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2018-06-27_CV_SPS_OfficialVersion_effective 2018-06-27.pdfMUNICIPALITY OF THE DISTRICT OF CHESTER CHESTER VILLAGE AREA REVISED SECONDARY PLANNING STRATEGY and LAND USE BY-LAW Effective from 28 January 2004 CHESTER VILLAGE AREA REVISED SECONDARY PLANNING STRATEGY 28 January 2004 This CONSOLIDATED EDITION is prepared for convenience only. For complete reference, please consult the original documents. This CONSOLIDATED EDITION has the following history: 1)Effective date 28 Jan.2004 From the documents approved by Council 1 December 2003, reviewed by Services Nova Scotia and Municipal Relations, and advertised on 28 January 2004. 2)Amended 30 June 2004 At Map 8, to delete the portion of protected watercourse across the Building Supplies property at 3797 Highway 3. 3)Amended 27 June 2006 At Maps 4 & 5 to include all of the lot behind 30 Maplewood Drive in the Highway Commercial designation. 4)Amended 4 July 2006 At Part 4.1 and Policy 4.1.4 to give reasons for increased lot areas and frontages on islands. 5)Amended 30 Jan. 2007 At Policy 4.2.1 to require review of wharves by Federal and Provincial agencies. 6)Amended 18 April 2007 At Maps 4 and 5 to change the designation of 157 Duke Street to Institutional. 7)Amended 6 June 2007 Various Housekeeping amendments. 8)Amended 3 July 2007 Policy 3.8.5, 4.2.4A and 4.10.8 to protect estuaries and historic structures. 9)Amended 15 April 2008 At Maps 4 & 5 to change the designation of 157 Duke Street to Residential. 10)Amended 10 June 2008 At clause 4.2 (f) to restrict the use of infill in the Waterfront Residential and Water Access Designations. 11)Amended 20 October 2009 At Section 4.5 to require all Commercial, Industrial and Institutional developments in the Rural Zone to use the Site Plan Process. 12)Amended 14 June 2011 At Section 4.3.2 to require site plans for expansion as well as new commercial buildings over 3200 sq. ft.At maps 4, 5 & 7 to change designation of #205 Duke Street. 13)Amended 11 April 2012 At Part 4.2 and Section 4.10.9 to allow the use of variance in the WR Zone and to recognize historical value in granting variances. 14) Amended 25 April 2012 Section 3.9 to add procedures for Telecommunications Towers. 15) Amended 23 May 2012 Multiple amendments to put Highway 3 Streetscape Study into effect. 16) Amended 26 Sept 2013 Housekeeping Amendments 3.9 re radiocommunication towers 17)Amended 27 Apr 2016 Section 3.9 to change review process for radiocommunications facilities 18) Amended 04 April 2017 Sections 4.3 and Sections 4.3.8-4.3.11 amended/added to allow shipping containers for non-residential uses, within portions of the Highway Commercial Zone. 19) Amended 10 May 2017 Sections 4.1, 4.10, 4.6.2 and 4.10A amended/added to clarify how site design guidelines for the Highway 3 Site Plan Area are applied to new construction and additions to buildings. 20) Amended 17 May 2017 Housekeeping Amendments to policies for architectural controls, changing Site Plan Approval Area to Development Area, Architectural Control to Design Control areas and adding development permit process. 21)Amended 08 Feb 2018 Amendments to prohibit the use of shipping containers within the Village Boundary. 22) Amended 11 April 2018 Amendments to change the regulations and requirements for portable signs within the Chester Village Boundary. 23) Amended 27 June 2018 Amendments to clarify and add regulations to allow off-site parking within the Central Commercial Zone. TABLE OF CONTENTS 1.0 INTRODUCTION ...........................................................................................................................................5 1.1 EVOLUTION OF THE REVISED PLANNING STRATEGY ........................................................5 1.2 STATUTORY AUTHORITY AND SCOPE ....................................................................................6 1.3 COMMUNITY CONTEXT ..............................................................................................................7 2.0 VISION, OBJECTIVES AND STRUCTURE ................................................................................................9 2.1 VISION .............................................................................................................................................9 2.2 OBJECTIVES .................................................................................................................................11 2.3 STRUCTURE .................................................................................................................................12 3.0 PUBLIC SERVICES .....................................................................................................................................13 3.1 GENERAL ......................................................................................................................................13 3.2 STREETS........................................................................................................................................14 3.3 WATER SUPPLY...........................................................................................................................15 3.4 GARBAGE AND SEWAGE ..........................................................................................................17 3.5 PARKS, RECREATION AND INSTITUTIONS ...........................................................................19 3.6 POLICE, FIRE AND THE CHESTER VILLAGE COMMISSION ..............................................21 3.7 ECONOMIC DEVELOPMENT .....................................................................................................22 3.8 WATERCOURSE PROTECTION .................................................................................................23 3.9 RADIOCOMMUNICATIONS FACILITIES .................................................................................24 4.0 LAND USE CONTROL ...............................................................................................................................25 4.1 RESIDENTIAL DEVELOPMENTS ..............................................................................................26 4.2 WATERFRONT DEVELOPMENTS .............................................................................................31 4.3 COMMERCIAL DEVELOPMENTS .............................................................................................34 4.4 INDUSTRIAL DEVELOPMENTS ................................................................................................38 4.5 RURAL DEVELOPMENTS ..........................................................................................................41 4.6 PROTECTED WATERSHED DEVELOPMENTS .......................................................................44 4.7 SIGNS & OUTDOOR DISPLAY AND STORAGE ......................................................................45 4.8 LANDSCAPING, FENCING AND LIGHTING............................................................................46 4.9 GENERAL ......................................................................................................................................47 4.10 ARCHITECTURAL CONSERVATION .......................................................................................49 4.11 ALTERATION OF LAND LEVELS .............................................................................................51 4.12 CONSERVATION AREAS............................................................................................................52 5.0 SUBDIVISION OF LAND ...........................................................................................................................53 5.1 LOT SIZES .....................................................................................................................................54 5.2 LOT ACCESS .................................................................................................................................55 6.0 IMPLEMENTATION AND ADMINISTRATION ......................................................................................57 Chester Village Area Secondary Planning Strategy . . .5 1.0 INTRODUCTION 1.1 EVOLUTION OF THE REVISED PLANNING STRATEGY Chester Municipal Council first adopted a Municipal Development Plan and Zoning By-law for Chester Village and the immediate surrounding area in 1976. These documents were extensively revised in 1983 and 1992 following formal “Five Year Review”processes. At the time of their adoption, these revised planning documents -by then known as the Municipal Planning Strategy (MPS) and Land Use Bylaw (LUB)-were the only such planning documents in the Municipality. In 1997, however, Council adopted a Municipal Planning Strategy for the entire Municipality which established a policy framework for the provision of public services and localised development control within the municipality’s predominantly rural context. Within that overall municipal-wide framework the MPS for the Chester Village Area was included as a Secondary Planning Strategy. This present revised document -now to be known as the Chester Village and Area Secondary Planning Strategy, along with its accompanying revised Land Use Bylaw -has been adopted by Council following a AFive Year Review”of the 1992 MPS and LUB with benefit of input from the Chester Village Area Advisory Committee, the Chester Municipal Planning Advisory Committee and the general public. A central step in the review process was a discussion paper entitled Chester: Towards a Renewed Vision for Planning and Development (June 2000), which provides a useful reference for understanding the revised policies and land use controls set out in this strategy. Chester Village Area Secondary Planning Strategy . . .6 1.2 STATUTORY AUTHORITY AND SCOPE The statutory authority for municipal planning lies in the Municipal Government Act (MGA),Chapter 18, Statutes of Nova Scotia 1998, as amended, which incorporates and expands upon the former Planning Act under which the earlier MPS’s and LUB’s for Chester Village were adopted. Sections 212 -216 of the MGA enable Council to adopt a Municipal Planning Strategy (including a Secondary Planning Strategy) for all or for part of the Municipality in order to address problems and opportunities in the development of land, to address the environmental, social and fiscal effects of the developments, and to specify ways of putting Council’s policies into effect. Section 214(1) of the Act allows a Municipal Planning Strategy to include policy statements on a broad range of matters as follows: a)the goals and objectives of the municipality; b)the physical, economic and social environment; c)protection, use and development of environmentally sensitive areas; d)stormwater management and erosion control; e)excavation or filling in of land, the placement of fill or the removal of soil; f)retention of trees and vegetation for landscaping, buffering, sedimentation or erosion control; g)studies to be carried out prior to undertaking specified development; h)staging of development; i)provision of municipal services and facilities; j)municipal investment and coordination of programs for economic, social and physical development; k)non-conforming uses and structures; l)subdivision of land; m)use and conservation of energy, including the height and siting of developments; n)public involvement in planning matters; policies governing: o)land-use by-law matters, including amendments, the acceptance and use of cash-in-lieu of required parking; the use of development agreements; he establishment of comprehensive development districts; the use of site-plan approval areas; the establishment of transportation reserves; the use of infrastructure charges; p)regulation of development and land use related to an agreement under the Aeronautics Act; q)any other matter related to the physical, social, or economic environment of the municipality. Section 214(2) also requires that a council shall include policies in the Planning Strategy on how it intends to review the Planning Strategy and the Land Use By-law. Council’s policies on these matters can be put into effect through resolutions of Council or through a range of municipal bylaws. The MGA specifically enables Council to adopt two bylaws that have special relationships with the Secondary Planning Strategy: namely, the Land Use By-law and the Subdivision By- law. Section 220 lists the aspects of land use which a municipality can regulate through a Land Use By-law. These include: a)creating zones together with lists of structures and land uses permitted or prohibited in each zone; b)lot frontage and area; c)location, minimum yards, height, bulk, floor area, and external appearance of structures; Chester Village Area Secondary Planning Strategy . . .7 d)percentage of lot coverage and density of dwelling units; e)lot access and parking requirements; f)type, size and location of signs; g)fences, walks,landscaping and outdoor lighting; h)planting or retention of vegetation for landscaping; i)outdoor storage; j)location of waste disposal sites; k)prohibition of certain classes of development where related municipal costs are prohibitive; l)excavation or filling in of land, removal of topsoil; m)development near watercourses, or on unstable ground. Section 244 states that a municipal development permit is required for any development where a Land Use By-law is in effect,but also allows the By-law to exempt some developments from this requirement. Council has adopted a Land Use By-law for the Chester Village Area in conjunction with this Secondary Planning Strategy. Land development often involves subdivision, lot consolidation or boundary alteration. Prior to June 2000, these were regulated through the Provincial Subdivision Regulations. In June 2000, Council adopted a Subdivision Bylaw that incorporates many provisions of the Provincial Subdivision Regulations but which also includes requirements for municipal services such as sewer construction, road construction and public open space. The Subdivision Bylaw, the Planning Strategy and the Land Use By-law are inter-related in that the Subdivision By-law generally requires that all lots created by subdivision within the Chester Village area must meet the requirements of the Land Use By-law. Also, the Subdivision By-law contains certain special provisions and exemptions (carried over from the Provincial Subdivision Regulations) that are only operative when the Planning Strategy includes policies that give effect to them. The authority for the adoption and content of the Subdivision By-law is in sections 271 -292 of the Municipal Government Act. 1.3 COMMUNITY CONTEXT Laid out in the 1760's as the central town for the Township of Shoreham (later changed to Chester), Chester Village has evolved over two and a half centuries as a small service centre for the surrounding communities and this continues in the present-day. Although the Town of Bridgewater has developed as the regional centre for government and commercial services on the South Shore, Chester Village fills a strong sub-regional role in providing the seat of municipal government as well as commercial, recreational, medical and educational services to a population of about 2000 in the immediate area and over 10,500 in the wider municipality. The construction of Highway 103 in the early 1970's, coupled with steady population growth in the Halifax metropolitan area, has led to a slow but steady growth of Chester Village and other parts of the Municipality as a desirable residential area only 45 minutes out of the city. The high quality residential character of the village is regarded as one of its greatest assets. A longtime summer resort, Chester Village continues to rely on seasonal residents and tourism for a major portion of its business and cultural life. The physical character of the community is strongly influenced by the ocean and a landscape of smoothly contoured, picturesque, drumlin hills, with views of the Harbours and the waters and islands of Mahone Bay. The central village area is very compact with modestly sized, closely spaced buildings and narrow, tree lined streets that contribute significantly to its character and charm. The short distances between shopping areas, Chester Village Area Secondary Planning Strategy . . .8 community services, the waterfront, and residential areas, create an atmosphere that encourages walking. This ambience, too, is highly valued and considered worthy of protection. It is generally expected that slow, steady growth will continue, with increasing development pressure both from the opportunity to commute to work in Halifax from a rural atmosphere in Chester, and the opportunity to retire to a quiet rural setting. The challenge faced by Chester Municipal Council is to provide for that steady residential and commercial growth without compromising the unique character and appearance of the Village and without compromising accustomed local lifestyles. Chester Village Area Secondary Planning Strategy . . .9 2.0 VISION, OBJECTIVES AND STRUCTURE 2.1 VISION The over-arching vision of this revised planning strategy is founded upon input received from the public through the Area Advisory Committee during the Five Year Review process. A summary of this input was included in the discussion paper Chester: Towards a Renewed Vision for Planning and Development (June 2000) and these opinions of the public are repeated here as a preamble to the policies that follow: Keep Chester as it is:protect existing character. Develop an overall plan for economic development and tourism development and the infrastructure needed to implement that plan. Protect the residential character of the village. Do not make Chester into a shopping centre or a crowded tourist town. Keep it like it has been for the past 35 years. Protect what we have. Plan for ourselves, not for what others think we should be. The residential character of Chester is its greatest asset. Planning policies should be weighted to protect that character. Learn from the mistakes of other places which have become overcrowded with monster houses. Protect Chester’s existing character. Preserve the village and the views of the water. Limit growth. The residential zone in the village centre is too permissive. Limit development density. Develop sidewalks so that elderly people can walk about safely. Do not develop sidewalks because they will change the existing character. Develop sidewalks downtown to separate “people areas”from “vehicle areas”. More parking needed downtown, including limitations on delivery vehicles/delivery times. Architectural controls are needed to protect Chester’s beauty. Municipal planning policies and zoning regulations should be integrated with the goals and objectives of the Village of Chester Tourism Development Association (VOCTDA). We already have a vision of what we want -keep Chester as it is. Wetlands, swamps, and other green areas need to be identified and protected. The existing MPS & LUB are generally too permissive and should be tightened up. The overwhelming message from the public, as expressed through the Five Year Review, is to “Keep Chester as it is”in terms of development density and physical, environmental, and architectural character. At the same time there is a desire to develop, enhance, and promote the community for tourism and economic development. These visions and goals are not mutually exclusive but do require a balancing and compromise of interests if they are to be achieved in a manner acceptable to all. In 2010 Council commissioned a study of the Highway 3 streetscape between Robinson’s Corner and Stevens Road. “Planning Vision and Streetscape Design for Highway 3 at Chester Village” by Ekistics Planning and Design, dated January 2011, was accepted by Council in January 2011. That study set out a vision for land use, site development standards, and architecture which led to multiple amendments of this Secondary Planning Strategy and the accompanying Land Use By-law. That study expresses Council’s general intent for development in this area, which are articulated in specific policies in this document. The intent is summarized in the vision for the area: “… residents want Highway 3 to be thought of again as North Street. A street that is a special place, and extension of Chester’s high quality sense of pla ce and an artery through a special community. The vision of the sprawling commercial strip-malls and generic franchises was rejected….”. Chester Village Area Secondary Planning Strategy . . .10 There is also a desire for more certainty in land development policies and regulations, so that residential property owners in particular can be assured of protection from inappropriate development in residential areas, and so that the business community will be clear about where new commercial development will be permitted and on what terms. In particular, this means that the past reliance on development agreements as a primary tool for development control -a policy structure that has been in place since 1983 -will be replaced with a more clearly defined as-of-right zoning structure that includes identifying site plan approval areas. This revised Secondary Planning Strategy (hereafter referred to in this text simply as “the Planning Strategy” is structured with these visions in mind, and with the following policies articulating Council’s objectives in relation to them: Chester Village Area Secondary Planning Strategy . . .11 2.2 OBJECTIVES The following policies express Council's objectives in adopting this Planning Strategy for Chester Village and the surrounding area: 2.2.1 The existing character of Chester -regarded as a high quality, predominantly residential living environment of traditional architectural character and urban form with small enclaves of modern residential, commercial, institutional and light industrial development -is regarded as the primary point of reference and model for future development. 2.2.2 It is the intention of Council to protect the existing character of Chester from inappropriate development and to require that new development shall fit in with and enhance existing character. 2.2.3 This Planning Strategy provides a framework and a process to accommodate change in development and land use in Chester Village and the surrounding area. 2.2.4 It is the intention of Council to control land use and development in a manner that will minimize conflicts between land uses and in a manner that is compatible with the Municipal services. 2.2.5 It is the intention of Council to control land use and development in a manner that will preserve, enhance, and protect the natural environment and the living environment of the planning area. 2.2.6 It is the intention of Council that the study “Planning Vision and Streetscape Design for Highway 3 at Chester Village” by Ekistics Planning and Design, dated January 2011 expresses Council’s general intent for future development along Highway 3 within the Chester Village Area. Chester Village Area Secondary Planning Strategy . . .12 2.3 STRUCTURE In order to give effect to the visions and objectives set out in Subsections 2.1 and 2.2 above, Council has adopted this Secondary Planning Strategy according to the following policies: 2.3.1 This Secondary Planning Strategy applies to the Chester Village Planning Area, which is an area of land shown specifically on Maps 4 and 5, Future Land Use Maps, and generally described as: the Village of Chester, together with surrounding adjacent parts of Council Districts 3 and 7, including the watershed of Spectacle Lake. 2.3.2 This Planning Strategy is the primary policy document through which the future growth and development of the Chester Village Planning Area shall be encouraged, guided, and controlled. 2.3.3 The Land Use By-law, prepared and adopted by Council in conjunction with this Planning Strategy is a primary regulatory mechanism for land use and development control, through which the intent of this Planning Strategy is put into effect. 2.3.4 The Subdivision By-law of the Municipality of the District of Chester is a primary regulatory mechanism for development control, through which the intent of this Planning Strategy is put into effect. 2.3.5 The following maps appended to this Planning Strategy form part of the Planning Strategy: Map 1 Existing Land Use (1:5,000 Scale) Map 2 Sanitary Sewer and Serviceable Area (1:5,000 Scale) Map 3 Public Streets and Rights-of-way (1:5,000 Scale) Map 4 Future Land Use (1:10,000 Scale) Map 5 Future Land Use (1:5,000 Scale) Map 6 Future Land Use Residential Areas (1:5,000 Scale) Map 7 Design Control Areas (1:5,000 Scale) Map 8 Watercourse Protection Areas (1:5,000 Scale) 2.3.6 The Future Land Use Map, which is attached to this Planning Strategy is a generalized representation of the intended pattern of future land use in the Chester Village Planning Area, and is presented in the form of three Map sheets of which Map 4 at 1:10,000 scale shows the entire area, while Map 5 at 1:5,000 scale shows a portion of the area in greater detail, and Map 6 indicates areas within which multi-unit residential uses are permitted. 2.3.7 Throughout this Planning Strategy and throughout the Land Use By-law, the metric measurement system is used to indicate the required standards. Imperial measurements are approximate only and are inserted only for convenience. Chester Village Area Secondary Planning Strategy . . .13 3.0 PUBLIC SERVICES 3.1 GENERAL Like all Municipal governments, Chester Municipal Council administers and supervises a wide range of services provided for the residents of the Municipality. Some which are administered at arm's length such as education or social services, are not directly addressed in this Planning Strategy. Others, such as police or fire protection, which are also not directly administered by Municipal Council, are addressed only in general terms. Still others are a more direct responsibility of Council and are the subject of specific policy statements. The following policy expresses Council's general intention for providing public services: 3.1.1 It is the intention of Council to maintain, improve, and expand municipal services, facilities, and programs, subject to financial constraints. Chester Village Area Secondary Planning Strategy . . .14 3.2 STREETS Although towns and cities in Nova Scotia are directly responsible for the construction and maintenance of all public streets within their boundaries, rural municipalities are not. Under the Municipal Services Exchange Agreement of 1995, Chester Municipal Council has an agreement with the Nova Scotia Department of Transportation and Public Works (DOTPW) for maintenance of Provincial Public Highways and Municipal Public Highways within the Chester Village Planning Area. There are a number of public street rights-of-way, shown on various survey plans, which are not currently maintained by DOTPW, but which have potential for future development and future public use. Council's policies address the preservation of these public rights-of-way, in anticipation of their future development. Most such street rights-of-way appear to be in the ownership of the Crown, and so direct control of their ownership and their dedication to public use is in the hands of DOTPW rather than in the hands of Council. Because residents of the area are directly affected by the use of public streets, Council's policy is: 3.2.1 To co-operate with the N. S. Department of Transportation and Public Works in providing, maintaining and upgrading public streets, sidewalks, and street drainage systems within the Chester Village Planning Area as shown on Map 3, Public Streets and Rights-of-Way. 3.2.2 To co-operate with the Department of Transportation and Public Works in providing public sidewalks on main thoroughfares where pedestrian safety is an issue,and in providing other options for active transportation within the public highway rights-of-way in accordance with the Council’s Active Transportation Policy. 3.2.3 Not to approve any Land Use By-law amendment or development agreement, until Council is satisfied that the development proposal will not create undue traffic hazards, result in undue traffic congestion, or unduly interfere with pedestrian movement on Public Streets. 3.2.4 To encourage the continued existence of undeveloped public rights-of-way as shown on Map 3, Public Streets and Rights-of-Way and their development for non-vehicular recreational uses such as walking paths, shoreline access points, etc. 3.2.5 Where portions of any street right-of-way are conveyed to adjacent landowners by the N.S. Department of Transportation and Public Works, to consider amending the Land Use By-law to reflect any consequent changes in the public interest, subject to Policy 6.0.7. Chester Village Area Secondary Planning Strategy . . .15 3.3 WATER SUPPLY In 1967, Council commissioned a preliminary engineering study by Paul Wendt Ltd. to look at the possibility of providing central sanitary sewer and central water supply services to the Chester Village area and the Western Shore area. A sewer system was constructed in Chester Village in 1974-1975, but a central water supply was not. Individual property owners in the Chester Village Planning Area are responsible for providing their own water supply, generally from dug or drilled wells. The Chester Village Commission maintains a series of surface wells for fire-fighting and relies heavily on sea-water for the major fire-fighting water supply. In 1982, the Lunenburg County District Planning Commission commissioned Interprovincial Engineering Ltd. to make a study of the potential supply of groundwater in the Western Shore and Chester Village areas. That study concluded that the 5,000 acre area between Wake-up Hill in the west, Henneberry Lake in the east, Chester Village in the south, and Highway 103 to the north contains more than enough groundwater to supply the residents within it. The study did not locate any site suitable for a central water supply from drilled wells and also acknowledged that some parts of this area, such as the core of Chester Village, suffer from inadequate quantities of water. At Council's request Interprovincial Engineering in 1987 reviewed the 1967 study and prepared an estimate of costs for a central water system. In 1990 Council requested the then N.S. Dept. of Health and Fitness to survey wells in the Chester Village Planning Area. 19% of the dug wells surveyed run dry at times, 63% of the dug wells showed bacterial contamination, 40% of the drilled and 30% of the dug wells showed salt contamination, most wells yielded very corrosive water, and most had elevated levels of iron, manganese or nitrates. The 1980s studies also showed that Spectacle Lake is the most feasible water source for a central water supply system. The continued problems with groundwater supplies in the village area indicate that the need for such a system may well become overwhelming at some future time. In 1992 the Spectacle Lake Watershed was added to the Chester Village Planning Area and protected from commercial, industrial and small lot residential development by establishing large lot area and construction setback requirements . Preserving the potential of Spectacle Lake as a water source for a central water supply system is addressed in greater detail in Section 4.6 of this Planning Strategy. Also in 1992, a preliminary feasibility study for a central water supply system was conducted by Beasy Nicoll Engineering Ltd. in anticipation of possible consulting work. The study included estimated costs per household needed to pay for the system. In 1993 Council conducted a survey to determine the level of public interest in such a system. Only 41% of the respondents were in favour of a central water system and only 5% were willing to pay the annual charges necessary to support the system. In 1994/95 Council applied for Provincial funding for a feasibility study for a central water supply, but the application was refused due to the lack of public support for such a system. In 2001, Council purchased two parcels of land abutting Spectacle Lake. This triggered a reconsideration of the policies for protection of the watershed, particularly in light of publicized water supply contamination problems in other parts of Canada (Walkerton, Ontario in particular). After reviewing the physical location of the water supply lands, and the difficulties of access to these lands, Council concluded that more restrictive regulation is appropriate, in order to discourage the development of roads and housing in this area. To this end the existing and traditional uses of the lands in the watershed will be encouraged to continue, but intensive development of the land for new uses which involve road construction, permanent structures, intensive landscaping, and sewage disposal will not be permitted. A study of water quality and water quantity potential of Spectacle Lake was completed in 2009 which shows the lake is a suitable water source for the Chester Village Area. Further data collection allowed this to be updated in 2011. Council has also continued to acquire land abutting the lake, as well as the key lands required for locating a water treatment plant and a water reservoir, as identified in an updated engineering plan by KVM Consultants in April 2011. Chester Village Area Secondary Planning Strategy . . .16 In consideration of the water supply in the Chester Village Planning Area, it is the policy of Council: 3.3.1 To continue to monitor the quality and quantity of groundwater available in the Chester Village Planning Area. 3.3.2 To periodically review the feasibility of constructing a central water supply system for the Chester Village Planning Area, including the possibility of public/private partnerships. 3.3.3 To establish a Protected Watershed Zone in the Land Use By-law, with strict limits on development within the zone, in order to protect the Spectacle Lake Watershed for purposes of future water supply for the village. 3.3.4 To limit the density of residential development in the Planning Area in order to protect groundwater supply, in accordance with policies articulated in section 4.1 (Residential Development) of this Planning Strategy. 3.3.5 To require confirmation of adequate groundwater supply prior to issuance of any site plan approval for multi- unit residential development of more than four units in the Chester Village Planning Area in accordance with policies articulated in Section 4.1 (Residential Development) of this Planning Strategy. 3.3.6 To explore with the Provincial Department of the Environment designation of the Spectacle Lake Watershed as a protected water supply area. 3.3.7 To continue to acquire land within the watershed of Spectacle Lake as funding arrangements permit. Chester Village Area Secondary Planning Strategy . . .17 3.4 GARBAGE AND SEWAGE In 1993, Council constructed a sanitary landfill at Kaizer’s Meadow to serve the entire municipality. Council contracts with private industry to supply garbage pickup and disposal services within the Chester Village Planning Area. The majority of residences and businesses in Chester Municipality use on-site septic tanks and disposal beds for sewage treatment and disposal. Permits for the installation of such systems are granted by the Nova Scotia Department of Environment and Labour, in accordance with the Nova Scotia On-Site Sewage Disposal Regulations. In the area of Chester Village, however, the municipality owns and maintains a central sewage collection system and a sewage treatment plant. In 1993/95 Council commissioned a Wastewater Management Strategy, which included: Inflow and infiltration studies to identify sources of groundwater entering (and thereby reducing the efficiency of) the collection system. Improvements needed to reduce infiltration in the collection system. A “receiving water”study to determine the effectiveness of the system at the outflow pipe. A study of the treatment plant capacity and efficiency. The study also proposed a variety of upgrades to bring the treatment plant up to the operating capacity for which it was originally designed in 1975. Physical upgrades began in 1997. One significant aspect of the study was its projection of the amount of future development that the sewage treatment system can support once fully upgraded. This was projected at 750 people, or approximately 300 dwelling units. A further study by Planning Staff and the Municipal Engineer in 2001 revealed that this corresponded roughly to the amount of infill development that is possible within the area serviceable by the existing sewage collection system. This led in turn to the recommendation that the sewage collection system should not be extended beyond its present limits until additional treatment plant capacity is provided. Deliberations during the Five Year Review also determined that the area most in need of sewer extension is the Walker Road, where many waterfront residences have old, on-site sewage disposal systems of varying degrees of adequacy and environmental safety, and that this area should therefore have first priority for any future extension of the sewage collection system. The location of the sewage treatment plant amidst a residential area off the Nauss Point Road was also an issue during the Five Year Review. Under previous planning strategies, the treatment plant has been zoned Institutional -a designation that permits a wide range of institutional uses. Under this Revised Planning Strategy the treatment plant will be given a new designation with a more limited range of permitted uses. This gives rise to the following policies: 3.4.1 To maintain and improve the existing sanitary sewage collection and treatment system as shown on Map 2, Sanitary Sewer Map. 3.4.2 To require new development adjacent to the sanitary sewer system to connect with the existing system, in accordance with the Sewer By-law. 3.4.3 To limit new connections and extensions to the sewage collection system to within the area shown as “Serviceable Area”on Map 2, Sanitary Sewer Map. 3.4.4 To consider extensions to the sewage collection system beyond the “Serviceable Area”shown on Map 2, Sanitary Sewer Map only when additional treatment plant capacity is available. Chester Village Area Secondary Planning Strategy . . .18 3.4.5 To regard the Walker Road as the area with the highest priority for extension of the sewage collection system. 3.4.6 To designate the sewage treatment plant property off the Nauss Point Road as a restricted institutional area for use as a sewage treatment plant and a narrow range of other, low impact institutional uses. Chester Village Area Secondary Planning Strategy . . .19 3.5 PARKS, RECREATION AND INSTITUTIONS There are a number of parks in the Chester Village Planning Area. The Village of Chester owns the Lido Pool, the bandstand, the war memorial and a flower garden at the intersection of Victoria Street and South Street, as well as the Jib Lot Park and its associated waterlot across the street at the intersection of Victoria Street and Prince Street. The Municipality of Chester owns Freda’s Beach on both sides of the road at the entrance to Freda’s Peninsula, the Back Harbour Wharf adjacent to the Lido Pool property, and the Zoe Valle library and Park on Regent Street. The Chester Garden Club owns the flower garden and sitting area at the head of the Front Harbour. The Church Memorial Park owns the tennis courts, ball field and parking area off Pig Loop Road. The Chester Municipal Heritage Society owns the Lordly House Museum and Lordly Park between Central and Prince Streets near Regent Street, and leases from the Provincial Government the former railway station off North Street. In addition, the old CN railway right-of-way, now owned by the Province and with the involvement of the Municipality, is under a long-term plan for development as a recreational trail, to be managed by the Municipality. The preservation of these areas as open parkland, dedicated to pas sive and active outdoor activities, is important to the Community. More intensively developed recreational facilities are extensive, comprising a hockey arena and curling rink located at the Pew Memorial Arena, as well as sports facilities associated with the elementary and high schools. These facilities are institutional in nature and will be included in the areas designated for institutional uses. There are many other land uses of an institutional nature such as schools, churches, cemeteries, senior citizens facilities, and museums which are scattered throughout the Chester Village Planning Area and included in the Institutional areas. Under the earlier Planning Strategy, institutional uses were also permitted by right in Commercial areas, by development agreement in Residential areas and, in Rural areas, by right up to certain thresholds and by development agreement over those thresholds. Under this Revised Planning Strategy, institutional development policy is more restrictive due to the expressed community desire to provide greater protection to residential areas and rural areas with a potential for residential development. Accordingly, new institutional developments will continue to be permitted by right in Commercial areas (where they are considered to be compatible in terms of their public and quasi public nature, their traffic generating capacity and their need to be easily accessible from arterial streets) but will be prohibited in residential areas and allowed by right in Rural areas only up to certain size limitations. This revised policy, however, does not preclude the possibility of Council considering proposals for institutional development by amendment to this Planning Strategy. The following policies express Council's intention for parks, recreational facilities and institutions: 3.5.1 To permit the use and development of lands throughout the Chester Village Planning Area for passive and active outdoor recreational activities by permitting Parks in all zones in the Land Use By-law. 3.5.2 To designate existing parks, including the former CN railway right-of-way, as park lands devoted to passive and active outdoor leisure activities as well as to conservation; and to establish for these lands a corresponding Park Zone in the Land Use By-law where land uses will be restricted to those appropriate in public parks. 3.5.3 To designate the existing recreational facilities, schools, churches, cemeteries, senior citizens facilities, and government services buildings as institutional areas and to establish in the Land Use By-law a corresponding Institutional Zone where land uses will be limited to a broad range of institutional activities and related uses but business or professional offices will be permitted only in existing buildings subject to a size limitation in the Land Use By-law. 3.5.4 To give consideration to acquiring properties that are unique because of environmental sensitivity or historical association and properties that have a high potential for recreation or leisure activities including those on islands and others that give public access to water. Chester Village Area Secondary Planning Strategy . . .20 3.5.5 To continue to provide recreation services through the Chester Recreation Commission within the financial capabilities of the Municipality. 3.5.6 To co-operate with and encourage the efforts of institutions to improve and extend their facilities, services, and programs within the Chester Village Planning Area. 3.5.7 To permit occasional or temporary outdoor or indoor markets, bake sales, flea markets, and vegetable and produce markets within buildings and on land that is zoned for institutional use. 3.5.8 To permit institutional uses in all areas that are designated and zoned for commercial use, except for those isolated special commercial areas identified in Policy 4.3.5. 3.5.9 To permit institutional uses in areas that are designated and zoned for Rural use subject to size limitations and development standards outlined in Policy 4.5.2 and in the Land Use By-law. Chester Village Area Secondary Planning Strategy . . .21 3.6 POLICE, FIRE AND THE CHESTER VILLAGE COMMISSION Police protection throughout the Municipality is provided by the Chester Detachment of the Royal Canadian Mounted Police (R.C.M.P.). The detachment office is in Chester Village, but is expected to move within a few years to a location on Highway 14 outside the Planning Area. Fire protection throughout the area covered by this Planning Strategy is provided by the Chester Volunteer Fire Department, an organization under the authority of the Village Commissioners of Chester. The Village Commission itself was established in 1935 and became subject to the Village Service Act in 1963, then subject to the Municipal Government Act in 1998. The boundaries of the Village have not changed since 1935 and are shown on Map 4 Future Land Use Map. The Planning Strategy applies to the Village and to areas adjacent to the Village. Council has made a practice of appointing a member of the Village Commission to the Planning Advisory Committee and intends to continue to seek the advice and assistance of the Village Commissioners in all matters directly affecting the Village of Chester. An application in 1998 to the Nova Scotia Utility and Review Board to create a Town of Chester proposed to incorporate the Village and a large surrounding area (the whole of Council District Three) into a Town. The Review Board decision in 2002 was positive, but changes to the Municipal Government Act required a plebiscite among affected residents. The plebiscite was held in early 2003 and the results were negative. Various court actions on the matter were continuing at the time of writing. To assure the orderly and efficient delivery of essential services, Council adopts the following policies: 3.6.1 To continue to co-operate with the R.C.M.P. in providing policing services. 3.6.2 To continue to co-operate with and to provide financial services to the Village Commissioners of Chester to ensure the provision of adequate fire protection services and any other services within the authority of the Village Commissioners to the extent that municipal funding is available. 3.6.3 To continue to seek the advice and assistance of the Village Commissioners of Chester in any planning matters directly affecting the Village and its residents. Chester Village Area Secondary Planning Strategy . . .22 3.7 ECONOMIC DEVELOPMENT In 1994 the Strategic Action Report for Tourism and Economic Development in Chester Municipality was prepared for the Chester Chamber of Commerce and the Chester Municipal Development Commission. It identified the tourism assets of the municipality, including those in Chester Village, and recommended a number of initiatives to improve the tourism economy, including downtown enhancements, waterfront improvements, parking improvements, walking tours, house and boat tours, event development, business recruitment, and promotions. None of these projects were articulated in any great detail but were intended to be developed and implemented over time by the Development Commission and the Chamber. Before any significant work could be done, however, the project was eclipsed by the dissolution of the Development Commission and its absorption into the Lunenburg Queens Regional Development Authority in 1996. In 1995, the Village of Chester Tourism Development Association (VOCTDA) was formed. In 1996, VOCTDA commissioned the Village of Chester Improvement Plan. The purpose of the plan was to “identify tourism and infrastructure improvements for the village ... that will enhance its attractiveness to both tourists and residents.”The plan identified five high priority projects -a waterfront promenade, sidewalk improvements, signage improvements, parking improvements, and tourist bureau improvements -as well as many other lower priority items including historic walking tours, Lido playground improvements, Freda’s Beach upgrade, public washrooms, village landscaping, Lordly Manor Historic Garden, a new picnic area, event promotions, and an increase in B&B accommodations utilizing the attractions of Chester ’s many fine old houses and estates. Council assisted financially and organizationally in the waterfront promenade project, which was given the highest priority and which was completed in 2000. Council also recognizes the value of the Front and Back Harbours as resources for economic development based on tourism and recreational boating. The Provincial Government maintains ownership of the Front Harbour wharf, but transferred ownership of the Back Harbour wharf (as well as wharves in Chester Basin and Western Shore) to the Municipality in the mid 1990s as part of its downloading of responsibility for small craft harbour management to provincial and local governments. The Municipality demolished the Back Harbour wharf in 2000 for safety reasons but re-built it in 2002, and continues to regard the harbours, and access to them, as valuable assets that require both enhancement and public management of facilities. In 2001, the Chester Municipal Industrial Park on Windsor Road, which originated in the early 1990s as a project of the Chester Development Commission but which had attracted little develo pment, was sold to private interests, marking an end to the municipality’s direct involvement in industrial development. In light of these initiatives, the following policies express Council's intentions for economic development in the Chester Village Area: 3.7.1 To co-operate with agencies and community groups such as the Lunenburg Queens Regional Development Authority in fostering economic development in the Municipality in general and the Village of Chester Area in particular. 3.7.2 To cooperate organizationally and financially with community groups such as the Village of Chester Tourism Development Association (VOCTDA) and the Chamber of Commerce in the realization and implementation of tourism and infrastructure improvements for the village that will enhance its attractiveness to both tourists and residents. 3.7.3 To cooperate with agencies and community groups such as the Nova Scotia Department of Natural Resources, the Village of Chester Tourism Development Association (VOCTDA), the Village Commission, and waterfront property owners in the possible development of a community-based Harbour and Shoreline Management Agreement dealing with such issues as launch facilities, location of wharves, floats and moorings, and maintenance of unsightly or dangerous wharves. Chester Village Area Secondary Planning Strategy . . .23 3.8 WATERCOURSE PROTECTION Although earlier planning strategies for the Planning Area have included environmental protection policies, these have been restricted in their applicability only to proposals for development agreement or re-zoning. This deficiency was identified in the Five Year Review and was a subject of particular concern at public meetings. In this revised planning strategy a broader approach is taken, particularly in relation to watercourse protection. It is recognized that structural development and related alterations of land levels, infilling, etc. can negatively affect watercourses, including related wetland environments. Construction activities can create sedimentation. Infilling of watercourses, including wetlands can reduce absorption capacity, increase downstream flows and contribute to flooding. These activities can also negatively affect groundwater water supply and groundwater quality throughout the planning area. In order to mitigate these negative effects Council adopts the following policies: 3.8.1 That the Land Use By-law shall restrict development within 8 Metres (26 feet) of any watercourse shown on Map 8 of this Planning Strategy, titled Watercourse Protection Areas. 3.8.2 That the Land Use By-law shall restrict the alteration of land levels in relation to any development within 8 Metres (26 feet) of any watercourse shown on Map 8 of this Planning Strategy. 3.8.3 That the Land Use By-law shall provide for variances from the specific restrictions imposed under Policies 3.8.1 and 3.8.2 provided these variances do not alter the intent of these policies as expressed in the preamble above. 3.8.4 That development of the ocean shoreline is restricted by the policies in Section 4.2 of this Planning Strategy. 3.8.5 That the Land Use By-law shall restrict development within the estuary of any watercourse shown on Map 8 of this Planning Strategy. 3.8.6 That developments approved through the site plan process and the development agreement process shall: a)include measures to retain storm water on site; b)include measures to mitigate the effects of storm water run-off from the site; c)require larger setbacks for development near Stanford Lake in order to protect the shoreline vegetation and control runoff into the lake. Chester Village Area Secondary Planning Strategy . . .24 3.9 RADIOCOMMUNICATIONS 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). Consequently, the Municipality authorizes 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. Chester Village Area Secondary Planning Strategy . . .25 4.0 LAND USE CONTROL Although there are a number of regulations and by-laws which exercise some control over development (such as the Municipal Building By-law, the Subdivision Bylaw and the N.S. Regulations Respecting On-Site Sewage Disposal Systems), they have a limited effect on preventing land use conflicts and they do not address land use planning issues specific to Chester Village and the surrounding area. As discussed in Policy 2.3.3 of this Planning Strategy, Chester Municipal Council has adopted a Land Use By- law to put into effect its policies on the control of land use. The Land Use By-law applies a combination of land use control techniques, including zoning, development standards, development agreements and site plan approval. In order to provide a framework for these controls, the Land Use By-law divides the Chester Village area into zones in which some land uses are permitted as-of-right, others are prohibited, and others are permitted only under specified condition, either by site plan approval or by development agreement. These zones are established and controlled by the policies expressed in this Planning Strategy. In the earlier Planning Strategies and Land Use By-laws of 1992 and 1983 there was an emphasis on the use of development agreements as a flexible planning tool enabling a variety of residential multi-unit, commercial and industrial developments to locate in certain parts of the planning area provided they were not in conflict with neighbouring land uses, and subject to a mandatory public hearing process. However, this technique has been de-emphasized in this revised Planning Strategy on the recommendation of the Area Advisory Committee and based on the expressed public wish to return to a more transparent as-of-right zoning scheme. This shift comes about from the controversial nature of some development agreement applications over the past ten years and the fact that development agreement policies have led to a perceived weakening of protective zoning for residential areas. In particular, development agreement policies that previously allowed large multi-unit residential developments and commercial developments in established residential areas have been removed from the Planning Strategy. Site plan approval is a new technique enabled under the Municipal Government Act, which allows approvals for certain types of development in defined areas subject to fulfillment of site planning criteria to the satisfaction of the development officer, and subject to notification of and right of appeal by neighbours. Policies enabling the use of site plan approvals are introduced into this Planning Strategy for multi -unit residential development in certain parts of the Low Density Residential area and Rural area as well as for commercial development in the Highway Commercial area. Chester Village Area Secondary Planning Strategy . . .26 4.1 RESIDENTIAL DEVELOPMENTS The Five Year Review has resulted in a significant re-structuring of residential land development policy in the planning area under this Revised Planning Strategy.The new vision for the Highway 3 Streetscape accepted in 2011 resulted in further re-structuring (see policy 2.2.6). Central Village Area Concerns about water supply and water quality in the older, central part of the village lying between the Front Harbour and Back Harbour have led to the creation of a new Central Village Residential designation which will include strict control on development density. New policies for this area will limit density through percentage lot coverage requirements, larger yard and building separation requirements than previously allowed, and a reduction of residential conversion privileges from four dwelling units to two dwelling units maximum. Larger conversions, which were previously allowed by development agreement, will no longer be permitted. The minimum lot size for this area will be set at half the original lot sizes laid out on the 1903 MacCallum Plan of Chester, so as to conserve the traditional urban form and open and spacious character of the village. Also, within this central village area,newly constructed two-unit dwellings (as opposed to conversions of existing dwellings) will be limited to one per block and will be subject to design control to ensure that they are architecturally compatible with established character. Estate Residential Areas The Revised Planning Strategy continues to acknowledge the distinctive character of the so-called Estate Residential areas where property values are high and where dwellings, lot sizes and separations between buildings are generally larger than in most other parts of the village. As in the earlier Planning Strategies, the Estate Residential designation is limited to the Peninsula, the Back Harbour area between Regent and Prince Streets, the Simons Point area, and the Nauss Point area. In this Planning Strategy, those islands which have been dedicated by the owners to conservation uses are given a Conservation Area designation under Policy 4.12.1, and those which have not been so dedicated are included in the Estate Residential designation. The islands were studied in the “Ecological Assessment of Mahone Bay Islands”report published by Bluenose Atlantic Canada Action Program and the School for Resource and Environmental Studies of Dalhousie University in August of 2002. This report analyses in detail the geology, soils, flora and fauna of the islands. It also comments on their degree of impact from humans and their potential as conservation areas. Based on this information, it is Council’s intention to limit the further impact of development on the islands in the Planning Area. Low Density Residential Areas Residential areas on the edges of the old village -along North Street (Highway 3) and parts of Duke Street, Haddon Hill Road, Pig Loop Road and the Commons Road -will continue to be designated as Low Density Residential areas, as they were under the previous planning strategy. These areas are characterized by a mixture of older and newer houses on moderate sized, serviced lots. Single Unit Residential Areas There are two residential areas -Seawinds Subdivision and Haddon Hill Subdivision -that were re-designated from Low Density Residential to Single Unit Residential in 1993 at the request of residents. These are modern subdivisions where there is a desire for restrictive zoning to protect the uniformly single unit residential character of these places. Rural Residential Areas The outer edges of the Planning Area are rural, semi-rural, or urban fringe in character. Residential uses in these areas tend to be spread out on relatively large, un-serviced lots, with large separations between buildings, intermixed with businesses and agricultural developments. Chester Village Area Secondary Planning Strategy . . .27 Waterfront Residential Areas See section 4.2. Multi-Unit Residential Development Under the former Planning Strategy, existing buildings were allowed to be converted into no more than four dwelling units by right in most parts of the Planning Area. Larger conversions were permitted only by development agreement. New multi-unit dwellings were also permitted only by development agreement and were limited to a four-units-per-building maximum in the inner part of the Planning Area and a twelve-unit- per-building maximum in the outer part of the Planning Area, as defined in that Planning Strategy. Controversy surrounding the approval of the Chandler’s Cove Village townhouse project under this policy and the possibility of similar applications in future, as well as broad concerns about water supply and architectural compatibility led to a new vision of where multi-unit residential development should and should not be permitted in the community, and under what terms.The discussions in the community which led to the Highway 3 Streetscape Study led to some adaptation of the original vision to better fit the long-term needs. Under this new vision, the inner part of the Planning Area is regarded as the area lying south and west of the Highway 3 corridor -including Haddon Hill and the Chandler’s Cove, Pig Loop, Golf Course, Lobster point areas -while the outer area is regarded as the area north and east of the Highway 3 corridor -including the Commons and the Stanford Lake area -as shown on Map 6, Residential Areas. In the Inner Residential Area, conversions up to four dwelling units will generally be allowed by right, except in the Central Village Residential area and the Single Unit Residential areas, where the limit will be two dwelling units, and Estate Residential and Waterfront Residential areas, where conversions will not be permitted at all. New two-unit dwellings will also be allowed by right but larger multi-unit dwellings will not be permitted. In the Outer Residential Area, conversions and new buildings up to four units will generally be allowed by right, and larger multi-unit buildings will be permitted by right subject to site plan approval, confirmation of adequate water supply, approval of sewage disposal, and satisfaction of any traffic concerns.However, the vision for the Highway 3 corridor requires some control of the architectural style and site design details of new development, which means that all multi-family development within the corridor will be required to satisfy the site design guidelines and will be subject the site plan approval process. In all areas, existing multi-unit buildings containing more than four dwelling units will be allowed to continue as they are, but any changes in their use will be subject to the appropriate zone requirements under the Land Use By-law. The intention of this new policy direction is to maintain existing character, protect property values, and protect water supply in established residential areas. Medium Density Residential Area As part of the Highway 3 Streetscape Study, an area on the North side of Highway 3 between the Victoria Street intersection and the Target Hill Road was identified as an area in which a greater residential density should be encouraged because it is close to a major traffic artery, close to schools and commercial services and served by central sewer as well as being close to the planned water distribution mains. Council’s intent is to allow the area to change over time to reflect these opportunities. Mobile Homes and Mini homes Mobile homes and mini homes, due to their long, narrow shape and their reputation as temporary, low quality housing, are sometimes seen as incompatible with established neighbourhood character and as a negative influence on neighbouring property values. Under former Planning Strategies mobile homes were permitted only by development agreement in the rural fringe of the Planning Area. Under this Revised Planning Strategy, however, and in accordance with the general thrust of reducing reliance on development agreements, Chester Village Area Secondary Planning Strategy . . .28 mobile homes will be permitted by right subject to site plan approval and only in the Outer Residential Area. Mini homes will be permitted by right only in the Outer Residential Area. Business Use in Residential Areas Home-based business is regarded as compatible with residential areas provided it is limited in scale and restricted to a range of business uses customary in residential neighbourhoods. The range of uses considered “customary”is broadest in the Low Density Residential areas and Rural areas and narrowest in the Single Unit Residential areas and Estate Residential areas. These considerations regarding residential land use give rise to the following Policies: 4.1.1 To protect the existing character, the living environment, and the stability of residential land use in the planning area while allowing a diversity of housing types. 4.1.2 To designate areas having a predominance of single-unit residential development as Low Density Residential areas as shown on Map 5, Future Land Use Map where land use activities shall be limited to uses that are customary and compatible in residential neighbourhoods, including two-unit dwellings and small scale business uses; also to establish in the Land Use By-law a "Low Density Residential Zone" where single and two-unit dwellings will be permitted and uses which tend to create land use conflicts in residential areas, such as the keeping of farm animals, are strictly controlled. 4.1.3 To designate the established residential area in the older central part of the village as a Central Village Residential area as shown on Map 5, Future Land Use Map, where single unit dwellings and customary small scale, home-based businesses shall be permitted but where conversions and new multi-unit development, including two-unit dwellings, as well as the size of new lots, will be strictly limited in order to protect the groundwater water supply in the area in accordance with Policy 3.3.4; also to establish in the Land Use By- law a corresponding "Central Village Residential Zone". 4.1.4 To designate those areas within the residential neighbourhoods and the offshore islands which are characterized by large lots and large building setbacks, as Estate Residential areas, as shown on Maps 4 and 5, Future Land Use Maps, in order to maintain the character of those areas; also to establish in the Land Use By-law an "Estate Residential Zone" in which land uses will be limited to single unit residences and small, home-based offices. Within this zone, subdivision of islands will be controlled by setting large minimum lot sizes and lot frontages, in order to help protect the natural habitat of the islands. 4.1.5 To designate those areas within the residential neighbourhoods which are characterized by single unit dwellings and a desire by their residents for unusually restrictive controls on land use, as Single Unit Residential areas as shown on Maps 4 and 5, Future Land Use Maps, in order to maintain the character of those areas; also to establish in the Land Use By-law a "Single Unit Residential Zone" in which land uses will be limited to single unit residences and small offices in the home. In addition, residential conversions to a maximum of two units will be permitted. 4.1.5A To designate the area between Highway 3 and the Chester Connection trail, bounded by the Victoria Street intersection and Target Hill Road, as a Medium Density Residential Area as shown on Map 5 Future Land Use Map, where all land uses permitted by right in the Low Density Residential zone will be permitted and dwellings containing from three to a maximum of twelve units will be permitted subject to site plan approval in accordance with Policy 4.1.8. 4.1.6 Within the residential areas designated on Maps 4 and 5, Future Land Use Maps, residential uses shall be considered the main land use activity. Non-residential uses that may be permitted through the Land Use By- law shall be restricted in size and character to reduce any negative impact on the residential environment. Chester Village Area Secondary Planning Strategy . . .29 4.1.7 To designate the portion of the Chester Village Area lying south and west of the Highway 3 Development Area shown on Map 7,Design Control Areas,as the "Inner Residential Area", as shown on Map 6,Residential Areas,within which: a)conversion of existing buildings to create up to four dwelling units will be allowed by right subject to standards contained in the Land Use By-law, only in the Low density Residential, Rural and various Commercial areas; and b)conversion of existing buildings to create up to two dwelling units will be permitted in the Central Village Residential and Single Unit Residential areas; and c)new two-unit dwellings will be allowed by right only in the Low Density Residential, Central Village Residential, Rural and various Commercial areas; and d)new buildings containing more than two dwelling units will not be permitted in the Residential Areas. e)Mobile homes and mini-homes are not permitted. 4.1.8 To designate the portion of the Chester Village Area lying within, as well as north and east of the Highway 3 Development Area shown on Map 7,Design Control Areas,as the "Outer Residential Area", as shown on Map 6,Residential Areas, within which: a)conversions of existing buildings and new multi-unit buildings creating up to four dwelling units will be allowed by right subject to standards contained in the Land Use By-law; and b)any form of residential development not permitted by right in the Land Use By-law, including but not limited to new multi-unit buildings containing no more than twelve dwelling units, will be permitted subject to site plan approval in accordance with site plan criteria contained in the Land Use By-law, and subject to: i)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; ii)approval by the authority having jurisdiction for access to any public street, adequacy of sight distances, driveway entrances, traffic safety, and any other traffic concerns, including pedestrian safety, iii)a density of no more than 7.5 dwelling units per acre. c)Mobile homes will be permitted only subject to site plan approval in accordance with site plan criteria contained in the Land Use By-law. 4.1.9 Small scale business uses that are compatible with residential land use, because of the non-intrusive nature of the use and their small size, such as, but not restricted to, offices, personal service shops, repair shops, studios, and guest houses are permitted throughout the Planning area in dwellings and in accessory buildings on the same lot as a dwelling, (subject to specific limitations on the range of uses permitted in the Single Unit Residential and Estate Residential zones in accordance with policy 4.1.10 and 4.1.11) provided that: a)the total floor area devoted to business use does not exceed 37 sq. m. (400 sq. ft.) or 25% of the floor area of the dwelling, whichever is less; b)retail sales are limited to: the sale of products made, assembled, refinished or repaired on the premises; and the sale of any goods or materials used in any of the processes involved in the primary use; Chester Village Area Secondary Planning Strategy . . .30 c)the number of signs is limited to one, which shall not be illuminated, and shall not exceed 0.5 sq. m. (5 sq. ft.) in area; d)there shall be no outdoor storage of goods or materials associated with the business use. 4.1.10 In Single Unit Residential and Estate Residential areas, small scale business uses in dwellings and accessory buildings shall be limited to office uses only. 4.1.11 To include existing structures containing more than four dwelling units in the lists of permitted uses in the Land Use By-law but to ensure that any changes in the use of these structures conforms to the requirements of the by-law for the zone in which they are located. Chester Village Area Secondary Planning Strategy . . .31 4.2 WATERFRONT DEVELOPMENTS The harbours and the open bay are fundamental to the unique character of Chester Village. The water surface itself is a public domain, and both physical and visual access to the water is very important to all residents. There is a strong interest in preserving the public wharves, as well as the public boat launching and haul-out facilities and the public beaches in the Chester Village Area. The extent of private ownership of water lots along the shoreline was examined in a report to Council from the Lunenburg County District Planning Commission dated 24 April, 1986. This showed that a large percentage of this shoreline is privately owned, the remainder apparently being owned by the Provincial Government up to the high water line. Section 355 of the Municipal Government Act provides for the extension of Municipal jurisdiction to include wharves, quays, breakwaters and other structures connected with the shore. The waterfront areas of the Village have traditionally been in commercial and industrial uses such as fisheries and boatbuilding which require immediate access to the water. With the decline of these uses, some of the older buildings and vacant land along the harbourfront have changed into tourist-related business uses such as restaurants or into residential uses. In some portions of the waterfront this has resulted in major change to the appearance and character of the Village particularly where new buildings and additions to existing buildings have occurred. The Planning Strategy recognizes the need for appropriate use of these lands while limiting the range and scale of residential uses, changes to the shape of the land, and obstruction to the unique views across the harbour. The 1992 Planning Strategy and Land Use By-law established limits on the scale of waterfront residential development but included a policy that enabled these limits to be varied through development agreement. In accordance with public input through the Five Year Review process, and the expressed public wish for greater certainty in planning matters, this policy has been removed from this Revised Planning Strategy. To carry out these intentions, Council adopts the following policies: 4.2.1 To designate the intertidal area and seabed within 61 metres (200 feet) seaward of the mean highwater mark as it existed in May of 1981, represented on Maps 4 and 5, Future Land Use Maps, as Water Access Area where use of any new land created by infilling of the Harbour and the use of any structures below the Mean High Water Mark shall be restricted to water access uses such as wharves, slipways and boat storage buildings and to establish in the Land Use By-law a corresponding Water Access Zone which will apply to any new land created by infilling of the Harbour, including structures placed beyond the mean highwater mark such as wharves, piers, quays and breakwaters. Since this is an area of overlapping Federal and Provincial jurisdiction, the permissions of these superior levels of government will have to be demonstrated before any Municipal Development Permit is issued in the Water Access Zone. 4.2.2 Where the boundary of the Water Access Area is coincidental with a Residential or Commercial Area boundary, amendments to the Land Use By-law shall not be permitted for the purpose of expanding the abutting Residential or Commercial Area, Policies 6.0.7 and 6.0.9 notwithstanding. 4.2.3 Where the Water Access Area abuts the Waterfront Residential Area established by Policy 4.2.5, to restrict infilling of the harbour above the level of Mean High Water in a manner consistent with the provisions for the Waterfront Residential Area, in accordance with Policy 4.2.12. 4.2.4 Where the Water Access Area abuts the Waterfront Residential Area established by Policy 4.2.5, to prohibit the construction of boathouses, and also to restrict the construction of wharves in a manner consistent with the provisions for the Waterfront Residential Area in accordance with Policy 4.2.10, in order to maintain the Chester Village Area Secondary Planning Strategy . . .32 character of the those areas as expressed by the low density of development and the vistas of the harbour and ocean horizon which are available between the structures. 4.2.4A in accordance with Policy 3.8.5, where the Water Access Area includes the estuary of any watercourse shown on Map 8 of this Planning Strategy, to restrict development within 8 metres (26 feet) of the watercourse as it shows at extreme low tides. 4.2.5 To designate land along the waterfront which is not in industrial or park use, but which fronts directly on a public street or public right-of-way, as Waterfront Residential Areas, as shown on Map 5, Future Land Use Map, and to establish in the Land Use By-law a corresponding Waterfront Residential Zone where new land use activities shall be limited to single unit dwellings and uses related directly to water access. The intention of this zone and the development restrictions in this zone is to maintain the character of those areas as expressed by the low density of development and the vistas of the harbour and ocean horizon which are available between the structures. 4.2.6 Within the Waterfront Residential Area to include the existing institutional and commercial developments in the list of permitted uses in the Land Use By-law, and to allow commercial and institutional use of these properties to continue. New commercial uses shall be limited to marine and tourist-related retail activities. 4.2.7 Within the Waterfront Residential Area, as shown on Map 5, Future Land Use Map, to strictly limit the density of development by establishing minimum requirements for the widths of the yards surrounding a building and by limiting the total width of all buildings on any lot. The allowable width shall be expressed in the Land Use By-law as a percentage of the lot frontage, and shall not exceed twenty percent. 4.2.8 Within the Waterfront Residential Area, as shown on Map 5, Future Land Use Map, to strictly control the alteration of land levels by filling in of land, in order to limit the scale and extent of development in these areas. 4.2.9 Within the Waterfront Residential Area, as shown on Map 5, Future Land Use Map, to limit the height of fences and walls so as to preserve the open character of the area and to preserve the unique vistas across the water from the adjacent public streets and rights-of-way. 4.2.9A Within the Waterfront Residential Area, as shown on Map 5, Future Land Use Map, to limit the height of structures so as to preserve the open character of the area and to preserve the unique vistas across the water from the adjacent public streets and rights-of-way. In considering applications for variance from these requirements, excavation to provide new foundations is to be favoured, instead of raising the existing roof line. 4.2.10 Within the Waterfront Residential Area, as shown on Map 5, Future Land Use Map, to restrict the erection of structures within 15 metres (fifty feet) of the Mean High Water Line, so as to limit the scale and extent of development and alteration of areas which are subject to flooding and storm damage as well as being essential to the preservation of the open character of the area. 4.2.11 Within the Waterfront Residential Area as shown on Map 5, Future Land Use Map,to permit the construction of boathouses, slipways, wharves, and similar water access structures. 4.2.12 Within the Waterfront Residential Area as shown on Map 5, Future Land Use Map, and within abutting portions of the Water Access area identified in Policy 4.2.3, that the construction of wharves larger than the maximum permitted by the Land Use By-law and associated structures as well as the alteration of land levels by the filling in of land to an extent greater than that specified in the Land Use By-law, may be allowed by development agreement only, subject to the Municipal Government Act, subject to Policy 6.0.7 of this Strategy and subject to the following criteria: a)The filling in of land shall be limited to: i)the internal ballasting of cribwork and piers essential to wharf construction; and Chester Village Area Secondary Planning Strategy . . .33 ii)controlling the existing rate of active and demonstrable shoreline erosion in which case the filling may include a seawall; and iii)the stabilizing of an existing structure b)Council is satisfied that the height and width of the proposed wharf, seawall or filled area is appropriate to the proposed use; c)the proposed use shall be a use permitted in the Zone; d)Council is satisfied that the proposed use will not negatively affect the character,living environment and stability of the surrounding neighbourhood; e)Council is satisfied that the proposed wharf, seawall or filled area will not negatively affect the stability of the neighbouring shoreline, as determined by a qualified person; f)Council is satisfied that any structures erected on wharves, seawalls or filled areas will be limited to uses otherwise permitted in the zone and that any new structures will not significantly alter the existing character, the living environment and the stability of the surrounding neighbourhood, and that steps are taken through good landscaping and careful orientation of structures to integrate any development into the surrounding area. Chester Village Area Secondary Planning Strategy . . .34 4.3 COMMERCIAL DEVELOPMENTS A broad range of commercial enterprises within the Planning Area serve residents of the village and people from near and distant parts of Chester Municipality. Retail and service commercial uses are concentrated in the Queen / Pleasant / Duke Street area in the village centre and on Valley Road,while a mix of retail business and service commercial uses are present along Trunk #3. There is also an outlying, single use commercial site (the Captain’s House Country Inn) located at the intersection of South and Central Streets (33 Central Street). Village Centre & Valley Road In the Village Centre and Valley Road commercial areas, businesses are mixed with residences, and frequently both a commercial use and a residential use occupy the same building. This form of mixed use development has been a part of the Village character since it was settled in the mid 1700's. Those parts of the Village Centre and Valley Road with a high ratio of commercial to residential use will be designated as commercial areas to allow growth in the business sector, but it is expected that within these areas, residential and commercial uses will continue to co-exist in the tradition of the community. It can also be expected that conversions from residential to commercial use and vice versa will be common as will the use of buildings for both purposes. The range of uses permitted in the Village Centre and on Valley Road will be limited in nature, in light of the mixed use character of the area, in order to reduce conflicts between the two land use types. The Village Centre and Valley Road commercial areas, in the main, are populated by restaurants, cafés, gift shops, small service shops, convenience stores, and professional offices. For many years, the Chester Pharmacy has been the anchor business for the Village Centre commercial area. In 2002, however, the pharmacy moved out to Highway 3, opening the opportunity for re-definition of the retail and service mix in the downtown area. Under the previous planning strategies of 1983 and 1992, certain residential districts on the periphery of the Village Centre and Valley Road commercial areas were designated as Central Commercial Development Agreement Areas, within which commercial development proposals could be considered by development agreement. Due to controversies surrounding several development agreement proposals in the 1990s, however, and due to the community wish for greater protection of residential property values through exclusionary zoning, this designation and its associated policies have been discontinued in this Revised Planning Strategy. Under earlier planning strategies, the Captain’s House commercial area included the former “Sheet Anchor House”property across Central Street (38 Central Street). Since the Sheet Anchor House reverted to residential use in the 1990s, it will not be included in the commercial designation under this Revised Planning Strategy. Highway 3 Trunk #3, formerly the main route on the South Shore between Halifax and Yarmouth, passes through the Planning Area and is characterized by a series of linear, low density, residential neighbourhoods interspersed with clusters of highway-oriented business use. The Planning Strategy recognizes the presence of both commercial and residential uses on Trunk #3 and contains measures to ensure that these uses will continue to co-exist without conflict. The Highway 3 Streetscape Study referred to in Policy 2.2.6 recognizes three commercial clusters along Highway 3, surrounded and interspersed with residential nodes. It recommends that this pattern of development should be preserved. The first commercial cluster stretches from east of Pig Loop Road westerly to the Victoria Street intersection. The study recognizes this as the commercial cluster most closely related to the residential core of the village. It recommends the commercial growth and the street design in this area should be treated as an integral part of the Village, with continuous sidewalks and commercial development that is friendly to pedestrians. Chester Village Area Secondary Planning Strategy . . .35 The Highway 3 Streetscape report recognized two different commercial clusters, a Village commercial cluster and a rural commercial cluster. Within the Chester Village Boundary the keeping of shipping containers is not seen as an appropriate use due to the proximity to the Inner Architectural Control Area. The second commercial cluster extends from the Windjammer Motel area north to Collicut Building Supplies. The study recommends this should be developed as a more rural cluster, with widened highway shoulders to accommodate pedestrian traffic. The third commercial cluster centres on the Robinsons Corner intersection of Trunk 14 and Highway 3. Most of this cluster is outside of the Chester Village Planning Area. Within these commercial clusters, the study recommends a suite of design guidelines to make sure that development reinforces the tradition of architectural and landscape excellence of Chester. Under the previous planning strategies of 1983 and 1992, much of the established residential area abutting Highway 3 was designated as an area within which commercial development proposals could be considered by development agreement. As with the comparable development agreement areas in the Village Centre, however, this designation has been discontinued in this Revised Planning Strategy due to controversies surrounding several development agreement proposals in the 1990s, and due to the community wish for greater protection of residential property through exclusionary zoning.This approach is reinforced by the public commentary received during the Highway 3 Streetscape Study, which recommends that these residential areas be kept residential. To ensure that the development along the Highway 3 corridor supports the community vision, the Highway 3 Streetscape Study recommends comprehensive design guidelines which specify site development standards, landscaping standards, and architectural standards. In addition to these general guidelines for all development in the Highway 3 corridor, the study includes standards for development of larger projects like the Chester Shore Mall. The recommendations of the study were examined at length by the Chester Village Area Planning Advisory Committee and by Council during 2011. Minor adjustments were made and the results have been incorporated both into this Planning Strategy and into the Land Use By-law. In addition to the above mentioned commercial areas, there are two long-established commercial uses located in residential areas, where the intention of Council and local residents is to preserve and enhance the predominantly residential character of these areas. These include the old carriage shops and stores at the intersection of Main and Prince Streets (86 Main and 156 Prince Streets),and the former Rhymes (now Hiltz) autobody repair shop adjacent to 68 Haddon Hill Road. Instead of allowing the non-conforming use provisions of the Municipal Government Act to restrict the continued use and development of these sites, these areas have been designated as Special Commercial areas, with ranges of commercial use specifically adapted to the historical land uses of each site. While the Highway 3 corridor is governed by strict planning and architectural controls, Council recognizes that there is some distinction in character between the village commercial cluster and the more rural commercial cluster, as identified by the Highway 3 Streetscape Plan. Council recognizes that the more rural commercial clusters require a more permissive policy approach. Specifically, Council wishes to allow businesses the ability to use shipping containers for storage, in some areas of the Highway Commercial Zone. This can allow for business expansion at a reasonable cost, which is good for economic development. In order to control the appearance of the Highway 3 Area, the Land Use By-law shall identify standards for shipping containers being used for storage. As identified through many forms, architectural and site design controls that encourage traditional community design are especially important in the Village of Chester. For that reason, shipping containers Chester Village Area Secondary Planning Strategy . . .36 shall not be allowed within the Village of Chester boundary. These intentions are expressed by Council in the following policies: 4.3.1 To designate lands in the Valley Road area, and the business district in the Queen-Pleasant-Duke Street areas, as shown on Map 5, Future Land Use Map, as Central Commercial Areas, wherein a limited range of business uses is permitted and to establish in the Land Use By-law a corresponding Central Commercial Zone. 4.3.2 To designate portions of Trunk #3, including existing commercial and industrial sites, as shown on Map 5, Future Land Use Map, as Highway Commercial Areas where a broad range of business uses are permitted, and to establish in the Land Use By-law a corresponding Highway Commercial Zone to carry out this intention. 4.3.3 To designate the portion of the Highway Commercial Area abutting the Shoreham Village Senior Citizens property as a special buffering area to provide a degree of separation between commercial use and institutional residential use through special requirements in the Land Use By-law. 4.3.4 To encourage the development of sidewalks on North Street, and in particular in the Highway Commercial Area located between Pig Loop Road and the Duke Street and to co-operate with agencies and groups such as the Nova Scotia Department of Transportation and Public Works (DOTPW), the Village of Chester Tourism Development Association (VOCTDA), the Village Commission, and property owners in the realization of this goal. 4.3.5 To designate existing commercial uses that are isolated in residential neighbourhoods as Special Commercial Areas, as shown on Map 5, Future Land Use Map and to establish in the Land Use By-law various Special Commercial Zones in which the range of permitted uses is strictly limited in order to reduce the potential for Land Use conflicts. 4.3.6 Because of their high potential for creating land use conflicts with adjacent residential land uses, to restrict Beverage Rooms and Lounges to a maximum floor area of 111 sq. metres (1,200 sq. ft.) of patron seating space. 4.3.6A Consider only by development agreement in areas designated Highway Commercial, adult entertainment, as defined in the Land Use By-law, in accordance with Policies 6.0.7 and 6.0.8 and in accordance with the following provisions: (a)the proposed use is not located within 200 metres of any dwelling unit; (b)parking is provided on the same lot as the use at the rate of one space for every occupant permitted under the Fire Code; (c)the proposed use shall not be open before 6:00 in the afternoon, after 12:00 midnight, on Sundays or on statutory holidays. (d)regardless of the license issued by the Liquor License Board or its successors, the proposed use shall conform to the provisions of Policy 4.3.6. 4.3.7 To designate the area shown as Highway 3 Development Area on Map 7, Future Land Use Map,Design Control Areas as an area within which all developments other than single unit dwellings and two unit dwellings shall be approved only in accordance with a site plan which conforms to the design guidelines set out in the Land Use By-law. 4.3.8 Council shall create the Rural Commercial Overlay area which shall encompass all Highway Commercial (HC) zoned land that lays outside the Village of Chester Boundary but is within the Village Area Planning Boundary. The Rural Commercial Overlay area shall be shown on Map A-3 of the Land Use By-law: Rural Commercial Overlay Area. 4.3.9 The Land Use By-law shall include provisions to allow shipping containers, for storage by non-residential Chester Village Area Secondary Planning Strategy . . .37 uses, within the Rural Commercial Overlay Area. 4.3.10 Shipping containers shall not be permitted within the Village of Chester boundary,and within the Chester Village Planning Area, shall only be permitted within the Rural Commercial Overlay which shall be shown on the Chester Village Planning Area Land Use By-law Map A-3: Rural Commercial Overlay Area. 4.3.11 The Land Use By-law shall contain standards for shipping containers, including: a limit of 1 shipping container per property; establishing setbacks; and creating screening standards. Chester Village Area Secondary Planning Strategy . . .38 4.4 INDUSTRIAL DEVELOPMENTS There are three long-established industrial sites within the Planning Area, each with their own character and issues of change and future planning. Marine Industrial Area Located on a portion of the Back Harbour shoreline at the foot of Tremont Street, this area is the home of the Stevens and Heisler Boatyards, which each have long roots in the boat building history of the community, but which today are focussed mainly on boat storage and repair. This area has been designated and zoned exclusively for Marine Industrial use since 1976 when the first Municipal Development Plan came into effect. The area so designated has included the low-lying waterfront area which is owned by various property owners who are actively engaged in the marine service business and which lies below the private access road to the yards, as well as portions of several residential properties that extend uphill, above the access road into the adjacent residential area, and which have never been in active marine industrial use. The boundaries of the designated area were struck in 1976 before there was any accurate property mapping and have remained unchanged since then. In the 1990s, Council received some requests from property owners to re-designate the Marine Industrial area for residential use -with requests emanating both from owners engaged in the marine service trade who see that business as increasingly difficult to sustain economically, and from residential property owners who wish either to capitalize upon the waterfront location or develop small residential accessory structures on their properties. These requests were denied by Council due to the concern that this long-established marine service area should remain reserved for this type of use. However, under this revised Planning Strategy, and with benefit of accurate property mapping that became available in the 1990s to clarify the exact relationship between property boundaries and long-established zone boundaries, it is now recognized that the Marine Industrial area is best defined as that which lies between the boatyard access road and the shore, and that the portions of the residential properties located above the access road should be included in the adjacent residential designation. Accordingly, under this Revised Planning Strategy, the boundaries of the Marine Industrial designation are retracted slightly to conform with those properties that front directly on the water. At the same time, given the significance of boat building to the history of Chester and the remote possibility that there might be a renaissance of this activity in the future, Council will remain open to the possibility of expansion of the Marine Industrial Area by re-zoning subject to consideration of the impact of such re-zoning on surrounding residential properties. Highway 3 Light Industrial Area Situated on Highway 3, west of the village centre, this area includes properties presently occupied by Chester Plastics Ltd. (manufacturing plastics products),TraMar Products Ltd. and Float Construction Ltd., (both manufacturing marine equipment). Under the 1992 Planning Strategy, this area was included in the Highway Commercial designation. Planning policy for industrial use was based on the fact that the Municipality was actively encouraging industrial development in its new Industrial Park on the Windsor Road outside the Chester Village Planning Area, and discouraging it within the Planning Area. Existing industrial uses within the Highway 3 area were permitted to continue and undergo limited expansion by right, but any substantial expansion and any new, large scale industrial operations were to be carefully controlled by development agreement in order to minimiz e conflict with neighbouring residential and commercial development. The only new industrial uses permitted by right were small industrial workshops with six or less employees. The vision underlying this policy was that the Highway 3 area would, in the long term,become commercial rather than industrial. Although the Municipality’s industrial development strategy has now changed, with the Windsor Road Industrial Park having not lived up to expectations and the property having been sold in 2001 to private interests, the 1992 policy framework for industrial development in this Highway 3 area still remains valid. Chester Village Area Secondary Planning Strategy . . .39 With many residential and other commercial properties nearby, it is logical to limit industrial development to small industrial workshops that do not seriously impact upon surrounding uses. Also, with the highway commercial area east of the village (between the Duke Street and Pig Loop Road) having limited room for commercial expansion, the highway commercial area west of the village should be designated in a way that favours conversion from its present light industrial use into more intensive commercial use. The 1992 policy framework strikes a reasonable balance between these competing residential, commercial and industrial development interests and will be continued in this Revised Planning Strategy. Former Hawboldt Industries Site Located at the intersection of Highway 3 and Victoria Street, this site was home to Hawboldt Industries from 1908 to 1999, when the business moved to a new location outside the village. The buildings were demolished in late 2001 and the site is presently vacant. Under the 1992 Planning Strategy, the site was included in the Highway Commercial designation and was subject to the same policy structure as the Highway 3 Light Industrial Area described above. That policy allowed the Hawboldt property to be used for commercial development small scale industrial development, or Low Density Residential development by right, and to be used for larger scale industrial development by development agreement. As active industrial use has now ceased, Council has the opportunity to reconsider the appropriateness of continued industrial use in the context of surrounding residential and commercial uses. Council now considers that the most appropriate use for the Hawboldt site is commercial rather than industrial. However, Council also considers that it is reasonable to allow for a period of time within which industrial use similar to that which previously existed might be re- established, but that, if such industrial use is not re-established within that time, then the only permitted use would be highway commercial.The Highway 3 Streetscape Study in 2011 recognized the continued value of these properties within the commercial vision for this part of Highway 3. The expired policies for industrial development were deleted in 2012. These considerations are expressed by Council in the following policies: 4.4.1 To recognize the marine oriented industrial and marine service areas located on the Back Harbour by designating these areas as Marine Industrial Areas as shown on Map 5, Future Land Use Map, wherein both Marine Industrial uses and existing Residential uses shall be permitted, and to establish a Marine Industrial Zone in the Land Use By-law to carry out this intention. 4.4.2 To consider proposals for expansion of Marine Industrial Areas by amending the Zoning Map of the Land Use By-law to incorporate abutting areas into the Marine Industrial Zone, provided that any resulting conflicts are minimised in accordance with Policies 6.0.7, 6.0.8, and 6.0.9. 4.4.3 To control the growth of existing industries and the development of new industrial use, within the Planning Area, so as to minimize conflict with existing land uses and negative impacts upon the living environment. 4.4.4 To permit small scale industrial and service activities by right in the Highway Commercial Area, as shown on Map 5, Future Land Use Map. 4.4.5 To include the existing industrial business along Trunk #3 in the Highway Commercial Area established by Policy 4.3.2; to list these industries on Schedule "C" in the Land Use By-law; to include them as permitted uses in the Highway Commercial Zone; and to make provisions in the Land Use By-law for these existing industries to expand provided that the expansion does not occupy an area greater than 50% of the floor area existing on the effective date of the Land Use By-law. 4.4.6 Expansion of existing industrial uses, which are identified on Schedule "C" in the Land Use By-law, beyond the limits contained in the Land Use By-law may be permitted in the Highway Commercial Area, as shown on Map 5, Future Land Use Map, by development agreement subject to Policy 4.4.8 and in accordance with Policies 6.0.7, 6.0.8, and 6.0.9. 4.4.7 DELETED Chester Village Area Secondary Planning Strategy . . .40 4.4.8 DELETED 4.4.9 To control the development of industrial uses in the Rural areas established by Policy 4.5.1 in accordance with policies 4.5.2, 4.5.3, and 4.5.4. Chester Village Area Secondary Planning Strategy . . .41 4.5 RURAL DEVELOPMENTS A major portion of the land included in the Planning Area is not part of the identifiable urban core, but has more of the nature of a rural fringe area. This rural area has a strong residential component, but it exists in the context of a mixture of other land uses, including agriculture, forestry, pits and quarries, small commercial enterprises, and large land holdings with little or no development. The Municipal Planning Strategies adopted in 1976 and 1983 divided this area between a largely undeveloped "Rural Resource Zone" and the same Single- Family Residential zone as was applied to the Village Core. Residents of the areas that were zoned residential, particularly in the Commons area, expressed their dissatisfaction with the restrictions of the single-family zoning, and Municipal staff found frequent minor violations of these land use restrictions. During the 1991 review of the Planning Strategy Council developed the intention to apply to these areas land use control which would recognize the traditional mixture of land uses existing in the area, providing for small- scale agricultural, forestry, commercial and industrial uses in conjunction with residential uses. Under the 1992 Planning Strategy, these areas were given a rural designation and a rural zoning classification. A mix of residential and non-residential uses were permitted in the area as-of-right up to a maximum size or threshold that reflected the existing scale and character of development in the communities. Uses permitted as-of-right were required to meet minimum development standards that addressed basic, practical planning issues such as parking and setback of buildings from property lines. Commercial, industrial, residential and institutional developments that exceeded the threshold were permitted by development agreement. Certain uses with the potential to be hazardous or create land use conflicts, such as bulk storage of petroleum products, scrap metal operations, etc., were also permitted only by development agreement, regardless of their scale. Yet another category of hazardous developments, such as smelting and ore refining, tanning, asphalt production, etc., were completely prohibited. During the review of the 1992 Planning Strategy, however, the public,through the Area Advisory Committee, expressed dissatisfaction with the uncertainty inherent in the development agreement process and recommended that planning policy for the Rural area should revert to a more predictable, as-of-right zoning scheme. Accordingly, in the 2004 Revised Planning Strategy, the thresholds established under the 1992 strategy continued to be the limits of as-of-right agricultural, forestry, commercial and industrial developments in the Rural area.Developments which exceeded these limits were subject to site plan approvals. Land use conflicts caused by small commercial development led Council in 2009 to the conclusion that all commercial, industrial and institutional developments should be permitted only under the site plan approval process. Potentially hazardous uses will now be prohibited rather than made possible by development agreement. Residential multi-unit buildings over four dwelling units but no larger than twelve units,which were previously permitted by development agreement, will continue to be permitted by site plan approval, subject to the giving of notice to abutting property owners. Where there are existing or developing residential neighbourhoods within the rural designation and zone, the Revised Planning Strategy, like the 1992 Strategy, also enables these areas to be re-zoned to a residential zoning classification that prohibits or restricts non-residential land use activities. The Highway 3 Streetscape Study referred to in Policy 2.2.6 identified the long-term residential development potential of the eastern end of the Highway 3 corridor, which is now in one ownership and run as a hobby farm. To encourage this long-term vision, a new Rural 2 Zone is introduced for this area which allows the continued farm operation and allows land use to change to residential land uses To carry out these intentions, Council adopts the following policies: 4.5.1 The area of mixed land use surrounding the main village area is designated "Rural" as shown on Maps 4 and 5 Future Land Use Maps and the corresponding area is zoned "Rural" in the Land Use By-law. Within this designation and zone, a broad range of resource, residential, and non-residential uses shall be permitted as of right up to certain size limits. Chester Village Area Secondary Planning Strategy . . .42 4.5.2 DELETED 4.5.3 Certain industrial and commercial uses are deemed to be hazardous or to create land use conflicts. These uses, including smelting and ore refining, the warehousing of explosive and poisonous substances, asphalt production, wood preserving, and other unacceptably incompatible land uses are included in the Land Use By- law in a list of uses which are prohibited within the Rural designation and Rural Zone. 4.5.4 Non-residential uses that are not considered to be commercial or industrial, such as recreation uses and parks are permitted within the Rural designation and Rural Zone established by Policy 4.5.1, subject to the development standards set out in the Land Use By-law. 4.5.5 Land may be re-zoned from Rural to the Low Density Residential Zone without amendment of this Municipal Planning Strategy in accordance with Policies 6.0.7, 6.0.8 and 6.0.9 and the following criteria: a)where the area to be re-zoned is land that is not currently used for residential purposes and is not contiguous with an existing developed residential neighbourhood, no re-zoning shall be granted unless the land is shown on an approved tentative plan of subdivision on which the number and characteristics of the lots indicate that the land is being subdivided for the purpose of residential development; b)where the land to be re-zoned encompasses an existing or developing residential neighbourhood, the characteristics of existing development and land use shall clearly distinguish the area as a stable or developing residential neighbourhood in which the primary land use activity is or will be residential. Where vacant land is to be included within the area to be re-zoned it must be clearly demonstrated that non-residential uses would not be compatible with existing residential development in the area; c)where the land proposed to be re-zoned is vacant land that is not within an established residential neighbourhood, no re-zoning shall be granted where any existing non-residential use or development would be a hazard or nuisance to residential uses in the rezoned area. 4.5.6 In consideration of the impact that multi-unit dwellings can have on communities due to traffic generation and characteristics of buildings related to scale and character, and in consideration of quality of the living environment for residents, the maximum number of dwelling units that will be permitted in a new building within the Rural Zone as of right shall be four (4), and any building may be converted to a maximum of four (4)units as of right. 4.5.7 Within the rural designation and corresponding Rural Zone established by Policy 4.5.1, any form of residential development not permitted by Policy 4.5.1 or Policy 4.5.6 may be permitted subject to site plan approval in accordance with Policy 4.1.8 regulating the “Outer Residential Area”. 4.5.8 The growing of agricultural and forestry products and sale of these products by producers as well as primary processing of products at the farm site or harvest site, are permitted as of right, where they are accessory to the main agricultural or forestry activity. 4.5.9 Where an institutional use is to be developed by the Municipality of the District of Chester, Council may rezone land within the Rural designation to Institutional provided that the development proposal satisfies the conditions and criteria stated in Policies 6.0.7, 6.0.8 and 6.0.9. 4.5.10 Within the Rural Zone, the location of farm animal shelters, and areas used for storage of farm animal manure and bedding shall be setback from property lines so that there will be a minimum separation between these uses and non-farm uses on abutting properties within the Rural Zone. The purpose of these setback requirements is to reduce the potential impact that these uses can have because of inherent characteristics that can be an irritant or nuisance. Chester Village Area Secondary Planning Strategy . . .43 4.5.11 The area designated Rural is also designated as a site plan approval area where Commercial, Industrial or Institutional developments may be permitted subject to site plan approval in accordance with site plan criteria contained in the Land Use By-law, and subject to: i)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; ii)approval by the authority having jurisdiction for access to any public street, adequacy of sight distances,driveway entrances, traffic safety, and any other traffic concerns, including pedestrian safety, 4.5.12 The agricultural area at the east end of the Highway 3 corridor is designated “Rural 2” as shown on Maps 4 and 5 Future Land Use Maps, and the corresponding area is zoned “Rural 2” in the Land Use By-law. Within this designation and zone, land uses will be restricted to the agricultural uses and encouraged to change over time to residential land uses, in accordance with the vision expressed in the Highway 3 Streetscape Study referred to in policy 2.2.6. 4.5.13 The area designated Rural 2 is also designated as a site plan approval area where residential land uses will be permitted subject to site plan approval in accordance with the site plan approval criteria contained in the Land Use By-law. Chester Village Area Secondary Planning Strategy . . .44 4.6 PROTECTED WATERSHED DEVELOPMENTS As discussed above in Section 3.3 of this Planning Strategy, Council has been aware for many years of problems with both the quality and quantity of available groundwater in the Chester Village Area. Various engineering studies have identified Spectacle Lake as the most feasible source of surface water for a central water supply system. To preserve for the future the potential of Spectacle Lake as a water source, this Planning Strategy designates Spectacle Lake and its associated Watershed lands as a protected area within which land uses will be strictly controlled to minimize the possibility of contaminating the lake water. The preliminary engineering studies have also identified the feasibility of diverting the water flow from the upper (northern) watershed of Mill Brook into Spectacle Lake. To ensure an adequate supply of uncontaminated water, the same land use controls extend to this watershed. In considering this potential for a central water supply system, Council has adopted the following policies: 4.6.1 The watershed of Spectacle Lake, as well as the upper watershed of Mill Brook, are designated as a Protected Watershed, as shown on Map 4 and Map 5, Future Land Use Maps, within which land use will be strictly controlled so as to prevent, as far as possible, any deterioration in the quality or quantity of the lake water and to preserve its potential as a source of supply for a central water system. 4.6.2 Within the Protected Watershed identified in Policy 4.6.1 the Land Use By-law establishes a Protected Watershed zone where residential uses are restricted; where commercial, and industrial uses are prohibited; where forestry, agricultural (other than intensive livestock raising) and similar rural land uses will be permitted; where subdivision on private roads and rights-of-way will not be permitted; where it is Council’s policy to restrict the construction of new public roads and where developers will be required both to prepare detailed plans for construction to show measures for protecting the quality of the lakewater and to carry insurance to cover the costs of environmental restoration in the event of contamination of the watercourse. 4.6.3 To monitor water quality and water quantity problems in the Chester Village Area and continue to explore ways to provide a central water supply system for the Chester Village Area. Chester Village Area Secondary Planning Strategy . . .45 4.7 SIGNS & OUTDOOR DISPLAY AND STORAGE The public display of advertising, particularly in the form of advertising signs, has potential for creating public nuisances and hazards. It is also a subject of frequent debate because it raises concerns about appearance, maintenance standards and compatibility with adjacent architecture and neighbourhood character. During the review preceding the adoption of this Revised Planning Strategy, the issue of enforcement of sign regulations became a matter of public debate, particularly with regard to off-premises advertising signs. The previous (1992) Planning Strategy prohibited off-premises advertising except alongside Highway 3 in the Rural Zone at the edges of the Planning Area. A number of business operators ignored this regulation and erected off-premises signs in other zones in violation of the Land Use By-law. This resulted in an effort by the Village of Chester Tourism Development Association (VOCTDA) to co-ordinate the preparation of a uniform directional and commercial advertising program, designed to provide business operators with effective off-premises advertising while respecting community aesthetic standards. This program was adopted by consensus in late 2001 and was intended to be implemented in 2002. Also in 2002, the Nova Scotia Department of Transportation and Public Works (DOTPW) abandoned an attempt to adopt stricter signage regulations along provincial highways. This Planning Strategy prohibits those forms of advertising displays which are most likely to create hazards or nuisances, as well as those which are most objectionable to the community for aesthetic reasons.The Planning Strategy regulates certain forms of advertising displays in order to prevent the creation or worsening of a hazard or nuisance. These policies provide and support the ability for businesses to advertise to the public, without allowing signs to dominate the streetscape either in their size or number. The outdoor display of goods for sale, and the outdoor storage of supplies, equipment and raw materials can be unsightly and can create nuisances or hazards. In order to provide control of the public display of advertising and of goods for sale, as well as outdoor storage areas, Council adopts the following policies: 4.7.1 To prohibit through appropriate provisions in the Land Use By-law signs which create hazards to traffic or pedestrians, which constitute a public nuisance, or which are incompatible with the character of the Chester Village Area. 4.7.2 That the Land Use By-law regulates the type, number, size, location and illumination of signs throughout the Chester Village Area to minimize hazards and nuisances; to control the impact of signs on the landscape, streetscape and skyline; and to ensure that the nature, sizes and locations of signs permitted in the various zones are appropriate and compatible with the character of the areas within those zones. 4.7.3 That the Land Use By-law may limit the time period during which any class or classes of signs which do not conform to the By-law requirements may continue to be displayed. 4.7.4 To regulate or prohibit display and outdoor storage in the planning area through provisions in the Land Use By-law that regulate the amount, type, and location of display and open storage on a lot. Chester Village Area Secondary Planning Strategy . . .46 4.8 LANDSCAPING, FENCING AND LIGHTING Establishment of turf, grading, planting of vegetation, installation of surfacing materials or walkways and driveways, and erection of structures such as fences and walls constitute the basic elements of landscaping. Sensitive landscaping can reduce any negative aspect of new development upon abutting properties and can generally improve the living environment. Well established turf and ground covers such as shrubs will prevent serious erosion and control dust. Hedges can be effective in screening unattractive elements such as storage and parking areas, and pavement or gravel will control dust when applied to driveways and parking lots. Landscaping is particularly important when site conditions require major alterations to the topography to accommodate development. The Planning Strategy will provide for landscaping in any developments which are subject to development agreement or to site plan approval, whereby the details of various landscaping elements can be negotiated. In considering development agreements or site plan approvals, fences will be required for screening unattractive or objectionable features of any development, such as open storage areas, and to reduce any negative impact upon properties adjacent to the development. However, fences can themselves have negative impacts, and the Land Use By-law controls the height and location of fences as well as the use of electrified fences, barbed wire and other hazardous materials. Outdoor lighting, although necessary for safety and security reasons, can create a nuisance if it is excessive or improperly directed. Where lighting is proposed in any development, consideration will be given to its proper installation, to avoid interference with abutting properties. These concerns give rise to the following policies: 4.8.1 In any development that is subject to a development agreement, Land Use By-law amendment,or site plan approval, to require landscaping in order to enhance or preserve the character of the area, to provide screening or buffers, or to reduce conflicts with surrounding land uses. 4.8.2 To regulate the height and location of fences by appropriate provisions in the Land Use By-law, and in considering any development agreement, Land Use By-law amendment or site plan approval, to require fences for screening of storage areas that contain unsightly materials, for the enhancement and preservation of the character of the area, and for reducing conflicts with the surrounding land uses. 4.8.3 In considering any development agreement, Land Use By-law amendment or site plan approval consideration shall be given to: a)controlling outdoor lighting in order to minimize any nuisances or hazards such lighting creates on properties in the surrounding area; b)controlling storm water drainage in order to minimise nuisances to adjacent landowners, to protect the quality of water in the natural watercourses, and to recharge the subsurface aquifer. 4.8.4 To require in the Land Use By-law that illumination of any site or any sign must be directed away from adjacent properties. Chester Village Area Secondary Planning Strategy . . .47 4.9 GENERAL Parking areas are required to accommodate the motor vehicles associated with most land use activities. On- street parking is not adequate to accommodate any substantial numbers of cars, and on-street parking can also contribute to traffic congestion as well as snow removal problems. Council requires the developers of new land uses to provide adequate off-street parking. Although the National Building Code and the Provincial Fire Code incorporate requirements for separation between buildings or between a building and a lot line for reducing the spread of fire, the Land Use By-law also contains standards in each zone for those separations. These standards address the concern of Council for emergency vehicle access, safety, health, privacy and nuisances. In recognition of these concerns,Council has adopted the following policies: 4.9.1 That use-specific parking standards are established in the Land Use By-law, and where developments are permitted by development agreement or site plan approvals, the agreement shall make provision for adeq uate parking to serve the development proposal. 4.9.2 That due to the density of development in the central Commercial area, the use-specific parking standards established by Policy 4.9.1 are waived for the first 92 sq. metres (1,000 square feet) of floor area within existing buildings in the Central Commercial Zone except for residential uses, guest houses, hotels, and inns. 4.9.2 A That in recognition of the general lack of useable space and high percentage of lot coverage common to the Central Commercial Zone, off-site parking shall be permitted as an alternative to on-site parking only within this zone. 4.9.3 That the Land Use By-law establishes maximum height limitations and minimum yard requirements in each zone so as to provide for separation between adjacent buildings as well as between buildings and lot lines, for adequate fire separation, emergency vehicle access,off-street parking, maintenance of buildings and land, private outdoor space, solar exposure, air circulation, separation of land uses to reduce land use conflicts, and preservation of the character of the various neighbourhoods within the planning area. 4.9.4 That temporary uses associated with a construction site, a special occasion, or a holiday are permitted for a time period to be regulated in the Land Use By-law, with no requirement for a development permit. 4.9.5 That the Land Use By-law regulates the size,location and use of accessory structures such as, but not limited to, private storage buildings, throughout the Planning Area. 4.9.6 That existing land uses and associated structures which were in existence on the effective date of the Land Use 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 shall be listed in Schedule "C" of the Land Use By-law, and included as existing land uses in the list of uses permitted in zone in which they are located so that their expansion or their change of use shall be governed by the provisions of the zone in which they are located. 4.9.7 That on-site parking is the standard and preferred approach to parking in relation to new or expanding developments. Off-site parking may be considered when the developer provides information, satisfactory to the Development Officer, that reasonable attempts have been made to provide any required parking on the same lot as the use which it serves. Grounds for allowing off-site parking include but are not limited to: a lack of useable space on the lot, that access/egress to the on-site parking area will create a public hazard or that available space is occupied by steep slopes or mature trees. Chester Village Area Secondary Planning Strategy . . .48 4.9.8 That the Land Use By-law shall outline specific requirements that must be in place before off-site parking may be approved. Residential uses are prohibited from utilizing off-site parking and must meet the parking requirements of the Land Use By-law by providing on-site parking. Chester Village Area Secondary Planning Strategy . . .49 4.10 ARCHITECTURAL CONSERVATION There are a number of areas within the Chester Village Planning Area that make a distinctive contribution to the overall architectural ambience of the community. Notable among these are the old Centr al Village, the Peninsula, the Back Harbour/Walker Road area, Nauss Point, the Chandler’s Cove area, and the old residential part of Highway 3 between the foot of Haddon Hill Road and the modern commercial area near Peterson Lane. Within these areas there are many architecturally and historically significant buildings, dating from the 18th, 19th, and early 20th centuries. Council recognizes the importance of these buildings to the community's identity and to its continuing prosperity as a distinctive residential area and tourism destination. In the early 1980s Council undertook a heritage inventory that identified some of the more significant heritage buildings in the Chester area. This was supplemented over later years with an inventory of heritage buildings elsewhere in the Municipality. In the late 1980s, Council adopted a Heritage Property Bylaw, under the Heritage Property Act, under which heritage structures can be registered and protected from substantial alteration. There are approximately 100 registered heritage properties in the Planning Area, concentrated in the central village area. Council intends to continue registering and protecting historically and architecturally significant properties under the Heritage Property Act in this manner. In 2001, during the Review leading towards the adoption of this Revised Planning Strategy, the public and the Area Advisory Committee called for a wide-ranging approach to architectural conservation to include not only registered heritage properties but also other structures that make unique and significant contributions to the valued, overall architectural ambience of the village. A basic photographic inventory was undertaken in summer 2001. Although a full architectural analysis of the inventory and the variations in architectural character that it documents has not been completed (this is a big job), it is apparent even to the casual observer that the appearance of older structures within the core of the community contributes significantly to its overall architectural attractiveness. Council intends to carry out a full analysis of architectural character as funds become available, and to use that analysis to develop finely tuned architectural controls on an area-by-area basis. As part of this analysis, Council intends to document the history and approximate date of construction of the architecturally significant structures in Planning Area. In the interim, Council intends to adopt very basic controls on building size, lot coverage, and overall massing of buildings. Council views the maintenance of architectural character as a primary objective of the Planning Strategy. To implement the basic controls mentioned above as well as to facilitate the development of more detailed architectural controls arising from the analyses mentioned above, an "architectural control area" designation will be overlaid on the land use designations in the central part of the Village. Policies for this designation will address matters of architectural appearance rather than use of land. The underlying land use designations will continue to allow for a range of uses, as they have in the past. The architecture of the buildings and their arrangement on the site are seen as primary factors determining the character of the Highway 3 Streetscape corridor as identified in the Highway 3 Streetscape Study referred to in Policy 2.2.6. The highway is the main entrance or gateway into the community from both the east and west and it is important for new buildings to have a basic compatibility with traditional Chester architecture in order to preserve the visual continuity of the community.Other than single unit dwellings, all new structures within the Highway 3 corridor will be subject to architectural and site design guidelines p ut into effect through the site plan approval and development permit process. Council’s policies for architectural control are as follows: 4.10.1 To encourage the preservation of Chester’s architectural heritage through cooperation with heritage -related community organizations such as the Chester Municipal Heritage Society. Chester Village Area Secondary Planning Strategy . . .50 4.10.2 To regard the Heritage Property By-law as the principal means of control of substantial alteration to Registered Municipal Heritage Properties. 4.10.3 To designate the areas shown as “Inner Architectural Control Area”and “Highway 3 Development Area”on Map 7, Future Land Use Map,Design Control Areas as the areas within which design controls will apply as described in the Land Use by-law. 4.10.4 To incorporate special provisions in the Land Use By-law to apply within the Inner Architectural Control Area to control building form and the appearance of accessory structures. The percentage of the lot area that may be built upon will be controlled in the residential core of the Inner Architectural Area, within the area designated Central Village Residential under Policy 4.1.3, and will be based on the common re-arrangements of the original lot sizes in the original layout of the village core. 4.10.5A Within the Highway 3 Development Area, to require all new construction other than single and two unit dwellings to follow design guidelines with respect to architectural character and site design through the site plan approval and development permit processes. 4.10.5B Within the Highway 3 Development Area, to require all new construction other than single and two unit dwellings to follow the architectural design guidelines with respect to architectural character through the development permit approval process. 4.10.6 Within the Inner Architectural Control Area,to ensure that when considering development agreements, site plan approvals, variances under Policy 6.0.5, and Zoning Map amendments to accommodate specific developments, the architectural character of any proposed new building, or addition to or alteration of an existing building will be compatible with the established architectural character of other buildings in the area in terms of relationships of height, bulk, scale, roof shape, materials, relationships of windows and doors and architectural details. 4.10.7 To develop a program of architectural and historical research within the core of Chester Village which will support the development of more detailed architectural controls. 4.10.8 To incorporate special provisions in the Land Use By-law which will provide visual and structural protection for significant public structures such as, but not limited to, the stone bridge on Victoria Street. 4.10.9 When considering site plan approvals or variances involving designated heritage buildings, or other structures of architectural or historical value, to favour proposals which preserve the character, the functionality, and the continued existence of such structures. Chester Village Area Secondary Planning Strategy . . .51 4.11 ALTERATION OF LAND LEVELS There have been a number of developments in recent years where alterations of land levels close to property lines have been matters of concern to affected neighbours. Issues have included drainage alterations and the use to which altered land is put in close proximity to neighbouring properties. The power of Council to restrict alteration of land levels is limited by Sections 214(1)(e) and 220(5)(g) of the Municipal Government Act, which require that restrictions may only apply where land levels are al tered in relation to a development. This means that the alteration of land level in itself cannot be regulated. If no development is proposed then alteration of land levels cannot be restricted. Under the Municipal Government Act, the term “development”,as defined, includes structural development and change in the use of land, but does not include alteration of land levels per se. This means, for example, that if a person re-arranges ground levels during construction in order to fit a new house into the landscape, then the alteration of land level can be regulated. In contrast, if a person simply develops a raised bed as part of the general landscaping treatment on their property, without any direct relation to the structural development on the lot, or to any change of land use that would require a development permit (e.g., a commercial parking area), then the alteration of land levels cannot be regulated. Under the 1992 Planning Strategy, Council chose to regulate alteration of land levels only in the Waterfront Residential and Water Access zones. In these zones, infilling up to one foot above natural grade was permitted by right, and any filling more than this was permitted only by development agreement. These policies are continued in the present Strategy (see Section 4.2). In this Planning Strategy Council has introduced requirements in the Land Use By-law to regulate infilling of watercourses (see Section 3.8). However, given the expressed public concern about alteration of land levels elsewhere, Council will also now introduce requirements in the Land Use By-law to regulate alterations of land levels in relation to other developments throughout the planning area. The intent of this regulation is to minimise negative effects on neighbouring properties, including drainage alteration, intrusion on privacy, access to light and air, as well as to minimise disruptions of the neighbourhood resulting from attempts to radically alter the terrain for private purposes such as the increasing the potential maximum height of a structure as measured from the ground surface. This gives rise to the following policies: 4.11.1 Where not otherwise regulated in accordance with this Planning Strategy, that the Land Use By-law shall restrict alteration of land levels, where the alteration is in connection with a development, within the minimum yards required in any given zone. 4.11.2 To permit variances from the restrictions of Policy 4.11.1 subject to the provisions of Sections 235-237 of the Municipal Government Act provided that any application for a variance is accompanied by plans illustrating existing site conditions and grades (prior to the proposed development) and plans illustrating proposed site conditions and grades (after the proposed development). Chester Village Area Secondary Planning Strategy . . .52 4.12 CONSERVATION AREAS During the process of reviewing and re-writing this Planning Strategy, there was considerable discussion in the press and in community organizations about the need to preserve islands within the expanse of Mahone Bay. Some landowners made arrangements with preservation organizations such as the Nova Scotia Nature Trust to keep all or part of various islands from development. In some cases, direct donations of land were proposed and in other cases conservation easements were under discussion. In order to provide support to the intended preservation of the natural landscapes of the islands, it is the policy of Council to establish an appropriate zone for these conservation lands and to apply this zone to lands which have been dedicated by the owners for conservation purposes. Council recognises that this designation could be applied to lands other than the islands where the landowner recognises the unique and valuable characteristics of a particular piece of land. This gives rise to the following policies: 4.12.1 Lands which have been dedicated by the owners for the conservation of the natural habitat either by conveyance to conservation organizations, by conveyance to government bodies, or by the establishment of conservation easements will be designated as Conservation Areas, as shown on Map 4 and Map 5, Future Land Use Maps, within which land use will be strictly controlled so as to carry out the intention to conserve the natural environment. 4.12.2 Within the Conservation Areas identified in Policy 4.12.1 the Land Use By-law establishes a Conservation Zone within which land uses will be limited to maintenance of the natural environment and related educational programs. Chester Village Area Secondary Planning Strategy . . .53 5.0 SUBDIVISION OF LAND Subdivision of land within the Chester Village Planning Area is governed by the policies for subdivision control contained in Part 5 of the Municipality’s overall Municipal Planning Strategy which came into effect on 17 July, 1997, and by the Municipality’s Subdivision By-law which came into effect on 28 June 2000. These requirements apply throughout the entire Municipality. The basic requirements of the Subdivision By-law, such as the information to be shown on plans or the procedure to follow in approving plans are applicable in the Chester Village Planning Area. However, the standards in Chester Village for lot sizes and for access from a lot to a Public Highway will differ somewhat from the standards imposed by the Subdivision By-law in the other, more rural parts of the Municipality. This is due to the relatively denser pattern of land use in the Village and environs, the presence of a dense street network, the central sewer system, and the pressure on land development which is an integral part of Chester's role as a service centre. For these reasons, Council's policies regarding the subdivision of land within the Planning Area will be slightly different from those applicable in the rest of the Municipality. Chester Village Area Secondary Planning Strategy . . .54 5.1 LOT SIZES It is the policy of Council: 5.1.1 That the Land Use By-law shall specify minimum lot areas required for new lots within the various zones established by the Land Use By-law. 5.1.2 That no zone established by the Land Use By-law shall require a lot frontage less than 6 metres (19.7 feet), and that the Land Use By-law shall provide that such frontage may be measured along a Public Highway, along an ocean shoreline in accordance with Policy 5.2.1, or along a private right-of-way as provided for within this Planning Strategy. 5.1.3 That all new lots created by subdivision under the authority of the Municipal Government Act shall satisfy the requirements for lot area and lot frontage contained in the Land Use By-law and that the Land Use By-law shall specifically provide for exemptions from the general requirements for: a)Lots resulting from a subdivision altering the boundaries of two or more areas of land where no additional lots are created; b)lots created under the variance provisions of Section 279 of the Municipal Government Act; c)lots which have access by means of a right-of-way in accordance with Policy 5.2.2 d)lots resulting from a subdivision in which the only lots created surround main buildings which existed prior to 6 August 1984. 5.1.4 That the Land Use By-law shall enable any lot of land to be used for a purpose permitted in the zone in which it is located, including: a)all lots created prior to the 16 Apri11987 (see Municipal Government Act, section 291); 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 division of land for which subdivision approval is not required. Chester Village Area Secondary Planning Strategy . . .55 5.2 LOT ACCESS Chester Village and the surrounding areas were settled in the mid-eighteenth century. Two hundred years of the use and division of land has resulted in a scattered and diverse pattern of land ownership. Although the central core of the Village retains the grid layout established by survey at the time of settlement, the surrounding area has grown in a less rigidly controlled fashion. As a result, many areas of land which are otherwise suitable for building construction do not have frontage on a Public Street, but, on the other hand, are not large enough to make construction of a new Public Street economically feasible. It is Council's intention to allow the creation and development of new lots in such circumstances through a variety of measures based on the provisions of the Subdivision By-law. There are other larger areas of land, however, which would support the construction of new public streets for residential development. In cases where any subdivision of land will create more than six lots, it is Council’s intention to require that streets be designed and constructed to standards specified in the Subdivision By-law. The Subdivision By- law contains design and construction requirements for both private roads and public roads, and requires the latter to be satisfied if the subdivider wishes the road to become public through conveyance to the Municipality. The Subdivision By-law also contains provisions for the creation of new lots on islands where there is no Public Highway. The by-law also contains provisions for the creation of new lots which do not have Public Highway frontage or any specific form of access, but limits this to one new lot created out of any area of land (as it existed on 1 August, 1987). In these cases, Council wishes to ensure that any such lot has access to a Public Highway by means of a right-of-way of at least 3.6 metres (12 feet) in width. The by-law also contains provisions for the creation of new lots which do not have Public Highway frontage, but do have access to a Public Highway by means of a right-of-way of at least 20 metres (66 feet) in width, where the authority having jurisdiction has approved the intersection of the right-of-way with the Public Highway. The by-law also contains provisions for the creation of new lots with frontage on any road listed in Schedule "B" of the by-law. These Schedule “B”roads were designated under a provision of the Provincial Subdivision Regulations which no longer exists. The Peninsula Road Extension is the only road in the planning area listed under this provision. All of these provisions for lots without Public Highway frontage are not applicable to an area covered by a Secondary Planning Strategy unless the Strategy contains policies which enable the creation and use of such lots. To make use of the provisions of the Subdivision By-law while addressing land use issues specific to the Chester Village Area, Council adopts the following policies: 5.2.1 To enable the division of lands located on islands into lots provided that each resulting lot has frontage on the ocean or a right-of-way at least 6 metres (20 feet) wide to the ocean, and that the Land Use By-law shall enable the use and development of such lots. 5.2.2 To enable the division of land into lots which have less than the minimum frontage requirement for the zone in which they are located, including lots which have no frontage, provided that such lots have access to a Public Street by means of a right-of-way with a minimum width of 3.6 metres (12 feet), and further provided that the Subdivision By-law contains a specific limit on the number of such lots which can be created from any area of land. It shall further be the policy of Council that the Land Use By-law shall enable the use and development of such lots except in the Protected Watershed zone in accordance with Policy 4.6.2. 5.2.3 To enable the division of land into lots which do not have frontage on a Public Street provided that such lots have frontage on a right-of-way which has a minimum width of 20 metres (66 feet) and meets the definition of private road contained in the Subdivision By-law. It shall further be the policy of Council that the Land Chester Village Area Secondary Planning Strategy . . .56 Use By-law shall enable the use and development of such lots in all zones except for the Protected Watershed zone in accordance with Policy 4.6.2. 5.2.4 To require that all plans for construction of a new Public Street within the Protected Watershed Zone be accompanied by: (a)plans prepared by a Professional Engineer showing the measures that will be taken to ensure that all silt, petrochemical products and other water-borne contaminants created or deposited during the construction and subsequent use of the Public Street will be contained within the street limits. (b)A bond or other security acceptable to the Municipality in the amount of 100% of the estimated costs of the street construction, to be retained by the Municipality for two years after completion of construction and acceptance of the street by the Municipality, to guarantee the operation and maintenance of the measures referred to in clause (1) above. 5.2.5 To enable the division of land into lots which do not have frontage on a Public Street provided that such lots have frontage on any private right-of-way which is indexed on Schedule "B" of the Subdivision By-law and also identified in a schedule included as part of the Land Use By-law. It shall further be the policy of Council that the Land Use By-law shall enable the use and development of such lots with frontage on a private right- of-way which is both indexed on Schedule "B" of the Provincial Subdivision Regulations and identified on Schedule "B" of the Land Use By-law. Since the Schedule “B”provisions have been removed from the Provincial Subdivision Regulations, it shall further be the policy of Council not to add any roads to Schedule “B”of the Land Use By-law. Chester Village Area Secondary Planning Strategy . . .57 6.0 IMPLEMENTATION AND ADMINISTRATION The Planning Strategy and the Land Use By-law are legal documents which govern land use and development within the Planning Area. The Planning Strategy provides a broad policy framework for the land use and development regulation, both in the present and the future. The Land Use By-law provides more detailed regulations and requirements which are intended to express and carry out the intent of the Planning Strategy. The Municipal Government Act allows Council to amend the Land Use By-law provided that the amendment conforms with the overall policy framework imposed by the Planning Strategy.Amendments to the Planning Strategy are subject to the approval of the Minister of Services Nova Scotia and Municipal Relations. The administration and the implementation of the Planning Strategy and the Land Use By-law are governed chiefly by the provisions of the Municipal Government Act, although other Provincial Statutes and the principles of the common law may also control Council's actions in matters such as the issuing, refusing or revoking of Development Permits. Council's specific policies on the administration of the Planning Strategy and Land Use By-law and on amendments to them, are as follows: 6.0.1 This Planning Strategy is implemented by means of powers conferred upon Council by the Municipal Government Act and such other provincial statues as may be applicable. 6.0.2 That the Land Use By-law is a principal means for implementing the Planning Strategy pursuant to the Municipal Government Act and that all provisions of the Land Use By-law, such as but not limited to the minimum and maximum requirements, are intended to carry out the intent of this Planning Strategy. 6.0.3 In accordance with the Municipal Government Act, that the Development Officer for the area covered by this Planning Strategy, shall be responsible for the administration of the Land Use By-law and the issuing, refusal and revoking of Municipal Development Permits. 6.0.4 That any development permit issued under the Land Use By-law shall specify the development as well as the period for implementation and any conditions pertaining to the issuance of the permit and shall specify that any such permit shall automatically lapse, becoming null and void if the development has not commenced eighteen months after issuance. 6.0.5 In accordance with the provisions of Sections 235 -237 of the Municipal Government Act, the Development Officer may vary the requirements of the Land Use Bylaw for the number of parking spaces and loading spaces, the ground area and height of a structure, the floor area occupied by a home -based business, and the height and area of a sign. For the purposes of considering a variance in accordance with this policy, the intent of the Land Use By-law requirements is to carry out the relevant Policies of this Planning Strategy. 6.0.6 That the Land Use By-law shall specify the criteria for issuing, renewing, amending and revoking a Development Permit. 6.0.7 That when considering amendments to the Land Use By-law, considering appeals on site plan approvals, and in considering development agreements in addition to all other criteria as set out in the various policies of this Planning Strategy, Council shall be satisfied that: a)the proposal conforms to the intent of the Planning Strategy; b)the proposal conforms to the applicable requirements of all Municipal By-laws; except where the application is for a development agreement in which case the Land Use By-law requirements need not be satisfied. Chester Village Area Secondary Planning Strategy . . .58 c)the proposal is not premature or inappropriate due to: i)financial ability of the Municipality to absorb costs related to the development; ii)adequacy of Municipal services; iii)the adequacy of physical site conditions for on-site services; iv)creation or worsening of a pollution problem including soil erosion and siltation; v)adequacy of storm drainage and effects of alteration to drainage pattern including potential for creation of a flooding problem; vi)adequacy and proximity of school, recreation, emergency services, and other community facilities; vii)adequacy of street networks and site access regarding congestion, traffic hazards, pedestrian safety, and emergency access. viii)adequacy of fire vehicle access and fire protection measures on site such as water supply. d)the development site is suitable regarding grades, soils, geological conditions, location of watercourses, flooding, marshes, bogs, swamps, and susceptibility to natural or man-made hazards as determined by a qualified person. e)all other matters of planning concern have been addressed. 6.0.8 Council may consider i)Industrial developments by development agreement, ii)expansion of the Marine Industrial Zone by amendment of the Land Use By-law Zoning Map, iii)amendment of certain development agreements which pre-date this Planning Strategy, and iv)amendment of the Land Use By-law Zoning Map to re-zone land from the Rural Zone or the Rural 2 Zone to the Institutional zone to accommodate development by the Municipality of Chester, as provided for by specific policies elsewhere in this Planning Strategy and in accordance with the Municipal Government Act provided Council is satisfied that: a)the development shall not create undue traffic hazards, traffic congestion, or pedestrian hazards; b)the development shall not generate emissions such as noise, dust, radiation, odours, liquids or light to the air, water, or ground so as to create a nuisance or health hazard or so as to diminish the development potential or value of properties in the vicinity; c)subject to the physical characteristics of the site, the development 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 in order to minimize impact on the abutting uses; d)all structures shall be built of durable, weather-resistant building material and exposed surface shall be stained, painted, or clad with materials that do not require painting or staining, such that the Chester Village Area Secondary Planning Strategy . . .59 appearance complements the natural surroundings and existing built environment in accordance with Policy 4.10.6; e)signs shall satisfy the requirements of the Land Use By-law; f)no approval shall be given until all necessary permits required by Federal, Provincial, and Municipal government agencies have been issued or Council is satisfied that the required permits will be issued; g)no development shall change traffic characteristics such as traffic volume so as to unduly increase the risk of vehicular or pedestrian accidents or have an undue negative effect on properties that are served by the street; h)it shall be clearly demonstrated by the applicant that the development can be serviced with central or on-site sewer and water and that the disposal of sewage or other effluent and the demand on the water source will not have a negative impact on the environment or the quality and quantity of the water resources; i)driveways, parking areas, and any areas used for the open storage of equipment or stock shall be surfaced with stable materials to prevent dust from blowing onto adjacent properties. j)the appearance of proposed structures within the Architectural Control Areas conforms to the requirements of Policy 4.10.6 6.0.9 That where any development requires amendment to the Land Use By-law, no amendment shall be adopted by Council unless the application is for a specific development proposal which conforms to the requirements of the Land Use By-law. Notwithstanding the proposed use, Council shall give consideration to the impact of other permitted uses in the zone. 6.0.10 That Council may enter into development agreements pursuant to the Municipal Government Act on the terms and conditions set forth in the Planning Strategy. 6.0.11 That a development agreement, approved by Council under this Planning Strategy, may contain terms with respect to any or all matters specified in the Municipal Government Act. 6.0.12 that Council may consider amendments to any development agreement which was signed before the effective date of this Planning Strategy and which is not enabled by this Planning Strategy, in accordance with Planning Strategy policies 6.0.7 and 6.0.8 6.0.13 that Council will consider discharging any development agreement when requested by the owner of the affected property or when changes to the Land Use By-law make a development agreement redundant. 6.0.14 That, in accordance with the Municipal Government Act, a Public Participation Program shall be held prior to any proposed amendment to the Planning Strategy as well as in conjunction with the five year review of the Planning Strategy and Land Use By-law, and the purpose of the Public Participation Program shall be to hear the opinions of the public. 6.0.15 In accordance with the Municipal Government Act, that a public hearing shall be held by Council, prior to entering into any development agreement or prior to approval of any amendment to the Land Use By-law or the Subdivision By-law, and no development permit shall be granted until the appeal period has elapsed and any appeals have been disposed of. 6.0.16 In accordance with the Municipal Government Act, that Council will consider amendments to this Planning Strategy where any change in policy is proposed as well as where any proposed amendment to the Land Use Chester Village Area Secondary Planning Strategy . . .60 By-law would contravene Map 5, the Future Land Use Maps, or contravene any policy contained in this Planning Strategy. 6.0.17 That this Planning Strategy and any subsequent amendments shall be reviewed, pursuant to the Municipal Government Act when deemed necessary by the appropriate Minister of the Crown or by Council but not later than ten years from the date of its coming into force and effect.