This is the exact embedded text of the captured official document.
Snapshot 6deb85d60a57 · verified 2026-06-05 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
MODL Municipal-wide Land Use By-law | Page i
Municipality of the District of Lunenburg
Municipal-Wide Land Use By-Law
Pertaining to Coastal Protection Regulations
(MODL By-law 049A)
Approved by Council on: 2024-06-18
Amended on: 2025-07-04
MODL Municipal-wide Land Use By-law | Page ii
(page left blank for printing purposes)
MODL Municipal-wide Land Use By-law | Page iii
Table of Contents
1.
Title and Purpose .................................................................................................................... 1
1.1
Title ............................................................................................................................. 1
1.2
Purpose ....................................................................................................................... 1
1.3
Compliance with Other By-laws and Regulations ....................................................... 1
1.4
Effective Date .............................................................................................................. 1
2.
Definitions ............................................................................................................................... 2
3.
Administration ........................................................................................................................ 6
3.1
Development Officer................................................................................................... 6
3.2
Acting Development Officer ....................................................................................... 6
3.3
Requirement for Development Permits ..................................................................... 6
3.4
No Development Permit Required ............................................................................. 6
3.5
Requirement for Development Permit Application.................................................... 6
3.6
Contents of Development Permit Application ............................................................ 6
3.7
Requirement for Site Plan Approval Application ........................................................ 7
3.8
Contents of Application for Site Plan Approval .......................................................... 7
3.9
Survey of Lands ........................................................................................................... 7
3.10
Signatures ................................................................................................................... 7
3.11
Issuance of Development Permit ................................................................................ 8
3.12
Deviations ................................................................................................................... 8
3.13
Right of Entry .............................................................................................................. 8
3.14
Lapse of Permits .......................................................................................................... 8
3.15
Decision in Writing ...................................................................................................... 8
3.16
Revocation of Development Permit ........................................................................... 8
3.17
Violations .................................................................................................................... 8
3.18
Service of Notice of Amendments or Development Agreement ................................ 9
3.19
Cost of Advertising & Notice for Amendments or Development Agreement ............ 9
3.20
Effective Date .............................................................................................................. 9
3.21
Service of Notice of Site Plan Approval ...................................................................... 9
4.
General Provisions ................................................................................................................ 11
MODL Municipal-wide Land Use By-law | Page iv
4.1
Application ................................................................................................................ 11
4.2
Scope ......................................................................................................................... 11
4.3
Compliance with Other By-Laws and Regulations .................................................... 11
4.4
Non-Conforming Uses ............................................................................................... 11
4.5
Non-Conforming Structures ...................................................................................... 12
4.6
Multiples Uses in a Building ...................................................................................... 12
4.7
Miscellaneous Minor Accessory Structures .............................................................. 12
4.8
Coastal Protection ..................................................................................................... 12
4.9
Coastal Flooding ........................................................................................................ 12
4.10
Coastal Erosion .......................................................................................................... 13
4.11
Sensitive Coastal Ecosystems .................................................................................... 14
4.12
Cluster Developments ............................................................................................... 15
5.
List of Attachments / Schedules ........................................................................................... 16
MODL Municipal-wide Land Use By-law | Page 1
1.
Title and Purpose
1.1
Title
This By-law is titled the Municipality of the District of Lunenburg Municipal-Wide
Land Use By-law.
1.2
Purpose
The purpose of this By-law is to carry out the intent of the Municipality of the District
of Lunenburg Municipal Planning Strategy, under the Municipal Government Act, by
regulating the land use and structures within the Municipality.
1.3
Compliance with Other By-laws and Regulations
This By-law does not exempt any person from complying with the requirements of
other laws or regulations in force within the Municipality of the District of Lunenburg,
or from obtaining any license, permission, permit, authority, or approval required
thereunder. Where any provisions of this By-law conflicts with those of any other
Municipal, Provincial or Federal regulation, by-law or code, the more stringent
requirement will apply.
1.4
Effective Date
This By-law will take effect on the date a notice is published in a newspaper,
circulating in the Municipality, informing the public that the Regional Municipal
Planning Strategy and its implementing Land Use By-law are in effect.
MODL Municipal-wide Land Use By-law | Page 2
2.
Definitions
Annual Erosion Rate means the measurement of the quantity of soil or land that is lost
through the process of erosion over a one-year period.
Boathouse means a permanent or temporary roofed structure, which does not contain toilet
facilities, and which is used for the shelter or storage of boats, watercraft and associated
marine accessories and equipment. No part of a boathouse may be used as a Dwelling Unit,
for the habitation of animals, or for commercial uses. A boathouse does not include a garage.
Building Footprint means the horizontal area, measured from the outside of all exterior walls
and supporting columns of a building. Excluded from this measurement are carports, patios,
decks, balcony areas, porches, projections, as well as ramps and stairways necessary for
access.
Cluster Development means six (6) or more Dwelling Units contained in two or more
Dwellings on a single Lot that is partly or entirely un-serviced by municipal water and sewer ,
including new phases or units in a phased-development condominium with six (6) or more
Dwelling Units overall. A Recreational Vehicle Parking Site is not considered a Cluster
Development.
Coastal Erosion Risk Area means an area along a coastline prone to erosion. These areas are
vulnerable to the gradual loss of land due to natural forces like geological conditions, lack of
vegetation, waves, and tides.
Coastal Flood Risk Area means the temporary inundation of land along coastlines, caused by
the overflow of water that can threaten communities, ecosystems, and infrastructure.
Coastal Wetland means a Wetland dominated by rooted herbaceous plants that drains
directly into coastal waters and has the potential to be at least partially inundated with salt
or brackish water.
Commercial Use means the use of land for the primary purpose of buying, selling or trading
of merchandise or services.
Council means the Council of the Municipality of the District of Lunenburg.
Development means any construction, erection, alteration, placement, replacement,
location, relocation of, or addition to any structure and any change or alteration in the use
made of land or structures.
MODL Municipal-wide Land Use By-law | Page 3
Development Agreement means a legal agreement between Council and a property owner
governing the use of the property owner's land, as enabled by the Municipal Government Act
and Municipal Planning Strategy and registered on title.
Development Permit means the permit issued by the Development Officer certifying that a
proposed development complies with the provisions of the Land Use By-law.
Dune means an unconsolidated sand or gravel deposit found in a beach environment and
recognized by raised topography. Dunes may be vegetated with salt-tolerant vegetation such
as marram grass or may be established with ericaceous vegetation or tree species (e.g.
forested Dune).
Dwelling means a building containing at least one Dwelling Unit for human habitation, which
is capable of being occupied as a home or residence.
Dwelling Unit means one or more habitable room(s) that may be used as a residence by an
independent, separate household, which: has a bathroom for exclusive use of the household;
has a kitchen for the exclusive use of the household; and has a private entrance from outside
the building or from a common hallway or stairway.
Elevation Setbacks means a mandate that structures, or the uses within a structure to be
located at a certain elevation above the projected water levels to mitigate risks associated
with natural events like flooding, storm surges, or other environmental factors.
Floor Area means the total area of all floors of a building, above and below grade, measured
between the exterior faces of the exterior walls of the building or from the centreline of a
wall separating two buildings.
Habitable Floor Space means the interior area within a building that is designed and suitable
for human occupancy. This includes spaces such as living rooms, bedrooms, kitchens, and
other areas where people can reside or carry out daily activities and does not include
unfinished basements or attached garages.
Institutional Use means the use of land, building or structures for religious, educational,
health or charitable purposes.
Lot means any parcel of land as described by its boundaries.
Marine-Related Uses means non habitable activities tied to the marine environment,
including but not limited to industrial, commercial, and recreational pursuits such as boat
building, marinas, fisheries, and fish processing plants.
MODL Municipal-wide Land Use By-law | Page 4
Marine-Related Accessory Uses means activities or structures on land that support or
complement marine activities, such as boat storage, marine equipment, repair facilities, and
boat launching ramps.
Municipal Planning Strategy means the Municipal Planning Strategy of the Municipality of
the District of Lunenburg.
Non-Conforming Use means a non-conforming structure and use as described in Sections
238-241 of the Municipal Government Act.
Non-Habitable Accessory Uses means a separate non habitable structure located on the
same Lot as the main building or principal use, and of a nature customarily and clearly
subordinate and incidental to the main building or main use of land.
Person means an individual, association, firm, partnership, corporation, trust, incorporated
company, organization, trustee or agent, and the heirs, executors or other legal
representatives of a person to whom the context can apply according to law.
Qualified Professional means an individual who has undergone proper educational training
and gained experience and expertise to become certified or recognized as able to practice in
a particular profession in the province of Nova Scotia and, if required by applicable
legislation, is a member in good standing in the professional body representing and/or
regulating the profession in Nova Scotia.
Recreational Vehicle Parking Site means a pad or area of land designated for the parking of a
recreational vehicle.
Site Plan Approval means an approval process that evaluates the layout of site features such
as buildings, parking areas, and landscaping for compliance with the Land Use By-law.
Top of Bank means the location up-slope from the scoured channel of a stream, or shoreline,
where an abrupt change of slope occurs.
Use means the purpose for which any land, building or structure is utilized, and also means
the purpose for which any land, building or structure is designed, arranged, or intended or
the purpose for which any land, building or structure is occupied or maintained or leased.
Vegetated Buffer means a designated strip of land containing a mix of species including
trees, shrubs and grasses, whether naturally occurring or planted during restoration, that
provides filtration of pollutants and sediment, and promotes bank stability as a means to
protect water quality and habitat of all waterbodies and Watercourses and protects property
from flooding and erosion.
MODL Municipal-wide Land Use By-law | Page 5
Watercourse means the bed and shore of every lake, river, stream, ocean, estuaries, or other
body of water.
Wetland means a distinct ecosystem located in low-lying area of land where water is present
either permanently or seasonally, featuring unique hydrology, soils, and vegetation.
MODL Municipal-wide Land Use By-law | Page 6
3.
Administration
3.1
Development Officer
This By-law will be administered by the Development Officer appointed by the
Council of the Municipality of the District of Lunenburg, and the Development Officer
will issue Development Permits under this By-law.
3.2
Acting Development Officer
In the absence or incapacity of the Development Officer, the Acting Development
Officer appointed by Council will act in the Development Officer's stead.
3.3
Requirement for Development Permits
No person may undertake, or cause or permit to be undertaken, any development in
the Designated Coastal Protection Area identified on Schedule A, unless a
Development Permit has been obtained in relation to such development from the
Development Officer or Acting Development Officer, as appointed by Council.
3.4
No Development Permit Required
Despite Section 3.3, a Development Permit is not required for:
3.4.1
A development that involves interior renovations of a building that will not add
more Dwelling Units or will not involve a change in the use of the building.
3.4.2
Minor structures such as retaining walls, children's play structures, hot tubs, cold
frames, garden trellises, clothesline poles, dog houses, propane cylinders, and
heat pumps.
3.5
Requirement for Development Permit Application
Development Permits submitted to the Development Officer must be in the form
prescribed by the Development Officer.
3.5.1
The application for a Development Permit must be signed by the owner of the
Lot, or by their authorized agent.
3.5.2
The application for a Development Permit must set forth in detail the current
and proposed use of the Lot and each building or structure, or part thereof,
together with all information necessary to determine whether the proposed
development conforms to the requirements of this By-law.
3.6
Contents of Development Permit Application
Every application for a Development Permit must be accompanied by a plan drawn to
an appropriate scale and showing:
MODL Municipal-wide Land Use By-law | Page 7
3.6.1
The true shape and dimension of the Lot to be used or upon which the
development is proposed;
3.6.2
The proposed location, height and dimensions of any building or structure for
which the permit is applied and the locational information must include
measurements of the Lot frontage and front, side and rear yards;
3.6.3
The location of every building or structure already constructed, or partly
constructed, on such Lot and the location of every building or structure existing
upon abutting Lots;
3.6.4
The proposed location and dimensions of parking areas, parking spaces, loading
spaces, driveway accesses, and curbs;
3.6.5
The location of existing and proposed landscaping, fencing, and outdoor storage;
3.6.6
The location of any Watercourse and location of any existing or proposed
building or structure in relation to the Watercourse;
3.6.7
The location of existing and proposed public and private roads; and
3.6.8
Other such information as may be necessary to determine whether or not the
proposed development conforms to the requirements of this By-law.
3.7
Requirement for Site Plan Approval Application
Every person wishing to obtain a Site Plan Approval must submit an application for
such Site Plan Approval to the Development Officer in the form prescribed from time
to time by Council.
3.8
Contents of Application for Site Plan Approval
An application for a Site Plan Approval must be accompanied by a plan or sketch,
drawn to an appropriate scale and showing sufficient detail to address any additional
matters as contained in this By-law.
3.9
Survey of Lands
Where the Development Officer is unable to determine whether the proposed
development conforms to this By-law, the Development Officer may require that the
plans submitted under Section 3.6 be based upon an actual survey by a Nova Scotia
Land Surveyor.
3.10 Signatures
The application for a Development Permit must be signed by the owner(s) of the Lot,
or by their authorized agent, and must demonstrate in detail the current and
proposed use of the Lot and each building or structure, or part thereof, together with
MODL Municipal-wide Land Use By-law | Page 8
all information necessary to determine whether or not the proposed development
conforms to the requirements of this By-law.
3.11 Issuance of Development Permit
The Development Officer will not issue a Development Permit unless:
3.11.1 The proposed development is in conformance with this By-law;
3.11.2 A site sketch has been approved by the Development Officer in conformance
with this By-law, pursuant to the Municipal Government Act and the time for
appeal has elapsed or the appeal has been disposed of.
3.12 Deviations
No developer may deviate, or allow deviations to be made, from the description of
the proposed development that is contained in the Development Permit, unless the
developer has obtained a new Development Permit from the Development Officer.
3.13 Right of Entry
The Development Officer, at all reasonable times, may enter into or upon any
property within the area to which this Land Use By-law applies for the purposes of
any inspection necessary in connection with the administration of this By-law,
(pursuant to the Municipal Government Act).
3.14 Lapse of Permits
Every Development Permit issued under this By-law will automatically lapse, and
become null and void, if the development to which it relates has not commenced and
one year has passed since its issuance.
3.15 Decision in Writing
Any decision of the Development Officer to refuse the issuance of a Development
Permit will be given by a written and or electronic notice, whereas any decision to
revoke a Development Permit will be given by written notice served by registered
mail, and such revocation will become effective on the third business day after it was
sent.
3.16 Revocation of Development Permit
The Development Officer may revoke a Development Permit where the Development
Permit was issued based upon false or mistaken information.
3.17 Violations
In the event of any alleged breach of the provisions of this By-law, the Municipality of
Lunenburg may take action as outlined in the Municipal Government Act.
MODL Municipal-wide Land Use By-law | Page 9
3.18 Service of Notice of Amendments or Development Agreement
Where Council has given notice of its intention to adopt an amendment to this By-
law, which is not general in scope but which is in direct response to a specific
development proposal, or has given notice of its intention to enter into a
Development Agreement or to amend a Development Agreement, Council will serve
notice of the proposed amendment, Development Agreement or amendment
thereto, to affected property owners whose property lies within 305 metres of the
property which is the subject of the proposed amendment, Development Agreement
or amendment thereto. The notice will:
3.18.1 Provide a synopsis of the proposed amendment, Development Agreement, or
amendment thereto,
3.18.2 State the date, time, and place set for the public hearing on the amendment,
Development Agreement, or amendment thereto, and
3.18.3 Be served by ordinary and/or electronic mail.
A suitable notice, containing the above-mentioned information, must also be erected
upon the property that is the subject of the proposed amendment or Development
Agreement or amendment thereto.
3.19 Cost of Advertising & Notice for Amendments or Development Agreement
An advertising deposit must be paid to the Municipality as part of any application to
amend this By-law, the Municipality Planning Strategy, or a development agreement.
The deposit will be based on the costs of conducting a public participation program.
After the advertisement is complete, the applicant must pay any additional
advertisement costs; the Clerk will refund any surplus to the applicant.
3.20 Effective Date
Pursuant to the Municipal Government Act, this By-law will take effect on the date a
notice is published in a newspaper, circulating in the Municipality, informing the
public that the Planning Strategy and its implementing Land Use By-law are in effect.
3.21 Service of Notice of Site Plan Approval
Pursuant to the Municipal Government Act, where the Development Officer has
approved a site plan, the Development Officer will serve a notice of the approval
upon affected property owners whose property lies within 30 metres (100 feet) of
the property which is subject of the Site Plan Approval. Such notice will:
3.21.1 Provide a synopsis of the Site Plan Approval;
3.21.2 Identify the property where the Site Plan Approval is granted; and
MODL Municipal-wide Land Use By-law | Page 10
3.21.3 Set out the right to appeal the decision of the Development Officer.
MODL Municipal-wide Land Use By-law | Page 11
4.
General Provisions
4.1
Application
The provisions of Part 4, General Provisions will apply to the entire Municipality
except where otherwise stated.
4.2
Scope
No person may undertake a development, nor will a Development Permit be issued,
unless the proposed development conforms to all of the provisions of this Land Use
By-law.
4.3
Compliance with Other By-Laws and Regulations
4.3.1
This By-law does not exempt any person from complying with the requirements
of other by-laws or regulations in force within the Municipality of Lunenburg or
from obtaining any license, permission, permit, authority, or approval required
thereunder.
4.3.2
Where any provisions of this By-law conflict with those of any other Municipal,
Provincial, or Federal regulation, by-law or code, the more stringent requirement
will apply.
4.4
Non-Conforming Uses
4.4.1
Uses of land that existed on the date of adoption of this By-law and that do not
conform to the requirements of this By-law are considered non-conforming
under section 238 of the Municipal Government Act and may continue to exist
subject to the provisions of the Act (sections 239-241) or applicable policies of
the Municipal Planning Strategy. Non-conforming uses that have been
discontinued for a period less than 12 months will be permitted to be
recommended.
4.4.2
Non-conforming structures for residential uses may be:
(a)
Rebuilt, replaced or repaired if destroyed or damaged by fire or otherwise, if it
is substantially the same as it was before the destruction or damage and it is
occupied by the same use;
(b)
Enlarged, reconstructed, repaired or renovated where:
(i)
The enlargement, reconstruction, repair or renovation does not further
reduce the minimum required yards or separation distance that do not
conform with the Land Use By-law, and
(ii)
All other applicable provisions of the Land use By-law except minimum
frontage and area are satisfied.
MODL Municipal-wide Land Use By-law | Page 12
4.5
Non-Conforming Structures
4.5.1
A structure lawfully in existence on the date of adoption of this By-law that does
not meet the requirements of the zone in which it is located, is considered a non-
conforming structure under section 238 of the Municipal Government Act.
4.5.2
Non-conforming structures must be subject to the following requirements:
(a)
Non-conforming structures may expand provided the expansion to the building
or structure does not further reduce the setback that does not conform to the
requirements.
(b)
Non-conforming structures containing main residential uses may be rebuilt or
replaced in substantially the same location and be occupied by the same use.
4.6
Non-Conforming Cluster Developments
For cluster developments established as bare land or phased land condominiums, all
units registered with the Registrar of Condominiums by December 31, 2026--as
evidenced by registration at the appropriate Land Registration Office under the Land
Registration Act--will be recognized by Council as non-conforming. For non phased
cluster developments, Council will extend the same recognition to those that obtain a
complete building permit application by December 31, 2026. In the case of phased
condominium developments, only the units registered by December 31, 2026, will be
considered non-conforming, regardless of whether the approved Condominium
Declaration anticipates additional phases.
4.7
Multiples Uses in a Building
Where any main building is to be used for more than one purpose and applicable
requirements are in conflict, the more stringent requirement(s) apply.
4.8
Miscellaneous Minor Accessory Structures
4.8.1
An accessory structure may be used only as an accessory use to the main
building or use.
4.9
Coastal Protection
4.9.1
Within the Designated Coastal Protection Area, as indicated in Schedule A, all
developments must submit a development permit application to the
Development Officer that demonstrates adherence to the regulations specified
in subsections 4.10, 4.11 and 4.12, in addition to any other requirements
outlined in the Municipal Land Use By-law.
4.10 Coastal Flooding
MODL Municipal-wide Land Use By-law | Page 13
4.10.1 In all coastal areas on lands within the Coastal Flood Risk Area, as shown in
Schedule C, no building may be constructed with the finished floor level of any
habitable space located below a vertical elevation of 3.97 metres, relative to the
Canadian Geodetic Vertical Datum of 2013.
4.10.2 Institutional uses are explicitly prohibited in the Coastal Flood Risk Area
regardless of elevation.
4.10.3 Despite Subsections 4.10.1 and 4.10.2, existing structures may be reconstructed,
rebuilt, renovated, repaired, moved, or replaced. New additions may expand at
or above the elevation of the current structure, up to 100% of the existing
footprint, as it existed as of the date of the first publication of the notice of
intention to adopt the Land Use By-law, provided that all other applicable
provisions of this Bylaw are met.
4.11 Coastal Erosion
4.11.1 Within the Coastal Erosion Risk Area, all developments are strictly prohibited
within 30 horizontal metres measured from the top of the bank to the main wall
of the building.
(a)
If the top of the bank is not discernible within a 30-metre range of the marine
shoreline, the ordinary high watermark will be used and defined by a Nova
Scotia land surveyor.
4.11.2 Within the Coastal Protection Area, a 15-metre Vegetated Buffer area consisting
of natural vegetation is required to lessen the impact of runoff and erosion and
protect sensitive coastal ecosystems. The following requirements apply to the
buffer:
(a)
No natural vegetation may be removed within 15-metres of the Top of Bank or
the ordinary high watermark.
(b)
Despite Section 4.11.2 natural vegetation may be removed to a maximum of
the lesser of either 25% or 10-metres, of the waterfrontage to enable water
views, access, and the development of marine-related accessory uses.
(c)
In undeveloped areas, it is mandatory to restore a Vegetated Buffer featuring a
blend of woody and grassy vegetation before obtaining a development permit,
unless the natural landscape is inherently unvegetated.
(d)
Despite Section 4.11.2 the removal of dangerous or severely diseased
vegetation is permitted.
(e)
Despite Section 4.11.2, Commercial, Industrial, Recreational, and Scientific uses
that require direct access to the water are exempt from maintaining a
vegetative buffer.
MODL Municipal-wide Land Use By-law | Page 14
4.11.3 Under the provisions of Non-Conforming Structures the following must be met:
(a)
Within the Costal Erosion Risk Area, existing structures may undergo
reconstruction, renovation, repair relocation or replacement.
(b)
New additions to a Building Footprint must be developed furthest from the risk
area, unless a qualified professional under the provisions stated in 4.11.5
determines the addition is not at risk of coastal erosion.
(c)
All other applicable provisions of this Land Use By-law.
4.11.4 Permitted developments within the Coastal Erosion Risk Area include:
(a)
Boat houses, fishing gear sheds, docks, decks, wharves, piers, slipways, and
other marine related uses;
(b)
Scientific research structures;
(c)
The removal of vegetation and grade alterations necessary for erecting erosion
control and flood control measures above the ordinary high-watermark.
Natural vegetation must be reinstated when excess vegetation has been
removed within the vegetative buffer area;
(d)
Removal of windblown, diseased, or dead trees in hazardous conditions;
(e)
Trimming tree branches to improve the view plane and ventilation, and
(f)
Safety fences not exceeding a height of 1.9 metres.
4.11.5 Despite Sections 4.11.1 and 4.11.2, the Development Officer may grant a permit
for building within the Erosion Risk Area. This is contingent upon the completion
of a Coastal Erosion Risk Factor Assessment that shows the proposed
development is not at risk due to coastal erosion. The study must be conducted
in accordance with the methodology outlined by the Nova Scotia Department of
Environment and Climate Change's Development of a Coastal Erosion Risk Factor
Assessment Standard Technical Background and Guidance report. The
assessment, including a site plan carried out at the applicant's expense by a
qualified professional must also demonstrate the following:
(a)
The proposed development maintains a minimum setback of 15 metres from
the top of the bank.
4.12 Sensitive Coastal Ecosystems
4.12.1 All Development is prohibited within 30 metres of Coastal Wetlands, as specified
in Schedule B, the Development Constraints Map.
MODL Municipal-wide Land Use By-law | Page 15
4.12.2 All Development is prohibited within a 30-metre vegetative buffer surrounding
Coastal Wetlands, as specified in Schedule B, the Development Constraints Map.
This buffer must be maintained in a naturalized state.
4.12.3 Despite Sections 4.12.1 and 4.12.2, a property owner may submit a study as
evidence to demonstrate the absence of a Wetland and request the removal of
the Wetland from Schedule B, the Development Constraints Map.
(a)
The Municipality may require confirmation from the Department of
Environment and Climate Change prior to accepting changes to wetland
protection boundaries shown on the Development Constraints Map.
4.12.4 Permitted developments within Coastal Wetlands or the associated vegetative
buffers include:
(a)
Boardwalks or nature interpretation stands;
(b)
Conservation projects;
(c)
Walking or hiking trails; and
(d)
Recreational trails;
4.12.5 Under the provisions of Non-Conforming Structures the following must be met:
(a)
Existing structures may undergo reconstruction, renovation, repair relocation
or replacement.
(b)
New additions to a Building Footprint must be developed furthest from coastal
wetlands.
(c)
All other applicable provisions of this Land Use Bylaw.
4.13 Cluster Developments
No development permit will be issued for any Cluster Development except in accordance
with a development agreement approved under the policies in the Municipal Planning
Strategy, including, but not limited to those in Sections 5 and 6.
MODL Municipal-wide Land Use By-law | Page 16
5.
List of Attachments / Schedules
Schedule A
Designated Coastal Protection Area
Schedule B
Development Constraints Map
Schedule C
Flood Risk Area