Municipal Planning Strategy and Land Use By-law (Minister's Approval version)
Shelburne, Nova Scotia
· adopted 2025-06-25
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44
NOVASCOTIA
Department of Municipal Affairs
October 7, 2025
Warren
MacLeod
Chief Administrative Officer
Municipality
of District
of Shelburne
414 Woodlawn Drive
Shelburne, NS
B0T
1 WO
Dear Warren
MacLeod:
1505 Barrington
St.
PO Box 216
Halifax, NS
B3J 2M4
Novascotia.
ca
File No.: 25-
0532
Log No.: 25-
041
Re:
New ( Repeal and Replace) Municipal
Planning Strategy and Land Use By-
law
Approved by Council of Municipality
of the District
of Shelburne: June 25, 2025
Pursuant
to Section 208(
6)
of the Municipal
Government
Act, the Minister of Municipal
Affairs
has
approved, with amendments, the above - noted documents.
The amendments
made by the Minister
are to bring the Statement
of Provincial
Interest Regarding
Housing
into compliance
with requirements for Small Options
Homes and to allow residential uses in all
zones that permit residential development.
Subsection
208(
8)
requires
that Council cause a notice
to be published
in the local newspaper
or on
the Municipality'
s
website advising
that the documents
are
in effect
on the date of the notice and stating
where
the documents
may be inspected.
Enclosed are two copies of the Planning documents, each with
a copy of the Minister'
s approval
of the
documents, with amendments.
Should you have any questions regarding this file, please feel free to contact either Graham Fisher,
Senior Planner ( graham.
fisher@novascotia.
ca /
902.
424.
2990),
or me.
Sincerely,
Dawn M. Sutherland, MCIP, LPP, MBA
Provincial
Director of Planning
Dawn. Sutherland @novascotia. ca / 902.
424.
2394)
c: Erin Hartley, Deputy Chief Administrative
Officer, Municipality
of the District of Shelburne
Encl.
igf*
kz
MUNICIPALITY
OF THE DISTRICT OF SHELBURNE
MUNICIPAL
PLANNING
STRATEGY
AND LAND USE BY-
LAW:
REPEAL AND REPLACE
APPROVED
BY COUNCIL
OF THE MUNICIPALITY OF THE DISTRICT OF
SHELBURNE: JUNE 25, 2025
The Municipality of the District of Shelburne'
s Municipal Planning Strategy ( MPS) and Land Use
By-
law (LUB), approved by the Council of the District of Shelburne at a meeting held on June
25, 2025, are approved pursuant to Subsection 208(
6)
of the Municipal Government Act, with
the following
amendments:
AMENDMENT # 1
Insert the following in MPS Section 7.
4 Public Consultation
under
Public Consultation after
7.
4.
1:
Policy 7.4.
2 Public Participation
Program
It is the policy of Council to adopt, by March 31, 2026, a Public Participation
Program
that adheres to the following principles:"
AMENDMENT # 2
In the LUB Part 2 DEFINITIONS, 40(
a)
DWELLING UNIT, insert:
A Dwelling Unit includes a small options home." to the definition, after the sentence
means one or more habitable rooms designed, occupied or intended for use by one
or more individuals as an independent and separate housekeeping establishment in
which cooking, sleeping and sanitary facilities are provided for the exclusive
use of such
individual or individuals."
AMENDMENT #
3
Insert the following in LUB Section
17 under Small Options Homes after Section 16. Secondary
Suites:
Small options homes licensed under the Homes for Special Care Act are a permitted
use in all residential dwellings."
Dated at Halifax Regional Municipality, Nova Scotia, this 6th day of October, 2025.
Honourable John A. Lohr
Minister of Municipal
Affairs
She1
MUNICIPAL
PLANNING STRATEGY
MUNICIPALITY OF THE DISTRICT OF SHELBURNE MUNICIPAL PLANNING STRATEGY
Acknowledgements
Brighter Community Planning & Consulting acknowledges
the invaluable
contributions of all those who
supported
the development
of this Municipal
Planning
Strategy for the Municipality
of the District of
Shelbume ( MODS).
We extend our sincere thanks to:
The Municipality of the District of Shelburne Council and Staff for their vision, leadership, and
ongoing commitment to thoughtful and inclusive community planning.
Community
members, residents, and
local
stakeholders
who
participated
in
public
engagements and generously
shared their insights, stories, and priorities.
Partner organizations and regional collaborators whose input
and expertise
informed
key
aspects of the planning process.
This document represents
the collective
voices and aspirations of the Shelbume community. It was made
possible through meaningful
collaboration
and
shared dedication
to building
a resilient, inclusive, and
sustainable future.
All rights reserved © 2025
Prepared with care by Brighter Community
Planning & Consulting.
gnat
ter
community
PLANNING
a CONSULTING
l
n
MUNICIPALITY
OF THE DISTRICT
OF SHELBURNE MUNICIPAL PLANNING STRATEGY
CONTENTS
PART
1 AUTHORITY AND CONTEXT
1
SECTION
1.1 PURPOSE
1
SECTION
1.2 THE PLANNING AREA AND GFLUM
1
SECTION
1,
3BACKGROUND
1
SECTION
1.4 CONSULTATION
1
2
SECTION
1.6 LIMITATIONS
2
SECTION
1.7 STATEMENTS OF PROVINCIAL INTEREST
3
SECTION
1.8 ZONES, ZONING
AND THE ZONING
MAP
3
PART 2 DISTRICT
PROFILE
4
SECTION 2.
1 HISTORY
OF SHELBURNE
4
SECTION 2.
2 POPULATION
AND HOUSING
5
SECTION 2.
3 ECONOMY
10
SECTION 2.
4 ENVIRONMENT
12
SECTION
2.
5 INFRASTRUCTURE
12
SECTION 2.
6 AGRICULTURE
13
PART 3 VISION
AND GOALS
14
SECTION 3.
1 VISION
14
SECTION 3.
2 GOALS
14
SECTION 3.3 INTER -MUNICIPAL CO-
OPERATION
15
Policy 3.3.
1 Intermunicipal Cooperation
15
SECTION 3.
4 ECONOMIC AND COMMUNITY
DEVELOPMENT
16
Policy 3.4.
1 Food Security
16
Policy 3.4.
2 Partnerships
16
Policy 3.4.
3 Tourism
16
Policy 3.4.
4 Heritage
16
Policy 3.4.
5 Unique
Sites and Structures
17
SECTION 3.
5 HOUSING
18
Policy 3.5.
1 Promoting Housing
18
18
Policy 3.5.
3 Affordable Housing Outside the Suburban Designation
by Development Agreement
19
Policy 3.5.
4 Bonusing
19
Policy 3.5.
5 Homelessness
19
Policy 3.5.
6 Altemative Housing Forms
19
Policy 3.5.
7 Land banking
and municipal land
20
PART 4 LAND USE POLICIES
21
SECTION
4.
1 LAND USE DESIGNATIONS
21
SECTION 4.
2 RURAL USE DESIGNATION
22
SECTION
1.5 COMPONENTS
AND THE LUB
Policy 3.5.
2 Gentle Density and Infill Development
MUNICIPALITY OF THE DISTRICT OF SHELBURNE
MUNICIPAL PLANNING STRATEGY
Policy 4.2.
1 Agricultural
Land
22
Policy 4.2.
2 Rural Development Zone
23
Policy 4.2.
3 Rural Resource Zone
23
Policy 4.2.
4 Rural Commercial Zone
23
Policy 4.2.
5 Rezoning to Rural Commercial Zone
23
Policy 4.2.
6 Rezoning
to Rural Resource Zone
24
Policy 4.2.
7 New Public Roads
24
Policy 4.2.
8 New Private Roads
24
Policy 4.2.
9 New Private Roads by Development Agreement -- 5 or More Lots
25
Policy 4.2.
10 Existing Private Road Development
25
SECTION 4.
3 SUBURBAN
DESIGNATION
26
Policy 4.3.
1
Residential
Zone
26
Policy 4.3.
2 Suburban Commercial Zone
26
Policy 4.
3.
3 Rezoning to the Suburban Commercial Zone
26
SECTION 4.
4 INDUSTRIAL DESIGNATION
27
Policy 4.4.
1 General Industrial Zone
27
Policy 4.4.
2 Development Agreements Requirements for C & D Sites
27
Policy 4.4.
3 Marine Industrial
Zone
27
Policy 4.4.
4 Residential
Uses Within the Industrial Designation
27
Policy 4.4.
5 Rezoning
Within the Industrial Designation
28
SECTION 4.
5 SPECIAL PLANNING
AREA OVERLAY
28
Policy 4.5.
1 Special
Planning
Area Overlay
28
Policy 4.5.
2 Development
Agreements for unique uses with the SPA Overlay
29
PART 5 ENVIRONMENTAL
30
SECTION
5.
1 ENVIRONMENTAL OVERLAY
30
Policy 5.1.
1 Coastal Hazard Area
Policy 5.1.
2 Municipal Watershed
30
31
Policy 5.1.
3 Parks and Conservation
Areas
31
Policy 5.1.
4 Wetland
Protection
31
Policy 5.1.
5 Watercourse
Protection
32
Policy 5.1.
6 Wildfire Risk Mitigation
32
Policy 5.1.
7 Steep Slopes
32
Policy 5.1.
8 Top Soil
32
SECTION 5.
2 WIND TURBINES AND RENEWABLE ENERGY
33
Policy 5.2.
1 Wind Turbine
33
Policy 5.2.
2 Large Scale Wind Turbine -- Development
Agreements
33
Policy 5.2.
3 Other Renewable Energy Uses
34
Policy 5.2.
4 Hydrogen
Facilities
34
SECTION 5.
3 INFRASTRUCTURE
36
Policy 5.3.
1 Regulation
of Public Streets
36
Policy 5.3.
2 Development at Interchanges
36
Policy 5.3.
3 Transit Infrastructure
36
Policy 5.3.
4 Active Transportation Network
36
Policy 5.3.
5 Stormwater Management
37
Policy 5.3.
6 Stormwater
37
Policy 5.3.
7 Expansion of Service Boundary
38
PART 6 GENERAL DEVELOPMENT STANDARDS
39
SECTION 6.
1
SUBDIVISION
BYLAW
39
iii
MUNICIPALITY
OF THE DISTRICT
OF SHELBURNE MUNICIPAL PLANNING STRATEGY
Policy 6.1.
1 Establishment
of Subdivision Bylaw
39
SECTION 6.
2 LAND USE BYLAW
40
Policy 6.2.
1 Establishment
of the Land Use Bylaw
40
PART 7 IMPLEMENTATION
42
SECTION 7.
1 PLANNING
DOCUMENT
REVIEW AND AMENDMENTS
42
Policy 7.1.
1 MPS and LUB Review
42
Policy 7.1.
2 Conditions
for Amending the MPS
42
SECTION 7.
2 DEVELOPMENT OFFICER
42
Policy 7.2.
1 Appointment of Development Officer
42
SECTION
7.
3 SHELBURNE
DISTRICT LAND USE BYLAW
43
Policy 7.3.
1 LUB Content
43
Policy 7.3.
2 LUB Provisions
43
Policy 7.3.
3 Amending the LUB
44
Policy 7.3.
4 Development Agreements
46
Policy 7.3.
5 Site Plan Approvals
48
Policy 7.3.
6 Rezoning
Without Amending Designation -- Adjacency Policy
48
Policy 7.3.
7 Completeness of Applications
49
Policy 7.3.
8 Variances
49
SECTION
7.4 PUBLIC
CONSULTATION
50
Policy 7.4.
1 Notification
of Variance and Site Plan Approval
50
Policy 7.4.
2 Public Participation
Program
50
Policy 7.4.
3 Extending
the Public Participation
Program
50
Policy 7.4.
4 Notifying Abutting Municipalities
51
SECTION
7.5 COST RECOVERY
51
Policy 7.5.
1 Advertising
Costs Associated with Amendments, Site Plans and Variances
51
Policy 7.5.
2 Processing Costs for Amendments
and Permits
51
Policy 7.5.
3 Evaluation
52
APPENDIX A
GENERALIZED
FUTURE
LAND
USE MAP
53
iv
MUNICIPALITY
OF THE DISTRICT OF SHELBURNE MUNICIPAL
PLANNING
STRATEGY
PART
1 AUTHORITY AND CONTEXT
SECTION 1.1
PURPOSE
This Municipal Planning Strategy ( MPS) for the Municipality of the District of Shelburne has been prepared
according
to the provisions
of the Municipal Government Act (MGA). It is a legal document that has been
adopted
as
a Bylaw of the Municipality
of the District of Shelburne and provides a framework
of land
use
policies
to guide all forms of development
within the District. Where land use and development
issues are
dealt with in this MPS, the accompanying
District of Shelburne
Land
Use Bylaw ( LUB) shall implement
them.
SECTION 1.2
THE PLANNING AREA AND GFLUM
This
MPS
applies
to
all lands within
the Municipality
of the District
of Shelburne, as defined
by the
Generalized
Future Land Use Map ( GFLUM) included
as Appendix A to this document. The area it covers
shall be referred to as the Shelburne
District Planning Area or the Planning Area. The GFLUM applies
one
of the land use designations listed in Section
4 to all lands within the Municipality of Shelburne.
SECTION 1.3
BACKGROUND
In 2023, The District of Shelburne
began
a process to draft and adopt a comprehensive MPS and LUB to
comply with the Minimum Planning Regulations established
by the province. Previously, the District of
Shelburne had a bylaw that was limited and primarily addressed
the location of wind turbines and protection
for the two watershed
areas.
To prepare this draft, the Municipality prepared
a background
study that provided background information
on issues such
as population
and demographics,
the natural environment, commercial development,
infrastructure
and energy. Stantec prepared
a Renewable
Energy: Best Practices
Review that provided
best practices and research on green hydrogen, wind energy, solar energy and battery storage.
Numerous other reports and studies were considered during the development of this plan and included:
Coast Management Strategy, Coastal Protection and Municipal Land Use Bylaws
ICSP Action Plan - 2020
Municipality of the District of Shelburne; Municipal Housing Needs Report 2023
Recreation Strategic Plan Municipality of the District of Shelburne ( 2019-
2021)
Socio-
Economic
and
Housing
Development Strategy
for the Municipality of the District of
Shelburne
Updated Population Projections
prepared by Turner Drake, September 2024
In addition to these reports, this bylaw also considered
the provincial
statements
of interest, minimum
planning regulations and other provincial strategies, regulations and guidance
documents.
SECTION 1.
4
CONSULTATION
To develop this plan, the Municipality hired
a planning consultant to draft the plan. Public engagement
sessions, along with key informant
interviews
and discussions
with staff resulted in the first draft of the
document for Council'
s
review.
1 '
r
MUNICIPALITY OF THE DISTRICT OF SHELBURNE MUNICIPAL PLANNING STRATEGY
Following
Council'
s
input, the consultants
prepared
draft
2 of the documents
and
a
series
of public
engagements
were
conducted
which
included
three
open
house
sessions
with
a
world
cafe style
component. People
also had the opportunity to provide comment via email
or through scheduled
one
on
one sessions. Given the comments on wind turbines, the municipality held a focused
one line session for
the public to present information
on green energy. At the conclusion
of this engagement Council
received
a What We Heard Summary Report that outlined the main issues
and recommendation changes
to the draft
documents.
Council
then decided to hold
another series of public
sessions
on the version
3 draft. This involved
2
webinars specifically
on wind turbines. Additional feedback from the public was received to via email with
all correspondence
logged.
SECTION 1.5 COMPONENTS AND THE LUB
Further to Section
1 of this Part, where it is stated that the general purpose of this plan is to be a framework
of Council'
s policies concerning the development of land within the Planning Area, this plan also contains
other land use policies. These policies set development standards that may vary from zone
to zone and
policies
concerning
the
issuance
of municipal
development permits. Administrative
policies
include
procedures
on amending
the MPS and LUB as well as for their review. Included also are policies for the
subdivision
of lots along private roads and lots with no frontage, and development permit issuance on such
lots. Development
control regulations themselves, which implement the policies contained in this MPS, are
contained in the Municipality of the District of Shelburne'
s
Land Use Bylaw.
SECTION
1.6
LIMITATIONS
This MPS sets out policies
directed toward
a Vision and specific goals, set out in Section 3. In adopting
these policies, Council
does
not
commit
itself
to undertaking
any of the projects
suggested
therein.
However, Council
is prevented from acting in a manner that is inconsistent with or at variance with this
Strategy (MGA S. 217).
MUNICIPALITY
OF THE DISTRICT
OF SHELBURNE MUNICIPAL PLANNING
STRATEGY
SECTION 1.
7 STATEMENTS
OF PROVINCIAL
INTEREST
The Municipal
Government
Act requires
that planning
documents
be reasonably consistent
with
the
Provincial
Statements of Interest. The five Statements of Interest and the sections and policies on this plan
that address them are as follows:
Statement of Interest Regarding
Drinking
Water Supplies
Flood Risk Areas
Protection of Agricultural Land
Infrastructure
Housing
Relevant Sections and Policies
Policy 5.1.
4 Municipal Watershed
Policy 5.1.
1,
Coastal Hazard Area
Policy 5.1.
2,
Development
within the Coastal
Area
Policy 5.1.
7 Environmental Overlay
Section 2.
3 Economy
Section 4.2.
1 Rural Use Designation
Section 5.
3 Infrastructure
Section 2.
2 Population and Housing
Part 3 Visions & Goals
Section 4.
3 Suburban Designation
SECTION 1.8 ZONES, ZONING AND THE ZONING MAP
The purpose of a Land Use Bylaw is to implement
the land use development policies set out in a MPS and
to establish
a fair and systematic
means of development control. This is accomplished by dividing
an area
into land use zones. Land use developments
are considered by way of listing them as a permitted use in a
zone
or, alternately, a prohibited use.
Where
a land
use development is considered
a permitted
use, usually there are specific development
conditions that must
be fulfilled
before
a development permit
is issued. The LUB accompanying this
Shelburne District MPS is called the Shelburne
District LUB. Like the GFLUM'
s
relation to the MPS, the
Zoning Maps form
an integral part of the LUB. The Zoning
Maps graphically show the divisions of the
District'
s areas into zones. The Shelburne
District LUB and Zoning Maps set out zones for a full range of
land
use types, varying from residential
to industrial
uses
and allows different
land
uses
to be mixed in
specific areas and circumstances. The Bylaw also includes areas in which wind resource
development
may
be permitted
in conjunction with other land use, areas in which land use will be strictly limited and, perhaps,
prohibited
to protect community
water
supplies, wetlands, watercourses, coastlines, and
areas
with
substantial slopes to protect both unique environmental
features and reduce risks to the public.
The Coastal
Protection Overlay Zone Map(
s)
in the LUB
is where
areas
identified
by the Province
are
shown that are prone to coastal flooding and erosion, and where additional planning regulations may apply.
PART 2 DISTRICT PROFILE
The Municipality
of the District of Shelburne ("
District
of Shelbume") is
in
Shelburne
County, within
southwest Nova Scotia. Most of its development
is closer to the coast while most of the interior is lightly
populated. This section
of the Plan provides important context for the planning policies that follow.
Figure 1
Location of the Municipality
of the District of Shelburne
in Nova Scotia
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4.
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SECTION 2.
1
HISTORY OF SHELBURNE
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Long
before
European
settlers arrived, the
Mi'
kmaq
people
inhabited
the
area
of the present-
day
Municipality. The native Mi'
kmaq
people traversed the Roseway
River and used the surrounding
lands for
summer encampments well ahead of European explorers and fishermen reaching the shore of Shelbume.
European
presence and colonization
in Shelburne
started in the 17th century. Settlers from England and
France established
many fishing communities along the coastline, forming some of the earliest settlements
in the area.
In 1784, Shelburne County was formed in part from the southwestern portions of Queens County, with the
new boundaries
established
in 1785. The western portion of the county became Yarmouth County in 1836.
In 1854, Shelburne County was further divided into Shelburne
and Barrington
Districts for court sessional
purposes
and eventually
incorporated
as
a District Municipality
in 1879. The Town of Shelburne
and
Lockeport were incorporated
in 1907, separate
from the Municipality
of the District of Shelbume.
MUNICIPALITY OF THE DISTRICT OF SHELBURNE
MUNICIPAL PLANNING STRATEGY
Following the end of the American Revolutionary War, this area became the destination of many loyalists
fleeing New York and other American colonies. In 1783, four hundred families settled here and formed a
town at Port Roseway, later renamed
Shelburne
to honor the British Prime Minister, Lord Shelburne. About
2,
000 black loyalists who settled at the same time were allotted lands on the west side of the Town. They
established
the largest free Black settlement
in
North America known
as Birchtown
in honor of Major
General Samuel Birch. Shelburne
County also saw immigrants
from Scotland and Ireland. In 1818, Welsh
settlers arrived at Shelburne District and established the first Welsh settlement in Canada. Their settlement
is on the west side of the Roseway River now known as Welshtown.
Fishing and shipbuilding have formed the core economy
in Shelburne since its establishment. Shelburne
Harbour, an ice -free deep -water port, makes Shelburne
an ideal location for marine businesses. At its peak
these industries
increased
the population
of Shelburne County to 12,
000
in the early
1790s. Although
fishery
reached its height
in the late 1970s and entered decades
of decline since then, marine businesses
have left a lingering legacy and shaped many communities in Shelburne. The Municipality of the District of
Shelburne still sees several active working
waterfronts
and shipyards today.
The history of Shelburne
is marked by both prosperity and challenges. The municipality has seen decades
of population
decline until the province -wide population growth during the COVID-
19 pandemic. People of
Shelburne also face difficulties finding employment due to the closure of many manufacturing plants in the
South Shore of Nova Scotia, such as the Bowater Mersey paper mill that closed in 2012. Today, Shelburne
sees new opportunities in the tourist sector that utilize its diverse and charming
landscape of nature and
coastline.
SECTION 2.
2
POPULATION
AND HOUSING
HISTORICAL DEMOGRAPHIC
CONTEXT
Population in the Shelburne District has been in decline for many years. The population growth
ceased
in
1991
and
the District
lost
more
than
a thousand
residents
or
one -fifth of its population
by 2016. It
experienced
a modest gain
according
to
the
2021
Census, which
recorded
48 additional
residents;
however, Statistics Canada estimates suggest only four more residents in 2021 than in 2016.
The critical factor in the community'
s population
decline has been out -migration of young adults, which is
common
in many rural areas. Estimates
of net migration
by age group
modelled
by Stantec based
on
Statistics Canada
estimates suggest that in each five-
year census period from 2006 to 2021, the District
lost 20%
to 30%
of its residents aged 20 to 34, with the largest net outflows in the 20 to 24 -year group and
particularly
high percentages among males. Outflow
of young adults subsided somewhat over the period,
but both males and females
in the 20 to 24 and 25 to 29 -year age lost more than 10%
to net migration
between 2016 and 2021, with losses among 20 to 24 -year -old males over 30% (
Figure 2).
Outmigration
of young people is common in rural areas as many leave for education and job opportunities.
The Toss of population between 20 and 34 is critical because they are the main child-
bearing
cohorts in the
population. While some will return, the loss of young adults
reduces the potential of the local population
to
have children, which could grow the population
through natural increase. Persistent
loss of young adults,
which
is common
for rural
areas
throughout Canada, will
lead to successively smaller generations of
children and the kind of steady downward population trend that Shelburne has experienced.
MUNICIPALITY
OF THE DISTRICT OF SHELBURNE MUNICIPAL PLANNING STRATEGY
Figure 2
Estimated Migration, District of Shelburne, 2016-
2021
90+
85-
89
MMINI
5.3%
2.9%
t
4.9%
NM
80-
84 -
14.
0%
5.4%
N
75-
79 -
6.6%
10.
9%
70-
74
9.3%
17.
8%
65-
69
I
8.6%
fi
1.9%
60 64
9.2%
11.
2%
55-
59
MW=
5.
9%
0.7%
I
50 54
I=
3.8%
I
0.8%
45-
49
1
0'"%
14.
2%
40-
44
14.
3%
3.7%
MI
35-
39
fi
7.4%
10.
5%
30-
34
12.
7%
14.
8%
24.
2%
25-
29 -
14.
5%
10.
7%
20-
24 -
14.
7%
30.
8%
IlL
EMIIII
II
15-
19 =
7.2%
IMIIII
14.
0%
10-
14
9.2%
11.
2%
5-
9 !
4.5%
10.
8%
53.
1%
04 -
4.3%
I=
40.
0% -
30.
0% -
20.
0% -
10.
0%
0.0%
10.0%
20.
0%
30.
0%
40.
0%
50.
0%
60.
0%
5 -Year % Female
5 -year % Male
Source: Statistics
Canada Estimates, 2006-
2021, Stantec Consulting predictions, 2026-
2031
Shelburne
experienced
a very
small gain
between
2016
and
2021. During the period
the province
experienced
an unprecedented
surge in migration that led to explosive growth
in HRM and substantial
increases in adjacent municipalities. Several
farther outlying municipalities
benefited
from the trend and
experienced
a reduction in population losses or moderate gains like Shelburne.
I
1
MUNICIPALITY OF ME DISTRICT 4F SHELBURNE MUNICIPAL ;
LANNLNG STRATEPY
POPULATION
PROJECTIONS
The population change of Shelburne
in the future remains uncertain. It has had a historical
decline since
the 1990s but has started to see growth again in recent
years in relation to the growth of migration
in Nova
Scotia. Migration and natural growth are the main factors that influence Shelburne'
s population trends. The
Municipality engaged
Turner Drake to apply two projection
methodologies
respectively, to reflect both
factors
and produce multiple scenarios for population
projection.
The two methods
are Shift Share & Cohort Survival. The Shift Share approach takes economic
and labour
market aspects into consideration
as it is an important push -and -pull factor in migration
movement.
It can
reflect
how
the
regional
and
provincial
economic
geography
influences
the population
changes
in
Shelburne. The Cohort Survival approach is a more granular method, as it is based on the historical
natural
change
of population
that counts
births, deaths, and migration. Using these methods, Turner
Drake
produced five population projection
scenarios for Shelburne from 2021 to 2034.
Figure
3
Population
Projection
of Shelburne by Scenarios
2021 -- 2034
5.
200
5.
045
a
o
a.
Ta
o
4.
900
4.
600
4,
290
4,
335
0iis
4.
300 ---- -----_ } ------
43, 4,
250
4,
000
2016
2021
2024
2029
2034
Source: Statistics
Canada Census 2016 & 2021, Turner Drake Estimates
2024
Shift share: high
A 4,
760 --
A--
Cohort: high
X 4.
645 --
X--
Average
O 4,
530
0--
Shift share: low
0--
Cohort: low
F Historical
While the range between scenarios is significant ( from 4,
250 to 5,
045 people -- a loss of 90 or a gain of
710, respectively), all but one scenario predicts that Shelburne will experience population
growth from 2021
to 2024, suggesting
a higher likelihood of an increasing resident base. Statistics Canada estimated about
1%
growth from 2021 to 2023 in Shelburne in relevance to the population gain by migration.
MUNICIPALITY OF THE DISTRICT OF SHELBURNE
MUNICIPAL
PLANNING STRATEGY
HOUSEHOLD & HOUSING
PROJECTIONS
Household
growth is considered
one of a handful
of components when calculating
local housing demand.
Turner Drake used the same
method for population projection to estimate the number of households
living
in Shelburne
in the future. The estimation
of households
is calculated
based
on headship
rates which refer
to the percentage
of people in an age group who are household maintainers. Applying age -specific rates
to future age cohorts and summing
up the results will determine the total household
projection.
Figure 4
Households
Projection of Shelburne by Scenarios 2021--
2034
2,
350
Total
households
2.
300
2.
200
2,
100
2.
000
1,900
1,
970
f
2,
225
X 2.
180
a 2,
140
2,
060
o- ------
o ---
O 1,995
2016
2021
2024
2029
2034
Shift share: high
6--
Cohort: high
Average
D--
Shift share: low
O-- Cohort: low
a--
Historical
Source: Statistics
Canada
Census
2016 & 2021, Turner Drake Estimates
2024
Household projections mirror anticipated
changes
in population. Future households living in Shelburne may
range from 1,
995 to 2,
350. Averaging all scenarios, Shelburne
may have 2,
180 households
by the year
2034. Turner Drake estimates that Shelbume needs an additional
250 housing units from 2024 to 2034 to
maintain
a balanced housing market. This estimation factors in the dwelling - household ratio of Shelburne,
the existing housing shortage, the vacancy
rate of 3%
for a balanced housing market, and the need for
units on the market to balance affordability. On average, Shelburne
sees 20 new housing
units completely
annually. Shelburne would need an additional
50 units from 2024 to 2034 to achieve a balanced housing
market.
MUNICIPALITY OF THE DISTRICT
OF SHELBURNE MUNICIPAL PLANNING STRATEGY
The Housing
Need
Report
for the Municipality of the District of
Shelburne
released
in 2023 provided
a
more detailed
picture of
Shelburne'
s
housing needs from the perspective
of housing types.
Since
different demographic
groups
demand
different
types
of
housing, evaluating
key
demographic
trends
is
important
for
directing
future
housing
development. Among all, the
most
two
notable ones
are the growth of the renter and senior population.
Shelburne will see strong growth in its senior population
in the near
future. Turner
Drake
estimates
that
about
155
new
senior -led
households
might
choose
to live in the municipality from 2022 to
2032. In relation
to the housing demand, growth among the senior
population emphasizes the need for senior -appropriate
or generally
accessible
housing
over
the
foreseeable
future. Senior -led
households tend to have smaller sizes. Despite that over 85%
of the
seniors own their residences, the Report notes that there are many
who live in hospital
beds in the municipality. They are essentially
homeless because there is no available housing suitable for seniors.
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RV sl!.
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Il
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Mrs
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In terms
of tenure, Shelburne
saw strong growth
in the renter
population
between
2016 and 2021. This
growth
is relevant
to the worsened housing affordability
in Shelburne
in recent
years since the barrier to
homeownership forced many to choose to rent. During this period, renter - occupied dwellings increased by
20%,
compared
to owner -occupied dwellings increased
by only 2%.
The most demanded dwelling types by
renters
are studio/
1-
bedroom
and units that contain three or more units. Associated with the growth of the
renter population is the decline of the vacancy rate from 7.5%
in 2018 to 7.0 in 2021. Although this still falls
above the healthy vacancy rate between 3%
and 5%,
it was reported that very few rentals are available in
Shelburne, with many homes being used for short-
term rentals or vacant.
Considering that the younger population has a significantly higher percentage of renters, constrained
rental
availability may be associated with the decline of the younger population. To address the challenges of
housing
affordability, the municipality is interested
in policy
measures
to reduce development costs and
encourage the development of more affordable housing.
Shelburne shall dedicate
itself to boosting and diversifying
its housing supply to meet the needs of the
increasing senior and renter
population. The municipality shall encourage
down -sized accessible housing
tailored to the lifestyle of seniors. Creating more affordable rental units matters
to retain the younger working
population
to further support the municipality'
s initiatives on economic development.
MUNICIPALITY OF THE DISTRICT OF SHELBURNE MUNICIPAL PLANNING STRATEGY
SECTION 2.
3 ECONOMY
The District
of Shelburne
economy is dominated
by manufacturing
and agriculture, forestry
and fishing
called resource
uses) Manufacturing
employed 415 people according
to the 2021 Census or 21.
3%
of the
District'
s labour force. Agriculture, forestry and fishing accounted for 405 jobs and 20.
8%
of the labour force.
The two sectors are closely tied. Fishing is a dominant
and historic economic
activity in Shelburne and
industrial operations are primarily shipbuilders and repairers
and fish processing plants. The third and fourth
largest employers
are Health Care and social services with 225 positions ( 11.
8%)
and Retail trade with 200
jobs ( 10.
3%) (
Figure 5).
Although
census data lumps forestry, fishing and agriculture together, the District of Shelburne forestry and
fishing
are much more prevalent than agriculture, Agricultural activity is limited in Shelburne. The resource
sector accounts
for one in five jobs in the municipality compared to only 2.3%
of all Canadian employment.
The location quotient for the sector calculated
by dividing its percentage
of employment in Shelburne by
the percentage employed
in Canada, which is 20.
82% /
2.31% =
9.1,
indicating
Shelburne has nine times
as many people engaged in resource occupations than the Canadian average. By contrast, although health
care and social services account for the third most jobs in Shelburne, the share of local employment in the
sector ( 11.
6%)
is less than the national average ( 13.
0%),
resulting
in a location quotient of 0.
897
or less
than 1, which
means the sector
is not a specialty for the municipal district. Overall, employment in Shelburne
is concentrated
in a relatively small number of sectors with specialization
in just three sectors: agriculture,
fishing and forestry ( 9.
084 in 2021), manufacturing (
2.
627), and utilities ( 1.
650).
Fortunately, the two leading
sectors
appear to be robust with employment growth of 14.
1%
and 23.
9%,
respectively between 2016 and
2021.
There is interest in increasing the tourism opportunities within Shelburne. Although not currently identified
as one of the dominant sectors within the District, the Town of Shelburne has important heritage assets that
attract tourism.
MUNICIPALITY OF THE DISTRICT OF SHELBURNE MUNICIPAL
PLANNING STRATEGY
Figure 5 Location Quotients, Shelburne District, 2016 and 2021
10.
000
9.
000
8.
000
7.
000
6.
000
5.
000
4.
000
3.
000
2.
000
1.000
0.
000
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Cr
m LQ 2016
LQ 2021
Economic Sector
Total
labour force
Industry - Not applicable
All industries
11 Agriculture, forestry, fishing and hunting
21 Mining and oil and gas extraction
22 Utilities
23 Construction
31-
33 Manufacturing
41 Wholesale
trade
44-
45
Retail
trade
48-
49 Transportation and warehousing
51
Information
and cultural industries
52 Finance and insurance
53 Real estate and rental and leasing
54 Professional, scientific
and technical services
55 Management of companies and enterprises
56 Administrative
and support, waste management
and
remediation
services
61 Educational
services
62 Health
care
and social assistance
71 Arts, entertainment
and recreation
72 Accommodation
and food services
81 Other services ( except public administration)
91 Public administration
Employment
2016
2021
1,
785
0
1,
790
355
10
0
120
335
30
175
75
15
30
35
35
0
35
65
255
15
65
60
80
1,
980
30
1,
945
405
15
25
80
415
30
200
45
10
40
0
75
0
40
85
225
25
65
75
85
Source
Stantec Consulting
Location
Change
Quotients
Number %
2016
2021
195
30
155
50
5
25
40
80
0
25
30
5
10
35
40
0
5
20
30
10
0
15
5
10.
9%
0.0%
8.7%
14.
1%
50.
0%
0.0%
33.
3%
23.
9%
0.0%
14.
3%
40.
0%
33.
3%
33.
3%
100.
0%
114.
3%
0.0%
14.
3%
30.
8%
11.
8%
66.7%
0.0%
25.
0%
6.3%
8.
436
9.
084
0.
412
0.
612
0.
000
1.
650
0.
950
0.
531
2.
143
2.
627
0.
455
0.
479
0.
849
0.
907
0.
871
0.
447
0.
362
0.
244
0.
377
0.
479
1.
054
0.
000
0.
266
0.
466
0.
000
0.
000
0.
462
0.
492
0.
485
0.
587
1.
185
0.
897
0.
422
0.
695
0.
530
0.
584
0.
750
0.
917
0.
709
0.
697
MUNICIPALITY
OF THE DISTRICT OF SHELBURNE
MUNICIPAL PLANNING STRATEGY
SECTION 2.
4
ENVIRONMENT
The District of Shelburne presents
a diverse
and varied environmental
landscape is divided
by Highway
103. South of the highway is the coastal
area where beaches and estuaries
can be found. Most
human
settlements
are
in this part of the District of Shelburne
with many residents having
a history
or ongoing
economy related to maritime activities and fisheries. North of Highway 103 is predominantly
inland forest
with plenty
of water
features and wetlands
untouched
by human activities. Preserving
the rich natural
beauty of the District of Shelburne has always
been the priority of the Municipality, as it ties to the culture
and identities of Shelburne
communities. The provincial government has designated
an estimated
43,
460
hectares of parks and protected areas, many located north of Highway 103.
Climate change
has brought many challenges to preserving local natural landscapes
and protecting local
communities. The rising sea levels and temperature
have led to extreme
weather and natural disasters
threatening the health
and safety of Shelburne
residents
and infrastructures. The coastal region south of
Highway 103, where most of the settlements in the District
are located, will see
more frequent and intense
storms over the next few decades. The hotter climate also drastically increases the risk of wildfires. In May
2023, the District saw the largest wildfire in the province'
s history, spreading over 235 square kilometres of
land. The wildfire destroyed
an estimated 60 homes and 150 structures and displaced nearly
half of the
local population. For better protection of the communities
and natural environment, building environmental
resiliency
and adaptability to the changing climate is urgent for the municipal government
to prioritize. The
municipality is actively developing
new policies to protect communities
from coastal hazards
and wildfires.
SECTION 2.
5
INFRASTRUCTURE
Roadway transportation in the Shelburne
District is centered along the west -east -orientated
Highway 103
and Highway
203 to reach communities
in the north of the District. An arterial highway, Highway 3, also
runs through the District, connecting
the Town of Lockeport, the Town of Shelburne, and the community of
Birchtown to Highway 103. Other local roads connect the remainder of the communities. Most of the road
infrastructure
is located
south of Highway 103 where human settlements concentrate. The Nova Scotia
Department
of Public Works manages and operates most of the public roads in the District. Multiple sections
of Shelburne County
Rail Trail also
run through the District, allowing
residents
and tourists to travel and
explore the natural sceneries
in the coastal area.
The District of Shelburne has no limited municipal streets, with most being under the provincial Department
of Public Works. Shelburne has a history of permitting residential development
on private roads, particularly
north of the 103 around lakes.
The municipality does not offer county wide water or wastewater services. Most of the District operates on -
site wells
and septic systems, except
for
the Shipyard
on
Shelburne
Harbour
and the developments
between it and the Town of Shelburne. The Municipality operates a lagoon - type wastewater treatment plant
on Sandy Point Road to treat the wastewater from the Shipyard developments.
12
MUNICIPALITY OF THE DISTRICT OF SHELBURNE MUNICIPAL PLANNING STRATEGY
SECTION 2.
6
AGRICULTURE
Shelburne
County has a small amount
of agricultural land with agriculture
comprising less than
1 %
of the
county land area, according to the Province of Nova Scotia. (Shelburne County: Profile of Agricultural Land
Resources). This provincial report summarizes Canada Land Inventory categorizations of agricultural
land
in Shelburne County, with class
1 being the highest and class 7 the lowest. Nova Scotia does not have
any class
1 lands.
Table 1. Agricultural
land statistics- Shelburne
County
Hectares
Percent
of
provincial
total
Percent of
county
land
area
CLI 2,3,
4
TOTAL
4,
631
0.3
1.9
CLI 2
0
0
0
CLI 3
3,
437
0.
4
1.4
CLI4
1,
194
0.
3
0.
5
Agricultural
land ( ALIP)*
322
0.
1
0.
1
Agricultural
land ( DNR)**
232
0.
1
0.
1
Blueberry land
DNR)**
101
0.
6
0.
04
As indicated by the NSDA Agricultural
Land
Identification
Project.
Based
on forest coverage files from NS Natural
Resources (blueberry land
is low -bush/ wild)
Source: Nova Scotia
Department
of Agriculture, Natural
Resources
Canada,
Nova Scotia
Department
of Natural
Resources.
Most of the class 2, 3 or class 4 ( ands are north of the 103.
MUNICIPALITY
OF THE DISTRICT OF SHELBURNE MUNICIPAL PLANNING STRATEGY
PART 3 VISION AND GOALS
SECTION 3.
1
VISION
The Municipality values its rural qualities and the independent
spirit of our residents, which creates many
economic
and
social opportunities
for our community'
s future, including
green
energy production, and
tourism. This Plan aims to protect and sustain this rural quality while focusing growth in areas
near existing
services, so that young people will have both housing and employment options, and our population remains
stable or grows. Fishery and marine activities, along with coastal living and recreation
continue to be a
source
of pride and economic
activity for Shelburne but our community must adapt to the realities of a
changing climate.
SECTION 3.
2
GOALS
This Plan establishes
six goals to guide the implementation of the vision statement. The goals play a key
role in helping
to understand
specific policies. The goals of the plan
are also critical for evaluation of the
progress of the Plan.
1. A Resilient and Sustainable
Community: Shelburne
planning
documents will focus on
supporting youth, providing housing options and enabling existing communities
to adapt to an
ever-
changing
world. The physical lay out of communities
will need to adapt to a changing climate
resulting in extreme
weather events, wildfire threats and coastal erosion.
2. Flexibility and Simplicity: Comprehensive planning is new to Shelbume. This Plan should serve
as an introduction
to comprehensive planning for both residents, businesses
and the Municipality
Stakeholders
value flexibility that permits regulations that do not unduly restrict opportunities and
that do not require significant resources
from the Municipality
to administer and regulate.
Planning policies and regulations should
be clear and easily understood.
3. Business Growth and Job Opportunities: Council wishes to attract businesses and provide job
opportunities, so that young people can stay in the community and thrive. Creating
a friendly
environment
for businesses
and entrepreneurship to create
more employment is crucial to
Shelburne'
s
prosperity and future.
4. Resource Preservation
and Environmental Responsibility: Vibrant natural and rural
landscapes define Shelburne and its communities. Responsibly preserving our natural
resources
and environment
matters to our residents' identity. The Municipality is dedicated to proactively
addressing
environmental challenges and ensuring the preservation
of natural assets
for future
generations.
5. Maintenance of the Rural Lifestyle and Landscape: Much of the Municipality
is rural, with
significant resource activity. The Plan will reinforce the rural areas of the Municipality
while
encouraging growth in locations
near services and amenities.
6. Meaningful and Transparent Community Engagement: All community engagement will strive
to communicate
clearly and effectively, seek input from a variety of perspectives and interests
and provide transparency
to what can be confusing processes. Engagement will aim to create a
shared understanding
so that public input is based on current
and accurate information.
MUNICIPALITY OF THE DISTRICT OF SHELBURNE
MUNICIPAL
PLANNING STRATEGY
SECTION 3.
3
INTER - MUNICIPAL CO-
OPERATION
The District of Shelburne
is within the County of Shelburne, which contains the Towns of Shelburne
and
Lockeport, along with the Municipality of Barrington. Council believes that cooperation with the towns
and
Barrington will benefit all residents and municipal
units.
Policy 3.
301
Intermunicipal Cooperation
It shall be the policy of Council to cooperate and collaborate with other municipal units when appropriate
and find opportunities to work together, particularly
in the areas of economic
development, infrastructure,
housing and emergency management. Council recognizes the significant
role that the towns play in tourism
and that they act as service centres for the broader region.
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MUNICIPALITY
OF THE DISTRICT OF SHELBURNE
MUNICIPAL PLANNING STRATEGY
SECTION 3.4
ECONOMIC
AND COMMUNITY
DEVELOPMENT
Through this document, the Municipality will establish a land use regulatory
environment
that helps support
existing business
and make it clear that new business
are welcome. Commercial tax assessment
is an
important part of the financial sustainability of MODS and sets the financial basis for the investments that
must occur to provide basic services to residents
or to expand services to meet resident wants
and needs.
The Municipality
plans to be proactive to attract businesses. The special
planning overlay is one tool to
attract opportunities. To support growth and development
and to keep
our youth, investments
in social
infrastructure, such
as parks, recreation
services, libraries
and community centres, must occur.
Hard
infrastructure, such
as roads, sewer
services
must be maintained
or possibly expanded. The investment
into infrastructure
occurs
in partnership with organizations, other levels of govemment or the private sector,
or through the investment of municipal tax dollars.
Many things
are
outside the control
of Municipality
of Shelburne but partnership
opportunities
can be
explored
where
appropriate
and
reasonable.
Limits
on
partnership
development
are
related
to
administrative capacity.
Policy 3,4.
1 Food Security
The provision of food through micro agricultural
activities
can provide
a local
source
of food. In rural
municipalities, often people must travel long distances to purchase basic foods and opportunities to provide
small
scale locations
to purchase
food is desired. It is the policy of Council
to consider opportunities
to
support food security when adopting
land use policies and regulations.
Policy 3.4.
2 Partnerships
It is the policy of Council to encourage
and support community and economic development initiatives
through the establishment
of a partnership strategy
or policy. The goal of the of the partnership policy
is to
nurture strong community relationships
and build civic infrastructure
as outlined in the Socio-
Economic
and
Housing Development Strategy.
Policy 3.4.
3 Tourism
It is the policy of Council to support regional tourism by participating in intermunicipal tourism initiatives and
by accommodating a variety of tourism related uses in the land use bylaw. Council further recognizes the
importance of the natural environment for tourism
and will consider policies or initiatives that protect and
enhance
our shared environment.
Policy 3.4.
4 Heritage
It is the policy of Council
to protect heritage
assets
through the establishment
and maintenance of a
municipal heritage registry. Heritage protection supports
tourism and provides
meaningful
connections
to
our shared past.
MUNICIPALITY OF THE DISTRICT OF SHELBURNE
MUNICIPAL
PLANNING STRATEGY
Policy 3.4.
5 Unique Sites and Structures
It is the policy of Council
to allow for the redevelopment of unique sites and structures
by development
subject to the following criteria:
1. The site must demonstrate
one
or more of the following characteristics;
Contains an existing structure of historical, cultural, or architectural
value;
Has
physical
constraints
such
as
irregular
lot
shape, topography, limited
access,
or
environmental
conditions
that
make
strict
compliance
with
standard
Land
Use
Bylaw
provisions difficult;
Involves
a location with unique land use context, such
as adjacency to heritage properties,
watercourses, or former industrial lands.
2. Consideration
of the impacts of the proposed development
on existing uses and compatibility
with
the surrounding character;
3. The degree to which there are opportunities
to contribute to housing diversity, economic activity
or community amenities;
4. The submission of a detailed site plan show the location of builds, parking, landscaping,
stormwater
management
and other relevant site details; and
5. Consideration
of Policy 7.3.
4.
1
MUNICIPALITY OF THE DISTRICT OF SHELBURNE MUNICIPAL PLANNING STRATEGY
SECTION 3.
5
HOUSING
The challenge
of providing
adequate
housing
is a shared responsibility. The Municipality
is seeking
to
encourage
a broad range of housing options. Affordable housing, which is defined
as housing which takes
no more than 30%
of a household'
s
income, is of critical importance. With the 30%
threshold
not attainable
for some, deeply affordable housing must also be part of the housing
mix.
Homelessness is different in rural settings
and in 2025, there is not significant information or data on the
extent of the homelessness
situation in MODS.
Policy 3.5.
1 Promoting Housing
It is the policy
of council
to encourage
a diversity
of housing options within the Suburban designation.
Affordable housing projects
are encouraged to located
near community services and transportation
routes
where walking
to local services
is possible. Council will actively
pursue partnerships
with neighbouring
municipalities, developers and housing
interest groups to leverage
resources and expertise. Council
seeks
to collaborate
on the development of affordable, mixed -use, energy efficient and accessible housing.
It is the policy of Council to promote housing that aligns with the following:
Affordable: The pressing
need for affordable
housing
is
a challenge
that affects
many
residents. By supporting
affordable
housing
initiatives, we
can
ensure that people
of all
income levels have access
to safe and stable housing
options;
Accessibility: Accessible housing ensures that everyone, regardless of their physical abilities,
can enjoy the
benefits
of safe and comfortable
living.
It promotes inclusivity
and enables
residents to age in place with dignity;
Energy Efficient: in the face of climate change, promoting energy - efficient housing is not just
responsible; it is imperative. Energy -efficient homes reduce utility costs, lower greenhouse
gas emissions, and contribute
to a healthier environment; and
Mixed
Use: Mixed
use housing
construction
promotes
more sustainable, connected, and
vibrant communities
by integrating
living
spaces with essential
services
and community
activities. It enhances the quality of life for residents while contributing to economic growth
and environmental
sustainability.
Policy 3.5.
2 Gentle Density and IntlII Development
It is the policy of Council
to consider and encourage the gentle
densification
or infill development
by
permitting
secondary
suites
on
lots
with
frontage
on
public
roads. Council
will
also
consider
amendments
to the LUB to encourage gentle density in appropriate locations.
MUNICIPALITY OF THE DISTRICT OF SHELBURNE MUNICIPAL
PLANNING STRATEGY
Policy 3.5.
3 Affordable Housing Outside
the Suburban Designation by
Development Agreement
It is the policy of Council
consider affordable
housing projects
outside the Suburban designation
by
development agreement, subject
to the following criteria:
1. That 50%
of the dwelling
units are affordable and owned or operated by a community housing
organization
or non-
profit housing provider for the sole purpose of providing
affordable housing.
Deeply affordable housing is particularly encouraged;
2. The location is near community services
such
as schools, libraries, grocery stores, community
centres
of other important amenities
and services. This is generally
within 10 kilometers of a
Town, Highway 103 or Highway 3;
3. The development
shall be located
on
a public street;
4. The provision of a financial sustainability plan that demonstrates that the project
can be financially
sustained;
5. The site can be adequately serviced with water and sewer;
6. A site plan is provided
which provides sufficient detail to demonstrate:
a. Adequate amenity space to meet the recreational
or wrap around services required by
the target population;
b. Buffering from any adjacent low density residential
use, commercial use or industrial
use;
c. The building typology and building
locations. A variety of housing types may be
considered, including
but not limited to group dwellings, shared accommodations; tiny
houses, low rise apartment buildings; land leased communities or any other development
forms that enable the provision of affordable
housing. Apartment buildings shall not
exceed two stories or 35 feet; and
d. Adequate parking and setbacks from adjacent uses.
7. Consideration
of Policy 7.3.
4.
Policy 3.5.
4 Bonusing
It is the policy
of Council
to permit
a density bonus for housing developments
with affordable
housing
component either through provisions of the Land Use bylaw or when considering housing developments by
development
agreement. To receive any form of density bonusing, the applicant must provide proof that
the affordable units are secured for a minimum of 20 years.
Policy 3.5.
5 Homelessness
It is the policy of Council
to consider the establishment
of an intermunicipal
action working
group
on
homelessness
and to explore innovative solutions
to address rural homelessness
in Shelburne.
Policy 3.5.
6 Alternative
Housing
Forms
It is the policy of Council
to consider alternative housing forms that address
documented and pressing
housing needs by development
agreement using the criteria established
in Policy 3.5.
3.
MUNICIPALITY
OF THE DISTRICT OF SHELBURNE MUNICIPAL PLANNING STRATEGY
Policy 3.5.
7 Land banking and municipal
land
It is the policy of Council to adopt a land banking policy that provides municipal
lands for community
housing
or affordable
housing projects.
MUNICIPALITY OF THE DISTRICT
OF SHELBURNE
MUNICIPAL
PLANNING
STRATEGY
PART 4 LAND USE POLICIES
SECTION 4.
1
LAND USE DESIGNATIONS
The MPS sets
policies
for development
and land
use
across the Municipality. Land
use designations
illustrated
on the Future Land Use Map ( GFLUM) (Appendix A) of this MPS will guide the application
of
policies. Future land use designations indicate the predominant
existing
land
uses in the designated area
or land uses deemed to be the most appropriate
for the area. Where land use designations reflect a use
different from the current
use, the selected designation
is based
on the inherent characteristics of the
property
such
as slope, environmental features, road access, and access to community
facilities. Deciding
the land
use designation of each property also considered
the
uses occurring on adjacent lands and the
declared intention of their
owners.
The following designations
have been applied
on the GFLUM to areas predominantly
used
or appropriate
for future use
in the land use category assigned:
Rural Use Designation -- To provide for a range of rural uses with a focus on encouraging
resource
related uses and low -density rural community
uses. In this designation, it is
anticipated
that resource
related uses and rural communities
can
co -exist. North of the
103 has pockets of development mainly around
lakes and along existing public roads. This
area is characterized
by significant sections of land that are protected by the province of Nova
Scotia through its Parks and Protected Areas Plan. South of the 103 includes more housing
and tourism related activities, and includes the majority of the coastal
area.
Industrial Designation -- To identify and encourage
industrial development
in specific
locations and support the existing ocean sector.
Suburban
Designation -- To
encourage
suburban
type
residential
and
commercial
development
near services
and transportation
corridors. This designation applies
to
areas
near interchanges, outside the two towns
or in areas
where future
residential and
commercial activities are encouraged and serviced or future serviceable
areas.
In addition
to the above designations, this Plan will establish two overlay zones: Environmental
overlay
and
a Special Planning Area overlay. The environmental overlay includes
the Coastal
Hazard area,
based on the mapping provided by the province, and two municipal
watershed areas.
The Special Planning
Area overlay is for four areas
of land where the municipality
is looking
to attract
development but where the end use is not known. The uses are intended to become major economic drivers
for Shelburne. The
SPA
areas will require additional
planning
and public engagement
as
part
of
a
development agreement
process.
MUNICIPALITY
OF THE DISTRICT OF SHELBURNE
MUNICIPAL PLANNING STRATEGY
SECTION 4.
2
RURAL USE DESIGNATION
The Rural Use Designation applies to most of the Municipality, and encompasses
resource
lands, the rural
communities
and the coastal areas. This designation reflects Council'
s
commitment to protecting the rural
identity, working
landscapes, and
natural
environments that define Shelbume. It supports
low -density
development
patterns, maintains
flexibility
for existing
residents,
and
enables
sustainable
land
use
practices that align with rural living, resource -based economies, and environmental
resilience.
The designation includes three zones: the Rural Resource ( RR) Zone, which prioritizes working
lands and
resource
industries; the Rural Development ( RD) Zone, which supports
rural living, tourism, and marine
activities; and the Rural Commercial ( RC) Zone, which accommodates
local
services and small-
scale
business
activity
that
service
the
rural
areas. Together, these
zones
aim
to
balance
growth
and
conservation, direct housing
to appropriate locations, and minimize wildfire risk and infrastructure
costs.
The Rural
Use Designation
is essential to achieving long-
term land stewardship, housing
choice, and
economic diversity in Shelbume'
s
rural communities.
Summary Table -- Rural Use Zones
Zone
Primary
Purpose
Permitted
Uses
Location
Residential
Role
Key
Policies/
Consi
derations
RR (Rural
Resource)
Preserve
working
lands
and support
resource
industries
Agriculture,
forestry, limited
residential,
rural industry;
wind turbines
Predominantly
north of Hwy
103
Permitted but
limited with the
understanding
that there may
be impacts
from nearby
resource
uses;
avoid sprawl or
subdivision
Minimize
wildfire risk;
protect large
parcels; limited
services and
restrictions
on
new roads.
RD ( Rural
Development)
Support
coastal
living,
tourism, and
marine uses
Rural
residential,
tourism,
marine,
recreation,
agriculture
Mostly south of
Hwy 103
Encouraged in
appropriate
areas
Manage flood
and erosion
risks; scenic
and tourism
sensitivity
RC ( Rural
Commercial)
Enable rural-
serving and
tourism-
related
businesses
Commercial,
service,
tourism-
supportive
retail or
accommodatio
ns
Spot -zoned
within Rural
Use
Designated
Area
Not a primary
use
Subject to
rezoning
criteria and
located on
public roads
Policy 4.2.
1 Agricultural
Land
It is the policy to discourage development
on high quality agricultural lands within the Rural Resource ( RR)
Zone and Rural Development ( RD) Zones. To determine high quality agricultural land, Council shall use
the Canada Land Inventory - Agricultural Capability as its guide and shall consider
class 3 and 4 lands as
high quality.
22
MUNICIPALITY OF THE DISTRICT OF SHELBURNE MUNICIPAL PLANNING STRATEGY
Policy 4.
2.
2 Rural Development Zone
It is the policy of Council to establish a Rural Development ( RD) Zone within the Rural Use Designation
to support
tourism, recreation, rural residential, and
marine -related
uses. Located
primarily
south
of
Highway 103, this zone reflects the area'
s popularity for both visitors and residents. Development
in this
zone shall support the tourism economy while maintaining the scenic and cultural value of the coast. The
RD Zone shall manage rural residential growth to support housing demand
while protecting against sea
level rise, erosion, and other coastal hazards. Rural residential
development
is encouraged in this zone.
Policy 4.2.
3
Rural Resource Zone
It is the policy of Council
to establish
a Rural Resource ( RR) Zone within the Rural Use Designation
to
prioritize agriculture, forestry, and other resource - based uses. Residential development
shall be limited so
as to protect working lands, reduce wildfire
risk, and avoid the expansion of costly infrastructure. The RR
Zone supports
the long-
term viability of the rural economy and reflects the need to direct most housing
growth
to areas which minimize
conflicts with resource
uses. Rural residential is not encouraged
in this
zone but is permitted with the understanding that residents
in this zone may have land use impacts resulting
from nearby resources activity.
Rezoning to the Rural Development ( RD) zone from the Rural Resource ( RR) zone
north of the 103 is
not permitted. Rezonings
south of the 103 may be considered subject
to Policy 7.3.
3.
Policy 4.2.
4 Rural Commercial Zone
It is the policy of Council
to establish a Rural Commercial ( RC) Zone to allow for uses that support
local
residential
communities
and limited
resource
use. This
zone will also accommodate large scale tourist
related uses. Existing commercial
uses in the rural designation
will be zoned Rural Commercial ( RC). New
RC uses will require a rezoning.
Policy 4.2.
5 Rezoning to Rural Commercial
Zone
It is the policy of Council to permit rezoning to the Rural Commercial Zone, subject to the following criteria:
1. The property shall front on a public road;
2. The total area of the property shall not include a majority of environmentally
sensitive areas, such
as wetlands, flood risk areas or other factors which may pose a significant risk to people, property
or the environment. Council may consider mitigations
that are based on industry standards
or
best practices to reduce potential risks;
3. That resource
uses, particularly forestry and agricultural are not adversely
impacted. New private
roads are discouraged on lands that primarily consist of Class 2, 3 or 4 soil as identified
on the
Canada Land Inventory;
4. The property shall be capable of receiving
a septic approval from the Province
of Nova Scotia;
5. For any use that legally existed as of June 1, 2025 where the conditions of this this policy are not
met, Council shall consider the use permitted. These uses shall require
a rezoning
in order to
expand or change to more intensive use. Minor changes
such as internal reconfiguration
or a
change of use to something of a similar intensity shall not require a rezoning; and
6. That consideration is given to Policy 7.3.
3.
23
MUNICIPALITY
OF THE DISTRICT OF SHELBURNE MUNICIPAL PLANNING STRATEGY
Policy 4.2.
6 Rezoning to Rural Resource Zone
It is the policy of Council
to permit allow for the rezoning from Rural Development ( RD) Zone to Rural
Resource ( RR) Zone subject to the following criteria:
1. The rezoning will not diminish the scenic, recreational or cultural appeal of the coastal
area or
affect identified tourism corridors or viewpoints;
2. The lands are located outside the identified Coastal Hazard area
or can demonstrate that the
resource
use is appropriate and will not increase flood or erosion risk, and that there are
no
adverse environmental
impacts;
3. The proposed rezoning will not create land use conflicts
with nearby tourism, residential, or
marine based uses that rely on the coastal setting. Impacts
related
to noise, light pollution and
odour shall be considered;
4. The rezoning
contributes
to wildfire risk mitigation by discouraging
dense or clustered
residential
development in high -risk areas; and
5. That consideration
is given
to Policy 7.3.
3.
Policy 4.2.
7 New Public
Roads
It is the policy of Council
to restrict the construction
of new public roads in the Rural Resource Use ( RR)
zone. In all other zones, new public
roads
may
be permitted
by motion
of Council, in the following
circumstances:
1. The new public road increases public safety or addresses a public safety issue;
2.
It is required to meet an economic development, housing or industrial need;
3. It within the ability to absorb the financial impact
on the Municipality; and
4. It is within the ability of the Municipality to maintain the proposed
new street.
Policy 4.2.
8 New Private Roads
It is the policy of Council to permit new residential
development
in the Rural Use Designation
on private
roads for:
1. New residential subdivisions
up to a maximum of 4 residential dwellings; or
2. The private road is to service resource uses, camp or cottage development.
MUNICIPALITY OF THE DISTRICT OF SHELBURNE MUNICIPAL
PLANNING STRATEGY
Policy 4.2,
9 New Private Roads by Development Agreement - 5 or More Lots
It is the policy of Council
to permit new private roads by development agreement in the Rural Designation
with five or more
lots subject to the following criteria
1. The submission of a site plan showing
the total number of lots, road widths that can
accommodate emergency vehicles, and for residential developments where the private road
length exceeds 500 meters, a second method of egress from the proposed development;
2. Identification of an acceptable
water supply for firefighting;
3. That resource uses, particularly forestry and agricultural
uses
are not adversely impacted. New
private roads may not be constructed
to allow development
on areas that primarily consist of
Class 2, 3 or 4 soil
as identified
on the Canada Land Inventory;
4. A landscaping plan showing the Wildland-
Housing
Interface
zone and the proposed zone of
defence; and
5. That consideration
is given
to the evaluative criteria in Policy 7.3.
4.
It is the policy of Council to include specific requirements
in the Development Agreement regarding:
1. Requirements to restrict vegetation
and combustible materials, including woody shrubs, trees and
tree branches within 1.5 meters
of individual residential units;
2. Encouraging the use of non-
combustible
materials, such as gravel, brick and concrete for
landscaping
features;
3. Establishing the location of the dwelling
units so that they are located near the private road and
easily accessible
for emergency responders; and
4. Other requirements that reduce risk to life and property.
Policy 4.2.
10 Existing Private
Road Development
Not withstanding
Policy 4.2.
8,
it is the policy of Council to permit the extension of existing private roads
subject to the following criteria:
1.
An acceptable wildfire management
plan is submitted;
2. The number of lots complies with the plan, dated no later than January 2, 2025, the Municipal
has
on file; and
3. That the private
road width and turning radius is sufficient for emergency vehicles.
MUNICIPALITY OF THE DISTRICT OF SHELBURNE MUNICIPAL PLANNING STRATEGY
SECTION 4.
3 SUBURBAN
DESIGNATION
The following zones
are enabled
in the Suburban
Designation. Any request for a zone
not enabled in this
designation will require a MPS amendment.
Policy 4.
3.
1
Residential Zone
It is the policy of Council
to establish
a zone and zone standards
in the Land Use Bylaw for a Residential
R) Zone in the Suburban Designation. This residential zone shall permit a variety of housing densities and
types, institutional
uses, local commercial
use and home occupations.
Policy 4.
3.
2 Suburban
Commercial
Zone
It is the policy of Council
to establish
a zone and zone standards
in the Land Use Bylaw for a Suburban
Commercial ( SC) Zone. This commercial
zone will permit a variety of larger scale commercial
development
near highway interchanges, on or near major arterial or collector roads, which support the region.
Policy 403.
3 Rezoning to the Suburban Commercial
Zone
It is the policy of Council to permit rezoning to the Suburban
Commercial Zone from any other zone within
the Suburban
Designation, subject to the following criteria and considerations:
1. The property shall front on an Arterial
or a Collector Road, as defined
by the provincial
Department of Public Works;
2. A Traffic Impact Statement prepared by a qualified professional may be required that
demonstrates that the street can accommodate
the proposed future traffic;
3. If the property is not serviced by municipal water or sewer, the property shall be capable
of
receiving the necessary permits from the Province of Nova Scotia;
4. How the proposed zoning, and the uses that it permits, is harmonious with the surrounding
ecological, physical, visual or cultural environment;
5. The economic benefit generated from the proposed
use and how the zoning may support any
economic
development
initiatives
or economic development
plans
or strategies of the
Municipality; and
6. That consideration
is given
to the evaluative criteria in Policy 7.3.
3.
26
MUNICIPALITY OF THE DISTRICT OF S
SECTION 4.
4
INDUSTRIAL DESIGNATION
The Industrial
designation includes lands occupied by existing manufacturing and warehousing operations,
existing marine industrial uses, public and privately
owned
business parks intended to accommodate such
uses, and individual properties
or clusters of properties
for which such uses
are intended. The Industrial
designation is generally applied
on major roadways and at interchanges on Highway
103. It is not intended
to be applied to isolated
Industrial
uses within primarily residential
areas
but may be appropriate for areas
such as business parks and rural areas where Industrial, Commercial, and Institutional
uses may be mixed
or where there are existing or potential future marine
related industrial activities. The Municipality may pre -
zone lands Industrial as part of an economic development
strategy to attract industry.
Policy 4.4.
1 General Industrial
Zone
It is the policy of Council to establish
a zone
and zone
standards
in the Land Use Bylaw for a General
Industrial ( GI) Zone on lands that include existing
industrial uses. Some vacant
lands may be pre -zoned
General Industrial to preserve these sites for future industrial
uses to support economic development
and
business
attraction. By pre -zoning lands, adjacent and future landowners
are aware of potential
land use
conflicts that may occur
with future industrial
activities. Rezoning from any other zone in the Industrial
Designation is permitted subject to the evaluative criteria in Policy 7.3.
3.
Policy 4.4.
2 Development Agreements
Requirements
for C & D Sites
New construction and debris disposal site, may be permitted
by development agreement subject to the
following requirements:
1. That the proposed
uses limits and mitigates risks to the groundwater;
2.
A stormwater
management plan that manages stormwater
on site;
3. Adequate
buffering and landscaping to reduce the visual impact of the use;
4. That the use is positioned to reduce or eliminate the impacts of noise, odour, light and
environmental
contamination
on adjacent uses; and
5. That consideration is given to the evaluative criteria in Policy 7.3.
4.
Policy 4.
4.
3 Marine Industrial Zone
It is the policy of Council to establish a Marine Industrial ( MI) Zone in the Municipality of Shelburne LUB
to support the ocean sector
and coastal activities. This zone will permit a range of marine industrial
uses
from small scale fishing to large scale ocean
sector or other industrial
uses that require direct or indirect
access
to the ocean.
Policy 4.4.
4 Residential
Uses Within the Industrial Designation
Policy 4.4.
4.
1 Existing Residential
Uses
Existing residential located
in the Industrial Designation shall be permitted
and zoned Residential. The LUB
shall require minimum setbacks for new industrial
uses from existing residential dwellings.
MUNICIPALITY
OF THE DISTRICT OF SHELBURNE MUNICIPAL PLANNING STRATEGY
Policy 4.
4.
4.
2
New Residential
Uses
New low density residential
uses associated
with small scale fishing and marine industry
shall be permitted
in the Marine Industrial
Zone. Council recognizes
that it is important to have limited residential
in proximity
to marine
uses. The LUB
shall establish
requirements for residential
development within
the Marine
Industrial Zone including
setback requirements.
Policy 4.4.
5 Rezoning Within the Industrial Designation
It shall be the policy of Council to permit the rezoning from any zone in the Industrial Designation, to any
other zone within this designation
subject to the following:
1.
Council shall give consideration flood risks for lands that are within the Coastal
Hazard Area
Overlay
or areas prone to potential flooding;
2. Heavy industrial
uses
are not permitted within the Coastal
Hazard Area Overlay;
3. Council shall have consideration
for the impacts of traffic, noise, odour or other land use conflicts;
and
4. That consideration
is given to the evaluative criteria in Policy 7.
3.
3.
SECTION 4.
5
SPECIAL PLANNING AREA OVERLAY
There are four areas
within the Municipality where Council wishes to support a variety of potential
uses to
contribute
to the overall economic
activity of the region. Council wishes
to provide maximum flexibility
for
any potential uses but also retain control over certain elements of development
to manage potential conflicts
with any existing
uses.
The Municipality
identified
these
areas where additional planning, analysis and public engagement
are
required before
a final development
plan will be approved.
Public engagement and input beyond what is
required by the Municipal Government Act will be required to ensure compatibility.
Policy 4.5.
1 Special Planning
Area Overlay
It is the policy of Council to enable
a Special Planning Area ( SPA) overlay within all designations. The
SPA overlay shall accommodate
a wide variety of uses by development agreement focused
on larger scale
uses or developments
which realize the economic development
initiatives of the Municipality. The overlay
will permit
uses enabled
by the base zoning and consider
by development agreement unique
uses that
support the economic development
actions of the broader Municipality
MUNICIPALITY
OF THE DISTRICT
OF SHELBURNE
MUNICIPAL PLANNING STRATEGY
Policy 4.5.
2 Development Agreements
for unique uses with the SPA Overlay
It is the policy of Council
to consider unique
uses that carry out the economic development initiatives
of the
Municipality by development agreement. Council shall consider
the following
criteria when considering the
proposed
use:
1. The proposal will bring significant economic development
opportunities
to the region and is
supported by studies or strategies;
2. That the noise, air and visual impacts
to adjacent
residential dwellings are mitigated through the
use of buffering, increased setbacks, landscaping, hardscaping, and other tools and strategies;
3.
If the use requires an environmental
assessment ( EA), that the development agreement require
the EA approval before a development permit is issued and compliance with all conditions of the
EA approval;
4. The lands are comprehensively
planned
and a concept plan for the entire area is provided;
5. The results of a public engagement
process to involve a variety of stakeholders is conducted;
6. If the proposal may generate significant noise or traffic, a traffic or noise study may be required;
and
7. That consideration
is given
to the evaluative criteria in Policy 7.3.
4.
MUNICIPALITY
OF THE DISTRICT OF SHELBURNE
MUNICIPAL PLANNING STRATEGY
PART 5 ENVIRONMENTAL
The environment is not separate from land use but is ingrained and integrated into it. This section addresses
critical environmental features on the landscape
that require special attention.
The District of Shelbume has two main areas where additional policy and regulation
are required
to reduce
the risks associated with coastal flooding
and to protect the drinking
water supplies
of the Town of Lockport
and the Town of Shelburne.
Climate change
will continue to have impacts
on our coastal areas
and the province of Nova Scotia has
identified at risk areas and uses the worst - case scenario of what sea level rise and storm
surge could look
like during high tide in the year 2100. By reducing the development in these at -risk areas, property
and
lives can be better protected and critical infrastructure
investments can be placed
in the most appropriate
location.
In 2023, wildfires
significantly
impacted
Shelburne.
Land
use planning
can
assist
in reducing
risks
associated
with wildfires. As housing
and development creep into forested areas, the municipality
need to
consider how to protect people, their homes and their communities.
SECTION 5.
1
ENVIRONMENTAL
OVERLAY
Policy 5.1.
1 Coastal Hazard
Area
It is the policy of Council
to adopt the coastal flood risk mapping ( Project Worst Case Flooding
in the Year
2100) dated August 1, 2024. developed
by the province of Nova Scotia
and include as an overlay called
Coastal
Hazard Area on the Environmental Overlay on the GFLUM. The province issued
new mapping
data in March 2025 just as these documents
were being finalized. The District of Shelburne did not adopt
this updated mapping
as the consultation phase was completed, and it did not wish to further extend the
Coastal Protection Overlay without additional engagement.
The LUB shall specify the location
of the Coastal
Hazard Area
in the LUB
on
a series of maps called
Coastal
Protection
Overlay Zone Maps" and the conditions and regulations for development
which may be
permitted. Development
within the Coastal
Hazard
Area will be discouraged except for
uses that
can
demonstrate appropriate floodproofing
measures or where occasional
flooding will not cause
life safety
or
damage
to property.
Limited development
may occur within the environmental
overlay zone by site plan approval
for uses that
are not impacted by occasional
flooding, adopt floodproofing
protection
measures
or where
a qualified
expert provides a report indicating
that the area is not at risk of flooding according to the methodology
used
by the Province
of Nova Scotia to develop the Coastal Hazard Area.
MUNICIPALITY
OF THE DISTRICT OF SHELBURNE MUNICIPAL PLANNING STRATEGY
Policy 5.1.
1.
1
Development Within the Coastal Hazard Area
The Marine Industrial zone is the zone most impacted by the Coastal Hazard Area as shown on the
Environmental Overlay on the GFLUM. It is also the place where there is either existing marine uses
or
where future marine uses may wish to locate. It shall be the policy of Council to consider new permanent
structures
over 50 square metres ( 538.
2 square feet) or expansion
to existing
uses
or structures in the
Marine Industrial Zone, except as exempted
by the LUB within the Coastal Hazard Area, by development
agreement subject to the following:
1. The uses shall be limited to those directly related to a use that requires the use to be adjacent
to
the ocean, such as fish processing, shipyards, wharfs and other similar uses;
2. The degree of potential risk to human life, property
and the environment
to the use from coastal
erosion or flooding is low. To help Council
assess this risk, a report from a qualified professional
may be required;
3. That the identified risks
are mitigated through floodproofing measures, erosion control measures
or other similar tools;
4. If there is a portion
of the property that is outside the Coastal
Hazard Area, that as much of the
structure as possible is located outside the flood risk area.
5. Documentation that demonstrates
that emergency
access
to the facility can be maintained
during
extreme
weather
events; and
6. That consideration is given to the evaluative
criteria in Policy 7.3.
4.
Policy 5.1.
1.
2 Coastal Land Use
It shall be the policy of Council to encourage
property
owners
near
the coast
or within Coastal
Hazards
Areas to adopt
coast - friendly
practices,
as
outlined
in
reference
documents
and
information
provided by the Province of Nova Scotia.
Policy 5.1.
2 Municipal Watershed
It is the policy of Council
to include the Rodney Lake Watershed
and
Hayden
Lake Watershed
within the environmental
overlay
on
the
GFLUM. Development
within the two watersheds
is restricted except
for required infrastructure
associated with the drinking
water supply.
Policy 5.1.
3 Parks and Conservation
Areas
It is the policy of Council to protect
and preserve lands with natural
and cultural heritage value through support and/
or partnerships with
not -for-
profit
organizations
and
senior
government
initiatives
to
recognize, preserve and where appropriate
and financially feasible, to acquire and/
or manage culturally,
historically, or environmentally valuable sites for the benefit of the public.
Policy 5.1.
4 Wetland Protection
It is the policy of Council to ensure
that Province of Nova Scotia regulations
pertaining to the preservation
of wetlands are observed and shall require applicants for development
permits to verify the existence and
extent of any wetland on the development property.
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MUNICIPALITY OF THE DISTRICT OF SHELBURNE MUNICIPAL PLANNING STRATEGY
Policy 5.1.
5 Watercourse
Protection
It is the policy of Council
to prohibit through the Shelburne
District
LUB the erection
of any building
or
structure, other than wharves, boat houses, fishery related uses, and government
authorized private
or
public utilities within
15 metres ( 50 feet) of a watercourse. For clarification, the separation distance
or
setback shall be measured
from the edge, meaning the near ordinary highwater mark of the watercourse
and the watercourse setback distance can be defined as being part of any side, rear, or front yard, as the
case
may be, with
the
intention
that the developer
retain
as
much
of the natural vegetation
in the
watercourse setback distance buffer strip
as possible.
Policy 5.1.
5.
1
Provisions for Infrastructure
and Amenities Abutting Watercourses
It is the policy of Council to permit within 15 metres ( 50 feet) of watercourse
bridges, boardwalks, walkways,
and
trails
of limited
width for
non - motorized
modes
of transportation; fences, public
road crossings,
driveway crossings; wastewater, storm, and water
infrastructure; marine dependent uses; fisheries uses;
boat ramps; wharfs; small-
scale accessory
buildings
or structures and attached decks; conservation
uses,
parks on public lands; and historical
sites and monuments.
Policy 5.
1.
5.
2 Watercourse
Maintenance
It is the policy of Council to prohibit alteration
of land levels or the removal
of vegetation within 15 metres
50 feet) of a watercourse
other than trimming and pruning of trees, removal of fallen
or dead vegetation,
and other maintenance that may be required to protect people and animals, and
ensure
the preservation
of natural habitat and flow within the watercourse.
Policy 5A.
6 Wildfire
Risk Mitigation
It is the policy of Council to consider approaches to reduce the risk of
wildfires to property and life. Council
may include requirements
in the
subdivision
bylaw
to require
two
exits
from
any
residential
area,
adopting
private road standards
or restricting
new private roads
in
forested
areas, increasing distances between structures, or requiring
confirmation
of
water
for
fire
suppression
as
part
of rezoning
consideration.
In addition, Council
may require a fire risk assessment
when
considering
new
residential
development
in
Rural
Use
Designations.
Policy 5.1.
7 Steep Slopes
It is the policy of Council to prohibit development
on or within 15 metres ( 50 feet) of lands with a slope of
30%
or greater except on consideration
of a report prepared by a qualified geotechnical engineer confirming
that such development
can be safely constructed and used by occupants
and the public.
Policy 5.1.
8 Top Soil
It shall be the policy of Council
to reduce topsoil removal on lands that are primarily class 2 or 3 agricultural,
as identified
on the Canada Land Inventory.
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DEPARTMENT
MUNICIPALITY OF THE DISTRICT OF SHELBURNE MUNICIPAL PI
I
SECTION 5.
2
WIND TURBINES AND RENEWABLE
ENERGY
The District of Shelburne
is committed
to a future where energy is sustainably produced. This is important
to slow the impacts of climate change so that our communities are viable and safe. Shelburne also wishes
to benefit economically from
these emerging industries
and
hopes to incentivize the renewable energy
industry to come to Shelburne. With the potential of new deep ports, energy infrastructures and the desire
for the Municipality to be a showcase location for renewable energy, land use policy regulations will set a
clear framework for renewable energy projects.
Policy 5.2.
1 Wind Turbine
Policy 5.2.
1.
1
Wind Turbine Classification
It is the policy
of Council
to classify wind turbines into the following categories, and to recognize these
categories in the LUB as the basis for regulating wind turbines:
1. Mini -scale Wind Turbines -- means
a roof mounted or a free-
standing
wind turbine with an overall
height above ground level of 10.
6 metres ( 35 feet) or less.
2. Small-
scale
Wind Turbines -- means
a wind turbine with an overall height above ground level
greater than 10.
6 metres ( 35 feet) but less than 47 metres (
155 feet).
3. Large-
scale Wind Turbines -- means
a wind turbine with an overall height above ground
level
greater than 47 metres ( 155 feet).
Policy 5.2.
1.
2 Mini -Scale and Small -Scale Wind Turbine Development
It is the policy of Council to regulate mini -scale and small-
scale wind turbines through the Land Use bylaw.
Policy 5.2.
1.
3 Large -Scale Wind Turbine Development
It is the policy of Council to permit large-
scale wind turbines over 1.5 kilometers from an existing residential
dwelling within the Rural
Resource ( RR) Zone subject
to the requirements
of the LUB. The LUB shall
establish a minimum
set back from adjacent
habitable dwellings and require a setback from the property
line relative to the height of the turbine. No development permits
shall be issued before an Environmental
Approval
is issued from the authority having jurisdiction.
Policy 5.2.
2 Large Scale Wind Turbine - Development Agreements
It is the policy of Council to consider large scale wind turbines that are
a minimum of four times the turbine
height from an existing habitable dwelling
and
a maximum of 1.5 kilometers
from
an existing habitable
dwelling not located
on the same property by development agreement, subject to the following criteria:
1. The wind proponent provides documentation confirming that it has meaningfully engaged with
the local community and how any concerns
have been addressed;
2. A decommissioning plan that commits to removing
turbine infrastructure within
1 year after
operations
have ceased. The decommissioning plan shall include bonding of 1.
25 times the
value of the turbine at the time of construction. The DA shall specify the terms and condition
of the bonding;
3. Submission
of a site plan that demonstrates adequate access points, buffering, turbine
locations relative to existing habitable dwellings, wetlands and water course locations. Wind
turbines shall not be located closer than 2 times the height of turbine to property lines and
other permanent structures
on the property;
MUNICIPALITY
OF THE DISTRICT OF SHELBURNE MUNICIPAL PLANNING
STRATEGY
4. The submission
of the environmental
assessment approval;
5. Any other required information
related
to evaluate noise and flicker impacts;
6. A social benefits agreement; and
7. Provisions of Policies of 7.3.
4.
Policy 5.
2.
2.
1 .
Social
Benefits Fund
It shall be the policy of Council to require
a social benefit agreement
as a condition
of approval for Large-
scale Wind Turbines. The social benefit agreement may include cash contribution
to a social benefits fund,
delivery
of programs
of benefit
to the Municipality, or community
infrastructure.
Community
benefit
agreements shall be approved by Council
before
a development
permit is granted. Council shall adopt
a
policy to determine
the management of the social benefits fund.
Policy 5.2.
3 Other Renewable
Energy
Uses
It is the policy of Council
to permit solar facilities within any zone, subject to the requirements of the LUB.
Policy 5.2.
4 Hydrogen Facilities
It is the policy of Council
to permit hydrogen facilities
by development
agreement within the Industrial
Designation
and the Special Overlay, subject to the following criteria:
1. Separation from Sensitive
Uses and Areas:
a) The facility
must
be located
a minimum
of 50
metres (
164 feet) from any environmentally
sensitive area, such as wetlands, watercourses, or designated
conservation
lands.
b) The facility
must
be located
a minimum
of 500
metres ( 1,
640 feet) from
any residential
or
commercial
occupancy
to minimize potential risks and impacts
on adjacent uses;
2. Emergency Response Capacity:
a) The proponent
shall demonstrate
that adequate emergency
response
measures
are
in place,
including:
i.
Coordination
with local emergency responders to ensure they are trained and equipped to
respond
to potential incidents at the facility and
ii.
A
site -specific
emergency
response
plan
that
outlines
procedures
for
managing
emergencies, including fire, explosion, or hazardous material release;
3. Coastal Hazard Areas:
a) The facility shall avoid Coastal Hazard Areas wherever possible;
b) If a facility is proposed within
a Coastal
Hazard Area, the proponent shall provide a detailed
environmental
risk
assessment
and
an impact study to evaluate
potential
risks, including
flooding, erosion, and storm surge impacts; and
c) The proponent shall bear the cost of any required peer review of the study to ensure
its accuracy
and comprehensiveness;
MUNICIPALITY
OF THE DISTRICT OF SHELBURNE MUNICIPAL
PLANNING STRATEGY
4. Environmental
Protection:
a) The facility shall
incorporate
measures
to
prevent
environmental
contamination, including
appropriate
containment systems, stormwater
management, and waste
management
practices
and -
b) The
proponent
must
demonstrate
compliance
with
all
applicable
provincial
and
federal
environmental
regulations;
5. Site Suitability and Design:
a) The facility
must
be located
on
a site suitable for industrial
use, with adequate
access
to
transportation
networks for the safe and efficient
movement
of materials and
b) The facility
design
shall incorporate best practices for safety, efficiency, and environmental
performance, including
measures
to minimize noise, light pollution, and other off -site impacts;
6. Monitoring and Reporting:
a) The proponent
shall establish a monitoring
program to assess
the facility'
s ongoing
compliance
with the terms
of the development agreement and applicable
regulations
and
b) Regular
reports
shall
be submitted
to the municipality
to demonstrate
adherence
to safety,
environmental, and operational standards;
7.
If located within the Special Planning Overlay Policy 4.5.
2 shall also apply; and
8. Consideration of Policy 7.
3.
4.
MUNICIPALITY OF THE DISTRICT OF SHELBURNE MUNICIPAL PLANNING STRA
J
SECTION 5.
3
INFRASTRUCTURE
While developers
are responsible to build local roads, water, wastewater, and storm water systems required
to service
new
subdivisions, infrastructure
when transferred
to the Municipality
following
construction
requires ongoing expenditure
for operations and maintenance
at the expense of the Municipality. This may
also require complementary expenditure on community facilities such as schools, and parks and recreation
facilities that municipal governments
may have to build or otherwise support.
Reducing these costs is an important goal of this MPS. It can be achieved
by managing
development to
avoid
the unnecessary expansion of service networks. While agriculture, forestry, and similar
resource -
based
rural
activities
typically
require
extensive
use
of land, residential,
business, and
institutional
development
can
be
more efficiently developed
and managed
if it is concentrated
in nodes
or limited
corridors whereby the length of roads and underground services
can be minimized.
More compact development
can
have important
benefits
for residents
and businesses. In addition
to
reducing
the Municipality'
s
need for taxes, limiting the footprint of development
reduces travel time and
costs with complementary
reductions
in the output of pollutants. More manageable distances
between
home and work or school, or shopping may also allow some residents to walk or cycle rather than drive,
which not only further reduces pollution, but also promotes
healthier lifestyles.
Through
this MPS, therefore, the District of Shelburne
will seek to encourage
a compact land use pattern
by encouraging
new
residential
and business development
within or adjacent to areas where roads and
municipal services are already in place. By having policies
related to new infrastructure and alignment with
land
use designation
and zones, Council goal is to protect the community'
s
rural identity, safeguard
its
natural resources, and ensure the responsible use of taxpayer dollars, all while supporting thoughtful growth
where appropriate.
Policy 5.3.
1 Regulation of Public Streets
It is the policy of Council to regulate the development
of municipal public streets through a Shelburne District
Subdivision
Bylaw and permit the development of new municipal public streets within the Suburban and
Industrial
Designation. New public streets may be considered
subject to the Policies of 4.2.
7.
Policy 5.3.
2 Development at Interchanges
It is the policy of Council to encourage commercial
developments
near interchanges serving Highway
103
or along the Highway 3.
Policy 5.3.
3 Transit Infrastructure
It is the policy of Council to work with and support transit suppliers to enhance transit
service through the
expansion
of routes and
increased frequency
of service
as well as addition of bus shelters and other
supporting infrastructure that will encourage transit ridership.
Policy 5.3.
4 Active Transportation
Network
It is the policy of Council
to consider the development
of sidewalks
and trails for motorized
and
non -
motorized
modes of transportation.
Council
recognizes that cycling
is
an important recreational
and
transportation
choice and will work with non -profits and communities
to identify opportunities
to promote
and support cycling.
MUNICIPALITY OF THE DISTRICT OF SHELBURNE MUNICIPAL PLANNING
STRATEGY
Policy 5.3.
5 Stormwater Management
It is the policy of Council to require and promote effective stormwater management
practices for all new
developments
and municipal projects within the Municipality
of the District of Shelburne. Stormwater
management
shall prioritize the protection
of natural watercourses, the prevention of flooding, and the
minimization
of environmental
impacts.
To the greatest extent possible, new residential subdivisions, industrial and commercial developments
shall
incorporate
stormwater
management
systems
that
align
with
natural
drainage
patterns, minimize
impervious
surfaces, and use green infrastructure
solutions such as bioswales, rain gardens, and retention
ponds where appropriate.
Policy 5.3.
6 Stormwater
It is the policy of Council to incorporate
stormwater management
considerations
into land
use planning,
zoning, and
development
approval
processes. Periodic reviews of this
policy
shall
ensure it remains
responsive
to emerging challenges and opportunities. This includes requiring stormwater managements
for
multi unit residential development, commercial and industrials. This requirement
may be waived by the
Development Officer or Council where stormwater
management plans are not warranted.
MUNICIPALITY OF THE DISTRICT OF SHELBURNE
MUNICIPAL
PLANNING STRATEGY
Policy 5.3.
7 Expansion of Service Boundary
It is the policy of Council
to establish and manage a servicing boundary within the Municipality of the District
of Shelburne as shown on Schedule 2. Central
water and central
sewer
services shall be provided only
within
the defined
boundary
to support sustainable
development,
protect the
rural
character
of the
municipality, and ensure
the efficient
use of public resources.
Requests to expand the servicing boundary shall be considered only under exceptional
circumstances
and
evaluated against the following criteria:
1. Demonstrated
Public
Need: The
request
must
address
a
clear
public
health, safety, or
environmental
concern
that cannot be resolved through alternative
means;
2. Cost Effectiveness: The expansion
must
be financially
feasible
for the municipality, including
consideration
of upfront costs, long-
term operational
expenses, and the equitable
distribution of
costs to taxpayers;
3. Environmental
Impact: The proposed expansion
area must not compromise
sensitive ecosystems,
watercourses,
or other significant
environmental
features. Proposals
must include
measures
to
mitigate any potential environmental
impacts;
4. Alignment
with
Land
Use
Plans: The
extent
to which
the expansion
is consistent
with
the
municipality'
s
land use policies, including the promotion of compact development patterns and the
protection
of rural, resource and agricultural;
5. Infrastructure Capacity: The existing
central
water
and
sewer infrastructure has the capacity to
accommodate
the expansion without negatively impacting
current service levels or will have that
ability in the near term;
6. Community Benefit: Demonstration
of a clear and measurable
benefit
to the broader community,
such
as
improved
public
safety, enhanced
economic
opportunities, or
increased
housing
availability;
7. Impact on resource
uses, particularly agriculture and forestry uses; and
8. Stakeholder Engagement: Consideration
of the comments
from meaningful
consultation
with
affected residents, property owners, and relevant stakeholders.
Periodic review of the servicing boundary may also be undertaken
as part of broader municipal
planning
initiatives to address changing needs
and priorities.
38
MUNICIPALITY OF THE DISTRICT OF SHELBURNE
MUNICIPAL
PLANNING
STRATEGY
PART 6 GENERAL
DEVELOPMENT STANDARDS
The following policies provide the basis for the Subdivision
and LUB. They address the subdivision of land,
development
on public
or private
roads, development
of land under conditions that would not ordinarily
meet the requirements of a LUB, and general
requirement
provisions
for all zones ( such
as parking,
signage, home occupations, etc.).
SECTION 6.
1
SUBDIVISION BYLAW
Shelburne
District Subdivision
Bylaw
regulates
the subdivision of land and sets
out standards for the
construction
of new roads and the installation of water
and
sewer services
in serviced
areas. When
subdividing land, a developer is required to provide a 5%
dedication of land to the District for park and open
space purposes or in lieu of land, a cash equivalent. In addition, the Subdivision Bylaw requires developers
to pay for the construction
of any new roads and the installation of water
and sewer services. Provincial
subdivision requirements
will be in force until such time as Shelburne adopts its own subdivision
bylaw.
The
Subdivision
Bylaw has
a key role
to implement MPS policies
encouraging
the concentration
of
development in serviced areas. At the same time, the Bylaw requires
the flexibility to address the traditional
lotting pattern that characterizes much of the rural area covered by this Plan. Currently Shelburne
uses the
provincial
subdivision bylaw but plans to adopt its own Bylaw in the future.
Policy 6.1.
1 Establishment of Subdivision Bylaw
It is the policy of Council
to adopt
and maintain
a subdivision bylaw for Shelburne District to set
out
regulations
for the subdivision of land including
standards for road construction
and the installation
of
services, open space dedication, cash in lieu of land dedication, and other requirements
in accordance with
the permissive content provisions
for subdivision of land in Part 8 of the MGA. Until such time as Shelburne
adopts
a subdivision bylaw, the regulations
of the provincial subdivision bylaw shall remain in effect.
Policy 6.1.
1.
1 Compliance of Subdivided
Lots with LUB Requirements
It is the policy of Council to require that all new lots abut a public or private street, road, or highway and
meet the area and frontage
requirements
provided in the Shelburne
District LUB for the zone in which the
property to be subdivided is located, except
as otherwise exempted.
Policy 6.1.
1.
2 Exceptions to Requirements
It is the policy of Council to permit the approval of lots that do not meet all requirements of the LUB and/
or
the
Subdivision
Bylaw, including provisions
in the Shelburne
District LUB to allow for the issuance of
development permits for the development
of lots subdivided in the following circumstances:
1. Where a lot legally is in existence on or before the effective date of the Subdivision Bylaw
contains two or more existing main buildings and the owner wishes to rationalize
an existing
situation by creating
a separate
lot for each building, provided that each new lot meets
the
requirements of Nova Scotia Environment and Climate Change, and Public Works, and contains
at least one main building
and retains a minimum of 12.
2 metres ( 40 feet) of frontage along a
public or private street, road, or highway;
2. Where a lot with 40 metres ( 200 feet) of lot frontage was legally
in existence
on or before the
effective date of the Subdivision Bylaw, or is located within
the Rural Use ( RU) Zone, but is
lacking the frontage required for two lots in the applicable
zoning category, and the owner wishes
to subdivide the lot to allow a new flag lot to be created, provided the lot has sufficient area to
MUNICIPALITY
OF THE DISTRICT OF SHELBURNE MUNICIPAL
PLANNING STRATEGY
meet all other bylaw requirements including
minimum lot areas
and yard setbacks with access to
the street via a minimum 12.
2 metre ( 40 foot) strip for driveway access;
3. Where a maximum of two lots will be created that both have 90%
or more of the required
minimums for lot area and frontage; and
4. Where a development component
of a permanent nature
such as a structure, driveway, well, or
septic tank is encroaching in or on an abutting
property, the lots affected may be subdivided to
the extent necessary and practical to remove the encroachment.
SECTION 6.
2
LAND USE BYLAW
The LUB, as stated previously, will implement the land
use intent of this MPS. While the primary purpose
of the Bylaw is to identify and apply zones, it also contains additional
requirements that shall apply to more
than one land use
or to all land uses pursuant to the policies
of this MPS. It must also have the flexibility to
address situations
where past subdivision
and construction does not satisfy LUB requirements, but where
Council
wishes
to
preserve
existing
uses
and
structures
and
permit their
continuation
and, where
appropriate, change and expansion.
Policy 6.2.
1 Establishment of the Land Use Bylaw
It is the policy of Council to create and maintain
a Land Use Bylaw or LUB that will implement the land use
policies of this MPS through the identification
of zones for specific land uses and adoption of standards for
construction of those land uses.
Policy 6.2.
1.
1
General
Provisions
It is the policy of Council to include in the LUB a section titled General
Provisions
For All Zones that sets
out the development standards, relating to matters
such as loading; accessory uses and structures; lighting;
signage; permitted encroachments
into yards, and home occupations, among other matters.
Policy 6.2.
1.
2 Sign Provisions
For reasons of public safety, visual appearance, and to avoid
a proliferation of signs, sign requirements
dealing with the size, location, illumination, type, and number of commercial
signs shall be included
in the
LUB. In addition, certain types of commercial signs shall be prohibited completely
or prohibited in specific
zones and other types of signs, not requiring a development permit, shall be permitted in all zones.
Policy 6.2.
1.
3 Additional
General Provisions
Additional
standards in the General Provisions section of the LUB shall include:
1. Provisions respecting
temporary buildings ( e.g.,
construction huts), temporary
uses and special
occasions, such as fairs, that shall not require
a development permit but shall be subject to time
restrictions;
2. Provisions respecting illumination from lights such that it is directed away from abutting lots for
privacy
and to prevent
nuisance situations;
3. Provisions with respect to accessory buildings
to ensure
a subordinate
relationship to the main
use;
4. Provisions
with respect to permitted encroachments
into yards to allow for some architectural
flexibility and to meet accessibility
standards;
MUNICIPALITY
OF THE DISTRICT OF SHELBURNE
MUNICIPAL
PLANNING STRATEGY
5. Provisions
with respect to traffic movement for vehicular and pedestrian
safety reasons
including
development in corner vision triangles;
6. Provisions to permit the development of government
authorized, private or public, operated
utilities within any zone or within the watercourse setback; and
7. Provisions to permit the keeping
of agricultural
animals as a primary use or as an accessory
use
to an existing residential
use.
Policy 6.2.
1.
4 Provisions for Existing
Lots with no Street Frontage
It is the policy of Council
to include provisions
in the Shelburne District LUB to allow the reasonable use of
a lot legally existing on or before the effective date of the Shelburne
District
LUB coming into force that
does not meet the required
lot frontage on a municipal or provincial
public street or highway or private road,
provided
that all other applicable sections of the LUB are met.
Policy 6.2.
1.
5 Existing Undersized
Lots and Existing Buildings
It is the policy of Council to include provisions in the Shelburne District LUB to allow a lot legally existing on
or before the effective date of the Shelburne
District LUB coming into force that has less than the minimum
frontage or area or both required
by the LUB, or has been subdivided
in accordance with Policy 6.
1.
1.
2 to
be used for a purpose permitted
in the zone in which it is located.
Policy 6.2.
1.
6 Buildings on Undersized
Lots
It is the policy
of Council
to include provisions in the Shelburne District
LUB to allow
a building
legally
erected on a lot on
or before the effective date of the Shelburne
District LUB coming into force that does
not
meet
the
requirements
of
the
LUB respecting
lot
area, frontage, or
setbacks
to
be
enlarged,
reconstructed, repaired, or renovated, except as provided for in other policies of the MPS.
MUNICIPALITY
OF THE DISTRICT OF SHELBURNE MUNICIPAL PLANNING STRATEGY
PART 7 IMPLEMENTATION
Policies in this part establish procedures for reviewing, amending, and applying the MPS and LUB, including
public consultation procedures.
SECTION 7.
1
PLANNING
DOCUMENT
REVIEW AND AMENDMENTS
While Council does make provisions
in every plan to consider policy changes and amendment requests
to
its planning documents, Section 214 (2) of the Municipal Government Act requires a Municipality
to include
policies
in their planning documents on how it intends to review a MPS and LUB. For this purpose, Council
intends this MPS to be a ten-
year plan. Council will treat the MPS as a living
document
and make period
updates to respond
to emerging trends and situations, comply with provincial guidance or legislation or to
address issues in the public interest.
Policy 7.1..
1
MPS and LUB Review
It is the policy of Council to commence
a review of the Shelburne
District MPS and the Shelburne District
LUB within ten years after the effective
date to ensure that the planning
documents remain consistent with
the planning
and development control needs of the Municipality.
Policy 7.1.
2 Conditions for Amending the MPS
It is the policy of Council to amend this Plan where any of the following occurs:
1. A change to the intent of one or more
MPS policies;
2. A change to the GFLUM;
3. Where the plan is in conflict with a Provincial Govemment
land use policy or regulation;
4. Where a requested amendment to the LUB is in conflict with this Plan and there
are valid reasons
for an amendment
to address the conflict; or
5. Where a secondary planning strategy is to be incorporated into this MPS.
SECTION 7.
2
DEVELOPMENT
OFFICER
Municipal
Government Act requires a municipality
to appoint a Development Officer to administer their LUB
and Subdivision Bylaw.
Policy 7.2.
1 Appointment of Development
Officer
It is the policy of Council, as required
by Section 243(
1)
of the Municipal
Govemment Act, to appoint
Development
Officers
to administer
the
Shelburne
District
LUB
and
the
Subdivision
Bylaw for the
Municipality
of the District of Shelburne
42 '
e.
MUNICIPALITY OF THE DISTRICT OF SHELBURNE MUNICIPAL PLANNING STRATEGY
SECTION 7.3
SHELBURNE
DISTRICT LAND USE BYLAW
Shelburne
District
LUB
is the principal
mechanism by which
the
land
use policies
of this
MPS
are
implemented, and as such, the LUB defines applicable land use zones, permitted
uses, and development
standards that reflect the policies of this Plan. Development standards may vary according to the use, zone,
and location.
The common theme throughout
the LUB is that Council has set appropriate development standards that
aim to maintain sufficient control to ensure good quality, compatible
development
within the Municipality of
Shelburne; however, the need
may arise
to change
Bylaw
provisions
and standards
in response
to
changing conditions and opportunities
either within the context
of established MPS policy or pursuant
to
amended MPS policy.
Applications
for a LUB amendment, whether a rezoning or a text amendment, require careful consideration
of the circumstances surrounding the request and Council
has established policy below setting out criteria
for such consideration. To ensure
Council'
s
informed consideration, it is incumbent
on the applicant
to
supply sufficient
information to Council so Council
can adequately evaluate the application.
Policy 7.3i
LUB Content
The LUB shall state in text, the permitted
or prohibited
uses and development standards, while identifying
on the Zoning
Map
the division
of land into zones. These regulations
and
zones
shall be generally
compatible
with the
policies
of the MPS. The Zoning Map, appended
as Appendix
A to the LUB, shall
represent
the geographical
extent of all zones
in the Planning Area. The LUB shall also include a Coastal
Protect Overlay Zone map.
Policy 7.3.
2 LUB Provisions
It is the policy of Council
to regulate the use and development
of land, buildings and structures
in the
LUB. This LUB shall also contain provisions, regulations, and development standards, which may vary
according
to the use, zone and location, including but not limited to:
1. Requirements for municipal development permits and the submission of supporting
documentation;
2. Listing of permitted
or prohibited
uses in a zone;
3. Permitting
multiple
uses, buildings, or structures
to be developed on a lot and provisions
with
respect
to permitting multiple uses to be developed within a building;
4. Regulate the location of buildings
and structures
relative to other buildings and structures;
5. Regulate the location of buildings and structures
relative to public roads
and watercourses;
6. Regulate
the location of buildings and structures
relative to property boundaries;
7. Waiving
the minimum property
setback requirement to permit the rotor blade of a large-
scale wind
turbine to overhang a property
in the same ownership;
8. Regulate the height of buildings
or structures;
9. Regulate or prohibit the placing of signage on buildings, structures
or property;
10. Nonconforming
uses of land, nonconforming structures and nonconforming
uses in a structure;
43
MUNICIPALITY OF THE DISTRICT OF SHELBURNE
MUNICIPAL PLANNING
STRATEGY
11. The regulation of main buildings and structures and accessory buildings and structures on a lot;
and
12. The regulation of mini -scale, small-
scale,
and large-
scale wind turbines.
Policy 7.3.
3 Amending the LUB
Council
may entertain applications to amend
this LUB and what additional information
must be submitted.
However, there may be instances where Council may wish to entertain amendments
to the LUB concerning
the requirements
established
in the LUB.
Policy 7.3.
3.
1
Criteria
for Amending the LUB
In considering
an application to amend the LUB, Council shall ensure that the amendment is in conformity
with the intent and policies of this Plan, the requirements of the Municipal
Government Act, and is not
conflicting
other
areas
of the LUB. Council
shall
also
ensure
that the proposal
is
not premature
or
inappropriate
by reason of:
1. The financial capability of the Municipality
to absorb any costs relating to the development;
2. The proposal not being consistent the remaining
requirements
of the LUB;
3. The extent to which development
might conflict with any adjacent
or nearby land uses, buildings
or structures by reason
of the type of use proposed; the compatibility of its design; the impact of
height, bulk and lot coverage of proposed
buildings or structures; and the impact of nuisance
factors from the proposed development
such as illumination, flicker, noise, vibration, shadows,
dust, odors, and other safety concerns
related to the development;
4. The adequacy of road networks, in, adjacent to, or leading
to the development, the adequacy of
provisions for vehicle access to and from the site, and the adequacy of provisions
for on and off -
site parking
and loading
areas;
5. The adequacy of physical site conditions for, and the provision of, on -site sewage disposal, water
and storm water management, where not connected
to a municipal system;
6. The adequacy of municipal services with particular regard to the demand the proposed
development
will have on the municipal storm water system, sanitary sewer system, and water
system;
7. The presence
of significant natural features or buildings or sites of historical
or architectural
significance;
8. The suitability of the proposed site in terms
of steepness of grades, soil, or geological conditions
and the potential for the creation of erosion
or sedimentation;
9. The potential impact of the development on watercourses, coastal risk areas, water supply areas,
protected wetlands, or other sensitive habitat, and on endangered species
in the area of the
proposed site;
10. The proposal
not meeting the requirements of any other applicable municipal, provincial, or
federal government or First Nations department, authority, board, band, or agency and not having
been granted a permit, license, authorization, or approval of any other applicable provincial or
federal government
or First Nations department, authority, board, tribunal, band, or agency; and
11. The potential risk of wildfires to the proposed
site.
MUNICIPALITY
OF THE DISTRICT
OF SHELBURNE MUNICIPAL PLANNING STRATEGY
Policy 7.3.
3.
2 Information
Required
for Application to Amend the LUB
Council
may require that any or all the following information
be submitted by the applicant
in text, map,
photographic, or electronic form to explain and support applications for LUB amendments:
1. Information as to the physical and environmental characteristics
of the proposed site, including
information regarding topography, contours, elevations, dimensions, natural drainage, soils,
geological features, watercourses, wetlands, swamps, or marshes, existing vegetative cover, and
vegetative
cover to be retained;
2. Information
as to the lot area, dimensions, ownership, and location of the property;
3. Information
as to the proposed
location, height, color, dimensions, nameplate capacity in the case
of wind turbine developments, and use of all existing and/
or proposed buildings or structures
to
be built, erected
or altered
on the site;
4. Information
as to the adequacy of municipal services with particular regard to demands on the
municipal storm water system, sanitary sewer systems, water system, fire protection, solid waste
collection, police protection, existing schools
and churches;
5. Information on how stormwater
will be balanced
on site and required onsite infrastructure
to
support stormwater
management;
6. Where central piped services
are not to be provided, information
as to the adequacy of physical
site conditions for on -site sewage, water, and storm water management;
7. Information as to the adequacy of the proposed
access
to and from the lands and estimated
traffic flows to be generated
by the proposed development, as well as parking and loading
provisions;
8. Information
as to intended outdoor storage and/
or display, and commercial signage;
9. Information
as mitigation of the impact of nuisance factors such as illumination, flicker, noise,
vibration, shadows, dust, odors and other safety
concerns
related to the development;
10. Information
as to the separation
distance of the development from other buildings
or structures,
setback distance from public roads, watercourses, and property
boundaries, and buffering
between the proposed development and adjacent buildings, structures, and properties;
11. Information as to the presence of significant natural features or buildings or sites of historical or
archaeological significance;
12. Information as to the presence of sensitive habitat or endangered species on the site of the
proposed
development;
13. Copies of a permit, license, authorization, or approval from any other applicable provincial
or
federal government
or First Nations department, authority, board, tribunal, band, or agency
approving the design and operation
of the proposed
use, building, structure, or project; and
14. A suitability
study specified
by the Municipality to justify the requested amendment.
MUNICIPALITY
OF THE DISTRICT OF SHELBURNE
MUNICIPAL PLANNING STRATEGY
Policy 7.3.
4 Development Agreements
Development agreements
provide
a flexible approach
to approving
development
applications
through
structured
negotiation
between Council and the development
proponent. A development agreement
is a
formal written agreement between Council
and
a developer and
as such is binding
on both parties. As
provided for through
the provisions of the Municipal Government Act, where a Council
intends to regulate
development by way of a development agreement, a municipal planning strategy
is required to establish
policy with regard to the types of development that can be considered
by development
agreement; those
items that may form a part of the development
agreement; and evaluation
criteria that Council shall consider
prior to entering
into a development agreement. Policies establishing
the types of development subject to
development agreements
are found
in the
land
use
sections
of this Shelburne
District
MPS and
are
implemented
by the LUB. The evaluative
criteria for a development agreement
as well as items to be
included in the agreement
are summarized
in the following
two policies.
Policy 7.3.
4.
1
Criteria for a Development Agreement
It is the policy of Council to establish
the following criteria for a development agreement, or an application
for an amendment to an existing development
agreement.
It is further the policy of Council
to have regard to the provisions of Policy 7.
3.
4.
2 conceming the content
of a proposed development agreement
and Policy 7.3.
4.
3 concerning the provision of information by the
applicant:
1. The adequacy
and the proximity of the proposed development
to recreation and other community
facilities;
2. The impact of the proposed development on existing nearby land uses with particular regard to
the use and size of the structures that are proposed, buffering and landscaping, hours of
operation for the proposed
use ( where applicable), and other similar features of the use and
structure in order to minimize any potential land use conflicts;
3. The adequacy of municipal
services
with particular regard to demands
on the municipal storm
water, sanitary sewer, and water systems: fire protection: solid waste collection: police protection;
and existing schools;
4. The adequacy
of provisions for on -site sewage disposal and on -site water where the proposed
development will not be connected
to a centralized municipal system;
5. The impact of and the adequacy
of proposed pedestrian and vehicular traffic circulation with
particular regard to the traffic that the development will generate, the adequacy of the proposed
access
and egress points from the site, traffic flows in and around the site in terms of its ability to
handle any new traffic and the adequacy of the proposed parking areas;
6. The impact of the proposed development
on structures
on the immediately
abutting
lots in terms
of such considerations
as height, roof line, setbacks, and lot coverage to minimize
any potential
land use conflicts
between the proposed development and structures on abutting properties;
7. The adequacy
of the proposed lot to ensure
that adequate screening and landscaping
can be
undertaken to minimize the potential for any land use conflicts with adjacent
uses; and
8. The suitability of the proposed site in terms of steepness of grades, soils and geological
conditions, location of watercourses, wetlands such as marshes, swamps, and bogs and the
proximity to highway ramps, and other nuisance factors.
46
MUNICIPALITY
OF THE DISTRICT
OF SHELBURNE MUNICIPAL PLANNING
STRATEGY
Policy 7.3.
4.
2 Development Agreement
Terms
It is the policy of Council, when
considering
an application
for
a development
agreement
approval
application
or an application
for an amendment to an existing development agreement, that the agreement
or amendment agreement may include, but is not limited to, some
or all the following terms:
1. The specific
use and size of a structure, either new
or an expansion of an existing structure, the
minimum lot sizes and accessory uses;
2. The regulating
or prohibiting of the use of land or the erection or use of structures except for
purposes as may beset out in the agreement;
3. The location of any structure
within the development;
4. The percentage
of land area that may be built upon, setbacks and the size of yards, courts
or
other open spaces;
5. The external appearance of structures, in particular the compatibility with adjacent structures and
uses
in terms of architecture and appearance, with respect to, but not limited to, height, roof type,
window type, building cladding, and building footprint;
6. Adequacy of access to and from streets and parking;
7. Adequacy of the proposed landscaping or buffering of development which may include fencing,
vegetation, walkways and lighting and their compatibility
with adjacent structures
and uses;
8. Other forms of advertising, open storage and screening, the provision of services
and utilities,
time limits for the initiation of construction ( and may include phased construction);
9. The hours of operation
and the maintenance of the property;
10. The adequacy
of stormwater management
infrastructure
on site to ensure
stormwater managed
on site;
11. The maximum density of the population within the development;
12. Any other matters
that may be addressed in a LUB which Council feels is necessary to ensure
the compatibility of the development
with adjacent uses, structures
and areas;
13. Bonding, as enabled by the Municipal Government
Act; and
14. It is also the policy of Council to require, where applicable, that the development agreement be
accompanied by a site plan or other clear description showing the existing
and proposed site
characteristics, and existing and proposed developments that shall form part of the agreement. A
development agreement
shall not require an amendment
to the LUB but shall be binding to the
property
until the agreement
or part thereof
is discharged. Information required for evaluation
of a
proposed development agreement
or amendment to an existing development agreement may be
required to be submitted ( in text, map, or photographic form) by the applicant
pursuant to Policy
7.3.
4.
3
MUNICIPALITY OF THE DISTRICT OF SHELBURNE
MUNICIPAL PLANNING STRATEGY
Policy 7.3.
4.
3 Information
Required
for a Development Agreement Application
Council
may require that any
or all the following information
be submitted (
in text, map, or photographic
form) by the applicant when submitting
applications for development
agreements, or amendments
to
an
existing development agreement:
1. Information
as to the physical and environmental characteristics
of the proposed site including
information
regarding topography, contours, elevations, dimensions, natural drainage, soils,
existing watercourses, vegetative cover, size and location
of the lands;
2. Information
as to the location, height, dimensions
and use of all buildings or structures proposed
to be built or erected
on the lands;
3. Information
as to the adequacy
of the proposed provisions for site drainage
and servicing with
water supply and sewage disposal or if central piped services
are not provided, the adequacy of
physical site conditions for private
on -site sewer and water systems and storm
water
management;
4. Information as to the adequacy of the access to and from the lands, estimated
traffic flows to be
generated and parking provisions;
5. Information
as to intended
hours of operation, open storage, and signs;
6. Information
as to provision of appropriate buffering between the proposed development and the
adjacent structures and/
or uses; and
7. Presence of significant natural features or historical buildings or sites of historical
or
archaeological significance.
Policy 7.3.
5
Site Plan Approvals
Site Plans are approved by the Development Officer according to specific requirements in the LUB. It shall
be the policy of Council to establish
the following requirements for Site Plan approvals:
1. Establish specific uses and criteria in the LUB for those uses
that require site plan approval;
2. To require written acknowledgement of the conditions
and requirements
of the site plan approval;
3. To establish
a site plan notification
and appeal process
as per the MGA;
4. To allow the development
to request information to evaluate the site plan against the criteria in
Policy 7.3.
4.
2;
and
5. To allow the development officer, at their discretion, to seek advice from Council
before granting
or rejecting site plan application.
Policy 7.3.
6 Rezoning Without Amending
Designation - Adjacency Policy
It shall be the policy of Council
to consider the rezoning of a property to the zoning of the adjacent property
without requiring
an amendment
to this Plan, subject to the other policies of this Plan.
48 '^
MUNICIPALITY
OF THE DISTRICT OF SHELBURNE
MUNICIPAL
PLANNING STRATEGY
Policy 7.3.
7
Completeness of Applications
Applications for development
agreements, site -plan approval, or LUB amendments, whether a rezoning or
a text amendment, require careful consideration
of the circumstances
surrounding the request. The onus
therefore falls to the applicant
to provide adequate
and accurate information
to make the case for receiving
development
agreements, site -plan approvals, or LUB amendments. However, because
the complexity of
requests varies, the nature
of the information to assess the request will also vary.
Policy 7.3.
8 Variances
There are situations related to development
that cannot be predicted. To ensure that undue hardship is not
caused by requirements for developments, the Municipal Government Act provisions regarding variances
shall be permitted.
It shall be the policy of Council to enable the Development Officer to vary the following
Land Use Bylaw
requirements or terms
in a development agreement if provided for in the development agreement:
1. The percentage
of land that may be built on;
2. The size or other requirements relating to yards, lot frontage or lot area;
3. The number of parking and loading spaces required;
4. The ground
area and height of a structure;
5. The floor area occupied
by a home -based business; and
6. The height and area of a sign.
MUNICIPALITY
OF THE DISTRICT OF SHELBURNE MUNICIPAL PLANNING STRATEGY
SECTION 7.
4
PUBLIC CONSULTATION
There
are
many contributing
factors
when
developing
or amending
planning
documents. The input,
guidance and knowledge of local residences and businesses
is a fundamental element for the drafters of
the documents
and for Council
when considering
changes. Notification
processes, public engagement
tools and transparency
will help build knowledge
and build trust.
Policy 7.4.
1 Notification of Variance
and Site Plan Approval
It is the policy of Council
to send notification within
seven days of a decision by the Development Officer
granting
a variance
or site plan approval to all property owners
within a minimum 30 metres ( 100 feet) of
the affected property by personal service
or regular mail. Altemative
delivery mechanisms
can be used as
enabled by the MGA.
Policy 7.4.
2 Public Participation Program
It is the policy of Council
to adopt a public engagement program
that adheres to the following principles:
1. That impacted neighbours of a proposed development agreement
or planning document change
are notified by mail or personal notice, or as permitted by the MGA, as amended
from time to
time;
2.
For significant policy changes
or adjustments, Council
will utilize the policies contained
in Policy
7.4.
3;
and
3. That Council shall revisit the Public Participation
Program regularly and update it to reflect best
practices, the needs of the Municipality and the requirements
of the MGA, as amended
from time
to time.
Policy 7.4.
3 Extending the Public Participation Program
It is the policy of Council to extend the public participation program, where Council deems it to be applicable
and warranted, in relation to applications for LUB text
or rezoning
amendments
and amendments
to this
MPS to require
more advertisements
or more information
in the advertisement
or otherwise
vary the public
information
process
set out in Municipality of the District of Shelbume Policy.
Council
may, in any matter, choose to extend the public information
process
more widely, require
the
Development
Officer
to notify all landowners
within
a minimum
100
meters
of the affected property
by
personal service or regular mail, require more advertisements
or more
information
in the advertisement
or
otherwise vary the public information
process, so long as the minimum set out above is met.
Council, in the case of a LUB amendment
or development agreement, or their subsequent amendment
which does not require Ministerial approval, allows the Municipal Clerk to refer the application to an Advisory
Committee, if established by Council, for recommendation and to set
and advertise
a date for a public
hearing for Council.
50 '~
r!r.
MUNICIPALITY OF THE DISTRICT OF SHELBURNE M
1. PLANNING STRATEGY
Li
Policy 7.4.
4 Notifying Abutting Municipalities
It shall be the policy of Council to require the following notification standards when consulting with abutting
municipalities
as required by the MGA:
1. Notification shall occur under
the following
circumstances directed by Council:
The creation or review of a Municipal Planning Strategy;
The creation
or review of a Land Use Bylaw;
The creation or review of a Subdivision
Bylaw;
The preparation
of a draft Development Agreement, where the property is located within 500
metres
of the Municipality Boundary;
The preparation of amendments
to a Municipal Planning Strategy or Land Use Bylaw, where
the amendment is for a property
located within 500
metres
of the Municipality boundary, or
where the amendment has potential to impact a property
located within 500 metres of the
Town boundary; and
The preparation
of amendments to a Municipal Planning Strategy or Land Use Bylaw, where
the amendment
is associated with the Statements
of Provincial interest;
2. Notification shall be sent by regular mail or electronic
mail to the Clerk of the adjacent
municipality. The notice shall provide a general summary of the proposed work and provide
an
opportunity for the abutting municipality to submit comments
on the proposal;
3. Comments
received from the abutting municipality shall be considered
at a Council meeting prior
to Council giving first reading; and
4. The notification and opportunity
to submit comments
prior to the date of the first reading shall be
deemed as having solicited
comments, regardless
of whether a written response is received.
SECTION 7.
5
COST RECOVERY
The MGA permits
a municipality to recover notification
and advertisement
costs, as well as processing
costs associated with MPS and LUB amendments, variances, and development
permits. Costs
can
be
expected to change over time and may also vary in relation to the scope of the application
in question.
Policy 7.5.
1 Advertising Costs Associated
with Amendments, Site Mans and
Variances
It is the policy of Council to include provisions in the LUB regarding an administration deposit fee to cover
the cost of advertising for development agreements, MPS and LUB Amendments
and Variances. and the
processing
costs
for notification
of affected property owners. As estimated
by the Council, the applicant
shall deposit
to the Municipality an amount
sufficient to pay the cost of all advertising and notification
with
respect to the application. Should the notification
or advertising cost be more than the established
deposit,
the applicant may be billed for the difference, or if the cost is less than the established
deposit, the applicant
shall be refunded the difference.
Policy 7.5.
2 Processing
Costs for Amendments
and Permits
It is the policy of Council
to include
provisions
in the LUB regarding
an
administrative
processing fee to
recover
costs
associated
with applications
for development agreements, MPS and LUB Amendments,
Variances, and Municipal Development Permits.
MUNICIPALITY OF THE DISTRICT OF SHELBURNE
MUNICIPAL PLANNING STRATEGY
Policy 7.5.
3 Evaluation
It shall be the policy of Council
to evaluate the progress toward
the goals and objectives of this municipal
planning strategy through the following metrics, as administrative
capacity permits. Council
can adapt the
specific
evaluation
metrics to better evaluate the goals of this Plan.
1. Movement Toward
a Resilient and Sustainable
Community
Percentage change
in the number of initiatives addressing
climate adaptation ( e.g.,
wildfire
preparedness, coastal erosion mitigation) and infrastructure upgrades over time.
Improvement
in community resilience indicators ( e.g.,
emergency
response times, number of
community
projects funded to enhance sustainability).
2. Advancement of Flexibility, Simplicity, and Clarity.
Stakeholder survey results
on perceptions of policy clarity and ease of application, tracked
periodically to reflect increased understanding of the vision.
3. Progress Toward Business Growth
and Job Opportunities-
Tracking the number and scale of new business initiatives, start-
ups, or job creation projects
initiated
under the MPS.
Quantitative changes
in local employment rates
or economic growth
in key sectors ( e.g.,
manufacturing, tourism) directly tied to MPS -supported projects.
4. Achievement of Resource Preservation
and Environmental
Responsibility
Percentage
increase
in protected natural
areas, conservation
projects, or environmentally
sensitive developments guided by the MPS.
Reduction
in
environmental
impact
metrics (
e.g.,
greenhouse
gas
emissions,
energy
consumption) for new developments, measured against baseline levels.
5. Preservation of the Rural Lifestyle and Enhancement
of Community Identity
Change in development
density in rural -designated areas, ensuring growth remains balanced
with preserving
rural character.
Resident satisfaction ratings regarding quality of life and the maintenance
of traditional rural
landscapes, measured
via periodic community surveys.
6. Strength
and Transparency
of Community Engagement and Collaboration
Frequency and quality ( e.g.,
survey scores) of inter -municipal
and cross - sector engagement
sessions that directly reference the MPS vision.
Increase in formal partnership agreements or joint initiatives
that specifically target shared
goals outlined in the vision ( such
as heritage preservation
or sustainable
tourism).
APPENDIX
A
GENERALIZED
FUTURE LAND
USE MAP
e
Apliti
Land
Use
o
agneaon
NM
Industrial
Rural
Suburban
MPS
Appendix
A
Municipality
of the District of Shelburne
Generalized
Future
Land
Use Map
Approved
on:
Map update:
amended
on:
rune:
1.
65.
000
o
2
e
oat
2,
a .,
Shelburn
Legend
environmental
Overlay
municipal
Watershed
Area
Special Nanning Area
Ove
lsy
Special Planning
New
u
4.1,
4w)
0w
1...
W.
410.--
Roadways
Pronndal
Road
Municipal
Road
Private
Rood
Rail
Trail
Shelburne
Disclaimer: This map is a graphic representation
of
property
boundaries and areas serviced, or have potential
to be serviced by municipal
sewer. It is not a survey and
is not intended to be used to calculated exact dimensions
of area.
REPEAL
All former Municipal Planning Strategies passed by the Council of the Municipality of the
District of Shelburne are hereby repealed, and replaced with this Municipal Planning
Strategy.
FIRST READING: May 27, 2025
NOTICE, IN PAPER, TO PUBLIC: June 5, 2025
SECOND READING: June 25, 2025
DATE OF AD, IN PAPER, REGARDING
PASSAGE OF RELATED LAND USE BY-
LAW:
ADOPTED
BY THE COUNCIL OF THE MUNICIPALITY
OF THE DISTRICT OF SHELBURNE
ON THE 25th
DAY OF .Lurie, 2025.
CLERK ( SIGNATURE):
DATE: i'
1:, 2_
02
CLERK ( PRINT): ER N HARTLEY
MAILED TO DEPARTMENT
OF MUNICIPAL AFFAIRS: JULY 18, 2025
EFFECTIVE
DATE OF BY-
LAW UNLESS OTHERWISE
SPECIFIED
IN THE TEXT OF THE BY-
LAW.
THIS IS TO CERTIFY that the foregoing is a true copy of a By-
Law passed at a duly convened meeting of the Council of the
Municipality of the District of Shelburne, held the 25th day of
June, 2025.
Given under the hand of the Clerk and under the seal of the
Municipality of the District of Sheburne this 18th day of July,
2025.
ERIN HARTLEY
MUNICIPAL CLERK
7
OCTOBER 30, 2025
MUNICIPALITY
OF THE DISTRICT OF SHELBURNE LAND USE BYLAW
Contents
PART 1.
TITLE, INTRODUCTION
AND PURPOSE
1
PART 2. DEFINITIONS
2
PART 3.
ADMINISTRATION AND INTERPRETATION
18
SECTION 1. ADMINISTRATION
18
18
SECTION 3. INTERPRETATION
OF ZONE BOUNDARIES
AND SYMBOLS
18
SECTION 4. INTERPRETATION OF CERTAIN
WORDS
18
SECTION 5. PERMITTED USES
18
SECTION 6. DEVELOPMENT
PERMIT
19
SECTION 7. NO DEVELOPMENT
PERMIT REQUIRED
19
SECTION 8. APPLICATION FOR DEVELOPMENT PERMIT
20
SECTION 9. SIGNATURE
FOR APPLICATIONS
20
SECTION 10. USES PERMITTED
BY DEVELOPMENT AGREEMENT
20
SECTION
11. VARIANCES
21
PART 4.
APPLICATION
FEE
22
SECTION 1. EFFECTIVE
DATE OF BYLAW
22
SECTION 2. RENEWAL
OF A DEVELOPMENT
PERMIT
22
PART 5.
GENERAL PROVISIONS
23
SECTION
1. MULTIPLE
USES
23
SECTION 2. MULTIPLE
BUILDINGS ON A LOT
23
SECTION
3. ACCESSORY
USES PERMITTED
23
SECTION 4. ACCESSORY
BUILDINGS
AND STRUCTURES
23
SECTION 5. TEMPORARY
CONSTRUCTION
USES
24
SECTION
6. RECREATIONAL CAMP
24
SECTION 7. NON -CONFORMING USES AND STRUCTURES
24
SECTION
8. RESTORATION TO A SAFE CONDITION
24
SECTION
9. STREET
FRONTAGE
25
SECTION
10. PRIVATE ROADS
25
25
25
25
SECTION
14. REDUCED
REQUIREMENTS -
LOT FRONTAGE
26
SECTION
15. PERMITTED
NUMBER OF MAIN BUILDINGS
ON A LOT
26
SECTION 16. SECONDARY
SUITES
26
SECTION
17. SMALL OPTION HOMES
26
SECTION 2. COMPLIANCE
WITH OTHER BYLAWS
SECTION
11. EXISTING
UNDERSIZED
LOTS
SECTION
12. SIDE YARD WAIVER
SECTION
13. CONFORMITY WITH EXISTING
SETBACKS
MUNICIPALITY OF THE DISTRICT OF SHELBURNE
LAND USE BYLAW
SECTION
18. SHORT TERM RENTALS
27
SECTION
19. RECREATIONAL VEHICLE PARKING SITES
27
SECTION 20. ILLUMINATION
27
SECTION
21. SIGNS
27
SECTION 22. PERMITTED ENCROACHMENTS
IN YARDS
27
SECTION 23. HOME OFFICES
28
SECTION 24. HOME OCCUPATION REQUIREMENTS
28
SECTION 25. WATERCOURSE
PROTECTION
28
SECTION 26. COASTAL PROTECTION
OVERLAY ZONE
28
SECTION 27. STEEP SLOPES
29
SECTION 28. PARKS, PLAYGROUNDS & TRAILS
29
SECTION 29. PUBLIC/
PRIVATE
UTILITIES & SERVICE FACILITIES
30
SECTION
30. MINI AND SMALL-
SCALE WIND TURBINES
30
SECTION
31. LARGE SCALE WIND TURBINES
30
SECTION
32. UNSUITABLE HABITATION
31
SECTION
33. GENERAL
PARKING
REQUIREMENTS
31
SECTION 34. MINIMUM AUTOMOBILE PARKING SPACE REQUIREMENTS
31
SECTION 35. PARKING VARIANCE
33
SECTION
36. STANDARDS FOR PARKING AREAS
33
SECTION 37. SEASONAL TAKE-
OUT USES
34
SECTION 38. TOP SOIL REMOVAL
34
SECTION 39. AGRITAINMENT
USE
34
PART 6.
ZONES
35
SECTION 1. ZONES ESTABLISHED
35
SECTION 2. LAND USE ZONES
35
SECTION 3. OVERLAY ZONES
35
SECTION 4. PERMITTED
LAND
USES
36
SECTION 5. ENVIRONMENTAL OVERLAY
39
SECTION 6. GENERAL ZONING PROVISIONS
39
PART 7.
LAND
USE ZONE SPECIFIC REQUIREMENTS
40
SECTION 1. RURAL USE SPECIAL REQUIREMENTS
40
SECTION 2. INDUSTRIAL SPECIAL REQUIREMENTS
41
SECTION 3. SUBURBAN RESIDENTIAL SPECIAL REQUIREMENTS
42
SECTION 4. SUBURBAN COMMERCIAL
SPECIAL REQUIREMENTS
42
APPENDIX
A: ZONING
MAP
44
APPENDIX
B: COASTAL
MAP
45
I I
MUNICIPALITY OF THE DISTRICT OF SHELBURNE
LAND USE BYLAW
Part 1. TITLE, INTRODUCTION AND PURPOSE
The Land Use Bylaw ( LUB) regulates the use, conservation, and development of land, habitat, buildings,
and signs in pursuit of the objectives of Municipality of the District of Shelburne Municipal Planning Strategy
MPS). The LUB
serves
as a regulatory
document that governs
what may occur on a piece of property
depending
on that property'
s zoning. It provides
each parcel in the Municipality
with a specific land use
designation that defines the specific types of uses that can
occur on that parcel.
The intent and goal of a land
use bylaw is to ensure
orderly, efficient, and sustainable
development
that
maintains
a high quality of life and protects
the public good while ensuring proper development
and
economic opportunity through clearly defined
rules and regulations.
Land
use bylaws
are
a tool used
to maintain and enhance the quality of life of residents by providing
opportunities to attain
individual
and community aspirations; conserve
and enhance the environmental
quality in Shelburne
District; and foster planned, efficient, economical
and beneficial
development that
provides a diversity
of choice, lifestyle, and environment.
a.
This Bylaw shall be known and may be cited as the " Municipality
of the District of Shelburne
Land Use Bylaw" for the Municipality of the District of Shelburne and shall apply to all the lands
within the Municipality of the District of Shelburne, as defined by the Zoning
Map ( Appendix
A).
b.
The purpose of this Land Use Bylaw is to carry out and implement
the land use development
policies contained within the Shelburne
District Municipal
Planning
Strategy
in accordance with
the Municipal Government Act (MGA). The MGA also enables the Municipality of the District
of Shelburne
to adopt
a Subdivision
Bylaw
to
control
the
division
of land. These
three
documents provide the framework
for planning and development in the Planning Area.
c.
The regulations and standards
contained within this Bylaw that apply to the development
and
use of property are as follows:
Zoning Map ( Appendix A) to determine
which zone the property
is located.
Coastal
Protection Overlap Zone Map(
s) (
Appendix B)
The definitions
section to determine
how specific developments or lot conditions
are
defined
or applied to a development ( Part 2).
The administration
and interpretation section to define permit requirements ( Part 3).
The general provisions section, which applies to all zones ( Part 4).
The requirements respecting the particular zone in which the property is located ( Part
5).
d.
Property boundaries
as shown on the Zoning
Map ( Appendix A) are continuously subject to
change due to approvals
of applications
for subdivision
of land. They
are included
for
information and clarification
purposes only, and do not form part of this Bylaw.
MUNICIPALITY
OF THE DISTRICT OF SHELBURNE LAND USE BYLAW
Part 2. DEFINITIONS
For the purpose of this Bylaw, all words shall carry their customary
meaning in the English dictionary except
for those defined
in this Part.
1.
ABUTTING
means to share one
or more
common
lot lines or a common point along a lot line.
2. ACCESSORY
BUILDING
means
a subordinate
building
or structure
devoted
exclusively
to
an
accessory
use on the same
lot as the main building.
3.
ACCESSORY
USE
means
a
use
subordinate
and normally
incidental
to
a main
use of land
or
building and located
on the same lot.
4. AGRICULTURAL
USE
means
a
use
of land
and
buildings
for farming, dairying, pasturage,
agriculture, apiculture, aquaculture, floriculture, horticulture, animal and poultry husbandry, riding
stables, and petting farms and the necessary
accessory
uses for packing, storing, or treating
the
produce, as well as the sale of goods and services produced on the farm property.
5.
AGRICULTURAL - RELATED INDUSTRY
means
a commercial or industrial
use involving
the sale,
processing, sorting, grading, packaging, inspection, storage, distribution, or
transportation
of
agricultural
crops, products, and livestock, as well as the manufacturing and production
of livestock
feeds, soil additives and amenders, fertilizer, herbicide, or pesticide and the stockpiling
of bulk
materials
used
in
the production
process. Facilities
for the slaughtering
and/
or
processing
of
agricultural livestock, excluding
a rendering plant, shall also be included
along with their necessary
accessory
uses and buildings.
6. AGRICULTURAL -
RELATED USE means an agriculture -related ancillary use such as, but not limited
to, microbreweries, cideries, wineries, and distilleries; animal
rescue and rehabilitation
centres;
agricultural exhibitions; farm markets; garden centres; gardening and agricultural clubs; equine farms
involving services such as, but not limited to breeding, studding, training, boarding
or riding lessons;
and agricultural institutions
such as schools, research, and extension
offices.
7
AGRITAINMENT
USE means
an agricultural-
themed
entertainment
use such
as, but not limited to,
guest ranching/
farm
operations, petting farms or zoos, hayrides, u -picks, pumpkin
patches, hedge or
corn mazes, riding and walking trails, farm tours, workshop
or farm demonstrations, garden centres,
farm markets, museums, and other indoor or outdoor entertainment uses based on agricultural topics
and/
or using agricultural
props.
8.
ALTER means any change in the structural component
of a building or any increase
in the volume
of a building or structure
and may also refer to a change in use.
9. ANIMAL
RESCUE
AND
REHABILITATION
CENTRE
means
the
use
of land, buildings, and
structures where temporary care, treatment, and rehabilitation of injured, sick, displaced, or orphaned
agricultural, domestic, or native wildlife
with the goal
of returning/
placing
a healthy
animal
in
a
permanent
off -site placement or back to the wild, not including permanent boarding facilities.
MUNICLpaLr Y'
OF "THE DISTRICT OF 8411314E
ND USE B " LAW
10. ATTACHED
means a building, otherwise complete, that has a division wall, or walls shared with an
abutting
building, which
provides structural
support to
one
or
both buildings
or
is required
to
completely enclose one or both buildings.
11. AUTO BODY SHOP
means
a building or a clearly defined
space on a lot used for the storage, repair,
and servicing of motor vehicles
including body repair, painting and engine rebuilding but does not
include
an automobile service station
or an automobile
sales
establishment.
12. AUTOMOTIVE
IMPOUND
YARD means
a lot used for the confiscation
and storage of automotive
vehicles, including boats, and recreational
campers, along with an accessory uses or structures, but
does not include the storing of vehicles for the salvaging of parts or scraps.
13. AUTOMOTIVE
SALES AND RENTALS
means
a lot and or building used for the sale or rental of new
or used automotive vehicles, including boats and recreational trailers.
14. BOARDING
OR ROOMING
HOUSE
means
a single -unit residential dwelling
in which the operator
supplies either room
or room
and board for compensation on a weekly or monthly basis, and which
is not open to the public, but does not include
a dwelling -group
care facility.
15. BOAT BUILDING
AND REPAIR FACILITY
refers to a premises used for the construction, assembly,
maintenance,
and repair of boats and other watercraft. This may include, but is not limited to, the
fabrication of boat components, storage of materials, equipment and tools necessary for boat building
and repair, as well as associated administrative offices. The facility may also provide services such
as painting, engine installation
and repair, and other marine -related
activities. Outdoor storage of
boats, boat parts, and materials
is permitted
as
an
accessory
use
to the facility, provided
it is
adequately screened
from adjacent properties and public rights -of -way.
16. BUFFERING / BUFFER
STRIP means a treed or landscaped
area intended to separate
and screen
the view of abutting land
uses or properties from each other.
17. BUILDING
means any temporary
or permanent main
or accessory
structure used
or built for the
accommodation or enclosure of persons, animals, materials
or equipment.
18. BUILDING
OFFICIAL means the building inspector of the Municipality of the District of Shelburne.
19. BUILDING
LINE means
any line regulating the position of a building
on a lot.
20. BUSINESS AND PROFESSIONAL
OFFICES
means a building
or part of a building where business
may be transacted, a service performed, management and general supervisory functions performed,
or consultation
given by, but not limited
to administrators, lawyers, architects, planners, engineers,
accountants, private
consultants and similar professions, but shall not include veterinary
clinics
or
the manufacturing of any product
or the on -site retailing or selling of goods.
21. BYLAW
means this Bylaw, which is the Land Use Bylaw for the Shelburne District Planning
Area of
the Municipality of the District of Shelburne.
22. CAMPGROUND
means
an
area of land for the temporary
accommodation
and access to facilities
for people
using
travel
trailers, motorized
motorhomes, tents, cabins, cottages
or
to
park
a
recreational
vehicle
that
is
licensed
under
the
Tourist
Accommodation
Registration
Act
and
Regulations, and may include
accessory
buildings, structures, and uses, but does
not include
a
mobile home park.
MUNICIPALITY OF THE DISTRICT OF SHELBURNE LAND USE BYLAW
23. CEMETERY
means
land or buildings used for the interment of the dead, either human
or pets, and
may include
a burial ground, a mausoleum vault
or
a columbarium for the storage
of remains
or
ashes, a chapel for internment services, open spaces and memorial parks.
24. CLINIC
means
a building or part of a building
used by a medical practitioner
for the medical, dental,
surgical, or therapeutic
treatment
of
human
patients, patients, including
the
retail
sales
of
products/
goods
related to the clinic, but does not include an overnight facility.
25. CLUB
means:
a.
CLUB, COMMERCIAL
means the use of a building for a meeting place primarily operated for
monetary gain.
b.
CLUB, PRIVATE
means
the
use of
a building
for
a meeting
place
for members
of
an
organization, fraternal group, lodge or labour union
hall.
26. CONTINUING
CARE
RESIDENTIAL
COMMUNITY
means
a
group of buildings, services
and
amenity areas that offers multiple levels of care ( independent living, assisted living, skilled nursing
care, long term care facilities) housed in different
areas
in the same
location and operates
as one
integrated
facility
and may
include
the provision of residential
services ( meals, housekeeping,
laundry), social and
recreational services, health
services, personal
care, and
nursing
care
to
individuals
or couples who require assistance
with daily living.
27. COMMERCIAL FLOOR AREA means the total useable
floor area within an enclosed structure used
for commercial
purposes but excludes washrooms, utility
and mechanical rooms, storage spaces,
and common
hallways
between stores.
28. COMMERCIAL
RECREATION
means
the use or uses of a building or lot, or part of a building
or lot
to gain or profit by providing service and renting spaces, facilities, and/
or equipment to the public for
recreational activities. Such use does not include overnight accommodation
such as hotel and rental
cottage and bed and breakfast establishment.
29. COMMERCIAL
RECREATIONAL
CENTRE
means
a building or lot or part of a building
or lot used
for commercial
recreation or entertainment
purposes such as but not limited
to arcades and game
rooms, billiard or pool halls, bingo halls, botanical and zoological exhibits, bowling alleys, cinemas or
theatres, dance halls, golf courses
and driving ranges, miniature golf courses, and sporting
venues,
such as hockey and skating rinks, soccer and baseball fields, and running tracks and similar uses to
the foregoing, together with necessary and accessory buildings and structures. Unless otherwise
stated in this Bylaw, casinos, adult entertainment
uses, and tracks for the racing of animals
or any
form of motorized vehicles are not included as a commercial
recreational
centre.
30. COMMERCIAL
EDUCATIONAL &
LEARNING CENTRE
means
a teaming
or educational
center
conducted
for monetary compensation
and
includes
a
privately
operated
school, college, or
university as well as similar
uses such as but not limited
to a language
and driving school but does
not include daycares.
31. COMMERCIAL
MEETING
SPACE
means
a space, spaces, or a building
available for lease for
weddings or similar gatherings, and for special events
including the temporary
sale of goods and/
or
services for a prescribed period of time not exceeding
one year.
MUNICIPALITY
OF THE DISTRICT OF SHELBURNE
LAND USE BYLAW
32. COMMUNITY
CENTRE
means
any building
or part thereof used for community activities, whether
used for commercial
purposes
or not, the control of which belongs to the Municipality, a local board
or agent thereof, or a non-
profit organization.
33. CONSTRUCTION
INDUSTRY
means
a
use primarily involving
the construction, manufacturing,
development, redevelopment, or rehabilitation
of buildings and real estate, including roadbuilding.
34. COTTAGE
means
a structure having a roof supported by columns
or walls, built, constructed, placed
or located
on a lot and used for human habitation, typically intended for temporary
or seasonal, that
is rustic in nature and may lack an on -site sewage disposal system, a piped -in water supply or grey
water disposal system.
35. COURT
means
an open uncovered
and unoccupied space appurtenant to a building and bounded
on two or more sides by walls of a building.
36. CULTURAL
CENTRE
means
a museum, theater, art center, music
hall, or other cultural
or arts
facility, the control of which belongs
to a government body, a local board or agent thereof, or a non-
profit group.
37. DAY CARE
means:
a.
DAY CARE CENTRE, NON-
RESIDENTIAL
means
a place where three or more children
or
adult seniors
are cared for on
a temporary daily basis
for compensation
without ovemight
accommodation
but does not include a school.
b.
DAY CARE CENTRE, RESIDENTIAL
means
that portion of a residential dwelling
which is
used to accommodate
more than three but fewer than
seven
children or adult seniors who are
cared for on a temporary basis for compensation
without overnight
accommodation.
38. DEVELOPMENT means
to build, place, locate, relocate, construct, reconstruct, replace, enlarge or
add to, alter, convert, or alter any building, structure, land, or land
use
and without
limiting the
generality
of the foregoing, shall
be taken to include
any preliminary physical operation
such
as
excavating, grading, piling, cribbing, or filling; structurally altering any existing building or structure
by an addition, deletion, enlargement, or extension.
39. DEVELOPMENT
OFFICER
is the person
or persons appointed to administer this Bylaw.
40. DWELLING
means
a building or a portion thereof, occupied or capable of being occupied as a home,
residence or sleeping place by one or more persons, containing one or more dwelling units, and shall
not include a hotel or motel or apartment hotel or a travel trailer or other recreation vehicle.
a.
DWELLING
UNIT means
one or more habitable rooms designed, occupied or intended for use
by one or more
individuals
as an independent and separate
housekeeping
establishment in
which cooking, sleeping, and sanitary
facilities
are provided for the exclusive
use of such
individual
or individuals.
b.
DWELLING, SINGLE -UNIT means
a residential
building consisting
of one dwelling
unit that is
fully located
on
a lot, and, unless otherwise
stated in this Bylaw, includes
mobile
and tiny
homes.
c.
DWELLING, TWO -UNIT
means
a residential building
that is divided
into two dwelling units,
each of which has independent entrances either directly to the outside
or through
a common
entrance from the street level.
L.
MUNICIPALITY
OF THE DISTRICT
OF SHELBURNE
LAND USE BYLAW
d.
DWELLING, MULTI -UNIT means
a residential building located on a single lot containing three
or more dwelling units, which have individual entrances
or a common entrance
from the street
level.
e.
DWELLING, GROUPED means two or more dwelling units which are contained in two or more
buildings designed to be part of a group of dwellings clustered
on the
same lot.
f.
DWELLING, SECONDARY
SUITE
means
a
single - unit dwelling
accessory
to
the
main
residential use, either attached
or located within the main residential building or located within
an accessory structure, often referred to as an in-
law suite, basement apartment, or backyard
suite.
g.
DWELLING, TOWNHOUSE
means
building divided vertically by a common
wall extending
from the foundation
to the roof into three or more attached
dwelling units, each having
a
separate
entrance
at grade.
41. EXISTING means legally existing as of the effective
date of this Bylaw.
42. EXTRACTIVE -RELATED FACILITIES
means the
use of and structures
related to, associated
with
and/
or fundamental to the operation of an extractive surface, or underground
mine, pit, quarry or drill
site, including those lands, buildings
and structures related to, associated with and/
or fundamental
to the storage, washing, crushing, sifting, reducing, leaching, weighing, processing, distribution
and/
or sale of such extracted materials, including but not limited to, sand, gravel, oil and natural gas,
minerals, stone, rock or clay.
43. FARM MARKET
means an indoor or outdoor market at which local farmers, producers, and growers
can sell processed
or unprocessed
agricultural
products directly to customers
and may include other
local vendors selling products
such as goods created in an art or craft workshop.
44. FIRST STOREY
means
the uppermost storey having first floor level not more than 2.
0 m ( 6.5 feet)
above grade.
45. FLOOR AREA means:
a.
WITH REFERENCE TO A DWELLING means the maximum area contained within the outside
walls excluding any attached garage, porch, verandah, unfinished attic or basement
or other
room not habitable at all seasons of the year.
b.
WITH REFERENCE
TO A DWELLING
UNIT where
more than one unit is contained within a
dwelling, means
the maximum
floor area contained within the finished wall surfaces
of an
individual dwelling unit, excluding closets, built-
in cabinets and storage areas, and balconies.
c.
FLOOR AREA, COMMERCIAL
means the total usable
floor
area
within
a building used for
commercial purposes but excludes furnace and utility rooms, washrooms and excluding, in the
case of shopping malls, common
hallways
between stores.
d.
FLOOR AREA, GROSS
means the aggregate of the floor areas of a building above or below
grade, measured between
the exterior faces of the exterior walls of the building at each floor
level but excluding
car parking areas
within
the building; and for the purpose of this clause,
the walls of an inner court shall be considered to be exterior walls.
e.
FLOOR AREA, GROUND
means the maximum area contained within the outside walls of the
ground floor of a building excluding any attached garage, porch, verandah, or other room not
MUNICIPALITY OF THE DISTRICT OF SHELBURNE LAND USE BYLAW
habitable at all seasons
of the year.
46. FORESTRY
USE means:
a.
FORESTRY
USE, PRIMARY OPERATION
means the use of land for silviculture, cultivation,
harvesting, or gathering of trees for the purpose of fuel wood, construction lumber, pulpwood,
or other forest products and any uses
associated
with it, including accessory
structures, but
shall not include the manufacturing or processing of such wood products.
b.
FORESTRY USE, SECONDARY
OPERATION
means the use of land, buildings, or structures
for the processing of harvested
or gathered trees for the production
of wood products such as
fuel, construction lumber and products, and pulpwood for paper manufacturing.
47. GARDEN
CENTRE
means
a building
or outdoor
area in which gardening equipment and planting
materials comprises
the major portion of goods offered
or kept for sale directly to the public at retail
value.
48. HABITABLE
BUILDING
means
structure having
a
roof supported
by columns
or walls, built,
constructed, placed, or located
on a lot, designed and used for the accommodation, enclosure or
assembly
of human
beings, regardless
of
whether
the structure
is
intended
for seasonal
or
permanent
use, or whether
or not the structure
is used for overnight accommodation,
including
residential, commercial, institutional, industrial, and recreational
buildings, but not including a camp,
a tent, or a recreational
vehicle
and also
not including accessory buildings or structures such as
sheds and storage areas.
49. HEIGHT
means, when
used
with
reference
to
a building, the
vertical
distance
between
the
established
grade
and the highest point of the building proper, exclusive
of any accessory roof
construction
such as a chimney, tower, cupola or steeple.
50. HISTORICAL
SITES
AND
INTERPRETATION
CENTRES
means
a property
or building
that is
protected by a govemment
body for a historical, environmental,
or cultural
reason including the use
of a lot or building to provide interpretation of the place of interest through
a variety of media as well
as an accessory structure
or uses.
51. HOME OCCUPATION
means
an accessory use of a residential dwelling by a primary occupant for
gainful employment
involving the production, sale, or provision
of goods and/
or services.
52. HOME OFFICE
means
a small-
scale
office use conducted entirely within a dwelling by a resident of
the household, where there are no employees who are not residents of the dwelling and no clients,
customers, or deliveries regularly
visiting the premises. Typical examples
include
self-
employed
professionals such
as consultants, writers, or artists
53. HOMESTEADING AGRICULTURE
means
an agricultural
use or uses of cultivating plants and rising
animals
conducted
on
a property intended
as a self-
sufficient
means
to produce food at
a scale
smaller and occupying
smaller footprint than agricultural production
for commercial purposes.
54. HOTEL / MOTEL / TOURIST
ESTABLISHMENT
means a building or buildings which are used to
accommodate
the traveling public for gain or profit by supplying them with sleeping accommodation,
with or without meals, and shall include
a guest house, cabins, a motel, a tourist home, a hotel, and
an inn but shall not include a campground.
55. INDUSTRIAL
WORKSHOP means the use of a building for a sheet metal, welding, metal working,
or machine shop, including the accessory display and sale of manufactured
items and products.
MUNICIPALITY
OF THE DISTRICT OF SHELBURNE LAND USE BYLAW
56. HOUSEHOLD
LIVESTOCK
means agricultural animals
such as horses, cows, goats, sheep, and
pigs
as well as egg -laying fowl and rabbits that may be kept in limited numbers
on
a residential
property.
57. INDUSTRY means:
a.
INDUSTRY, HEAVY means
a use engaged in the basic processing, manufacturing, and/
or
storage of materials
or products predominately
from extracted or raw materials and resources,
or that potentially involve hazardous
or commonly recognized offensive conditions that require
mitigation
measures
including
greater setback from adjacent
uses than light industry, using
larger
or more complicated equipment
or facilities than light industry.
b.
INDUSTRY,
LIGHT
means
a
use engaged
in
the
manufacturing, predominantly
from
previously prepared materials, finished products
or parts, including processing, fabrication,
assembly, treatment, packaging, and incidental storage/
sales/
distribution
such machine, metal
working, sheet metal, and welding shops
or commercial soil mixing operations and composting
operations, as well as industries that use chemicals on an industrial scale such as dry-
cleaning
shops and laundromats. Marine industrial uses including lobster holding facility or tankshop
are also included.
58. INDUSTRIAL - SCALE ENERGY PRODUCTION
means
an industrial
use engaged
in processing
resources and
raw material
for producing or storing
energy
in the form of heat or electricity using
large industrial -scale facilities that require
occupying substantial land area for establishment
and
mitigation
purposes, including but not limited to wind farm, solar farm, hydropower plant, and thermal
power plant.
59. INSTRUCTION
STUDIO
means the use of a building for the purposes of providing instruction in
painting, sculpturing, moulding, yoga, dance or music including
instruction
in handicraft production,
dressmaking/
tailoring, leatherworking, pottery/
ceramic-
making, woodworking, quilting, crocheting,
knitting, needlepoint, weaving
or sewing or computer/
electronics
operation.
60. INSTITUTION
OR INSTITUTIONAL
USE means
the use of land or building by any government body
or agency and incorporated
non-
profit organization to conduct activities related to providing service
or utilities to the public
on the behave of government, or any gathering
or religious
activities
with
philanthropic nature
on the behalf of the incorporated non-
profit organization. Such uses include but
are not limited to public education institutions and
non-
commercial
school, visitor information centre,
government
administration, emergency
services, non-
commercial
healthcare
facility, municipal
public work facilities, places of worship and gathering, museum, and food bank, but shall not include
a club, commercial community centre, and commercial school.
61. KENNEL / ANIMAL DAY CARE / ANIMAL GROOMING
SALON
means any facility or operation
for
the purposes of accommodating, breeding, sale, or grooming
of animals and may include provisions
for daytime
and overnight
accommodation of animals including any outdoor facilities such as pens,
runs and enclosures.
62. LANDSCAPING
means
any
combination
of trees, shrubs, flowers, grass
or other
horticultural
elements, decorative stonework, paving, screening
or other architectural
elements, all of which is
designed to enhance the visual amenity of a property
or to provide
a screen
between properties
in
order to mitigate objectionable features.
MUNICIPALITY OF THE DISTRICT OF SHELBURNE LAND USE BYLAW
63. LICENSED LIQUOR ESTABLISHMENT
means an establishment licensed
by the Nova Scotia Utility
and Review Board under the Liquor Control Act, R.
S.
N.
S.,
1989, Ch 260.
64. LOADING
SPACE
means
an area of land provided for use for the temporary parking of a commercial
motor vehicle where merchandise
or materials
are loaded
or unloaded from the vehicles.
65. LOT
means
a parcel
of land described
in
a deed
or shown
on
an approved, registered plan of
subdivision.
a.
LOT, CORNER means a lot situated at the intersection of and abutting on two or more streets;
or upon two parts of the same street forming
an interior angle of less than 130 degrees.
b.
LOT, FLAG means
a lot characterized
by its location of the main body of the lot generally at
the
rear of another lot or otherwise
separated from the street or roadway which provides
access, and by a narrower prolongation extending from the main portion of the lot to said street
or roadway. A flag lot generally resembles
a flag on a pole in the case of a rectangular layout,
or the main body of the lot with an umbilical prolongation providing
access
in the case of such
a lot having irregular
boundaries.
G.
LOT, INTERIOR
means
a lot situated between two lots and having access to one street.
d.
LOT, THROUGH
means
a lot bounded on two opposite sides by streets
or a highway provided,
however, if any lot qualifies as both
a corner lot and a through lot as herein
before defined,
such lots shall be deemed to be a corner
lot for the purpose of this Bylaw.
e.
LOT AREA
means the total horizontal area within the lot lines of a lot.
f.
LOT COVERAGE
means
the percentage
of the lot that is covered
by buildings excluding
projecting eaves, balconies, and similar features.
g.
LOT FRONTAGE
means the length of a line joining the side lot lines and parallel to the front
lot line.
66. LOT LINE means
a boundary line of a lot.
a.
LOT LINE, FRONT
means the lot line dividing the lot from the street or, in the case of a corner
lot, the shorter lot line abutting
the street, or, in the case of a through lot, the lot line abutting
the street providing the primary access or, in the case of a lot with no street frontage, the lot
line which
most closely parallels the nearest street line where access
is provided.
b.
LOT LINE, REAR
means
the lot line furthest from or opposite the front lot line.
c.
LOT LINE, SIDE means
a lot line other than a front or rear lot line.
d.
LOT LINE, FLANKAGE means
a side lot line which abuts the street on a corner lot.
67. MAIN BUILDING
means
a building
in which the principal use
or purpose of the lot is located.
68. MARINE
INDUSTRY
means
an industrial activity
or activities
related
to the utilization, processing,
and management
of marine
resources
and environment, which require access
or accesses
to the
ocean. Such
uses include but not limited to docks, shipyards, fish processing plant, facilities
to store
and maintain equipment and goods, and any accessory uses related to the industrial
activities.
69. MEDICAL
PRACTITIONER
includes, but
is
not
limited
to, a chiropodist, chiropractor, dentist,
denturist, doctor, osteopath, optometrist, physician, or
holistic
or homeopathic
health
services
practitioner, but does not include
a veterinarian.
MUNICIPALITY OF THE DISTRICT OF SHELBURNE LAND USE BYLAW
70. MICROBREWERY
means
a craft brewery
or cidery engaged in the production
and packaging of less
than 15,
000 hectolitres per year of specialty or craft beer, ale, cider, or other related beverages.
71. MICRODISTILLERY
means
a craft distillery or winery engaged
in the production
and packaging of
less than 75,
000 litres per year of liquor and spirits, other than beer or wine.
72. MUNICIPALITY
means
the Municipality of District of Shelburne.
73. OBNOXIOUS USE means
a use which, from its nature
or operation creates
a nuisance or is offensive
by the creation of noise, vibration, the emission
of gas, fumes, dust or objectionable odour, or by
reason
of the unsightly storage of goods, wares, merchandise, salvage, refuse matter
waste
or other
material.
74. OUTDOOR DISPLAY
means
an
area of land where goods are displayed, and which are available
for sale to the general public from a retail outlet located
on the same lot.
75. OUTDOOR STORAGE
means
items such as merchandise, goods, inventory materials or equipment
which
items
are not intended for immediate
sale and which
are stored by being located
on
a lot
exterior to a building.
76. PARK &
RECREATIONAL
USES
means
the
use
of land for parks, playgrounds, open space
recreation, community gardens, open space conservation, tennis courts, lawn bowling greens, indoor
and outdoor public skating rinks, and athletic fields, band shells or pavilions, and similar uses to the
foregoing, together with necessary
and accessory buildings and structures, excluding a track for the
racing of animals, or any form of motorized vehicles, except where permitted.
a.
PARK, ACTIVE
means
a park and/
or recreation
use involving the construction of buildings
and/
or infrastructure, and/
or the preparation
of land for a sport or recreational activity, but shall
not include public trails.
b.
PARK, PASSIVE
means
a park and/
or recreation use that does not require prepared facilities
like sports fields
or structures, but which may mean public trails including benches, signage,
and fencing and gates required to support the use of trails.
77. PARKING AREA OR PARKING
LOT means an open
area of land other than a street
or an area
within a structure for the parking of vehicles.
78. PARKING SPACE
means
an area of land for the temporary
parking or storage of motor vehicles.
79. PERSON includes
an individual, association, firm, partnership, corporation, incorporated company,
organization, trustee
or
agent
and
the
heirs, executors
or other
legal
assigns, wards
and
representatives to whom the context
applies according to law.
80. PERSONAL SERVICE
SHOP means
a building or part of a building used to meet the individual and
personal needs of human beings, and without limiting the generality of the foregoing, may include
a
barber shops, beauty parlours, automatic laundry shops, hairdressing shops, clothing
and shoe
repair or maintenance, and depots for collecting dry cleaning and laundry, including the retail sales
of products/
goods incidental
or related
to the personal
service shop.
81. PLACE OF WORSHIP
means
a community
service building
or complex
of buildings dedicated
to
religious worship or institutions including, but not limited to churches, chapels, temples, synagogues,
mosques, convents, and
monasteries. A hall, administration
office, residency
for the clergy,
cemetery, and day nursery operation for the congregation
are considered accessory uses.
10
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82. PLANNING
AREA means all the lands within the Shelburne District Planning Area, as defined by the
Zoning Map ( Appendix A).
83. PREMISES
means
an area of land with or without buildings or structures.
84. PRIVATE OR PUBLIC ROAD I STREET / HIGHWAY
means any road, street or highway defined by
the Shelburne District Subdivision
Bylaw.
85. PRODUCE
STAND means
a single -storey moveable structure with a floor area less than 4.
65 square
metres ( 50.
1 square feet), or wagon -top sales area used for the marketing, retailing, or distributing
of agricultural
products grown
or harvested
by a primary
resident
of the property
on which the
produce stand is located.
86. PUBLIC
AUTHORITY
means
any Commission
or Committee of the Municipality
of the District of
Shelburne established
or exercising any power or authority under any general or specific statute
of
Nova Scotia with respect to any of the affairs or purposes of the Municipality or a portion thereof and
includes
any committee
or local
authority
established
by
a Bylaw of the Municipality, and any
govemmental body.
87. PUBLIC RECREATIONAL
CENTRE
means
a building or lot or part of a building or lot owned and
operated by a public authority for recreation
or entertainment
purposes
such as dance halls, bowling
alleys, golf courses, golf driving ranges, miniature golf courses, roller skating
rinks, botanical
and
zoological exhibits, and sporting
venues such
as hockey
and skating rinks, soccer, and baseball
fields, and running tracks and similar uses to the foregoing, together with necessary and accessory
buildings and structures.
88. RECREATIONAL
CAMP means
a detached
structure, one storey maximum
in height and used for
periodic recreation
uses and not designed in such a manner that the structure can be used on a year-
round basis and shall not be construed
as a dwelling
unit as defined
elsewhere in this Bylaw.
89. RECREATIONAL
VEHICLE
means
a vehicular, portable
unit designed
for travel, camping
or
recreational
use, including
a Class A, Class B, and Class C motor home, a travel trailer, a fifth wheel
recreational vehicle, a folding or pop-
up tent trailer, or a pick-
up camper.
90. RECYCLING
DEPOT
means
a premises
on which
recoverable
materials
such
as newspaper,
glassware, plastic, and metal cans are separated and stored prior to shipment but does not include
any processing of the material
or a salvage yard.
91. REPAIR
SHOP means the
use of a building for the installation
or repair of office and household
articles
such
as
furniture, appliances, computers, electronics, and
entertainment
equipment,
including
the accessory display and sale of such items repaired.
92. RESIDENTIAL CARE COMMUNITY
means
an individual building or a group of buildings, services
and amenity areas that are regulated under the Nova Scotia Homes for Special Care Act or Health
Authorities Act and offer multiple levels of care or treatment, such
as but not limited to assisted living,
independent living, group homes, senior homes, skilled nursing
care, hospice, and long term care
facilities and may be operated
as a standalone
service or as integrated multi -service facility. These
services may include the accessory uses and services such as the serving of meals, housekeeping,
social and recreational services, health services, personal
care and nursing care.
111_
MUNICIPALITY OF THE DISTRICT
OF SHELBURNE
LAND USE BYLAW
93. RESTAURANT
means a building
or part thereof where food and drink are served to the public for
consumption within the building.
a.
RESTAURANT, DRIVE-
IN
OR TAKE-
OUT
means
a restaurant
that does
not
necessarily
provide facilities
for consumption
thereof on the premises other than parking
areas.
94. RETAIL STORE
means a building
or part thereof in which new or used merchandise
or things
are
offered or kept for sale directly to the public at retail cost and may include the rental of merchandise,
articles or goods.
95. SCRAP
YARD OR SALVAGE
YARD
means
an
area of land used for the storage, handling
or
processing
of and sale of scrap material, and without limiting the generality of the foregoing, may
include wastepaper, rags, bones, used bicycles, vehicles, tires, appliances, metals, or other scrap
material
or salvage, but shall not include
a hazardous waste material storage
or disposal
site or
recycling depot.
96. SCREENING
means
the method by which a view of one site from another adjacent site is shielded,
concealed, or hidden.
97. SEPARATION
DISTANCE
means
a horizontally
measured
portion
of a
lot which is required
to
physically separate incompatible land uses.
98. SERVICE
SHOP
means the processing of milk and dairy products for sale, bakery, butcher shop,
not including the slaughtering of animals, paint shop, printing establishment, photography studio or
photographic processing
lab, laundry or dry-
cleaning
establishment, upholstery
shop, high pressure
wash facilities, and carpet or house cleaning establishment.
99. SERVICE
STATION
means
the
use of a building
for the sale
of automotive fuels, electricity,
lubricating oils, and/
or the accessory sale of automotive accessories, servicing and repair of motor
vehicles, a car wash, convenience
store, and/
or restaurant but shall not include
an auto body shop,
unless otherwise stated in this Bylaw.
100. SETBACK
means
the distance between
the lot line and the nearest
main wall of the main building or
structure
on the lot.
101. SHORT-
TERM
RENTAL means
all accommodation
uses licensed
under the Short -Term Rental Act
used mainly
for the reception of the traveling
or vacationing public
and is provided
as temporary
accommodation for compensation
rented out for less than 28 days.
a.
BED
AND
BREAKFAST
means
a short-
term
rental premises
within
the
host'
s
primary
residence consisting of individual bedrooms within a dwelling unit that are rented to separate
parties or groups, with spaces for the provision of meals and other connected services and
facilities.
b.
COMMERCIAL
SHORT-
TERM
RENTAL means a short-
term rental that is one of the following:
i.
A dwelling unit that is not the hosts primary residence.
ii.
A room
or rooms that are a separate accommodation
in a dwelling unit that is not at the
hosts primary residence.
MUNICIPALITY OF THE DISTRICT OF SHELBURNE
LAND USE BYLAW
c.
RENTED
ROOM means one of the following:
i.
A room
in a host'
s primary residence that is a short-
term
rental.
ii.
A dormitory -style room that is part of an educational
institution
and that is a short-
term
rental.
d.
RESORT ESTABLISHMENT
means
a commercial
use that provides sleeping accommodation
to the public within a set of units, suites, cabins or cottages that is located
on the premises
under single ownership, and which may provide amenities such as restaurants, recreational
facilities or meeting
rooms.
e.
PERSONAL
VACTION
HOME
means
a dwelling
that meets all the following
criteria:
i.
It is primarily intended for seasonal or recreational
use,
ii.
It is primarily used and occupied by one
or more of the following, who do not pay rent to
use and occupy it:
Its owner.
Its owner'
s immediate
family.
Close friends of its owner'
s family.
It is not a primary residence or located
on the same property as a primary residence.
It is not primarily intended to be a rental income property or to be used as
a rental
income property.
It is not intended for continuous, year-
round occupancy.
102. TRADITIONAL
TOURIST ACCOMODATION
means
any of the following
uses:
i.
Bed and breakfast.
ii.
Hostel
establishment.
iii.
Hotel establishment.
iv.
Motel establishment.
v.
Personal vacation home.
vi.
Rented
room.
vii.
Resort establishment.
viii.
Unusual lodging.
103. SIGN
means any structure, device, light or natural object including the ground itself, or any part
thereof, or any device
attached thereto, or painted or represented thereon, which shall be used to
identify, advertise, or attract attention
to any object, product, place, activity, person, institution,
organization, firm, group, commodity, profession, enterprise, industry, or business, or which shall
display
or
include
any letter, word, model, number, banner, flag, pennant, insignia, device
or
representation used
as an announcement, direction, or advertisement, and which is intended
to be
seen from off the premises or from a parking lot.
a.
SIGN, DIRECTORY
means a sign erected
or authorized
to be erected by Council that may be
erected on public property listing the names
and locations of local businesses.
MUNICIPALITY OF THE DISTRICT OF SHELBURNE LAND USE BYLAW
b.
SIGN, GROUND
means
a sign supported
by one or more uprights, poles
or braces placed in
or upon the ground and shall include temporary
or portable signs.
c.
SIGN, ILLUMINATED
means
a sign that provides
artificial
light directly, or through
any
transparent
or translucent material, from
a source of light connected with such a sign, or a sign
illuminated by a light focused
upon or chiefly directed at the surface of the sign.
d.
SIGN, PROJECTING
WALL means
a sign which projects from and is supported by a wall of a
building and
on which the face is not approximately
parallel
to the supporting
wall and can
include an awning
or canopy structure where such a structure
is used as a sign.
e.
SIGN, FACIAL WALL means
a sign which is attached directly to or painted
upon
a building
wall and where the face is approximately parallel to the wall.
f.
SIGN, SIGN
AREA
means
the
area of the smallest
geometrical
figure which
can wholly
enclose the surface area of the sign. All faces of a multi -faced sign shall be counted separately
and totalled in calculating sign area.
SIGN, PORTABLE OR MOBILE
means
a sign designed
to be carried, pulled, pushed, or
hauled and which is not permanently
fixed in one location.
h.
SIGNS, NUMBER OF means
a single display surface or display device containing
elements
organized, related, and composed
to form a unit; and when matter is displayed in a random
manner
without organized relationship of elements, or when there is reasonable doubt about
the relationship of elements, then each element is considered to be a single sign.
i.
SIGNS, OFF PREMISE ( OFF -SITE) means
a freestanding ground sign or facial wall sign
commonly referred toas
a " billboard") erected
on a lot by someone other than the person or
company
wishing
to
advertise
a
product
or service
the display
of which
has
no
direct
relationship
to the business
or use
on the lot.
104. SMALL OPTION
HOMES
means
a residential building that is used as a community
home regulated
by the Nova Scotia Homes for Special Care Act, in which no more than four residents
are supported
by qualified staff through a combination
of live-
in and shift models.
105. SOLAR
POWER
means the use of the
sun'
s energy
either directly as thermal energy ( heat) or
through the use of photovoltaic cells in solar panels and transparent photovoltaic glass
to generate
electricity.
a.
SOLAR, GROUND
MOUNTED
means
a solar power solution that can
be easily implemented
in a yard or field where the panels are installed
directly
on the ground.
b.
SOLAR, ROOF TOP is a photovoltaic system
that has its electricity generating solar panels
mounted on the rooftop of a building or structure.
106. STOREY means
that portion of a building situated between the top of any floor and the top of the
floor next above it and, if there is no floor above it, that portion between the top of such floor and the
ceiling above it and shall not include any building
level below grade or that rise less than 1.5 metres
5 feet) above grade.
g.
107. STRATEGY
means the Shelburne
Municipal
Planning Strategy ( MPS).
108. STREET LINE means the boundary line of a street or road.
109. STRUCTURE
means
anything that is erected, built, or constructed
of parts joined together or any
such erection fixed to or supported
by the soil or by any other structure.
110. TAKE-
OUT, SEASONAL
means a location
for take out food that operates
for
no
more than six
months
a year and does not include any interior or exterior seating areas.
111. TAXICAB
OPERATIONS
means
the use of a building or land to park commercial vehicles used in
the transportation of humans, as well as the administration
of a taxicab operation through the housing
of communication
equipment
to connect clients and drivers.
112. TINY HOME
means
a dwelling unit that is 37 square metres ( 398.
3 square feet) or less in floor area
as outlined in the Nova Scotia Building Code Regulations.
113. TRAIL
means a path or lane cleared
of vegetation and other obstructions to facilitate
its use for non -
motorized
transportation, such
as
but
not
limited
to
hiking, walking, cross-
country
skiing, or
horseback riding together with any necessary and accessory structures
such as barriers, boardwalks,
gates, signage, and bridges.
114. TRAIL, MULTI -USE means
a trail that in addition to non - motorized
travel permits limited for forms of
motorized travel including
all -terrain vehicles, off -road motorcycles, and snowmobiles, together with
any necessary and accessory structures such as barriers, gates, signage, and bridges.
115. UTILITY
means
any public or private system, works, plant equipment
or services
which provides
services
at approved rates to or for the use of the general public.
116. VETERINARY
CLINIC / ANIMAL HOSPITAL
means
a facility for the medical care
and treatment
of
animals including provisions for their overnight
accommodation
and includes any associated outdoor
facilities such as kennels, pens, runs and enclosures.
117. VARIANCE
means
a change
to a standard
in this Bylaw or a development agreement pursuant to
the Bylaw that may be approved by the Development Officer as provided in Section
235 of the MGA.
118. WAREHOUSE
AND DISTRIBUTION CENTRE
means a building used primarily for the storage and
distribution
of goods and materials and may include wholesale or retail activity, provided such activity
is subordinate
to the main warehousing use.
119. WASTE TRANSFER AND PROCESSING means a building
or lot used for the holding, process, or
disposing of waste such as but not limited to landfills, solid waste
transfer
stations
and construction
debris disposal sites.
120. WATERCOURSE
means
a lake, river, stream, ocean, wetland, or other body of water.
a.
WATERCOURSE, COASTAL
means
any body of water that is primarily
fed by the Atlantic
Ocean, or an extension
of the Atlantic Ocean.
b.
WATERCOURSE, INTERIOR means any body of water that is primarily fed by an underground
spring
or by precipitation and runoff, such as a lake, river, pond, or stream.
121
WHARF means any structure
in navigable waters extending
along the shore and generally connected
with the uplands
throughout
its length, built or maintained
for the purpose of providing
a berth for
watercraft or for loading
or unloading cargo or passengers onto or from watercraft. Such
a structure
may include
a boat hoist or boat lift, and the hoist or lift may be permanent
or may be removed
seasonally.
MUNICIPALITY
OF THE DISTRICT OF SHELBURNE LAND USE BYLAW
122. WHOLESALE
ESTABLISHMENT
means
a building
in which commodities
in quantity are offered for
sale chiefly to industrial, institutional
and commercial
uses
or to retailers or other merchants mainly
for resale or business
use.
123. WIND TURBINE
means
a structure
or device that produces power by capturing
the kinetic energy
in
surface winds created by the sun and converting it into energy in the form of electricity and includes
the tower, rotor blades, and the foundation, and includes:
a.
WIND TURBINE, MINI
means a roof mounted turbine or a free-
standing turbine with a wind
turbine height of 10.
6
m ( 35 feet) or less.
b.
WIND TURBINE, SMALL SCALE
means
a wind turbine height greater than 10.
6 m ( 35 feet)
but less than 47.
2 m ( 155 feet).
c.
WIND TURBINE, LARGE-
SCALE
means a wind turbine height greater than 47.
2 m ( 155 feet).
124. WIND TURBINE
HEIGHT means the total vertical height of the entire wind turbine structure
being
the sum of the height of the support foundation above grade, measured at the base of the tower, the
turbine tower itself, and the highest vertical
extension of the wind turbine rotor
blades, generally
expressed as half of the rotor blade sweep or diameter.
125. WORKSHOP means a building, structure, or part of a building or structure
used for the manufacturing
or repairing of goods, including:
a.
WORKSHOP, ARTIST means the use of a building for the production of artist'
s works/
products
including
the
exhibition/
display
and
retail
sales
of works/
products, such
as
paintings,
sculptures, or other works of art.
b.
WORKSHOP, CRAFT means
the use of a building for the production
or repair of handicrafts,
toys, garden, or household art, ornaments
or personal
effects
from dressmaking/
tailoring,
leatherworking, jewelry -making, pottery/
ceramic-
making, wood -working, quilting, crocheting,
knitting, needlepoint, weaving, or sewing, including the exhibition/
display
and retail sales of
such products.
c.
WORKSHOP, CUSTOM
means
a building, or part thereof, used by
a trade, craft, or guilds
person, such as but not limited to, a carpenter, plumber, electrical contractor, or smith. It can
include the manufacturing
or repairs
of small quantities
of articles and goods, but excluding
motor vehicles
or their parts or accessories, and the accessory sale of their products
or work.
126. YARD
means
an open, uncovered space
on
a lot appurtenant
to a building ( except
a court) and
unoccupied
by buildings
or structures except
as specifically permitted
elsewhere in this Bylaw.
a.
YARD, ABUTTING
means
a yard which is contiguous
with or extends
across
one
or more
zone boundaries and can extend
across all or part of a side, rear or front yard.
b.
YARD, FLANKAGE
means
the side yard of a corner lot which side yard extends from the front
yard to the rear yard between the FLANKAGE lot line and the nearest wall of any main building
or structure.
c.
YARD, FRONT means a yard extending across the full width of a lot between the front lot line
and the nearest wall of any main building or structure
on the lot; and a minimum front yard
means the minimum depth allowed by this Bylaw of a front yard on a lot between the front lot
line and the nearest
wall of any main building or structure
on the lot.
MUNICIPALITY OF THE DISTRICT OF SHELBURNE LAND USE BYLAW
d.
YARD, REAR means
a yard extending across the full width of a lot between
the rear lot line
and the nearest wall of any main building or structure
on the lot; and a minimum
rear yard
means the minimum depth allowed by this Bylaw of a rear yard on
a lot between the rear lot
line and the nearest wall of any main building
or structure
on the lot.
e.
YARD, SIDE
means a yard extending
from the front yard to the rear yard of a lot between a
side lot line and the nearest wall of any main building
or structure
on the lot; and a minimum
side yard means the minimum width allowed by this Bylaw of a side yard
on a lot between
the
side lot line and the nearest
wall of any main building or structure on the lot.
127. UTILITY, PRIVATE or PUBLIC
means
a system, works, plant, equipment
or service whether owned
or operated by or for the municipality, or by a corporation under agreement with or under a franchise
from the municipality or under a Federal or Provincial statute, which furnishes services and facilities
available at approved rates
to or for the use of all the inhabitants
of the municipality, including but
not limited to:
a.
Communication
by way of telephone
or other communication technology;
b.
Public transportation;
c.
Production, transmission, delivery
or fumishing of water, fuel or energy to the public at large;
and
d.
Collection
and disposal of sewage, garbage
and other waste.
128. ZONE means
a designated
area of land shown
on the Zoning Map ( Appendix A).
I
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MUNICIPALITY OF THE DISTRICT OF SHELBURNE LAND USE BYLAW
I
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1
I
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F
Part 3. ADMINISTRATION
AND INTERPRETATION
SECTION 1. ADMINISTRATION
This Bylaw shall be administered by the Development Officer(
s).
SECTION 2. COMPLIANCE
WITH OTHER BYLAWS
Nothing in this Bylaw shall exempt
a person from complying with the requirements of any other bylaw of
the Municipality or from obtaining any license, permit or approval required by this or any other bylaw of the
Municipality or any regulation of the Province or the Government of Canada. Where these provisions conflict
with those of any other Bylaw of the Municipality
or a regulation
of the
Province
or the Government
of
Canada, the higher or more stringent regulation shall prevail.
SECTION 3. INTERPRETATION
OF ZONE BOUNDARIES AND SYMBOLS
The symbols used on the Zoning Maps
refer to the corresponding
zones
established
in this Bylaw. The
requirements of this Bylaw shall apply to all zones and the boundaries
between, and extent of the zones
shall be determined
as follows:
a.
Where a zone boundary is indicated as following private
or public street, road, or highway the
boundary
shall be the centre
line of such unless otherwise indicated;
b.
Where
a zone boundary is indicated
as approximately following lot lines the boundary shall
follow the lot lines;
c.
Where a watercourse, railroad, railway or transmission
line right-
of-
way is shown on the Zoning
Map as a zone boundary, the centre
line of the right-
of-
way or watercourse shall be considered
the boundary between the zones
unless otherwise indicated; and
d.
Where
none of the above apply, and where appropriate, the zone boundary shall be scaled
from the Zoning Maps.
SECTION 4. INTERPRETATION OF CERTAIN
WORDS
In this Bylaw, words used
in the present tense include the future tense; singular number include the plural;
and vice versa; the word " used" includes " arranged to be used," "designed to be used," and " intended to be
used," and the word " shall" is mandatory.
SECTION 5. PERMITTED USES
In this Bylaw, any use not listed
as
a permitted
use in a zone
is considered prohibited
unless otherwise
indicated. Where a permitted
use is defined in this Bylaw, the uses permitted include any similar uses that
satisfy such definition, except where a definition specifically excludes any similar use.
MUNICIPALITY OF THE DISTRICT OF SI ELBU *
LAND u
MA
SECTION 6. DEVELOPMENT
PERMIT
Unless
otherwise
stated
in this Bylaw, no
person shall undertake
a development
on
a lot without first
obtaining a development
permit from the Development Officer subject
to the following:
a.
The development
permit meets the requirements
of this Bylaw, an approved development
agreement or by site -plan approval except where a variance is granted or if the use or structure
is non -conforming in which case
a permit shall be granted according
to the MGA;
b.
A development permit will only be issued for a building/
structure that is placed fully within a lot
so that it does not cross
any lot lines, except where
a building
is divided
into two
or more
separate
units by a wall or walls that shall be aligned on top of a property line that divides the
land associated
with each unit such that each
unit may be acquired, owned, and sold by
a
separate owner;
c.
A development
permit issued under this Bylaw shall automatically lapse, and become null and
void, if the development
to which
it relates has not
started within 12 months
of the permit
approval date or the development
has not been completed within
two years of starting the
development;
d.
The Development Officer may revoke
a development
permit issued under this Bylaw where
the Development
Officer
is satisfied that the permit
was
issued
under false
or mistaken
information or if the information provided on the application is found to be inaccurate; and
e.
Notwithstanding
that
a development
permit
may not be required, the development
is
not
exempt from meeting the requirements
of this Bylaw.
SECTION 7. NO DEVELOPMENT
PERMIT
REQUIRED
Unless otherwise stated in this Bylaw, no municipal development permit shall be required for:
a.
A
development
that
involves
a
non-
structural
change
to
the
interior
or
exterior
of
a
building/
structure
that will not change its shape, increase its volume or footprint, and will not
change the use of the building/
structure including
the addition of more dwelling units;
b.
An accessory building with a gross floor area of 20.
0 square metres ( 215 square feet) or less,
accessibility
ramp, bus shelter, children'
s play structures, clothesline
or flag pole, decks and
patios
less
than
0.6
m ( 2 feet) above
grade, fences
and
retaining
wall, home
use
sending/
receiving
antenna
or dish, landscaping
structures
such as
a gazebo, garden trellis,
pedestrian footbridge, wading, reflecting
or fish ponds, outdoor fire pits, fireplaces, barbeques,
chimneys, wood stoves or furnaces, swimming
pools, temporary
vehicle tent, and an outdoor
supplementary power generator including intemal combustion engine generator, roof mounted
mini scale wind turbines, and ground or roof mounted solar panels;
c.
Forestry, agricultural, or fishery
uses not including any building/
structure required with such a
use; and
d.
A temporary
use of land as well as construction
or placement of temporary
structures
for said
use, including but not limited to, signs, displays, yard sales, flea markets, fairs, concerts, or
festivals provided that such uses remain in place no longer than fifteen consecutive days.
MUNICIPALITY OF THE DISTRICT
OF SHELBURNE
LAND
SECTION 8. APPLICATION FOR DEVELOPMENT PERMIT
Every application for a development permit submitted
to the Development
Officer shall be accompanied by
a sketch or site plans, drawn
to an appropriate scale, showing:
a.
The true shape and dimensions
of the lot to be used;
b.
The location, height, dimensions, and
proposed
use
of the building/
structure
or land
use
proposed to be developed on the lot;
c.
The location of every building or structure
already
on the lot, and if required the approximate
location of buildings on abutting lots;
d.
The proposed
location
and dimensions
of any parking spaces, loading spaces, driveways,
access
points to a public
or private street(
s)
and road(
s)
and if required landscaped areas;
e.
Where applicable, a vegetative cover
or soil retention
plan; and
f.
Any other information that the Development Officer deems necessary to determine whether or
not the proposed development conforms to the requirements
of this Bylaw.
Where the Development Officer is unable to determine whether the proposed development conforms to this
Bylaw, the Development
Officer may require that the plans be based on an actual plan of survey certified
and stamped by a Nova Scotia Land Surveyor.
SECTION 9. SIGNATURE
FOR APPLICATIONS
The application for a development permit shall be signed
by the registered owner(
s)
of the property
or by
the owners agent, duly authorized in writing by the registered
owner of the property to act for or on behalf
of the registered owners.
SECTION 10. USES PERMITTED
BY DEVELOPMENT AGREEMENT
The following
uses shall be considered by development agreement:
a.
Unique sites and structures -- Policy 3.4.
5
b.
Affordable housing outside the suburban designation -- Policy 3.
53
c.
Bonus Density for housing developments with affordable
housing -- Policy 3.5.
3
d.
Alternative Housing Forms -- Policy 3.5.
5
e.
New or expanded C & D sites -- Policy 4.4.
2
f.
Development
of five or more dwellings
on
a private road -- Policy 4.2.
9
g.
Unique uses within the SPA overlay -- Policy 4.5.
2
h.
New permanent structures within the Marine Industrial
Zone
within
the Coastal
Protection
Overlay Zone -- Policy 5.1.
2
i.
Large Scale Wind turbines within closer than 1.5 kilometers from a habitable dwelling -- Policy
5.2.
2
Hydrogen Facilities within the Industrial
Designation or Special Area Overlay -- Policy 5.2.
5
MUNICIPALITY OF THE DISTRICT OF SHELBURNE LAND USE BYLAW
SECTION 11. VARIANCE
The Development
Officer may grant variances
as per the MGA and Policy 7.3.
8 of the MPS.
MUNICIPALITY OF THE DISTRICT OF SHELBUFNE LAND USE BYLAW
iL
Part 4. APPLICATION FEE
Every application for
a planning
strategy amendment, development permit, variance, site plan approval,
development agreement
or LUB amendment shall be accompanied
by a form of payment acceptable
to the
Municipality in the amount
specified
by Municipal Council. Where an application
to amend this Bylaw or to
enter
into
a development
agreement
is made, the applicant
shall deposit
with the Municipal Clerk, an
amount established by the Clerk to be sufficient to pay the costs of all advertising and notification required.
If the amount
paid is not sufficient to cover the costs incurred, then the applicant shall pay to the Clerk the
additional amount required. If the amount
paid is more than sufficient, then the Clerk shall refund the excess
amount.
Where
Council
decides
not to proceed
with the application, development permit, or variance
or it is
withdrawn by the applicant, or rejected
by the Development
Officer, the deposit shall
be returned to the
applicant, less the cost of any incurred advertising or notification
cost to date.
SECTION 1. EFFECTIVE DATE OF BYLAW
This Bylaw shall take effect when approved by the Minister assigned under the MGA and notification is
provided in a newspaper circulating in the Municipality.
SECTION 2. RENEWAL OF A DEVELOPMENT
PERMIT
Upon request, the Development
Officer
can
renew
a development permit
for
one additional
year if the
request for renewal occurs
before the expiration of the original development
permit, as per Part 3, Section
6.3.
MUNICIPALITY
OF THE DISTRICT OF SHELBURNE LAND USE BYLAW
Part 5. GENERAL PROVISIONS
SECTION 1. MULTIPLE
USES
Where any land or building is used for more than one purpose, the requirements of this Bylaw shall be
interpreted
so that the highest
or most restrictive standard required for a use is applied to all uses.
SECTION 2. MULTIPLE BUILDINGS
ON A LOT
More than one main building on lot is not permitted except as permitted below and in compliance with other
applicable provisions of this bylaw.
a.
Industrial uses in the GI or MI Zone.
b.
Commercial
uses
in the SC Zone and RC Zones
c.
Resource uses in the RR and RD Zone
d.
Grouped dwellings in the RES Zone.
SECTION 3. ACCESSORY USES PERMITTED
Where this Bylaw provides that any land, building, or structure may be used for a purpose, the purpose is
deemed to include any accessory or ancillary uses, buildings or structures, subject to the requirements
of
this Bylaw.
SECTION 4. ACCESSORY
BUILDINGS AND STRUCTURES
An accessory building or structure
shall be permitted in any zone and may be used
as an accessory use
but shall not:
a.
Be used for human habitation, unless permitted by Part 5 Section 16;
b.
Be located
in the minimum front or flankage yard(
s)
of a lot in the RU or RES Zones;
c.
Exceed
two storeys
or the maximum
zone height, with the exception of permitted mini- and
small-
scale
wind turbines;
d.
Be built closer than 1.2 m ( 4 feet) to a lot line, unless otherwise provided for in this Bylaw;
e.
Be built within 1.8 m (6 feet) of the main building or 1.2 m ( 4 feet) of another accessory
building
or structure on the
same
lot except that a double
wall outdoor fuel or oil storage tank or an
outdoor fuel or oil storage tank containment structure capable of containing the full volume of
the fuel or oil storage
tank shall
be considered
an accessory structure in the and may be
located within 0.
2 m ( 0.
6 feet) of the main building;
f.
Be considered
an accessory building
if attached
to the main building
by a shared structural
wall, although
it may be attached to a main building on the same
lot by an open or enclosed
walkway or breezeway; and
Be constructed
prior to the time of construction
of the main building
or establishment
of the
main use except in the RU Designation
or Residential
Zone.
g.
23
MUNICIPALITY OF THE DISTRICT
OF SHELBURNE LAND USE BYLAW
h.
Accessory structures less than 50 square meets may be constructed accessory to an existing
residential dwelling in the Coastal
Hazard Overlay
Zone if no other location can be found
on
the lot outside of the Coastal Hazard Overlay Zone to place the accessory structure.
SECTION 5. TEMPORARY CONSTRUCTION
USES
The temporary construction, use, or placement of a building/
structure incidental to construction is permitted
in all zones provided
a development permit
has been issued for the main construction project and the
temporary building/
structure
does not remain for more than 90 days after the construction is completed.
Temporary construction
uses include but are not limited to, a work or construction camp or a worker'
s trailer,
sales or rental office, tool or maintenance shed, fencing, and scaffolding.
SECTION 6. RECREATIONAL
CAMP
Recreational camps for occasional
overnight
stays are permitted subject to the following criteria:
a.
There is deeded
access
or frontage on a private or public road;
b.
Power supply shall be limited
to off -grid systems; and
c.
Such uses shall not be rented, leased or used for commercial purposes.
SECTION
7. NON - CONFORMING
USES AND STRUCTURES
Any legal use of land or the development of a building/
structure completed or approved before the effective
date of this Bylaw that does not meet the requirements
of this Bylaw or the uses permitted within the zone
in which the lot is located, shall be subject
to the MGA provisions
respecting
non -conforming
uses
and
structures, unless otherwise stated in this Bylaw.
A non - conforming
land use, building, or structure
that does
not
meet
the lot area, frontage, or setback
requirements, may be enlarged, reconstructed, repaired, or renovated provided the development
does not
further reduce any non -conforming setbacks, lot area, or ground cover requirements
and all other applicable
requirements
of this Bylaw are satisfied.
The use of a non -conforming building/
structure
or land may be changed to a use permitted in the zone in
which the lot is located, maintaining
non -conforming setbacks, lot area, or ground
cover
requirements,
provided all other applicable
requirements
of this Bylaw are met. No expansion
of a non -conforming use is
permitted onto another lot created after the effective
date of this Bylaw.
Non -conforming buildings within the Coastal Hazard Overlay Zone shall be permitted to be rebuilt, replaced
or repaired if destroyed or damaged
by fire or otherwise, if it is floodproofed
to the standards of this Land
Use Bylaw and otherwise substantially the same as it was the destruction
or damage.
SECTION 8. RESTORATION TO A SAFE CONDITION
Nothing
in this Bylaw shall prevent the restoration to a safe condition of any building or structure as outlined
within the MGA.
MUNICIPALITY
OF THE DISTRICT OF SHELBURNE LAND USE BYLAW
SECTION 9. STREET FRONTAGE
No development
permit shall be issued for a lot that does not abut and front on a public or private street,
road, or highway, unless the lot was in existence
on or before the effective date of this Bylaw.
Lots existing
on or before the effective
date that do not meet the street frontage requirements of this Bylaw
may be developed, provided all other applicable requirements of this Bylaw are met and, in the case of a
no -frontage lot, an approved right-
of-
way
has been granted to allow access
to the lot. Where the lot lines
of an existing
lot that lacks street frontage
are altered, but the lot still does not meet
the street frontage
requirement, this regulation shall still apply.
SECTION
10. PRIVATE
ROADS
Notwithstanding
the requirements of Section 8: Private Roads, new residential dwellings
without frontage
on public roads
are permitted where:
a.
The Private Road is approved by the Development
Officer; and
b.
The lot is on a plan, dated after January 1, 2025, filed with the Municipality.
SECTION
11. EXISTING UNDERSIZED
LOTS
Notwithstanding the area requirements
of this Bylaw, a lot inexistence
on or before the effective
date of
this Bylaw, having less than the minimum
area required by this Bylaw, may be used for a purpose permitted
in the zone
in which the lot is located and a development permit shall be granted for a permitted use
on the
lot provided that all other applicable requirements of this Bylaw are satisfied. Where the lot lines of existing
undersized
lots are altered
to increase the
area
or frontage
of the lot, but the lot remains
an existing
undersized lot, this regulation shall still apply.
Where a building
or structure is located
on an undersized
lot in existence on or before the effective date of
this
Bylaw
and
fails
to
meet the requirements
of this
Bylaw regrading
area, frontage, or setbacks
requirements, the building/
structure
may be used for any use permitted in the zone
in which the lot if located,
provided that all other applicable requirements
of this Bylaw are met.
SECTION
12. SIDE YARD WAIVER
Notwithstanding the minimum side yard requirements
of this Bylaw, where main or accessory buildings or
structures on abutting lots share a common wall, the applicable side yard requirement shall be zero.
SECTION 13. CONFORMITY
WITH EXISTING SETBACKS
Where
a main building is proposed to be built or expanded between main buildings on adjacent lots, the
proposed
or expanded building may be built with a front yard setback equal to the average established front
yard setback of the main buildings located
on the adjacent
lots within 100.
0 m ( 328 feet) of the proposed
development, but the minimum front yard setback shall not be less than of 3.
0 m ( 10 feet).
MUNICIPALITY OF THE DISTRICT OF SHELBURNE LAND USE BYLAW
SECTION 14. REDUCED REQUIREMENTS -
LOT FRONTAGE
Notwithstanding
the minimum
lot area
and lot frontage requirements of this Bylaw, development permits
shall be issued for lots created pursuant
to the Subdivision Bylaw, where:
a.
A lot along
a public
or private street, road, or highway containing two or more main buildings
is subdivided such that the normal lot area and frontage requirements
cannot
be met, provided
that each new lot and the remainder lot contain at least one main building or structure and a
minimum of 6.
1 metres ( 20 feet) of lot frontage, and all other applicable requirements of this
Bylaw are satisfied;
b.
Where a lot is created for a park and recreation use, in which the control and/
or operation is
vested in a public authority
or agency thereof, that has a minimum road frontage of 6.
1 metres
20 feet);
c.
Two Tots are created that have less than the required frontage and/
or lot area provided
that
neither reduction is less than ninety percent ( 90%)
of the required
minimums for that zone;
and
d.
Where the land being subdivided
is to address
a development
component of a permanent
nature, such as mature
trees, a driveway, well, or septic tank that is encroaching
in or upon
an immediately abutting lot, and all other applicable requirements of this Bylaw
are satisfied.
SECTION 15. PERMITTED
NUMBER
OF MAIN BUILDINGS ON A LOT
No person shall erect
more than one main building on
a lot except as identified in Part 2, Section 5 of the
LUB. Where more than
one main building
is permitted
to be located on a lot, the setback requirements
set
out in the respective
zone shall apply to all main buildings, and a minimum of 3.
0 metres (
10 feet) shall be
required between main buildings, unless otherwise provided
for in this Bylaw.
SECTION 16. SECONDARY
SUITES
A dwelling unit in the form of a secondary suite, inside or attached to the main residential building or in the
form
of
a separate backyard structure, shall be permitted
as an accessory
use
to
a single or two - unit
residential dwelling in the RD, RR and RC Zone and must meet the main use setback requirements
for the
zone
in which the lot is located and be located
on
a public
road. A lot may have
a maximum of one
secondary suite with a maximum gross floor area of 80 square
metres ( 860 square feet). The
SECTION 17. SMALL OPTION HOMES
Small option
homes licensed under the Homes for Special Care Act are a permitted
use in all residential
dwellings
and as uses in all residential zones.
SECTION
18. SHORT TERM RENTALS
a.
Commercial
short
term
rentals, vacation
homes
and
rented
rooms
are
permitted
in
all
residential uses, subject to other requirements of this Bylaw.
b.
The owner of a single unit dwelling or two - unit dwelling or an accessory dwelling
unit shall be
permitted to provide
a maximum of one bedroom
or one dwelling unit within said residential
structure
for short term rental use at any time.
c.
Short term rentals shall be registered
as per the Short -Term Rental Registration Act.
SECTION
19. RECREATIONAL
VEHICLE
PARKING
SITES
Recreational vehicle parking sites, where permitted, shall meet the following requirements:
a.
Compliance with the specifications
for a permitted main use for the zone in which the parking
site is located;
b.
Be surfaced
with
a stable surface
such as, but not limited to, gravel, brick, paving stones,
asphalt, or concrete;
c.
Any accessory building, structure, or additions
must meet the requirements
of the National
Building Code and all other applicable requirements of this Bylaw;
d.
Only one recreation
vehicle shall be permitted on each parking site.
SECTION 20. ILLUMINATION
Lights used for illumination
shall be arranged
in such a manner as to divert the light away from any abutting
properties
or public and private streets, roads, or highways.
SECTION 21. SIGNS
A development
permit is required for all signs exceeding 0.
9 square metres (
10 square feet). No sign is
permitted to have flashing lights; moving parts; project beyond a property line; be placed on public property
or a public right-
of-
way without first receiving permission from the governing public authority; obstruct the
line of sight or travel for drivers and cyclists, such as being
located
in a corner sight triangle; be designed
in a way which could interfere, misled, or confuse
traffic by using words, phrases, or designs that resemble
governmental authority traffic signs; or obstruct a fire escape or other required
exit -way.
SECTION 22. PERMITTED
ENCROACHMENTS IN YARDS
The following structures may be located in or may project from a main wall of a main building
into a yard
setback required by this Bylaw subject to the following maximum distances;
a.
0.
9 m ( 3 feet) for window bays, eaves, cantilevers, gutters, and chimneys;
b.
3.
0 m ( 10 feet) for balconies, roofed porches, sun decks, terraces, awnings, patios, decks,
carports, and exterior staircases; and
c.
To the lot line for fire escapes and accessibility
access
ramps.
anliON 23, ;?
Home offices, for use by the occupant(
s)
of the residential
dwelling, are permitted in all zones.
SECTION 24. HOME OCCUPATION
REQUIREMENTS
Nothing in this Bylaw shall prevent
the use of a residential
dwelling
or its accessory buildings
as a home
occupation
provided that the residential
dwelling
or residential dwelling unit is a permitted use in that zone
and:
a.
Home
occupations
are
limited
to
a
business
or professional
office, counseling
office,
instruction
studio, service
shop, repair shop, personal
service
shop, post office, clinic,
residential day care centre, taxicab operation, workshops, and sales of products produced
onsite;
b.
Home occupations are primarily operated
by the occupant(
s)
of the main residential dwelling
or dwelling unit located
on the same
lot and does not exceed 25%
of the total ground
floor
area of the dwelling;
c.
One off-
street
parking
space is provided by the home occupation
and is dedicated solely to
customer/
client
use;
d.
There is no accessory outdoor storage
or display within the front or side yards;
e.
That the home occupation does not make use of equipment
that is obnoxious by virtue of dust,
odour, smoke, noise, or other emissions; and
f.
The home occupation
is located on a public street
or road.
SECTION 25. WATERCOURSE
PROTECTION
No excavation, infilling, construction, tree, stump and other vegetation removal, or any alteration of any kind
other than maintenance
as may be necessary to maintain vegetation
and preserve the shoreline shall be
permitted within 15.
2 m ( 50 feet) of the edge ( mean ordinary high water mark) of any watercourse, except
for wharves, marinas, boardwalks, pedestrian
or vehicular bridges, and buildings and structures
related to
boating
clubs, ship
chandlery offices, marine fuelling stations, fishery and marine -related
uses, boat
construction, building and repair facilities, boat and marine sales, service and rental facilities, and any other
uses
so exempted in this Bylaw. The watercourse
setback distance is defined as being part of any side,
rear, or front yard requirements.
SECTION 26. COASTAL PROTECTION OVERLAY ZONE
a.
No development is permitted within the Coastal Protection Overlay Zone except where a flood
risk analysis and mitigation report are prepared
and signed by a qualified professional
at the
expense of the property owners that determines appropriate
flood
mitigation
measures
and
attests
that the lands can be safety used for the intended
use. If the development officer is
unable to determine from the location of the coastal protection zone, the applicant shall, it their
own expense, provide a report from a qualified
person to determine if the proposed
use
is
within the coastal protection zone.
28
MUNICIPALITY OF THE DISTRICT OF SHELBURNE
LAND USE BYLAW
b.
Despite a) of this section, but subject to the uses and standards
of the application zone, the
following uses shall be permitted
within the Coastal Protection Overlay Zone:
Boardwalks
Boathouses
Conservation
uses
Fishing sheds and other fishery related uses
Interpretative
panels and related structures
Marinas
Marine industrial
uses
Parking lots
Parks
Safety fences
Trails
Water access
structures
c.
To help interpret the locations of the Coastal Protection Overlay Zone, the Development Officer
may refer to the digital data files from which the maps are created.
d.
For all uses not listed in this section that are in excess
of 50m2 are subject to the requirements
of Policy 5.1.
1.
1 of the MPS.
SECTION 27. STEEP SLOPES
No development
shall be permitted
on or within
15 metres
of lands with a slope of 30%
or greater except
where a Geotechnical Report prepared and signed by a qualified professional at the expense of the property
owner
is submitted confirming
that the proposed construction
can be executed safely and any completed
structures and related improvements (
e.g.
driveway and pathways) can be safely used and will comply with
the requirements
of any other Bylaw of the Municipality
or any regulation of the Province
or the Govemment
of Canada
consistent with Section 3.
2 of this Bylaw.
SECTION 28. PARKS, PLAYGROUNDS &
TRAILS
Notwithstanding anything else in this Bylaw, parks and recreation uses, where the control and/
or operation
is vested in
a public authority
or agency thereof, are considered
permitted
uses in all zones
or within
a
watercourse setback.
II
MUNICIPALITY
OF THE DISTRICT
OF SHELBURNE LAND USE BYLAW
SECTION 29. PUBLIC/
PRIVATE
UTILITIES &
SERVICE FACILITIES
Public or private utilities and municipal
service facilities may be located in any zone or within
a watercourse
setback and
no
zone
standard shall apply with the exception
of uses such
as waste
disposal
facilities,
landfills, solid waste
transfer stations, and construction debris disposal
sites, which
are only permitted
in
select zones and must
meet the zone requirements of this Bylaw. No development
permit shall be required
for the development or redevelopment
of any government owned, operated or maintained utility or municipal
service facility.
SECTION 30. MINI , P ND SMALL - S "';,
l,r WIND TURBINES
Mini and small-
scale wind turbines shall be considered
an accessory structure and shall meet the following
requirements:
a.
A maximum of one mini -scale or roof mounted wind turbine is permitted
on all lots, except in
the GI, MI and RR Zone where the limit shall be no more than three mini or roof mounted wind
turbines permitted
on
a lot;
b.
Small-
scale
wind turbines
are only permitted
in the Rural Resource ( RR), Rural Commercial
RC), Marine
Industrial ( MI), and
General
Industrial ( GI) Zones
and shall
not
exceed
a
maximum of one small-
scale wind turbine on a lot; and
c.
A wind turbine may not be built closer than two times the total wind turbine height to any lot
line, public or private road, street, or highway, or an existing main building except for roof
mounted wind turbines.
SECTION 31. LARGE
SCALE WIND TURBINES
Large-
scale wind turbines shall be permitted in the RR and GI Zones subject to the following requirements:
a.
The
Submission
of
an
Environmental
Assessment
approval
from
the authority
having
jurisdiction and a site plan showing the location all turbines, related infrastructure, driveways
and access point, and the distance to the nearest habitable dwelling;
b.
Confirmation
that the applicant
has
held
a minimum of
1
public meeting with the local
community
regarding the proposed development. Public
meetings
must
be advertised
and
held in a public location to which any interested
member of the public may attend. A summary
of the meeting
shall
be provided
that includes
the number of attendees, summary
of the
discussion and list any commitments made by the developer to the community;
c.
Turbines
are
located
a
minimum
of
1.5 kilometers
from
the
nearest
habitable
dwelling,
excluding any dwellings that are located on the lot or a hunting
or recreational camps. Turbines
less than 1.5 kilometers may be considered by Development Agreement ( Policy 5.2.
2 of the
MPS);
d.
A wind turbine may not be built closer than two ( 2) times the total wind turbine height to any
lot line, public or private road, street, or highway, or an existing main building;
e.
A community benefits agreement that is approved
by council;
f.
All wind turbines shall be located so that it is no closer than (4) times its height to a habitable
dwelling;
to-
MUNICIPALITY
OF THE DISTRICT OF SHELBURNE LAND USE BYLAW
g.
The lands on which the wind turbines are constructed are within the RR or GI Zone; and
h.
The
submission
of
a
decommissioning
bond
of
125% of the
costs
anticipated
with
decommissioning
of turbines. The value of a decommissioning
bond shall be established
by
a qualified engineer.
SECTION 32. UNSUITABLE
HABITATION
Trucks, trailers, buses, coach bodies, unfinished shipping containers, or other similar structures shall not
be used for human
habitation unless otherwise permitted in this Bylaw.
SECTION 33. GENERAL
PARKING REQUIREMENTS
All uses shall follow the following
parking regulations:
a.
The zones set out in this Bylaw may have additional parking provisions
specific to that zone.
Where
the provisions
of
a specific
zone
conflict
with the provisions
of this section, the
provisions set out in the zone shall take precedence.
b.
Unless otherwise provided in a zone, parking shall be provided within the same zone
or a zone
that permits the same
use and shall be located
upon the same
lot as the use for which the
parking is required.
c.
Where there is a combination
of uses
on a lot, the minimum parking
space requirements shall
equal the combined
total of the minimum requirements for each use.
d.
Individual parking spaces shall have minimum dimensions
of 9 feet by 18 feet.
e.
Barrier -free parking spaces shall be provided in accordance with the requirements of the Nova
Scotia Building Code Act.
SECTION 34. MINIMUM AUTOMOBILE PARKING SPACE REQUIREMENTS
a.
Off-
street parking shall be provided and maintained for every building
or structure erected or
enlarged, or for a change in use, in conformity with the table below.
GFA = Gross Floor Area
CFA = Commercial
Floor Area
Use
Minimum Required
Parking Spaces
Residential
Uses
Dwellings
with 5 or fewer
residential units
Dwellings with 6 or greater
residential
units
Residential
Care Homes
1 space/
residential
unit
1,
25 spaces/
residential
unit
2 spaces/
resodenlial
unit
Industrial Uses
1 space/
232 sqm. GFA
Agricultural Equipment
and Parts
Sales and Service
1 space/
93 sqm. CFA
Agritainment
Uses
10 spaces/
hectare
Animal Boarding Facilities
1 space/
3 ' _ :,,,,
r.
PA
Arts and Cultural Centres
1 space/
46.
5 sqm. CFA
Automotive Repair Minimum
4 spaces
Pius
1 space/
service
bati
31
MUNICIPALITY OF THE DISTRICT OF SHELBURNE
LAND USE BYLAW
Automotive
Sales
and Rental
1 space/
93
sqm. CFA
Building and Construction
Contractors
1 space/
37
sqm. CFA
BuslTaxi
Stations Minimum
4 spaces plus
1 space/
service
bay
Business
Offices
1 space/
28 sqm. CFA
1
Campgrounds
1.2 spaces/
site
or cabin
Carwash
Facilities
Minimum 4 spaces
Cemeteries
Minimum 4 spaces
Commercial
Greenhouse
Community
Facilities
Correctional
Centres
Minimum 4 spaces
1 space/
9 sqm. CFA
1 sraace/
93
sqm. GFA
Day Care Facilities
1 space/
37 sqm. CFA
Domestic Animal Grooming
1 soace/
37 sqm. CFA
Drive -through Restaurants
1 space/
6 sqm. CFA
Driving Range
1 space/
driving bay
Dry-
cleaning Depots
1 space/
37 sqm. CFA
Educational
Facilities
Elementary and Junior High
Schoois
High Scnools
Other facilities
1 space/
93 sqm. GFA
1 space/
37 sqm. GFA
1 space/
37 sqm t. GFA
Emergency Services
1 space/
28
sqm. CFA
1 space/
9
sqm. CFA for accessory assembly
uses
Eq_
ujpment
Rental
1 space/
93 sqm. CFA
Farm Market Outlets
1 space/
6
sqm. CFA
Farm
or Vineyard Product Sampling
1 space/
6 sqm. CFA
Fixed Roof Overnight
Accommodations
1 space/
guest
room/
cabin and
20 per cent of the number of spaces
required for any accessory
use that is
accessible by the general
public
Funeral
Homes
1 space/
9 sqm. CFA
Gas Bars
Minimum 4 spaces
Golf Courses _
5 spaces/
hole
Goods and Services Shop
1 space/
28 sqm. CFA
Holding Yards
Minimum 4 spaces
Household
Item Repair Services
Indoor Recreation
Uses
Laundromat
Licensed Liquor Establishments
1 space/
37 sqm. CFA
1 space/
9
sqm. CFA
1 space/
46.
5 sqm. CFA
1 space/
6 som. CFA
Medical and Dental Clinics
1 space/
6 sqm. CFA
Non-
profit Camps _
Minimum 4 spaces
Parks _
4 spaces/
hectare
Personal
Service Shops
1 space/
6 sqm. CFA
Places of Worship
1 space/
9 sqm. CFA
Professional Trades
1 space/
37 sqm. CFA
Residential Facilities
1 space/
93 sqm. GFA
Restaurants
1 s;_-
ace/
6
sqm. CFA
Retail Stores
1 space/
28 sqm. CFA
Self Storage Facilities
Minimum 4 spaces
Storefront Recycling Uses
Minimum 4 spaces
Veterinary Clinics
1 space/
6 sq_
m.
CFA
Visitor Information
Centres
Minimum 4 spaces
Wildlife
Rescue
and Rehabilitation
Centres
Minimum
4 spaces
32 '
b.
Where a parking
calculation
results in a part of a parking
space being required, the total shall
be rounded up to the next whole number.
c.
Where a use is not listed in Section 4.
34.
1,
the rate used to calculate the required parking shall
be based
on the most similar use.
d.
Except for low density residential
uses where a parking calculation
results
in fewer than four
4) spaces being required, a minimum of four ( 4) spaces shall be provided.
e.
Except for golf courses
and agritainment uses, where a parking calculation
results in greater
than
100 spaces being required, the property
owner
shall only
be required
to provide
a
minimum of 100 spaces.
f.
Nothing in this section
shall prevent a property owner
from providing
a number of parking
spaces that exceeds the minimum parking requirements.
SECTION 35. PARKING VARIANCE
Property
owners may apply for a variance to the required number of parking spaces where the number of
existing
spaces does not meet the requirements
of Section 34 and 35 or if the required number of parking
spaces cannot be provided
on site. In addition to the requirements of section 235 of the Act, a variance
shall not be granted if:
a.
the number of existing spaces
is less than four ( 4) spaces; and/
or
b.
there is adequate space on the lot to provide the required number of spaces.
SECTION 36. STANDARDS
FOR PARKING AREAS
Parking areas requiring
more than six (6)
b parking spaces or for all properties with
more than one (1) main
use and/
or main building
shall meet the standards below.
a.
The parking area shall be maintained with a stable surface;
b.
If applicable, the lights used for illumination of the parking area shall be designed
and installed
in a manner
that does not project onto adjacent properties;
c.
When the parking area is of a permanent hard surfacing, each parking space shall be clearly
demarcated
and maintained
as such;
d.
Gasoline pumps
or other service station
equipment
shall not be located
or maintained
in the
required parking area;
e.
Traffic aisles leading to and within parking
areas
shall have a minimum width of ten ( 10) feet
for one-
way traffic and a minimum width of 20 feet for two-
way traffic; and
f.
Individual parking spaces and traffic aisles shall be located such that they do not interfere with
the functioning
of any entrance
or exit to a building
or structure.
ECfi1'
11
M .. 7.
SO f ' b, .1i..
Seasonal
Take-
out
uses are permitted
in all zones and shall meet the standards below.
a.
The take-
out shall operate for no more than 6 months
a year;
b.
The building in which the use is located is no more than 800 square feet;
c.
The building is located in the front or side yard;
d.
The setbacks from the take-
out shall be as follows;
i.
Front Yard: 25 feet
ii.
Side Yards: 10 feet
e.
A minimum of 3 parking
spaces shall be provided; and
f.
The Development permit application
shall include a site plan showing
the location of garbage
receptacles, parking areas
and setbacks.
SECTION 38. TOP SOIL REMOVAL
The removal of topsoil from any lot within the Rural Resource ( RR) Zone or other lands used primarily for
agriculture
or forestry is prohibited, except where
such
removal
is necessary
for and incidental
to
a
permitted
use
on the same lot, including site grading
for agricultural
production, forestry operations, or
construction approved through
a development permit. No topsoil shall be removed for sale, relocation, or
export from the site unless specifically authorized by the Development Officer in accordance with the MGA
and this Bylaw.
SECTION 39. AGRITAINMENT USE
Agritainment
uses
are permitted
as accessory
to a homestead, farm or other established agricultural uses
subject to the following requirements:
a.
The use has direct access
to a public street; and
b.
The use is located to minimize impact
on Class 2, 3 and 4 soils.
MUNICIPALITY
OF THE DISTRICT OF SHELBURNE LAND USE BYLAW
Part 6. ZONES
SECTION 1. ZONES ESTABLISHED
Shelbume District is generally divided into the following
zones, which are also referred
to by the appropriate
shortforms. Each land
use
zone
has certain land uses that are permitted outright, others
are conditional
upon approval, and some are prohibited.
SECTION 2. LAND USE ZONES
Land Use Category
Rural Use
Rural Use
Rural Use
Industrial
Industrial
Suburban
Suburban
Shortform
RD
RR
RC
MI
GI
RES
SC
Zone
Rural Development
Rural Resource
Rural Commercial
Marine Industrial
General Industrial
Residential
Suburban
Commercial
SECTION
S. OVERLAY ZONE:
Land Use Category
Environmental
Overlay
Shortform
MW
CP
Zone
Municipal
Watershed
Coastal Protection Overlay
MUNICIPALITY OF THE DISTRICT OF SHELBURNE LAND USE BYLAW
SECTION 4. PERMITTED LAND
USES
The following land uses
are permitted
in the zones indicated
by the shortform to their right and are subject
to all other requirements of this Bylaw.
Land Use
RD
RR
RC
M I j
GI
RES
i
S c:
Residential
Single - Unit Dwellings
P
P
P
P*
P
Two -Unit Dwellings
P
P
P
P*
P
Multi -Unit or Grouped Dwellings
P*
P
P
Townhouses ( maximum of 5 in a
row)
P
P
P
Existing Dwellings
P
P
P
P
P
Boarding or Rooming
Houses
R
P
P
P
Cottage
P
P
Residential Care Community
P
Home Occupations (Section 4.
20)
P
P
P
Home Office
P
P
P
P
P
P
P
Land Lease Communities
P
Mixed use commercial/
residential
S
S
Agricultural
Agricultural
Uses & Related Use
P
P
P
Agricultural -related Industries
P
P
P
P
P
Agritainment Uses
P
P
Animal Rescue & Rehabilitation
P
P
P
P
Farm Residences
P
P
P
Primary Forestry
Use
P
P
P
P
Commercial
Auctioneering Establishment
P
P
Automotive & Autobody Repair
P
P
P
Automotive
Sales & Rental
P
P
P
Banks & Financial Institutions
P
Bars, Pubs, & Taprooms
P
P
Bed & Breakfast Operations
P
P
P
P
P
Building Supplies
P
P
P
Call & Data Processing Centres
P
P
Campgrounds & RV Parks _
S
P
S
Carwash
Facilities
P
P
Clubs ( Commercial & Private)
P
P
P
Commercial Art Galleries
P
P
P
Commercial Daycare Centres
P
P
P
Commercial Meeting Space _
P
P
Commercial
Recreation
Centres
P
P
Commercial Schools, Training &
Educational
Facilities
P
Commercial
Short -Term Rental
P
P*
P
P
P
Construction & Landscaping Industry
P
P
P
Counselling Offices _
P
P
Existing
Hotels & Motels
P
P
P
P
P
Existing Uses
P
P
P
P
P
P
P
36 '
r
MUNICIPALITY
OF THE DISTRICT
OF SHELBURNE LAND USE BYLAW
Land Use
RD
RR
RC
GI
RES
Hotels, Motels
P
P
Farm Markets
P
P
Fitness
Centres
P
P
P
Funeral Homes
P
P
P
Hotel, Motel & Tourist
Establishments
P
P
Instruction
Studios
P
P
Kennels & Animal Day Cares
P
P
P
Large Format Commercial
S
Licensed Liquor Establishment
P
P
Medical Offices & Clinics
P
P
Microbreweries, Microdistilleries &
Wineries
P
P
P
Offices
P
P
P
Parking Area & Structures
P
Personal Service Shops
P
P
P
Repair Shops
P
P
P
Rental Shops
P
P
Rented Room
P
P
P
P
P
P
P
Resort Establishment
P
P
Restaurants
P
P
P
P
P
Retail Stores
P
P
Self -Storage Facilities
P
P
P
P
Service Industries
P
P
P
Service Station
P
P
p
P
Shopping Centre or Mall
S
Recycling Depots
P
P
P
Taxicab Operation & Dispatch
P
P
Traditional
Tourist Accommodation
P
P _
P
Private Utilities & Services
P
P
P
P
Veterinary Offices & Clinics
P
P
P
Wholesale
Establishments
P
P
Workshops ( Arts, Craft, & Custom)
P
P
P
P
P _
P
Industrial
Accessory Commercial
Uses
P
P
P
P
P
P
Abattoirs & Agricultural Processing
Facilities
p
P
P
P
Automotive
Impound Facilities
P
P
P
Breweries & Distilleries
P
P
P
P
Boat and Ship Building and Repair
P
P
Bulk & Cold Storage Facilities
P
P
P
P
Commercial
Cannabis Facilities
P
P
P
P
Construction
Debris Disposal
Sites
DA
Commercial
Greenhouses
P
P
P
P
Excavation
Operations
P
P
Extractive - Related
Facilities
P
P _
P
Fish Processing
P
P
Fire Training Facility
P
Fuel Depots
p
p
37 '
MUNICIPALITY OF THE DISTRICT OF SHELBURNE LAND USE BYLAW
Land Use
RD
RR
RC -
Gl
RES
SC
Heavy Industrial
Uses
I
P
P
Hydrogen
Facilities
DA
DA
Light Industrial Uses
P
P
P
Marine Related
Uses
P
P
P
Scrap & Salvage
Yards
P
Secondary Forestry Uses
P
P
P
P
Truck Transport Operations
R
P
P
P
P
Warehouse, Depots, Storage &
Distribution
Facilities
p
P
P
Waste Disposal Facilities
S
Waste Transfer & Processing Facility
S
Wharfs
P
P
Institutional
Accessory
Commercial &
Retail
P
Cemeteries
P
P
P
Community Centres
P
P
P
P
Courthouse
P
P
Fire & Emergency Services
P
P
P
P
P
Hospital
P
Institutional
Uses
P
P
P
P
Library
P
P
Museums
P
P
P
P
Places of Worship
P
P
P
P
Post Office
P
P
P
P
Public Utilities & Facilities
P
P
P
P
P
P
P
Public Schools, Training &
Educational
Facilities
p
P
P
Research & Development Centres
P
P
P
Transit & Taxi Stations/
Stops
P
Recreational
Conservation &
Com - atible Uses
P
P
P
Docks, Marinas & Wharves
P
P
Firing Range & Shooting Club
P
P
P
P
Golf Courses & Driving Ranges
P
P
Historical Sites & Interpretation
Centres
P
P
P
P
Parks & Recreation Uses
P
P
P
Public Campground
P
P
Public Recreation Facility
S
P
P
P
Recreational Camps
P
P
P
Recreational Vehicle Parking
Sites
P
P
P
P
Tracks & Facilities for Racing
Animals or Motorized Vehicles
P
Notes: P: Permitted
S: Site Plan
DA: Development
Agreement
See specific zoning requirements in the relevant zone section
38
MUNICIPALITY
OF THE DISTRICT OF SHELBURNE
LAND USE BYLAW
SECTION 5. ENVIRONMENTAL
OVERLAY
Land Use
CP
Residential
Single -Unit Dwellings
Existing
uses
P
P
Marine related
uses
S
Two -Unit Dwelling
Home Occupations
Existing Agricultural & Forestry Uses
P
P
Institutional
Water Supply
Infrastructure
P
P
Passive Public Parks & Recreation
P
Public Trails
P
P
All Uses Not Prohibited
Notes: P: Permitted
S: Site Plan
DA: Development Agreement
SECTION 6. GENERAL ZONING
PROVISIONS
The following building height and yard requirements
shall apply in the zones
listed:
Zone
Land Use
Rural Use
On -site
Rural Use
On -site
Rural Use
On -site
RD
RR
RC
Mi
GI
Res
SD
Water &
Waste -water
Status
On -site
Industrial
Municipal
On -site
Industrial
Municipal
On -site
Suburban
Municipal
On -site
Suburban
Municipal
Minimum Yard
Minimum
Requirements
Lot Area
Front &
Flankage
Side
Rear
4,
000 m2
46,
560
ft2
8,
000 m2
87,
120 ft2
4046 m2
43,
560 ft2
4,
047 m2
43,
600 ft2
2,
700 m2
29,
063 ft2
4,
047 m2
43,
600 ft2
2,
700 m2
29,
063 ft2
2,
700 m2
29,
063 ft2
930 m2
10,
010 ft2
2,
700 m2
29,
063 ft2
930 m2
10,
010 ft2
Minimum
Lot
Frontage
30.
5 m
100 ft.
61
m
200 ft.
36.
6
m
120 ft.
45.
7 m
150 ft.
30.
5 m
100 ft.
45.
7 m
150 ft.
30.
5 m
100 ft.
36.
6 m
120 ft.
24.
4 m
80 ft.
36.
6
m
120 ft.
24.
4 m
80 ft.
7.
6 m
25 ft.
7.
6 m
25 ft.
7.
6 m
25 ft.
15.
2 m
50 ft.
7.
6 m
25 ft.
15.
2 m
50 ft.
7.
6 m
25 ft.
7.
6 m
25 ft.
3.0 m
10 ft.
7.
6 m
25 ft.
3.
0 m
10 ft.
3.
0 m
10 ft.
10m
33 ft
3.
0 m
10 ft.
15.
2 m
50 ft.
15.
2 m
50 ft.
15.
2 m
50 ft.
15.
2 m
50 ft.
3.
0 m
10 ft.
1.
2 m
4 ft.
3.
0 m
10 ft.
1.2 m
4 ft.
7.
6 m
25 ft.
7.6 m
25 ft.
7.
6 m
25 ft.
15.
2
m
50 ft.
15.
2 m
50 ft.
15.
2 m
50 ft.
15.
2 m
50 ft.
7.6 m
25 ft.
7.6 m
25 ft.
7.6 m
25 ft.
7.
6 m
25 ft.
Maximum
Building
Height
10.
6 m
35 ft.
10.
6 m
35 ft.
10.
6 m
35 ft.
10.
6 m
35 ft.
10.
6 m
35 ft.
15.
2 m
50 ft.
15.
2 m
50 ft.
10.
6 m
35 ft.
18.
2 m
60 feet
10.
6 m
35 ft.
18.
2 m
60 ft.
MUNICIPALITY OF THE DISTRICT
OF SHELBURNE
LAND USE Byliahmk
Part 7. Land Use Zone Specific Requirements
This Section summarizes special requirements applicable in each zone. These might include landscaping
requirements, parking standards, increased separation distances where
a non-
residential
zone
abuts
a
residential zone, provisions for site plan approval
or Development
Agreements, etc.
SECTION 1. RURAL
USE SPECIAL REQUIREMENTS
1.
SITE PLAN APPROVAL -
LAND
LEASE COMMUNITIES
The development of new Land Lease Communities
permitted
by site plan approval subject to the following
criteria:
a.
The submission of a detailed site plan showing the location of access to a public road, location
of garbage collection
areas, trail systems, internal site circulation, lighting, recreational
areas,
location of wells and septic fields, and location of dwellings.
b.
Notwithstanding
the above, campgrounds and RV parks may be located
on private
roads
subject the approval of an emergency access plan in case of wildfire.
c.
If located adjacent
to a low -density residential development, the location of opaque fencing
and lighting that reduces impact on the adjacent use.
d.
The Development
Officer
may request
a
storm
water
management
plan
or traffic impact
assessment that is acceptable to the municipal engineer.
e.
Other information
as requested
by the Development
Officer.
2.
SITE PLAN APPROVAL -
RECREATIONAL
USES
The development
of firing ranges and shooting clubs, tracks and facilities for the racing of motorized
vehicles or animals
and RV park or campgrounds
in the Rural Use Designation is permitted by site plan
approval subject
to the following criterial:
a.
The submission of a detailed site plan.
b.
The Development
Officer may request
a storm
water management
plan and traffic impact
assessment
that is acceptable to the municipal engineer.
c.
The property fronts on a public road.
d.
A landscaping plan that addresses safety, noise and privacy
concerns.
e.
For firing range and shot clubs, tracks and racing facilities, the proposed
use is a minimum of
1 kilometer from a dwelling unit which is not located on the same property.
3.
SPECIAL CONDITIONS: MULTI UNIT OR GROUPED
DWELLINGS IN THE RD ZONE
A maximum of eight dwelling
units are permitted
on a single
lot in the RD Zone subject to the following
criteria and other relevant requirements of this Bylaw:
a.
Maximum lot of coverage of 40%
of the total lot area
b.
The submission of a detailed site plan showing the location of parking, septic fields, well, all
buildings, fencing and landscaping.
MUNICIPALITY
OF THE DISTRICT OF SHELBURNE, LAND USE BYLAW
c.
Parking areas with more for more than 2 vehicles shall not be located in the yards adjacent to
existing single and two -unit residential dwellings.
4,
SITE PLAN APPROVAL - COMMERCIAL USES EXCEEDING 500 SQUARE METERS
Any new or expanded
use in the RC or SC Zones that have a gross floor area exceeding
500 square meters
gross floor area ( 5,
382 square feet) shall occur by site plan approval and shall comply with the following
requirements:
a. The submission of site plan showing the location all buildings and infrastructure.
b. Parking Areas shall be located, if possible, in yards that do no abut low density
residential
uses.
c. The submission of a stormwater drainage plan and traffic impact assessment acceptable to the
municipal engineer.
d. Shall include landscaping in the side yards that provides buffering
for noise and light from the
adjacent use.
SECTION 2. INDUSTRIAL SPECIAL REQUIREMENTS
1.
SPECIAL CONDITIONS: EXISTING AND NEW SINGLE UNIT DWELLINGS IN THE
MARINE INDUSTRIAL ZONE
New single unit dwellings in the Marine Industrial Zone shall require
a. A set back of the structure
of 15.
2
meters (
50 feet) from the edge of the Coastal Protection
Overlay Zone on the Environmental
Overlay.
b. A site plan showing the location of the proposed dwelling, driveway
access
and location of any
well or septic field.
c. A minimum distance of 100 meters ( 328 feet) from the shared property line of any existing Marine
Industrial Use that uses noxious materials, has industrial lighting
or where the noise from the
facility exceeds typical noise from
a residential
use or where Marine Industrial Use may generate
odour ( e.g.
fish plant).
2.
SITE PLAN APPROVAL - WASTE COLLECTION
AND DISPOSAL
The development
of a waste transfer and process facility, or a waste disposal facility or, waste transfer and
process
facility
or
a waste disposal facility
in the General
Industrial ( GI) Zone shall
occur by site plan
approval subject to the following requirements:
a. Submission
of a site plan that includes the location of all buildings and associated infrastructures.
b. A stormwater management
plan and traffic impact
assessment acceptable
to the municipal
engineer.
c. Landscaping
or buffering
to reduce land use conflict from adjacent
residential dwellings.
MUNICIPALITY OF THE DISTRICT
OF SHELBURNE
LAND USE BYLAW
SECTION 3. SUBURBAN RESIDENTIAL SPECIAL REQUIREMENTS
1.
SITE PLAN APPROVAL -
MULTI - UNIT RESIDENTIAL
OR GROUPED
DWELLINGS
IN
THE RESIDENTIAL ZONE
Multi
unit dwellings
and group dwellings exceeding
ten ( 10) units, or multi unit buildings
that
contain
commercial space shall be permitted by Site Plan subject to the following requirements to
a.
For developments
with more
than thirty ( 30) units that are not
on central water service, the
provision
of a ground
water
assessment
confirming
the adequacy
of drinking
water
and
assessing the impact of the proposed
use on adjacent
uses.
b.
Confirmation by
a qualified person of the location
and design of wastewater and sewage
treatment
system that meets the needs of the development.
c.
The building shall not exceed five stories, to a maximum of 18.
3 metres ( 60 feet) in height.
d.
The building
setbacks shall
be sufficient
to provide
adequate
buffering from adjacent
low
density
residential
dwellings to minimize the impacts of shadowing, noise, and light or other
relevant land use issues.
e.
That adequate
on site recreational and amenity space is provided
to future
residents. This
may include grassed areas, walking paths, pool areas or other recreational
infrastructure. This
requirement
may be waived
if the development is within 100 meters ( 328 feet) of a public
recreation facility.
f.
Commercial
uses are limited to local commercial uses, such as small-
scale retail, community
uses, day cares, personal
services or the uses that serve the needs of the residents.
Hard surfacing shall not exceed 50%
of the lot area.
g.
SECTION 4. SUBURBAN
COMMERCIAL
SPECIAL REQUIREMENTS
1.
SITE PLAN APPROVAL -
LARGE
FORMAT
RETAIL
Large format retail, including shopping malls exceeding 20,
000 square feet building footprint shall occur by
site plan approval subject to the following
a.
The submission
of site plan showing the location all buildings
and infrastructure.
b.
Parking Areas shall be located, if possible, in yards that do
no abut low density residential
uses.
c.
The submission of a stormwater drainage plan or traffic impact assessment acceptable to the
municipal
engineer.
d.
Shall include landscaping
in the side yards that provides buffering for noise and light from the
adjacent use.
MUNICIPALITY OF THE DISTRICT OF SHELBURNE LAND USE BYLAW
SITE PLAN APPROVAL - MIXED
USE
Mixed use commercial
and residential buildings are permitted in the Suburban Commercial
and Residential
Zone by site plan approval subject to the following:
a.
The submission
of a site plan showing the location of all buildings and infrastructure, amenity
spaces and other elements
on the site.
b.
The main floor facing the street shall be commercial. Residential
uses shall be permitted in the
rear of the main floor.
c.
The maximum height shall not exceed
five stories, to a maximum height of 60 feet.
d.
Amenity space shall be provided that must include adequate outdoor space, and may include
balconies, indoor shared space
or a common
recreation
room. For developments
in excess
of
ten ( 10) dwelling units, there must be a private
or semi -private outdoor space for residents of
the of the building.
e.
Amenity spaces shall include
common
outdoor spaces with landscaping and tree. Walkways
shall connect the parking area to the main entrance.
Appendix A: Zoning Map
1411.-:
Q4 " f
Ltiil
mI
n
tut Appandle
A
Municipality
of the District of Shelburne
Zoning Map
npprored
on:
Map updnc
a perdea
on:
X.:
1:
66.
000
Legend
comenunily
Zoning
Roadways
Rural (*
Moment
Use IRO)
Marine Industrial ( MI) --
Rocncbl
Road
Rural
Resource
Use ( RR)
RWAdtnbal (
RES) --
Wawa( Road
Rural
Commercial (
RC)
Suburban Cs,
nnerolal ( SC) -'--
Rmrate
Road
General Industrial ( GI)
Municipal Wamsnerl ( My)
Rail nal
Shelburne
Appendix B: Coastal
Map
Zoom 2
des Melts Island)
LUd Appaandix
B
Municipality
of the District of Shelburne
Coastal Protection Overlay
Scale: 1:
200,
000
N
0
2
4
8
r--
KNometers
Amended on:
Approved
on:
Shelburne
Zoom 3
communa
Legend
M.
Coastal Protection Overlay
Zone*
Source
of data: Projected
Worst Case Flooring In
the Year 2100, NSECC, 2024
Sources: Nova Scotia
Property
Records ( NSPRD), Nova
Scotia
Road Network (
NSRN), Nova Scoba Department of
Environment & climate
Change ( NSECC!
Created on: 2025-
05-
02
Last update: 2025-
05-
08
Created
by: Brighter Community Planning & Consulting
Last edit by:
McNutts Island
Carleton
Village
Roseway
Shelburne
Legend
Lower Sa
Point
lmunity
Community Boundary
Coastal Protection
Overlay Zone*
Source of data: Projected
Worst
Case
Flooding In
the Year 2100, NSECC, 2024
LUB Appendix B
Municipality
of the District of Shelburne
Coastal Protection Overlay
Zoom 1
N
Scale: 1:
50,
000
0
0.
5
1
2
Kilometers
MIIII
lki.4..
GMEMINgr.,- ,
tii
ur
Nunh East
Harb(
nt$
Rost.
way
Harbour
Round
antic
V
Lower
Sandy
Point
Sources: Nova Scotia Property
Records ( NSPRD), Nova Scotia Road
Network (
NSRN), Nova
Scotia
Department of Environment & Oirnate
Change ( NSECC)
Created
on: 2025-
05-
07
Last update: 2025-
05-
08
Created by: Brighter Community
Planning & Consulting
Last edit by:
LUB Appendix B
Municipality
of the District of Shelburne
Coastal Protection
Overlay
Zoom
2
N
Scale: 1:
50,
000
0
0.
5
t
2
Kilometers
YVUI]
r rsUWI&
Disclaimer: Ns mma
pp ea graphic representation of
properly
bounyriaelgdAunicipt!
Boundaries. It is not a
army
and is not intendeh
to be used
to agodaaed
exact
dimerr
ions of area.
I /
Shelburne
community
4.
05.
01061,
44
Legend
Community Boundary
ME
Coastal Piamt)
un Overlay Zone°
Source
of data: Projected
Worst Case Flooding In
the
Year
2100, NSECC, 2024
1
west
Green
Harbour
h Bay
Surces: Nova Scotia Property
Records ( NSPRD), Nova
Scona
Road
Network ( NSRN), Nova
Scotia
Deoartmert of
Environment & Climate Charge (
NSECCI
Created
on: 2025-
05-
07
Last update: 2025-
05-
08
Created
by: Brighter Community
Planning &
Consulting
Last
edit by:
LUB Appendix
B
Municipality
of the District of Shelburne
Coastal Protection
Overlay
Zoom 3
Scale: 1:
50,
000
0
0.
5
1
2
rient
Kilometers
Shelburne
Disclaimer: This
map
is a graphic representation
of
property
boundaries and Municipal Boundaries. It is not a
survey
and is not intended to be used to calculated exact
dimensions
of area.
Jordan
Ferry
Join
m
Ray
Jordan Bay
Legend
Community
Boundary
Coastal Protection Overlay Zone*
Source of data: Projected
Worst
Case Flooding In
the Year 2100, NSECC, 2024
East Gr
Eliarb®
Canada
Hill
rfe
e
ar
our
f}4
wn of -
k t
ern Head
ockland--'
Littl ,
Ittarbourr
East Side of
Ragged Island
Sources: Nova Scotia Property Records
NSPRD), Nova Scota Road
Network
NSRN), Nova Scotia Department
of
Environment &
Climate
Change (
NSECC)
Created
on: 2025-
05-
07
Last update: 2025-
05-
08
Created by: Brighter
Community
Punning
Consulting
Last edit by:
LUB Appendix
Municipality
of the District of Shelburne
Coastal Protection Overlay
Zoom 4
Scale: 1:
50,
000
0
0.
5
1
2
Kilometers
Osborne
Harbour
Ea
Black P€
rtnt
Bay
N
Disclaimer: This
map
is
a graphic representation
of
property
boundaries
and Municipal Boundaries. It o
not a survey
and is not intended
to be
used
to
calaitated
exact
dimensions
o1 area.
Shelburne
community
Legend
Community Boundary
Coastal Protection
Overlay Zane*
Source &
data: Projected worst Case
Flooding In
the Year 2100, NSECC, 2024
Sources:
Nova
Scotia
Property Records ( NSPRD), Nova
Scotia Road Network ( NSRN), Nova
Scotia
Department
of
Environment & Climate Change ( NSECCI
Created
on: 2025-
05-
07
Last update: 2025.
05-
08
Created
by: Brighter Community Planning & Consulting
Last edit by:
REPEAL
All former Land -Use By -Laws passed by the Council of the Municipality of the District of
Shelburne
are hereby repealed, and replaced with this By -Law.
FIRST READING: May 27.
2025
NOTICE, IN PAPER, TO PUBLIC: June 5, 2025
SECOND READING: June 25.
2025
DATE OF AD, IN PAPER, REGARDING
PASSAGE OF BY-
LAW:
ADOPTED
BY THE COUNCIL OF THE MUNICIPALITY
OF THE DISTRICT OF SHELBURNE
ON THE 25
DAY OF June, 2025.
CLERK ( SIGNATURE
ett
CLERK ( PRINT): ERIN HARTLEY
E ATE: JULY 18. 2025
MAILED
TO DEPARTMENT
OF MUNICIPAL AFFAIRS: JULY 18, 2025
EFFECTIVE DATE OF BY-
LAW UNLESS OTHERWISE SPECIFIED
IN THE TEXT OF THE BY-
LAW.
THIS IS TO CERTIFY that the foregoing
is a true copy of a By -
Law passed at a duly convened meeting of the Council of the
Municipality of the District of Shelburne, held the 25th day of
June, 2025.
Given under the hand of the Clerk and under the seal of the
Municipality of the District of Shelburne this 18th day of July,
2025.
ERIN HARTLEY
MUNICIPAL
CLERK
OCTOBER 30, 2025