Windsor Municipal Planning Strategy (Consolidated May 13, 2025)
West Hants, Nova Scotia
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TOWN OF WINDSOR
MUNICIPAL PLANNING STRATEGY
Approved by Council August 23, 2005
Effective September 21, 2005
As amended May 13, 2025
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Town of Windsor
MUNICIPAL PLANNING STRATEGY
Approved by the Minister of Service Nova Scotia & Municipal Relations
Amended to May 13, 2025
This CONSOLIDATED EDITION is prepared for convenience only. For complete reference, please consult
the original documents. This CONSOLIDATED EDITION has the following history:
1)
WMPS 06-01 Amendments to Policies 9.0 Mixed Use Development, 9.1 Mixed Use in the
Residential Designation, and 9.2 Mixed Use in the Commercial and Industrial Designations -
effective September 7, 2006
2)
WMPS 07-01 Amendment to the Generalized Future Land Use Map (Map 1) - Designation of
property of Joseph and Eunice Dill Property on King Street (PID 45053147) from Community Use
to Residential - effective October 11, 2007
3)
WMPS 07-01 Amendment to the Generalized Future Land Use Map (Map 1) - Designation of
property of Serge and Trudy Menard, 5511 Highway 14 (PID 45166956) from Commercial to
Residential - effective October 11, 2007
4)
WMPS 09-01 Amendments to Policy 8.3.2 allowing Council to consider rezoning to General
Commercial (GC) land that fronts on major collector streets, subject to a traffic impact study.
Amendments to Sections 14.3 Major Collector Roads and 14.3A Minor Collector Roads.
Amendments to the Transportation Map (Map 2) - effective June 9,2009
5)
WMPS 09-02 Amendments creating policies and zone for the Wentworth Road Gateway District
and Wentworth Road Commercial (WR-C) zone: Policies 8.6, 8.61, 8.6.2, 8.6.3, 8.6.4, 8.6.5, 8.6.6,
8.6.7, 8.6.8, 8.6.9, 8.6.10, 8.6.11, 8.6.12, 8.6.13, 8.6.14, 8.6.15, 8.6.16, 8.6.17, 8.6.18. - effective
September 3, 2009
6)
WMPS 09-02 Supplementary Amendments to Policies 8.2, 8.2.2, 8.3, 8.3.2, 8.4.4, 8.4.5, 8.5,
8.5.1, 8.5.2, 14.2.2, 16.2.2, for the Wentworth Road Gateway District and Wentworth Road
Commercial (WR-C) zone - effective September 3, 2009
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7)
WMPS 11-01 Amendments creating Policy 4.15.1 concerning financial and structural inequities
between towns and rural municipalities - effective July 12, 2012
8)
WMPS 12-01 Amendments to Policies 4.9.1 and 8.6.16 concerning expansion of the Wentworth
Road Gateway District - effective August 23, 2012
9)
WMPS 14-01 Amendments creating Policy 8.7 Commercial Transition Area and amendments to
Map 1 - Generalized Future Land Use - by redesignating the lands shown from R-Residential to
C Commercial - effective May 14, 2015
10)
WMPS 15-01 Amendments to Policy 7.4.1 allowing residential uses on main level of buildings in
the area bounded by King, Stannus, Gray and Victoria Streets - effective August 8, 2016
11)
WMPS 17-01 Amendments to Part 4 to amend Policy 4.13.4 to change wording from "prohibit"
to "control" and amend policy 7.2.1 to add (d) ground signs - effective May 6, 2018
12)
WMPS 18-01 Amendments to Part 7 to add Policy 7.6 and Policy 7.6.1 and amendments to Part
8 by adding Policy 8.0.3 to include a Commercial Development District (CDD) and include Map 3
- Commercial Development District - effective May 15, 2018
13)
WMPS 19-01 Amendments to Part 7 to include Waterfront Development District (WDD) and
addition of Policy 16.6.2 regarding requirements under which a variance could be considered
within the WDD - effective October 1, 2019
14)
WMPS 18-02 Amendments to Part 10 by inserting section "Licensed Cannabis Uses" - effective
March 9, 2021
15)
WMPS File # 20-29 Amendments to allow secondary suites within single and two-unit dwellings;
effective September 14, 2021
16)
WMPS File # 21-04 Amendments to include PID 45336203 on College Road in the College Road
Comprehensive Development District (CR-CDD) designation; effective January 25, 2022
17)
WMPS File #22-01 Amendments to the Wentworth Road Gateway District to allow Council to
consider grouped dwellings by development agreement; effective June 7, 2022
18)
WLUB File # 22-14 Replace Section 4.1 and amend parts of Section 4.18 to allow detached
secondary suites accessory to single and two-unit dwellings - effective January 10, 2023
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19)
WMPS File #20-30A Amendments to Section 12.0, Environmental Constraints, to provide
intention to comply with the regulations of the Coastal Protection Act - effective March 14,
2023.
20)
File #22-33 Amendments to Part 16.1, Municipal Planning Strategy and Review, to clarify and
add policy which reflects Council's intention to maintain a Public Participation Program Policy -
effective May 1, 2023.
21)
File #23-39 Text amendments to Section 7.5 to allow residential developments to be located on
the ground floor, behind a commercial use within an existing building - Effective June 4, 2024.
22)
File #24-09 Amendments to Section 5.4.6 (g) to the development agreement criteria for
multiple-unit developments on local roads - Effective August 6, 2024.
23)
File #23-02: Amendments to Policies 4.9.1(j) and 4.13.5, Section 9 and Policies 10.1 and 10.1.1.
Amendments to create Section 9.3 and subsequent policies. Amendment to the Generalized
Future Land Use Map to create and include 368 Nesbitt Street (PID 45056447) and PID
45227279 on Colonial Road in the Nesbitt Island Designation. - Effective September 3, 2024.
24)
File #23-21: Text amendments to Sections 4.18, 5.1, 5.2, deletion of Sections 5.3 and 5.4 and
replaced with a new Section 5.3, deletion of Section 5.5, and text amendments for Section 16.2,
to accommodate a wider range of "missing middle" housing forms, create affordable housing
policy, and relax parking requirements - effective May 13, 2025.
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Table of Contents
1.0
PREAMBLE ......................................................................................................................................... 8
1.1
Plan Area ....................................................................................................................................... 8
1.2
Scope ............................................................................................................................................. 8
1.3
Planning Background .................................................................................................................... 8
1.4
Windsor-West Hants Joint Planning ............................................................................................. 9
1.5
Public Participation ....................................................................................................................... 9
1.6
Regard by Other Agencies ............................................................................................................. 9
2.0
BACKGROUND ................................................................................................................................. 10
2.1
Historical Context ........................................................................................................................ 10
2.2
Population ................................................................................................................................... 10
2.3
General Issues and Challenges .................................................................................................... 12
3.0
CONCEPT, PRINCIPLES AND INITIATIVES ......................................................................................... 13
3.1
Overall Concept ........................................................................................................................... 13
3.1.1
Development Principles .......................................................................................................... 13
3.1.2
Design Principle ....................................................................................................................... 13
3.1.2.1
Design Initiatives ................................................................................................................. 13
4.0
GENERAL LAND USE POLICIES ......................................................................................................... 14
4.1
Accessory Uses and Buildings ..................................................................................................... 14
4.2
Automobile Service Stations ....................................................................................................... 14
4.3
Development by the Town of Windsor ....................................................................................... 14
4.4
Existing Undersized Lots ............................................................................................................. 15
4.5
Fences ......................................................................................................................................... 15
4.6
Frontage on a Street ................................................................................................................... 16
4.7
Home-based Businesses ............................................................................................................. 16
4.8
Lighting ........................................................................................................................................ 16
4.9
One Main Building on a Lot ......................................................................................................... 17
4.10
Open Storage .............................................................................................................................. 17
4.11
Parking ........................................................................................................................................ 18
4.12
Parks and Playgrounds ............................................................................................................... 18
4.13
Signage ........................................................................................................................................ 19
4.14
Temporary and Special Uses ....................................................................................................... 19
4.15
Town/Municipal Boundary ......................................................................................................... 20
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4.16
Utilities and Telecommunication Towers ................................................................................... 21
4.17
Watercourses .............................................................................................................................. 21
4.18
Housing ....................................................................................................................................... 22
5.0
RESIDENTIAL .................................................................................................................................... 24
5.1
Low Density Residential .............................................................................................................. 25
5.2
Medium Density Residential ....................................................................................................... 25
5.3
High Density Residential ............................................................................................................. 26
5.4
Downzoning ................................................................................................................................ 28
5.5
College Road Comprehensive Development District .................................................................. 28
6.0
AGRICULTURE.................................................................................................................................. 31
7.0
TOWN CENTRE ................................................................................................................................ 33
7.1
Town Centre Zone ....................................................................................................................... 33
7.2
Major Development Proposals in the Town Centre Zone .......................................................... 33
7.3
Expansion of Town Centre .......................................................................................................... 34
7.4
Town Centre Residential Uses .................................................................................................... 34
7.5
Pesaquid Comprehensive Development District ........................................................................ 36
7.6
Waterfront Development District ............................................................................................... 38
7.7
Commercial Development District .............................................................................................. 39
8.0
COMMERCIAL .................................................................................................................................. 41
8.1
Local Commercial ........................................................................................................................ 41
8.2
Highway Commercial .................................................................................................................. 42
8.3
General Commercial ................................................................................................................... 43
8.4
Shopping Centres ........................................................................................................................ 44
8.5
Large Format Retail Stores .......................................................................................................... 46
8.6
Wentworth Road Gateway District ............................................................................................. 47
8.7
Commercial Transition Area ....................................................................................................... 52
9.0
MIXED USE DEVELOPMENT ............................................................................................................. 54
9.1
Mixed Use in the Residential Designation .................................................................................. 54
9.2
Mixed Use in the Commercial and Industrial Designations ........................................................ 54
9.3
Nesbitt Island .............................................................................................................................. 56
10.0
INDUSTRIAL ..................................................................................................................................... 59
10.1
Light Industrial ............................................................................................................................ 59
10.2
Joint Industrial Park .................................................................................................................... 60
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11.0
COMMUNITY USE ............................................................................................................................ 63
11.1
Institutional ................................................................................................................................. 63
11.2
Parks and Open Space ................................................................................................................. 64
11.3 Recreation Commercial ................................................................................................................... 65
12.0
ENVIRONMENTAL CONSTRAINTS .................................................................................................... 66
13.0
ARCHITECTURAL CONTROL DISTRICTS ............................................................................................ 69
14.0
TRANSPORTATION AND ROADS ...................................................................................................... 70
14.1
Regional Roads ............................................................................................................................ 70
14.2
Arterial Roads .............................................................................................................................. 71
14.3
Major Collector Roads................................................................................................................. 71
14.3A
Minor Collector Roads ............................................................................................................ 72
14.4
Intersections ............................................................................................................................... 72
14.5
Infrastructure Maintenance ........................................................................................................ 72
14.6
Pedestrian Traffic ........................................................................................................................ 73
14.7
Multi-use Trails and Bikeways..................................................................................................... 73
15.0
MUNICIPAL SERVICES ...................................................................................................................... 74
15.1
Water and Sewer ........................................................................................................................ 74
15.2
Solid Waste ................................................................................................................................. 75
15.3
Fire .............................................................................................................................................. 75
15.4
Police ........................................................................................................................................... 75
16.0
IMPLEMENTATION .......................................................................................................................... 76
16.1
Municipal Planning Strategy Amendments and Review ............................................................. 76
16.2
Land Use By-law .......................................................................................................................... 76
16.3
Land Use By-law Amendments and Development Agreements ................................................. 77
16.4
Subdivision Control ..................................................................................................................... 79
16.5
Capital Improvement Program ................................................................................................... 80
16.6
Guidance for Variances ............................................................................................................... 80
16.7
Non-conforming Uses and Structures ......................................................................................... 80
16.8
Development Officer ................................................................................................................... 82
16.9
Recovery of Expenses.................................................................................................................. 82
16.10
Repeal of Strategy ................................................................................................................... 82
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1.0 PREAMBLE
1.1
Plan Area
The incorporated Town of Windsor, as defined in Chapter 52 of the Acts of 1878, is the area covered by
this Municipal Planning Strategy. Windsor is located where the Avon and St. Croix Rivers meet and
empty into the Minas Basin, about 70 kilometres (43 miles) northwest of downtown Halifax.
1.2
Scope
The Municipal Planning Strategy provides the framework to guide growth and development in the Town
of Windsor. The Strategy sets out Council's intentions for future development and provides criteria for
Council and planning staff to consider in evaluating development proposals. Together with the Land Use
By-law and the Subdivision By-law, the Municipal Planning Strategy controls future land use
development in Windsor. The Strategy may be amended to accommodate changing conditions and must
be reviewed from time to time to ensure that the policies meet the changing needs of the Town.
This document and the maps listed below make up Windsor's Municipal Planning Strategy:
(a)
Map 1 - Generalized Future Land Use Map; and
(b)
Map 2 - Transportation Map.
1.3
Planning Background
In 1970, the Town and Municipality of West Hants formed the Windsor-West Hants Joint Planning
Advisory Committee. Full-time planning staff were hired in 1973 to prepare planning documents for
both the Town and Municipality. Windsor's first Municipal Development Plan and Zoning By-law were
approved in 1976.
The first five-year review of the Municipal Development Plan and Zoning By-law was begun in 1981 with
Ministerial approval given January 18, 1984. In 1989, another review was initiated and the new
documents were approved by the Minister on October 18, 1991.
A third review, under the Municipal Government Act, was commenced in October 2001. In general, the
purpose of Municipal Planning Strategy and Land Use By-law reviews is to:
(a)
determine the appropriateness of existing policies;
(b)
delete policies that are no longer relevant;
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(c)
add or amend existing policies in a manner that will update the Strategy and Land Use
By-law to reflect existing circumstances and changing community needs; and
(d)
assure compliance with Provincial legislation and policy.
This document is the result of the review process and incorporates additions or amendments
recommended during the review.
1.4
Windsor-West Hants Joint Planning
The Planning Advisory Committees of Windsor and West Hants together constitute the Windsor-West
Hants Joint Planning Advisory Committee (JPAC). The JPAC reviews planning issues and development
proposals which will have a regional impact and any amendments to the policies and/or zone
requirements for the Windsor-West Hants Joint Industrial Park. The review of Windsor's Municipal
Planning Strategy and supporting Land Use By-law was undertaken in conjunction with the review of the
planning documents for West Hants. The policies of each unit's Municipal Planning Strategy are
intended to complement those of the other unit.
1.5
Public Participation
The Town of Windsor's Planning Advisory Committee adopted a comprehensive program of seeking
public opinion and participation prior to planning policies being finalized. The program involved a
household survey and meetings with the general public, community organizations and interested
citizens. Future amendments to this Planning Strategy will continue to include public participation in the
process.
1.6
Regard by Other Agencies
It is intended that all public and private agencies concerned with the development of Windsor shall have
due regard to the policies contained herein.
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2.0 BACKGROUND
2.1
Historical Context
Founded in 1759, Windsor is one of the oldest
towns in Nova Scotia and has had a rich and varied
past. At one time or another, Windsor has served
as a campsite and burying ground for the Mi'kmaq,
an Acadian farming settlement, a military
strongpoint and a major ship-building and
mercantile port. In its present role Windsor is a
regional service centre. Approximately 60 percent
of the total retail trade activity occurring in the
West Hants area takes place in Windsor. In
addition, many government and other administrative offices are located in Windsor.
2.2
Population
Between 1901 and 2001, Windsor's population grew from 2,849 to 3,778--overall, an increase of 929
people. The Town's growth was not constant throughout the century, however. During the first 60
years, the rise was steady, peaking at 3,923 in 1961. By 1991, however, the population had dropped to
3,625. Windsor's population began to rebound as of the 1996 Census, with a 2.8 percent increase to
3,726. The growth continued in 2001, with a 1.4 percent rise, unlike the Province of Nova Scotia as a
whole where the population declined slightly. Table 1 shows the historical growth of Windsor as
compared with Nova Scotia, while Figure 2 graphically shows the population change in Windsor since
1901.
As shown in Figure 3, Windsor has an aging population, following the national trend. The baby boomers,
born after World War II, are reaching their 50s and early retirement, and older people, especially
women, are living longer. Figure 3 also shows that there has been a decline in the number of young
children, a result of the majority of the population being beyond childbearing age.
In 2001, almost one-quarter of all residents of Windsor were above the age of 65 (see Figure 4) and
almost two thirds of those were women. Four retirement homes in Windsor provide over 300 residential
units: Dykeland Lodge, Windsor Elms, Gladys M. Manning Retirement Community and Kingsway Gardens
Enriched Housing Complex.
Figure 1 - Water Street, Windsor circa 1910
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2.3
General Issues and Challenges
The household survey, public meetings and research undertaken during the 2001 Plan Review identified
the following general issues and challenges facing Windsor:
-
Development pressure that may result from twinning Highway 101.
-
Future use of the Windsor Regional High School building and surrounding property.
-
Changing traffic patterns as a result of the new high school off Payzant Drive.
-
Providing green space, trails and linkages within the Town.
-
Preserving and protecting active farmland within the Town.
-
Determining the type of development which is acceptable in the residential core area.
-
Determining whether multiple residential (apartment) development is acceptable in the
Town and if so, where it should be permitted.
-
Preserving the historical character and appearance of Windsor.
-
Guiding development in the Wentworth Road area to provide an aesthetically pleasing and safe
entrance to the Town.
-
Promoting business development in the downtown as well as in the Industrial Parks.
-
Allowing more commercial uses in the Industrial Park, and the effect this might have on the
downtown area.
-
Creating a regional approach to development which benefits both the Town of Windsor and the
Municipality of West Hants.
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3.0 CONCEPT, PRINCIPLES AND INITIATIVES
3.1
Overall Concept
Emphasize and strengthen the role of Windsor as the best place to live in Nova Scotia and a thriving
business and service centre for the region by protecting and enhancing the residential and commercial
environments.
3.1.1 Development Principles
-
Provide more flexibility in allowing consideration of mixed use development.
-
Encourage compact residential and commercial growth similar to existing development
in the older sections of Town which makes best use of municipal infrastructure including
roads, sidewalks and water and sewer services.
-
Maintain close control over the location, scale and design of new multiple unit
residential development.
-
Ensure planning documents provide opportunities and flexibility for a wider range of
home based businesses.
-
Allow for a broader range of uses in the Windsor Industrial Park.
-
Maintain and promote the downtown as the main business district.
-
Establish development standards for the Wentworth Road area which control the type,
location, scale and design of new development and enhance its role as one of the main
entrances to the Town.
-
Promote healthy living through access to park and open space areas including trails, the
waterfront and other public and private facilities.
-
Protect active farms and agricultural dykeland from encroaching development.
3.1.2 Design Principle
-
Adopt design and development initiatives which promote attractive streetscapes and
facilitate both vehicular and pedestrian traffic movement.
3.1.2.1
Design Initiatives
-
Introduce architectural design guidelines which preserve existing buildings and ensure
that new development in both the residential and commercial areas of the Town is
reflective of and compatible with existing buildings and neighbourhoods.
-
Implement landscaping requirements to enhance and improve the visual appeal and
aesthetics of the Town.
-
Promote pedestrian-friendly networks within the Town, including parks, open space and
the waterfront, through pedestrian trails and bike paths or multi-use trails.
-
Promote the development of interconnected streets and other measures to address
traffic issues.
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4.0 GENERAL LAND USE POLICIES
4.1
Accessory Uses and Buildings
(as amended by file #22-14 effective January 10, 2023)
Accessory uses and buildings will be regulated to reduce the impact they may have on surrounding
properties due to their size, number, location and when a building may be constructed, or a use
initiated.
Council will permit construction of an accessory building before the main building since experience has
shown that this is sometimes needed.
Policy
As a result, it shall be the policy of Council to:
GP-1
regulate accessory uses and buildings by:
(a)
regulating the number, size, location and height of accessory buildings; and
(b)
regulating the type, location, and size of accessory uses.
GP-2
permit accessory uses to be located on a lot held in the same ownership and:
(a)
within the same zone as the main building or use it is intended to serve or within an
abutting zone in which the main use or building is permitted; and
(b)
on a lot which directly abuts or is directly across a public street or highway or private
road from the lot containing the main building or use it is intended to serve.
GP-3
permit an accessory building to be constructed prior to construction of a main building only if
development and building permits have been issued for the main building.
4.2
Automobile Service Stations
To avoid traffic problems and ensure safe product delivery, Council wishes to set special requirements
for automobile service stations.
Policy 4.2.1
It shall be the policy of Council to include special provisions in the Land Use By-
law regulating lot access, frontage and similar matters for automobile service
stations.
4.3
Development by the Town of Windsor
Institutional, community use and public works development by the Town of Windsor on Town-owned
land shall be permitted in any zone. For major Town developments, however, such as a sewage
treatment plant, town hall or other public building or facility, Council feels it is important to consider the
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impact on the surrounding neighbourhood as well as to provide an opportunity for public input. For this
reason, where such developments, if undertaken on privately owned land, would be subject to a
development agreement or rezoning process, Council will take into consideration the relevant policies of
the Municipal Planning Strategy prior to commencing construction.
Policy 4.3.1
It shall be the policy of Council to allow institutional, community use or public
works development by the Town of Windsor on Town-owned land in any zone;
however, where such development involves the construction of a new main
building with a gross floor area greater than 2,000 ft2 (185.8 m2) and would
require a development agreement or rezoning if undertaking by the private
sector, it shall be the intention of Council, prior to commencing such
development, to consider its potential impact on the community and seek public
input by:
(a)
requesting a staff report reviewing the relevant policies of the
Municipal Planning Strategy including Policy 16.3.1; and
(b)
holding a public meeting and publishing notice of the public
meeting.
4.4
Existing Undersized Lots
It is not the intention of the Municipal Planning Strategy and Land Use By-law to prevent development
on undersized lots created prior to the introduction of the first Strategy and By-law.
Policy 4.4.1
It shall be the policy of Council to allow development on undersized lots that
existed on the effective date of the first Zoning By-law (January 27, 1976).
4.5
Fences
Fences in residential areas that are extremely high, or are constructed of materials that give an
unattractive or makeshift appearance, detract from the visual appeal of the Town. For this reason,
Council wishes to have some control over certain fence characteristics in the Land Use By-law.
Policy 4.5.1
It shall be the policy of Council to regulate the height, style and location of
fences in the Land Use By-law.
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4.6
Frontage on a Street
Policy 4.6.1
It shall be the policy of Council to require all lots to have adequate frontage upon
a street. Lots existing before the effective date of the first Zoning By-law shall be
exempt from this requirement.
4.7
Home-based Businesses
A home-based business is a small business carried on in a dwelling by a resident of the dwelling. For
many businesses no outward sign of the commercial activity can be noticed. Provided they remain small
in scale, home-based businesses are considered compatible uses in residential areas. Such businesses
provide flexible employment opportunities.
Policy 4.7.1
It shall be the policy of Council to permit home-based businesses in any
residential dwelling and in any zone in which a residential dwelling is located.
Policy 4.7.2
It shall be the policy of Council to establish development standards in the Land
Use By-law regulating the nature and size of home-based businesses to ensure
that they remain small-scale and compatible with residential neighbourhoods.
Policy 4.7.3
It shall be the policy of Council to regulate signage and to prohibit outdoor
storage and display associated with home-based businesses to minimize impact
on adjacent uses.
Policy 4.7.4
It shall be the policy of Council not to permit home-based businesses which may
be considered obnoxious by reason of sound, odour, dust, fumes, smoke or other
emission, refuse material or water-carried waste, or which may be considered
incompatible with residential areas for reasons such as increased traffic flow and
required parking.
4.8
Lighting
To address safety issues and to prevent conflicts between adjacent uses resulting from outdoor lighting,
particularly flood lights, Council shall regulate outdoor lighting through requirements set out in the Land
Use By-law.
Policy 4.8.1
It shall be the policy of Council to regulate outdoor lighting in the Land Use By-
law, in order to prevent conflicts between adjacent uses resulting from
indiscriminate placement of outdoor lighting, particularly flood lights.
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4.9
One Main Building on a Lot
The general intent of the Municipal Planning Strategy is to allow one main building on a lot with
accessory buildings and structures. In certain instances, however, more than one main building may be
necessary to accommodate certain types of development. For example, industrial and agricultural uses
may require several main buildings. The Fairground zone also supports a number of buildings on one
lot. Grouped dwellings, by their very nature, involve several main buildings on a lot.
Policy 4.9.1
It shall be the policy of Council to allow only one main building on a lot with
accessory buildings and structures except for the following zones or uses:
(a)
Industrial zones, except the Joint Industrial Type Three (LI-3) zone;
(b)
Fairground zone;
(c)
Shopping Centre zone;
(d)
Pesaquid CDD;
(e)
College Road CDD;
(f)
Agriculture zone;
(g)
mixed use development permitted under Policies 9.1.1 and 9.2.1; and
(h)
grouped dwellings.
(i)
Wentworth Road Commercial Zone (WMPS 12-01 effective August 23, 2012)
(j)
in the Mixed Use (MU) zone (WMPS 23-02 effective September 3, 2024)
4.10 Open Storage
Where inventory, equipment or other materials related to a business are stored outdoors without
regard for location or screening from adjacent uses, it results in unattractive development and creates
potential for land use conflicts.
Policy 4.10.1To encourage aesthetically pleasing development and avoid land use conflicts, it
shall be the policy of Council to regulate requirements for location and screening
of open storage in the Land Use By-law.
Policy 4.10.2
It shall be the policy of Council that open storage may be prohibited in zones
where potential for land use conflicts may arise.
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4.11 Parking
To ensure adequate parking areas are provided throughout Windsor, parking requirements are
regulated in the Land Use By-law. Council also promotes locating and landscaping parking lots in a way
which lessens their impact on the streetscape.
Policy 4.11.1
It shall be the policy of Council to regulate parking requirements, location and
landscaping in the Land Use By-law.
Policy 4.11.2
It shall be the policy of Council that off-street parking must be provided on the
same lot as the use.
Policy 4.11.3
Notwithstanding Policy 4.11.2, parking may be provided on a separate lot by
development agreement subject to the following criteria:
(a)
the lot is within 300 ft. (91.44 m.) of the lot for which the parking is
required;
(b)
the two lots are in the same ownership;
(c)
the agreement ensures the required parking is continued to be provided
for the said use on the separate lot; and
(d)
the provisions of Policy 16.3.1 of the Municipal Planning Strategy.
Policy 4.11.4
It shall be the policy of Council to consider waiving on-site parking requirements
for new local commercial uses permitted by Policy 8.1.4 where traffic safety
concerns are not created.
Policy 4.11.5
It shall be the policy of Council that, within the Town Centre designation, Council
may accept cash in lieu of the owner providing on-site parking subject to the
requirements of the Land Use By-law. The money received will be used to
enhance public parking in the Town Centre area.
4.12 Parks and Playgrounds
Encouraging and supporting the development of parks and playgrounds is consistent with Council's goal
of promoting healthy living in Windsor.
Policy 4.12.1
It shall be the policy of Council to permit parks and playgrounds in any zone,
provided any accessory buildings are small scale, signage meets the
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requirements of the zone and all other requirements of the Land Use By-law are
met.
4.13 Signage
Signage is regulated in the Land Use By-law to address structural and traffic safety and to encourage
advertising to be compatible with neighbouring land uses and with the community as a whole.
Policy 4.13.1
It shall be the policy of Council to regulate size, location and placement of
signage to avoid potential hazards for pedestrian and traffic movement and to
encourage attractive and compatible signage.
Policy 4.13.2
It shall be the policy of Council to prohibit from all land use zones certain types of
signs which are considered to pose potential public safety hazards, or negatively
affect traffic flow, or which are to be affixed to natural features.
Policy 4.13.3
It shall be the policy of Council to regulate height of ground signs. Certain areas
in Town, including the land adjacent to the St. Croix River, will require a lower
height to preserve view planes.
Policy 4.13.4
It shall be the policy of Council to control new ground signs in the Town Centre
(TC) zone and the Pesaquid Comprehensive Development District (Pesaquid
CDD). (Amendment WMPS 17-01 effective March 6, 2018)
Policy 4.13.5
It shall be the policy of Council to permit roof signs within industrial, fairground
and the Mixed Use (MU) zones only. It shall be the policy of Council to regulate
the size of roof signs to address potential public safety hazards and structural
damage. (Amendment 23-02 Effective September 3, 2024)
Policy 4.13.6
It shall be the policy of Council to particularly regulate the size and location of
signs associated with local commercial uses to preserve the small-scale nature of
these land uses.
Policy 4.13.7
It shall be the policy of Council to prohibit the erection of signs on public
property by non-governmental bodies unless specifically permitted by Council.
4.14 Temporary and Special Uses
Temporary uses include uses and structures which are associated with construction activity such as
construction sheds for tools, materials, or site offices, or signs which are located on the construction site
while the work is proceeding. Council considers these uses to be part of construction activity and will
not restrict their use. Council will, however, require that temporary uses be removed from the
construction site shortly after work is completed.
Special uses refer to signs, banners, display booths and other structures which are used during special
events such as elections or festivals. As with temporary uses, Council will permit these uses on a short-
term basis. Council will require that special uses be discontinued shortly after the special event is
concluded.
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Policy 4.14.1
It shall be the policy of Council to permit temporary structures used in
conjunction with a construction or subdivision project, including offices,
scaffolding, signs and buildings for the storage of equipment and material. No
development permit shall be required for such uses.
Policy 4.14.2
Special uses including signs, banners, display booths and other similar structures
shall be permitted in the Town in conjunction with an election, festival,
celebration, or other special event. No development permit shall be required for
such uses.
Policy 4.14.3
Temporary or special uses described in Policy 4.14.1 and Policy 4.14.2 shall be
required to cease within 14 days of completion or discontinuation of
construction (in the case of a temporary use), or the conclusion of the special
event (in the case of a special use).
4.15 Town/Municipal Boundary
Several residential areas in Windsor are located adjacent to the West Hants municipal boundary. These
areas include Sunnyhill Drive - Campbell Avenue in the south and Underwood Drive to the east.
Development in West Hants would be most easily accomplished by the extension of Town streets and
services in these areas. Both Windsor and West Hants wish to encourage development in the serviced
areas within and adjacent to the Town boundaries. There are, however, two important considerations
for the Town before permitting this to occur. First, it will be important to ensure that the existing road
network within the Town is capable of accommodating any increased traffic from the development.
Second, there must be agreement between the two municipal units on responsibility for delivery and
costs of municipal services to the new development.
Policy 4.15.1
It shall be the policy of Council to work with the Municipality of West Hants
through the Windsor-West Hants Joint Planning Advisory Committee to provide
a seamless delivery of services over municipal boundaries.
Council believes that there are fundamental financial and structural inequities existing between towns
and rural municipalities within the Province that unfairly penalize town residents. Incorporated in 1878,
Windsor is one of the oldest communities in Nova Scotia and, like many other towns, has become the
service center for the rural and suburban communities and residents around it. However, neither town
boundaries nor governance or financial systems have evolved to allow the town to plan for and deliver
services in a cost effective or sustainable manner.
A Towns Task Force established by the Union of Nova Scotia Municipalities (UNSM) and the Province of
Nova Scotia in 2010, has the mandate to review and recommend changes that will address these
inequities. Council is hopeful that positive changes will result from this review.
Council does not, however, believe that the current service delivery and planning issues facing the Town
can wait indefinitely. The long term sustainability of the Town is considered to be in jeopardy unless
significant improvements to the current situation are found within a reasonable timeframe. These
include fairer and more equitable cost sharing arrangements with the Province and neighbouring
municipal units with respect to a number of services and programs as well as managing more effectively
the growth in those areas adjacent to town boundaries.
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The failure to achieve substantial financial and planning improvements through efforts such as the
UNSM Town's Task Force, will necessitate the consideration of more significant alternatives which
include the possible annexation of lands adjacent to the town, amalgamation under a regional
government structure or innovative economic development unions with other municipalities in the
Valley corridor. (Amendment WMPS 01-12 Effective July 12, 2012)
Policy 4.15.2
It shall be the intention of Council to continue to pursue improved equitable
funding models with the Province and with neighbouring municipal units.
Additionally, Council will pursue and manage a more integrated planning
framework for areas adjacent to town boundaries which may include revenue
sharing and better cost sharing models. Should efforts to achieve significant
changes in these areas not be successful, it shall be the intention of Council to
consider other alternatives, including but not limited to the application for
amalgamation or annexation of lands adjacent to the Town, a political union
under a more regional government structure or other innovative economic
unions and governance structures with different municipalities.
4.16 Utilities and Telecommunication Towers
The infrastructure required for supplying efficient utility services, whether public or private, to the Town
of Windsor can involve small buildings for equipment and servicing. It is not the intention of Council to
restrict where these small buildings are located. However, larger buildings which include office space or
some other use will be required to locate in an appropriate zone.
Policy 4.16.1
It shall be the policy of Council to permit utility buildings and associated uses
under 100 ft2 (9.3 m2) in floor area in any zone in the Town of Windsor.
Notwithstanding Policy 4.16.1, since towers create a greater visual impact on the community, Council
wishes to direct the location of wireless telecommunication towers to industrial and agricultural lands
within the Town. Although Industry Canada regulates telecommunication facilities, the proponent is
required to consult with municipal land use authorities before approving a new installation. In most
instances, telecommunications companies are willing to work with municipal staff to reduce the impact
of such structures on the community. By setting out requirements for fencing and landscaping in the
Land Use By-law, Council provides a standard for companies to meet or exceed. Finally, sometimes it is
possible for companies to co-locate on a single tower rather than building several structures in close
proximity. In these cases, Council encourages service providers to work together to build a single tower.
Policy 4.16.2
It shall be the policy of Council to encourage the location of wireless
telecommunication towers in the Industrial and Agriculture zones and to include
requirements for fencing, landscaping and co-location of towers and related
buildings in the Land Use By-law.
4.17 Watercourses
Human activity and development adjacent to watercourses can destroy wildlife habitat and affect water
quality. By establishing minimum setback requirements from watercourses, negative impacts of
construction, such as siltation, can be minimized or avoided.
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Policy 4.17.1
It shall be the policy of Council to control in the Land Use By-law the
development of lands adjacent to watercourses. The purpose of such regulation
is to preserve natural habitats and to limit environmental impacts, such as
siltation, which often accompany construction adjacent to watercourses. This
control shall be accomplished by the establishment of a minimum separation
distance from watercourses.
4.18 Housing
Council acknowledges it is important to encourage the provision of housing that includes all residents in
Windsor regardless of socio-economic status, age or physical or mental disability. Demographic changes,
such as an aging population, smaller household size and a growing number of single-parent families,
mean that a community needs to provide diverse housing types to satisfy the housing needs of its
population. To achieve the foregoing, the Municipality will continue to plan for a range of housing types,
including low density, medium density, and high density housing in appropriate locations. Housing must
be available for seniors and individuals in the community with special needs. Housing choices and the
affordability of those choices can be increased by providing flexible development standards allowing for
smaller lots and setbacks, narrower streets, clustered developments and opportunities for multiple-unit
development in appropriate locations. Secondary suites can provide a solution for those wishing to keep
elderly or dependent family members nearby and can increase affordable housing options for the
greater community. By regulating the size and appearance of these suites, Council can ensure they have
minimal effect on the overall built form and are compatible with the neighbourhood. (as amended by File
#23-21 effective May 13, 2025)
Policy
As a result, it shall be the policy of Council to:
4.18.1 encourage the provision of housing adequate to meet the needs of all residents of
Windsor. Council will encourage affordable housing, special-needs housing and rental
accommodation to develop in a manner that is sensitive to the needs of those being
served and the entire community.
4.18.2 provide for the development of a range of housing types in Windsor.
4.18.3 include flexible development standards which encourage innovative housing
development in the Municipal Planning Strategy and Land Use By-law.
4.18.4 permit secondary suites within and accessory to single and two-unit dwellings in all
zones, and regulate the size, location and appearance of secondary suites to ensure the
use remains small-scale and compatible with the neighborhood. (as amended by File #22-14
effective January 10, 2023)
(Amendment WMPS File 20-29 effective September 14, 2021)
Affordable Housing
(as amended by File #23-21 effective May 13, 2025)
Council acknowledges that affordable housing is needed to ensure a high quality of life for all residents.
In order to address housing affordability challenges, the Municipality will encourage the provision of
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affordable housing units through creating affordable housing policies and develop partnerships with
local housing providers, agencies, and other levels of government to meet the varying financial needs of
current and future residents.
4.18.5 It shall be the Policy of Council to incentivise affordable housing through the use of
bonus zoning, where additional units will be permitted if the development provides a
certain number of dwelling units that meet the definition of Affordable Housing Unit in
this Land Use By-law, in the following zones:
a)
Medium Density Residential (R-2); and
b)
High Density Residential (R-3).
4.18.6 It shall be the policy of Council to identify surplus Municipal-owned properties that may
be suitable for affordable housing development.
4.18.7 It shall be the policy of Council to consider the disposal of identified surplus Municipal-
owned properties to housing providers at a price less than market value for the purpose
of affordable housing development, where Council determines that it is in the best
interest of the Municipality to do so.
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5.0 RESIDENTIAL
According to the 2001 Census, there were 1,635 dwelling units in the Town of Windsor, an increase of
over 10 percent from the 1996 Census. About half (49%) of the existing housing stock (Figure 5) in
Windsor is single detached dwellings, while apartment buildings and duplexes account for roughly 40
percent of the total number of housing units. Windsor has traditionally had a higher proportion of rental
units, compared with owned units, than the Province as a whole (Table 2).
Most of the housing stock in the Town consists of older buildings. As of 1986, 49 percent of the
dwellings were constructed prior to 1949 as shown in Figure 6.
The residential land use designation comprises a wide variety of residential uses including single unit
dwellings, two unit dwellings, townhouses and apartment buildings. Areas may be zoned in the Land Use
By-law to provide for the separation of some or all of the various forms of housing.
Policy 5.0.1
It shall be the policy of Council to establish a Residential designation as shown
on the Generalized Future Land Use Map (Map 1).
Policy 5.0.2
It shall be the policy of Council to stack the residential zones by allowing lower
density residential development in the higher density residential zones.
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5.1
Low Density Residential
(as amended by File #23-21 effective May 13, 2025)
The Low Density Residential (R-1) zone encompasses areas in which the predominant existing use is
single detached dwellings. The previous Land Use By-law also pre-zoned several blocks of vacant land for
low density residential development. Those areas, located on College Road, Payzant Drive and
Underwood Drive, will also be zoned Low Density Residential (R-1) under this Strategy and Land Use By-
law.
Policy 5.1.1
It shall be the policy of Council to establish a Low Density Residential (R-1) zone
for areas where previously zoned as Single Unit Residential under the former
Windsor Land Use By-law.
Policy 5.1.2
In addition to zoning areas of previous single unit residential development,
Council shall consider pre-zoning areas for future low density residential use
where the need is anticipated and the use is considered compatible with the
surrounding area.
Policy 5.1.3
It shall be the policy of Council that within the Residential designation, areas
zoned Low Density Residential (R-1) may be rezoned to Medium Density
Residential (R-2). In considering such a rezoning, Council shall have regard to the
following:
(a)
the proposed use is compatible with the residential character of the area
with respect to such things as traffic generation, population density and
architectural design and scale;
(b)
adequate on-site parking can be provided;
(c)
access to the site will not be hazardous with respect to traffic flow;
(d)
adequate landscaping and recreational or open space can be provided;
(e)
any other matter which may be addressed in a Land Use By-law; and
(f)
the provisions of Policy 16.3.1 of the Municipal Planning Strategy.
5.2
Medium Density Residential
(as amended by File #23-21 effective May 13, 2025)
The developed residential area in the core of the Town of Windsor supports a large number of older
homes, many of which were built shortly after the Great Windsor Fire of 1897. The concentration of late
Victorian and Edwardian homes, with their attractive and distinctive features, makes this area of great
historic and architectural value to the Town.
At one time, multiple residential zoning of the core area resulted in the conversion of some of these
large homes into apartment units and boarding houses. In 1988, this area was changed to two unit
residential zoning since it was felt that such conversions were insensitive to the distinctive architectural
features and historic character of the homes and discouraged new multi-unit apartment building
development.
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Under this Strategy, the two unit residential zoning in the core area is intended to allow limited
conversions while preserving the character of the area. In neighbourhoods with a concentration of
historic buildings, architectural design controls, as described in Section 13, will apply to ensure that new
construction, repairs, renovations and conversions are carried out in a manner sympathetic to the
existing architectural style. Multiple unit projects may also be compatible in these areas, provided
sufficient attention is paid to architectural design and scale, population density and traffic generation.
Other areas in the Town are zoned for two unit residential based on the existing or anticipated uses in
the area.
Policy 5.2.1
It shall be the policy of Council to establish a Medium Density Residential (R-2)
zone in areas where zoned Two Unit Residential (R-2) under the previous Land
Use By-law.
Policy 5.2.2
It shall be the policy of Council to permit the conversion of dwellings to a
maximum of six units in the Medium Density Residential (R-2) Zone.
5.3
High Density Residential
(as amended by File #23-21 effective May 13, 2025)
Since the consolidation of West Hants Regional Municipality, the Windsor area has seen a trend of
increasing the number of apartment units. Higher density residential fosters a more affordable and
energy efficient housing choice for a diversity of residents. The High Density Residential (R-3)
encompasses areas previously zoned as Medium or High Density Residential under the former Windsor
Land Use By-law where municipal services are available. New high density residential will be developed
in a manner that is conscious with the surrounding neighbourhood. To achieve that, the new high
density residential developments with more than three storeys or containing more than twelve units will
only be considered by development agreement.
Policy 5.3.1
It shall be the policy of Council to establish a High Density Residential (R-3) zone
which allows multiple unit residential development consisting of up to twelve
units, grouped dwellings, boarding houses and residential care facilities.
Policy 5.3.2
It shall be the policy of Council to require adequate recreational space for high
density residential development.
Policy 5.3.3
It shall be the policy of Council to consider entering into a development
agreement to allow, in the Residential designation, new high density residential
development over three storey in height or contain more than twelve dwelling
units, grouped dwellings, boarding houses and residential care facilities, as well
as the conversion of existing buildings of more than twelve dwelling units,
subject to the following:
a) The proposed use meets one of the following
i)
In the case of a new building or the conversion of an existing non-
residential building, that the development is generally consistent
with the High Density Residential (R-3) zone standards; or
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ii) In the case of a conversion of an existing residential building, that
any addition or enlargement to the building meets the setback
requirements of the zone in which it is located, or that any
undersized setbacks are not further reduced by the addition or
enlargement;
b) The height, scale, lot coverage and appearance of any building is compatible
with adjacent land uses;
c) In the case of developments exceeding three storeys, the side yards must be
at least one-half the height of the building, and the building in no instance
exceed 80 ft (24.38 m) in height;
d) The development is considered compatible with the residential character of
the area with respect to traffic generation and population density;
e) Consideration is given to the provision of fences and/or landscaping as part
of the residential development to minimize effects on adjacent land uses;
f) Adequate on-site parking is provided and parking areas are well designed;
g) There is adequate on-site recreational open space suitable in extent and
design to the nature of development; for conversion of existing buildings,
nearby public parks may be deemed sufficient;
h) The development abuts an arterial or collector street as shown on the
Transportation Map (Map 2), if the development consists of more than 12
units;
i)
The architectural design of the development is reasonably consistent with
the provisions of the Architectural Design Manual if the proposed
development is located in an Architectural Control District;
j)
In the case of the conversion of an existing structure, renovations can be
made to ensure the safety of residents in case of fire;
k) Any other matter which may be addressed in a development agreement; and
l)
The provisions of Policy 16.3.1 of the Municipal Planning Strategy.
Policy 5.3.4
It shall be the policy of Council to consider rezoning land, in the Residential
designation, to R-3 subject to the following:
a) The lot is serviced, or is capable of being serviced, with municipal water and
sewer;
b) The development is compatible with the character of the area with respect
to building scale and design, traffic generation, population density and
similar matters;
c) Existing and proposed streets are adequate to support the development and
existing streets will not require major infrastructure improvements as a
result of the development;
d) Adequate open space or recreational space is provided;
e) Adequate on-site parking is provided;
f) Any other matter which may be addressed in a Land Use By-law; and
g) Policy 16.3.1.
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5.4
Downzoning
(renumbered by amendment #23-21 effective May 13, 2025)
Residential zones are stacked, allowing lower density development in higher density zones. It may be
desirable in certain instances to downzone higher density areas to restrict multiple unit residential
development.
Policy 5.4.1
It shall be the policy of Council to consider downzoning higher density areas by
amendment to the Land Use By-law having regard to the following
considerations:
(a)
multiple unit residential development does not exist at the site;
(b)
multiple unit residential development is not considered compatible with
the residential character of the area with respect to traffic generation,
population density, architectural design and scale and similar matters;
(c)
lot sizes or existing development patterns impede the development of
the area for multi-unit development;
(d)
any other matter which may be addressed in a Land Use By-law; and
(e)
the provisions of Policy 16.3.1 of the Municipal Planning Strategy.
5.5
College Road Comprehensive Development District
(Amended January 22, 2022) (renumbered by amendment #23-21 effective May 13, 2025)
College Road is a dead-end street which currently serves agricultural land, a Provincial Heritage Property
known as Richmond Hill Farm, the Gladys M. Manning Retirement Community, the Dykeland Lodge
property, Howard Dill Enterprises, Kings-Edgehill School, the Gordon Hughes Tennis Club-Windsor, and a
number of residential uses.
Under the previous Municipal Planning Strategy, a Comprehensive Development District (CDD) was
applied to all properties on the north side of College Road from the Gladys Manning Retirement
Community west to the Windsor limits at Lebreau Creek. Council wished to see a cohesive approach to
development of this land including a phasing plan and a comprehensive statement of the developers'
intentions prior to any structure or use being established. The intent was that development in the CDD
would consist of mixed uses including major residential, institutional or recreational development, and
other limited services and uses in support of these major uses. Development would proceed only by
development agreement. In establishing the CDD, Council wanted to be able to exert particular control
over the development of properties with specific environmental and topographic constraints that could
present servicing and development problems. Council also wished for more flexibility in providing for a
broader mix of land uses.
Although Phases 1, 2 and 3 of the Gladys Manning Retirement Community were built under this policy,
no other new development proceeded during the 12 years since the CDD was created. In fact, the
limitations of the CDD may have affected agricultural development on some of the existing farms in the
area. In addition, some of the CDD fell under new provincial legislation which limits development on
agricultural dykeland.
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Council feels the CDD may be somewhat redundant given that this Strategy establishes new policies to
allow for mixed development by development agreement. In addition an Environmental Constraints
designation (see Section 12), which applies to dykeland and other areas with topographic or
environmental hazards, provides more control over the development of these areas. As a result, Council
wishes to limit the CDD to the Gladys Manning property, which has already been partially developed
under this policy, and the Dykeland Lodge Property.
Matters that Council shall consider prior to the approval of an agreement include compatibility of uses
and structures, servicing requirements, vehicle and pedestrian traffic, environmental suitability of the
site, financial capability of the Municipality to absorb any costs relating to the development, and
timeliness of the development.
Policy 5.5.1
It shall be the policy of Council to establish the College Road Comprehensive
Development District (College Road CDD) which allows residential, institutional
or recreational development and other limited services and uses in support of
this development. As-of-right development shall not be permitted.
Policy 5.5.2
It shall be the policy of Council to designate the Gladys Manning Retirement
Community property and the Dykeland Lodge property as College Road CDD as
shown on the Generalized Future Land Use Map (Map 1).
Policy 5.5.3
Without limiting the generality of Policy 5.7.1, it is the intention of Council that
development of all or part of the College Road CDD primarily comprise:
(a)
residential, institutional or recreational development on separate
parcels of land or integrated throughout the same parcel; and
(b)
convenience and specialty stores, medical offices, personal service shops
and other similar limited services and uses in support of the primary
developments in the College Road CDD.
Policy 5.5.4
It shall be the policy of Council that a development agreement for the
development of the College Road CDD shall only be approved when the following
conditions have been satisfied:
(a)
the proposed agreement is not considered premature or inappropriate in
terms of the adequacy of existing and proposed roads and pedestrian
routes within and adjacent to the College Road CDD;
(b)
the development agreement is consistent with the intent of Policy 5.7.3
and other relevant policies of the Municipal Planning Strategy;
(c)
any area within 300 ft (91.44 m) of Lake Pesaquid shall be considered
environmentally sensitive and methods of protecting the land and
watercourse during construction of the development shall be required.
Reference also must be made to Policy 4.17 regarding watercourses;
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(d)
the development is compatible with existing development within and
adjacent to the College Road CDD, or other development in the College
Road CDD proposed in an existing agreement;
(e)
any other matter which may be addressed in a development agreement;
and
(f)
the provisions of Policy 16.3.1.
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6.0 AGRICULTURE
A significant amount of the farmland in Windsor is dykeland which is extremely valuable for agricultural
use. Agricultural dykeland is protected under an Environmental Constraints designation (see Section 12),
as well as the Nova Scotia Agricultural Marshland Conservation Act. There are several active farms
within the Town boundaries. Council recognizes the importance of these farms but knows that these
properties will become increasingly attractive to developers.
For this reason, an Agriculture designation and zone will be established to protect active farmland.
Because most agricultural operations are dependent upon the presence of fertile, productive topsoil,
the removal of topsoil from land zoned agriculture will be prohibited. Larger lot sizes will be required in
the Agriculture zone to discourage residential subdivision. Separation distances will be established with
respect to development near livestock operations to avoid the land use conflicts that often arise
between farm and non-farm uses. New livestock barns will also be subject to setback requirements from
non-farm uses.
Council wishes to encourage and facilitate the ongoing operation of the active farms in Windsor as long
as the owners wish to continue to farm; however, because of the shortage of developable, serviced land
within the Town boundaries, Council will consider rezoning agriculturally zoned land for other uses,
provided the proposed development will not have a negative impact on adjacent active farms. No new
land will be zoned for agricultural use and no new intensive livestock operations will be permitted.
Policy 6.0.1
It shall be the policy of Council to establish an Agriculture designation as shown
on the Generalized Future Land Use Map (Map 1) which shall apply to active
agricultural land and land not currently required for development.
Policy 6.0.2
Within the Agriculture designation, it shall be the policy of Council to establish
an Agriculture (AG) zone which permits: agricultural uses, except new intensive
livestock operations; compatible uses such as riding stables; accessory
agricultural buildings, structures and uses; and single unit dwellings.
Policy 6.0.3
It shall be the policy of Council to specifically list existing intensive livestock
operations as a permitted use in the Agriculture zone, giving these operations all
rights of any other permitted use, including the right to resume operations after
an extended period of inactivity.
Policy 6.0.4
It shall be the policy of Council that the primary purpose of the Agriculture (AG)
zone is to protect existing active farms by ensuring that agricultural activity can
occur with a minimum of disruption from competing or non-compatible land
uses.
Policy 6.0.5
It shall be the policy of Council to prohibit the removal of topsoil from land zoned
Agriculture (AG) except as necessary to allow for the development of uses
permitted in the zone, or where the topsoil removal is incidental to an
agricultural operation such as sod farming.
Policy 6.0.6
To reduce land use conflicts and minimize risk of pollution from agricultural
activities, it shall be the policy of Council to regulate the location of livestock
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operations, including separation distances from watercourses, wells and
adjacent non-farm buildings. Conversely, new residential developments shall be
required to maintain sufficient distance from existing intensive livestock
operations. The number of livestock permitted on a hobby farm or non-intensive
livestock operation shall be limited based on lot size.
Policy 6.0.7
It shall be the policy of Council to allow existing intensive livestock operations
which do not meet setback or separation distance requirements to expand,
provided the expansion does not further encroach on the setbacks or separation
distances that do not conform.
Policy 6.0.8
Where an existing intensive livestock operation cannot meet required setback or
separation distances and there is no other feasible alternative location for the
expansion, it shall be the intention of Council to include provisions in the Land
Use By-law that will allow the Development Officer to reduce certain separation
distances, provided the applicant submits an environmental site assessment
and plans prepared by a qualified agricultural engineer who certifies that
manure management and storage capacity will be adequate, contaminated
runoff will be eliminated or contained and there will be no increased pollution
risk associated with the project.
Policy 6.0.9
It shall be the policy of Council that agricultural uses involving the keeping of
horses and other livestock shall be prohibited within the Town of Windsor except
in the Agriculture (AG) zone.
Policy 6.0.10
It shall be the policy of Council to permit lands zoned Agriculture to be
considered for other uses by amendment to the Land Use By-law subject to
Policy 16.3.1. In considering such a rezoning, Council shall have regard to the
potential impact of the new development on adjacent active farms.
Policy 6.0.11
It shall be the policy of Council not to permit the rezoning of land to the
Agriculture (AG) zone.
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7.0 TOWN CENTRE
Much of the Windsor's commercial space is concentrated along Water Street between King and Albert
Streets and along Gerrish Street between Water and Victoria Streets. Council recognizes the importance
of a strong and vibrant downtown to the future prosperity of Windsor and places a high priority on
efforts to enhance this area. Major development proposals in the Town Centre will be addressed by
development agreement to allow Council greater control over the type and form of these
developments.
The waterfront along Lake Pesaquid is one of the Town's most valuable assets. Council wishes to ensure
that any future development or redevelopment of the waterfront occurs in cohesive manner that
enhances this area. The establishment of the Pesaquid Comprehensive Development District is the
approach which has been selected by Council to achieve this goal.
Policy 7.0.1
It shall be the policy of Council to establish a Town Centre designation as shown
on the Generalized Future Land Use Map (Map 1) which shall apply to the
Central Business District and the Windsor waterfront. Within this designation,
only the following zones shall apply: Town Centre and Pesaquid Comprehensive
Development District.
Policy 7.0.2
It shall be the policy of Council to encourage and promote the Town Centre
designation as the Central Business District of Windsor.
Policy 7.0.3
It shall be the intention of Council to encourage and cooperate with the
downtown business community in the development and implementation of
programs designed to enhance the attractiveness of downtown Windsor as a
business and shopping area.
Policy 7.0.4
It shall be the policy of Council not to permit large format retail stores in the
Town Centre designation.
7.1
Town Centre Zone
Policy 7.1.1
It shall be the policy of Council to establish a Town Centre (TC) zone
encompassing the area generally bounded by King Street, Stannus Street,
Victoria Street, and Water Street between Highway 101 and Albert Street.
Within the Town Centre zone, it shall be the policy of Council to allow a wide
range of commercial, entertainment, institutional and community uses.
7.2
Major Development Proposals in the Town Centre Zone
Policy 7.2.1
It shall be the policy of Council that the following categories of development
proposals in the Town Centre zone will be considered by development
agreement subject to Policy 7.2.2:
(a)
new main buildings;
(b)
additions in excess of 1,000 ft2 (92.9 m2) in floor area to the front
façade of an existing building; or
(c)
where the development will be located on a parcel of land exceeding one
acre (0.4 hectare) in size;
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(d)
ground signs.
Policy 7.2.2
It shall be the policy of Council that the review of development proposals under
Policy 7.2.1 will have due regard to the following conditions:
(a)
the proposed use is a permitted use in the Town Centre zone;
(b)
the architectural design of the development is reasonably consistent
with the provisions of the Architectural Design Manual;
(c)
the building design incorporates windows and other elements in the
street level façade to avoid the appearance of solid blank walls;
(d)
adequate provision is made for parking or Policy 4.11.3 is applied;
(e)
where possible, landscaping and pedestrian areas, such as courtyards,
are provided;
(f)
any other matter which may be addressed in a development agreement;
and
(g)
the provisions of Policy 16.3.1.
7.3
Expansion of Town Centre
Policy 7.3.1
The expansion of the Town Centre designation may be permitted by
amendment to this Strategy and to the Land Use By-law, subject to the
following conditions:
(a)
sufficient parking space is available or will be created for the expanded
area;
(b)
permitted uses for the expanded Town Centre area do not conflict with
residential uses adjacent to the boundary;
(c)
there is a demonstrated need for additional land zoned Town Centre or
Pesaquid Comprehensive Development District;
(d)
traffic flow will not be adversely affected;
(e)
the expansion abuts the existing Town Centre designation;
(f)
adequate municipal services are available;
(g)
any other matter which may be addressed in a Land Use By-law; and
(h)
the provisions of Policy 16.3.1.
7.4
Town Centre Residential Uses
The boundaries of the Town Centre include areas of existing residential development. The intent is to
provide sufficient land for future commercial expansion, as well as to recognize that residential activity
is an important element within the downtown area.
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Policy 7.4.1
It shall be the policy of Council to recognize residential land use as an important
activity in the Town Centre and to list as permitted uses in the Town Centre zone
existing residential dwellings and residential uses on floors of commercial
buildings other than the main level except in area bounded by King Street,
Stannus Street, Gray Street and Victoria Street where residential uses on the
main level shall be permitted.
Policy 7.4.2
To provide more control over new residential development and increases in the
number of dwelling units in existing residential buildings, and recognizing that
most existing lots and buildings cannot conform to current standards, it shall be
the policy of Council that the following types of residential development shall be
considered in the Town Centre zone by development agreement subject to Policy
7.4.3:
(a)
the construction of a new residential building containing three or more
dwelling units; and
(b)
an increase in the number of dwelling units in an existing residential
building.
Policy 7.4.3
In considering development agreements specified under Policy 7.4.2, it shall be
the policy of Council to have due regard to the following conditions:
(a)
the architectural design and scale of the proposed development is
compatible with the surrounding area and is reasonably consistent with
the provisions of the Architectural Design Manual;
(b)
where the development involves the construction of a new residential
building, commercial space shall be included at the street level, except in
cases where commercial space is not appropriate because the
development is proposed for a fringe area of the Town Centre which is
still predominantly residential;
(c)
the location of the proposed development does not compromise the
commercial integrity of the area or restrict existing commercial
development patterns;
(d)
adequate provision is made for parking and for access to and from the
site;
(e)
adequate recreational open space is available either on site or in nearby
public parks;
(f)
any other matter which may be addressed in a development agreement;
and
(g)
the provisions of Policy 16.3.1.
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7.5
Pesaquid Comprehensive Development District
Windsor's waterfront is much valued for recreation and as a gathering place for festivals and other
special events. Its high visibility from Highway 101 also helps to draw people into the downtown
commercial area. The Town of Windsor and the community in general have invested a great deal of time
and money into enhancing the attractiveness of the waterfront. Future development and re-
development of the Pesaquid Comprehensive Development District should be inter-related, with a
comprehensive approach taken to design, circulation, parking, infrastructure, and compatible uses. It is
important to retain public access to the water and to provide recreation facilities. The waterfront is
considered the "window on the community" and new developments should have both a connection to
the downtown and an orientation to the water. To ensure that a careful and comprehensive approach is
taken to development in this area, major development will be considered by development agreement.
Minor development such as small additions, accessory buildings or renovations to existing buildings will
be permitted as-of-right in accordance with the Town Centre (TC) zone requirements.
It is the intention of Council that the Town-owned waterfront land primarily be used as recreational
open space; however, in an effort to attract more people to the area, the Town would like to see the
development of small kiosks or booths providing retail space for seasonal businesses such as farm
markets, gift and craft shops catering to tourists, and food service kiosks. These kiosks are intended to
be very small structures which would be removed at the end of the season. Their precise location and
design will be governed by the terms of a leasing arrangement with the Town; however, the Land Use
By-law will include provisions allowing for such temporary structures.
Policy 7.5.1
It shall be the policy of Council to establish a Pesaquid Comprehensive
Development District (Pesaquid CDD) zone which will apply to the area between
the Highway 101 causeway and the Avon River Bridge from Water Street to Lake
Pesaquid.
Policy 7.5.2
It shall be the policy of Council that the following categories of development
proposals in the Pesaquid CDD will be considered by development agreement
subject to Policies 7.5.3, 7.5.4 and 7.5.5 (Amendment 23-39 Effective June 4, 2024):
(a)
a change in use in an existing building to a use which is not permitted in
the Town Centre (TC) zone;
(b)
new main buildings;
(c)
additions in excess of 1,000 ft2 (92.9 m2) in floor area;
(d)
accessory structures in excess of 500 ft2 (46.5 m2) in floor area; or
(e)
residential uses behind commercial uses on the ground floor of existing
buildings (Amendment 23-39 Effective June 4, 2024).
Policy 7.5.3
It shall be the policy of Council that within the Pesaquid CDD, Council will
consider a mix of uses including:
(a)
commercial development including retail, service, office and
entertainment uses;
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(b)
recreational facilities to accommodate passive and active recreational
activities or special events;
(c)
residential development as a secondary focus, located behind the
commercial uses on the ground floor (Amendment 23-39 Effective June 4, 2024)
or on the upper floors of commercial buildings; other types of residential
development, such as apartment buildings or town houses, will be
considered, but will not be the dominant feature of the development.
Policy 7.5.4
It shall be the intention of Council when evaluating a development agreement
for the Pesaquid CDD under Policy 7.5.2 to have regard to the following:
(a)
the mix or type of uses shall be predominantly commercial, recreational
or institutional;
(b)
provision is made for efficient pedestrian and vehicular traffic
circulation, with particular regard to ingress and egress from the site,
traffic flow and parking areas;
(c)
the proposed development is compatible with existing uses and
buildings in and adjacent to the Pesaquid CDD with particular regard to
building scale and design, landscaping and buffering between uses,
hours of operation and the degree to which the proposal complements
development of the remainder of the Pesaquid CDD.
(d)
the development shall not detract from the quality of water in Lake
Pesaquid;
(e)
the development has an orientation toward the water and attempts to
link Water Street to the waterfront;
(f)
public access to the waterfront is retained;
(g)
any other matter which may be addressed in a development agreement;
and
(h)
the provisions of Policy 16.3.1.
Policy 7.5.5
It shall be the intention of Council when evaluating a development agreement
for residential uses behind commercial uses on the ground floor within the
Pesaquid CDD, as enabled through Policy 7.5.2, to have regard to the following
(Amendment 23-39 Effective June 4, 2024):
(a) the residential uses on the ground floor of an existing building shall occupy
no more than 50% of the ground floor area of the structure;
(b) the residential uses must be located behind a commercial use. The
commercial use must have frontage on the street;
(c) the provisions of Policy 16.3.1
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Policy 7.5.6
It shall be the policy of Council that within the Pesaquid CDD, minor
development such as a change in use in an existing building, a small addition or
accessory building, and repairs or renovations, shall be permitted as-of-right in
accordance with the provisions of the Town Centre (TC) zone.
Policy 7.5.7
It shall be the intention of Council to establish provisions in the Land Use By-law
governing the development of temporary retail sales kiosks within the Pesaquid
CDD. Such regulations shall limit the length of time the structure will be
permitted and will control matters such as signage, structure size and use.
Policy 7.5.8
It shall be the policy of Council to encourage land assembly in the Pesaquid CDD
to make available an increased land base for mixed development.
Policy 7.5.9
Council shall encourage the phasing of development, where applicable, in the
Pesaquid CDD.
7.6
Waterfront Development District
(WMPS 19-01 effective October 1, 2019)
Policy 7.6.1
It shall be the policy of Council to establish a Waterfront Development District
(WDD) zone which will apply to the area between the Highway 101 causeway
and the King Street Extension.
Policy 7.6.2
It shall be the policy of Council that the following categories of development
proposals in the WDD will be considered by Site Plan Approval subject to policies
7.6.3 and 7.6.4:
(a)
new main buildings;
(b)
additions in excess of 1,000 ft2 (92.9 m2) in floor area; or
(c)
accessory structures in excess of 500 ft2 (46.5 m2) in floor area.
Policy 7.6.3
It shall be the policy of Council that within the WDD, Council will consider a mix
of uses including:
(a)
Commercial development including retail, service, office and
entertainment uses;
(b)
Recreational facilities to accommodate passive and active recreational
activities or special events;
(c)
Multi-unit residential uses to provide new alternative forms of housing in
the downtown.
Policy 7.6.4
It shall be the intention of Council when evaluating a Site Plan Approval for the
WDD under Policy 7.6.2 to have regard to the following:
(a)
the mix or type of uses shall be predominantly residential, commercial,
recreational, office or institutional;
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(b)
provision is made for efficient pedestrian and vehicular traffic
circulation, with particular regard to ingress and egress from the site,
traffic flow and parking areas;
(c)
the development shall not detract from the quality of water in Lake
Pesaquid;
(d)
public access to the waterfront is retained;
(e)
the development does not exceed the height or density limits of the site.
(f)
at least half the parking is located underground in the buildings with no
blank parking garage walls along any street;
(g)
any ground floor units fronting a street must have exterior doors on the
street to increase the streetscape activity and visual interest;
(h)
any ground floor uses along Upper Water Street are primarily retail in
nature;
(i)
any parking podiums are landscaped as public or private parks.
Policy 7.6.5
It shall be the policy of Council to encourage land assembly in the WDD to make
available an increased land base for mixed development.
Policy 7.6.6
It shall be the policy of Council to develop a site plan approval process in a new
WDD zone to encourage mixed use development in the WDD zone. Developers
will have to meet the submission format and development rules in this new zone.
Policy 7.6.7
It shall be the policy of Council to permit developers to use a development
agreement process if they cannot meet the regulations in the new WDD zone.
Policy 7.6.8
The Town will consider forming a design review committee, consisting of
architecture, landscape architecture, planning, and engineering professionals as
a tool for the Development Officer to deal with Site Plan approval and to carry
out the intent of the WDD and improve the approval process in the Town Centre
Designation.
Policy 7.6.9
The WDD will be enabled within the Town Centre designation.
7.7
Commercial Development District
It is the intention of Council that the Town Centre (TC) designated area be the focus of a Commercial
Development District (CDD) where Bill 177, a property tax rebate program, will be applied.
Council believes that a revitalized Town Centre and waterfront area is a key ingredient for the long-term
sustainability of the Town/region and the Town is committed to using available tools to incentivize
redevelopment.
Creating a vibrant and active Town Centre and waterfront area contributes to a higher quality of life for
residents, makes redevelopment opportunities more attractive (e.g. Brownfields), and utilizes existing
infrastructure.
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Policy 7.7.1
It shall be the policy of Council to establish a Commercial Development District
(CDD) which will include the Town Centre (TC) designated area and apply to all
areas identified on Map 3 -Commercial Development District.
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8.0 COMMERCIAL
Outside of the Town Centre, the only other area of relatively concentrated commercial development is
located along Wentworth Road between the Highway 101 overpass and O'Brien Street. Council is
concerned about the future development of this area since it is one of the main entrances to the town
and includes several large parcels of land with potential for development or redevelopment. Specific
policies addressing the Wentworth Road area are contained in Section 8.6.
Other commercial uses are scattered throughout town, particularly along O'Brien Street and on King
Street where it intersects with Highway 14 and Wiley Avenue.
A Commercial designation will encompass areas deemed appropriate for commercial use outside of the
Town Centre. Small-scale local commercial uses which are compatible with residential areas need not
be located within the Commercial designation.
Policy 8.0.1
It shall be the policy of Council to establish a Commercial designation as shown
on the Generalized Future Land Use Map (Map 1) which will apply to areas
deemed appropriate for commercial use outside the Town Centre.
Policy 8.0.2
Council shall encourage the proper development of commercial uses by
addressing the following in the Land Use By-law:
(a)
providing adequate on-site parking facilities and loading areas;
(b)
limiting points of access and egress to parking areas;
(c)
requiring adequate landscaping of developments;
(d)
controlling open storage; and
(e)
establishing abutting zone requirements such as setbacks from adjacent
non-commercial zones.
Policy 8.0.3
Council shall encourage economic revitalization, including industrial relocation,
for select areas or properties, outside the Town Centre, through amendments to
Map 3 - Commercial Development District.
8.1
Local Commercial
Local commercial uses are small-scale commercial operations that serve a relatively small market area
and may include the following: convenience stores, art/crafts/antique shops, personal service shops,
and other uses of a purely local nature that are compatible with residential neighbourhoods. Local
commercial zones need not be located in the Commercial designation.
Certain other uses have traditionally been considered local commercial even though they may serve a
more extended market. Uses considered compatible in residential areas such as licensed day care
centres, country inns, small restaurants or cafés, offices and video stores which serve more than the
local area may be considered for local commercial classification. Residential uses are encouraged in
conjunction with commercial uses.
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Policy 8.1.1
It shall be the policy of Council to establish a Local Commercial (LC) zone and
apply that zone to existing local commercial uses which are not located in the
Commercial designation.
Policy 8.1.2
To ensure such uses remain small scale and compatible with residential areas, it
shall be the policy of Council to regulate commercial floor space of existing Local
Commercial uses.
Policy 8.1.3
It shall be the policy of Council to permit single unit dwellings as a main use, as
well as a dwelling unit within a commercial use building, in the Local Commercial
(LC) zone.
Policy 8.1.4
It shall be the policy of Council to consider new local commercial uses in any
designation by development agreement subject to the following provisions:
(a)
adequate off-street parking is provided;
(b)
the adjacent residential area will not be adversely affected with respect
to:
(i)
traffic generation and traffic safety; (ii) signage;
(iii)
hours of operation; and
(iv)
size of building(s);
(c)
adequate buffering or screening, setbacks and yards are provided;
(d)
maintenance of the local commercial use will be satisfactory;
(e)
the architectural design of the development is reasonably consistent
with the provisions of the Architectural Design Manual if the proposed
development is located in an Architectural Design Control District;
(f)
any other matter which may be addressed by development agreement;
and
(g)
the provisions of Policy 16.3.1.
8.2
Highway Commercial
Highway commercial development is usually attracted to high visibility locations on main streets near
intersections. Hotels and motels, automobile service stations and dealerships, and drive-through
restaurants are typical highway commercial uses. These uses are intended to serve the travelling public
and cater to the automobile. Other uses suited to this zone are those which require a large amount of
commercial floor space or involve outdoor storage and display areas. The Highway Commercial zone will
be applied to existing highway commercial uses outside the Town Centre which are located on arterial
streets such as King Street and Highway 14, as well as to vacant parcels in areas considered suitable for
new highway commercial development. As many highway commercial uses have potential to cause land
use conflicts with other types of uses, new highway commercial development will only be considered in
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the Commercial and the Industrial designations, excluding the Wentworth Road Gateway District and
the Industrial Parks. (Amendment WMPS 09-02 Effective September 3, 2009)
Policy 8.2.1
It shall be the policy of Council to establish a Highway Commercial (HC) zone
which permits a wide range of retail and highway commercial uses, indoor
recreational uses, existing dwellings, residential uses on upper levels of
commercial buildings, service commercial uses, and similar uses compatible with
highway commercial development.
Policy 8.2.2
It shall be the policy of Council to consider the creation of new Highway
Commercial zones in the Commercial and Industrial designations, excluding the
Wentworth Road Gateway District and the designated Industrial Parks, by
amendment to the Land Use By-law subject to the following criteria: (Amendment
WMPS 09-02 Effective September 3, 2009)
(a)
the proposed use has direct access to an arterial road shown on the
Transportation Map (Map 2);
(b)
the proposed use will not conflict with adjacent uses; (c) adequate
parking and loading areas can be provided;
(d)
traffic flow and pedestrian safety will not be adversely affected;
(e)
limited access and exit points can be provided;
(f)
any other matter which may be addressed in a Land Use By-law; and
(g)
the provisions of Policy 16.3.1.
Several parcels currently zoned Highway Commercial are undeveloped. There is potential for the type of
development attracted to these lands to change over time. Should this be the case, areas zoned
Highway Commercial may be changed to other zones by amendment to the Land Use By-law, subject to
the relevant policies of the Municipal Planning Strategy.
Policy 8.2.3
It shall be the policy of Council to consider rezoning existing Highway
Commercial areas to allow for other uses subject to the relevant policies of this
Strategy.
8.3
General Commercial
The General Commercial zone is intended to encompass commercial uses outside of the Town Centre
which do not fall within local commercial or highway commercial categories. The zone encompasses
local shopping centres (20,000 ft2 (1,858 m2) or less of floor space) and other free-standing commercial
enterprises, but does not include many of the automobile-related uses and those which require large
areas for outdoor display which are more appropriate in the Highway Commercial zone. Certain general
commercial uses, depending on their nature and size, may be compatible with residential areas. For this
reason, Council will consider permitting new general commercial uses by rezoning in any designation,
with the exception of the Wentworth Road Gateway District, provided the development has direct
access to an arterial road or major collector and meets the other criteria set out in Policy 8.3.2 of this
Strategy. In considering such a rezoning in the Residential designation, particular attention will be paid
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to the compatibility of the proposed development in terms of building scale and traffic generation.
(Amendment WMPS 09-01 Effective June 9, 2009) (Amendment WMPS 09-02 Effective September 3, 2009)
Policy 8.3.1
It shall be the policy of Council to establish a General Commercial (GC) zone
which permits uses such as retail stores, restaurants, clubs, offices, banks and
financial institutions, day care centres, places of entertainment, personal service
shops, studios, existing dwellings, residential uses on upper levels of commercial
buildings, and local shopping centres.
Policy 8.3.2
It shall be the policy of Council to consider the creation of new General
Commercial zones in any designation, with the exception of the Wentworth Road
Gateway District, by amendment to the Land Use By-law subject to the following
criteria: (Amendment WMPS 09-02 Effective September 3, 2009)
(a)
the proposed use has direct access to;
(i)
an arterial road as shown on the Transportation Map (Map 2),
or
(ii)
a major collector road shown on the Transportation Map (Map
2) provided a traffic impact study is submitted to the Town
which demonstrates the proposed use will not have an
unacceptable impact on traffic flows and existing streets as
determined by the Traffic Authority;(Amendment WMPS 09-01
Effective June 9, 2009)
(b)
the proposed use will not conflict with adjacent uses; where located in
the Residential designation, particular attention is paid to compatibility
in terms of building scale and design and traffic generation;
(c)
required parking can be provided;
(d)
traffic flow and pedestrian safety will not be adversely affected;
(e)
adequate landscaping, green space and buffering will be provided;
(f)
the architectural design of the development is reasonably consistent
with the provisions of the Architectural Design Manual, if the proposed
development is located in an Architectural Control District;
(g)
any other matter which may be addressed in a Land Use By-law; and
(h)
the provisions of Policy 16.3.1.
Policy 8.3.3
It shall be the policy of Council to consider rezoning existing General Commercial
areas to allow for other uses, subject to the relevant policies of this Strategy.
8.4
Shopping Centres
Shopping centres often require large areas of land because of their building size and parking
requirements. Regional shopping centres--those more than 20,000 ft2 (1,858 m2) in floor area--are
intended to serve a wide geographic area, while smaller local shopping centres generally serve a local
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market and often contain fewer tenants. Windsor's only regional shopping centre is Fort Edward Mall
which is located on a 28-acre parcel on Wentworth Road. This parcel is considered large enough to allow
for future expansion of the existing mall.
Policy 8.4.1
It shall be the policy of Council to establish a Shopping Centre (SC) zone which
will apply only to the area surrounding the existing regional shopping centre,
Fort Edward Mall. Commercial uses in this zone shall include regional shopping
centres, large format retail stores, banks and financial institutions, offices, retail
uses, restaurants, entertainment uses, auto sales, service stations, building
supply centres and other similar uses.
Policy 8.4.2
It shall be the policy of Council to consider adding additional commercial,
institutional and recreational uses, not otherwise listed in the Shopping Centre
(SC) zone, by amendment to the Land Use By-law subject to the provisions of
Policy 16.3.1.
Policy 8.4.3
It shall be the policy of Council to permit more than one main building on a lot as
part of a shopping centre complex in the Shopping Centre (SC) zone.
With the completion of the Highway 101 twinning project and expectations of increased growth in the
area, there may be demand in the future for another regional shopping centre. To be prepared for this
possibility and able to deal with it properly when the time comes, Council wishes to have specific
policies in place addressing new regional shopping centres.
In the past, downtown merchants have expressed concern about the negative impacts of new mall
development on downtown businesses. Council feels that the nature of Windsor's downtown has
changed over the years to become more oriented toward offices, service businesses and specialty shops,
rather than the chain store development which characterizes most shopping centres. It is the opinion of
Council that a new regional mall would attract different types of businesses from those found in
downtown Windsor today. If a new mall is proposed, Council wishes to ensure that the location is
appropriate, each proposal is considered on its own merits and sufficient control can be exercised over
the development to encourage a mix of shops and businesses that will not detract from the role of the
downtown as the central business district. As traffic generation is often an issue with large shopping
centres, Council will require the submission of a traffic study. Council feels the development agreement
process is the most appropriate method for dealing with a future shopping centre proposal.
Policy 8.4.4
It shall be the policy of Council to consider new regional shopping centres,
exceeding 20,000 ft2 (1,858 m2) in commercial floor area, by development
agreement subject to the following criteria:
(a)
the proposed development is located in the Wentworth Road Gateway
District; (Amendment WMPS 09-02 Effective August 2009)
(b)
the proposed development has direct access to an arterial road shown
on the Transportation Map (Map 2);
(c)
the development contains uses permitted in the Shopping Centre (SC)
zone,
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(d)
adequate provision is made for parking and access;
(e)
pedestrian access and safety are addressed;
(f)
the specific provisions for development in the Wentworth Road Gateway
District, as contained in Policy 8.6.16, are addressed; and (Amendment
WMPS 09-02 Effective September 3, 2009)
(g)
the provisions of Policy 16.3.1.
Since local shopping centres, those 20,000 ft2 (1,858 m2) or less in floor area, are less likely to have an
impact on traffic volumes or to negatively affect downtown businesses, Council feels that new local
shopping centres should be permitted as-of-right in the General Commercial (GC), Wentworth Road
Commercial (WR-C) and Town Centre (TC) zones. (Amendment WMPS 09-02 Effective September 3, 2009)
Policy 8.4.5
It shall be the policy of Council to permit new local shopping centres, not
exceeding 20,000 ft2 (1,858 m2) in commercial floor area, as-of-right in the
General Commercial (GC), Wentworth Road Commercial (WR-C) and Town
Centre (TC) zones subject to the zone requirements. (Amendment WMPS 09-02
Effective September 3, 2009)
8.5
Large Format Retail Stores
Large format retail stores, also known as "big box" stores, are growing in popularity in many
jurisdictions. These larger stores may have more than one tenant and often locate near highway exits. It
is the feeling of Council that because of their large scale and the amount of traffic they can generate,
large format retail stores should be limited to the Wentworth Road Commercial (WR-C) and the Joint
Industrial Type Three (LI-3) zones. In the Wentworth Road Commercial (WR-C) zone, large format retail
stores up to 50,000 ft2 (4,645 m2) in commercial floor area are permitted by site plan approval, while
larger stores are considered by development agreement (see Section 8.6). In the LI-3 zone, all large
format retail development is by development agreement. Since traffic is a particular concern, Council
will require the submission of a traffic study which examines the adequacy of road networks and any
potential infrastructure costs as a result of the development. (Amendment WMPS 09-02 Effective September 3,
2009)
For large format stores which were in place prior to the introduction of development agreement
requirements, Council wishes to have the ability to specifically address traffic and design concerns
arising from proposals for major expansions to the commercial floor area. For this reason, a
development agreement will be required for any expansion greater than 5,000 ft2 (464.5 m2) of any
existing large format retail store outside the Shopping Centre (SC) zone.
Policy 8.5.1
It shall be the policy of Council to consider the following categories of large
format retail stores by development agreement: (Amendment WMPS 09-02 Effective
September 3, 2009)
(a)
new large format retail stores exceeding 50,000 ft2 (4,645 m2) in
commercial floor area in the Wentworth Road Gateway District;
(b)
new large format retail stores in the Joint Industrial Type Three (LI-3)
zone; and
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(c)
expansions greater than 5,000 ft2 (464.5 m2) to existing large format
retail stores.
Policy 8.5.2
In considering a development agreement pursuant to Policy 8.5.1, Council shall
have due regard to the following criteria: (Amendment WMPS 09-02 Effective September
3, 2009)
(a)
adequate provision is made for parking and access;
(b)
pedestrian access and safety are addressed;
(c)
adequate setbacks and yards shall be provided;
(d)
adequate provision, including screening and buffering, is made to
minimize conflict between the proposed development and neighbouring
uses with respect to access, parking, noise and hours of operation;
(e)
the proposed use will not conflict with neighbouring uses;
(f)
the architectural design and scale of the proposed development is
compatible with surrounding buildings;
(g)
the building design incorporates windows and other elements in the
street level façade to avoid the appearance of solid blank walls;
(h)
landscaping is provided which reduces the visual impact of the
development on neighbouring properties, particularly with respect to
large parking lots;
(i)
the developer provides a traffic study conducted by a qualified person
which demonstrates that the surrounding street network will efficiently
accommodate the anticipated traffic flows and that the development
will not necessitate major infrastructure improvements such as traffic
lights at the expense of the municipal unit;
(j)
if the proposed development is located in the Wentworth Road Gateway
District, the specific provisions for development as contained in Policy
8.6.16;
(k)
any other matter which may be addressed by development agreement;
and
(l)
the provisions of Policy 16.3.1.
8.6
Wentworth Road Gateway District
(Amendment WMPS 09-02 Effective September 3, 2009)
The development of the Wentworth Road area between Highway 101 and O'Brien Street is of concern to
Council for several reasons. As one of the main entrance routes to Windsor, it is important that the
streetscape present an attractive appearance. Furthermore, this is one of the few areas of Windsor
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where there is an existing concentration of commercial uses, as well as land with potential for new
development or redevelopment.
Council intends to recognize the role of Wentworth Road as an entrance to Windsor by designating it as
a Gateway District. Within the District, a combination of public and private initiatives and development
controls will be used to achieve the following objectives:
-
to identify Wentworth Road as important entrance route into Windsor, for pedestrians and cyclists
as well as for vehicles;
-
to promote a sense of welcome and arrival; and
-
to assist in visitor orientation and direction to the Town Centre, as the main business district.
Landscaping, signage for identification and wayfinding, and provisions for pedestrian and bicycle
movement are the key measures that will be used to achieve these objectives. The intent is to treat the
District as an important and special place. In particular, new developments must contribute to the
overall attractiveness of the streetscape. By 2010, Windsor Council will have invested close to $5 million
in street upgrades to Wentworth Road with traffic signals and turning lanes to improve traffic flow,
repaving, wide sidewalks on both sides of the street and street trees. These upgrades will make the area
more attractive to new and existing businesses and their customers. Council feels it is important that
those wishing to develop on Wentworth Road also do their share by ensuring their developments
enhance the appearance of the District and make adequate provision for efficient traffic movement and
a pleasant pedestrian environment.
Policy 8.6.1
It shall be the intention of Council to establish the Wentworth Road Gateway
District, to be identified on a map which shall form a schedule to the Land Use
By-law (Schedule 'B'). The Wentworth Road Gateway District shall extend from
the Highway 101 overpass to O'Brien Street.
Policy 8.6.2
It shall be the policy of Council that the objectives of the Wentworth Road
Gateway District shall be:
(a)
to identify Wentworth Road as an important entrance route into
Windsor, for pedestrians and cyclists as well as for vehicles;
(b)
to promote a sense of welcome and arrival; and
(c)
to assist in visitor orientation and direction to the Town Centre.
Policy 8.6.3
It shall be the intention of Council to use a combination of public and private
initiatives, including municipal planning strategy policies and land use by-law
provisions for new developments, to achieve the objectives of the Wentworth
Road Gateway District as set out in Policy 8.6.2.
Policy 8.6.4
It shall be the policy of Council to treat the Wentworth Road Gateway District as
a special development area where new developments shall be required to
provide landscaping and other features that contribute to the overall
attractiveness of the streetscape and create a safe and pleasant pedestrian
environment, as well as allowing for efficient traffic movement.
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Policy 8.6.5
It shall be the intention of Council to consider providing wayfinding signage
indicating the route to the Town Centre, as well as identification signage,
landscaping and other measures on public land that enhance or contribute to
the role of Wentworth Road as a Gateway District.
Policy 8.6.6
It shall be the intention of Council to build on the commercial nature of the
Wentworth Road Gateway District and encourage the creation of an attractive
streetscape that is accessible to pedestrians and cyclists as well as vehicular
traffic.
Policy 8.6.7
It shall be the policy of Council that, with the exception of the Joint Industrial
Park lands, lands within the Wentworth Road Gateway District shall be
designated Commercial on the Generalized Future Land Use Map (Map 1).
Policy 8.6.8
It shall be the intention of Council that, within the Wentworth Road Gateway
District, the following matters will be addressed through Land Use By-law
requirements and development agreement provisions:
(a)
landscaping along the street frontage to enhance the overall
attractiveness of the streetscape and provide a buffer between the
sidewalk and commercial or other development;
(b)
landscaping within parking lots to avoid the appearance of large,
uninterrupted expanses of asphalt;
(c)
safe pedestrian access from the sidewalk to new developments by
means of walkways or clearly defined trails;
(d)
other similar provisions.
Council does not wish to cause hardship to property owners who are proposing minor additions or
renovations to existing buildings, or the construction of accessory buildings or new agricultural
buildings.
Policy 8.6.9
It shall be the policy of Council that the policies of Section 8.6 shall not apply to
agricultural buildings, accessory buildings or renovations and additions that do
not involve a change in use.
Streamlining the Commercial Development Process (Amendment WMPS 09-02 Effective September 3, 2009)
Council wishes to facilitate new commercial development within the District by ensuring that the
development process is as streamlined as possible. To that end, a new Wentworth Road Commercial
(WR-C) zone will apply to the majority of land. The zone permits a combination of highway commercial
and general commercial uses and allows smaller-scale large format retail stores (up to 50,000 ft2 (4,645
m2) through a site plan approval process. Because of the large amount of undeveloped land and the
nature of existing development on Wentworth Road, Council considers this area suitable for large
format retail stores, or even a regional shopping centre, and will encourage this type of development,
subject to appropriate controls to address traffic and pedestrian movement and provided the
development contributes to the overall objectives for the Gateway District. Large format retail larger
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than 50,000 ft2 (4,645 m2) and regional shopping centres will be considered by development
agreement. In addition, a wide variety of other uses including mixed use, multiple unit residential,
institutional and light industrial development may be considered by development agreement.
Policy 8.6.10
It shall be the policy of Council to establish a Wentworth Road Commercial (WR-
C) zone which permits a wide range of general commercial and highway
commercial uses, as well as large format retail stores within a specified size
limit. The WR-C zone will be the main commercial zone in the District. Rezoning
to any other zone will not be considered within the Wentworth Road Gateway
District.
Policy 8.6.11
It shall be the policy of Council that the WR-C zone shall be limited to the
Wentworth Road Gateway District. Rezoning to WR-C shall not be permitted
outside of the District.
Policy 8.6.12
It shall be the policy of Council to permit large format retail stores that do not
exceed 50,000 ft2 (4,645 m2) in commercial floor area to be established in the
WR-C zone by site plan approval. It shall be the intention of Council to establish
criteria in the Land Use By-law to be used by the Development Officer in
reviewing site plans to ensure that these developments enhance the
attractiveness of Wentworth Road as an entrance to Windsor and that close
attention is paid to pedestrian and vehicular circulation and access and other
details. To ensure adequate notice to neighbouring property owners, the Land
Use By-law shall specify a larger notification distance for site plan approvals
than the minimum required under the Municipal Government Act.
Policy 8.6.13
It shall be the policy of Council that within the Wentworth Road Gateway
District, developed properties will be zoned according to their existing use and
the majority of the undeveloped land will be zoned Wentworth Road Commercial
(WR-C).
Policy 8.6.14
It shall be the policy of Council to consider rezoning land within the Wentworth
Road Gateway District to the Wentworth Road Commercial (WR-C) zone subject
to the provisions of Policy 8.6.16.
Policy 8.6.15
It shall be the policy of Council that within the Wentworth Road Gateway
District, Council will consider proposals for comprehensively designed
developments of grouped dwellings with three or more dwelling units which may
include townhouse dwellings, triplex dwellings and mixed use apartment
dwellings, large format retail stores exceeding 50,000 ft2 (4,645 m2) in
commercial floor area, regional shopping centres, institutional uses, mixed use,
multiple unit residential, or light industrial development by development
agreement in accordance with the relevant policies of this Strategy and the
specific provisions for development in the Wentworth Road Gateway District as
contained in Policy 8.6.16. (WMPS 22-01- Amendments effective June 7, 2022)
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Wentworth Road Special Site Requirements (WMPS 12-01 Amendments effective August 23, 2012)
Policy 8.6.16
It shall be the policy of Council to have due regard to the following in reviewing
proposals in the Wentworth Road Gateway District for rezoning to the WR-C
zone pursuant to Policy 8.6.14 or development agreements pursuant to Policy
8.6.15:
(a)
the proposed use will not conflict with neighbouring uses;
(b)
the architectural design and scale of the proposed development is
compatible with surrounding commercial and/or residential buildings
and enhances the appearance of the streetscape, consistent with the
objectives of the Wentworth Road Gateway District;
(c)
the building design incorporates windows and other elements in the
street level façade to avoid the appearance of solid blank walls;
(d)
the developer provides a traffic study, acceptable to the Town and
conducted by a qualified person, which demonstrates that the
surrounding street network will efficiently accommodate the
anticipated traffic flows and that the development will not necessitate
major infrastructure improvements such as traffic lights at the expense
of the Town;
(e)
the provisions of Policies 8.6.4 and 8.6.8;
(f)
any other matter which may be addressed in a development agreement
or land use by-law; and
(g)
the provisions of Policy 16.3.1
In 2012, Municipal Council expanded the Wentworth Road Gateway District to include lands on
Wentworth Road abutting the northeast juncture of the Highway 101 interchange. These lands,
although on the opposite side of Highway 101 from the original Gateway District, are designated for
commercial purposes and are highly visible from Highway 101. Following the same general
development objectives for these lands as for other lands along Wentworth Road would benefit the
entire Gateway District.
The separation created by Highway 101 significantly reduces the ability to integrate pedestrian and
bicycle access to this area which is a key goal within the District. However, creating a physically
attractive and inviting commercial area, particularly as viewed from Highway 101, through measures
related to architectural design, landscaping, and signage, will enhance Wentworth Road as the major
commercial gateway into town.
Policy 8.6.17
It shall be the policy of Council to include lands on Wentworth Road located at
the northeast quadrant of the Highway 101-Wentworth Road interchange within
the Wentworth Road Gateway District and to zone the lands, Wentworth Road
Commercial (WR-C). The policies of Section 8.6 shall apply to these lands with
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the exception of provisions related to enhancing pedestrian and bicycle
environments. (WMPS 12-01 Effective August 23, 2012)
Fairground (Amendment WMPS 09-02 Effective September 3, 2009)
Exhibition Park, approximately 44 acres owned by the Windsor Agricultural Society, is also located
within the Wentworth Road Gateway District. It includes an arena/rink, barns, campgrounds and other
buildings used for the Hants County Exhibition, horse and livestock shows, concerts and a variety of
other events. The property also has a waterslide, go-cart track and mini-golf. Windsor Agricultural
Society is interested in selling a portion of the property for possible commercial development. Although
the previous Municipal Planning Strategy and Land Use By-law applied a special Fairgrounds designation
and zone to this property, to facilitate the plans of the Agricultural Society and to simplify the planning
documents, Council intends to designate the property Commercial on the Generalized Future Land Use
Map, although a special Fairground zone will be applied in the Land Use By-law to recognize the variety
of existing uses on the property.
Policy 8.6.18
It shall be the policy of Council to establish a Fairground (FG) zone to apply to
Exhibition Park which permits agricultural, exhibition, recreational, hotels,
motels and related uses.
Policy 8.6.19
It shall be the policy of Council not to permit the rezoning of land to the
Fairground (FG) zone.
8.7
Commercial Transition Area
(Amendment WMPS 14-01 Effective May 14, 2015)
As of 2014, commercial development that has taken place and is planned for the east end of Wentworth
Road will cause some stress for the existing residential uses on the south side of Wentworth Road (east
of Morison Drive). The 9 residential properties in this area are surrounded by commercial and industrial
uses with the Morison Drive industrial park to their east and the Wentworth Road Gateway Commercial
District across the road to the west. The addition of the traffic circle at the end of Highway 101 off ramp
has also brought highway noise and traffic closer to the residential properties.
While Council is intent on preserving the ability of these properties to continue to be used for residential
use, the current development activity in the area will tend to move the value and logical use of these
properties toward commercial use. Council therefore will provide a Commercial designation for this
area and zone the lands Commercial Transition. The new zone will allow for commercial or mixed use
development of the properties while controlling the impact of any new commercial development
through a development agreement approval.
Policy 8.7.1
It shall be the intention of Council to designate the existing residential properties
on the south side of Wentworth Road, east of Morison Drive as Commercial and
to zone the area as Commercial Transition zone.
Policy 8.7.2
It shall be the intention of Council in this Commercial Transition zone to permit
residential uses permitted in the R-1 zone as of right and to consider any
commercial use permitted in the General Commercial zone for approval by
development agreement.
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Policy 8.7.3
It shall be the intention of Council to consider mixed use (residential/commercial)
in the Commercial Transition zone for approval by development agreement.
Policy 8.7.4
It shall be the intention of Council in a decision respecting a development
agreement pursuant to Policy 8.7.2 or Policy 8.7.3 to consider the following:
(a)
Notwithstanding the generality of Policy 8.7.2, licensed liquor
establishments, Other than a licensed restaurant, shall not be permitted
in the Commercial Transition zone.
(b)
No obnoxious use that is incompatible with existing residential uses shall
be permitted.
(c)
Screening is provided for any potentially unsightly or disruptive elements
of a development, such as, but not limited to, parking lots, mechanical
equipment And waste/resource material storage.
(d)
The provisions of Policy 16.3.1
Policy 8.7.5
It shall be the intention of Council to retain the zoning of the Commercial
Transitional zone and not consider rezoning to any other commercial zone.
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9.0 MIXED USE DEVELOPMENT
(Amendment WMPS 06-01 Effective September 7, 2006)
There has been some interest in providing mixed residential/commercial development in Windsor. In
many cases, these developments target retired people and provide housing plus personal service uses
such as hairdressing or barber shops, small convenience and drug stores, medical and dental offices, and
even restaurants where residents may get all or some of their meals. At this time, the Kingsway Gardens
Enriched Housing Complex, which includes a restaurant, lounge, hairdresser and meeting facility, as well
as apartments, is the only development of this type in Windsor. Council would like to encourage mixed
use development in other suitable locations. (Amendment 23-02 Effective September 3, 2024)
Council will consider mixed use developments by development agreement in the Residential,
Commercial and Industrial designations outside the industrial parks. Where the proposed development
is to be located in the Residential designation, the size, type and location of commercial uses will be
carefully controlled to ensure the development is compatible with a residential area. Likewise, where a
mixed use development is proposed for the Commercial or Industrial designation, Council wishes to
ensure that the residential use will not compromise the commercial or industrial integrity of the area.
Council feels, however, that within the commercial and industrial designation, provided the
development is carefully planned, it may encompass a broader range of uses, including commercial, light
industrial, institutional, recreational and residential.
9.1
Mixed Use in the Residential Designation
Policy 9.1.1
It shall be the intention of Council to consider mixed use residential/commercial
developments with two or more dwelling units by development agreement in
areas designated Residential subject to the following:
(a)
the density, scale and architectural design of the development are
compatible with the surrounding area;
(b)
the development is reasonably consistent with the provisions of the
Architectural Design Manual, if it is located in an Architectural Design
Control District;
(c)
the development is reasonably consistent with the yard standards of the
underlying zone;
(d)
the proposed development does not compromise the residential integrity
of the area;
(e)
the commercial use is permitted in the General Commercial (GC) zone;
(f)
the commercial use is located at the street level and does not exceed
one-third of the total floor area of the development;
(g)
adequate landscaping, open space and natural or artificial buffering is
provided;
9.2
Mixed Use in the Commercial and Industrial Designations
(Amendment WMPS 06-01 Effective September 7, 2006)
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Policy 9.2.1
It shall be the intention of Council to consider mixed use development by
development agreement in the Commercial designation or the Industrial
designation outside the industrial parks, subject to the following:
(a) the proposed development consists of a combination of uses which may include
commercial, light industrial, recreational, institutional and residential;
(b) the architectural design of the development is sensitive to the existing built form and
character of the surrounding area, and in particular:
-
where the proposal involves the redevelopment of an existing building,
the heritage of the building is taken into consideration and any
significant architectural elements which contribute to the appearance of
the public façade(s) are retained; and
-
if the proposed development is located in an Architectural Control
District, the architectural design of the development is reasonably
consistent with the provisions of the Architectural Design Manual;
(c) the density and scale of the development are compatible with the surrounding area;
(d) the location of the proposed development does not adversely affect the existing
pattern of development in the surrounding area, or restrict existing commercial
and/or industrial development patterns;
(e) where a light industrial use is proposed, it is not considered obnoxious or
incompatible with the proposed residential or commercial components nor with
adjacent land uses;
(f) adequate landscaping, open space and natural or artificial buffering is provided;
(g) adequate parking and safe pedestrian and vehicular access to the site is provided;
(h) adequate parking and safe pedestrian and vehicular access to the site is provided;
(i) adequate provision is made to minimize conflict with existing residential dwellings
with respect to access, parking, noise and hours of operation;
(j) no outdoor storage is permitted;
(k) any other matter which may be addressed by development agreement; and
(l) the provisions of Policy 16.3.1.
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9.3
Nesbitt Island
(amendment 23-02 effective September 3, 2024)
The Nova Scotia Textiles mill was built in the 1880's and was a major industry in Windsor until it closed
in 2005. A development agreement was registered on the property in 2007 that permitted commercial
and residential redevelopment within the existing building, but these aspects were not completed by
previous owners. The building sat vacant since then. In August 2021 a demolition permit was issued for a
portion of the building which left approximately half of the original textile mill building remaining.
Due to the visibility and location of the property adjacent to Highway 101, the potential for repurposing
of the remainder of the former textile mill building, and resulting developer interest in the site, Council
feels this property may have potential for redevelopment including a broad range of commercial,
residential and recreational uses.
Built in 1884, the mill was an excellent example of a late 19th century industrial building and its highly
visible location adjacent to Highway 101 made it a landmark. Where possible, any redevelopment or
expansion of the Nova Scotia Textiles mill building should retain the architectural elements of the
remainder of the building which contribute to the public façades on both Nesbitt Street and Colonial
Road, as well as to the view from Highway 101. These elements include the brick façade and the shape
of windows.
It shall be the policy of Council to:
Policy 9.3.1
establish a Nesbitt Island designation as shown on the Generalized Future Land Use Map
(Map 1) which will apply to the former Nova Scotia Textile's mill site and the Municipally
owned lot abutting the former textile mill site where mixed-use development is to be
encouraged.
Policy 9.3.2
establish a Mixed Use (MU) zone in the Nesbitt Island designation which will apply to the
former Nova Scotia Textile's mill site and the Municipally owned lot abutting the former
textile mill site.
Policy 9.3.3
permit in the Mixed Use (MU) zone a variety of land uses including but not limited to
commercial, residential, institutional and recreation uses.
Amendments
Policy 9.3.4
consider amending areas to the Mixed Use (MU) zone only when the property:
(a) has frontage on Nesbitt Street or Colonial Road; and
(b) is located on the north side of Highway 101.
In considering such amendments, Council shall have regard to the following:
(a) a geotechnical assessment prepared by a professional Engineer stating that the site is
suitable for the proposed development. If within the Environmental Constraints area the
study should follow the requirements outlined in Section 12.0;
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(b) the proposed use is compatible with the character of the area regarding items
including but not limited to traffic generation and architectural design and scale;
(c) adequate landscaping, open space and natural or artificial buffering can be provided;
(d) adequate parking and safe pedestrian and vehicular access to the site can be
provided;
(e) the provisions of Policy 16.3.1 are met.
Development Agreements
Policy 9.3.5
consider only by development agreement within the Nesbitt Island designation mixed
use, multiple unit residential developments in excess of four storeys in height. In
considering such development agreements Council shall be satisfied that:
(a) the proposed development consists of a combination of uses which are permitted in
the Mixed Use (MU) zone;
(b) the building will in no instance exceed 210 ft. (64 m.) in height;
(c) the architectural design of the development is sensitive to the existing built form and
character of the surrounding area, and in particular, where the proposal involves the
redevelopment of the former textile mill building or the construction of a new
building on the former textile mill site, the heritage of the building is taken into
consideration and any significant architectural elements which contribute to the
appearance of the public façade(s) including the brick construction and shape of
windows are imitated on the first three storeys of the new building.
(d) signage exceeding the Land Use By-law regulations may be considered where:
i.
the application is accompanied by an engineered design of the proposed
signs, specifically detailing the method to secure the signs, if the signage
exceeds the height requirements; and
ii.
illumination of the sign follows Section 5.18 of the Land Use By-law.
(e) adequate landscaping, open space and natural or artificial buffering is provided;
(f) adequate parking, safe and convenient pedestrian access, and vehicular access to
the site is provided;
(g) adequate provision is made to minimize conflict with existing residential dwellings
with respect to hours of operation of commercial, institutional and recreation uses;
(h) the application is accompanied by:
i.
a site plan drawn to scale showing the proposed number, location and type
of buildings, lot coverage, parking areas, vehicular and pedestrian
circulation systems within the development, access to the site and open
space and recreational areas;
ii.
a shadow study evaluating the shadow impact of the proposed development
including building footprints, siting, massing, orientation and form, for
various times during the day of four separate days quarterly within a
calendar year;
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iii.
a Traffic Impact Study (TIS) prepared by a qualified traffic or transportation
Engineer and approved by the authority having jurisdiction, showing the
adequacy of the existing and proposed road network to accommodate the
proposed development. The TIS must also provide recommendations
concerning the mitigation of any traffic-related issues which may be caused
by the development;
iv.
a drainage and storm water management plan prepared by a professional
Engineer and approved by the Municipal Engineer, demonstrating the
impact the proposal will have on adjacent lands or existing storm water
management systems and outlining how pre- and post-construction flows
will be balanced;
v.
a geotechnical assessment is prepared by a professional Engineer stating
that the site is suitable for the proposed development. If within the
Environmental Constraints area, the study should follow the requirements
outlined in Section 12.0;
vi.
other supporting maps showing the topography of the lot including contours
at appropriate intervals, and significant natural features such as
watercourses, wetlands and unique habitat or vegetation;
vii.
photo examples, plans or elevation drawings showing the exterior design of
the proposed buildings; and
viii.
3D renderings showing the impact of the proposed development on the
views from Fort Edward Historical Site.
(i) any other matter which may be addressed by development agreement; and
(j) the provisions of Policy 16.3.1.
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10.0 INDUSTRIAL
Windsor is well located for light industrial development, situated as it is close to the Halifax-Dartmouth
metropolitan area as well as being the "Gateway" to the Annapolis Valley. Industrial development that
provides local employment and adds to the commercial tax base is important to the Town's future
growth. Windsor is involved in the development of two fully serviced business parks. The Windsor
Industrial Park, located adjacent to the Exhibition Grounds, is owned and operated by the Town. The
Windsor-West Hants Joint Industrial Park, located at the Highway 101-Wentworth Road interchange,
was constructed jointly by the Federal Department of Regional Economic Expansion and the provincial
agency Industrial Estates Limited.
Policy 10.0.1
It shall be the policy of Council to work jointly with the Municipality of West
Hants and other provincial and federal agencies in the provision and
maintenance of sufficient industrial lands to meet the needs of a growing
population.
Policy 10.0.2
It shall be the policy of Council to encourage and where possible to actively
support efforts which promote industrial development in appropriate areas of
the Town of Windsor and Municipality of West Hants.
Policy 10.0.3
It shall be the policy of Council to encourage the development of light industrial
uses that are not obnoxious by reason of sight, sound, smell, dust or fumes.
Policy 10.0.4
It shall be the policy of Council to require the landscaping of industrial activities
and the buffering of industrial lands adjacent residential, commercial and
institutional properties.
10.1 Light Industrial
The Windsor Industrial Park is mostly developed. In 2003, there were 16 businesses operating in the
Park employing over 90 people. Most of the businesses currently located in the Park are considered light
industrial uses, although there are several businesses, such as a bowling alley and car wash that are
classified as commercial uses. There is a growing trend toward "business" parks, rather than parks
devoted solely to industrial uses, and in recent years, the Town has received requests to allow various
commercial uses in the Park. Provided such uses will not adversely affect the Town Centre, Council
believes it may be appropriate to provide for some additional commercial uses in the Windsor Industrial
Park. The additional uses may include certain highway commercial or other uses that would be less likely
to locate in the downtown area because of their need for a large floor area or storage space.
There are several properties in Windsor used for industrial purposes which are not located within the
two Industrial Parks including the former Irving Oil bulk plant and the Windsor and Hantsport Railway
yards. (amendment 23-02 effective September 3, 2024)
Policy 10.1.1
It shall be the policy of Council to establish an Industrial designation which shall
apply to the Windsor Industrial Park and light industrial uses outside the park
such as the railway yards, as shown on the Generalized Future Land Use Map
(Map 1). (amendment 23-02 effective September 3, 2024)
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Policy 10.1.2
It is the intention of Council to establish the Light Industrial (LI-1) zone in which
permitted uses shall include light industrial uses, certain highway commercial
uses and limited automotive uses.
Policy 10.1.3
It shall be the intention of Council to consider the development of new light
industrial uses outside of the designated industrial parks by development
agreement, subject to the following criteria:
(a)
the proposed use is permitted in the Light Industrial (LI-1) zone;
(b)
the proposed use has direct access to an arterial road;
(c)
the proposed use is not considered obnoxious by virtue of noise, odours,
dust or fumes;
(d)
the proposed use will not conflict with adjacent uses; (e) adequate
parking and loading can be provided;
(f)
traffic flow and traffic and pedestrian safety are not adversely affected;
(g)
adequate landscaping and buffering are provided where the use abuts a
residential or institutional use;
(h)
any other matter which may be addressed in a Land Use By-law; and
(i)
the provisions of Policy 16.3.1.
10.2 Joint Industrial Park
The Windsor-West Hants Industrial Park, located at the Highway 101-Wentworth Road interchange was
constructed jointly by the Federal Department of Regional Economic Expansion and the provincial
agency Industrial Estates Limited in 1980. The Industrial Park consists of approximately 100 acres. In
2003, there were 35 firms operating in the park employing over 320 full-time workers. There were
approximately 28 acres of land remaining to be developed within the joint park. The Windsor-West
Hants Industrial Park is promoted and marketed by Nova Scotia Business Inc., as well as by the two
municipal units.
The portion of the Park to the east of Highway 101, containing approximately 68 acres, will be
developed primarily for light industrial uses; however, limited highway commercial uses and other
commercial uses which provide support to the park will also be permitted in this portion of the Joint
Industrial Park.
The portion of the park located on the western side of Highway 101 and containing approximately 33
acres is intended to permit uses which are primarily Highway Commercial in nature, as well as a limited
range of light industrial uses considered to be compatible with retail/commercial uses. Other light
industrial uses shall be encouraged to locate in the portion of the Joint Industrial Park on the eastern
side of Highway 101.
Policy 10.2.1
It shall be the policy of Council to identify the Windsor-West Hants Industrial
Park in a Joint Industrial designation. The same designation and regulations
apply to both the Town of Windsor and the Municipality of West Hants.
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Policy 10.2.2
It shall be the policy of Council that any amendment to the Joint Industrial
designation, zones contained within the Joint Industrial designation and
development agreements applicable within the Joint Industrial designation shall
be considered at a joint session of the Councils of the Town of Windsor and the
Municipality of the District of West Hants.
Policy 10.2.3
It shall be the policy of Council, in conjunction with the Joint Planning Advisory
Committee, to assess the potential effects of continued commercial development
in the Joint Industrial Park on the established commercial areas of the Town of
Windsor and the Municipality of West Hants.
Joint Industrial Type Two
Policy 10.2.4
Within the Joint Industrial designation, it shall be the intention of Council to
establish the Joint Industrial Park - Light Industrial Type Two (LI-2) zone in which
permitted uses shall include light industrial, animal hospitals, limited businesses
and professional offices, courier services, existing donut shop, garden sales and
supplies, indoor recreational uses, laundries, research facilities, and taxi and bus
depots. Lands to the east of Highway 101 will be zoned Joint Industrial Park -
Light Industrial Type Two (LI-2). It is the intention of Council that no additional
commercial/retail uses will be permitted in the Joint Industrial Park-Light
Industrial Type Two (LI-2) zone, notwithstanding those now listed as permitted.
Joint Industrial Type Three
Policy 10.2.5
It is the intention of Council to permit in the Joint Industrial Park-Light Industrial
Type Three (LI-3) zone, a mix of uses including banks and financial institutions,
offices, retail shops, personal service shops, as well as
light industrial uses
which are considered compatible with retail/commercial development. Retail or
commercial uses not listed as permitted in the LI-3 zone may be considered by
amendment to the Land Use By-law.
Policy 10.2.6
It shall be the policy of Council to consider new large format retail stores or
expansions greater than 5,000 ft2 (464.5 m2) to existing large format retail
stores in the Joint Industrial Type Three (LI-3) zone by development agreement
subject to the provisions of Policy 8.5.1.
Joint Industrial Park Expansion
Policy 10.2.7
The expansion of the Joint Industrial Park may be permitted by amendment to
this Strategy and to the Land Use By-law subject to the following considerations:
(a)
the land becomes part of the Joint Industrial Park;
(b)
the amendment is carried out concurrently by the Town of Windsor and
the Municipality of West Hants; and
(c)
the provisions of Policy 16.3.1.
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Licensed Cannabis Uses (Amendment WMPS 18-08 Effective March 9, 2021)
Policy 10.2.8
Permit Analytical Testing and Research of cannabis in the Joint Industrial Type
Two (LI-2) and Joint Industrial Type Three (LI-3) zones as accessory to any
licensed cannabis use.
Policy 10.2.9
Permit Standard Cultivation and Processing of cannabis, Micro Cultivation,
Micro-Processing and Cannabis Nurseries in the Joint Industrial Type Two (LI-2)
zone.
Policy 10.2.10 Permit Cannabis Nurseries in the Joint Industrial Type Three (LI-3) zone.
Policy 10.2.11 Require specific setback requirements for licensed cannabis land uses to reduce
the impact of noise and odour on nearby uses.
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11.0 COMMUNITY USE
Community use areas, including parks, open space and recreational uses, as well as institutional uses
such as schools, churches and museums, are intended for the use of the general community. Windsor
has extensive public community resources for both passive and active recreation including parks, sports
fields, an outdoor swimming pool, a community centre and a library. The Windsor Recreation
Department has operational responsibility for many of the Town's public recreation facilities and
sponsors a wide range of recreation programs designed to meet the needs of all of the Town's residents.
In addition, there are a number of private recreation uses in or near the Town including: an arena,
tennis courts, a paddling club, a curling club, golf courses, bowling alleys and ski hills and cross-country
skiing trails.
It is important to Council to promote healthy living and active lifestyles for Windsor residents. The
Municipal Planning Strategy promotes linking open space and recreation areas in the Town through
sidewalks and bicycle routes as well as a series of multi-use trails.
Policy 11.0.1
It shall be the policy of Council to establish a Community Use designation as
shown on the Generalized Future Land Use Map (Map 1) to be applied to
existing institutional uses, municipal recreation uses and open space areas.
Policy 11.0.2
It shall be the policy of Council to promote the development of multi-use trails
and pathways within the Town which connect residential and commercial areas
with community uses including institutional uses, recreation facilities and open
space areas.
11.1 Institutional
As the regional service centre and the county seat for Hants County, Windsor has a considerable number
of institutional land uses. Among these are educational facilities and homes for senior citizens. The
Hants Community Hospital, churches and museums also fall into this category. Some of these
institutional uses are relatively isolated while others are located in predominantly residential
neighbourhoods. Because of the amount of traffic and noise that may be associated with them, some
institutional uses have a significant impact on their surrounding neighbourhood. For this reason, new
institutional uses will be permitted only by development agreement to allow Council more control over
the development. The Land Use By-law will contain abutting zone requirements and will require a larger
minimum lot size to help mitigate negative effects.
Policy 11.1.1
It shall be the policy of Council to establish an Institutional (I) zone to be applied
to existing institutional uses.
Policy 11.1.2
It shall be the policy of Council to encourage institutional activities to locate on
relatively large lots that will minimize their potential effects upon adjacent areas
as well as better accommodate the number of persons who use such facilities.
Policy 11.1.3
It shall be the policy of Council to regulate setbacks in the Land Use By-law which
encourage buffering of adjacent non-institutional uses.
Policy 11.1.4
It shall be the policy of Council to consider new institutional uses in any
designation by development agreement subject to the following:
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(a)
the proposed use will not conflict with neighbouring uses;
(b)
the noise and traffic generation of the proposed use is not excessive in
relation to the existing development pattern of the area;
(c)
the use fronts on an arterial or collector road or on a street which has
direct access to an arterial or collector road;
(d)
the development is served by municipal water and sewer services;
(e)
any structure will be architecturally compatible with neighbouring
structures and if the proposed development is located in an Architectural
Design Control District, the architectural design of the development is
reasonably consistent with the provisions of the Architectural Design
Manual;
(f)
adequate open space, landscaping, buffering and separation distances
will be provided;
(g)
any other matter which may be addressed by development agreement;
and
(h)
the provisions of Policy 16.3.1.
11.2 Parks and Open Space
There are several federal and provincial historic sites in Windsor encompassing a large land area which is
used as parkland. These sites, combined with other community recreation areas, create a significant
amount of recreational land in the Town. Some of the parkland in Windsor is important not only to the
Town, but to the wider community as well. These sites include Fort Edward National Historic Site,
Haliburton House Provincial Museum, Shell Environmental Park, the tourist bureau and picnic area on
Nesbit Street, and the sports fields on Tremain Crescent. In addition, there are several smaller open
space areas including Victoria, Elmcroft and Burgess Crescent parks, and the Gordon Hughes Tennis
Club-Windsor.
It is intended that the Open Space zone apply primarily to parkland which does not require main
buildings. The main purpose of the zone is to preserve and protect open space for the use of community
residents both now and in the future.
Policy 11.2.1
It is the intention of Council to establish an Open Space (OS) zone which applies
to parks and other outdoor recreation uses, cemeteries, historic sites and similar
uses. Generally, open space uses do not involve main buildings, but the zone may
also be applied to certain institutional uses, such as museums, which are located
on large parcels of land used as parkland.
Policy 11.2.2
It shall be the policy of Council to zone only public lands for open space purposes.
Policy 11.2.3
It shall be the policy of Council to amend the Municipal Planning Strategy and
Land Use By-law as new land is acquired for park purposes.
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Policy 11.2.4
It shall be the policy of Council to encourage the protection and maintenance of
Open Space areas to provide adequate parkland for the enjoyment of current
and future town residents and visitors.
Council recognizes the need for a neighbourhood park in or near College Park Subdivision to serve
existing and future residential development in the western part of Windsor.
Policy 11.2.5
It shall be the policy of Council to encourage the developer of a future phase of
College Park Subdivision to dedicate land to be used as a neighbourhood park in
satisfaction of the park and open space requirements of the Subdivision By-
law.
11.3 Recreation Commercial
Campgrounds and outdoor recreation facilities, such as golf courses and driving ranges, require large
areas of land, but few structures, although club houses, pro shops and catering facilities are often
features of these developments. Such facilities, which are open to the public and operated for profit by
private individuals or businesses, are referred to as Recreation Commercial uses. In keeping with the
goal of promoting healthy living and active lifestyles for Windsor residents, Council wishes to encourage
the provision of a variety of recreation facilities, both public and private. To ensure close attention is
paid to details of traffic generation, parking, access, buffering and setbacks, and to allow neighbouring
property owners the opportunity to comment on the development of such uses, Council will consider
new Recreation Commercial uses by development agreement in any designation.
Policy 11.3.1
It shall be the policy of Council to consider the establishment of Recreation
Commercial uses by development agreement in any designation subject to the
following criteria:
(a)
the proposed use is a campground, golf course, driving range, or similar
recreation facility which is open to the public and privately owned;
(b)
the use shall not include race tracks, motocross courses, or other
establishments which require the continued or frequent use of motor
vehicles;
(c)
neighbouring uses will not be adversely affected as a result of traffic
generation, hours of operation, noise, dust or other impacts;
(d)
the lot dimensions, parking and structures are adequate for the use at
proposed capacity;
(e)
the proposed use has frontage on an arterial road;
(f)
adequate landscaping, fencing or buffering, and separation distances
will be provided;
(g)
the development is served by municipal water and sewer services;
(h)
any other matter which may be addressed by development agreement;
and
(i)
the provisions of Policy 16.3.1.
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12.0 ENVIRONMENTAL CONSTRAINTS
An Environmental Constraints Overlay on the Zoning Map (Schedule 'A') will be used to identify lands
which are subject to flooding or subsidence, are low lying, marshy or unstable, or have other constraints
for development by virtue of soil conditions or topography. This designation includes dyked marshlands
where development is regulated under the Nova Scotia Agricultural Marshland Conservation Act.
Dykelands make up approximately 1,000 acres, or nearly half the total land area of the Town of
Windsor. Dykes, ditches and drainage structures called aboiteaux were initially built in this area about
300 years ago by Acadian settlers, allowing them to farm the salt marshes which otherwise would be
flooded at high tide. The Tregothic Marsh dykes along the St. Croix River in the eastern section of town
still prevent tidal flooding of some farmland, but today the dykes also protect the Town's Industrial Park,
a shopping mall, a school, the Hants County Exhibition Grounds, and numerous businesses and homes.
Since the Avon River Causeway was built in 1971, Martock Marsh and Sunny Slope Marsh in the
southwestern part of Town have been protected from flooding by the causeway itself, rather than by
dykes. Much of Martock Marsh is still used for agricultural purposes, although there are also a number
of homes and businesses located primarily along the edges of the dykeland. Despite the dykes and the
causeway, this land has experienced floods of varying degrees of severity over the years.
Although greatly valued for agriculture, dykelands are less suitable for residential and commercial
development because they are characterized by unstable soils and periodic flooding. Flooding may
result from blocked drainage ditches or aboiteaux, or from overtopping or breakage of dykes in high
tides or severe storms. In the fall and winter months, localized freshwater flooding is common as
drainage ditches or aboiteaux become blocked with ice, silt or debris. Although flooding because of tides
overtopping the dykes occurs less often, it represents a definite risk for tidal dykelands such as Tregothic
Marsh.
Martock and Sunny Slope, located upriver from the Avon River Causeway, are mainly at risk from
freshwater flooding. The flood risk for these dykelands is influenced by two elements--the operation of
the causeway gates and Nova Scotia Power's Avon Hydro System. The two causeway gates provide the
only release for flood water from the Avon River watershed into the Minas Basin. The Avon River Hydro
System includes several dams and two hydro stations on the Avon River. Nova Scotia Power has
prepared several flood studies as part of its Emergency Preparedness Plan which examine the potential
effects of possible dam breaches, storm events and operational difficulties with the causeway gates. The
studies conclude that the combination of several events, such as a major water runoff upstream coupled
with a mechanical or power failure making it impossible to open the gates, could trigger serious
flooding.
Residential and commercial development requires infilling, paving, and new culverts to create roads,
driveways and building sites. Cumulative infilling and restricting the dykeland drainage system will
eventually diminish flood water storage capacity of the flood plain and cause flooding to be more
prolonged and widespread. The high public and private costs associated with property damage,
pollution and even loss of life because of serious tidal or freshwater flooding can be avoided by
regulating or prohibiting development on dykeland.
The majority of the land designated Environmental Constraints in Windsor is dykeland. However, there
are a few other areas which also present constraints for development and these are also designated.
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This includes a lowland area next to Avon River at the southwestern Town limits. This area was never an
incorporated dykeland, but it has similar conditions and offers similar development constraints as the
other dykelands within the Town. Lands adjacent to the Quarry Pond which straddles the northern
boundary of the Haliburton House property, including one vacant lot on Lakeview Drive, are designated
Environmental Constraints because the lots were created on land that had been infilled. On these lands,
it is important that the bearing capacity of the soil be determined prior to construction.
Dyked marshlands and other areas with development constraints will be identified on an Environmental
Constraints Overlay on the Zoning Map (Schedule 'A') of the Land Use By-law. Development on these
lands, as permitted by the underlying zone, will be regulated by requiring an environmental study to be
undertaken prior to the issuance of a development permit.
Policy 12.0.1
Dykelands and other areas considered to pose environmental constraints for
development shall be defined on Schedule 'A' of the Windsor Land Use By-law by
means of a pattern overlain on the respective areas.
Policy 12.0.2
Pursuant to the Municipal Government Act, it shall be the policy of Council that
development in the areas referenced in Policy 12.0.1 shall be permitted subject
to the landowner or agent submitting an environmental study conducted by a
qualified person which identifies constraints to construction at the site, prior to
the issuance of a development permit. Without limiting the generality of the
foregoing, the study will describe the susceptibility of flooding, drainage
problems, and the bearing capacity and suitability for construction of soils at the
site, and will identify suitable construction methods, including flood proofing
measures, to overcome the constraints which are found to exist at the site.
Development permits may only be issued for uses permitted within the zone
applicable to that site. The Development Officer shall make this study available
to the Building Inspector for consideration prior to issuance of a building permit.
Policy 12.0.3
Council recognizes the value of dykelands for agriculture and believes that the
Agricultural Marshland Conservation Act provides adequate protection for the
dykelands in Windsor that are currently being used, or have potential, for
commercial agriculture. For dykelands that are exempt from the provincial
regulations or receive a variance from the province, it is the intention of Council
to allow development to occur provided an environmental study is submitted in
accordance with Policy 12.0.2. It shall be the intention of Council to establish
additional regulations in the Land Use By-law governing infilling, topsoil removal
and alteration of topography on dykelands, and to ensure that such regulations
are consistent with provincial legislation.
The Coastal Protection Act was passed in 2019 and will come into effect with the approval of
accompanying regulations. When that happens, a new Coastal Protection Zone will extend along the
coast of Nova Scotia and new requirements will apply to constructing houses and other structures in the
zone. The regulations will outline the protections for sensitive coastal ecosystems and ensure that
construction is at a safer height and distance from coastal shorelines. The purpose is to mitigate impacts
from sea level rise, coastal flooding and coastal erosion.
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Policy 12.0.4
It shall be the policy of Council to designate a Coastal Protection Zone to comply
with the regulations of Bill 106, the Coastal Protection Act. (Amendment #20-30A
effective March 14, 2023)
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13.0 ARCHITECTURAL CONTROL DISTRICTS
Founded in 1759 and incorporated in 1878, Windsor is one of the oldest towns in Nova Scotia.
Unfortunately, many of the Town's earliest buildings were destroyed by a major fire in 1897. The
rebuilding process occurred rapidly after the fire, and today, the majority of the historic buildings in
Windsor date from between 1897 and 1920. The Ferry Hill area is an exception, however. Somewhat
isolated from the rest of the Town because of cliffs and a railway line, many houses in Ferry Hill survived
the Great Fire, including a few dating from the mid-1850s and 1860s.
Today, there are a number of areas exhibiting a concentration of historic or architecturally significant
buildings which greatly enhance the overall character and attractiveness of the Town. To ensure the
protection of these areas, architectural design standards have been introduced for the Ferry Hill and
Central Residential areas and the Town Centre designation, including the Pesaquid CDD. It is intended
that such standards may be introduced for other areas of the Town if the residents wish to have such
controls.
Policy 13.0.1
It shall be the policy of Council to designate Architectural Control Districts in
areas of Windsor where there is a concentration of historic or architecturally
significant buildings. Architectural Control Districts shall be identified on a map
which shall form a schedule to the Land Use By-law (Schedule 'C').
Policy 13.0.2
It shall be the intention of Council to adopt an Architectural Design Manual as
Schedule 'D' to the Land Use By-law including guidelines and requirements
governing the architectural design of new buildings and alterations and
additions to existing buildings located within the Architectural Control Districts.
Windsor's Heritage Advisory Committee, established under the Town's Municipal Heritage Property By-
law, provides advice to Council on registration of municipal heritage properties, as well as on heritage
matters in general. The Heritage Advisory Committee was also involved in the development of the
Architectural Design Manual. Because of the expertise of this Committee, Council wishes to continue
that involvement.
Policy 13.0.3
It shall be the policy of Council to seek comments and recommendations from
the Windsor Heritage Advisory Committee on the following:
(a)
design review of applications for development agreements or Land Use
By-law amendments within the Architectural Control Districts; and
(b)
the designation of new Architectural Control Districts and amendments
to the Architectural Design Manual.
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14.0 TRANSPORTATION AND ROADS
The transportation policies have two primary objectives: (1) to improve the efficiency of the existing
road network and (2) to propose a road network capable of supporting future development in Windsor.
These policies are to be read in conjunction with the Transportation Map (Map 2) which forms an
integral part of this Strategy. Current transportation issues include:
(i)
the impact of twinning Highway 101, including possible changes to the Avon River
Causeway;
(ii)
the strain placed on Town streets from increased traffic flow;
(iii)
a less efficient road pattern because of difficult grades and angles of street intersection;
(iv)
roads within the built-up areas which have inadequate right-of-way widths;
(v)
cost-sharing and jurisdictional differences which make a regional approach to
transportation planning challenging;
(vi)
inefficient traffic circulation because of a lack of secondary routes through Town;
(vii)
poor condition, or lack of, sidewalks and storm drainage in certain areas of Town; and
(viii)
the need for multi-use and pedestrian pathways.
Perhaps the most pressing issue at this time is the twinning of Highway 101 from St. Croix to Avonport.
This change could affect Windsor significantly as the improved commute between Halifax and Windsor
is expected to contribute to increased development in the area. The higher traffic volumes resulting
from new residential and commercial development could place more pressure on streets and
intersections in the Town which are already experiencing traffic problems. For this reason, it is
important for Council to monitor traffic within the Town and, as economically feasible, make
improvements to the existing road network.
Policy 14.0.1
It shall be the policy of Council to monitor traffic patterns and volume on an
ongoing basis and undertake infrastructure, road design or other street
improvements as deemed necessary and financially feasible to ensure efficient
traffic flow throughout the Town.
The Transportation Map (Map 2) shows existing roads and proposed new roads which are to be
constructed according to need and as resources permit. Roads are divided into four types: regional,
arterial, collector and local. Local roads are intended primarily for property access and consist of all
roads in the Town which are not otherwise designated.
14.1 Regional Roads
Regional roads are those which serve not only the Town, but the area as a whole. Highway 101, the
provincial limited access highway connecting Halifax, the Annapolis Valley and southwest Nova Scotia, is
the only road in this category. It is important to Council to maintain the Town's visibility from Highway
101 and to create an inviting entrance to Windsor from Highway 101 through landscaping and signage.
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Policy 14.1.1
It shall be the policy of Council to encourage the preservation of the scenic views
of Windsor, Fort Edward and the Avon and St. Croix Rivers from Highway 101.
Policy 14.1.2
It shall be the intention of Council to create an inviting entrance to the Town
from Highway 101, both at Wentworth Road and Water Street, through
landscaping and signage.
14.2 Arterial Roads
The main function of arterial roads in Windsor is to move traffic efficiently through the Town and to the
Highway 101 access areas.
Policy 14.2.1
It shall be the policy of Council to designate the following roads or portions
thereof as arterial roads as shown on the Transportation Map (Map 2):
(a)
King Street from Gerrish Street to the Town boundary;
(b)
Gerrish Street;
(c)
Wentworth Road;
(d)
Water Street;
(e)
Highway 14; and
(f)
O'Brien Street.
Policy 14.2.2
It shall be the intention of Council to investigate, and undertake as financially
feasible, the redesign of Wentworth Road in order to maintain efficient traffic
flows and achieve the aims of the Wentworth Road Gateway District (see Section
8.6) (Amendment WMPS 09-02 Effective September 3, 2009)
14.3 Major Collector Roads
(Amendment WMPS 09-01 Effective June 9, 2009)
Major Collector roads act as connections between Arterial and Minor Collector Roads, Higher traffic
volumes and a greater mix of vehicular types and sizes are to be accommodated compared to Minor
Collector Roads.
Policy 14.3.1
It shall be the policy of Council to designate the following road as a major
collector as shown on the Transportation Map (Map 2):
Payzant Drive - Wentworth Road to Underwood Drive.
Policy 14.3.2
It shall be the intention of Council to investigate the extension of Payzant Drive
to King Street. If the extension is completed, it shall be the intention of Council to
re-designate Payzant Drive as an arterial road.
Policy 14.3.3
It shall be the intention of Council to improve College Road as the Gladys
Manning Retirement Community, College Park Subdivision and other future
development continues and as deemed financially feasible.
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14.3A Minor Collector Roads
(Amendment WMPS 09-01 Effective June 9, 2009)
Minor collector roads provide links from local roads to major collector roads or arterial roads.
Policy 14.3.1.A It shall be the policy of Council to designate the following roads or portions
thereof as minor collector roads as shown on the Transportation Map (Map 2);
(a)
Stannus Street;
(b)
Clifton-Gray, linking Ferry Farm to Town Centre
(c)
College Road;
(d)
Wiley Ave. - King Street to Albert Street;
(e)
Albert Street - Wiley Ave. to Water Street;
(f)
King Street - Gerrish to Water Street;
(g)
Payzant Drive - south from Underwood Drive.
14.4 Intersections
As a result of increased traffic, many intersections may require design and structural changes.
Policy 14.4.1
It shall be the intention of Council to investigate design and structural changes
to the following intersections. Such improvements may include the addition of
traffic lights, subject to the appropriate traffic studies and engineering
recommendations.
(a)
Wentworth Road at Payzant Drive;
(b)
Wentworth Road at Empire Lane;
(c)
Wentworth Road at O'Brien Street;
(d)
Albert Street at Gray Street;
(e)
Water Street at Gerrish Street; and
(f)
Water Street at Albert Street.
14.5 Infrastructure Maintenance
Council feels that well-maintained roads, curbs and gutters improve the look of the Town. In continuing
to maintain these elements, Council hopes that residents will be encouraged to continue improving their
own properties.
Policy 14.5.1
It shall be the policy of Council to monitor the condition of roads, curbs and
gutters in the Town of Windsor and to upgrade such services as deemed
necessary.
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14.6 Pedestrian Traffic
As part of promoting healthy living in Windsor, the maintenance and improvement of existing sidewalks
and the creation of new sidewalks is an important goal. A vital part of creating a pedestrian network in
the Town is providing well-marked and safe crosswalks. In addition, Council will work to ensure that
sidewalks and crosswalks are accessible to disabled residents.
Policy 14.6.1
It shall be the policy of Council to upgrade the existing crosswalks in Town as
problems are identified and as financially feasible. The establishment of new
crosswalks and sidewalks shall be considered as the need arises.
14.7 Multi-use Trails and Bikeways
In addition to sidewalks, there are several established multi-use trails in the Town, including trails at Fort
Edward and the Haliburton House Museum property. Portions of the former Dominion Atlantic Railway
(DAR) property in downtown Windsor are used as pedestrian walkways. The pathway from the Pesaquid
Aquatic Club around Lake Pesaquid is popular with pedestrians and cyclists from both Windsor and
Falmouth.
In addition to the existing trails in the Town, Council wishes to investigate creating a pathway from the
College Road area to Town Centre, preferably along the Avon River. It is important to create a pathway
surface which can be used by residents of the Gladys Manning Retirement community who may be
mobility impaired.
Policy 14.7.1
It shall be the policy of Council to work with the Province and the Municipality of
the District of West Hants to retain the pathway around Lake Pesaquid.
Policy 14.7.2
It shall be the intention of Council to encourage the extension of the waterfront
walkway along the Avon River to the retirement community on College Road.
Town Council also wishes to investigate providing bicycle pathways in the Town. These may be separate
from roadways but also may be created as lanes on existing streets.
Policy 14.7.3
It shall be the intention of Council to investigate providing bicycle pathways and
bicycle lanes throughout the Town.
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15.0 MUNICIPAL SERVICES
15.1 Water and Sewer
Mill Lakes, located outside the Town limits in the
Municipality of West Hants, is the source of the
Town's water supply (Figure 7). The Windsor
water supply began early stages of development
around 1881, providing running water from Mill
Lakes to the homes and businesses in the
immediate area. An area around the lakes is a
prescribed Protected Water Area under the
Nova Scotia Environment Act. The protected
water area encompasses 4,394 acres (1,778.3
hectares) but does not include the total
drainage area of the watershed.
A study done in 1995 showed that this source
could yield between two and three million imperial gallons per day and as of January 2002 the average
daily flow is 0.7 million imperial gallons per day. A new water plant with a capacity of 1.5 million imperial
gallons per day was completed in the fall of 2002.
The sewer system in the Town of Windsor was initially developed between the late 1800s and the early
1900s. Today, the sewage treatment lagoons in Windsor treat about 450,000 imperial gallons of raw
sewage per day from the eastern end of Windsor and Three Mile Plains, where the storm water and
sewage collection are separated. The plant has the capacity to treat another 100,000 imperial gallons
per day. In the downtown and western end of Windsor the storm water and sewage collection systems
are combined. The sewage and storm water for this area, about two-thirds of Windsor, is discharged
without treatment at one outlet near the convergence of the St. Croix and Avon Rivers.
The cost of providing water and sanitary sewer services to some areas of Windsor would be prohibitive
because of topographical constraints. For this reason, it is the intention of Council to extend water and
sewer services for residential purposes only in areas designated residential or zoned as a Comprehensive
Development District. It is not the intent of Council, however, to prevent private developers from
providing water and sewer services in undeveloped areas of Town.
The provision of water and sewer services for commercial or industrial development will be considered
as the need arises. In particular, the Windsor-West Hants Joint Industrial Park may be considered for
future extension of services.
Policy 15.1.1
Council shall work in cooperation with the Municipality of West Hants toward
ensuring the continued protection of the Mill Lakes water supply area. Among
the measures which may be followed are the purchase of watershed lands and
strict development controls.
Policy 15.1.2
Council shall examine the feasibility of having the prescribed Protected Water
Area enlarged to encompass the natural drainage area of the Mill Lakes.
Figure 7 - Windsor Water Supply
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Policy 15.1.3
It is the intent of Council to extend water and sewer services for residential
purposes only in those areas designated residential or the College Road
Comprehensive Development District.
Policy 15.1.4
It shall be the policy of Council to consider extending water and sewer services in
future commercial or industrial areas including the Pesaquid CDD and the
Windsor-West Hants Joint Industrial Park.
Policy 15.1.5
It shall be the intention of Council to pursue a policy of treating all of Windsor's
sewage as it is financially feasible to do so.
15.2 Solid Waste
Windsor participates in both organic waste and recycling collection to reduce the amount of waste
entering the landfill. Regular garbage, which is sent to the municipal landfill at Cogmagun in the
Municipality of West Hants, is collected bi-weekly. Organic waste in green carts from homes and small
businesses is collected on alternate weeks. The organic waste is sent to Berwick for composting. Blue
bags of recyclables are collected weekly. The local contractor for blue bag collection also is responsible
for disposal of the recyclable material.
Policy 15.2.1
It shall be the intention of Council to continue, where financially feasible, to
participate with the Municipality of West Hants in the disposal of solid waste.
Policy 15.2.2
It shall be the policy of Council to continue to provide a recycling and organic
material (green cart) collection.
15.3 Fire
Windsor has suffered two major fires: one in 1897 and another in 1924, both of which devastated the
downtown area. The first fire department in Windsor was started in 1881. As of August 2001, the
Windsor Fire Department had 65 members and covered an area of 60 square miles. The department has
10 fire trucks including five pumpers, two tankers and two ladder trucks and services areas of West
Hants within a five to seven mile (8.0 - 11.3 kilometre) radius of Windsor.
Policy 15.3.1
It shall be the intention of Council to continue to monitor and evaluate the
Town's fire protection services in light of existing and future requirements.
Policy 15.3.2
It shall be the intention of Council to cooperate with the Municipality of West
Hants and other municipal units where it is advantageous in the interest of more
effective fire protection.
15.4 Police
The Town of Windsor is policed by a detachment of the Royal Canadian Mounted Police. Prior to April
1948 the Town had its own police force. This was replaced by a 2-person detachment. Currently, there
are eight RCMP officers with administrative support provided by the Town. The force is also supported
by two auxiliary members and a "Citizens on Patrol" group as well as the West Hants Detachment of the
RCMP.
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16.0 IMPLEMENTATION
16.1 Municipal Planning Strategy Amendments and Review
From time to time Council may find it necessary to amend the Municipal Planning Strategy or the
accompanying Generalized Future Land Use Map (Map 1).
Policy 16.1.1
It shall be the policy of Council to review and make amendments to this Strategy:
(a)
when there is a requirement to change the Generalized Future Land Use
Map (Map 1);
(b)
to bring the Strategy in line with Provincial Statements of Interest; or
(c)
when Council deems it necessary because of a change in policy
intentions or the development environment.
If the intentions of Council or the nature of development change significantly, it may be necessary to
review the entire Municipal Planning Strategy and Land Use By-law. Such a review shall include a
program of public consultation at different stages of the review. It is recommended that a review be
done at least every eight years.
Policy 16.1.2
It shall be the policy of Council to review the Municipal Planning Strategy
regularly as deemed necessary by changing conditions, but not later than every
eight years.
Policy 16.1.3
It shall be the intention of Council to consider a Land Use By-law amendment to
zone any area immediately adjacent to a given land use designation on the
Generalized Future Land Use Map (Map 1) to a zone permitted in the adjacent
designation without requiring a Strategy amendment, provided that all policies
of the Strategy are satisfied.
Policy 16.1.4
It shall be the intention of Council to consider entering into a development
agreement for a property immediately adjacent to a given land use designation
on the Generalized Future Land Use Map (Map 1) without requiring a Strategy
amendment, provided that all policies of the Strategy are satisfied.
A program of public consultation, known as a Public Participation Program Policy, has been in place and
utilized in the area regulated by the Windsor planning documents since before 2008, and planning in
this area has been subject to the West Hants Regional Municipality Public Participation Program Policy
since April 28, 2020, following the establishment of the Regional government. In order to ensure the
requirements of the Municipal Government Act are met, Council is establishing a policy which will link
the MPS and PPPP. (Amendment #22-33 effective May 1, 2023)
Policy 16.1.5
It shall be the policy of Council to establish and maintain a Public Participation
Program Policy. (Amendment #22-33 effective May 1, 2023)
16.2 Land Use By-law
Policy 16.2.1
It shall be the policy of Council to adopt a comprehensive Land Use By-law
setting out specific requirements to implement this Strategy.
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Policy 16.2.2
The following zones shall be established in the Land Use By-law: (Amendment
WMPS 09-02 Effective September 3, 2009) (as amended by File #23-21 effective May 13, 2025)
Zone
Symbol
Low Density Residential
R-1
Medium Density Residential
R-2
High Density Residential
R-3
College Road Comprehensive Development District
CR-CDD
Town Centre
TC
Pesaquid Comprehensive Development District
P-CDD
Local Commercial
LC
General Commercial
GC
Highway Commercial
HC
Shopping Centre Commercial
SC
Commercial Transitional (WMPS 14-1 Effective May 14, 2015)
CT
Fairground
FG
Light Industrial
LI-1
Joint Industrial Type Two
LI-2
Joint Industrial Type Three
LI-3
Institutional
I
Open Space
OS
Agriculture
AG
Wentworth Road Commercial
WR-C
Mixed Use
MU
Special Overlay Zones
Wentworth Road Gateway District
Environmental Constraints
Architectural Control Districts
16.3 Land Use By-law Amendments and Development Agreements
It may be necessary to amend the Land Use By-law, although the By-law must always be in conformity
with the Municipal Planning Strategy. Should Council consider amending the Land Use By-law, it must
fully examine the implications of the change and the amendment must comply with all other legal
requirements as set out in the Municipal Government Act.
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A development agreement is a legal agreement between Council and a property owner. In such
agreements, a wide range of factors may be addressed that go beyond what may be considered under
standard zoning. Development agreements provide an opportunity for Council to exercise a greater
degree of control over many aspects of a development proposal such as use, design, architectural detail,
hours of operation and other matters of concern to adjacent landowners. Development agreements also
can provide a greater degree of flexibility to the developer. A development agreement is binding upon a
property until the agreement or part thereof is discharged by the Town.
Policy 16.3.1
In considering development agreements and amendments to the Town of
Windsor Land Use By-law, in addition to the criteria set out in various policies of
this Strategy, Council shall consider:
(a)
whether the proposal is considered premature or inappropriate in terms
of:
(i)
the adequacy of sewer and water services;
(ii)
the adequacy of school facilities;
(iii)
the adequacy of fire protection;
(iv)
the adequacy of road networks adjacent to, or leading to the
development; and
(v)
the financial capacity of the Town to absorb any costs relating
to the development.
(b)
the suitability with any aspect relative to the movement of auto, rail and
pedestrian traffic
(c)
the adequacy of the dimensions and shape of the lot for the intended
use
(d)
the pattern of development which the proposal might create;
(e)
the suitability of the area in terms of steepness of grade, soil and
geological conditions, location of water courses, marshes or bogs and
susceptibility of flooding;
(f)
whether the proposal meets the requirements of the appropriate
provincial or federal agencies as well as whether it conforms to all other
relevant municipal by-laws and regulations; and
(g)
any other matter required by relevant policies of this Strategy.
Policy 16.3.2
It shall be the policy of Council that, where considered necessary, a detailed site
plan and architectural drawings shall be submitted by the developer as a
component of the rezoning or development agreement application.
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16.4 Subdivision Control
Subdivision includes the creation of one or more new lots, consolidation of two or more existing lots or
boundary adjustments on existing lots. All subdivision in the Town of Windsor is controlled by the
standards set out the Subdivision By-law.
Policy 16.4.1
It shall be the intention of Council to adopt a Subdivision By-law which reflects
the intent and policies of this Strategy. The By-law shall include:
(a)
road construction standards;
(b)
water and sewer installation standards;
(c)
requirements for dedication of open space or cash-in-lieu; and
(d)
other requirements as permitted through the Municipal Government
Act.
Policy 16.4.2
It shall be the policy of Council to prohibit subdivision of land on private roads.
Policy 16.4.3
It shall be the intention of Council to include in the Subdivision By-law provisions
for the subdivision of lots that do not meet the applicable minimum lot area and
frontage requirements of the Land Use By-law. The conditions under which such
lots may be approved are as follows:
(a)
where two or more main buildings are located on a lot, subdivision is
permitted to create the same number or fewer lots as there are main
buildings;
(b)
where two lot owners wish to alter their common boundary, provided
that no additional lots are created and each lot meets the Land Use By-
law frontage and area requirements or does not have its frontage or
area reduced;
(c)
where new lots are being created, two lots may be approved in
accordance with Section 279 of the Municipal Government Act which
allows for the creation of not more than two undersized lots where the
lot dimensions and area are not less than 90 percent of the required
minimum; and
(d)
where two lots have a common boundary, they may alter their common
boundary, where a development component of a permanent nature such
as a structure, driveway, well or septic tank is encroaching in or upon an
immediately adjacent area of land.
Policy 16.4.5
It shall be the intention of Council to include in the Subdivision By-law and Land
Use by-law special lot size provisions where any part of an unserviced lot is
located within 75 ft (22.86 m) of a watercourse.
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16.5 Capital Improvement Program
In addition to controlling private development, Council may undertake programs of its own to
encourage development in certain areas, to enhance, improve, or protect the environment of the Town,
or to provide a greater range of social, recreation, cultural or educational facilities and activities. It is one
purpose of this Strategy to aid in establishing such programs.
Policy 16.5.1
It shall be the intent of Council to incorporate policies and provisions of this
Strategy into the capital budget and the capital program of the Town to the
greatest extent possible, with the goal of eventual integration of planning,
capital programming and budgeting.
16.6 Guidance for Variances
In addition to the provisions of the Municipal Government Act allowing the Development Officer to
grant a variance in the Land Use By-law requirements for the percentage of land that may be built upon,
yards, lot frontage or lot area, Council also wishes to allow the Development Officer some increased
flexibility in other areas.
Policy 16.6.1
It shall be the policy of Council to allow the Development Officer to grant a
variance in Land Use By-law requirements or terms of a development agreement
where the development agreement so provides, in one or more of the following:
(a)
number of parking and loading spaces required;
(b)
ground area and height of a structure;
(c)
floor area occupied by a home-based business; and
(d)
height and area of a sign.
Policy 16.6.2
It shall be the policy of Council to allow the Development Officer to vary one or
more of the following requirements in the Waterfront Development District
(WDD) zone by site plan approval: (WMPS 19-01 Effective October 1, 2019)
(a)
Streetwall heights;
(b)
Maximum building length;
(c)
Parking requirements;
(d)
Stepbacks and setbacks;
(e)
Frontage requirements;
(f)
Commercial requirements.
16.7 Non-conforming Uses and Structures
Policy 16.7.1
It shall be the policy of Council to relax the restrictions of Sections 238 to 241 of
the Municipal Government Act with respect to non-conforming uses and
structures to allow for the following in the Land Use By-law:
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(a)
the enlargement, reconstruction, repair or renovation of an existing
building on a lot having less than the minimum yards required under the
Land Use By-law, provided the enlargement, reconstruction, repair or
renovation does not further reduce the yards that do not conform and
provided all other applicable provisions of the Land Use By-law are met;
(b)
the minor extension or enlargement, not exceeding 100 ft2 (9.3 m2) in
area, of a structure containing a non-conforming use including additions
of an accessory nature such as entryways, porches or small storage
spaces;
(c)
the recommencement of a non-conforming use of land or a structure
after it has been discontinued for a continuous period in excess of six
months but not more than 12 months; and
(d)
the change in a non-conforming industrial use to another less obnoxious
or less intensive industrial use in terms of traffic generated, hours of
operation, outdoor storage, noise and fumes.
Policy 16.7.2
It shall be the policy of Council to consider the following by development
agreement:
(a)
extension, enlargement or alteration of a structure containing a non-
conforming use in excess of the minor extension or enlargement
provided for in Policy 16.7.1(b);
(b)
extension of a non-conforming use of land;
(c)
rebuilding, after destruction, of a building or structure containing a non-
conforming use;
(d)
change in use of a non-conforming use of land, building or structure to
another non-conforming use; and
(e)
recommencement of a non-conforming use of land or a non-conforming
use in a structure after it has been discontinued for a continuous period
in excess of 12 months.
Policy 16.7.3
In considering a development agreement provided for in Policy 16.7.2, Council
shall have regard to the following:
(a)
the use is similar to the existing non-conforming use or more compatible
with the uses permitted by the Land Use By-law and will not conflict with
neighbouring uses;
(b)
the adjacent area will not be adversely affected with respect to:
(i)
traffic generation and traffic and pedestrian safety;
(ii)
signage;
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(ii)
hours of operation;
(iv)
outdoor storage;
(v)
noise, odours, dust or fumes; and
(vi)
size of building(s);
(c)
adequate parking is provided;
(d)
adequate yards are provided, or the location of the building on the lot is
substantially the same as it was before being damaged or destroyed;
(e)
adequate landscaping and fencing or buffering is provided;
(f)
maintenance of the use will be satisfactory; and
(g)
any other matter which may be addressed by development agreement.
16.8 Development Officer
Policy 16.8.1
In accordance with Sections 243(1) and 243(2) of the Municipal Government Act,
it shall be the intention of Council to appoint a Development Officer who shall
administer the Land Use By-law and Subdivision By-law and as such shall be
responsible for the granting of development permits and approval of plans of
subdivision.
16.9 Recovery of Expenses
The Municipal Government Act allows municipalities to establish fees to cover the costs of amendments
to the Land Use By-law, variances and development agreements.
Policy 16.9.1
It shall be the policy of Council to levy fees from the applicant for following:
(a)
the cost of notifying adjacent land owners;
(b)
the cost of advertising in the newspaper; if the advertising costs are
more than the established fee, then the applicant will be billed for the
difference, or if it is less, the difference shall be refunded;
(c)
the cost of posting a sign; and
(d)
the administrative processing costs.
16.10 Repeal of Strategy
The Town of Windsor Municipal Planning Strategy as adopted by Windsor Town Council on July 23, 1991
and approved by the Minister of Municipal Affairs on October 18, 1991, and all amendments thereto, is
hereby repealed.