West Hants Municipal Planning Strategy (Council-approved May 13, 2008; consolidated to May 13, 2025)
West Hants, Nova Scotia
· adopted 2008-05-13
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MUNICIPALITY OF THE DISTRIST
OF WEST HANTS
MUNICIPAL PLANNING STRATEGY
Approved by Council: May 13, 2008
Effective Date: June 26, 2008
Amended to: May 13, 2025
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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)
Amendment to Policy 5.5.7 of the Municipal Planning Strategy by adding "Existing residential
uses, residential uses in combination with commercial uses, and new dwellings on existing
vacant undersized lots also shall be permitted" - effective June 23, 2011.
2)
Amendment to Policy 11.2.2(c) of the Municipal Planning Strategy by adding the words, "or is
located in close proximity to an existing or proposed Highway 101 interchange" - effective
December 6, 2012.
3)
Amendment to Part 1.3, deleted Part 1.4 in its entirety, and renumbered subsequent sections,
and amendments to Policy 4.14.1, and Policy 11.1.3, deleting references to JPAC - effective
January 22, 2015.
4)
Amendments to Part 7, renumbered Section 7.5 to 7.4, and Policies 7.5.1 and 7.5.2 to 7.4.1 and
7.4.2 respectively - effective January 22, 2015.
5)
Amendments to Sub-clauses in Policy 8.8.6, re-lettered sub-clause (f) to (e) and re-lettered the
remaining sub-clauses sequentially - effective January 22, 2015.
6)
Amendments to Sub-clauses in Policy 8.10.5, re-lettered the first sub-clause (g) to (f) and re-
lettered the remaining sub-clauses sequentially - effective January 22, 2015.
7)
Amendment to Policy 9.1.6, changed zoning code from M-2 to M-1 - effective January 22, 2015.
8)
Amendment to Policy 13.3.1, changed the zoning code from RecSC to RecC - effective January
22, 2015.
9)
Amendment to Section 16.4, inserted the word "in" between the words "out" and "the" in the
last line - effective January 22, 2015.
10)
Amendments to Policies 5.3.2 (a), 5.3.4 (a), 5.3.7(b), 5.3.9(c), 5.4.2 (a), 5.4.3 (a), 5.4.4 (b)(ii),
5.5.4 (c), and 13.1.2, inserted the phrase, "or is capable of being serviced" - effective January
22, 2015.
11)
Amendment to Policy 16.3.1, inserted the phrase, "and other emergency services", immediately
following the words, "the adequacy of fire protection" - effective January 22, 2015.
12)
Amendment to Policy 5.3.6 by adding the words, "boarding or rooming houses" - effective
January 22, 2015.
13)
Amendment to Generalized Future Land Use Map (GFLUM), changing designation of PID
45385796 which is within the Hamlet designation - effective January 22, 2015. (Cross reference
to Consolidated Edition List for Land Use By-law, Item 26)
14)
Amendment to Section 5.8, add new "Policy 5.8.2: Notwithstanding any other policies in this
Strategy, PIDs 45003878 and 45222957 may be developed and used for municipally provided
emergency services" - effective October 19, 2015.
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15)
Amendments to Section 6.0 Village, and Policy 6.2.4, Section 7.1 Hamlet and Policy 7.1.3, and
Section 9.1 General Resource, and Policy 9.1.10 - to allow Council to consider multiple unit
dwellings by development agreement - effective September 26, 2016.
16)
Amendment to add new Policy 9.2.7 to allow Council to consider rezoning land zoned Mineral
Resource (MR) to allow for commercial or industrial uses permitted in the Rural Commercial
(RC) or Resource Industrial (M-1) zones subject to Policy 9.1.6. - effective February 27, 2017.
17)
Amendments to Section 14.0 Transportation, Policies 14.2.1, 14.3.2, and 14.6.4, and to update
the Municipal Planning Strategy Map 2, Transportation, to show streets that have been built
since 2008 - effective May 1, 2017.
18)
Amendments creating Policies, 3.8, 4.4, for a Commercial Development District where the By-
law enacted in accordance with Bill 177, a phase in commercial tax program, will apply -
effective November 20, 2018.
19)
Amendment to Hantsport Generalized Future Land Use Map creating a Commercial
Development District - effective November 20, 2018.
20)
Amendments to Policy 4.1 "Accessory Uses, Buildings and Structures", and New Policy "4.10
Indoor Storage Facility". - effective December 25, 2018.
21)
Amendments to the Municipal Planning Strategy, Part 4, by adding new Policy 4.25 dealing with
Licensed Cannabis Uses - effective November 26, 2019.
22)
Amendment to the Municipal Planning Strategy, Part 11, by adding new section and policies for
"Licensed Cannabis Uses". - effective January 21, 2020.
23)
Amendment to allow secondary suites within single and two-unit dwellings - effective
September 14, 2021
24)
WHLUB File # 22-13 Amendments to replace Section 4.1, amend Section 4.11, and amend the
background information in Section 15.1 to allow detached secondary suites accessory to single
and two-unit dwellings - effective January 10, 2023
25)
WHLUB File #20-29A Amendments to Section 12.1, Dykeland Areas, to provide intention to
comply with the regulations of the Coastal Protection Act - effective March 14, 2023.
26)
File #22-32 Amendments to Part 16.1, Municipal Planning Strategy and Review, to clarify and
add policy to reflect Council's intention to maintain a Public Participation Program Policy -
effective May 1, 2023
27)
File #23-44 Mapping changes to correct the boundary line on the mapping to reflect the former
Hantsport Town boundary - Effective April 23, 2024
28)
File #23-34 Amendments to Policy 7.1.4 to allow churches to be converted into a residential use,
with up to 5 residential units within the Rural Residential (R-4) zone - effective May 21, 2024
29)
File #24-01 Text amendments to Section 4.24, Wind Turbines, removal of Policy 4.24.3, and
amendments to the new Policy 4.24.4 - Effective January 24, 2025
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30)
File #23-21 Text amendments to Section 4.11, 5.2, 5.3, 5.4, 6.2 and 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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Contents
1.0
PREAMBLE ......................................................................................................................................... 9
1.1
Plan Area ....................................................................................................................................... 9
1.2
Scope ............................................................................................................................................. 9
1.3
Planning Background .................................................................................................................... 9
1.4
Public Participation ..................................................................................................................... 10
1.5
Regard by Other Agencies ........................................................................................................... 10
2.0
BACKGROUND ................................................................................................................................. 11
2.1
Context ........................................................................................................................................ 11
2.2
Population ................................................................................................................................... 11
2.3
General Issues and Challenges .................................................................................................... 12
3.0
DEVELOPMENT VISION AND GOALS ............................................................................................... 13
3.1
Vision ........................................................................................................................................... 13
3.2
General Goals .............................................................................................................................. 13
3.3
Growth Centres ........................................................................................................................... 14
3.3.1
Three Mile Plains ..................................................................................................................... 14
3.3.2
Falmouth ................................................................................................................................. 14
3.4
Village .......................................................................................................................................... 14
3.4.1
Brooklyn .................................................................................................................................. 15
3.5
Hamlets ....................................................................................................................................... 15
3.6
Resource Designations ................................................................................................................ 16
3.6.1
Agriculture............................................................................................................................... 16
3.6.2
Resource .................................................................................................................................. 16
3.7
Joint Industrial Park .................................................................................................................... 17
3.8
Commercial Development District .............................................................................................. 17
4.0
GENERAL LAND USE POLICIES ......................................................................................................... 18
4.1
Accessory Uses and Buildings ..................................................................................................... 18
4.2
Automobile Service Stations ....................................................................................................... 18
4.3
Commercial Development .......................................................................................................... 18
4.4
Commercial Development District .............................................................................................. 19
4.5
Development on Municipally-owned land .................................................................................. 20
4.6
Existing Buildings Exceeding Floor Area Limited in Hamlet and Resource Designations ........... 20
4.7
Existing Undersized Lots ............................................................................................................. 21
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4.8
Home-based Businesses ............................................................................................................. 21
4.9
Household Livestock ................................................................................................................... 22
4.10
Indoor Storage Facility ................................................................................................................ 22
4.11
Housing ....................................................................................................................................... 23
4.12
Kennels ........................................................................................................................................ 24
4.13
Landscaping ................................................................................................................................. 24
4.14
Lighting ........................................................................................................................................ 24
4.15
Manufactured Home Parks ......................................................................................................... 24
4.16
Municipal/Town Boundary ......................................................................................................... 25
4.17
One Main Building on a Lot ......................................................................................................... 25
4.18
Open Storage .............................................................................................................................. 26
4.19
Parking ........................................................................................................................................ 26
4.20
Signage ........................................................................................................................................ 26
4.21
Temporary and Special Uses ....................................................................................................... 27
4.22
Utilities and Telecommunication Towers ................................................................................... 27
4.23
Watercourses .............................................................................................................................. 28
4.24
Wind Turbines ............................................................................................................................. 28
4.25
Licensed Cannabis Uses .............................................................................................................. 29
5.0
GROWTH CENTRE ............................................................................................................................ 31
5.1
General Policies ........................................................................................................................... 31
5.2
Residential Development - General ........................................................................................... 32
5.3
Three Mile Plains Growth Centre - Residential Policies ............................................................. 33
5.4
Falmouth Growth Centre - Residential Policies ......................................................................... 38
5.5
Commercial Core Development .................................................................................................. 42
5.6
Commercial Development Outside the Commercial Core .......................................................... 48
5.7
Industrial Development .............................................................................................................. 49
5.8
Institutional Development .......................................................................................................... 51
5.9
Agriculture .................................................................................................................................. 52
6.0
VILLAGE ........................................................................................................................................... 53
6.1
Brooklyn ...................................................................................................................................... 53
6.2
Residential Development ............................................................................................................ 54
6.3
Village Core ................................................................................................................................. 56
6.4
Commercial Uses Outside the Village Core................................................................................. 57
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6.5
Industrial ..................................................................................................................................... 58
6.6
Institutional ................................................................................................................................. 58
6.7
Recreation Commercial ............................................................................................................... 59
6.8
Agriculture .................................................................................................................................. 59
7.0
HAMLET ........................................................................................................................................... 60
7.1
Residential Development ............................................................................................................ 62
7.2
Commercial and Industrial Development ................................................................................... 63
7.3
Institutional Development .......................................................................................................... 65
7.4
Agriculture .................................................................................................................................. 65
8.0
AGRICULTURE.................................................................................................................................. 66
8.1
Introduction ................................................................................................................................ 66
8.2
General Policies ........................................................................................................................... 67
8.3
New Roads .................................................................................................................................. 68
8.4
Removal of Topsoil ...................................................................................................................... 68
8.5
Livestock Operations ................................................................................................................... 69
8.6
Determination of Agricultural Capability .................................................................................... 70
8.7
Agriculture Zones ........................................................................................................................ 71
8.8
Prime Agriculture Zone ............................................................................................................... 71
8.9
Agricultural Priority Two Zone .................................................................................................... 74
8.10
Agriculture Priority Three Zone .................................................................................................. 76
8.11
On-Farm Businesses .................................................................................................................... 78
9.0
RESOURCE ....................................................................................................................................... 81
9.1
General Resource ........................................................................................................................ 81
9.2
Mineral Resource ........................................................................................................................ 88
9.3
Water Supply ............................................................................................................................... 89
10.0
MUNICIPAL LANDFUL ...................................................................................................................... 93
11.0
INDUSTRIAL PARK ........................................................................................................................... 94
11.1
Joint Industrial Park .................................................................................................................... 94
11.2
Future Industrial Park ................................................................................................................. 95
12.0
ENVIRONMENTAL CONSTRAINTS .................................................................................................... 97
12.2
Geologic Constraints ................................................................................................................. 100
13.0
COMMUNITY USE .......................................................................................................................... 101
13.1
Institutional ............................................................................................................................... 101
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13.2
Open Space ............................................................................................................................... 102
13.3
Recreation Commercial ............................................................................................................. 102
14.0
TRANSPORTATION ........................................................................................................................ 105
14.1
Regional Roads .......................................................................................................................... 105
14.2
Arterial Streets .......................................................................................................................... 105
14.3
Collector Streets ........................................................................................................................ 105
14.4
Local Streets .............................................................................................................................. 105
14.5
Private Roads ............................................................................................................................ 106
14.6
Traffic Impact Studies ............................................................................................................... 106
15.0
MUNICIPAL SERVICES .................................................................................................................... 108
15.1
Water and Sewer ...................................................................................................................... 108
15.2
Solid Waste ............................................................................................................................... 109
15.3
Fire ............................................................................................................................................ 109
15.4
Police ......................................................................................................................................... 110
16.0
IMPLEMENTATION ........................................................................................................................ 111
16.1
Municipal Planning Strategy Amendments and Review ........................................................... 111
16.2
Land Use By-law ........................................................................................................................ 111
16.3
Land Use By-law Amendments and Development Agreements ............................................... 112
16.4
Subdivision Control ................................................................................................................... 114
16.5
Infrastructure Charges .............................................................................................................. 115
16.6
Capital Improvement Program ................................................................................................. 116
16.7
Guidance for Variances ............................................................................................................. 116
16.8
Non-conforming Uses and Structures ....................................................................................... 116
16.9
Development Officer ................................................................................................................. 118
16.10
Recovery of Expenses ............................................................................................................ 118
16.11
Repeal of Strategy ................................................................................................................. 118
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1.0
PREAMBLE
1.1
Plan Area
The Municipality of the District of West Hants (AWest Hants@) is the area covered by this Municipal
Planning Strategy.
1.2
Scope
The Municipal Planning Strategy provides the framework to guide growth and development in West
Hants. 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 and
development in West Hants. 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
Municipality.
This document and the maps listed below make up the Municipality of the District of West Hants
Municipal Planning Strategy:
(a)
Map 1 Generalized Future Land Use Map; and
(b)
Map 2 Transportation Map.
1.3
Planning Background
Land use planning in West Hants began with the adoption of a Municipal Development Plan and Zoning
By-law for Falmouth in 1976, followed by Area One in 1982. In 1989, planning documents were
approved for the primarily agricultural area of Upper Falmouth. Planning reached the remainder of West
Hants in 1994 when a Municipal Planning Strategy and Land Use By-law were adopted for Areas Two
and Three. (Amendment WHMPS 14-01 Effective January 22, 2015)
The review of all four documents, under the Municipal Government Act, was started in October, 2001. In
general, the purpose of this Municipal Planning Strategy and Land Use By law review is to:
Planning Strategy
Main Focus
Original
Document
Most Recent
Upper Falmouth
Protect agricultural land
1989
April 11, 1989
Falmouth
Develop and control residential growth while
preserving rural atmosphere
1976
December 22, 1986
Area 1
Protect resource land by directing non-rural
development to Growth Centre, Village and Hamlets
1982
December 16, 1991
Areas 2 and 3
Protect water resources and prevent undesirable land
uses
1991
November 24, 1994
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(a)
combine the four existing planning documents into one comprehensive Municipal
Planning Strategy and Land Use By law;
(b)
determine the appropriateness of existing policies;
(c)
delete policies that are no longer relevant;
(d)
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
(e)
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.
(Amendment WHMPS 14-01 Effective January 22, 2015)
1.4
Public Participation
The West Hants 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. The
Committee also met with land developers and agricultural producers to gain insight into the special
concerns of these interest groups. In addition, a small working group of area farmers met with planning
staff over a number of months to assist in developing agricultural policies. Residential density and
servicing issues in Falmouth were explored at a special planning charrette in that community in 2005.
Two rounds of public information meetings were staged in seven West Hants communitiesCin 2002 and
again in 2007.
Future amendments to this Municipal Planning Strategy will continue to include public participation in
the process.
1.5
Regard by Other Agencies
It is intended that all public and private agencies concerned with the development of West Hants shall
have due regard to the policies contained herein.
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2.0
BACKGROUND
2.1
Context
The Municipality of the District of West Hants, incorporated in
1879, is a primarily rural municipality bordered by the
Municipalities of East Hants, Kings, Chester, Halifax Region and
the Town of Hantsport. Development is concentrated around
the Town of Windsor in Three Mile Plains and Falmouth, and
in communities near Highway 101.
2.2
Population
Overall, the population of West Hants increased by 5,587
people between 1901 and 2006. The population has grown
steadily since 1941 with the exception of slight decreases
recorded in the 1981 (1.5 %) and 2001 (0.1%) censuses. Table
1 shows the historical growth of West Hants as compared with
Nova Scotia, while Figure 1 graphically shows the population
change in West Hants since 1901.
As shown in Figure 2, West Hants has an aging population. The baby boomers, born after World War II,
are reaching their 40s and 50s and early retirement. Older people, especially women, are living longer.
The lower populations in the 15-19 and 20-24 cohorts can be explained, in part, by young people leaving
home for education and work. Figure 2 shows the number of 0 to 44 year olds decreasing between 1986
and 2006 and the number of 45 to 65+ year olds increasing over the same period.
In 2006, almost 45 percent of the population of West Hants was above the age of 44 (Figure 3), with a
fairly even distribution between men and women.
Table 1 - Population Growth, 1901-2006
Source: Statistics Canada
Figure 1 - West Hants Population, 1901-2001
Source: Statistics Canada, 2002
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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 West Hants:
-
Dealing with the development pressure that may result from twinning Highway 101
-
Allowing for new development while protecting the "quiet, rural atmosphere"
-
Encouraging development in the areas that are already serviced by municipal water and sewer
-
Dealing with potential servicing in the Village of Brooklyn
-
Providing protection for agricultural land in the currently unzoned areas (Areas Two and Three)
-
Providing increased flexibility in the siting requirements for intensive livestock operations while
ensuring that environmental issues are addressed and adjacent non farm uses are protected
-
Encouraging the reclamation of mine sites
-
Dealing with the issue of private roads
-
Encouraging a regional approach to development which benefits both the Town and the
Municipality
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3.0
DEVELOPMENT VISION AND GOALS
3.1
Vision
Until now, West Hants addressed development through separate planning documents for specific areas
of the Municipality: Area One, Areas Two and Three, Falmouth and Upper Falmouth. This Strategy takes
a more comprehensive and consistent approach by guiding development across the Municipality as a
whole. In doing this, however, the Strategy recognizes the distinct concerns which were the focus of the
earlier planning documents.
Over the past few years, West Hants has had a gradual overall increase in population which will likely
continue in the future as the twinning of Highway 101 between Windsor and Halifax is completed. While
the new development accompanying this population growth is welcome, it may also bring increased
demand for expensive water and sewer services, pressure on valuable resource lands, conflicting urban
and rural values, and land uses.
This Strategy uses a controlled development approach to achieve a settlement pattern which
accommodates a wide range of land uses in a compatible and efficient manner. To accomplish this, the
Strategy distinguishes between urban and rural development. The urban component consists of Growth
Centres, which will be serviced with municipal water and sewer, and the rural one of Villages, Hamlets
and resource areas. To reduce sprawling development in resource and environmentally sensitive areas,
the focus for the majority of growth will be the Growth Centres and, to a lesser extent, the Village and
Hamlets. Such concentrated development also allows for more efficient and cost-effective provision of
municipal services and infrastructure such as streets and water and sewer services.
3.2
General Goals
-
Maintain a "quiet, rural atmosphere" as desired by respondents to the 2002 Plan Review Survey.
-
Encourage more dense development in the Growth Centre designation within servicing
boundaries.
-
Encourage large-scale commercial and industrial development to locate in the Growth Centres
and industrial parks, and work with the Town of Windsor to maintain commercial service centres
for both West Hants and the Town.
-
Encourage development which does not place undue strain on the existing facilities or financial
resources of West Hants.
-
Recognize the poor supply of potable water in West Hants and identify potential sources of water.
-
Allow for flexibility in development standards to provide alternate development solutions.
-
Promote the protection of the natural environment, watercourses and environmentally sensitive
areas through land use controls and setback requirements.
-
Provide a variety of community and neighbourhood recreational sites.
-
Identify areas with constraints for development because of soil conditions, topography, risk of
flooding, subsidence or other conditions.
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3.3
Growth Centres
Growth Centres are intended to accommodate most of the future non rural development which will occur
in West Hants, thereby relieving development pressure from non-renewable resource lands. It is expected
that a full range of municipal services, including water and sewer, recreation facilities, street lights and
sidewalks, will eventually be provided in these communities as they become necessary. Concentrated
development makes the provision of such services more economical. Because of the expense involved in
constructing, extending and maintaining municipal water and sewer infrastructure, these services will be
provided only in the two existing Growth Centres of Three Mile Plains and Falmouth, as well as the
Windsor-West Hants Joint Industrial Park.
3.3.1 Three Mile Plains
The Three Mile Plains Growth Centre, located adjacent to the Town of Windsor, is fully serviced with
municipal water and sewer and has the capacity to accommodate a considerable amount of new
commercial and residential development.
Three Mile Plains Development Objectives
-
Accommodate the majority of future commercial growth in West Hants.
-
Permit an urban residential growth pattern which includes higher density development.
-
Enable vacant land behind existing homes and businesses to be developed as needed.
-
Address traffic concerns on Highway 1 by ensuring commercial driveway accesses are better
defined through width, landscaping and other land use by law requirements.
-
Allow for the development of small lots to make better use of existing infrastructure.
3.3.2 Falmouth
Falmouth, located on the west side of the Avon River, has developed as a mainly residential area. There
is a significant amount of serviced land still available for future development. It is important to the
Municipality to see development in Falmouth which maintains the Aquiet, rural atmosphere@ of the
community while providing a range of housing types, land for recreation and a commercial core area.
Council also recognizes the limitations on the water resources and sewage treatment system in
Falmouth and will monitor their capacity as new development occurs.
Falmouth Development Objectives
-
Provide for the development of Falmouth as a predominantly residential community, with a
defined growth boundary based on the Municipality=s ability to provide necessary services.
-
Accommodate rural lifestyle activities to the extent that such activities are compatible with a
moderate density of residential development.
-
Monitor the extension of services and, when necessary, limit service extension to ensure the
capacity of the municipal sewer and water systems is not exceeded.
-
Encourage street design in new residential developments that separates local traffic from
through traffic.
3.4
Village
The Village designation recognizes development centres where growth at a rate comparable to Growth
Centres is not desired and municipal sewer and water services will not be provided. Villages will serve as
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focal points for the surrounding countryside. Some residential and controlled commercial development
will be encouraged. Under this Strategy, only Brooklyn has been designated as a Village.
3.4.1 Brooklyn
Brooklyn has historically provided commercial and institutional services to the surrounding
communities. The village includes a densely developed core area of residential and commercial uses.
Brooklyn Development Objectives
-
Maintain the quiet, village atmosphere.
-
Continue role as a commercial and institutional service centre for surrounding communities.
3.5
Hamlets
Eleven Hamlets have been designated within West Hants. These communities are generally
characterized by areas of relatively concentrated residential development, a church or community hall,
and one or more small businesses. It is intended that Hamlets will continue to provide such services to
the surrounding countryside. Municipal water and sewer services, which are more characteristic of
urban areas, will not be provided in Hamlets. The retention of the rural nature of Hamlet communities
is an important objective of the West Hants Strategy.
Hamlets
Ardoise - Cameron Lake
Newport Landing
Cheverie
Newport Station
Ellershouse
St. Croix
Gypsum Mines - Sweets
Corner
Summerville
Mount Denson
Wentworth Creek
Newport Corner
Three HamletsCNewport Station, Mount Denson and Wentworth CreekCeither abut or are within
proximity to the existing serviced areas. Over time, as the Growth Centres infill, additional land may be
required for serviced development and consideration may be given to extending the Growth Centre
boundaries into former Hamlets. At that time, municipal water and sewer services may be extended to
these areas if the costs are feasible.
Hamlet Development Objectives
-
Provide locally-oriented community services, such as community halls and churches, to the
surrounding countryside.
-
Allow for commercial and industrial uses which provide a necessary service to local residents.
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-
Accommodate a limited amount of residential development in a rural environment.
-
Provide only a limited number of municipal services.
-
Maintain rural atmosphere
3.6
Resource Designations
The Strategy creates two resource designations based upon the natural capabilities of the land as well as
its most likely use. An Agriculture designation comprises active farms and land with the highest
capability for agriculture. A Resource designation encompasses land used for forestry and mining, as
well as some areas of combined resource use and municipal water supply areas. Although these areas
are intended primarily for resource-based activity, limited non-resource development will also be
permitted. The intent of the Strategy is to minimize potential conflicts and to treat resource activity as
paramount in these areas.
3.6.1 Agriculture
Agriculture is important to West Hants as a primary employer as well as providing jobs in related
industries. The majority of the agricultural land is found along the Avon, Kennetcook and St. Croix Rivers.
There are several very important agricultural districts in the Municipality, including Upper Falmouth and
Avondale Poplar Grove. These are areas with active farms and the best agricultural soils, Canada Land
Inventory Class 2 and 3. There are also close to 6,000 acres of dykeland in West Hants, representing
some of the most productive agricultural land in the province.
Agriculture Development Objectives
Preserve and enhance the agricultural resources of West Hants by protecting prime agriculture areas
from the intrusion of uses and activities which are incompatible with, or unnecessary to, the future
growth of the agricultural sector.
-
Discourage the fragmentation of larger farm properties.
-
Provide the necessary long term security required for continued agricultural production through
land use planning and regulation.
-
Accommodate limited residential and other non agricultural uses on lands less suitable for
agriculture provided agricultural activities are not compromised.
-
Establish separation distances between agricultural uses and residential development to reduce
land use conflicts.
-
Enable economic diversification of farm operations by allowing for a wider range of on farm
businesses.
3.6.2 Resource
Outside the Growth Centres, Village and Hamlets, land which is not designated Agriculture will be
designated Resource and several resource zones will apply.
Mineral Resource
West Hants has significant gypsum deposits which have supplied mining operations for over 200 years.
Fundy Gypsum Company operates two extraction sites and owns large tracts of land. The gypsum
industry plays an important role in the economy of the area; however, it not only consumes a large
amount of land, but also involves significant changes to the topography. It is important to West Hants
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to work with Fundy Gypsum and other mining companies to promote the reclamation of closed mine
sites and to reduce land use conflicts between mining operations and adjacent uses.
General Resource
A large part of the southern and north eastern part of West Hants is Crown land or owned by large
forestry companies. Most of this area is served only by woods roads, although a significant amount of
cottage development accessed by private roads has grown up around the lakes in the south. The 1996
Census showed the forestry sector provided employment for 80 people in West Hants. The importance
of the forested lands of West Hants goes far beyond their value for employment. They also provide
wildlife habitat and outdoor recreation opportunities. In addition, potential future water supply sources
are located in these areas.
Water Supply
The municipal water supply areas for Falmouth, Windsor and Hantsport are all located within the West
Hants municipal boundaries. These areas will be protected through a special water supply zone which
will strictly regulate development to reduce the potential for contamination of the water supply.
Resource Designation Development Objective
-
Limit the development of resource land for non-resource use to protect the forestry, mineral,
water supply, wildlife habitat and recreational resources of West Hants.
3.7
Joint Industrial Park
The Windsor West Hants Joint Industrial Park, at the Highway 101 and Wentworth Road interchange,
straddles the municipal boundary between West Hants and the Town of Windsor. The Park consists of
approximately 100 acres of land, most of which is developed. The Windsor and West Hants Municipal
Planning Strategies contain identical policies with regard to the development of the Joint Industrial Park.
3.8
Commercial Development District
A Commercial Development District will be designated to incentivize development for businesses in the
serviced commercial areas of the Municipality. Included in this Commercial Development District are the
Commercial Core areas in Falmouth and Three Mile Plains Growth Centres. Council will apply a by-law
enacted in accordance with Bill 177, a phase-in commercial tax program, in this area. The Commercial
Development District Improvement By-law outlines the details of the phase-in tool. (Amendment 18-05
effective November 20, 2018)
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4.0
GENERAL LAND USE POLICIES
4.1
Accessory Uses and Buildings
(As amended by File # 22-13 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, special requirements will be established 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
Commercial Development
Commercial development should be appropriately sited and designed, with safe driveway access,
adequate on-site parking, and control over open storage, setbacks from residential uses and similar
matters.
Policy 4.3.1
It shall be the policy of Council to encourage the proper development of
commercial uses by addressing the following in the Land Use By-law:
(a)
providing adequate on-site parking and loading areas;
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(b)
providing safe driveway access by ensuring driveways meet commercial
stopping sight distance requirements;
(c)
limiting points of access and egress to parking areas;
(d)
requiring adequate landscaping of developments;
(e)
controlling open storage; and
(f)
establishing abutting zone requirements such as setbacks from adjacent
non-commercial zones.
4.4
Commercial Development District
To incentivize development for businesses in the serviced commercial areas, Council intends to focus
the Commercial Development District in the Commercial Core areas in the Three Mile Plains and
Falmouth Growth Centres. Council will apply a by-law enacted in accordance with Bill 177, a phase-in
commercial tax program, in this area. The Commercial Development District Improvement By-law
outlines the details of the phase-in tool.
The Windsor-West Hants Joint Industrial Park may also be considered for inclusion in the Commercial
Development District. Designating the Industrial Park will incentivize revitalization of industrial
properties and encourage larger scale, more intensive commercial and industrial properties to relocate
to the industrial park. This is particularly true of uses that could not locate within the Growth Centres or
the Town of Windsor due to possible conflicts with adjacent land uses. It takes significant collaboration
to include this area, as the policies for the Joint Industrial Park must be the same in the West Hants and
the Town of Windsor Municipal Planning Strategies. Therefore, Council intends to allow the possibility of
amending the Commercial Development District, should the Town of Windsor agree to include the Joint
Industrial Park in the designated area, or if municipal servicing is extended to any other commercial or
industrial areas in the Municipality.
Policy 4.4.1
It shall be the policy of Council to establish a Commercial Development District
(CDD) designation which will include the serviced properties within the
Commercial Core designation of Falmouth and Three Mile Plains as identified on
the Generalized Future Land Use Map, as amended January 22, 2015.
Policy 4.4.2
It shall be the policy of Council to consider the expansion of the Commercial
Development District areas by amendment to this Strategy and the Land Use By-
law subject to the following:
(a)
the area is serviced with municipal water and sewer;
(b)
the area is zoned commercial or industrial, or has been identified on the
Generalized Future Land Use Map as an area within which to
concentrate commercial or industrial businesses;
(c)
the permitted uses for the expanded area will not conflict with
residential uses abutting the boundary;
(d)
any other matter which may be addressed in a Land Use By-law; and
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(e)
Policy 16.3.1.
(Amendment 18-05 effective November 20, 2018)
4.5
Development on Municipally-owned land
Institutional, community use and public works development on municipally owned lands shall be
permitted in any zone. For major developments, however, such as a sewage treatment plant, or other
public or institutional building or facility, Council feels it is important to consider the 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 4.5.1
It shall be the policy of Council to allow institutional, community use or public
works development on municipally 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 (185.80 square meters) and would require a
development agreement or rezoning if undertaken on privately-owned land, 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 a notice of the public meeting.
4.6
Existing Buildings Exceeding Floor Area Limited in Hamlet and Resource
Designations
Within the Hamlet and Resource designations, permitted floor area is limited for certain commercial
uses. The purpose of this restriction is to ensure that larger scale, non-resource commercial and
industrial development is directed to the Growth Centres, while Hamlets and resource areas provide
small-scale, local services. There are, however, several existing non-residential buildings in the Hamlet
and Resource designations which are far in excess of the floor area limit. This means that, in some cases,
large sections of these existing buildings cannot be used. Council does not wish to prevent the re
development of these existing buildings, but wants to have some control over their development and
the impact on neighbouring properties and land uses. For this reason, Council will consider permitting
development of these existing large buildings by development agreement. To allow for a wide variety of
uses, uses permitted in the Local Commercial (LC), Hamlet Industrial (M-2) and Rural Commercial (RC)
zones will be considered.
Policy 4.6.1
It shall be the intention of Council that existing non residential buildings
exceeding the commercial floor area limit in the Hamlet and Resource
designations may be permitted to use the full extent of their floor area for
commercial or industrial use by entering into a development agreement, subject
to the following:
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(a)
the proposed use or uses are permitted in the Local Commercial (LC),
Hamlet Industrial (M-2) or Rural Commercial (RC) zones;
(b)
safe and efficient roadway access is provided;
(c)
adequate on site parking is provided;
(d)
the proposed use or uses are not considered obnoxious by reason of
noise, odours, dust, fumes, or other emissions;
(e)
adequate landscaping and screening, especially of open storage and
parking, is provided;
(f)
the use or uses are compatible with adjacent land uses with respect to
traffic generation, hours of operation and other matters;
(g)
any other matter which may be addressed by development agreement;
and
(h)
Policy 16.3.1.
4.7
Existing Undersized Lots
It is not the intention of Council to prevent development on undersized lots legally created prior to the
effective date of this Strategy and By law, but which may not meet lot area or frontage requirements
imposed by these planning documents, provided all other land use by-law requirements can be met.
Policy 4.7.1
It shall be the policy of Council to allow development on undersized lots that
existed on the effective date of this Municipal Planning Strategy and Land Use
By-law, provided all other Land Use By-law requirements can be met.
4.8
Home-based Businesses
A home based business is a small business carried on in a dwelling by a resident of the dwelling. Such
businesses provide flexible employment opportunities. In many cases, no outward sign of the
commercial activity is apparent. Provided they remain small in scale, home based businesses are
considered compatible uses in residential areas. This is especially true in rural areas with large lots
where a business can be operated from a home with little or no impact upon adjacent uses.
Policy 4.8.1
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 4.8.2
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
they remain small scale and compatible with residential neighbourhoods and
adjacent uses.
Policy 4.8.3
It shall be the policy of Council to regulate signage, open storage and outdoor
display associated with home based businesses to minimize impacts on adjacent
residential uses.
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Policy 4.8.4
It shall be the policy of Council not to permit home businesses which may be
considered:
(a)
obnoxious by reason of sound, odour, dust, fumes, smoke or other
emission, refuse material or water-carried waste;
(b)
incompatible in residential or rural areas because of increased traffic
flow, parking requirements or other reasons; or
(c)
more suitable to a commercial zone which allows accessory residential
uses.
4.9
Household Livestock
Unlike commercial farms where the agricultural use is considered the main use of a property, household
livestock operations or hobby farms are accessory to the main residential use of a lot. The ability to
keep one or two horses or a small number of other livestock is a valued feature of rural life. Since West
Hants is primarily a rural municipality, Council feels that the keeping of household livestock should be
permitted in any residential area, including the Growth Centres, provided the property is large enough
to accommodate the number of animals and all setbacks for barns and manure storage can be met.
Policy 4.9.1
It shall be the policy of Council to allow household livestock operations within
residential areas of West Hants subject to Land Use By-law regulations
governing:
(a)
minimum lot size;
(b)
limits on the number of livestock permitted in Growth Centres, Village
and Hamlets;
(c)
separation distances from adjacent properties, watercourses and wells;
and
(d)
containment of household livestock within the property through
buildings, fences or enclosures.
4.10 Indoor Storage Facility
The agricultural areas of West Hants are facing economic pressure similar to other agricultural areas in
Nova Scotia. Property owners are looking to diversify lots used for agricultural purposes to make it
financially viable to continue agricultural operations. Storage buildings on lots used for agriculture
purposes are commonly constructed for storage of agriculture-related supplies and products such as
fertilizers, harvest totes, hay, animals and equipment. These large buildings may not be fully utilized all
year round.
To encourage and support the continuation of agricultural operations by providing the opportunity to
earn additional income, Council will permit the use of buildings which are erected and regularly used as
part of a main agricultural use for indoor storage facilities. Indoor storage facilities will mean indoor
storage of a wide range of items. To ensure agricultural activities remain the dominant land use, indoor
storage facilities will have to meet specific requirements.
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Policy 4.10.1
It shall be the policy of Council to permit indoor storage facilities as an accessory
use to agricultural uses. (Amendment 18-03 Effective December 25, 2018)
4.11 Housing
Council acknowledges it is important to encourage the provision of housing that includes all residents in
West Hants 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 enable 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 #22-13 January 10, 2023) (as amended by File #23-21 effective May 13, 2025)
Policy
As a result, it shall be the policy of Council to:
4.11.1 encourage the provision of housing adequate to meet the needs of all residents in West
Hants. 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.
4.11.2 provide for the development of a range of housing types in West Hants.
4.11.3 include flexible development standards which encourage innovative housing
development in the Municipal Planning Strategy and Land Use By-law.
4.11.4 permit secondary suites within and accessory to single and two-unit dwellings in all
zones, with regulation regarding the size, location and appearance of secondary suites
to ensure the use remains small-scale and compatible with the neighborhood. (As
amended by File #22-13 January 10, 2023)
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
affordable housing units through creating affordable housing policies and developer partnerships with
local housing providers, agencies, and other levels of government to meet the varying financial needs of
current and future residents.
4.11.5 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
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certain number of dwelling units that meet the definition of Affordable Housing Unit in
the Land Use By-law, in the following zones:
(a) Medium Density Residential (R-2); and
(b) High Density Residential (R-3).
4.11.6 It shall be the policy of Council to identify surplus Municipal-owned properties that may
be suitable for affordable housing development.
4.11.7 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.
4.12 Kennels
The establishment of kennels or boarding facilities close to residential properties can be a source of
great annoyance to neighbours subjected to late-night barking.
Policy 4.12.1
It shall be the policy of Council to regulate the establishment of kennels in the
Land Use By-law including soundproofing requirements and conditions limiting
the hours during which animals will be permitted to occupy outdoor exercise
runs.
4.13 Landscaping
The provision of landscaping or ground cover is important for erosion control as well as to maintain the
overall appearance and character of communities. In addition, where non-residential development
abuts residential uses, the Land Use By law will specify buffer zones between these uses to reduce land
use conflicts.
Policy 4.13.1
It shall be the policy of Council to regulate landscaped open space in the Land
Use By law.
Policy 4.13.2
It shall be the policy of Council to require buffering between residential and non-
residential uses to mitigate land use conflicts. Buffering may include setbacks,
landscaping or planting strips and similar methods.
4.14 Lighting
To address safety issues and prevent conflicts between adjacent uses resulting from outdoor lighting,
particularly flood lights, the Land Use By-law will regulate the placement of outdoor lighting.
Policy 4.14.1
It shall be the policy of Council to regulate outdoor lighting in the Land Use By
law to prevent conflicts between adjacent uses resulting from indiscriminate
placement of flood lights and other outdoor lighting.
4.15 Manufactured Home Parks
The term ?manufactured home@ refers to both mobile homes and mini homes. While manufactured
homes on individual lots are permitted in some zones as-of-right, Council wishes to provide a further
option for manufactured home parks where residents may own, lease or rent their homes, but do not
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own the land. At this time there are several existing manufactured home parks in West Hants. To avoid
making them non-conforming, a Manufactured Home Park zone will be applied to these uses.
The establishment of new manufactured home parks can be controversial. Generally, the individual pad
sites are small, resulting in higher density development that is more characteristic of an urban
environment than a rural one. Council feels this type of development is most appropriate in Growth
Centres where municipal services are available. To allow Council strict control over the development of
new manufactured home parks, they will be considered only by development agreement.
Policy 4.15.1
It shall be the policy of Council to establish a Manufactured Home Park (MHP)
zone which will be applied to existing manufactured home parks in West Hants.
Policy 4.15.2
It shall be the policy of Council that new manufactured home parks will be
considered by development agreement only in the Growth Centres subject to
Policy 5.3.9.
4.16 Municipal/Town Boundary
It is the intention of Council to co operate with the Town of Windsor in providing for development
adjacent to the municipal boundary. Several residential areas in Windsor are located next to the
boundary. These areas include Sunnyhill Drive Campbell Avenue and Underwood Drive. 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 municipal boundaries. There are, however, two important considerations for both
municipal units before permitting this to occur. First, it will be important to ensure that the existing road
networks are capable of accommodating any increased traffic. Second, there must be agreement
between the two units on responsibility for delivery and costs of municipal services to the new
development.
Policy 4.16.1
It shall be the policy of Council to work with the Town of Windsor to provide a
seamless delivery of services over municipal boundaries. (Amendment WHMPS 14-01
Effective January 22, 2015)
4.17 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. For certain types of development, however, more than one main
building may be necessary. For example, industrial and agricultural uses often require several main
buildings. Grouped dwellings and manufactured home parks, by their very nature, involve more than
one main building on a lot. Furthermore, it has been the practice in West Hants to allow a second
dwelling on a lot without subdividing, provided it can be shown that the lot is large enough to subdivide
and all other requirements can be met.
Policy 4.17.1
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)
farm buildings, or where an additional dwelling is to be used by a farm
employee, farm owner or family member involved in the farm operation;
(b)
industrial zones;
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(c)
regional shopping centres;
(d)
grouped dwellings;
(e)
institutional uses;
(f)
manufactured home parks; and
(g)
a second dwelling on a lot where it can be shown that a second lot could
be created and the building can be shown to meet all other
requirements.
4.18 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 4.18.1
To 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 4.18.2
It shall be the policy of Council that open storage may be prohibited in zones
where there is potential for land use conflicts.
4.19 Parking
To ensure adequate parking areas are provided for business and residential uses, parking requirements
will be regulated in the Land Use By law. Parking lots should be located and landscaped so as to lessen
their impact on streetscapes and neighbouring properties.
Policy 4.19.1
It shall be the policy of Council to include provisions in the Land Use By-law
regulating requirements for number and size of parking spaces and location,
landscaping and screening of parking lots.
Policy 4.19.2
It shall be the policy of Council that off street parking shall be provided on the
same lot as the use.
4.20 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 4.20.1
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 4.20.2
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 4.20.3
It shall be the policy of Council to regulate height of ground signs.
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Policy 4.20.4
It shall be the policy of Council to permit roof signs in any commercial or
industrial zone. It shall be the policy of Council to regulate the size of roof signs
to address potential public safety hazards and structural damage.
Policy 4.20.5
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.
4.21 Temporary and Special Uses
Temporary uses include structures associated with new construction such as construction sheds for
tools, materials or offices, or signs located on the construction site while work is proceeding. These are
considered part of construction activity, but must be removed shortly after work is completed.
?Special uses@ refers to signs, banners, display booths and other structures which are used during
special events such as elections or festivals. As with temporary construction uses, they will be permitted
on a short-term basis, but must be discontinued soon after the special event concludes.
Temporary uses also include yard sales. While occasional weekend yard sales are an accepted and
popular activity, yard sales that continue for weeks or even months can become a problem for
neighbours. These sales are considered commercial uses that will only be permitted in appropriate
zones or in accordance with the regulations for a home-based business. To control these uses, the Land
Use By-law will limit the length of time a yard sale can continue.
Policy 4.21.1
It shall be the policy of Council to permit temporary structures used in
conjunction with a construction or development project including offices,
scaffolding, signs and structures for the storage of equipment and material. No
development permit shall be required for such uses.
Policy 4.21.2
Special uses including signs, banners, display booths and other similar structures
shall be permitted in conjunction with an election, festival, celebration or other
special event. No development permit shall be required for such uses.
Policy 4.21.3
It shall be the policy of Council to consider yard sales or auctions of personal
possessions on a residential lot as temporary uses that will not require a
development permit, but must be discontinued within a reasonable time.
Policy 4.21.4
It shall be the policy of Council to include limits in the Land Use By-law on the
length of time a temporary or special use described in Policies 4.20.1, 4.20.2 and
4.20.3 can remain in place.
4.22 Utilities and Telecommunication Towers
The infrastructure required for supplying efficient utility services, whether public or private, 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 4.22.1
It shall be the policy of Council to permit utility buildings and uses under 100
square feet (9.29 square meters) in floor area in any zone.
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Since towers create a greater visual impact, Council wishes to direct the location of wireless
telecommunication towers to industrial, resource or agricultural lands in West Hants. At this time, there
are two self support towers on Ivey Lane in the Joint Industrial Park, as well as several guyed wire
towers throughout the Municipality, including at Hants Border and Ellershouse. 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. 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 4.22.2
It shall be the policy of Council to encourage the location of wireless
telecommunication towers in Industrial, Resource and Agricultural designations
and to include requirements for fencing, landscaping and co location of towers
and related buildings in the Land Use By law.
4.23 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.
Policy 4.23.1
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 habitat and to limit environmental impacts such as
siltation. This control shall be accomplished by establishing a minimum
separation distance from watercourses.
The many lakes and streams in West Hants are highly valued by residents for both passive and active
recreation. It is important that future generations continue to have access to this resource.
Policy 4.23.2
It shall be the policy of Council to prevent development from eliminating public
access to lakes and rivers in West Hants. This will be accomplished either by the
acceptance of waterfront land given under the parkland dedication provisions of
the West Hants Subdivision By-law or by the purchase of such lands with the
money collected in lieu of land dedication.
4.24 Wind Turbines
Amended by file #24-01 - effective January 24, 2025
Wind energy systems are a clean, renewable source of electric power. Residential-scale wind turbines
will be permitted in most zones, subject to lot size, setback and height requirements.
Utility-scale wind turbines have a rated production capacity greater than 100 kW. Much larger than
those used for residential energy generation, utility-scale turbines may have towers ranging from 165 to
430 feet (50 to 131 meters) in height, for a total turbine height of up to 709 feet (216 meters). These
large wind turbines may be used in wind farms, where a number of turbines feed electricity directly into
the utility grid, or as stand-alone installations. Permanent installations, including the establishment of
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wind farms, will be considered only by development agreement. Where these facilities have a
production rating of two megawatts or more, they are also subject to the Nova Scotia Environmental
Assessment Regulations as a Class I Undertaking. Most wind farms also require a federal Environmental
Assessment under the Canadian Environmental Assessment Act (CEAA).
Policy 4.24.1
It shall be the intention of Council to include provisions in the Land Use By-law
distinguishing between small wind turbines for residential or small business use,
which are intended primarily to reduce on-site consumption of utility power, and
large or utility-scale wind turbines with a production capacity greater than 100
kW.
Policy 4.24.2
It shall be the intention of Council to include standards in the Land Use By-law
for the development of small wind turbines including minimum lot size, setback,
height and similar requirements to ensure public safety and minimize the
potential for land use conflicts.
Policy 4.24.3
Removed by amendment file #24-01 - effective January 24, 2025.
Policy 4.24.4
It shall be the policy of Council to consider the development of permanent or
long-term installations of large wind turbines or wind farms outside the Growth
Centre, Village and Hamlet designations by development agreement, having
regard to the following (amended by file #24-01 - effective January 24, 2025):
(a)
any required provincial and/or federal government environmental
assessment processes have been completed;
(b)
adequate separation distances are maintained from adjacent land uses
to minimize impacts of noise and shadow and to ensure public safety,
but installations shall not be required to have separation distances from
a dwelling that exceed the greater of;
(i)
four times the wind turbine height; and
(ii)
the distance required to ensure that
a. sound levels from the wind turbine do not exceed 40 dBA at
the exterior of a residential dwelling, and
b. a residential dwelling receives less than 30 minutes per day
or 30 hours per year of shadow flicker;
(c)
safe roadway access can be provided;
(d)
any other matter which may be addressed in a development agreement;
and
(e)
Policy 16.3.1.
4.25 Licensed Cannabis Uses
On October 17, 2018 the Federal government legalized the use of recreational cannabis in Canada. As of
that date, in addition to the ability to produce cannabis for personal use, property owners can apply to
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Health Canada to obtain licenses to cultivate, produce and perform testing on cannabis for commercial
and academic purposes. Currently there are seven (7) licenses available through Health Canada:
-
Standard Cultivation license
-
Standard Processing license
-
Micro-Cultivation license
-
Micro-Processing license
-
Nursery license
-
Analytical Testing license
-
Research license
For the purposes of the Municipal Planning Strategy and Land Use By-law, these licenses will be
discussed as "licensed cannabis land uses".
Council wishes to encourage legal cannabis cultivation and processing in West Hants. Council considers
Standard Cultivation and Processing to be industrial in nature due to the size of facilities, the amount of
power necessary for production and the security requirements established by Health Canada. Council
considers small-scale (i.e. micro) cannabis cultivation and processing compatible with agricultural and
industrial uses.
As a result, it shall be the policy of Council to:
Policy 4.25.1
Permit Analytical Testing and Research of cannabis in all zones as a use
accessory to any licensed cannabis land use.
Policy 4.25.2
Permit Analytical Testing and Research of cannabis in the Institutional (I) Zone.
Policy 4.25.3
Consider Standard Cultivation and Processing of cannabis as an industrial land
use.
Policy 4.25.4
Permit Micro-Cultivation, Micro-Processing and Nurseries for cannabis in any
zone in which Standard Cultivation and Processing is a listed permitted use.
Policy 4.25.5
Include Micro-Cultivation of cannabis in the definition of Agricultural Use.
Policy 4.25.6
Include Micro-Processing of cannabis and cannabis nurseries in the definition of
Agricultural Support Use.
Policy 4.25.7
Permit Cannabis nurseries in the Rural Commercial (RC) zone.
Policy 4.25.8
Require specific setback requirements for licensed cannabis land uses to reduce
the impact of noise and odour on nearby uses.
(Amendment 18-08 effective November 26, 2019)
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5.0
GROWTH CENTRE
5.1
General Policies
This Strategy encourages most of the future non-rural growth in West Hants to occur in designated
Growth Centres where municipal services, particularly water and sewer, can be provided more
efficiently and economically. The Growth Centres offer commercial, industrial and institutional services
to the surrounding area and have a higher concentration of population. Three Mile Plains and Falmouth
have been designated as Growth Centres under this Strategy.
The Three Mile Plains Growth Centre will include both commercial and residential development. The
majority of existing commercial development is in the Garlands Crossing area (the junction of Highway 1
and Highway 14). It is expected that this area will continue to attract businesses because of its proximity
to Highway 101. Outside of this commercial core, there is a significant amount of residential
development and vacant land with potential for development.
New development in the Falmouth Growth Centre will be mainly residential. Falmouth has a smaller
commercial area concentrated on Highway 1 between the Avon River Bridge and the Highway 101
connector. In addition, there are several businesses outside the commercial core.
The boundaries of both Growth Centres represent defined servicing limits, based on the Municipality's
ability to provide water and sewer services and the desire to encourage a concentrated development
pattern that makes efficient use of these services. Council=s intent is that over time, most land within
the boundaries will be fully serviced. Policies of this Strategy will help to achieve that aim by ensuring
that land is not consumed by unserviced development requiring large lots and extensive road frontage.
This type of development makes it difficult to achieve the densities necessary to make servicing feasible
and can block the orderly provision of services. The Growth Centre boundaries will not be expanded
until most of the existing serviceable land has been developed, or where it can be demonstrated that
there is no available land within the boundaries that is suitable to accommodate proposed serviced
development. Municipal water and sewer services will not be provided outside the Falmouth and Three
Mile Plains Growth Centres, and the Windsor-West Hants Joint Industrial Park.
Policy 5.1.1
It shall be the policy of Council to encourage more concentrated residential and
commercial development in the designated Growth Centres.
Policy 5.1.2
It shall be the intention of Council that the majority of new development in the
Growth Centres will be serviced with both municipal water and sewer services.
Policy 5.1.3
It shall be the policy of Council that within the Growth Centres, future residential
development on new public streets shall be serviced with both municipal water
and sewer. New residential development using on-site sewage disposal systems
shall be permitted only on existing public streets in areas which are not serviced
with municipal sewer services.
Policy 5.1.4
It shall be the policy of Council that municipal sewer and water services will not
be extended beyond the boundaries of the Falmouth and Three Mile Plains
Growth Centres and the Windsor-West Hants Joint Industrial Park.
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As part of the Plan Review leading up to the adoption of this Strategy, the boundaries of the Three Mile
Plains Growth Centre and the former Falmouth Planning Area were examined to determine whether the
two areas contained sufficient land to accommodate anticipated future growth. That review concluded
there was an ample supply of land and the boundaries have therefore remained largely unchanged.
Policy 5.1.5
It shall be the intention of Council to monitor development within the Growth
Centres to ensure that sufficient land is available to accommodate desired future
growth.
Policy 5.1.6
It shall be the policy of Council to consider expanding the boundaries of the
Growth Centres subject to the following criteria:
(a)
the expansion is necessary to accommodate proposed serviced
development;
(b)
it is clearly demonstrated that existing serviceable land within the
Growth Centre is unsuitable or unavailable for the development;
(c)
the expanded area is capable of being serviced by both municipal water
and sewer services; and
(d)
the Municipality is financially capable of providing the necessary
services.
Policy 5.1.7
It shall be the policy of Council not to consider expanding the boundaries of the
Growth Centres where the proposed development is unserviced or serviced only
with water.
5.2
Residential Development - General
The Residential designation in the Growth Centres is
intended to accommodate residential development
in the immediate future. Figure 4 shows the number
of new dwelling units built in the Falmouth and Three
Mile Plains Growth Centres during the 10 years
between 1997 and 2006. In that time, 168 new units
were built in Falmouth and 141 new units were built
in the Three Mile Plains area.
Infill development which uses existing water, sewer
and streets in both Falmouth and Three Mile Plains
will be encouraged. It is the intention of Council to
include policies in this Strategy that allow for some flexibility in development standards to promote this
type of development. More traditional residential subdivision on new municipal public streets will also
be permitted. It is expected that the new residential development will consist of a variety of housing
types, either as-of-right or by development agreement. To facilitate this, several residential zones will be
created which allow for a range of densities within the Residential designation. (as amended by File #23-21
effective May 13, 2025)
Figure 4 - New Dwellings Units, 1997-2006
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Policy 5.2.1
It shall be the policy of Council to establish a Residential designation within the
Growth Centres as shown on the Generalized Future Land Use Map (Map 1)
where a variety of residential uses and densities may be considered.
Policy 5.2.2
It shall be the policy of Council to encourage the development of a variety of low
and medium density housing types in Growth Centres. (as amended by File #23-21
effective May 13, 2025)
Policy 5.2.3
Notwithstanding Policy 5.2.2, it shall be the policy of Council to allow for higher
density residential development, subject to the relevant polices of this Strategy,
in areas where such development is compatible with adjacent uses.
Policy 5.2.4
It shall be the policy of Council to stack the residential zones, allowing lower
density development in the higher density residential zones.
5.3
Three Mile Plains Growth Centre - Residential Policies
A range of housing types and densities is considered appropriate for the Three Mile Plains Growth
Centre. To allow for this, three residential zones will be applied: Low Density Residential; Medium
Density Residential; and High Density Residential. (as amended by File #23-21 effective May 13, 2025)
The majority of residential land in the Three Mile Plains Growth Centre will be zoned Low Density
Residential (R-1) which permits a range of low density residential forms.
Low Density Residential
(as amended by File #23-21 effective May 13, 2025)
The Low Density Residential (R-1) zone will apply to areas in the Three Mile Plains Growth Centre which
were zoned Single Unit Residential (R-1) and Two-Unit Residential (R-2) under the previous Land Use By
law. In addition, land may be rezoned from resource and other uses to R 1, provided the property can be
serviced with municipal water and sewer. (as amended by File #23-21 effective May 13, 2025)
Policy 5.3.1
It shall be the policy of Council to establish a Low Density Residential (R-1) zone
which will permit dwellings containing up to four units and manufactured
homes. (Amendment File # 20-27 effective September 14, 2021) (as amended by File #23-21
effective May 13, 2025)
Policy 5.3.2
It shall be the policy of Council to consider rezoning land within the Three Mile
Plains Growth Centre to Single Unit Residential (R-1) subject to the following (as
amended by File #23-21 effective May 13, 2025):
(a)
the area to be rezoned is serviced, or is capable of being serviced, with
municipal water and sewer; (Amendment WHMPS 14-01 Effective January 22,
2015)
(b)
the proposed use will not conflict with adjacent existing uses;
(c)
any other matter which may be addressed in a Land Use By-law; and
(d)
Policy 16.3.1.
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Medium Density Residential
(as amended by File #23-21 effective May 13, 2025)
The Medium Density Residential (R 2) zone permits dwellings up to six units, in addition to mini homes
and uses permitted in the Low Density Residential (R-1) zone. Council may consider rezoning additional
land to Medium Density (R-2) as demand requires. (as amended by File #23-21 effective May 13, 2025)
Policy 5.3.3
It shall be the policy of Council to establish a Medium Density Residential (R-2)
zone which will permit dwellings containing up to six units. (as amended by File #23-
21 effective May 13, 2025)
Policy 5.3.4
It shall be the policy of Council to consider rezoning land within the Three Mile
Plains Growth Centre to R 2 subject to the following:
(a)
the area to be rezoned is serviced, or is capable of being serviced, with
municipal water and sewer; (Amendment WHMPS 14-01 Effective January 22,
2015)
(b)
the proposed use will not conflict with adjacent existing uses;
(c)
any other matter which may be addressed in a Land Use By-law; and
(d)
Policy 16.3.1.
High Density Residential
(as amended by File #23-21 effective May 13, 2025)
High Density residential development is to be encouraged in appropriate areas of the Three Mile Plains
Growth Centre where municipal services are available. New high density under three storeys in height
will be considered through rezoning. Since building height is sometimes an issue for neighbours,
multiple unit dwellings with more than three storeys will be considered only by development
agreement, allowing Council more control over details of the development. Council also wishes to
closely control the development of grouped dwellings; therefore, these projects also will be considered
by development agreement.
Policy 5.3.5
It shall be the policy of Council to encourage the efficient use of existing
municipal infrastructure such as water, sewer and streets within the Three Mile
Plains Growth Centre by allowing for the development of high density dwellings
where such development is compatible with adjacent uses.
Policy 5.3.6
It shall be the policy of Council to establish a High Density Residential (R-3) zone
which will allow for dwellings of up to twelve units, boarding or rooming houses,
residential care facilities and uses permitted in the R-1 and R-2 zones. (Amendment
WHMPS 14-01 Effective January 22, 2015) (as amended by File #23-21 effective May 13, 2025)
Policy 5.3.7
It shall be the policy of Council to consider rezoning land within the Three Mile
Plains Growth Centre to R-3 subject to the following (as amended by File #23-21
effective May 13, 2025):
(a)
the lot is serviced, or is capable of being serviced, with municipal water
and sewer; (Amendment WHMPS 14-01 Effective January 22, 2015)
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(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; a traffic impact study may be required in
accordance with Section 14.6 of this Strategy;
(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.
To allow Council more control over the development of high density buildings over three storeys in
height or containing more than 12 dwelling units, these proposals will be considered only by
development agreement.
Policy 5.3.8
It shall be the policy of Council to consider high density residential development
greater than three storeys in height or containing more than twelve dwelling
units in the Three Mile Plains Growth Centre by development agreement subject
to the following (as amended by File #23-21 effective May 13, 2025):
(a)
the development has frontage on an arterial or collector street
designated on the Transportation Map (Map 2) if it consists of more
than 12 units;
(b)
the side yards are at least one half the height of the building;
(c)
adequate landscaping, screening and buffering is provided to minimize
the impact of building height on adjacent properties;
(d)
the specific requirements for multiple unit development set out in Policy
5.3.7;
(e)
any other matter which may be addressed in a development agreement;
and
(f)
Policy 16.3.1.
Manufactured Home Parks
Well-designed and properly maintained manufactured home parks can be an asset to the community
and provide additional housing options for retired people, "empty nesters" and first time home buyers.
Mobile homes and mini homes may represent a more affordable form of housing, particularly in
manufactured home parks where spaces are leased rather than owned.
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Policy 5.3.9
It shall be the policy of Council that new manufactured home parks will be
considered by development agreement in the Growth Centres subject to the
following:
(a)
the development is compatible with surrounding land uses with respect
to traffic generation, population density and similar matters;
(b)
the development has direct access to a collector or arterial street shown
on the Transportation Map (Map 2);
(c)
the development is serviced with or is capable of being serviced, with
municipal water and sewer; (Amendment WHMPS 14-01 Effective January 22,
2015)
(d)
the dimensions of the individual manufactured home spaces are
adequate, using the Manufactured Home Park (MHP) zone standards as
a guide, to allow for the proper siting of the homes;
(e)
adequate screening, buffers, fencing and landscaping are provided to
minimize the impact of the development on surrounding land uses;
(f)
a minimum of 10 percent of the total area of the park shall be devoted
to parks, playgrounds and other useable recreational space, except that
Council may consider reducing the required recreational space by up to
five percent when the dimensions of the individual home spaces are
substantially larger than the zone standard;
(g)
adequate provision is made for the ongoing maintenance of the
manufactured home park;
(h)
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; a traffic impact study may be required in
accordance with Section 14.6 of this Strategy;
(i)
the application is accompanied by:
(i)
photo plans or drawings showing the exterior design of the
proposed manufactured homes;
(ii)
a site plan drawn to scale showing: internal vehicular and
pedestrian circulation systems including access points to public
streets; manufactured home spaces; open space and
recreational areas including a description of any proposed
recreational use(s); buffering, fencing and landscaping; parking
areas; and accessory buildings including waste and recycling
storage facilities; and
(iii)
any other information deemed necessary;
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37 | P a g e
(j)
any other matter which may be addressed by development agreement;
and
(k)
Policy 16.3.1.
Grouped Dwellings
Council wishes to provide increased flexibility in development requirements to allow for alternative
housing trends and forms. Council is particularly interested in facilitating development that
accommodates the needs of an aging population, including allowing for a range of housing types as part
of a complex. Grouped dwellings, which may consist of a number of single or two unit dwellings,
townhouses or apartment buildings on a single lot, are a form of multiple residential development. This
type of development differs from conventional subdivision and development where individual lots are
created and only one main building whether a single home or an apartment building Cis permitted on
each lot. In addition, cluster developments, where buildings are concentrated in specific areas of the
site, can reduce servicing costs and mean there is more land available for recreation and open space or
for protection of wildlife habitat and sensitive environmental features. To adequately control the scale
and design of such developments, they will be considered by development agreement. To ensure that
this process is not used for situations where a property owner wishes to place a second or third dwelling
on a lot without subdividing, Council intends to restrict grouped dwelling development to medium or
larger scale proposals exhibiting comprehensive site planning and design.
Policy 5.3.10
It shall be the policy of Council to consider development of grouped dwellings
consisting of six or more dwelling units in the Three Mile Plains Growth Centre by
development agreement subject to the following:
(a)
the development has frontage on:
(i)
a public street; or
(ii)
a right-of-way clearly granted by deed or easement, unrestricted
(b)
where access to the development is by a right-of-way as specified in
clause (a)(ii), the street along such right-of-way shall be designed by a
professional engineer, who is a member in good standing of the
Association of Professional Engineers of Nova Scotia and who carries
appropriate professional liability insurance, who will certify that the
design and construction of the street are adequate to accommodate the
traffic generated by the development and access by emergency
protection vehicles. Street design and construction plans shall be subject
to review by the Municipal Engineer;
(c)
building clusters are located so as to conserve existing natural features
of the site;
(d)
the specific requirements for multiple unit development set out in
clauses (b) to (h) of Policy 5.3.7;
(e)
the application is accompanied by:
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38 | P a g e
(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)
other supporting maps showing the topography of the lot
including contours at five meter intervals, and significant natural
features such as watercourses, wetlands and unique habitat or
vegetation; and
(iii)
photo examples, plans or drawings showing the exterior design
of the proposed buildings;
(f)
any other matter which may be addressed by development agreement;
and
(g)
Policy 16.3.1
5.4
Falmouth Growth Centre - Residential Policies
Falmouth has developed as a significant residential community consisting mainly of single unit dwellings.
For this reason, only two residential zones are available for development as-of-right in Falmouth: Low
Density Residential (R-1) and Medium Density Residential (R-2). The Low Density (R-1) zone will apply to
the majority of the residential land in Falmouth. Proposals for Medium Density (R-2) development will
be considered through rezoning. (as amended by File #23-21 effective May 13, 2025)
Low Density Residential
(as amended by File #23-21 effective May 13, 2025)
Policy 5.4.1
It shall be the policy of Council to apply the Low Density Residential (R 1) zone, as
established by Policy 5.3.1, to the majority of the residential and within the
Residential designation of the Falmouth Growth Centre.
Policy 5.4.2
It shall be the policy of Council to consider rezoning land within the Falmouth
Growth Centre to Low Density Residential (R 1) subject to the following:
(a)
the area to be rezoned is serviced, or is capable of being serviced, with
municipal water and sewer; (Amendment WHMPS 14-01 Effective January 22,
2015)
(b)
the proposed use will not conflict with adjacent existing uses;
(c)
any other matter which may be addressed in a Land Use By law; and
(d)
Policy 16.3.1.
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39 | P a g e
Medium Density Residential
(as amended by File #23-21 effective May 13, 2025)
As most local streets in Falmouth have developed as single unit dwelling neighbourhoods, rezoning to
Medium Density Residential (R-2) will be considered only on properties fronting on collector or arterial
roads. The Medium Density Residential (R-2) zone permits single, two unit and multiple unit dwellings,
as well as mini homes. (as amended by File #23-21 effective May 13, 2025)
Policy 5.4.3
It shall be the policy of Council to consider rezoning land within the Falmouth
Growth Centre to Medium Density Residential (R-2) subject to the following:
(a)
the area to be rezoned has frontage on a collector or arterial street;
(b)
the area to be rezoned is serviced, or is capable of being serviced, by
municipal water and sewer; (Amendment WHMPS 14-01 Effective January 22,
2015)
(c)
the proposed use will not conflict with adjacent existing uses;
(d)
any other matter which may be addressed in a Land Use By law; and
(e)
Policy 16.3.1.
High Density Residential
(as amended by File #23-21 effective May 13, 2025)
Currently, there are no properties in the Falmouth Growth Centre zoned High Density Residential (R-3).
Council acknowledges that higher density residential fosters a more affordable and energy efficient
housing choice for a diversity of residents. Therefore, future high density residential development will
be considered only in appropriate areas of the Falmouth Growth Centre where properties fronting on
arterial or collector roads and municipal services are available. Future high density residential dwellings
under three storeys in height will be considered through rezoning. To provide additional housing options
for the residents of Falmouth, proposals for multiple unit dwellings with more than twelve dwelling
units will be considered only by development agreement, subject to comprehensive site planning and
design requirements, which will allow Council more control over details of the development. (as amended
by File #23-21 effective May 13, 2025)
Policy 5.4.4
It shall be the policy of Council to encourage the efficient use of existing
municipal infrastructure such as water, sewer and streets within the Falmouth
Growth Centre by allowing for the development of high density dwellings where
such development is compatible with adjacent uses. (as amended by File #23-21
effective May 13, 2025)
Policy 5.4.5
It shall be the policy of Council to establish a High Density Residential (R-3) zone
which will allow for dwellings of up to twelve units, boarding or rooming houses,
residential care facilities and uses permitted in the R-1 and R-2 zones. (as amended
by File #23-21 effective May 13, 2025)
Policy 5.4.6
It shall be the policy of Council to consider rezoning land within the Falmouth
Growth Centre to High Density residential (R-3) subject to the following (as
amended by File #23-21 effective May 13, 2025):
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40 | P a g e
(a)
the area to be rezoned has frontage on arterial or collector street
designated on the Transportation Map (Map 2);
(b)
the area to be rezoned is serviced, or is capable of being serviced, by
municipal water and sewer;
(c)
the development is compatible with the character of the area with
respect to building scale and design, traffic generation, population
density and similar matters;
(d)
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; a traffic impact study may be required in
accordance with Section 14.6 of this Strategy;
(e)
adequate open space or recreational space is provided;
(f)
adequate on-site parking is provided;
(g)
any other matter which may be addressed in a Land Use By-law; and
(h)
Policy 16.3.1.
Policy 5.4.7
It shall be the policy of Council to consider proposals for comprehensively
designed multiple residential developments of containing more than 12 units in
the Falmouth Growth Centre by development agreement subject to the following
(as amended by File #23-21 effective May 13, 2025):
(a)
the development consists of a mix of housing types where:
(i)
a minimum of 30 percent of the total number of dwelling units
shall be single unit dwellings; and
(ii)
the remaining dwelling units may include any combination of
townhouse dwellings along with semi-detached or duplex
dwellings, provided that not more than four dwelling units shall
be permitted per building or attached structure;
(b)
the property:
(i)
is at least 25 acres (10.12 ha) in size;
(ii)
is serviced, or is capable of being serviced, by both municipal water and
sewer; and (Amendment WHMPS 14-01 Effective January 22, 2015)
(iii)
has frontage on an arterial or collector street designated on the
Transportation Map (Map 2);
(c)
the development exhibits comprehensive site planning and design with an
emphasis on the conservation of significant natural features of the site, provision
of open space and recreational areas, and landscaping and buffering to screen
views of the development from existing developed properties;
(d)
the gross density of the development shall not exceed 4.5 dwelling units per
acre; where the gross density exceeds 3 dwelling units per acre, at least 10
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41 | P a g e
percent of the total area of the property shall be dedicated to the Municipality
for parkland or open space purposes;
(e)
the High Density Residential (R-3) zone standards are used as a guide for
minimum lot area, frontage and yards; however, Council may consider reduced
lot requirements where the proposed development is a planned compact
community that makes efficient use of streets and municipal infrastructure;
(f)
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; a traffic impact study may be required in accordance with
Section 14.6 of this Strategy;
(g)
the development is compatible with the surrounding area in terms of building
height, scale and architectural design;
(h)
a stormwater management plan shall be submitted, satisfactory to the
Municipal Engineer, that shows the development will not adversely affect
receiving watercourses and downstream properties;
(i)
the application is accompanied by:
(i)
a site plan 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)
other supporting maps showing the topography of the lot including
contours at five meter intervals, and significant natural features such as
watercourses, wetlands and unique habitat or vegetation; and
(iii)
photo examples, plans or drawings showing the exterior design of the
proposed buildings;
(j)
any other matter which may be addressed by development agreement; and
(k)
Policy 16.3.1.
Grouped Dwellings
As in the Three Mile Plains Growth Centre, Council wants to provide increased flexibility for housing
developments in Falmouth; therefore, Council will consider proposals for grouped single and two unit
dwellings in the Falmouth Growth Centre by development agreement.
Policy 5.4.5
It shall be the policy of Council to consider proposals for grouped single and two
unit dwellings consisting of six or more units in the Falmouth Growth Centre by
development agreement subject to the criteria of Policy 5.3.10.
Manufactured Homes
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Provided they are well designed, carefully sited and properly maintained, manufactured home parks
may represent a pleasant and more affordable housing option. To ensure Council has sufficient control
over their development, manufactured home parks will be considered in the Falmouth Growth Centre
only by development agreement. Mobile homes on separate lots which are not part of a manufactured
home park will not be permitted within the Falmouth Growth Centre. Mini homes on separate lots will
be permitted in the R-2 zone.
Policy 5.4.6
It shall be the policy of Council to consider manufactured home parks in the
Falmouth Growth Centre by development agreement subject to Policy 5.3.9.
Policy 5.4.7
It shall be the policy of Council to prohibit the development of mobile homes on
separate lots which are not part of a manufactured home park in the Falmouth
Growth Centre.
5.5
Commercial Core Development
The majority of new commercial development in West Hants is to be encouraged in Growth Centres
which, in addition to being central, are serviced and have easy access to Highway 101. Given the
proximity of the Growth Centres to the Town of Windsor, a regional approach to commercial growth
should also be considered. Since Falmouth is to develop primarily as a residential Growth Centre, it is
intended that most commercial development will occur in the Three Mile Plains Growth Centre.
To minimize potential land use conflicts, as well as to promote a focal point for business activity,
commercial development will be encouraged to concentrate within designated commercial core areas in
the Growth Centres.
Policy 5.5.1
It shall be the policy of Council to establish a Commercial designation which shall
apply to central commercial core areas of the Three Mile Plains and Falmouth
Growth Centres.
The commercial core of the Three Mile Plains Growth Centre is located around the intersection of
Highway 1 and Highway 14 at Garlands Crossing, and adjacent to Highway 101. A variety of commercial
uses, including a gas station, motel, restaurants, farmer=s market and building supply store, are located
here. It is anticipated that this will continue to be an area of commercial growth because of its
proximity to Highway 101. The boundaries of the commercial core area also encompass a significant
amount of residential development. The intent is to provide for future commercial expansion in a
central area.
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Policy 5.5.2
Within the Three Mile Plains Growth Centre, the designated commercial core
area shall centre around the intersection of Highway 1 and Highway 14 at
Garlands Crossing and adjacent to Highway 101 as shown on the Generalized
Future Land Use Map (Map 1).
The commercial core of Falmouth is located along Highway 1 between the Avon River Bridge and the
Highway 101 access road. Residents have expressed the desire to strictly control commercial
development in Falmouth. Therefore, it is the intention of Council to limit the majority of new
commercial development to this core.
Policy 5.5.3
Within the Falmouth Growth Centre, the designated commercial core area shall
be the area fronting on Highway 1 from the Avon River Bridge to the Highway
101 access road as shown on the Generalized Future Land Use Map (Map 1).
The expansion of the commercial core areas may be considered when there is a demonstrated need for
additional serviced land for commercial development.
Policy 5.5.4
It shall be the intention of Council to monitor development within the
commercial core areas to ensure there is an adequate supply of land available in
the Growth Centres for commercial development. It shall be the policy of Council
to consider the expansion of the commercial core areas by amendment to this
Strategy and the Land Use By law subject to the following:
(a)
the expanded area abuts the existing commercial core and is located
within the Growth Centre boundaries;
(b)
there is a demonstrated need for additional commercial core land;
(c)
the area is serviced with municipal water and sewer;
(d)
the permitted uses for the expanded commercial core area will not
conflict with residential uses adjacent to the boundary;
(e)
the expanded area will be rezoned to either General Commercial (GC) or
Highway Commercial (HC) according to the policies set out in this
Strategy;
(f)
any other matter which may be addressed in a Land Use By law; and
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(g)
Policy 16.3.1.
Policy 5.5.5
Within the Commercial designation of the Falmouth and Three Mile Plains
Growth Centres, the majority of land will be zoned General Commercial to
encourage a commercial concentration in the commercial core areas. Existing
Highway Commercial uses will be zoned in as well as land in close proximity to
Highway 101 and major street intersections where highway commercial
development is appropriate. It shall be the policy of Council to allow for
rezoning to permit new General Commercial and Highway Commercial uses
subject to the criteria set out in Policies 5.5.8 and 5.5.11.
Policy 5.5.6
It shall be the policy of Council not to consider requests for rezoning to Highway
Commercial or General Commercial outside of the Commercial designation in the
Falmouth and Three Mile Plains Growth Centres except to allow for the
expansion of an existing Highway Commercial or General Commercial use as
specified in Policy 5.6.1.
General Commercial
General Commercial uses include businesses commonly seen in downtown commercial districts such as
retail stores, offices, banks and restaurants.
Policy 5.5.7
It shall be the policy of Council to establish a General Commercial (GC) zone that
permits a broad range of commercial uses, but does not include many of the
automobile-related uses and those which require large areas for outdoor display
which are more typical of a Highway Commercial zone. Existing residential uses,
residential uses in combination with commercial uses, and new dwellings on
existing vacant undersized lots also shall be permitted. (Amendment GC2MPS 11-01
Effective June 23, 2011)
Policy 5.5.8
It shall be the policy of Council to consider rezoning land within the Commercial
designation of the Growth Centres to General Commercial (GC) subject to the
following:
(a)
adequate buffering or screening, setbacks and yards are provided to
minimize potential land use conflicts with adjacent properties;
(b)
traffic flow and pedestrian safety will not be adversely affected;
(c)
safe and efficient roadway access is provided;
(d)
adequate on-site parking is provided;
(e)
any other matter which may be addressed in a Land Use By law; and
(f)
Policy 16.3.1.
Policy 5.5.9
It shall be the policy of Council that land zoned General Commercial (GC) within
the commercial core areas of the Growth Centres may be considered for
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Highway Commercial or Industrial uses subject to the relevant policies of this
Strategy.
Highway Commercial
Highway Commercial uses cater to the travelling public and rely on being located in higher traffic areas.
Other uses suited to this zone are those requiring a large amount of commercial floor space or outdoor
storage and display areas.
Policy 5.5.10
It shall be the policy of Council to establish a Highway Commercial (HC) zone
which permits a range of retail and service uses intended to serve the needs of
the travelling public and cater to the automobile, as well as uses requiring a
large amount of commercial floor space or outdoor storage and display areas.
Policy 5.5.11
It shall be the policy of Council to consider rezoning land within the Commercial
designation of the Growth Centres to Highway Commercial (HC) subject to the
following:
(a)
the development has frontage on an arterial or collector street;
(b)
adequate buffering or screening, setbacks and yards are provided to
minimize potential land use conflicts with adjacent properties and any
open storage and display areas are adequately controlled and screened;
(c)
traffic flow and pedestrian safety will not be adversely affected;
(d)
safe and efficient roadway access 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.
Policy 5.5.12
It shall be the policy of Council that land zoned Highway Commercial within the
commercial core areas of the Growth Centres may be considered for General
Commercial or Industrial uses subject to the relevant policies of this Strategy.
Regional Shopping Centres
Regional shopping centresCthose more than 20,000 square feet (1,858.00 square meters) in floor
areaCare intended to serve a wide geographic area. Windsor West Hants' only regional shopping centre
is Fort Edward Mall which is located within the Town of Windsor. With expectations of increased
growth in the area, there may be demand for another regional shopping centre in the future. West
Hants Council wishes to be prepared for this and able to deal with it properly when the time comes.
Because of the large scale of these developments and their effect on surrounding land uses and traffic
patterns, new regional shopping centres will be considered only by development agreement. This type
of development will be limited to the commercial core areas of the Growth Centres.
Policy 5.5.13
It shall be the policy of Council to consider new regional shopping centres by
development agreement subject to the following:
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(a)
the development is located in the Commercial designation of either the
Three Mile Plains or Falmouth Growth Centres;
(b)
the uses encompassed by the shopping centre are permitted in the
General Commercial (GC) or Highway Commercial (HC) zones;
(c)
the development has direct access to an arterial street;
(d)
adequate provision is made for parking and access;
(e)
pedestrian access and safety are addressed;
(f)
adequate buffering or screening, setbacks and yards are provided to
minimize conflict between the development and neighbouring uses with
respect to access, parking, noise and hours of operation;
(g)
the development will not conflict with neighbouring uses;
(h)
the architectural design and scale of the development is compatible with
surrounding buildings;
(i)
the building design incorporates windows and other elements in the
street level façade to avoid the appearance of solid blank walls;
(j)
landscaping is provided which reduces the visual impact of the
development on neighbouring properties, particularly with respect to
large parking lots;
(k)
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;
(l)
any other matter which may be addressed in a development agreement;
and
(m)
Policy 16.3.1.
Policy 5.5.14
It shall be the policy of Council to permit more than one main building on a lot as
part of a shopping centre complex.
Large Format Retail Stores
Large format retail stores, also known as "big box" stores, are growing in popularity. These larger stores
may have more than one tenant and often locate near highway exits. Because of their size and the
amount of traffic they can generate, new large format retail stores will be limited to the Commercial
designation of the Growth Centres or the Joint Industrial Type Three (LI 3) zone and will be considered
only through a development agreement process which allows Council more control over the
development. Since traffic is a particular concern, Council will require the submission of a traffic study
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which examines the adequacy of street networks and any potential infrastructure costs as a result of the
development.
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 square feet (464.50
square meters) to an existing large format retail store.
Policy 5.5.15
It shall be the policy of Council to consider new large format retail stores or
expansions greater than 5,000 square feet (464.50 square meters) to existing
large format retail stores by development agreement subject to the following
criteria:
(a)
the proposed development is located in the Joint Industrial Type Three
(LI 3) zone or within the Commercial designation of the Falmouth or
Three Mile Plains Growth Centres;
(b)
if located in a Growth Centre, the development has direct access to an
arterial street;
(c)
adequate provision is made for parking and access;
(d)
pedestrian access and safety are addressed;
(e)
adequate setbacks and yards shall be provided;
(f)
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;
(g)
the proposed use will not conflict with neighbouring uses;
(h)
the architectural design and scale of the proposed development is
compatible with surrounding buildings;
(i)
the building design incorporates windows and other elements in the
street level façade to avoid the appearance of solid blank walls;
(j)
landscaping is provided which reduces the visual impact of the
development on neighbouring properties, particularly with respect to
large parking lots;
(k)
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 improvement such as traffic
lights at the expense of the municipal unit(s);
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(l)
any other matter which may be addressed by development agreement;
and
(m)
Policy 16.3.1.
5.6
Commercial Development Outside the Commercial Core
Outside of the commercial core areas of the Growth Centres, new commercial development should be
carefully controlled and compatible with residential areas. Local commercial and recreation commercial
uses will be considered by development agreement, but rezoning to General Commercial or Highway
Commercial will not be permitted. Existing businesses will be zoned according to the type of
commercial use.
Policy 5.6.1
It shall be the policy of Council to zone in existing commercial uses outside the
designated Commercial core areas in Growth Centres to make them conforming
uses, provided they do not conflict with the surrounding area. Council may
consider permitting the expansion of an existing Highway Commercial or
General Commercial use onto an adjacent property by rezoning subject to the
criteria set out in Policies 5.5.8 and 5.5.11. This shall not be regarded as setting a
precedent for permitting future General or Highway Commercial uses outside of
the designated Commercial core areas.
Local Commercial
Local commercial uses are small-scale commercial operations that serve a relatively small market area
such as convenience stores, art/crafts/antique shops and personal service shops and other uses of a
purely local nature that are compatible with residential areas. Uses such as licensed day care centres,
country inns, small restaurants or cafés, offices and video stores which serve a wider market, but are
compatible with residential uses, also may be considered. Residential uses are encouraged in
conjunction with commercial uses.
Policy 5.6.2
It shall be the policy of Council to establish a Local Commercial (LC) zone and
apply that zone to existing local commercial businesses located outside the
Commercial core area of Growth Centres.
Policy 5.6.3
To ensure local commercial uses remain small-scale and compatible with
residential areas, it shall be the policy of Council to regulate commercial floor
space of these uses in the Land Use By-law.
Policy 5.6.4
It shall be the policy of Council to consider new local commercial uses in Growth
Centres outside the Commercial designation by development agreement subject
to the following provisions:
(a)
the adjacent residential area will not be adversely affected with respect
to:
(i)
traffic generation and traffic safety;
(ii)
signage;
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(iii)
hours of operation;
(iv)
size of building(s); and
(v)
pedestrian circulation and safety;
(b)
adequate on-site parking is provided;
(c)
adequate buffering or screening, setbacks and yards are provided;
(d)
maintenance of the proposed use will be satisfactory;
(e)
any other matter which may be addressed by a development
agreement; and
(f)
Policy 16.3.1.
Policy 5.6.5
It shall be the policy of Council that land zoned Local Commercial (LC) may be
considered for other uses by amendment to the Land Use By law subject to the
relevant policies of this Strategy.
Recreation Commercial
Commercial recreation facilities such as campgrounds, golf courses and other outdoor recreation uses
that are operated for profit and are not owned by a public agency will be permitted in the Growth
Centres in accordance with Section 13.3 of this Strategy.
5.7
Industrial Development
Industrial development can be divided into two categories: resource-related industries and service
industries (e.g., warehousing, light manufacturing). Generally, the former are encouraged to locate in
the appropriate resource areas while large-scale service industries should locate in an industrial park.
Smaller-scale local industries may be located throughout West Hants, particularly if they are developed
in conjunction with a residential use.
Resource Industrial
Resource-related industries usually locate where the product is being produced, whether the product is
apples, gypsum or wood products. Because many resource-based industries require large amounts of
water, locating in a Growth Centre where there is a municipal water supply may also be attractive.
Since West Hants has a strong agricultural resource base, Council wants to allow resource-related
industrial activities to continue in the Growth Centres. Because of the potential for land use conflicts,
however, new resource-related industries will be considered in Growth Centres by development
agreement so the development can be carefully controlled. Existing resource industrial uses will be
given an industrial zone to recognize their importance and long-term stability. These existing industries
will be permitted to expand by rezoning adjacent properties as required, subject to setback and
buffering requirements
Policy 5.7.1
It shall be the policy of Council to establish a Resource Industrial (M 1) zone
which shall apply to existing resource-related industrial uses in the Growth
Centres and shall permit resource industries and other light industrial uses such
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as warehousing, light manufacturing and similar uses which are not obnoxious
or offensive because of noise, vibration, odour, smoke or other emissions.
Policy 5.7.2
It shall be the policy of Council to consider new resource-related industrial uses
in the Growth Centres by development agreement subject to the following:
(a)
the use is permitted in the Resource Industrial (M 1) zone;
(b)
the use is not considered obnoxious by virtue of noise, odours, dust,
fumes or other emissions;
(c)
the development will not adversely affect adjacent land uses with
respect to:
(i)
traffic generation and traffic safety;
(ii)
hours of operation;
(iii)
noise; and
(iv)
size of building.
(d)
the development has frontage on an arterial or collector street;
(e)
safe and efficient roadway access can be provided;
(f)
adequate parking and loading areas can be provided;
(g)
adequate buffering or screening, setbacks and yards are provided to
minimize potential land use conflicts with adjacent properties;
(h)
open storage and display areas are adequately fenced or screened and
limited to the rear yard where there is potential for conflict with
adjacent non-industrial uses;
(i)
any other matter which may be addressed in a development agreement;
and
(j)
Policy 16.3.1.
Policy 5.7.3
It shall be the policy of Council to consider permitting the expansion of an
existing Resource Industrial (M-1) use onto an adjacent property by rezoning
subject to the criteria listed in Policy 5.7.2.
Local Industrial
A number of small-scale industrial uses, such as auto repair, body shops or trucking businesses, can be
found in the Growth Centres. Often these businesses start on the owner=s residential property as
backyard or weekend hobbies or sidelines, but grow into full-time occupations. Existing local industrial
uses will be recognized through zoning, but new local industrial development will be considered in
residential designations only by development agreement. Such uses will be subject to strict fencing,
buffering and size requirements to reduce conflicts with neighbouring properties.
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Policy 5.7.4
It shall be the policy of Council to establish a Local Industrial (LI) zone which
permits small-scale light industrial uses such as auto body and repair shops,
excavation and landscaping operations, transport depots and service shops, in
conjunction with a residential use.
Policy 5.7.5
It shall be the policy of Council to apply the Local Industrial (LI) zone to existing
local industrial uses in the Growth Centres.
Policy 5.7.6
It shall be the policy of Council to consider new Local Industrial uses in the
Growth Centres by development agreement subject to the following:
(a)
the use is permitted in the Local Industrial (LI) zone;
(b)
the use is not considered obnoxious by virtue of noise, odours, dust,
fumes or other emissions;
(c)
safe and efficient roadway access is provided;
(d)
adequate on-site parking is provided;
(e)
the development will not adversely affect the adjacent residential area
with respect to:
(i)
traffic generation and traffic safety;
(ii)
hours of operation;
(iii)
noise;
(iv)
size and design of building(s); and
(v)
pedestrian circulation and safety;
(f)
adequate buffering or screening, setbacks and yards are provided, and
open storage areas are adequately fenced or screened and limited to the
rear yard where there is potential for conflict with adjacent uses;
(g)
maintenance of the local industrial use will be satisfactory;
(h)
any other matter which may be addressed in a development agreement;
and
(i)
Policy 16.3.1.
Policy 5.7.7
It shall be the policy of Council that land zoned Local Industrial (LI) may be
considered for other uses by amendment to the Land Use By law subject to the
relevant provisions of this Strategy.
5.8
Institutional Development
Institutional uses, such as schools, churches, community centres and public indoor recreational facilities,
act as focal points for the Growth Centres. Homes for special care and senior citizen housing that are
operated, or licensed to operate, by the provincial government, provide a necessary service to the
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community. Existing institutional uses in the Growth Centres will be zoned in, but new ones will be
considered only by development agreement to ensure issues such as traffic, parking, noise and other
potentially negative effects on nearby properties can be carefully addressed.
Policy 5.8.1
It shall be the policy of Council to zone existing institutional uses in Growth
Centres Institutional (I). The development of new institutional uses in Growth
Centres shall be considered by development agreement pursuant to Policy
13.1.2.
Policy 5.8.2
Notwithstanding any other policies in this Strategy, PIDs 45003878 and
45222957 may be developed and used for municipally provided emergency
services. (Amendment GC2MPS 15-01 Effective October 19, 2015)
5.9
Agriculture
Active agricultural land within the Growth Centres will be zoned Agricultural Priority Three (AR-3)
pursuant to Part 8.0 of this Strategy. As the Growth Centres are intended to be the area where most
new residential and commercial development is encouraged to occur in West Hants, new intensive
livestock operations and agricultural support uses, such as abattoirs, will not be permitted since their
location could limit the potential for residential or commercial growth. Existing intensive livestock
operations will be recognized as permitted uses with the same right to continue to operate or to expand
as any other permitted use. Applications for rezoning or development agreements to allow non-farm
development will be considered in accordance with the relevant preceding policies for the Growth
Centres. In considering such an application, however, Council must take into account the potential
impact of the development on any adjacent agricultural operation.
Policy 5.9.1
It shall be the policy of Council that the agricultural zone applied to the Growth
Centres shall not permit new intensive livestock operations or agricultural
support uses as these uses could create land use conflicts which have the
potential to limit the development of Growth Centres as areas of concentrated
residential and commercial development.
Policy 5.9.2
It shall be the policy of Council that the provisions of Policy 8.10.3 shall apply to
any application for non-agricultural development on land zoned agriculture
within the Growth Centres.
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6.0
VILLAGE
The Village designation recognizes existing development areas which serve as focal points for the
surrounding countryside, but which are not expected to grow at the rate of a Growth Centre. Municipal
sewer and water services will not be provided in the Village designation. Under this Strategy, only
Brooklyn has been designated as a Village.
6.1
Brooklyn
The community of Brooklyn, 11 km east of Windsor, is centrally located at the junction of Highways 215
and 14 and is considered a service centre for the surrounding countryside. Some of the services
provided in the community include a post office, volunteer fire department, West Hants Middle School
(Grades 7 9), Brooklyn District Elementary School (Grades P 6) and Newport and District Rink, which is
one of only two rinks in the Windsor West Hants area. The community also includes several churches
and a variety of businesses such as service stations, auto body shops, convenience stores, dental and
insurance offices, a hardware and building supply store, a credit union and a feed mill.
Residents of Brooklyn value its quiet, rural atmosphere. There is interest in improving community
facilities and the overall quality of life in the community. Controlled residential and commercial
development is seen as a benefit to the area.
Policy 6.1.1
It shall be the policy of Council to designate Brooklyn as a Village as shown on
the Generalized Future Land Use Map (Map 1).
Policy 6.1.2
It shall be the policy of Council to consider expanding the boundaries of the
Village designation by amending the Municipal Planning Strategy and Land Use
By law subject to the following:
(a)
the expansion is to accommodate proposed residential, commercial,
institutional or open space development;
(b)
the proposed use is compatible with the objectives of the Village
designation and the surrounding area;
(c)
it is clearly demonstrated that land within the established Village
designation is unsuitable or unavailable for the development;
(d)
the rural integrity of the surrounding countryside will not be adversely
affected;
(e)
the proposed area abuts the existing Village boundaries;
(f)
any other matter which may be addressed in a Land Use By law; and
(g)
Policy 16.3.1.
The core area of Brooklyn, with its densely developed small lots, has experienced pollution and odour
from malfunctioning on site sewage disposal systems. In addition, as is the case in many areas of West
Hants, some residents experience inadequate water quality and supply. Over the years, at residents'=
request, the Municipality has undertaken several feasibility studies into the provision of municipal sewer
and water services in Brooklyn. In all cases, the cost was so high that it was unacceptable to the
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residents. Council will not entertain future requests for provision of municipal sewer and water services
in the Village designation.
Policy 6.1.3
It shall be the policy of Council that municipal sewer and water services will not
be provided in the Village designation.
6.2
Residential Development
Single family dwellings are the most common type of
housing in Brooklyn, although there are a few buildings
containing apartments in the core area. Between 1997 and
2006, 28 new dwelling units were created in Brooklyn.
Figure 5 shows the breakdown of new residential
construction by year.
It is the feeling of Council, based in part on the 2002 Plan
Review Survey, that one and two unit dwellings should
remain the most common type of housing in Brooklyn. In
the previous Area One Municipal Planning Strategy and
Land Use By law, only the Hazelwood Drive and Lakewood Drive areas were zoned Single Unit
Residential (R-1) under the previous Land Use By-law. The new Low Density Residential (R-1) zoning will
be maintained for these areas and applied to the remainder of residential land outside the core area
that were zoned Two Unit Residential (R-2) under the previous Land Use By-law. Although the Low
Density Residential (R-1) zone permits up to four units, dwellings with three or more units will not be
permitted as-of-right in Brooklyn due to the lack of municipal sewer and water. (as amended by File #23-21
effective May 13, 2025)
Policy 6.2.1
It shall be the policy of Council to apply Low Density Residential (R-1) zoning to
Brooklyn which were zoned R-1 and R-2 in the former Area One Land Use By-law.
(as amended by File #23-21 effective May 13, 2025)
Policy 6.2.2
It shall be the policy of Council to consider rezoning land within the Village
designation to Low Density Residential (R-1) subject to the following (as amended
by File #23-21 effective May 13, 2025):
(a)
the proposed use will not conflict with adjacent existing uses;
(b)
any other matter which may be addressed in a Land Use By law; and
(c)
Policy 16.3.1.
To provide additional housing options for the residents of Brooklyn, proposals for grouped dwellings will
be considered by development agreement. In consideration of the existing development pattern in the
Village, stand-alone multiple unit dwellings and grouped single, two and multiple unit dwellings will only
be considered by development agreement. Whether treated as condominium units or as rentals, these
types of developments are becoming more popular with seniors and others who do not want the
responsibility of maintaining large yards or properties. Applications must exhibit comprehensive site
planning with close attention paid to preserving natural features of the site and ensuring the design and
scale of the development is compatible with the rural Village character. (Amendment WHMPS 16-01 Effective
September 26, 2016)
Figure 5 - Brooklyn New Dwelling Units, 1997-2006
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Policy 6.2.4
It shall be the policy of Council to consider proposals for stand-alone multiple
unit and grouped single, two and multiple unit dwellings consisting of three or
more units in the Village designation by development agreement subject to the
following: (Amendment WHMPS 16-01 Effective September 26, 2016)
(a)
the development fronts on an arterial street or has direct access to an
arterial street;
(b)
the proposed overall density of the development does not exceed one
dwelling unit per acre;
(c)
the minimum distance between main buildings is 20 feet (6.10 meters);
(d)
adequate open space or recreational areas are provided;
(e)
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; a traffic impact study may be required in
accordance with Section 14.6 of this Strategy;
(f)
building clusters are located so as to conserve existing natural features
of the site;
(g)
the lot is capable of supporting private central or on-site sewage
disposal systems, and an adequate potable water supply is available;
(h)
adequate emergency protection services, including fire, police and
ambulance, can be provided;
(i)
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)
other supporting maps showing the topography of the lot
including contours at five meter intervals, and significant natural
features such as watercourses, wetlands and unique habitat or
vegetation; and
(iii)
photo examples, plans or drawings showing the exterior design
of the proposed buildings;
(j)
any other matter which may be addressed in a development agreement;
and
(k)
Policy 16.3.1.
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6.3
Village Core
Over the years, Brooklyn has retained its characteristic village core which contains a dense
concentration of commercial, residential and institutional or service uses. The village core is clearly
identifiable and centres around the village monument at the intersection of Highways 14 and 215.
Council wishes to recognize this area as the centre for business and service activity in Brooklyn and to
encourage the retention of existing businesses, as well as the development of new commercial uses.
The village core contains a large residential component, including many historically significant houses.
New commercial development should be compatible with neighbouring residential uses and consistent
with the rural village character. Therefore, small scale local commercial uses such as specialty shops,
country inns, arts and crafts studios and similar uses will be encouraged by applying a Local Commercial
zone to the majority of land within the village core. Council will also consider larger scale businesses,
provided they are compatible with neighbouring uses and consistent with the objectives of the Village.
To ensure close control over the development and ongoing operation of these businesses, General
Commercial and Highway Commercial uses will be considered on a case by case basis by development
agreement. Existing General Commercial and Highway Commercial uses will be zoned in.
Policy 6.3.1
It shall be the policy of Council to designate a Village Core and to encourage
commercial uses to locate in this area.
Policy 6.3.2
It shall be the policy of Council to apply the Local Commercial (LC) zone to the
majority of land within the Village Core and to regulate the commercial floor
area for Local Commercial uses to ensure businesses are compatible with
neighbouring residential uses and in character with the village atmosphere.
Policy 6.3.3
It shall be the policy of Council to zone in existing General Commercial (GC) and
Highway Commercial (HC) uses in the Village Core.
Policy 6.3.4
It shall be the policy of Council to consider new General Commercial (GC) or
Highway Commercial (HC) uses in the Village Core by development agreement
subject to the following:
(a)
the development has frontage on an arterial street;
(b)
safe and efficient roadway access is provided;
(c)
adequate on site parking is provided;
(d)
the development will not adversely affect the rural village character of
the Core area with respect to:
(i)
traffic generation and traffic safety;
(ii)
hours of operation;
(iii)
noise;
(iv)
size and design of building(s); and
(v)
pedestrian circulation and safety;
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(e)
adequate buffering or screening, setbacks and yards are provided;
(f)
the proposed use is not one which, because of its size or nature, would
be more appropriately located in a Growth Centre;
(g)
maintenance of the development will be satisfactory;
(h)
any other matter which may be addressed in a development agreement;
and
(i)
Policy 16.3.1.
6.4
Commercial Uses Outside the Village Core
Outside the Village Core where lots are generally larger, Highway Commercial and General Commercial
development will be considered through either a rezoning process for small businesses or a
development agreement for larger businesses.
Policy 6.4.1
It shall be the policy of Council to zone in existing commercial uses outside of the
Village Core.
Policy 6.4.2
It shall be the policy of Council to consider rezoning land outside the Village Core
to allow new General Commercial (GC) or Highway Commercial (HC) uses with a
commercial floor area not greater than 5,000 square feet (464.50 square
meters) subject to the following:
(a)
the development has frontage on an arterial street;
(b)
safe and efficient roadway access is provided;
(c)
adequate on site parking is provided;
(d)
the development is compatible with adjacent land uses with respect to:
(i)
traffic generation and traffic safety;
(ii)
hours of operation;
(iii)
noise;
(iv)
size and design of building(s);
(v)
pedestrian circulation and safety;
(e)
the rural character of the area will not be adversely affected;
(f)
adequate buffering or screening, setbacks and yards are provided;
(g)
any other matter which may be addressed in a Land Use By law; and
(h)
Policy 16.3.1.
Policy 6.4.3
It shall be the policy of Council to consider new commercial uses over 5,000
square feet (464.50 square meters) in commercial floor area outside the Village
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Core by development agreement subject to the criteria listed in Policy 6.4.2 and
the following:
(a)
the proposed use is permitted in the General Commercial (GC) or
Highway Commercial (HC) zones;
(b)
the proposed use is not one which, because of its size or nature, would
be more appropriately located in a Growth Centre;
(c)
maintenance of the proposed use will be satisfactory; and
(d)
any other matter which may be addressed in a development agreement
6.5
Industrial
Since the core area of Brooklyn is quite small and there are few large, undeveloped lots, new industrial
uses will not be permitted in the Village Core. Outside the core, however, Council wishes to allow for the
development of small scale local industrial uses, provided they are operated in conjunction with a
residential use and closely controlled to ensure they remain compatible. Therefore, Council will consider
new local industrial uses outside the Village Core on arterial streets by development agreement.
Existing industrial uses in Brooklyn will be zoned according to their use and will be permitted to continue
to operate and expand, if desired, subject to the zone requirements.
Policy 6.5.1
It shall be the policy of Council to zone in existing industrial uses in the Village.
Policy 6.5.2
It shall be the policy of Council to consider new Local Industrial (LI) uses outside
the Village Core by development agreement subject to the following:
(a)
the development has frontage on an arterial street; and
(b)
the criteria listed in Policy 5.7.6.
6.6
Institutional
There are several existing institutional uses in Brooklyn including churches, two schools, a fire hall and a
rink. These public uses serve some of the social, cultural and physical needs of the residents of Brooklyn
and the surrounding area. Council also wishes to provide for the development of institutional uses such
as senior citizen homes and homes for special care. As in the Growth Centres, new institutional uses will
be considered by development agreement so traffic and parking problems, as well as other negative
effects on nearby properties, are minimized.
Policy 6.6.1
It shall be the policy of Council to zone existing institutional uses in the Village
designation as Institutional (I). The development of new institutional uses in the
Village shall be considered by development agreement pursuant to Policy 13.1.2.
Policy 6.6.2
It shall be the policy of Council that land zoned Institutional (I) in the Village
designation may be considered for other uses subject to the relevant policies of
this Strategy.
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6.7
Recreation Commercial
New commercial recreation uses may be considered outside the Village Core by development
agreement pursuant to Policy 13.3.2.
Policy 6.7.1
It shall be the policy of Council to consider new recreation commercial uses only
on properties located outside the Village Core by development agreement
pursuant to Policy 13.3.2.
6.8
Agriculture
Active agricultural land within the Village will be zoned Agricultural Priority Three (AR-3) pursuant to
Part 8.0 of this Strategy. As the Village is intended to be a rural focal point for residential and
commercial development, new intensive livestock operations and agricultural support uses, such as
abattoirs, will not be permitted since their location could limit the potential for residential or
commercial growth. Existing intensive livestock operations will be recognized as permitted uses with
the same right to continue to operate or to expand as any other permitted use. Applications for
rezoning or development agreements to allow non-farm development will be considered in accordance
with the relevant preceding policies for the Village. In considering such an application, however, Council
must take into account the potential impact of the development on any adjacent agricultural operation.
Policy 6.8.1
It shall be the policy of Council that the agricultural zone applied to the Village
shall not permit new intensive livestock operations or agricultural support uses
as these uses could create land use conflicts which have the potential to limit the
development of the Village as a rural focal point for residential and commercial
development.
Policy 6.8.2
It shall be the policy of Council that the provisions of Policy 8.10.3 shall apply to
any application for non-agricultural development on land zoned agriculture
within the Village.
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7.0
HAMLET
Hamlets are small centres of development with a concentrated component which may include
community services such as churches, schools, community halls and small businesses. It is not intended
that Hamlets will grow as rapidly as the Growth Centres or Village, but they should provide a limited
amount of housing for people seeking a rural living environment near farms and resource industries. The
retention of the rural nature of these communities is important.
Eleven Hamlets are designated in West Hants. The Hamlets of Newport Station, St. Croix, Ellershouse,
Newport Corner and Ardoise Cameron Lake line Highway 1 from Three Mile Plains to the Municipality of
East Hants boundary. In addition, the communities of Wentworth Creek, Gypsum Mines Sweets Corner
and Newport Landing are designated as Hamlets. This Strategy also identifies three new Hamlets:
Summerville, Cheverie and Mount Denson.
Newport Station
The Newport Station Hamlet includes Newport Station District Elementary School, a church and
community hall, as well as a variety of commercial uses.
St. Croix
The Hamlet of St. Croix is located east of Newport Station and includes the St. Croix Recreation Site, a
major municipal recreation facility noted for its international-calibre softball fields. St. Croix also has a
variety of other community uses including a community hall, church and post office.
Ellershouse
Ellershouse takes in the area east of Highway 101's Exit 4. The majority of development in this Hamlet is
along Ellershouse Road and Highway 1. There are a significant number of buildings of historic interest, as
well as a church, post office, community hall and several businesses.
Newport Corner
The Newport Corner Hamlet begins at the intersection of Highway 1 and Highway 215 and extends north
along Highway 215 and Lynch Road to the boundary of the Village of Brooklyn. In addition to a
community hall, Newport Corner has a golf course.
ArdoiseBCameron Lake
The area around Highway 1 from Newport Corner to the East Hants boundary, including Collier Road and
Ardoise School Road, is designated as the ArdoiseBCameron Lake Hamlet. The Hamlet includes a
church, community hall and campground. This is one of the few Hamlets with existing cottage
development on private roads adjacent to Cameron Lake.
Wentworth Creek
Wentworth Creek extends along Wentworth Road from the Windsor town boundary to the Fundy
Gypsum Wentworth Creek mine site. Because of the proximity to Windsor, homes in Wentworth Creek
are connected to municipal water services. At this time, development in Wentworth Creek is either
residential or agricultural.
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Gypsum MinesBSweets Corner
The Gypsum MinesBSweets Corner Hamlet centres around the intersection of Highway 14 and
Wentworth Road. In addition to several commercial uses, there are two churches and a community hall
in the Hamlet.
Newport Landing
Newport Landing was a significant shipbuilding community in the time of sail. Today, the Hamlet boasts
several houses of historic interest and is home to the Avon River Heritage Museum which has a small
restaurant. A church and community hall are also located in the community.
Mount Denson
The Hamlet of Mount Denson abuts the Hantsport town boundary. Its proximity to a Highway 101
access means development pressure is likely to increase as the Highway 101 twinning project proceeds.
The Hamlet includes a church, community hall, West Hants Ground Search and Rescue and several
home-based businesses, as well as cottage development on existing private roads leading to the Avon
River.
Summerville
The Hamlet of Summerville is located on Highway 215, taking in the area from Nunn Road to Block
Wharf Road. This community has several businesses including an art gallery, restaurant and funeral
home, as well as a church, a fire department, a post office and an elementary school.
Cheverie
The Cheverie Hamlet is located on Highway 215 between Shipyard Road and Wharf Road. This small
Hamlet has a church as well as a convenience store and several home based businesses.
Council wishes to direct most of the concentrated residential growth in more rural parts of West Hants
to Hamlets, leaving land outside these areas for resource use. For this reason, all land within the
Hamlets will be designated Hamlet and several zones will be established to guide specific development.
Policy 7.0.1
It shall be the policy of Council to create the following Hamlets as shown on the
GFLUM (Map 1) and to designate all land within the boundaries as Hamlet:
ArdoiseBCameron Lake
Cheverie
Ellershouse
Gypsum Mines Sweets Corner
Mount Denson
Newport Corner
Newport Landing
Newport Station
St. Croix
Summerville
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Wentworth Creek
Policy 7.0.2
It shall be the policy of Council that new Hamlets may be considered or existing
Hamlets expanded by amendment to the Municipal Planning Strategy and Land
Use By law provided the development objectives of Hamlets are maintained.
Policy 7.0.3
It shall be the policy of Council that municipal services in Hamlets shall include
only those provided throughout the entire Municipality such as garbage
collection and protective services. Municipal water and sewer services will not
be provided (refer to Policy 5.1.6).
Three HamletsCNewport Station, Mount Denson and Wentworth CreekCeither abut or are within
proximity to the existing serviced areas. Over time, as the Growth Centres infill, additional land may be
required for serviced development and consideration may be given to extending the Growth Centre
boundaries into former Hamlets. At that time, municipal water and sewer services may be extended to
these areas if the costs are feasible.
7.1
Residential Development
To maintain the rural nature of Hamlets, only low density residential development, to a maximum of
two units, will be permitted as-of-right. The Rural Residential zone will be the only residential zone to
apply within Hamlets. Land zoned for other uses may be considered for rezoning to Rural Residential.
As in the Village designation, Council wishes to provide for additional housing options for residents of
Hamlets, particularly seniors; therefore, proposals for stand-alone multiple unit dwellings and cluster
developments of grouped single, two and multiple unit dwellings will be considered by development
agreement. Applications must exhibit comprehensive site planning with close attention paid to
preserving natural features of the site and ensuring the design and scale of the development is
compatible with a rural area. (Amendment WHMPS 16-01 Effective September 26, 2016)
Policy 7.1.1
It shall be the policy of Council to establish a Rural Residential (R 4) zone which
will apply to the majority of land within the Hamlet boundaries. The R-4 zone will
permit one and two unit dwellings, manufactured homes, and existing
community uses such as churches, community centres, fire halls, schools and
post offices.
Policy 7.1.2
It shall be the policy of Council to consider rezoning land within Hamlets to Rural
Residential (R-4) subject to the following:
(a)
the proposed use will not conflict with adjacent existing uses;
(b)
any other matter which may be addressed in a Land Use By-law;
(c)
Policy 16.3.1.
Policy 7.1.3
It shall be the policy of Council to consider proposals for stand-alone multiple
unit dwellings, grouped single, two and multiple unit dwellings consisting of
three or more units in Hamlets by development agreement subject to the criteria
listed in Policy 6.2.4. (Amendment WHMPS 16-01 Effective September 26, 2016)
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Policy 7.1.4
It shall be the policy of Council not to permit multiple unit residential
development in Hamlets, except as provided in Policy 7.1.3. and within
repurposed churches in the Rural Residential (R4) zone. (Amendment WHMPS 23-45
Effective May 21, 2024)
7.2
Commercial and Industrial Development
A Rural Commercial zone will apply to Hamlets and resource areas permitting a range of uses which
provide a necessary service to local residents, as well as limited highway commercial and tourist
commercial uses. Some size limitations will apply to ensure that commercial development in Hamlets
remains compatible with rural residential uses, but the limits will not be as restrictive as those applied to
home-based businesses. The intent is to allow opportunities for rural economic development in
Hamlets, while encouraging larger, more urban commercial uses to concentrate in the Village or Growth
Centres.
A Hamlet Industrial zone will apply only to the Hamlets. Similar to the Rural Commercial zone, the
Hamlet Industrial zone is intended to allow industrial development that provides a service to local
residents, is a resource-related industry, or is operated in conjunction with a residential use. Because
the Hamlets are rural areas where, traditionally, small industrial uses ranging from auto body repair to
saw mills have been an accepted part of rural life, the zone will allow for a broader range of uses than
those permitted in the Local Industrial zone of the Village or Growth Centres. To minimize conflicts
with neighbouring residential uses, larger lot sizes and setbacks, fencing or landscaping, and controls
over open storage will be implemented.
Existing commercial or industrial uses in Hamlets will be zoned in. New uses will be considered by
rezoning.
Policy 7.2.1
It shall be the policy of Council to establish a Rural Commercial (RC) zone which
will apply to Hamlets and resource areas and permit a variety of commercial
uses intended to provide a service to local residents, as well as limited highway
commercial and tourist commercial uses. Residential uses will be permitted in
conjunction with a commercial use.
Policy 7.2.2
It shall be the policy of Council to establish a Hamlet Industrial (M-2) zone which
will permit local and resource-based industrial uses and residential uses in
conjunction with an industrial use.
Policy 7.2.3
It shall be the policy of Council that no commercial or industrial zone other than
Rural Commercial (RC) and Hamlet Industrial (M-2) will be considered in
Hamlets.
Policy 7.2.4
Notwithstanding Policy 7.2.3, existing Recreation Commercial uses in Hamlets
shall be zoned in. New Recreation Commercial uses may be considered by
development agreement subject to Policy 13.3.2, provided the Hamlet
development objectives are maintained.
Policy 7.2.5
It shall be the policy of Council to establish a maximum commercial floor area in
the Rural Commercial (RC) zone to ensure commercial uses remain compatible
with rural residential and resource uses.
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Policy 7.2.6
It shall be the policy of Council to consider rezoning land in Hamlets to allow new
Rural Commercial (RC) or Hamlet Industrial (M-2) uses subject to the following:
(a)
the proposed use:
(i)
is intended to provide a service to local residents, or is a tourist
commercial use;
(ii)
is a resource-based activity; or
(iii)
is operated in conjunction with a residential use;
(b)
the proposed use is not considered obnoxious by virtue of noise, odours,
dust, fumes or other emissions;
(c)
safe and efficient roadway access is provided;
(d)
adequate on site parking is provided;
(e)
the development is compatible with adjacent land uses with respect to:
(i)
traffic generation and traffic safety;
(ii)
hours of operation;
(iii)
size and design of building(s);
(iv)
signage; and
(v)
pedestrian circulation and safety;
(f)
adequate buffering or screening, setbacks and yards are provided;
(g)
any other matter which may be addressed in a Land Use By law; and
(h)
Policy 16.3.1.
Policy 7.2.7
It shall be the policy of Council to consider amending the Land Use By law to add
new uses to the permitted uses in the Rural Commercial (RC) or Hamlet
Industrial (M-2) zones subject to the following:
(a)
the objectives of the Hamlet designation are maintained;
(b)
the proposed use is:
(i)
intended to provide a service to local residents;
(ii)
a resource-based activity; or
(iii)
operated in conjunction with a residential use;
(c)
the proposed use is compatible with rural residential and resource uses;
(d)
adequate controls exist in the Land Use By-law over landscaping and
screening, especially of open storage;
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(e)
any other matter which may be addressed in a Land Use By law; and
(f)
Policy 16.3.1.
7.3
Institutional Development
Existing institutional uses in Hamlets such as schools, churches, community centres and fire halls will be
recognized as existing permitted uses within the Rural Residential zone. Council also wishes to provide
for the development of institutional uses such as senior citizen homes and homes for special care. New
institutional uses will be considered by development agreement to ensure close control over traffic,
parking, noise and other potentially negative impacts on neighbouring properties.
Policy 7.3.1
It shall be the policy of Council to recognize existing institutional uses such as
schools, churches, community centres and fire halls as existing permitted uses in
the Rural Residential (R-4) zone. Development of new institutional uses in the
Hamlets shall be considered by development agreement pursuant to Policy
13.1.2.
7.4
Agriculture
Active agricultural land in the Hamlets will be zoned Agricultural Priority Three (AR-3) pursuant to Part
8.0 of this Strategy. Like the Growth Centres and Village, the Hamlets are intended to be centres for
residential development, although the Hamlets offer a more rural living environment. To avoid
potential conflict with residential development, new intensive livestock operations and agricultural
support uses will not be permitted in the AR-3 zone in Hamlets. Existing intensive livestock operations
will be permitted. Requests for rezoning or development agreements to allow non-farm development
will be considered in accordance with the relevant preceding policies for the Hamlets. In considering
any such application, however, Council must take into account the potential impact of the development
on any adjacent agricultural operation
Policy 7.4.1
It shall be the policy of Council that the agricultural zone applied to Hamlets
shall not permit new intensive livestock operations or agricultural support uses
as these uses could create land use conflicts which have the potential to limit the
development of the Hamlets as centres for rural residential development.
Policy 7.4.2
It shall be the policy of Council that the provisions of Policy 8.10.3 shall apply to
any application for non-agricultural development on land zoned agriculture
within the Hamlets.
(Amendment WHMPS 14-01 Effective January 22, 2015)
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8.0
AGRICULTURE
8.1
Introduction
Agriculture is an important industry in West Hants, representing the fourth largest employment sector.
According to the 1996 Census, 565 people in West Hants were employed in the agricultural industry. Of
the 130 farms in West Hants with more than $2,500 of gross annual receipts, the most common type
was beef (49 farms), followed by miscellaneous specialty such as mink or sheep farms (27), and dairy
(15).
Across Canada, the face of agriculture is changing as fewer, larger farms are producing more agricultural
products. In Windsor West Hants , the total number of farms has decreased by 75 percent since 1956.
Between 1996 and 2001 alone, the number of farms dropped by 19 percent, from 189 to 153. At the
same time, however, the size of farms grew. In 2001, the average farm in Windsor-West Hants was 229
acres, an increase of 46 percent over the average size in 1956 (157 acres). But although individual farms
are getting larger, as a whole, Windsor-West Hants is losing agricultural land. The total amount of
farmland has decreased by 64 percent since 1956 and by 13 percent, from 40,435 acres to 35,084 acres,
between 1996 and 2001. The majority of lost farmland between 1996 and 2001 was unimproved (4,083
acres), but 1,268 acres of improved land was also taken out of production.
Although the agricultural industry is facing many challenges, West Hants Council feels it is important
that active farmland and land with high potential for agricultural use be preserved for food production
for future generations.
Land with high potential for agricultural use has been identified using the Canada Land Inventory (C.L.I.)
Land Capability for Agriculture classification system. Under this system, Class 1 applies to the best
agricultural land, while Class 7 refers to land with no agricultural value. There is no Class 1 land
anywhere in Nova Scotia, but there are significant areas of Class 2 and 3 land in the central and northern
parts of West Hants particularly around the Avon, Kennetcook, Cogmagun and St. Croix rivers. In all,
approximately 91,000 acres in West Hants is rated as C.L.I. Class 2 and 3. Because less than 50 percent
of this land is cleared, there is considerable potential for future expansion of agricultural activities.
To a large extent, the location of active farms in West Hants mirrors the location of C.L.I. Class 2 and 3
land. Small pockets of active agricultural land can be found along Highway 215 north of the Cogmagun
River; however, most of the active farmland in West Hants is located near the centre of the Municipality
from the Kennetcook River to the Highway 101 corridor, as well as along the Avon River. This is the
same area where a substantial proportion of the new residential development in West Hants has
occurred over the past ten years.
Non-farm development in agricultural areas can result in land use conflicts that make it difficult or
impossible to carry on farm operations. Complaints about farm activities commonly relate to odour,
drift of dust and pesticides, noise from livestock or farm machinery, rodents, flies and escaped livestock.
To counteract this, Council feels it is important that agricultural zoning not be applied in a scattered
fashion only to individual farms. Instead, the zoning should take in entire districts where there is a
concentration of active farms and land with high potential for agricultural production. This means that
1Statistics Canada=s Agricultural Census uses combined data for the Town of Windsor and the Municipality of the District of West Hants.
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agricultural zoning districts will include small residential lots as well as large farm parcels. Often
conflicts between residential and farm uses arise, not with the first owner of a residential property in a
farming area, but with subsequent owners who may not be fully aware of the consequences of living
near an active farm. Creating agricultural districts which include these residential properties will help to
put new residential land owners on notice that they will be living in a farming area and must accept the
consequences of doing so.
In previous Municipal Planning Strategies and Land Use By laws, most of the agricultural land in the
former Area One and Upper Falmouth planning areas was protected by a variety of land use, subdivision
and lot size controls. Farmland in Areas Two and Three had no agricultural protection. In this Strategy,
the agricultural designation will apply to land with the highest capability for agriculture (C.L.I. Class 2, 3
and 4) and areas with active farms, including the previously unzoned areas.
8.2
General Policies
Policy 8.2.1
It shall be the policy of Council to establish an Agriculture designation which
shall apply to the majority of active farmland and Canada Land Inventory Class
2, 3 and 4 agricultural land in West Hants outside the Growth Centre, Village
and Hamlet designations as shown on the Generalized Future Land Use Map
(Map 1).
Policy 8.2.2
It shall be the policy of Council that the primary purpose of the Agriculture
designation is to preserve active farmland and land with high potential for
agriculture in West Hants. Within the Agriculture designation, agricultural
activity shall be considered the dominant use, having priority over all other uses.
Non agricultural development shall be encouraged to locate in areas less
suitable for agricultural purposes.
Policy 8.2.3
It shall be the policy of Council to encourage and support, through provisions of
the Land Use By law, the continued operation of existing farms and agricultural
activities in West Hants.
Policy 8.2.4
It shall be the policy of Council that uses in the Agriculture designation shall
primarily be restricted to agricultural operations devoted to the production for
sale of farm products which may include but are not necessarily limited to:
(a)
the growing and harvesting of crops such as vegetables, fruits, field
crops, berries, trees, maple syrup, mushrooms, flowers and landscaping
materials, and may include:
(i)
the erection and use of greenhouses, nurseries and wineries;
(ii)
woodlots and forestry uses;
(b)
the raising of livestock such as cattle, horses, poultry, swine, sheep,
rabbits, goats, emus, llamas, fur-bearing animals, game animals, game
birds and honey bees, and may include:
(i)
the production of eggs, cream and milk;
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(ii)
breeding and boarding kennels for dogs, cats or other domestic
pets;
(iii)
riding stables;
(c)
the marketing of agricultural products produced on the farm property at
an accessory farm sales outlet;
(d)
the process at a farm necessary to prepare a farm product for
distribution including cleaning, grading, storage and packaging;
(e)
the clearing, draining, levelling, irrigating or cultivating of land;
(f)
the application of fertilizers, soil conditioners, pest control products or
other agricultural inputs;
(g)
the storage, disposal or use of compost and livestock-generated waste
for farm purposes (but does not include biosolid waste); and
(h)
the operation of agricultural machinery and equipment.
Policy 8.2.5
It shall be the policy of Council to adopt standards in the Land Use By law
regarding:
(a)
separation distances between agricultural and non agricultural uses;
(b)
livestock operations; and
(c)
manure storage facilities.
Policy 8.2.6
It shall be the policy of Council to adopt standards in the Subdivision By-law
regarding the subdivision of agricultural land.
Policy 8.2.7
It shall be the policy of Council to allow more than one main building on a lot in
an agricultural zone where the main building is not a residential dwelling.
8.3
New Roads
The development of new roads in agricultural areas leads to the fragmentation of agricultural land,
making it less viable for farming. Since it is the intention of Council to preserve agricultural land for
present and future agricultural use, Council will not permit the creation of new roads for development
purposes in areas zoned for agriculture. Where a development involving new roads is proposed, Council
may consider a rezoning or development agreement application pursuant to the relevant policies of this
Strategy.
Policy 8.3.1
It shall be the policy of Council that no new public streets or private roads shall
be permitted in any agricultural zone.
8.4
Removal of Topsoil
Agricultural operations involving crop production, including pasture for livestock, are dependent upon
the presence of fertile, productive topsoil. The removal of topsoil from farmland changes the land=s
capability to support agricultural operations. Drainage patterns may also be affected, further limiting
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agricultural use. Prohibiting the removal of soils is necessary to preserve the agricultural resource of
West Hants.
Policy 8.4.1
It shall be the policy of Council to prohibit the removal of topsoil from land in any
agricultural zone 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.
8.5
Livestock Operations
The type and number of livestock involved in a farm operation can affect the intensity of odour, noise or
potential pollution through runoff from manure storage or livestock buildings. Establishing separation
distances between livestock operations and non-farm development, wells and watercourses can help to
mitigate or avoid problems. Separation distances can work in two ways. First, they can help ensure new
livestock operations are located a sufficient distance away from existing residential or other non-farm
uses to avoid causing problems for those uses. Second, they can ensure new non-farm development is
not located so close as to affect the ability of an existing farm to carry on necessary activities.
Policy 8.5.1
It shall be the intention of Council to establish definitions and regulations in the
Land Use By-law distinguishing between intensive and non-intensive livestock
operations based on the number of livestock (animal units) involved.
Policy 8.5.2
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
operations, including separation distances from watercourses, wells and
adjacent non-farm buildings, zones or uses. Conversely, new non-farm
development shall be required to maintain sufficient distance from existing
intensive livestock operations.
Policy 8.5.3
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 8.5.4
It shall be the intention of Council to include provisions in the Land Use By-law
allowing the Development Officer to reduce certain separation distances for new
and existing intensive livestock operations with fewer than 300 animal units,
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 8.5.5
It shall be the intention of Council to require intensive livestock operations with
more than 300 animal units to meet the standard setbacks and separation
distance requirements of the Land Use By law.
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8.6
Determination of Agricultural Capability
Because of the scale at which it was prepared, the C.L.I. mapping, upon which the Agricultural
designation is based, is generalized and there may be pockets of land with higher or lower capability
ratings. Council feels it is important to provide an opportunity, through a Land Use By-law amendment
or development agreement process, for owners of land with little or no agricultural capability to use
their property for certain non-farm development, provided the development will not interfere with
adjacent farm activities or negatively affect the viability of the farming area. Property owners will be
required to show that the majority of the development site is unsuitable for agriculture and the
development will not adversely affect other farms in the area.
Policy 8.6.1
It shall be the policy of Council to consider certain non-farm development,
pursuant to the relevant specific policies of this Part, on land within the
Agricultural designation that has been determined to have little or no
agricultural capability. A determination of agricultural capability shall be based
on the following:
(a)
90 percent or more of the development site is an existing or abandoned
resource extraction site such as a sand pit, gravel pit or quarry for which
a permit for extraction has been issued by the Province of Nova Scotia.
The resource extraction must have been existing or abandoned prior to
the effective date of this Strategy; or
(b)
if not a resource extraction site, a study has been prepared by a
professional agrologist, at the expense of the applicant, which concludes
that the proposed development will not adversely affect the viability of
surrounding agricultural operations and:
(i)
90 percent or more of the development site has soils defined as
Class 4 or lower capability for agriculture; or
(ii)
the soils have a capability for agriculture rating better than
Class 4, but 90 percent or more of the development site exhibits
severe limitations for agricultural use because of slope,
stoniness, salinity, wetness, permeability, depth of soils, size of
parcel or proximity to non-farm buildings;
(c)
the study shall:
(i)
be prepared by a registered full member of the Nova Scotia
Institute of Agrologists;
(ii)
require a site inspection by the agrologist;
(iii)
specify the method used, consistent with the C.L.I. classification
methodology, to determine soil capability for agriculture;
(iv)
identify any major site features or characteristics which
influence or determine soil capability including, but not limited
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to, slope, soil texture, stoniness, wetness, salinity, permeability,
and depth of soils;
(v)
include a site plan illustrating the area studied and any relevant
site features;
(vi)
identify reasons why the use would be compatible with, or not
adversely affect, area farms. Reference should be made to the
following where applicable: site and locational constraints;
infilling between existing non-farm development; logical
extension of existing non-farm development; special use with
special locational requirements; current pattern of development;
parcel size and shape; surrounding land uses; context within
which the parcel fits into the farming area; viability of the parcel
and remnant for farming; and existing, past and future use of
the parcel and remnant;
(vii)
indicate the implications of letting the parcel go out of
agricultural production; and
(viii)
indicate the implications of fragmenting the land.
8.7
Agriculture Zones
Three agriculture zones will apply to all agriculturally designated land in West Hants, as well as to active
farmland in the Growth Centres, Village and Hamlets. It is intended that the Prime Agriculture (P/Ag)
zone have the most stringent control on non-agricultural development, with the level of control
gradually decreasing for Agricultural Priorities 2 to 3. The main criteria for the zones are outlined below:
Prime
Agriculture
Improved land with high capability (Class 2 and 3) for production of a variety of crops. This land will be
reserved primarily for long-term agricultural production with the most restrictions on non-agricultural
development.
Agricultural
Priority Two
Improved and unimproved land with high capability (Class 2 and 3) for production of a variety of crops.
This land will be reserved for agricultural production with limited non-agricultural development.
Agricultural
Priority Three
Agricultural land with a lower productive capability (Class 4) and active agricultural land in the Growth
Centres, Village and Hamlets. Controlled non-agricultural development will be permitted.
8.8
Prime Agriculture Zone
At the request of the Upper Falmouth farming community, the West Hants Council adopted the Upper
Falmouth Municipal Planning Strategy and Land Use By-law in 1989. This Strategy focused almost
entirely on the preservation of the agricultural resources of Upper Falmouth, an area with a
concentration of active farms, soils of the highest agricultural capability (Class 2 and 3) and dykeland. It
established a Prime Agriculture zone which allowed few non farm uses and placed strict controls on the
subdivision of agricultural land. The farmers in Upper Falmouth wish to see these stringent restrictions
continue in this Strategy. For this reason, a Prime Agriculture (P/Ag) zone will apply to the area
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previously zoned Prime Agriculture under the Upper Falmouth Land Use By-law. The zone may also be
applied to other areas of West Hants where land owners desire a similar level of protection for their
farmland.
Policy 8.8.1
It shall be the policy of Council to establish a Prime Agriculture (P/Ag) zone
which is intended to include land with the highest capability for agriculture
(Canada Land Inventory Class 2 and 3) and active farms.
Policy 8.8.2
It shall be the intention of Council to apply the Prime Agriculture (P/Ag) zone to
agricultural land in Upper Falmouth which was zoned Prime Agriculture under
the former Upper Falmouth Land Use By-law. The zone may also be applied to
other agricultural areas of West Hants where the land owners desire a strong
level of protection for their farmland.
Policy 8.8.3
It shall be the policy of Council to permit agricultural uses, forestry and forestry-
related uses, single unit dwellings accessory to an ongoing agricultural
operation, existing dwellings, and existing churches and community centres in
the Prime Agriculture (P/Ag) zone.
Non-Farm Development
Non farm development in the Prime Agriculture (P/Ag) zone will be strictly controlled. An important
aspect of this control is the requirement that new residential uses will be permitted only as part of an
ongoing agricultural operation and not as the main use on a property. The one exception is existing
undersized lots where a single unit dwelling may be permitted as the main use. Subdivision of land is
discouraged through a large minimum lot size requirement. Council may consider rezoning to allow
residential development or open space uses provided the land is proven to be of little capability for
agriculture and agricultural operations in the entire district will not be adversely affected. Limited
commercial uses that supply a service to the farm community, such as small convenience stores, vehicle
or machinery repair shops, personal service shops, sales of farm equipment and supplies and similar
uses, may be considered by development agreement on existing undersized lots where the land is
proven to be unsuitable for agricultural use.
Policy 8.8.4
Notwithstanding Policy 8.8.3, it shall be the policy of Council that in the Prime
Agriculture (P/Ag) zone, a single unit dwelling may be permitted as a main use
(i.e., other than accessory to an agricultural operation) where the lot existed on
or before April 11, 1989 (the effective date of the former Upper Falmouth
Municipal Planning Strategy and Land Use By-law) and the lot is 6 acres (2.43
ha) or less in size.
Policy 8.8.5
It shall be the policy of Council to consider rezoning land zoned Prime Agriculture
(P/Ag) to allow new Rural Residential (R-4) or Open Space (OS) uses subject to
the following:
(a)
the development site has been determined to have little or no
agricultural capability in accordance with Policy 8.6.1;
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(b)
adequate separation distances are provided to minimize potential land
use conflicts;
(c)
the proposed use is compatible with adjacent land uses;
(d)
the proposed use will not adversely affect other farms in the area; and
(e)
Policy 16.3.1.
Policy 8.8.6
It shall be the policy of Council to consider permitting small-scale commercial
uses that provide a service to the local community in the Prime Agriculture
(P/Ag) zone by development agreement subject to the following:
(a)
the proposed use is a community service use such as a convenience
store, a personal service shop, a vehicle or machinery repair shop, retail
sale of farm equipment and supplies, an agricultural support use, or
similar use;
(b)
the lot is 6 acres (2.43 ha) or less in size and existed on or before April
11, 1989;
(c)
the development site has been determined to have little or no
agricultural capability in accordance with Policy 8.6.1;
(d)
adequate separation distances are provided to minimize potential land
use conflicts and, in particular, the proposed building or structure is
located a minimum of 500 feet (152.40 meters) from a structure housing
an existing intensive livestock operation;
(e)
safe and efficient roadway access is provided;
(f)
adequate on-site parking is provided;
(g)
the use is compatible with adjacent land uses with respect to:
(i)
traffic generation and traffic safety;
(ii)
hours of operation;
(iii)
storage and advertising; and
(iv)
commercial floor area or size of building(s).
(h)
the proposed use will not adversely affect other farms in the
area; and
(i)
Policy 16.3.1.
(Amendment WHMPS 14-01 Effective January 22, 2015)
Policy 8.8.7
Notwithstanding Policies 8.8.5 and 8.8.6, in the Prime Agriculture (P/Ag) zone,
no development agreement shall be approved and no property shall be rezoned
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where the proposed development may compromise or adversely affect the
operation or integrity of existing agricultural operations.
Subdivision
The creation of small lots encourages non farm development and reduces the viability of the land for
agricultural purposes. Subdivision in the Prime Agriculture (P/Ag) zone will be controlled by the
following policies in addition to the West Hants Subdivision By law.
Policy 8.8.8
It shall be the policy of Council that, except as otherwise provided in Policies
8.8.4 and 8.8.9, the minimum lot area in the Prime Agriculture (P/Ag) zone shall
be 25 acres (10.12 ha).
Policy 8.8.9
It shall be the policy of Council to permit the creation of a lot having a minimum
of 5 acres (2.02 ha) in area in the Prime Agriculture (P/Ag) zone where the only
permitted use shall be agricultural operations, not to include residential
dwellings. The remainder must be a minimum of 25 acres (10.12 ha) in area.
8.9
Agricultural Priority Two Zone
The Agricultural Priority Two (AR 2) zone is intended to apply to areas with high capability for
agriculture, but where land owners do not want the strict development controls of the Prime Agriculture
(P/Ag) zone. The AR-2 zone allows for more flexibility than the P/Ag zone including a wider scope of on-
farm businesses by development agreement. Unlike the P/Ag zone, new dwellings are permitted as a
main use, although subdivision is limited to two lots per area of land in a calendar year.
Policy 8.9.1
It shall be the policy of Council to establish an Agricultural Priority Two (AR 2)
zone which is intended to apply to land with the highest capability for
agriculture (Class 2 and 3 soils as defined in the C.L.I.). The zone may include
non-active and unimproved land as well as active farms. Land of lower capability
rating for agriculture also may be included where it is actively farmed or
adjacent to active farmland. The zone will be used in areas where the strictest
controls of the Prime Agriculture zone are not acceptable to the land owners.
Policy 8.9.2
It shall be the policy of Council to permit agricultural uses, agricultural support
uses, single and two unit dwellings, manufactured homes, forestry and forestry-
related uses, churches, community centres and fire halls in the AR 2 zone.
Non-Farm Development
More extensive residential development beyond the two lots per calendar year permitted as-of-right
may be considered by rezoning, provided the land is proven to be unsuitable for agriculture. Council
may also consider non resource commercial or industrial development in the AR 2 zone by development
agreement, subject to a study showing the land is of low agricultural capability.
Policy 8.9.3
It shall be the policy of Council to consider rezoning land zoned AR 2 to Rural
Residential (R-4) subject to the following:
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(a)
the development site has been determined to have little or no
agricultural capability in accordance with Policy 8.6.1;
(b)
the proposed development will not compromise or adversely affect the
operation or integrity of existing agricultural operations;
(c)
the predominant agricultural character of the area will not be adversely
affected and the proposed development is compatible with the area in
terms of such matters as density, scale and traffic generation;
(d)
adequate separation distances and buffering between agricultural and
non agricultural uses can be provided;
(e)
any other matter which may be addressed in a Land Use By law; and
(f)
Policy 16.3.1.
Policy 8.9.4
It shall be the intention of Council to consider new non resource Rural
Commercial (RC), Recreation Commercial (RecC), Resource Industrial (M-1) or
Open Space (OS) uses in the AR 2 zone by development agreement subject to the
following:
(a)
the development site has been determined to have little or no
agricultural capability in accordance with Policy 8.6.1;
(b)
the proposed use will not compromise or adversely affect the operation
or integrity of existing agricultural operations;
(c)
the predominant agricultural character of the area will not be adversely
affected;
(d)
adequate separation distances and buffering between agricultural and non
agricultural uses can be provided;
(e)
the use is not one which, because of its size or nature, would be more
appropriately located in a Growth Centre, Village or Hamlet;
(f)
safe and efficient roadway access is provided;
(g)
adequate on-site parking is provided;
(h)
the development is compatible with adjacent land uses with respect to:
(i)
traffic generation and traffic safety;
(ii)
hours of operation;
(iii)
size and design of building(s);
(iv)
signage; and
(v)
pedestrian circulation and safety;
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(i)
any other matter which may be addressed in a development agreement;
(j)
Policy 16.3.1.
Subdivision
To discourage subdivision and residential development of farmland, subdivision will be limited to two
lots out of a parcel of land per calendar year.
Policy 8.9.5
It shall be the policy of Council that subdivision of land in the AR 2 zone shall be
limited to the creation of two lots per area of land in a calendar year, with
frontage on an existing public street. This policy shall not prevent the
consolidation of two or more parcels.
8.10 Agriculture Priority Three Zone
The Agricultural Priority Three (AR 3) zone includes agricultural land with a lower productive capability
(Class 4), as well as active agricultural land in the Growth Centres, Village and Hamlets. The least
stringent of the agricultural zones, the AR 3 zone has no limit on the number of lots that can be
subdivided on existing public streets. Land zoned AR-3 within the Growth Centres, Village or Hamlets
may be considered for non-farm residential, commercial or industrial use subject to the relevant Growth
Centre, Village and Hamlet policies. Outside the Growth Centre, Village and Hamlet designations, land
zoned AR-3 may be considered for residential development by rezoning, while non resource commercial
and industrial development and on farm businesses may be considered by development agreement.
Unlike the other agricultural zones, there is no requirement for a study proving the land is unsuitable for
agriculture, although Council must consider the potential impact of the proposed development on any
adjacent agricultural operations.
Policy 8.10.1
It shall be the policy of Council to establish an Agricultural Priority Three (AR 3)
zone which is intended to include land with a lower productive capability for
agriculture (Class 4), although pockets of land with a higher C.L.I. rating may
also be included. The zone will also apply to active agricultural operations in the
Growth Centres, Village and Hamlets.
Policy 8.10.2
It shall be the policy of Council to permit agricultural uses, agricultural support
uses, single and two unit dwellings, manufactured homes, forestry and forestry-
related uses, churches, community centres and fire halls in the AR 3 zone.
Non-Farm Development in Growth Centres, Villages, and Hamlets
Policy 8.10.3
Land zoned AR 3 in the Growth Centre, Village and Hamlet designations may be
considered for non-agricultural development subject to the relevant Growth
Centre, Village or Hamlet policies, provided that no development agreement or
rezoning shall be approved where the development will adversely affect adjacent
existing agricultural operations.
Non-Farm Developments in Agriculture Designation
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Policy 8.10.4
It shall be the intention of Council to consider rezoning AR 3 lands in the
Agriculture designation outside the Growth Centres, Village and Hamlets to
Rural Residential (R-4) subject to the following:
(a)
the proposed use will not compromise or adversely affect the operation
or integrity of existing agricultural operations;
(b)
the predominant agricultural character of the area will not be adversely
affected and the proposed development is compatible with the area in
terms of such matters as density, scale and traffic generation;
(c)
adequate separation distances and buffering between agricultural and
non agricultural uses can be provided;
(d)
not more than 25 acres (10.12 ha) shall be rezoned;
(e)
any other matter which may be addressed in a Land Use By law; and
(f)
Policy 16.3.1.
Policy 8.10.5
It shall be the intention of Council to consider new non resource Rural
Commercial (RC), Recreation Commercial (RecC), Resource Industrial (M-1) or
Open Space (OS) uses in AR 3 zones outside the Growth Centre, Village and
Hamlet designations by development agreement subject to the following:
(a)
the proposed use will not compromise or adversely affect the operation
or integrity of existing agricultural operations
(b)
the predominant agricultural character of the area will not be adversely
affected;
(c)
adequate separation distances and buffering between agricultural and
non agricultural uses can be provided;
(d)
the use is not one which, because of its size or nature, would be more
appropriately located in a Growth Centre, Village or Hamlet;
(e)
safe and efficient roadway access is provided;
(f)
adequate on-site parking is provided;
(g)
the development is compatible with adjacent land uses with respect to:
(i)
traffic generation and traffic safety;
(ii)
hours of operation;
(iii)
size and design of building(s);
(iv)
signage; and
(v)
pedestrian circulation and safety
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(h)
any other matter that may be addressed in a development agreement;
and
(i)
Policy 16.3.1.
(Amendment WHMPS 14-01 Effective January 22, 2015)
8.11 On-Farm Businesses
Council recognizes that a sustainable agriculture industry today requires a diversified economic
approach. Smaller farms, in particular, are facing the need to diversify their operations. For some, this
may be something as simple as a roadside stand or farm market from which to sell vegetables or other
produce grown on the farm, but for others, it may mean supplementing the sale of produce with value
added products, craft items, or other products brought in from off the farm. Some type of food
serviceCranging from snacks to complete mealsCis often part of these businesses. Other farmers provide
farm vacations, with bed and breakfast accommodation in the farmhouse, or cabins on the farm
property. Wineries typically offer wine sampling, but in addition, many have restaurants. These types of
businesses, which attract visitors to farming areas, are sometimes referred to as "agri tourism".
Council wishes to allow for on farm businesses in conjunction with farm operations in the Agricultural
Priority Two and Three zones, provided those businesses remain subordinate to the main agricultural
use of the property, will not adversely affect adjacent farm operations, and will not consume large areas
of high capability agricultural land. On farm businesses may include agri tourism uses, as well as home-
based businesses that wish to expand beyond the size limitations set by the Land Use By law, or other
businesses such as service shops that may not fit within the definition of home-based business. In all
cases, however, these uses should be subordinate to the main agricultural use of the property.
Motocross tracks or other off-highway vehicle courses are not commonly thought of as businesses
associated with farm operations; however, the Municipality has been approached by at least one farm
operator who is interested in establishing this type of business. Council wishes to provide as much
flexibility as possible for farms which are struggling to survive and feels that this type of use, if it is to
locate anywhere in West Hants, is probably best suited to resource or agricultural properties which have
the large land base needed to provide buffering from noise and other impacts. Development
agreements for these uses will contain conditions regulating hours of operation, landscaping and
buffering, parking and access, and separation distances from adjacent residential development.
Policy 8.11.1
It shall be the policy of Council to consider permitting the following on farm
businesses as part of an ongoing farm operation in the Agricultural Priority Two
(AR 2) and Agricultural Priority Three (AR 3) zones by development agreement:
(a)
agri tourism uses such as:
(i)
lodging, consisting of not more than six cabins or rental units;
(ii)
restaurants;
(iii)
interpretive centres or museums; and
(iv)
meeting or reception rooms accessory to (i), (ii) or (iii);
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(b)
farm markets that do not meet the as of right requirements for
agricultural uses because of the amount of produce, crafts or other
products that have been brought in for sale from off the farm property;
and
(c)
small scale businesses similar to home-based businesses, but which may
not meet the as of right requirements for a home-based business
because of the size or nature of the business.
Policy 8.11.2
In considering a development agreement for an on farm business listed in Policy
8.11.1, Council shall take into account the following:
(a)
the use is clearly subordinate to the principal agricultural use of the
property;
(b)
the use will be located:
(i)
within, or in close proximity to, the existing farm building
cluster; or
(ii)
in an area that could not reasonably be used for the cultivation
of crops;
(c)
a location that does not meet clause (b) may be considered only where
the use has site-specific locational requirements;
(d)
where the use involves the construction of a new building or buildings,
the size and design of the building(s) are compatible with adjacent
buildings and the agricultural character of the area;
(e)
the proposed use will not adversely affect adjacent agricultural or
residential uses;
(f)
safe access can be provided;
(g)
adequate on-site parking can be provided;
(h)
any other matter which may be addressed in a development agreement;
and
(i)
Policy 16.3.1.
Policy 8.11.3
Notwithstanding the uses listed in Policy 8.11.1, Council may consider permitting
off-highway vehicle courses as on-farm businesses in the AR-2 and AR-3 zones by
development agreement subject to the criteria of Policy 8.11.2 and the
following:
(a)
no part of any off-highway vehicle course, including bleachers and
spectator viewing stands, shall be located within 1,000 meters of an
existing dwelling, other than a dwelling that is part of the property
under consideration;
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(b)
neighbouring uses will not be adversely affected as a result of traffic
generation, visual intrusion, hours of operation, noise, lighting, littering,
dust or other impacts;
(c)
adequate landscaping, buffering and separation distances will be
provided;
(d)
the course design focuses on minimizing noise impacts to adjacent
properties by taking into account the natural terrain and existing
vegetation, as well as providing for the installation of earth berms and
planting of shrubs, trees and other vegetation; and
(e)
the potential for soil erosion and other environmental impacts will be
minimized through proper course design and construction measures.
Policy 8.11.4
A development agreement considered under Policy 8.11.3 shall include
conditions to address the following:
(a)
requirements for all off-highway vehicles used on the course to be
equipped with tailpipe inserts or other noise attenuation devices and for
the course owner or operator to monitor sound levels;
(b)
a limit on the number of major events, such as races or competitions,
that can be held on the property in any 12-month period; and
(c)
where events are to be held, that provision is made to ensure temporary
camping areas, concession stands, parking areas, washrooms and other
facilities are adequately separated from neighbouring properties and
are removed at the conclusion of the event.
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9.0
RESOURCE
In addition to agricultural land, a significant area of West Hants is used for forestry, mining, combined
resources and municipal water supply. It is the intention of Council that rural areas of West Hants
outside the Growth Centres, Village and Hamlets, which are not designated Agriculture (see Section 8.0),
will be designated Resource and a variety of resource zones will apply.
Within the Resource designation, resource and residential uses may occur in close proximity. Council
recognizes that resource uses play a significant role in the West Hants economy; therefore, the primary
focus of the resource zones will be resource uses. As part of living in a rural environment, residents must
be willing to accept the negative impacts of resource activities such as noise from livestock and farm,
forestry or mining equipment, odours, and traffic involving heavy equipment or slow moving vehicles.
Large lots, setbacks and separation distances may help to mitigate some of these impacts.
The Municipality faces numerous challenges in dealing with competing land uses in the resource areas.
Cottage development on private roads has led to an increase in requests for municipal services such as
water, sewer, garbage collection, road maintenance and snow plowing. Gypsum deposits are located
close to residential and agricultural land. While providing significant employment, gypsum mining may
have an impact on adjacent properties. Municipal water supply areas for Hantsport, Windsor and
Falmouth are located within the West Hants boundaries. Development in these areas must be strictly
regulated to reduce the potential for contamination of the water supply.
Policy 9.0.1
It shall be the policy of Council to establish a Resource designation which applies
to land outside the Growth Centres, Village and Hamlets which is not designated
Agriculture.
Policy 9.0.2
It shall be the policy of Council to limit the development of resource land for non
resource use to protect the forestry, mineral, water supply, wildlife habitat and
recreational resources of West Hants.
Policy 9.0.3
It shall be the policy of Council to consider existing and new resource uses as the
primary focus of the resource zones. Residents must recognize the priority of
resource uses in these zones.
9.1
General Resource
The General Resource (GR) zone encompasses most of the land outside the Growth Centres, Village and
Hamlets which is not zoned for agricultural, mineral or water supply use. It includes Crown land and
pockets of cottage development. The zone is intended to apply to rural areas which are not subject to
intense development pressure.
Much of the area zoned General Resource is used for forestry and forestry-related uses. Since 1994, the
amount of assessed forest land in West Hants has increased by about 4,000 acres. The majority of this
land is located in District 8 Upper Falmouth Vaughans (almost 90,000 acres), District 4 St. Croix
Ellershouse Newport Corner (over 60,000 acres) and District 1 Summerville Kempt (almost 40,000
acres). Large forestry companies own a significant portion of this land. The three largest private owners
of forest land in West Hants are Neenah Paper (over 53,000 acres), Bowater Mersey (over 34,000 acres)
and Mactara (over 15,000 acres). In addition, the province owns about 31,000 acres of forest land, some
of which is leased to forestry companies for harvesting.
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The GR zone is a general, rural resource zone where resource activities are considered paramount, but
where a range of residential and small-scale commercial and industrial uses that provide a service to
residents of the surrounding countryside will be permitted.
Policy 9.1.1
It shall be the policy of Council to establish a General Resource (GR) zone which
will apply to areas of West Hants in the Resource designation which are outside
the Growth Centres, Village and Hamlets and are not zoned for agricultural,
mineral or water supply uses. This includes large parcels of Crown land, land
owned by forestry companies, areas of seasonal residential development which
are accessed by private roads, and rural areas which are not considered to be
under intense development pressure.
Policy 9.1.2
It shall be the policy of Council to permit in the General Resource (GR) zone uses
such as: agricultural and agricultural support uses; forestry and forestry related
uses; structures associated with sand and gravel extraction operations; single
and two unit dwellings, manufactured homes; community and commercial uses
which serve the local area such as community centres, churches, fire halls,
restaurants, small retail stores, automobile service stations, farm equipment
sales and personal service shops.
Policy 9.1.3
It shall be the policy of Council to limit the size of retail stores in the General
Resource (GR) zone to ensure that these uses remain small in scale and
compatible with a rural environment.
Policy 9.1.4
It shall be the policy of Council to require larger residential lot sizes in the
General Resource (GR) zone to discourage strip development and provide
buffering from resource uses.
Policy 9.1.5
It shall be the policy of Council to establish separation distances and buffering
requirements in the Land Use By law to reduce conflicts between resource and
non resource land uses.
Commercial and Industrial Development
In addition to the small-scale commercial uses permitted as-of-right in the GR zone, Council wishes to
ensure additional opportunities are available for rural economic development. Commercial uses that
provide essential services to the local area or relate to tourism are considered appropriate and will be
permitted by rezoning to Rural Commercial. Such uses include credit unions or banks, postal outlets and
tourist accommodation. Recreation commercial uses such as golf courses, campgrounds or off-highway
vehicle courses may also be considered by development agreement. In addition, resource industrial
uses which are considered necessary and appropriate in a rural area, such as automobile and equipment
repair and resource support industries, may be allowed by rezoning to Resource Industrial.
Policy 9.1.6
It shall be the intention of Council to consider rezoning land zoned General
Resource (GR) to allow for commercial or industrial uses permitted in the Rural
Commercial (RC) or Resource Industrial (M-1) zones subject to the following:
(Amendment WHMPS 14-01 Effective January 22, 2015)
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(a)
the use will not adversely affect existing resource uses in the area;
(b)
the use is not one which, because of its size or nature, would be more
appropriately located in a Growth Centre, Village or Hamlet;
(c)
safe and efficient roadway access is provided;
(d)
adequate on site parking is provided;
(e)
the development is compatible with adjacent land uses with respect to:
(i)
traffic generation and traffic safety;
(ii)
hours of operation;
(iii)
size and design of building(s);
(iv)
signage; and
(v)
pedestrian circulation and safety;
(f)
the use is not considered obnoxious by virtue of noise, odours, dust,
fumes or other emissions;
(g)
adequate buffering or screening, setbacks and yards are provided, and
open storage is controlled;
(h)
any other matter which may be addressed in a Land Use By law; and
(i)
Policy 16.3.1.
Policy 9.1.7
It shall be the policy of Council that new Recreation Commercial uses may be
considered in the General Resource (GR) zone by development agreement
subject to Policies 13.3.2 and 13.3.3, provided:
(a)
the use will not adversely affect existing resource uses in the area; and
(b)
the use is not one which, because of its size or nature, would be more
appropriately located in a Growth Centre, Village or Hamlet.
Private Roads
Areas surrounding lakes, rivers and the Minas Basin shoreline are popular for cottage development in
West Hants. In many cases, these developments are located on private roads where municipal services
such as road maintenance, school busing and garbage collection are not provided. Over time, seasonal
dwellings sometimes become full-time homes. Demands for municipal services often accompany this
change in residency. Council wishes to ensure that West Hants offers many lifestyle and housing choices,
including the option of permanent residency on private roads; but providing services to scattered and
often remote areas is both expensive and inefficient. It is important to Council that those who choose to
live on private roads do not place a burden upon municipal servicing. In particular, residents must
recognize their own responsibility for keeping their private roads maintained to a level that will allow
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emergency vehicle access. The construction of new private roads for subdivision purposes will therefore
be restricted to the General Resource zone. Seasonal dwellings as well as year-round homes will be
permitted on private roads; however, municipal services will be limited to emergency protective
services, provided these roads are passable.
Policy 9.1.8
It shall be the policy of Council that new private roads for subdivision purposes
shall be permitted only in the General Resource zone. Development on private
roads shall be limited to seasonal dwellings, single unit dwellings, home-based
businesses and resource uses.
Policy 9.1.9
It shall be the policy of Council that, except for emergency protective services,
municipal services such as school busing, snow plowing, garbage collection and
any other service normally included within the general or a special area
assessment rate shall not be provided to developments which are located on a
private road.
Grouped Dwellings
The conventional subdivision process often results in a wasteful form of development where an entire
parcel of land is segmented into individual lots and streets, leaving little undeveloped land for open
space, environmental buffers or wildlife habitat. Cluster style developments, or grouped dwellings,
where buildings are concentrated in specific areas of the site, can reduce servicing costs and mean there
is more land available for recreation and open space or for protection of wildlife habitat and sensitive
environmental features such as watercourses and wetlands.
In conventional land development, the municipality controls key aspects such as density, street design
and construction, and provision of public parkland, through subdivision and land use by law
requirements. For grouped dwellings or cluster developments where subdivision does not occur, the
municipality must use other means to ensure that these developments are appropriate in scale and
design, streets are adequate to accommodate the traffic generated and emergency vehicles, there is
adequate open space, and access is not eliminated to lakes and major watercourses. To allow Council
control over these aspects of the development, stand-alone multiple unit dwellings and grouped
dwellings will only be permitted in the General Resource zone by development agreement. Council
wishes to ensure that this process is not used for situations where a property owner wishes to place a
second or third dwelling on a lot without subdividing; therefore, Council intends to restrict multiple unit
and grouped dwelling development to medium or larger scale proposals exhibiting comprehensive site
planning and design. (Amendment WHMPS 16-01 Effective September 26, 2016)
Policy 9.1.10
It shall be the policy of Council to consider proposals for stand-alone multiple
unit dwellings and grouped single and two unit dwellings consisting of three or
more units in the General Resource zone by development agreement subject to
the following: (Amendment WHMPS 16-01 Effective September 26, 2016)
(a)
the proposed development has frontage on:
(i)
a public street;
(ii)
a private road having direct access to a public street;
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(iii)
a right of way clearly granted by deed or easement, unrestricted
in use, and capable of being developed for road purposes.
(b)
where access to the development is by a right of way as specified in
clause (a) (iii), the road along such right of way shall be designed by a
professional engineer, who is a member in good standing of the
Association of Professional Engineers of Nova Scotia and who carries
appropriate professional liability insurance, who will certify that the
design and construction of the road are adequate to accommodate the
traffic generated by the development and access by emergency
protection vehicles. Road design and construction plans shall be subject
to review by the Municipal Engineer;
(c)
the lot has an area of at least 10 acres;
(d)
the proposed overall density of the development does not exceed one
dwelling unit per acre;
(e)
the minimum distance between main buildings is 20 feet;
(f)
adequate open space or recreational areas are provided, including,
where the property is located on a lake or other significant watercourse,
ensuring that access is maintained to that lake or watercourse;
(g)
the amount of traffic generated is compatible with adjacent land uses,
and the existing road network is capable of accommodating the traffic
generated;
(h)
building clusters are located so as to conserve existing natural features
of the site;
(i)
the predominant rural character of the area is not adversely affected;
(j)
the lot is either serviced with municipal water and sewer or capable of
supporting private central or on-site sewage disposal system, and an
adequate potable water supply is available;
(k)
adequate emergency protection services, including fire, police and
ambulance, can be provided;
(l)
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)
other supporting maps showing the topography of the lot
including contours at five meter intervals, and significant natural
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features such as watercourses, wetlands and unique habitat or
vegetation; and
(iii)
photo examples, plans or drawings showing the exterior design
of the proposed buildings;
(m)
any other matter which may be addressed in a development agreement;
and
(n)
Policy 16.3.1.
Resort Development
Some of the forested and natural areas of West Hants have potential for development as nature-based
or recreation-focused resorts. Market demand seems to be growing for tourism-oriented development
that provides active and passive recreation opportunities in a natural setting along with
accommodation. Spas or other health and wellness facilities, shopping and dining are often part of
these resorts. Permanent residences may be included as well as various forms of visitor accommodation.
The intent is to provide for a comprehensively planned community which offers a wide range of
recreational and lifestyle opportunities, as well as services for residents and visitors alike. The type of
development envisioned by Council cannot be accommodated through piecemeal development of small
parcels of land. Other policies of this Strategy address smaller-scale residential, commercial and
recreation commercial development. The resort development enabled by this policy will be based on a
comprehensive community plan that can only be accommodated on large parcels of at least 500 acres. It
will be limited to the General Resource zone where the large land base needed is available.
Policy 9.1.11
It shall be the policy of Council to consider comprehensive proposals for resort
development incorporating residential, commercial, community, recreation and
tourist-oriented uses in the General Resource zone by development agreement
subject to the following:
(a)
the proposed development has direct access to a regional road or an
arterial street as defined in Section 14 of this Strategy;
(b)
the lot or assembled land has an area of at least 500 acres;
(c)
the proposed overall density of development does not exceed:
(i)
one dwelling unit per acre for lands serviced with on-site sewage
disposal systems; or
(ii)
four dwelling units per acre for lands serviced with private
central water and sewer systems;
(d)
the proposed development contains a mix of residential dwelling unit
types, of which at least 50 percent shall be single or two-unit dwellings;
(e)
the proposed development contains commercial uses sufficient and
appropriate to satisfy the day-to-day needs of residents and visitors;
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(f)
a minimum of 25 percent of the property shall be used for parks and
open space areas and active recreational facilities, of which at least half
shall be allocated for active recreational facilities;
(g)
where the property is located on a lake or other significant watercourse,
public access is maintained to that lake or watercourse;
(h)
adequate trails or walkways are provided on site to facilitate pedestrian
movement throughout the property in combination with sidewalk
networks and to ensure connection from the site to existing and/or
planned trails networks located within 100 meters of the perimeter of
the property;
(i)
recreation areas and facilities are predominantly open to all members of
the public on a fair and equitable basis;
(j)
adjacent land uses will not be adversely affected by the amount of
traffic generated;
(k)
building clusters are located so as to conserve existing natural features
of the site;
(l)
the predominant rural character of the area is not adversely affected;
(m)
the lot is capable of supporting private central or on-site sewage
disposal system(s), and an adequate potable water supply is available;
(n)
adequate emergency protection services, including fire, police and
ambulance, can be provided;
(o)
the application is accompanied by:
(i)
a concept plan drawn to scale showing the proposed number,
location and type of buildings, density, parking areas, vehicular
and pedestrian circulation systems within the development,
access to the site and open space and recreational areas;
(ii)
other supporting maps showing the topography of the lot
including contours at five meter intervals, and significant natural
features such as watercourses, wetlands and unique habitat or
vegetation; and
(iii)
photo examples, plans or drawings showing the exterior design
of the proposed buildings;
(iv)
a phasing plan;
(p)
any other matter which may be addressed in a development agreement;
and
(q)
Policy 16.3.1.
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9.2
Mineral Resource
West Hants has significant gypsum deposits which have supplied mining operations for over 200 years.
At this time, only Fundy Gypsum Company Ltd. (a division of USG Canadian Mining Ltd.) actively extracts
gypsum and anhydrite at Miller=s Creek and Wentworth Creek. Fundy Gypsum=s operations have an
important economic impact on West Hants, providing about 150 jobs as well as spin-off employment
with companies such as the Windsor and Hantsport Railway. Georgia-Pacific Inc. owns the former
Domtar mine in McKay Section and, although the mine is currently inactive, has retained its provincial
approvals in anticipation of resuming operation in the future.
Material such as stone, gravel, peat, gypsum and limestone (except anhydrite), oil, natural gas and
ordinary soil are not defined as Aminerals@ under the Nova Scotia Mineral Resources Act. Since gypsum
is not considered a mineral under the Act, the resource is not vested in the crown and mineral rights for
gypsum cannot be obtained from the Province. Rights to gypsum and limestone deposits, as well as
other non-mineral deposits, can be transferred by agreement with individual property owners through
the registration of a deed to a property. According to Fundy Gypsum, the company has obtained
gypsum rights which cover a large amount of land in the Avondale-Belmont-Poplar Grove area.
The impact of open pit mining on the land and surrounding land uses is of concern to residents of West
Hants. Municipal planning documents, however, are limited to regulating the location of structures
related to mining operations or mineral processing industries, and not the mineral extraction itself. It is
important to recognize that, since mining operations require a mining permit or, in the case of gypsum,
a Non-Mineral Registration, issued under the jurisdiction of the Province, mineral extraction activities
without structures may be permitted to proceed by the Province without municipal zoning approval.
It is the intention of Council to establish a Mineral Resource zone which shall apply to the Fundy Gypsum
lands at Miller=s Creek and Wentworth Creek which are actively mined, as well as the Georgia-Pacific
mine site at McKay Section.
Policy 9.2.1
It shall be the policy of Council to establish a Mineral Resource (MR) zone in
which mining and related uses will be the primary activities. Permitted uses
shall include: agricultural uses, agricultural support uses, forestry and forestry-
related uses, mineral processing industries, structures related to mineral
extractive uses including sand and gravel operations, single and two unit
dwellings and manufactured homes.
Policy 9.2.2
It shall be the policy of Council to regulate only the location of structures related
to a mining operation in the Land Use By law since regulation of mineral
extraction activities falls under the jurisdiction of the Province of Nova Scotia.
Policy 9.2.3
It shall be the policy of Council to establish separation distances for structures in
the Mineral Resource (MR) zone to reduce the impact of mining operations on
adjacent land uses.
Policy 9.2.4
It shall be the policy of Council to consider rezoning land designated Resource to
the Mineral Resource (MR) zone subject to the following:
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(a)
if the property is not owned by the developer, the mineral or gypsum
rights to the land have been obtained and registered in the Registry of
Deeds;
(b)
the road network, including stopping sight distances and entrances and
exits to the site, is adequate to support any increase in traffic;
(c)
the proposed active mining area and any structures are consistent with
the setback and buffering requirements in the Mineral Resource (MR)
zone;
(d)
the site design, including landscaping, outdoor storage areas, parking
areas and driveways, is adequate to minimize potential impacts on
adjacent developments;
(e)
any other matter which may be addressed in a Land Use By law; and
(f)
Policy 16.3.1.
Mining is regulated by the Province, but certain activities may fall under federal environmental
assessment requirements. It is important to Council that provincial and federal requirements be
followed in every aspect of a mining operationCdevelopment, operation, closure and rehabilitation.
Since the mining operations in West Hants have existed for many years, some of the newer provincial
requirements, such as reclamation bonds and community liaison committees, have not been
implemented. It is the feeling of Council that the Municipality and residents should work with Fundy
Gypsum and the provincial government to establish procedures for the closure and rehabilitation of
existing mine sites as well as the development of reclamation plans for new mine sites.
Policy 9.2.5
It shall be the intention of Council to work with community residents, mining
companies and the provincial government to encourage the reclamation of
closed mine sites as well as to create reclamation plans for new and existing
active mine sites.
Policy 9.2.6
It shall be the policy of Council to encourage mineral extractive operations to
minimize potential conflicts by maintaining adequate separation distances from
areas designated as Growth Centres, Villages or Hamlets as well as from existing
residential, commercial or agricultural uses.
Policy 9.2.7
It shall be the policy of Council to consider rezoning land zoned Mineral Resource
(MR) to allow for commercial or industrial uses permitted in the Rural
Commercial (RC) or Resource Industrial (M-1) zones subject to Policy 9.1.6.
(Amendment WHMPS 16-02 - Effective February 27, 2017)
9.3
Water Supply
The Municipal Government Act, in defining areas of provincial interest, requires that all municipalities
identify and address the protection of municipal water supply watersheds in their planning documents.
Within West Hants, there are three municipal water supply areas: French Mill Brook which supplies the
serviced area of Falmouth; Mill Lakes which supplies the Town of Windsor and the serviced area of
Three Mile Plains; and Davidson Lake which serves the Town of Hantsport. Each water supply area has a
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watershed advisory committee made up of municipal and water utility staff, elected officials, land
owners and provincial government representatives. The committees provide a forum for cooperative
watershed management with their primary aim being the protection of the water supply.
The French Mill Brook water supply, located west of Falmouth on Eldridge Road, is designated as a
Protected Water Area under the Environment Act. The regulations connected to this designation address
activities such as swimming, boating, fishing and snowmobiling, as well as clear cutting, mining and
agricultural uses. Although the Municipality owns several parcels of land surrounding the reservoir,
much of the land within the 2,814 acres (1,138.82 hectares) designated area is privately owned. Most of
the area is forested. There are no residential uses in the Protected Water Area, although some of the
land owners have woods camps.
The Mill Lakes water supply area is also a Protected Water Area under the Environment Act,
encompassing 4,394 acres (1,778.45 hectares) south of Windsor. Swimming, boating, fishing and
snowmobiling are prohibited except by land owners. The regulations also address forestry and
agricultural uses within the Protected Water Area. Like French Mill Brook, much of the land is privately
owned by individuals, rather than large forestry companies. There is no residential or agricultural
development within the protected area, although there are a number of woods camps.
The Davidson Lake water supply, located north of French Mill Brook, is also largely forested. Although
Davidson Lake is not protected under the Environment Act, the Town of Hantsport owns a sizable
portion of the land immediately surrounding the lake. West Hants will continue to co operate with the
Town of Hantsport to ensure that these watershed lands are protected from incompatible land uses.
A Water Supply (W) zone will be established to encompass the three water supply areas. To protect
water quality, this zone will limit the types of development allowed. Dwellings will not be permitted
because of steep slopes in some parts of the water supply areas and the potential for contamination. So
as not to unduly limit property owners' rights to use their land, woods camps will continue to be allowed
although their size will be restricted.
Policy 9.3.1
It shall be the policy of Council to establish a Water Supply (W) zone which
applies to the Protected Water Areas of French Mill Brook and Mill Lakes and the
established boundaries of the Davidson Lake watershed.
Policy 9.3.2
It shall be the policy of Council to limit the permitted uses in the Water Supply
(W) zone to uses considered compatible within a water supply such as woods
camps, forestry uses excluding processing structures, municipal water treatment
and distribution uses, outdoor recreation uses without permanent structures,
historic buildings and structures, and agricultural uses excluding dwellings,
livestock operations and greenhouse operations.
Policy 9.3.3
It shall be the policy of Council to minimize site disturbance in the W zone by
limiting the permitted floor area for woods camps.
Policy 9.3.4
It shall be the intention of Council to review and revise this Strategy and
accompanying By law to reflect changes made to any Protected Water Area
under the Environment Act.
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Policy 9.3.5
It shall be the intention of Council to co operate with the Town of Hantsport in
the future should the Town wish to apply for designation of Davidson Lake as a
Protected Water Area under the Environment Act.
Subdivision of land in the Water Supply zone will be controlled through large minimum lot size and road
frontage requirements. In addition, as the risk of water contamination increases with the amount of
development concentrated around the shoreline, Council will further restrict subdivision by establishing
a minimum water frontage requirement for lots which abut the shores of Mill Lake and Davidson Lake.
The alteration of land levels to create flat development sites or roads removes the vegetative ground
cover and may result in erosion and siltation of nearby water bodies. To minimize this, setbacks from
watercourses and alteration of land levels will be regulated in the Land Use By-law. Some landowners
are concerned that large watercourse setbacks will force them to site their camps so far away from the
shoreline that they will lose views and other benefits of being close to the water. Council wishes to
provide another option for these landowners that will allow them to build closer to the shoreline
provided specific studies and controls are undertaken. The cost of these studies would be borne by the
landowner in each case. Landowners who do not wish to follow this option would be free to build
provided the development meets the setback and other land use by-law requirements.
Policy 9.3.6
In the Water Supply (W) zone, it shall be the policy of Council to establish a
minimum lot size of 10 acres (4.05 hectares) except for municipal water
treatment and distribution uses. In addition, to further limit subdivision of land,
it shall be the policy of Council to establish a minimum water frontage
requirement which shall apply to the creation of new lots abutting Mill Lake and
Davidson Lake.
Policy 9.3.7
It shall be the policy of Council to prohibit the erection of any structure or
alteration of land levels for development on any portion of a lot in the Water
Supply Zone where there is a slope greater than 15 percent. This shall not apply
to municipal water treatment and distribution uses, structures necessary for the
prevention of floods or erosion, or structures which serve to facilitate drainage.
Policy 9.3.8
It shall be the policy of Council that when a development is proposed within
213.25 feet (65 meters) of a watercourse in the Water Supply (W) zone, the
developer shall be required to submit an environmental study satisfactory to the
Development Officer prior to issuance of a development permit. The study shall
be prepared by a qualified person such as a civil engineer, registered landscape
architect or environmental professional whose qualifications have been
approved by the Development Officer prior to commencing the study. The study
will identify sensitive features of the site and measures to be taken to ensure
that the development will not result in detrimental impacts on water quality.
The study shall include, but is not limited to:
(a)
a site assessment which examines slope, soils, vegetation, potential for
erosion and siltation and potential for runoff of nutrients or other
contaminants;
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(b)
measures to address potential impacts such as erosion and
sedimentation controls; appropriate treatment of sensitive areas and
features; landscaping and vegetative buffers; location, design and
maintenance of sewage disposal system(s); and any other measure
necessary to protect water quality both during and after construction;
and
(c)
a site plan and any other information deemed necessary by the
Development Officer that shows the proposed location of any buildings,
driveways, roads and other features of the development, together with
measures proposed in clause (b) to address impacts.
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10.0 MUNICIPAL LANDFUL
The West Hants Landfill Site is located at 1569 Walton Woods Road, Cogmagun. Originally designed to
meet the landfill needs of West Hants and the Towns of Windsor and Hantsport, the landfill is now
serving a wider area. The landfill site was upgraded in 2005 to meet provincial regulations requiring
landfills to have liner systems and leachate collection and treatment. The upgraded ASecond
Generation@ landfill site opened in January 2006 as a public-private partnership between West Hants
and Waste Management of Canada Corporation.
Council feels it is important to have a zone dedicated to the landfill and policy which will allow for
necessary expansion of the landfill operation. At the same time, however, it is the feeling of Council that
no new landfill sites should be permitted in West Hants.
Policy 10.0.1
It shall be the policy of Council to establish a Landfill (LF) zone which will apply to
the existing landfill site at Cogmagun and permit landfill operations and
associated uses such as: commercial composting operations, construction and
demolition waste receiving and processing areas, and recycling depots.
Policy 10.0.2
It shall be the policy of Council that no new landfills will be permitted in West
Hants; however, Council may consider the expansion of the existing Landfill (LF)
zone beyond its existing boundaries by rezoning subject to the following criteria:
(a)
the proposed site abuts the existing Landfill (LF) zone;
(b)
the active disposal area is at least:
(i)
3,280.84 feet (1,000 meters) from the nearest residential,
institutional, commercial or industrial building;
(ii)
328.08 feet (100 meters) from the nearest property boundary;
(iii)
328.08 feet (100 meters) from the nearest bank top or high
water mark of any surface water course or water body,
including salt water, or any off site well; and
(c)
Policy 16.3.1.
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11.0 INDUSTRIAL PARK
11.1 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. The park is
promoted and marketed by Nova Scotia Business Inc., as well as by the two municipal units. As of 2007,
the majority of land in the park was developed.
The portion of the park to the east of Highway 101, containing approximately 68 acres, is intended
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 park on the eastern side of Highway
101.
Policy 11.1.1
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 shall
apply to both the Town of Windsor and the Municipality of the District of West
Hants.
Policy 11.1.2
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 11.1.3
It shall be the policy of Council 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 the District of
West Hants. (Amendment WHMPS 14-01 Effective January 22, 2015)
Joint Industrial Type Two
Policy 11.1.4
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 business
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.
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Joint Industrial Type Three
Policy 11.1.5
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 11.1.6
It shall be the policy of Council to consider new large format retail stores or
expansions greater than 5,000 square feet (464.5 square meters) to existing
large format retail stores in the Joint Industrial Type Three (LI 3) zone by
development agreement subject to the provisions of Policy 5.5.15.
Joint Industrial Park Expansion
Policy 11.1.7
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 the District of West Hants; and
(c)
the provisions of Policy 16.3.1.
Licensed Cannabis Uses
Policy 11.1.8
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 11.1.9
Permit Standard Cultivation and Processing of cannabis, Micro-Cultivation,
Micro-Processing and Cannabis Nurseries in the Joint Industrial Type Two (LI-2)
zone.
Policy 11.1.10 Permit Cannabis Nurseries in the Joint Industrial Type Three (LI-3) zone.
Policy 11.1.11 Require specific setback requirements for licensed cannabis land uses to
reduce the impact of noise and odour on nearby uses.
(Amendment 18-08 effective January 21, 2020)
11.2 Future Industrial Park
West Hants Council wants to ensure there is sufficient land available for the development of light
industrial uses. With both the Windsor Industrial Park and the Joint Industrial Park near capacity,
Council feels it is important to identify new land which would be suitable for industrial park
development. To facilitate this, Council will establish a new Light Industrial zone and criteria for
rezoning which may be used once a potential future industrial park site has been found.
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Policy 11.2.1
It shall be the intention of Council to establish a Light Industrial (LI-1) zone which
may be applied to future industrial park land outside of the Windsor-West Hants
Joint Industrial Park. Permitted uses include, but are not limited to, a full range
of light industrial uses, provided they are not considered obnoxious by virtue of
noise, odours, dust, fumes or other emissions; as well as certain highway
commercial or other uses which are best suited to an industrial park because of
their need for a large floor area or outdoor storage and display space.
Policy 11.2.2
It shall be the policy of Council to consider rezoning land in any designation to
the Light Industrial (LI-1) zone subject to the following:
(a)
the property is to be used as an industrial park;
(b)
the lot or assembled land consists of a minimum of:
(i)
15 acres (6.07 ha) if it is located within the Growth Centre
designation; or
(ii)
30 acres (12.14 ha) if it is located in an unserviced area outside
the Growth Centre designation;
(c)
the development has direct access to an arterial or collector street, or is
located in close proximity to an existing or proposed Highway 101
interchange; (Amendment WHMPS 12-01 Effective December 6, 2012)
(d)
the development will not adversely affect adjacent land uses with
respect to:
(i)
traffic generation and traffic safety;
(ii)
hours of operation;
(iii)
noise; and
(iv)
size of buildings;
(e)
adequate buffering or screening, setbacks and yards are provided to
minimize potential land use conflicts with adjacent properties;
(f)
any other matter which may be addressed in a Land Use By-law; and
(g)
Policy 16.3.1.
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12.0 ENVIRONMENTAL CONSTRAINTS
Dyked marshlands make up approximately 6,000 acres, or about two percent, of the total land area of
West Hants. Dykelands may be found throughout the Municipality along the flood plains of the Avon, St.
Croix, Kennetcook, Herbert and Meander rivers. Dykes 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.
Dykelands may be divided into two categoriesCthose protected from tidal flooding in the traditional
fashion by dykes, and those upriver of the Avon River Causeway which are protected by the causeway
itself, rather than dykes. Tidal dykelands in West Hants include Newport Town, St. Croix, Scotch Village,
Herbert River, Tregothic, Chambers, Mantua Poplar Grove, Wentworth, Belmont, Centre Burlington,
Burlington, Kennetcook, Greenhill, and a portion of Elderkin Marsh.
Dykelands above the causeway include Falmouth Great Dyke, Martock, Windsor Forks, Castle Frederick,
Falmouth Village, Armstrong and a portion of Elderkin Marsh. Because of the security offered by the
causeway since its construction in 1971, many of the dykes have been levelled, allowing farmers to use
all of the land up to the river banks. These lands are more at risk from freshwater flooding than tidal
flooding. The two causeway gates provide the only release for flood water from the Avon River system
into the Minas Basin. 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. Nova Scotia Power's Avon Hydro System, which includes several dams and two hydro stations
on the Avon River, further intensifies the flood risk potential for the dykelands above the causeway.
Dykelands have been used predominantly for agricultural purposes, and dykeland soils are among the
most fertile in the province. Recent development pressures have meant, however, that some of these
areas are beginning to be considered for non farm uses.
Non farm development on dykelands is a concern, not only because it means the loss of valuable
agricultural land, but also because of the risk of flooding and the drainage problems associated with
these lands. Dykeland flooding may result from blockage of drainage ditches or aboiteaux, or from
overtopping or breakage of dykes in high tides or severe storms. In the fall and winter months, localized
flooding is common as drainage ditches become blocked with ice. Although flooding because of tides
overtopping the dykes occurs less often, it represents a definite risk. The high public and private costs
associated with property damage, pollution and loss of life because of serious tidal or freshwater
flooding can be avoided by regulating or prohibiting development on dykelands.
The Nova Scotia Department of Agriculture and Fisheries' maps of marshes incorporated under the Nova
Scotia Marshland Reclamation Act provide a reliable source of data for the location of dykelands in West
Hants. The maps were developed from surveys carried out during the 1950s and 60s by the Maritime
Marshlands Rehabilitation Administration (MMRA) of the high water elevation for each incorporated
marsh.
Policy 12.1.1
It shall be the policy of Council to designate all areas identified as dyked
marshland and subject to flooding on an overlay to be used in conjunction with
the zoning map, Schedule 'A' of the Land Use By law.
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Policy 12.1.2
It shall be the intention of Council to establish regulations in the Land Use By law
governing development on land designated Dykeland on the Dykeland Overlay.
Policy 12.1.3
It shall be the intention of Council that the land uses permitted in the areas
designated as Dykeland on the Dykeland Overlay shall be those permitted in the
underlying zone. Where there is conflict between the zone requirements and the
regulations established for Dykeland, the Dykeland regulations shall take
precedence.
Within the area designated Dykeland, no new buildings will be permitted, except for pump houses or
other structures which may be required for water distribution or irrigation. It is not intended to cause
hardship to owners of homes or businesses already existing on these lands who may wish to erect a
garage or shed. Many of the existing small residential lots are located almost entirely on dykeland and
the owners of these lots would have difficulty finding enough upland on which to site an accessory
building. Therefore, new accessory buildings will be permitted on small lots of five acres or less, but the
size of these buildings will be controlled through the land use by law. Existing buildings will be allowed
to be enlarged or altered, and the use of an existing building may be changed to another permitted use,
as long as the new use is not one that involves more intensive human or livestock occupancy, or the
warehousing or production of hazardous materials. For example, an existing barn or shed could not be
converted into a dwelling. Likewise, an existing feed storage building could not be changed to a poultry
barn. The intent is to prevent the loss of both human and animal lives in the event of flooding, to
minimize property damage, and to reduce the risk of pollution of wells and watercourses from manure,
on site sewage disposal systems and hazardous materials. This is not intended to preclude, however, a
change from one type of human occupancy to a less intensive type of human occupancy; e.g., converting
a dwelling to a retail store.
Policy 12.1.4
It shall be the policy of Council that within the area designated Dykeland, no new
buildings shall be permitted, except for pump houses or other structures required
for water distribution or irrigation, and small scale accessory buildings on
existing lots of five (5) acres or less in size.
Policy 12.1.5
It shall be the policy of Council that within the area designated Dykeland,
buildings existing as of the effective date of these amendments will be permitted
to be enlarged or altered.
Policy 12.1.6
It shall be the policy of Council that within the area designated Dykeland, the use
of an existing building may be changed to another use permitted in the
underlying zone as long as the new use is not one that involves more intensive
human or livestock occupancy, or the warehousing or production of hazardous
materials.
The construction of new buildings requires infilling to create roads, driveways and building sites. Infilling
of flood plains can diminish their water storage capacity and cause flooding to be more prolonged and
widespread. This is an added concern on dykeland where the infilling of a ditch on one property can
affect the drainage of hundreds of acres.
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Policy 12.1.7
It shall be the policy of Council to control the placing of fill and the alteration of
topography on all lands designated Dykeland on the Dykeland Overlay.
Certain types of recreational uses, such as golf courses, sports fields or boat launches, require a limited
amount of infilling or alteration of topography, but do not involve buildings. It is not the intention of
Council to restrict the development of these uses on dykeland where such uses are permitted in the
underlying zone.
WetlandsCwhether natural or createdCalso have value for recreational and aesthetic purposes, as well
as providing important wildlife habitat. The creation of new wetland areas requires some excavation and
alteration of topography. Council's primary concern is ensuring that the water storage capacity of the
flood plain is not reduced as a result of infilling and major changes to topography. The intention is
therefore to restrict alteration of topography on the flood plain in conjunction with building
development, not to prevent a property owner from creating a marsh or other wetland for waterfowl
habitat.
Policy 12.1.8
It shall be the intention of Council to allow necessary infilling and alteration of
topography on lands designated Dykeland for the development of recreational
uses not involving buildings, such as golf courses, sports fields, boat launches,
trails and the like, as well as for the creation of new wetlands for the purposes of
recreation and enhancement of wildlife habitat.
Council feels that in limited circumstances, it may be necessary to allow for infilling and alteration of
topography required to construct new public streets across dykeland. Council wishes to ensure that
when a street must be built across dykeland, it is designed and constructed to withstand flood
conditions, public safety is a primary consideration, and all necessary measures are taken to ensure that
construction of the street will not result in increased flooding of other properties. In addition, Council
wishes to ensure that the minimum amount of dykeland is affected and therefore will limit the extent of
a new street that will be permitted on dykeland.
Policy 12.1.9
It shall be the policy of Council to allow necessary infilling and alteration of
topography on lands designated Dykeland for the construction of new public
streets. To ensure that the amount of dykeland affected is kept to a minimum, it
shall be the intention of Council to include requirements in the Land Use By law
limiting the length of a new street on dykeland. Where a new street is proposed
on dykeland, it shall be the policy of Council that the property owner shall be
required to submit road design and construction plans and environmental
studies prepared by a qualified person which adequately deal with public safety
and elevation and drainage of the street and demonstrate that construction of
the street will not adversely affect drainage on other properties, or reduce the
water storage capacity of the flood plain.
Although the mapping used to delineate Dykeland is considered very accurate, some infilling may have
occurred since the MMRA surveys were done or there may be small areas of upland along the edge of
the dykelands at a higher elevation that are not reflected in the mapping. These areas will be permitted
to be developed provided the property owner submits a survey plan which shows that the elevation of
the proposed development site is above the high water line for the dykeland.
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Policy 12.1.10 It shall be the policy of Council to allow development to occur on properties
designated Dykeland on the Dykeland Overlay where the property owner
submits a survey plan prepared by a Nova Scotia Land Surveyor which indicates
that the elevation of the proposed development site is above the established
high water elevation for the dykeland.
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.
Policy 12.1.11 It shall be the policy of Council to identify a Coastal Protection Zone to comply
with the regulations of Bill 106, the Coastal Protection Act. (Amendment #20-29A
effective March 14, 2023)
12.2 Geologic Constraints
Areas of West Hants, especially around Upper Falmouth and the Highway 101 corridor may be subject to
subsidence due to geological formations and surface and groundwater activity. The most visible
evidence of this is the abundance of sinkholes or karst topography.
Policy 12.2.1
It shall be the policy of Council to amend this Municipal Planning Strategy and
the implementing Land Use By law if, in the opinion of Council, amendments are
warranted to identify areas which may be prone to subsidence related to
underlying limestone and gypsum formations.
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13.0 COMMUNITY USE
Community use areas including parks, open space and municipal recreation facilities, as well as
institutional uses such as schools, community centres, churches and museums, are intended for the use
of the general community.
Policy 13.0.1
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 large-scale institutional, municipal recreation and open space uses.
13.1 Institutional
The development of adequate institutional facilities is important in creating a strong sense of
community. In the Growth Centres, Village and Hamlets, institutional uses act as focal points. Schools,
churches, homes for special care, public or non-profit senior citizen accommodation, community halls,
arenas and similar uses are considered institutional uses and should be encouraged to locate in a
manner which minimizes traffic and parking problems as well as negative effects on nearby properties
and land uses. In the Growth Centres, Village and Hamlets, existing institutional uses will be zoned
Institutional or recognized as existing permitted uses. New institutional uses will be considered only by
development agreement. In most resource zones, new churches, community centres and fire halls will
be permitted. Other new institutional uses will be considered by development agreement.
Policy 13.1.1
It shall be the policy of Council to establish an Institutional (I) zone which shall
apply to existing public or non-profit uses such as churches, schools, homes for
special care, community halls, fire stations, indoor recreational uses and other
public buildings and facilities.
Policy 13.1.2
It shall be the policy of Council to consider new institutional uses by development
agreement in any designation subject to the following:
(a)
the development fronts on an arterial or collector street, or on a street
that has direct access to an arterial or collector street;
(b)
the development is serviced, or is capable of being serviced, by a potable
water supply and either central sewer or an approved on-site sewage
disposal system; (Amendment WHMPS 14-01 Effective January 22, 2015)
(c)
any proposed structure will not exceed three storeys in height and will
be architecturally compatible with neighbouring structures;
(d)
safe and efficient roadway access is provided;
(e)
adequate on site parking is provided;
(f)
adequate open space, landscaping and separation distances are
provided;
(g)
the development will not conflict with adjacent existing uses;
(h)
noise and traffic generation of the proposed use is not excessive in
relation to the existing development pattern of the area;
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(i)
the development is consistent with the development objectives of the
designation;
(j)
any other matter which may be addressed in a development agreement;
and
(k)
Policy 16.3.1.
Policy 13.1.3
It shall be the policy of Council that land zoned Institutional (I) may be
considered for other zones subject to the relevant policies of this Strategy.
13.2 Open Space
West Hants has a large amount of parkland dedicated to public recreational use. Provincial parks
include Smiley=s Park in McKay Section and Falls Lake Provincial Park in Vaughan. Much of the
municipally owned parkland has been received through the parkland dedication provisions of the West
Hants Subdivision By-law. This parkland transfer ensures that new housing developments set aside land
for recreational or open space use. In addition, there are several major municipal outdoor recreation
facilities: Ste. Croix Recreation Site has international calibre softball fields; Irishman=s Road Recreation
Site in Newport Station has three soccer pitches, trails and an archery club; and Eldridge Road
Recreation Site in Falmouth has soccer and softball fields, tennis and basketball courts and walking
trails.
It is intended that the Open Space zone apply primarily to parkland and publicly-owned outdoor
recreational uses which generally do not require main buildings. The main purpose of the zone is to
preserve and protect open space for the use of residents of West Hants.
Policy 13.2.1
It shall be the intention of Council to establish an Open Space (OS) zone which
applies to parks and other public 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
and interpretive centres, which are located on large parcels of land used as
parkland.
Policy 13.2.2
It shall be the policy of Council to zone only public lands for open space purposes.
Policy 13.2.3
It shall be the policy of Council to permit parks and playgrounds in any zone,
provided accessory buildings are small scale, any signage meets the
requirements of the zone and all other requirements of the Land Use By-law are
met.
13.3 Recreation Commercial
In addition to public recreation facilities, there are a number of privately-operated commercial
recreation facilities in West Hants. Campgrounds and outdoor recreation uses such as ski hills and golf
courses usually require large areas of land, but few structures, although lodges or 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. Existing recreation commercial uses, including Ski Martock and various golf courses,
driving ranges and campgrounds scattered throughout West Hants, will be zoned Recreation
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Commercial. Council wishes to encourage the provision of a variety of recreation facilities in West
Hants, both public and private. Council also recognizes, however, that close neighbours are sometimes
concerned about the potential for such uses to reduce enjoyment of their properties or detract from the
existing community character through noise, traffic, incompatible building appearance, garbage or
environmental damage.
To ensure sufficient 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.
Policy 13.3.1
It shall be the policy of Council to establish a Recreation Commercial (RecC) zone
which shall apply to existing commercial recreation facilities such as ski lodges
and facilities, campgrounds, tennis and golf clubs, and similar uses which are
open to the general public but are owned by private interests. (Amendment WHMPS
14-01 Effective January 22, 2015)
Policy 13.3.2
It shall be the policy of Council to consider the establishment of new Recreation
Commercial uses by development agreement in any designation except the
Village Core subject to the following criteria:
(a)
the proposed use is a campground, golf course, driving range or other
commercial entertainment or 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)
the lot dimensions and any structures are adequate for the use at
proposed capacity;
(d)
safe and efficient roadway access is provided;
(e)
adequate on site parking is provided;
(f)
if the proposed development is located in a Growth Centre, the property
has adequate frontage on an arterial or collector road;
(g)
neighbouring uses will not be adversely affected as a result of traffic
generation, visual intrusion, hours of operation, noise, lighting, littering,
dust or other impacts;
(h)
adequate landscaping, fencing or buffering, and separation distances
will be provided;
(i)
any other matter which may be addressed by development agreement;
and
(j)
Policy 16.3.1.
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Special provisions are included to address the development of motocross tracks or other off-highway
vehicle courses. These uses will be limited to properties in the General Resource zone which have the
large land base needed to provide buffering from noise and other impacts. Development agreements
for off-highway vehicle courses will contain conditions regulating hours of operation, landscaping and
buffering, parking and access, and separation distances from adjacent residential development.
Policy 13.3.3
Notwithstanding clause (b) of Policy 13.3.2, Council may consider permitting off-
highway vehicle courses as Recreation Commercial uses by development
agreement subject to the criteria of Policy 13.3.2 (excluding clauses (b) and (f))
and the following:
(a)
the property is zoned General Resource (GR);
(b)
no part of any off-highway vehicle course, including bleachers and
spectator viewing stands, shall be located within 1,000 meters of an
existing dwelling, other than a dwelling that is part of the property
under consideration;
(c)
the course design focuses on minimizing noise impacts to adjacent
properties by taking into account the natural terrain and existing
vegetation, as well as providing for the installation of earth berms and
planting of shrubs, trees and other vegetation;
(d)
the potential for soil erosion and other environmental impacts can be
minimized through proper course design and construction measures;
and
(e)
Policy 9.1.7.
Policy 13.3.4
A development agreement considered under Policy 13.3.3 shall include
conditions to address the following:
(a)
requirements for all off-highway vehicles used on the course to be
equipped with tailpipe inserts or other noise attenuation devices and for
the course owner or operator to monitor sound levels;
(b)
a limit on the number of major events, such as races or competitions,
that can be held on the property in any 12-month period; and
(c)
where events are to be held, that provision is made to ensure temporary
camping areas, concession stands, parking areas, washrooms and other
facilities are adequately separated from neighbouring properties and
are removed at the conclusion of the event.
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14.0 TRANSPORTATION
The transportation policies in this section are to be read in conjunction with the Transportation Map
(Map 2) which forms an integral part of this Strategy. Roads and streets in West Hants are divided into
five types: regional, arterial, collector, local and private.
14.1 Regional Roads
Regional roads are those which serve 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. At this time, Highway 101 is undergoing a major transformation as it is twinned from St. Croix
to Avonport. This change could affect West Hants significantly as the improved commute between
Halifax and West Hants is expected to contribute to increased development in the area.
Policy 14.1.1
It shall be the policy of Council to designate Highway 101 as a regional road as
shown on the Transportation Map (Map 2).
Policy 14.1.2
It shall be the policy of Council to encourage the development of commuter car
parking facilities at Highway 101 interchanges as a means of promoting
carpooling.
14.2 Arterial Streets
The main function of arterial streets is to move traffic efficiently through West Hants and to the Highway
101 access areas.
Policy 14.2.1
It shall be the policy of Council to designate streets or portions of streets as
arterial streets as shown on the Transportation Map (Map 2. (Amendment WHMPS
16-03 - Effective May 1, 2017)
14.3 Collector Streets
Collector streets collect traffic from local streets and channel it to arterial streets. Collector streets will
be identified only within the Growth Centres.
Policy 14.3.1
It shall be the intention of Council to define road types within the Growth
Centres as arterial, collector and local streets as shown on the Transportation
Map (Map 2).
Policy 14.3.2
It shall be the policy of Council to designate streets or portions of streets as
collector streets as shown on the Transportation Map (Map 2). (Amendment
WHMPS 16-03 - Effective May 1, 2017)
14.4 Local Streets
Local streets are intended primarily for property access and include all public roads in West Hants which
are not otherwise designated. The majority of the public roads in West Hants are owned and
maintained by the Nova Scotia Department of Transportation and Public Works, although the
Municipality is responsible for contributing to the maintenance costs for approximately 34 kilometers of
local streets built before 1995. Changes in provincial legislation in 1995 made municipal units
responsible for all new local, or subdivision, streets. As of 2007, the Municipality owned and maintained
approximately 2.5 kilometers of local public streets located in Falmouth and Three Mile Plains.
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This Strategy encourages the majority of growth to occur in the Growth Centres, Village and Hamlets.
More concentrated development in these areas makes the provision of municipal services more efficient
and cost-effective. With new local streets the responsibility of the Municipality, this is even more
important because of the high cost of providing road maintenance, snow plowing and other services to
the further reaches of the Municipality.
Policy 14.4.1
It shall be the policy of Council to encourage orderly development of new public
streets which enables efficient and cost-effective provision of municipal services.
14.5 Private Roads
In the past, private roads were permitted only in certain areas of West Hants and development on these
roads was restricted to seasonal residential and resource uses. Under this Strategy, private roads for
subdivision purposes will be limited to the General Resource zone which generally corresponds to the
area where private roads were allowed in the earlier planning documents. Because of the difficulty of
enforcing a restriction to seasonal residential development, both principal dwellings and seasonal
residences will be permitted on private roads. Municipal services such as snow plowing, road
maintenance, garbage collection and school busing will not be provided to dwellings located on private
roads (see Policies 9.1.8 and 9.1.9).
14.6 Traffic Impact Studies
A significant part of evaluating development proposals is understanding their potential impact on the
existing transportation network. Council feels it is important to assess this impact at an early stage,
particularly if a development could create, or contribute to, a need for costly infrastructure
improvements such as traffic signals, turning lanes, intersection realignment or other major design
changes. To ensure that Council has accurate information upon which to base its decision, a traffic
impact study will be required as part of a development agreement or rezoning application where the
nature, or location, of the development warrants such a study; for example, large format retail stores,
regional shopping centres or major residential developments could be expected to have a significant
impact on traffic flows.
Generally, the proponent of a development is financially responsible for transportation system changes
reasonably required to accommodate the proposal or to mitigate adverse impacts of the proposal.
Normally, such changes will be included as conditions of development approval. In cases where
necessary improvements are attributable to several developments, a cost-sharing arrangement may be
possible. Where a needed change is planned by public agencies, phasing of the development in
conjunction with the proposed timing of such improvements may be indicated. Alternatively, the
proponent may wish to investigate the possibility of assuming financial responsibility for such changes
to advance the implementation schedule for these improvements to match that of the proposed
development.
Policy 14.6.1
It shall be the policy of Council that a traffic impact study (TIS) may be required
as part of a development agreement or rezoning application where the nature,
or location, of the development warrants such a study. A TIS will be required if
the development is expected to generate 100 or more two-way trips (inbound
plus outbound) at the site entrance(s) during the development=s peak hour. A
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TIS may also be required, even if fewer than 100 peak hour trips are projected,
based on any of the following factors:
(a)
the development is in an area with significant traffic congestion, a high
accident rate and/or a high expected rate of residential or commercial
development activity;
(b)
the development incorporates direct access to a major arterial or
collector street; or
(c)
the development is in proximity to a major intersection or highway
interchange that could be affected by site-generated traffic.
Policy 14.6.2
A traffic impact study shall be prepared by a qualified traffic or transportation
engineer registered with the Association of Professional Engineers of Nova
Scotia in accordance with the Nova Scotia Department of Transportation and
Public Works= Guide for the Preparation of Traffic Impact Studies or such other
guidelines as determined by the Municipality.
Policy 14.6.3
Notwithstanding Policy 14.6.1, a traffic impact study may not be required when
the development=s impact can be clearly anticipated without a study and the
developer, the Municipality and other public agencies having jurisdiction are
able to agree upon appropriate mitigation and funding.
Policy 14.6.4
It shall be the policy of Council to update and maintain the Transportation Map
(Map 2) of the Municipal Planning Strategy to identify the type and designation
of streets and roads in the Municipality, as required from time to time.
(Amendment WHMPS 16-03 - Effective May 1, 2017)
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15.0 MUNICIPAL SERVICES
15.1 Water and Sewer
Water
Three Mile Plains and Wentworth Road, between the Windsor town boundary and the Fundy Gypsum
plant at Wentworth Creek, receive chlorinated water from the Town of Windsor's Mill Lakes water
supply. The approximately 20 km of distribution pipe, which is entirely gravity fed, serves about 600
homes.
Residents of Falmouth get fully treated water from the French Mill Brook reservoir. This system, which
in 2005 served 648 customers, consists of a mechanical feed to a 700,000 gallon stand pipe. From
there, water is gravity fed to approximately 21 km of distribution main. The stand pipe holds about a
three day water supply. The Municipality is planning for necessary upgrades to the water treatment
facility as a 2002 study found that the utility will not be able to meet projected demand beyond 2016.
Estimated costs as of 2006 were in excess of $1.5 million.
Sewer
Like the water system, only two areas have municipal sanitary sewer. There is no storm sewer system,
so all storm run off is controlled through ditches.
The sanitary sewer system in Three Mile Plains has 17 km of gravity-fed pipes, 6 km of force main and 11
pumping stations which send the sewage from approximately 675 homes to two treatment lagoons in
the Town of Windsor.
In Falmouth, 15 km of gravity-fed pipe, 3 km of force main and eight pumping stations take the sewage
from approximately 500 homes to an extended aeration sewage treatment plant located off Hwy 101
near the Avon River Causeway. This plant is currently at 80 percent hydraulic capacity and 40 percent
organic loading, meaning there is more liquid going to the plant than solids. Built in 1977, the plant no
longer meets provincial guidelines. In 2005, a study by Dillon Consulting Limited concluded that the
plant was at capacity and in need of replacement. The estimated cost of this project as of 2006 was
about $4.0 million.
Servicing Policies
Municipal sewer and water infrastructure is costly to install and maintain. Council wishes to encourage
development that makes maximum use of the existing infrastructure within the service area boundaries
(Growth Centres). Other policies of this Strategy address infill development on existing undersized lots,
multiple residential development in appropriate locations, and secondary suites within and accessory to
single and two-unit dwellings. Policies for grouped dwellings encourage more compact cluster
developments that use less land and are more economical to service. (Amendment File #20-27 effective -
September 14, 2021) (As amended by File #22-13 January 10, 2023)
Policy 15.1.1
It shall be the policy of Council that municipal water and sewer services will not
be extended beyond the boundaries of the Falmouth and Three Mile Plains
Growth Centres and the Windsor-West Hants Joint Industrial Park.
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Policy 15.1.2
It shall be the policy of Council that the developer will be responsible for the cost
of installing municipal sewer and water systems in new developments pursuant
to the West Hants Subdivision By-law.
There are a few areas of West Hants where municipal water services exist, but not sewer. Providing
municipal water without central sewer often results in demands for sewer service at a later date.
Installing the two systems separately is far more costly than installing both services together.
Furthermore, with a virtually unlimited supply of water from a municipal water system, homeowners
frequently overload their on-site sewage disposal systems, resulting in malfunctions and, sometimes,
pollution. To avoid these problems in the future, the Municipality will not allow the further extension of
municipal water without sewer.
Policy 15.1.3
It shall be the policy of Council not to allow the further extension of municipal
water lines except where municipal central sewer exists or will be installed in
conjunction with the water lines. Individual lots with frontage on existing public
streets served only by municipal water shall be permitted to connect to the
municipal water system.
Council wishes to encourage development that makes maximum use of the existing infrastructure within
the service area boundaries (Growth Centres). Other policies of this Strategy address infill development
on existing undersized lots, multiple residential development in appropriate locations, and accessory
apartments in the Single Unit Residential (R-1) zone. Policies for grouped dwellings encourage more
compact cluster developments that use less land and are more economical to service.
15.2 Solid Waste
West Hants has a comprehensive recycling and composting program. Recycling is picked up every
second week. All recycling goes to a collection contractor who is responsible for the sorting and sale of
the recyclables. The Municipality does not receive payment for the recycling but has a reduced charge
for collection. Residents are responsible for composting using backyard composters. The same
contractor collects garbage on alternate weeks. The garbage goes to the West Hants Landfill Site on the
Walton Woods Road in Cogmagun.
15.3 Fire
West Hants is served by five volunteer fire departments located in Windsor, Summerville, Brooklyn,
Walton and Hantsport. In addition, Southwest Hants is served by a substation of the Windsor Fire
Department located in Vaughan and the Mount Uniacke District Fire Department serves a small area
adjacent to the East Hants boundary. Table 2 shows the number of civic addresses in West Hants
covered by each of the fire districts and the municipal funding for 2006-2007. Figure 7 is a map of the
fire districts.
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15.4 Police
West Hants is served by a detachment of the Royal Canadian Mounted Police located in the Windsor-
West Hants Industrial Park. The Municipality=s 2005-2006 budget provided $1,025,795 for police
services, or the equivalent of 9.8 full-time positions. The detachment serves not only West Hants, but
also the Town of Hantsport and the Mount Uniacke area of East Hants. As of September 2005, the
detachment included: 16 detachment officers; four traffic services officers, one community liaison
officer, one sergeant, one staff sergeant, one geographic information system (G.I.S.) officer and three
detachment assistants. In addition, there were four auxiliary constables, volunteers from the area who
work with the officers.
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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. 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 West Hants 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 #22-32 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 #22-32 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 (as amended by File
#23-21 effective May 13, 2025):
Zones
Symbol
Low Density Residential
R-1
Medium Density Residential
R-2
High Density Residential
R-3
Rural Residential
R-4
Manufactured Home Park
MHP
General Commercial
GC
Highway Commercial
HC
Local Commercial
LC
Rural Commercial
RC
Recreation Commercial
RecC
Prime Agriculture
P/Ag
Agricultural Priority Two
AR-2
Agricultural Priority Three
AR-3
General Resource
GR
Mineral Resource
MR
Water Supply
W
Landfill
LF
Resource Industrial
M-1
Hamlet Industrial
M-2
Local Industrial
LI
Light Industrial
LI-1
Joint Industrial Type Two
LI-2
Joint Industrial Type Three
LI-3
Institutional
I
Open Space
OS
Special Overlay Zones
Dykeland Overlay
16.3 Land Use By-law Amendments and Development Agreements
Changes to the Land Use By-law whether map amendments (rezoning) or text amendments may be
considered by Council provided they are 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
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and the amendment must comply with all other legal requirements as set out in the Municipal
Government Act.
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 is discharged by Council.
Policy 16.3.1
In considering development agreements and amendments to the West Hants
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 and other emergency services;
(Amendment WHMPS 14-01 Effective January 22, 2015)
(iv)
the adequacy of road networks adjacent to, or leading to the
development; and
(v)
the financial capacity of the Municipality to absorb any costs
relating to the development.
(b)
whether the development is serviced, or capable of being serviced, by a
potable water supply and either central sewer or an approved on site
sewage disposal system;
(c)
the suitability with any aspect relative to the movement of auto, rail and
pedestrian traffic;
(d)
the adequacy of the dimensions and shape of the lot for the intended
use;
(e)
the pattern of development which the proposal might create;
(f)
the suitability of the area in terms of steepness of grade, soil and
geological conditions, location of water courses or wetlands, and
susceptibility of flooding;
(g)
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
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(h)
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.
16.4 Subdivision Control
Subdivision includes the creation of one or more new lots, the consolidation of two or more existing lots
and the adjustment of boundaries on existing lots. All subdivision in West Hants is controlled by the
standards set out in the Subdivision By law. (Amendment WHMPS 14-01 Effective January 22, 2015)
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)
street 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 limit the number of new lots which may be
created annually in the Agriculture designation.
Policy 16.4.3
It shall be the policy of Council to require all lots to have adequate frontage on a
street. Lots existing as of the effective date of this Strategy shall be exempt from
this requirement.
Policy 16.4.4
Notwithstanding Policy 16.4.3, it shall be the intention of Council to permit the
subdivision and development of certain lots which do not meet the Land Use By-
law minimum requirements for lot frontage and area as follows:
(a)
lots created on private roads in the General Resource zone, provided
that such lots shall only be developed for seasonal dwellings, single unit
dwellings or resource uses;
(b)
lots created pursuant to Section 279 of the Municipal Government Act
which allows the approval of not more than two undersized lots where
the lot dimensions and area are not less than 90 percent of the required
minimums;
(c)
where two or more main buildings are located on a lot, subdivision is
permitted to create the same number or fewer number of lots as there
are main buildings;
(d)
lots created to remove an encroachment;
(e)
lots created on an island in the General Resource zone where there are
no public streets or private roads and the only means of access is by
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water, provided that such lots shall only be developed for seasonal
dwellings; or
(f)
lots created on a right-of-way.
16.5 Infrastructure Charges
As development continues in the Falmouth and Three Mile Plains Growth Centres, there will be a need
to ensure that the infrastructure required for water, sewage treatment, stormwater systems and streets
are sufficient to service the new growth. This will involve either the expansion of existing systems or the
construction of new systems. The Municipal Government Act allows municipalities to implement
infrastructure improvement charges through the Subdivision By-law provided this is enabled in the
Municipal Planning Strategy. These funds can be used to recover the capital costs of infrastructure, but
may not be used for ongoing maintenance costs.
Council intends to collect infrastructure charges for newly created lots in the Growth Centres, as well as
any other area where municipal water and/or sewer services are provided, as a way to defray the cost of
new or upgraded water and sewage treatment plants, stormwater systems, streets and traffic signals.
Areas where infrastructure charges are implemented are known as charge areas. The infrastructure
charges will be based on the projected number of new lots in the charge area considering zoning,
available vacant land and the projected cost of the upgrades. The infrastructure charges will be the
same for every newly created lot within the charge area regardless of lot size. Infrastructure charges
will not apply to the consolidation of lots.
As with parkland dedication fees, it is the intention that no lot will receive subdivision approval without
first paying the infrastructure charge; however, in cases of larger subdivisions, the Municipality may
enter into an Infrastructure Charges Agreement with the developer which sets out a payment plan.
Since the infrastructure charges are intended to be used for upgrades to the water and sewage
treatment systems, stormwater systems, streets and traffic signals, the Municipality will not accept
services in lieu of payment of the charges
Policy 16.5.1
It shall be the policy of Council to establish provisions for the collection of
infrastructure charges in the Subdivision By-law. These infrastructure charges
shall serve to help the Municipality to provide adequate municipal water, sewer
and stormwater systems, streets, and traffic signs and signals within the
serviced areas.
Policy 16.5.2
It shall be the policy of Council to establish >charge areas= where infrastructure
charges shall apply which encompass the areas within the servicing boundaries
of the Growth Centres and any other serviced area in West Hants.
Policy 16.5.3
It shall be the policy of Council to establish conditions in the Subdivision By-law
with respect to the payment of infrastructure charges including any agreements
with the Municipality as a condition of subdivision approval.
Policy 16.5.4
It shall be the policy of Council that infrastructure charges shall be used only for
the purpose for which they are collected.
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16.6 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 West
Hants, 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 16.6.1
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 Municipality to
the greatest extent possible, with the goal of eventual integration of planning,
capital programming and budgeting.
16.7 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 16.7.1
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.
16.8 Non-conforming Uses and Structures
Policy 16.8.1
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:
(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 square feet
(9.29 square meters) in area, of a structure containing a non conforming
use to allow for 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
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(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 16.8.2
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 16.8.1(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 16.8.3
In considering a development agreement provided for in Policy 16.8.2, 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;
(iii)
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
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(g)
any other matter which may be addressed by development agreement.
16.9 Development Officer
Policy 16.9.1
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.
16.10 Recovery of Expenses
The Municipal Government Act allows municipalities to establish fees to cover the cost of amendments
to the Land Use By law, variances and development agreements.
Policy 16.10.1 It shall be the policy of Council to levy fees from the applicant for following costs:
(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)
administrative processing costs.
16.11 Repeal of Strategy
The following West Hants Municipal Planning Strategies, and all amendments thereto, are hereby
repealed:
(a)
Falmouth Municipal Planning Strategy as adopted by Council on August 12, 1986 and
approved by the Minister of Municipal Affairs on December 22, 1986;
(b)
Upper Falmouth Municipal Planning Strategy as adopted by Council on December 20,
1988 and approved by the Minister of Municipal Affairs on April 11, 1989;
(c)
Area One Municipal Planning Strategy as adopted by Council on October 8, 1991 and
approved by the Minister of Municipal Affairs on December 16, 1991; and
(d)
Areas Two and Three Municipal Planning Strategy as adopted by Council on September
21, 1994 and approved by the Minister of Municipal Affairs on November 23, 1994.