Village of Chester Secondary Planning Strategy and Land Use By-law Review (Complete)

Please be advised that the Village of Chester Secondary Planning Strategy and Land Use By-law are now approved and in effect. Following the Public Hearing held by Municipal Council on March 20, 2025, the documents were reviewed by the Provincial Department of Municipal Affairs. Correspondence from Municipal Affairs confirmed no concerns or issues with the review. Following this, an advertisement was posted to the Municipal Website on May 9th (also ran in South Shore Bulletin on May 14th) to advise that the new documents are effective.

The new documents replace the previous SPS & LUB which was first adopted in 2004.

This post will serve to conclude the 5 year Plan Review process. On behalf of staff, a big thank you is due to members of the public, Village Planning Advisory Committee members and Council for engaging with the review and providing meaningful input and ideas. The plan made effective May 9th has significant changes if compared to the first draft released in 2023. While this type of review can at times be tense and challenging, it is the ongoing collective effort of all involved that have crafted the current documents. This makes the process more than worthy of the effort and time involved as it results in a stronger document, with more buy-in from all aspects of the community.

Copies of the final approved documents are available:

• click here for the approved Secondary Planning Strategy)
• click here for the approved Land Use By-law

(Note: copies of Schedules/Maps are available in the Document Library). If you would like a paper copy of the new documents, they are available to purchase and pick-up from the Community Development Department at 902-275-2599.

If you have any questions regarding the new planning documents for the Village of Chester, please contact planning@chester.ca(External link) or phone 902-275-2599. If you would like to apply for a permit directly, please contact development@chester.ca(External link) or phone 902-275-2599.

Once again, thanks goes out to all who participated throughout the process!

Sincerely,

Garth Sturtevant, Senior Planner

Following a well attended Public Hearing held on March 20, 2025, Municipal Council has now given Second/Final Reading to approve Draft #5 (March 2025) of the Village of Chester Secondary Planning Strategy and Land Use By-law. Approximately 90 members of the public attended the hearing. Additionally, written submissions were received from members of the public. Following input from the Public, comments and discussion by Council, the following motion was approved:

2025-158 MOVED by Deputy Warden Assaff, SECONDED by Councillor Veinotte that approve Second and Final Reading of the Village of Chester Secondary Planning Strategy and Land Use By-Law (Draft #5 dated March 2025) to replace existing Secondary Planning Strategy and Land Use By-Law approved January 28, 2004. ALL IN FAVOUR. MOTION CARRIED.

The documents have now been sent to the Provincial Department of Municipal Affairs for a mandatory review. Within 30 days of receipt the Province will confirm whether Ministerial Review is required. If Ministerial Review is required, an additional 60 day review period would be initiated. If Ministerial Review is not required, or once completed, an advertisement will be posted to the Municipality of Chester Website and run in the South Shore Bulletin to advise of the date that the new documents will take effect.

Copies of Draft #5 of the Secondary Planning Strategy and Land Use By-law are available in the "Document Library" located on the right side of this page.

If you have questions regarding the new documents please contact planning@chester.ca(External link) if you wish to discuss a potential project, permitting requirements or to begin an application, please contact development@chester.ca(External link) or phone 902-275-2599.

A BIG thank you to all who participated in this four and a half year Plan Review. We met with, heard from and discussed the documents with hundreds of residents and property owners, and each contributed in an important way to the end result. While this type of process often does not completely meet everyone's expectations or desires, staff and Council believe the resulting documents are a significant improvement and step forward. Planning documents are "living documents" and are intended to adjust and adapt over time. This means the work is not done, and ongoing concerns can continue to be discussed and addressed.

Please watch for what will likely be the final update to this page to advise when the documents have been reviewed and come into effect.

Following the previous update from the fall of 2024, the Village Planning Advisory Committee held a series of four meeting between October 2024 and January 2025. The Committee reviewed a list of items and issues provided by Council to consider changes to the draft documents. The Committee heard from members of the public and with staff support, researched and discussed various potential changes. The Committee ultimately provided a list of recommended changes to Council, which were considered at a Council meeting on February 6, 2025.

Council reviewed the recommended changes, accepted some, made revisions to others, and rejected a small number outright. The following list summarizes the changes approved by Council, which have now been implemented in Draft #5 of the Secondary Planning Strategy and Land Use By-law (copies available to download from the Document Library):

Village of Chester Land Use By-law – Summary of Changes to Produce Draft #5:

• Removed 7.3.5 Exemption for existing structures and one and two-unit dwellings from complying with parking and landscaping requirements of the R5 Zone.
• Added language to permit one residential unit in “Maple Cottage” on Regent Street
• Revised several definitions for Tourist Accommodations and Tourist Homes to better align with the forthcoming Short Term Rental Licensing By-law and Tourism Marketing Levy By-law
• Removed Core Commercial Zone from 9 properties between Duke and Water Street, exception for existing business on Duke St. to remain Commercial
• Lowered potential number of dwellings units per lot in Core Commercial as follows: 1-2 dwelling units by development permit and 3-4 units by development agreement (previous was 1-4 units by DP and 5-10 by DA)
• Maintained ability to create Accessory Dwelling Units (ADU), one per lot (subject to conditions and criteria of the Land Use By-law).

Village of Chester Secondary Planning Strategy – Summary of Changes to Produce Draft #5:

• Updated Section 6.4 Coastal Protection to reflect current approach and update (ie. Coastal Protection Act abandoned by Province)
• Added preamble and Policy P-13 to Institutional to provide for one dwelling unit in Maple Cottage
• Revised policies around Short Term Rentals to align with the forthcoming Short Term Rental Licensing By-law and Tourism Marketing Levy By-law
• Core Commercial changes to reflect direction from Council, reduction in units by right and development agreement
• Maintained policies and language in support of Accessory Dwelling Units (ADU) per conditions established in the Land Use By-law.

At a Council meeting held on February 27, 2025, Council gave 1st Reading to Draft #5 of the SPS and LUB and set a date for a Public Hearing.

The PUBLIC HEARING will be held on Thursday, March 20, 2025 at 6:00 p.m. in the Gymnasium at Chester District School, 202 Duke Street, Chester.

Residents will have an opportunity to speak at the Public Hearing or may send written comments to: Pamela Myra, Municipal Clerk, 151 King Street, PO Box 369, Chester, NS B0J 1J0 or email to pmyra@chester.ca(External link).

Written comments must be received no later than 4:30 p.m. on Friday March 14, 2025

Council may vote to approve or reject the new documents at the Public Hearing.

The Village Review (update and rewrite of existing Secondary Planning Strategy and Land Use By-law) continues into the Fall. The latest version of the draft documents (dated August 2024, available in the Document Library) were rejected by Council following a public hearing held in September. Council, hearing from residents, was not prepared to adopt the documents until further changes were made. Direction from Council was to have the Village Planning Advisory Committee (VPAC) meet to review the main outstanding issues and provide recommendations back to Council for final changes.

The list of issues Council asked VPAC to review included:

• density concerns (Accessory Dwelling Units, Multi-unit residential structures in Core Commercial Zone)
• the extent of the Core Commercial Zone
• several ideas raised by members of the public that needed further review and legal comments including implementing a moratorium on all development in the Village or whether new development could be required to install a cistern as part of the development permit process.

VPAC met on October 10th and November 12th and have provided a number of recommendations for changes to the draft planning documents. VPAC will meet again on December 10th (beginning at 3:00pm in Council Chambers, 151 King Street). VPAC meetings are open to the public to attend and view the discussion. When VPAC has concluded their work, the package of recommendations will be brought forward to Council for consideration.

The expected process will then see staff making changes to the draft documents as directed by Council. Council will then determine whether further public meetings are required or whether the documents should be prepared for adoption (following a 3rd Public Hearing).

If you have questions regarding the draft documents, attending an upcoming VPAC or Council meeting, please do not hesitate to contact us at 902-275-2599 or email planning@chester.ca(External link)

Following the initial Public Hearing held in July, Council directed staff to make several changes to the Secondary Planning Strategy and Land Use By-law. This was based primarily on the feedback and comments expressed at the Public Hearing and in written comments from members of the Public.

Council directed staff to make the following changes:

• Density Concerns - removed duplexes from R2 Zone. R1 and R2 now allow only a Single Unit Dwelling and one Accessory Dwelling Unit per lot.
• Expansion of Core Commercial - reverted the Core Commercial Zone to the existing boundaries as they have been in place since 2004 (specifically removed proposed expansion on Duke/Water Streets).
• Seawinds Subdivision - created a new R3 Zone (former R3 becomes R4 and former R4 becomes R5) to allow only Single Unit Dwelling and one Accessory Dwelling Unit per lot.
• R5 (formerly R4) Zone Density - reduced number of units from 8 to 4 by permit, 5-12 units per lot is now possible through Site Plan Approval process

With the above changes, Council again gave 1st Reading to the draft documents at a meeting held on August 8th. A new date for a second Public Hearing has also been set for Thursday September 5th, 2024. The meeting will be held in the gymnasium at the Chester Area Middle School (CAMS), 204 Duke Street, Chester beginning at 6:30pm. Members of the public may speak at the hearing and/or submit written comments to pmyra@chester.ca(External link) by Friday August 30, 2024 at 4:30pm.

At a Council meeting held on June 20th, Council gave 1st Reading to the Village Secondary Planning Strategy and Land Use By-law. Copies of this draft of the documents are available in the Document Library on the right hand side of the screen.

Council also announced a date for a Public Hearing to be held on Thursday July 11th beginning at 6:30pm. The Hearing will be held at 54 Regent Street (Tuck Hall). Members of the public may speak at the Hearing or can submit written comments to the Municipal Clerk (pmyra@chester.ca). Written comments must be received no later than Monday, July 8th at 4:30pm.

If you have questions on the Village Review, how to submit comments or questions on the process moving forward, please email planning@chester.ca(External link) or phone 902-275-2599.

Following the public meetings held in March, staff returned to Council for a discussion and to receive direction on a series of final changes to the draft documents. Those changes have now been implemented and the Final Draft of the SPS and LUB will be brought to Council on May 30th for consideration.

Copies of the Final Draft Secondary Planning Strategy(External link) and Land Use By-law(External link) are now available by clicking the links or navigating to the Document Library.

If Council is satisfied with the documents, they may give 1st reading and schedule a date and time for a Public Hearing. If Council is not satisfied with the Final Draft documents on May 30th, they may direct staff to make further changes and/or hold additional public meetings to solicit comment and feedback.

The Public Hearing is the final public meeting where written or in-person presentations and submissions may be made to Council in support or in opposition to the draft SPS and LUB. Details on the date and time of the Public Hearing will be added to this site once confirmed.

Following public meetings in Summer 2023, and discussion with Council in October, direction was provided to staff to make changes based on public input and feedback. This work in now complete and Draft #2 of the Chester Village Secondary Planning Strategy and Land Use By-law are now available.

A summary of changes from Draft #1:

• Reverted minimum lot area in R1 (ER) Zone to 40,000 sq. ft. (no change from existing), but maintained new maximum footprint and Gross Floor Area requirements;
• Removed height exemption for solar panels (panels are permitted but must comply with maximum building height);
• Maintained primary residence requirement for Short Term Rentals in Residential Zones. Added language to confirm no "grandfathering" or existing status will be granted to existing Short Term Rentals;
• Removed Corner Vision Triangle requirements for intersections (received good support but determined to be outside of Municipal jurisdiction as vast majority of roads are Provincially owned and maintained);
• Retaining walls 2m or more in height now require a development permit. When deemed necessary the Development Officer may now call for submission of geotechnical report to confirm the work will not create or worsen erosion/hazard;
• In Outer Area, commercial agriculture, which could include keeping farm animals, is now regulated by Development Agreement;
• Shipping containers that are fully clad in appropriate siding and roofing materials shall be viewed as any other structure in the zone;
• Expanded Storm water Standard to apply to developments of 3 or more dwelling units, all commercial and industrial developments, with exception for very small additions;
• Architectural Control Changes:
  • added minimum roof pitch of 2:12 for multi-unit residential and commercial buildings;
  • Vinyl siding prohibited on buildings with footprint over 140 m2;
  • Vinyl siding limited to 25% of public façade for buildings with footprint less than 140 m2;
  • Prohibited use of metal siding, concrete block, unfinished concrete, and stone veneer (faux stone);
  • added maximum height for accessory structures of 6 m;
  • Accessory structures larger than 20 m2 must comply with Architectural Controls;
  • Added provision to prohibit dirt, stone, gravel or other aggregate as being used to replace traditional landscaping and lawn areas;
• LUB Map Changes:
  • Reverted several properties along Highway 3 from R4 to HC, based on submission from Luke MacDonald representing owners of the land;
  • Reverted PID 60093572 from R4 to HC at Owner's request;
  • Small Municipal parcel adjacent Tancook Wharf rezoned to Parks and Open Space;
  • Rezoned two areas from R1 to R2, based on changes to R1 zone to maintain large existing lot size, these lots did not it the criteria of R1 and would have been limited in development potential while under R1. Areas include: Brunswick-Victoria/Regent-Union Streets and Pig Loop-Harbour Vie Lane/Nauss Point - Municipal Sewer Plant.

Draft #2 will be presented to Council on Thursday February 29, 2024. At the meeting a discussion will occur to determine the extent of the final round of public engagement, which will include at minimum one public meeting in March. This page will be updated once the final public engagement schedule has been confirmed.

Copies of the updated documents are now available in the Document Library or by following the links below:

Draft #2 of the Chester Village Land Use By-law(External link)

Draft #2 Land Use By-law Maps (Zoning)(External link)

Draft #2 of the Chester Village Secondary Planning Strategy(External link)

Draft #2 SPS Maps(External link)

Following the series of public sessions held in the summer, staff have received a large number of written comments, emails and letters in response to the draft Secondary Planning Strategy and Land Use By-law.

These comments have been categorized and documented in the What We Heard Report (available here(External link)). Copies of all original written comments (with redactions of sensitive information) are attached to the report as an Appendix.

Council will consider the report this Thursday, October 26th. The meeting begins at 8:45am in Council Chambers (151 King St.) and is open to the public to attend.

Following the meeting, staff will make changes to the documents based on the direction from Council and then produce a Final Draft for consideration and adoption. Note: a Public Hearing will be held prior to adoption which is a final opportunity for members of the public to speak or write in favour or opposition to the documents. More information on the Public Hearing will be posted and advertised when available.