|

CHAPTER 1 - INTRODUCTION
THE STRATEGY
The Municipal Planning Strategy for Chéticamp and its
surrounding communities has been prepared according to the provisions of the Municipal
Government Act and its amendments. The provincial and local contexts of the Plan Area
are shown on Map l. The Strategy covers all the land within the boundary of the Chéticamp
Plan Area as indicated on Community Map (Map 2).
The Strategy was originally prepared by the Nova Scotia Department of Municipal Affairs
and passed by the Minister on October 12, 1989. A review of this document by the Rural
Cape Breton District Planning Commission began in 1998. The Chéticamp Area Advisory
Committee invited residents participation through holding of several public meetings
and open houses to support the planning process as well as providing information on the
Rural Cape Breton District Planning Commission website.
The purpose of this Strategy is to guide the decisions of Council with respect to the
regulation of both private and public development and the provision of both public
services and facilities within the Chéticamp Plan Area.
The general goal of this Strategy is to encourage orderly growth and development in the
Plan Area and maintain a pleasant environment for both its residents and businesses.
Another goal is to enhance and maintain Chéticamps position as the
"gateway" to the Cape Breton Highlands National Park by promoting the community
as a tourism destination area.
In order to support these goals, the Strategy has identified certain objectives
followed by policies which are directed toward achieving these objectives. Council will
implement these policies as outlined in the "Implementation" (Chapter 4) of this
Strategy.
In adopting this Municipal Planning Strategy, Council does not commit itself to
undertaking any of the projects described therein but it is prevented from undertaking
"any development within the scope of the planning strategy in any manner inconsistent
or at variance therewith" (Municipal Government Act). This means that Council
cannot act contrary to the policies in this Strategy.
The main body of this Strategy consists of policy statements, each of which is prefaced
by explanatory text. Maps that are specifically referred to in the policy statements are
included in this document and they shall constitute part of this Strategy. Most
importantly, this includes the Generalized Future Land Use Maps (Map 3 and 4), which are
graphic representations of the desired land uses proposed for the Plan Area.
The boundaries of the Plan Area will apply to the communities of Chéticamp, Petit
Étang, Point Cross, Plateau, Belle Marche, La Prairie and Chéticamp Island. The areas
are identified on Map 2.
OBJECTIVES
This Municipal Planning Strategy is a planning
document which details the methods and procedures formulated and formally adopted by
Council for the purpose of organizing development and land use activity including
municipal services. The Strategys policies are statements of Councils wishes
and intentions to clarify and implement the goals of the Strategy which are listed in the
following manner:
| IT SHALL BE A GOAL OF COUNCIL: That this
Municipal Planning Strategy provides a framework and a process whereby the various
attributes of the community can be protected and stabilized.
To control land use and development in a manner that will preserve, enhance and protect
both the natural and manmade environments of the community.
To encourage preservation of the architectural and cultural heritage of Chéticamp and
to minimize, where possible any negative impact that may result from new development.
To improve, expand and maintain municipal services and facilities to acceptable
standards to the extent of the Municipalitys financial capabilities.
To control land use and development in a manner that will minimize and reduce land use
conflicts in a manner that is compatible with the communitys service infrastructure.
To encourage and promote Chéticamp as a "Tourism Destination Area" within
Inverness County and to enhance the stabilization of the economic means of the community.
To promote Chéticamp as the "prime fishery centre" within Inverness County
and to encourage both the public and private sectors to work together so that modern and
updated facilities and techniques can be undertaken in the industry.
To seek to improve employment opportunities in Chéticamp by encouraging new Commercial
and Industrial development to locate in specific areas of the community rather than the ad
hoc approach as used in the past. |
THE
ANTICIPATED FUTURE
It is anticipated that the following trends, which the
community wants to promote, will develop over the duration of this Strategy.
- An increase in population resulting from the projected new development and investment in
the community;
- The industrial and commercial base will continue to diversify beyond the fishing and
tourism industries;
- A development or redevelopment of Central Business District will continue;
- A working together of residents and community groups which benefits additional community
assets such as the arena and the golf course.
CULTURAL AND HISTORIC
BACKGROUND AND COMMUNITY AGENCIES
This Acadian region of Cape Breton (the communities of
Chéticamp, and immediate area, St. Joseph du Moine and Margaree) extends in a linear
fashion about 40 kilometers along the Gulf of St. Lawrence and includes approximately 4500
people, most of whom are descendants of the Acadian settlers. Many of these settlers were
sent to England during the Seven Year War from 1756-1763. At the end of the war, they were
transferred to the coasts of France, where they remained for about 10 years. Between 1773
to 1775, these settlers left France to return to their homeland along the shores of the
Gulf of St. Lawrence. In about 1785 they found refuge along the mountains of the Cape
Breton Highlands. Later they settled near the sea to be near their boats and fishing.
In spite of the fact that the Acadians were isolated for nearly two centuries by the
mountains and by the Gulf of St. Lawrence, they maintained their french language and
culture. During this period, fishing was the economic mainstay of the community and it
remains so today. Recently, however, the tourism industry has also become a major factor
in the life and economy of Chéticamp. It has had an important impact on the streetscapes
of Chéticamp and on its heritage.
LA SOCIÉTÉ ST-PIERRE
After the Second World War, a group of devoted people
from this region founded "La Société St-Pierre". Its main objectives were to
preserve Acadian heritage and to promote the intellectual, cultural, social and economic
aspects of the Acadian people of Cape Breton. For nearly twenty years, La Société
St-Pierre focused mainly on post-secondary education by providing loans to students from
money raised from door to door collections and from church parishes in the region. After
the Provincial Government took over the administration of student loans, La Société
St-Pierre turned its attention to the other former initial objectives.
In March 1978, the Cape Breton Development Corporation (DEVCO) gave a grant to La
Société St-Pierre to build a cultural centre. The centre, known as "Les Trois
Pignons" or "the three gables" contains the offices of La Société
St-Pierre and comprises a cultural and information centre for tourists and local residents
alike. It is a place where one can obtain information pertaining to such things as Acadian
history, genealogy, and the rug hooking industry. Visitors may also tour the local Museum
which contains the historic tapestries prepared by Elizabeth LeForte.
CHÉTICAMP DEVELOPMENT COMMISSION
In the fall of 1983, a group of individuals
representing a broad cross-section of community established an agency (Development
Commission) to encourage and promote economic growth and development in the area. The
objective of the Commission is to undertake developmental planning and promotion within
the Chéticamp Area. This includes opening lines of communication between the local people
and the three levels of government. The Development Commission, therefore, has performed
and continues to perform a key liaison function with the community.
In addition, the Municipality of the County of Inverness, after discussion with the
Commission, decided to undertake the preparation of a Municipal Planning Strategy and Land
Use By-law for Chéticamp. The program was later expanded to include the neighbouring
communities of Petit Étang, Plateau, La Prairie, Point Cross and Chéticamp Island.
To achieve this, the Municipality appointed an Area Planning Advisory Committee. This
committee was responsible for seeking local input and for drafting the planning documents
and then presenting the documents to the Planning Advisory Committee and on through to
Council for approval.
In 1999 the Chéticamp Development Commission commissioned a study of the Acadian
region from Belle Cote to the Cape Breton Highlands National Park. This study, completed
by EDM, consisted of proposals for the future development of the region.
PHYSICAL ENVIRONMENT
The geographical environment of the Chéticamp Plan
Area is characterized by two main features - the Cape Breton Highlands and the Gulf of St.
Lawrence. The beauty and the variety of landscapes and coastal scenery offer an ideal
setting for this coastal community.
The land features to the north and east consist of the Cape Breton Highlands. They rise
from the shore of the Gulf to an elevation of some twelve hundred feet. However, the land
within the Plan Area is generally characterized by gently rolling hills with slopes from
three to eight percent.
Apart from the surrounding Highlands, Chéticamp Island is the second most important
topographical feature of the Plan Area. This land form provides a sheltered harbour for
the many fishing boats and pleasure crafts in the Plan Area. The Island also has some of
the best soils for agriculture purposes. A vast majority of the landholdings on the island
is in public ownership and leased to private individuals for agriculture purposes (grazing
and pasture).
SETTLEMENT PATTERNS AND SUB AREA BOUNDARY
The present settlement patterns in the Plan Area have
been characterized by their close relationship to the harbour and the Highlands. This is
evident when one views the linear development pattern which follows the main coastal road
(Cabot Trail) and the secondary roads located throughout the Plan Area. Several connector
roads link these secondary roads causing development to occur on the most accessible
routes.
To help simplify the planning process, the Strategy divides the Plan Area into two sub
areas, Chéticamp Proper and the Rural Community. Each sub area is looked at with respect
to major land use categories and municipal services or the lack of services. Within each
of these two sub areas, specific policies of land use designations and homes have been
established to enhance and guide the future development portion of each area. Refer to Map
2 which illustrates the two planning sub areas.
This development pattern is further illustrated when compared with the population data
for the Plan Area as a whole. As illustrated in the following table, Chéticamp Proper
represents the largest community of the remaining seven identified in the Plan Area.
TABLE l - POPULATION TRENDS (1971-1996)
|
1971 |
1976 |
% |
1981 |
% |
1986 |
% |
1991 |
% |
1996* |
%* |
| Chéticamp |
1016 |
1027 |
10.8 |
1011 |
-1.6 |
984 |
-2.7 |
979 |
-0.5 |
1,035 |
6 |
| Petit Étang |
438 |
294 |
-32.9 |
345 |
17.3 |
357 |
1.7 |
394 |
10.4 |
924 |
* |
| Point Cross |
198 |
255 |
28.8 |
269 |
5.5 |
223 |
-17.1 |
232 |
4.0 |
741 |
* |
| Plateau |
347 |
382 |
10.1 |
401 |
5.0 |
506 |
26.2 |
460 |
-9.1 |
657 |
* |
| Belle Marche |
301 |
240 |
20.3 |
359 |
49.6 |
276 |
-23.1 |
290 |
5.1 |
N/A |
|
| Chéticamp Is. |
N/A |
N/A |
N/A |
58 |
N/A |
21 |
-63.8 |
60 |
185 |
N/A |
|
| La Prairie |
N/A |
N/A |
N/A |
170 |
N/A |
158 |
-7.1 |
154 |
2.5 |
N/A |
|
| TOTAL |
2,300 |
2,198 |
-4.4 |
2,443 |
11.15 |
2,367 |
-3.0 |
2,569 |
8.5 |
3,357 |
30 |
Source: Census Canada
* in 1996, the Census Divisions were changed: Division 310 includes Point
Cross, St Joseph du Moine, Cap Le Moine and Terre Noire; Division 311 includes Point
Cross, Plateau and Chéticamp Island; Division 313 includes Belle Marche, Redman, Petit
Etang and La Prairie and Division 314 includes Chéticamp Proper.
Chéticamp Proper therefore is the centre of not only the Plan Area, but
of the northern portion of Cape Breton Island and in particular Inverness County.
Chéticamp is the only centre within this part of the Island which has sufficient
resources to provide a relatively broad retail base desired by the majority of residents.
This secondary trade area (outside Chéticamp) provides additional stability for the
community and at the same time establishes an urban spirit and a center for community
services and facilities (i.e. churches, hospital, schools and recreational facilities).
These facilities are utilized by the entire region so that one gets the impression that
Chéticamp area is one community and not broken down in several independent communities.
CHAPTER 2 - LAND USE
PATTERNS AND POLICIES
A. CHÉTICAMP PROPER
RESIDENTIAL, INSTITUTIONAL AND
RECREATIONAL
Introduction
Historically, residential development occurred near the shores of
Chéticamp Harbour on properties adjacent to the Cabot Trail or on property fronting on
short public and private lanes or streets running perpendicular to the Cabot Trail. Over
the years as demand for housing increased new dwellings were constructed in an eastward
direction toward the "Highlands".
In the older part of Chéticamp Proper, many families allowed the
subdivision of their landholding, creating rear lot housing for members of their family.
Today, many homes are located on short lanes, (many of which are not maintained by the
Provincial Department of Transportation). Some lanes may serve upward of two to five
dwellings.
The composition of the housing stock is characterized by high percentages of home
ownership with the single family dwelling being the most predominant type of housing.
There is a small amount of rental housing, but there is basically no surplus housing
available in the community.
At the time the first Planning Strategy was completed, less than five percent of all
households lived in two unit dwellings, less than three percent live in multiple family
dwellings (apartments and senior citizen housing constructed for the Nova Scotia
Department of Housing) while more than ninety two percent live in single detached
dwellings. This settlement pattern has not changed drastically since that time.
During the past two decades, residential development has spread into the rural
community most notably in an eastern and northern direction from the community centre.
There are many large land locked parcels of land on which new residential development
could expand. However, development of these parcels is unlikely to occur until such time
as a new connector road is constructed from the intersection from Chemin de la Butte à
lOurs and the Cabot Trail along the east boundary of Chéticamp Proper north to and
joining back on the Cabot Trail near the south intersection of Chemin de lAnse des
Bois Maries. The development climate in Chéticamp Proper is such that subdivision is
unlikely to construct new roads. Therefore, it will only be through a government sponsored
program that new roads will be constructed to open up lands for new housing.
With respect to modern land development patterns, there are no new subdivisions in
Chéticamp Proper or in the Rural Community. Over the years, roads have been built, or
small lanes/driveways formed and homes constructed along them. The dimensions of the lots
reflect the traditional Acadian approach to land division. For this reason outside
Chéticamp Proper the land frontage requirements have been reduced to 20 feet which is the
standard set in the Inverness County Subdivision By-law. Lot division will still be
subject to Dept of Environment requirements for on site septic systems.
It is unlikely that this development pattern will change in the near future unless some
public agency or government department is convinced that new connector road or roads are
necessary for the continual growth of this community. If this occurs then it is possible
to see a substantial change in the layout of certain parts of the community. If this does
not occur, then housing will continue to develop in a linear fashion along existing roads.
Mobile Homes
There are at present several mobile homes located within
Chéticamp Proper Area. All are located on individual lots with the majority of these
serviced by on-site sewer and water. Mobile home owners in the past have been free to
locate mobile homes on any piece of land. Council is now of the opinion that mobile homes
shall not be permitted in Chéticamp Proper since the use does not comply with the theme
of the "Historic Acadian Village," nor will it be in keeping with the business
communitys efforts to enhance the tourism industry. Therefore, new mobile homes will
be prohibited in Chéticamp Proper. However the existing mobile homes will be treated as
permitted uses within the Residential General (R-1) zone whereby Council will allow the
replacement of the existing mobile home.
This exclusion of mobile homes in Chéticamp Proper also extends to mobile home parks.
However, Council is of the opinion that both mobile homes and parks should be permitted in
the rural community.
Municipal services are only available in the form of a central sewer system. A
Provincially owned (Department of Environment) and operated water system provides water to
the Fishermens Co-operative Fish Plant, National Sea Products, Poiriers Fish Haven,
the Laundromat, Lauries Motel, the School, Hospital and Fire Department. A private
water system (owned and maintained by individual property owners under common agreement)
services 30-40 homes by way of two deep wells located near the golf course. Private wells
and on-site sewage treatment facilities serve the remaining residents of Chéticamp
Proper.
Institutional and Recreational Uses
There are several institutional and recreational uses located in
Chéticamp Proper. These uses are located in two sectors, one at the northern end of the
community and the other at the southern end. The breakdown of each sector is as follows:
located at the northern end are; Les Trois Pignons cultural centre and museum, the
community arena and a portion of the 18-hole golf course is located in Chéticamp Proper.
In the late 1990s the southern end underwent a great transition. The old hospital was
demolished after a new health care complex opened in July, 1999. This complex has 10 beds
with coronary care and intensive care units. In addition, it houses a medical clinic,
community services such as home care, social work, dietician, drug treatment centre and a
mental health clinic and is attached to a nursing home. The nursing home, which serves the
area from Margaree to Pleasant Bay, has 60 beds and a waiting list of over 100. There are
several other apartment units available in the Chéticamp area for seniors and low income
families including Manoir St. Pierre with 24 units, Bellevue Apartments in Grand Etang
with 15 units and Pere Patrice LeBlanc on the Cabot Trail with 56 units. A new school with
two sections, the Cape Breton Highlands Education Centre (P-8) and the Cape Breton
Highlands Academy (9-12) will open in September 2000 in Belle Cote. This building will
serve the area from Margaree to Pleasant Bay for English and French Immersion Instruction.
It is anticipated that 595 students will attend this school with a maximum capacity of 780
in the 26 classrooms. French language education through Le Conseil Scholaire Acadien
Provincial (CSAP) will continue at Notre Dame Academie in Chéticamp. In addition a
church, a rectory, community hall and handicraft shop for the handicapped, and a baseball
diamond and tennis court are located at the southern end of Chéticamp.
These uses are all considered to be in harmony with the residential neighbourhoods and
therefore should be designated Urban Residential and zoned Residential General (R-1). New
institutional uses such as schools, churches, museum, hospitals, cultural centres and
public recreational uses (i.e. ball fields, tennis courts, tot lots, arenas, golf courses
and associated buildings), shall also be permitted uses in the Residential General (R-1)
zone.
In order to improve the existing development patterns, Council is of the opinion that
proper designations be given to the Residential Sector, that proper zoning categories be
developed in conjunction with these designations and suitable development standards be
included in the Land Use By-law.
To undertake this, the following policies will be adopted.
| POLICY 1-1 |
It shall be the policy of Council to designate the
urbanized residential portions of Chéticamp Proper as "Urban Residential" as
shown on the Generalized Future Land Use Map. (Map 3) |
| POLICY 1-2 |
It shall be the policy of Council to establish in the Land
Use By-law a Residential General (R-1) Zone which will apply to the majority of lands of
Chéticamp Proper designated "Urban Residential". |
| POLICY 1-3 |
It shall be the policy of Council to permit within the
Residential General (R-1) Zone, the following and similar types of uses: single detached
dwellings, semi detached and duplex dwellings, converted dwellings up to two units, four
unit dwellings, existing multiple unit dwellings, boarding homes, tourist and guest homes,
day nursery, senior citizen homes, nursing homes providing special care, hospitals,
community and cultural centres, schools, churches, cemeteries, hospitals, museums, parks,
public recreational facilities including golf course arena and associated uses and
existing mobile homes. |
Historic Acadian Village
A portion of the residential community adjacent the Central Business District has
developed as an example of an historic Acadian village. Many of the existing dwellings in
this portion of Chéticamp Proper reflect the history of the area. It is anticipated that
new development occurring within this area will continue to reflect the historic Acadian
architecture. Council feels that a separate zone should be established for this area to
expand upon the history and culture of the Acadian region. Due to the proximity of this
area to the Commercial areas of development in Chéticamp, there has been some desire to
allow for limited commercial development in this area. Public parking is available on the
west side of the Cabot Trail and businesses developing in this area could encourage
customers to use those facilities and use existing pathways to access the businesses. In
defining permitted commercial development, Council feels that uses such as small sales or
professional offices, hairstylists, barber shops, and artisan workshops which are
permitted as home occupations should be permitted as of right but that the size of this
development should be limited to reflect nature of the small lots and structures. In
addition, any alterations to the structures should reflect the traditional architecture of
the area.
| POLICY 1-4 |
It shall be the policy of Council to establish in the Land Use By-law a
Historic Residential (R-2) Zone and an area on the east side of the Cabot Trail adjacent
to the Central Business District shall be zoned R-2. |
| POLICY 1-5 |
It shall be the policy of Council to require all development in the
Historic Residential (R-2) Zone to comply the same lot standards as found in the
Residential General (R-1) Zone. |
| POLICY 1-6 |
It shall be the policy of Council to permit within the Historic
Residential (R-2) Zone, the following and similar types of uses: single detached
dwellings, converted dwellings up to two units through internal conversion, duplex
dwellings tourist and guest homes, boarding homes, day nursery, parks and community
centre, public recreational facilities, and small sales or professional offices,
hairstylists, barber shops, and artisan workshops under 1000 ft2. |
| POLICY 1-7 |
It shall be the policy of Council to promote the compatibility of any
alterations with other buildings in the Historic Residential (R-2) Zone in terms of
exterior material used, scale, and exterior appearance including roof lines. |
Multiple Family Dwellings
As Chéticamp Proper area develops, it is predicted that there
will be a demand for multiple family dwellings. At present, conventional apartment
buildings, including conversions are relatively rare with the exception of a new senior
citizen housing project located on La Pointe du Havre and the existing nursing home
providing special care located adjacent to the parish church. These two uses have been
designed and built through a joint effort of Canada Mortgage and Housing and the
Provincial Departments of Housing and Social Services. These two buildings for the purpose
of this document will be permitted uses in the Residential General (R-1) zone as multiple
family dwellings.
The establishment of the traditional apartment building, representing a significantly
higher density than that created by the existing residential development in the built up
area, could have an adverse effect on the existing low density development and on the
existing sewer system. Council therefore intends to establish a policy that continues to
provide the present stability of the residential neighbourhoods, while at the same time
ensuring the proper functioning of the sewer system. A new apartment building or
conversion of an older building containing up to four dwelling units will be permitted
as-of-right in the "urban residential" designation provided Municipal Sewer
services are adjacent to the site. Apartment buildings or conversions containing 5 units
or more will be permitted through the amendment process.
| POLICY 1-8 |
It shall be the policy of Council to establish in the Land Use By-law a
Residential Multiple Family (R-3) zone in which multiple family dwellings (5 or more
dwelling units) and row or town houses will be permitted. |
| POLICY 1-9 |
It shall be the policy of Council to consider rezoning to the Residential
Multiple Family (R-3) zone within the Urban Residential designation by development
agreement as provided for by the Municipal Government Act. In considering a
proposal for a development agreement as stated in Policy 1-8, it shall be a policy of
Council to have regard to the following:
a) that the proposed development is capable of being serviced by the municipal sewer
system and that the proposal will not cause the system to exceed capacity;
b) that adequate off-street parking can be provided;
c) that the proposal does not cause the capacity of the school or road systems to be
exceeded;
d) that the proposal is in an area designated "Urban Residential" or "Mixed
Use"; and
e) that the proposal complies with the criteria found in Policy A-3, Chapter 4.
|
Home Occupations
Businesses which can be operated within a dwelling, commonly called a "Home
Occupation" and which entail no outdoor storage, limited use of signs, and no
activity which would have a detrimental impact on the surrounding neighbourhood, can be
beneficial in residential areas. In most cases, the operator benefits from reduced start
up and operating costs while residents can benefit from the close proximity to a service
or convenience. The scale of these home occupations is usually limited by the size of the
residence or accessory building. Therefore, these operations will be smaller in size than
a business located in a commercial building.
Due to a number of these factors, many small businesses are now operating from the
residence of the owner, or if not in the residence itself, in an accessory building such
as a garage or shed. These uses, for example, small sales or professional offices, hair
stylists including a barber shop, artisan workshops, and small engine (lawnmower, chain
saw, etc.) repair facilities and backyard mechanics where minor repairs to motor vehicles
and small engine repairs are undertaken provide a valuable service to the community.
Policies have been designed to permit these developments within residential
neighbourhoods, provided the scale remains small, and the home occupation remains
unobtrusive.
| POLICY 1-10 |
It shall be the policy of Council to permit home occupations such as small
sales or professional offices, hairstylist, barber shop, artisan workshop and backyard
mechanics in any dwelling or accessory building in the Residential General (R-1) or
Residential Historic (R-2) Zone subject to the Land Use By-law. |
Commercial General
In the Residential designation there are a number of existing commercial uses
which for one reason or another provide a service to both the residents and the travelling
public. These uses appear to cause little hardship to the adjacent residential properties,
but may interfere with a vibrant Central Business District. However, it is generally felt
by Council that they should be zoned Commercial General (C-3).
Council is also of the opinion that there should be a limitation placed on new
commercial development within Chéticamp Proper. Therefore, it is proposed that Council
will not consider the rezoning of any additional property for commercial use outside the
designated areas and those already in existence on the effective date of the Land Use
By-law.
| POLICY 1-11 |
It shall be the policy of Council to establish in the Land Use By-law a
Commercial General (C-3) zone which shall apply to existing commercial uses located in the
Residential designation. |
| POLICY 1-12 |
It shall be the policy of Council to permit within the Commercial General
(C-3) zone the following and similar type of uses: funeral homes, insurance and real
estate offices, craft and gift shops, restaurants and take out restaurants, motels and
associated uses, professional offices, printing shops, retail stores, oil burner service
and repair outlet, electrical service repair outlet, a parking lot, and rental cottages. |
| POLICY 1-13 |
It shall be the policy of Council to not permit the rezoning of any
additional property for commercial use outside the designated areas and those not already
in existence on the effective date of the Land Use By-law will not be considered. |
Outdoor Storage and Parking of Commercial Motor Vehicles
Within the R-1, R-2 or R-3 Zones, it is felt that outdoor storage of building and
mechanical materials which relate to a home occupation (except those used with respect to
an on-site construction project) should be prohibited and the parking of commercial motor
vehicles (excluding trucks three tonnes or more but including, hearses, buses and
tractors) on residential properties or vacant lots be prohibited.
| POLICY 1-14 |
It shall be the policy of Council to prohibit the outdoor storage of
building and mechanical material and to prohibit the parking of commercial motor vehicles
(excluding trucks that exceed three tonnes but including hearses, buses and tractors) on
residential properties or vacant lots located in the R-1, R-2 or R-3 zones within
Chéticamp Proper. |
Light Industrial
At present, there is only one major industrial building other than the
fishery-related uses such as the fish plants, wharves, and buying stations within the
Central Business District. The use (Industrial Welding Ltd.) is located in the midst of
the community just south of Chemin Laurie and set back some distance from the Cabot Trail.
The building, at present, contains a combination of Commercial and Residential uses.
However, because the property is located in the midst of a commercial and residential
neighbourhood, Council is of the opinion that expansion or a change of use to an
Industrial use should occur by development agreement.
Council is of the opinion that until such time as infrastructure can be provided within
the area designated "Mixed Use", light industrial fabrication facilities should
be accommodated within the "Urban Residential" designation through a development
agreement. These facilities shall be limited to those 10,000 square feet or less in floor
area.
| POLICY 1-15 |
It shall be the policy of Council to consider light industrial fabrication
facilities 10,000 square feet or less in floor area within the Urban Residential
designation by development agreement as provided for by the appropriate sections of the Planning
Act. |
| POLICY 1-16 |
In considering a proposal for a development agreement as stated in Policy
1-15, it shall be a policy of Council to have regard to the following:
a) The potential to adversely affect adjacent residential or commercial uses.
b) The architectural design, including the scale of any building and its exterior finish
is compatible with adjacent uses.
c) Total area used for outdoor storage and adequate provisions of artificial or natural
screening devices.
d) The impact of the proposed expanded use on traffic volumes and the local road network,
as well as traffic circulation, sighting distances and entrance and exit to and from the
site.
e) That adequate buffering and setback distances are maintained from low density
residential or commercial uses and that landscaping treatments are included to reduce the
visual impact.
f) The expanded or new use is not obnoxious by virtue of noise, odour, dust, vibration,
smoke, or other emission.
g) The hours of operation.
h) The proposal meets all the pertinent policies of the Strategy, including Policies A-5
and A-6 as provided for in Chapter 4 of this Strategy.
|
WATERFRONT
Under the leadership of the Commission de Developpement de
Chéticamp, Chéticamps waterfront is undergoing dramatic changes. The
waterfront is being opened to both residents and tourists as a result of the waterfront
development project sponsored by the Commission. A boardwalk, amphitheatre, marina,
landscaped parking facilities, public restroom facilities, small commercial ventures, look
offs, cat walks, benches and picnic tables are all planned along a one kilometre section
of the Chéticamp waterfront from the Government Wharf to the Chéticamp Fish Plant.
In addition to the planned development in this area, there are a number of fishery
related uses. These consist of fish plants and buying stations, a government wharf and
breakwater for the fishing boats and a building material and marine supply outlet which
provides services to both the fishery and the construction industry. The new public
facilities must successfully be integrated into a harbour that remains the centre of the
local fishery and marine related industries. Careful planning is necessary to ensure that
the commercial and public uses that are becoming increasingly prevalent on the waterfront
do not interfere with the operation of industries which rely on access to the Harbour.
It is generally felt that all fishery related uses are in keeping with this Waterfront
designation, particularly for Chéticamp Proper. Therefore, industrial uses such as the
fishery and other marine related uses will continue to be permitted and encouraged on the
Chéticamp waterfront through the development agreement process to ensure that conflicts
between these industrial land uses and recreational/commercial land uses are minimized.
The fishery and other marine industries are the history of the community and continue to
play a major role in the economy of the area. Likewise, the growing importance of the
tourism industry and the importance of the Chéticamp waterfront as a tourism resource is
protected and promoted.
Council has recognized that traditional designations and zones will not adequately
manage these types of waterfront development. Therefore, Council intends to create a
"Waterfront" designation and a zone with standards specifically designed to
accommodate the range of uses on the Chéticamp waterfront and to protect the natural and
built heritage of the waterfront. These standards also recognize the value of the
waterfront as an economic, recreational, cultural, and social resource that should be
maximized.
| POLICY 2-l |
It shall be the intention of Council to designate lands west of the Cabot
Trail between the Oceanview Motel and the intersection of the Cabot Trail and La Pointe au
Havre "Waterfront" as illustrated on the Generalized Future Land Use Map. (Map
3) |
| POLICY 2-2 |
It shall be the intention of Council to establish in the Land Use By-law a
Waterfront (W) zone and to permit within this zone the following and similar types of
uses: parks and playgrounds, public facilities, existing residential dwellings, two unit
apartments where the ground floor of the structure is devoted to commercial uses, existing
commercial and industrial uses, existing business and professional offices, restaurants
and fast food outlets under 1,000 square feet, retail stores under 1,000 square feet,
tourist services under 1,000 square feet, boat, bicycle, motorcycle, other rental
equipment shops under 1,000 square feet, amphitheatres, marinas and existing marina
facilities, government wharves and associated uses, and expansions to existing residential
uses. |
| POLICY 2-3 |
It shall be the intention of Council to consider expansion of existing
uses and the following and similar types of uses in the Waterfront (W) zone: Restaurants
and Fast Food Outlets over 1,000 square feet, Retail Stores over 1,000 square feet,
Tourist Services over 1,000 square feet, Boat, Bicycle, Motorcycle, Other Rental Equipment
Shops over 1,000 square feet, Hotels, Motels, Inns, Other Tourist Lodging Facilities,
Multiple Use Structures including multiple unit dwellings with more than two units (Ground
Floor must be entirely devoted to commercial uses), Industrial Uses, Offices, Ferry
Terminals, Museums, Beverage Rooms/Lounges, Places of Entertainment, Community and
Cultural Centres, and Marinas and Marina Facilities by development agreement as provided
for by the appropriate sections of the Municipal Government Act, and Policy 2-4,
Policy A-4, and Policy A-5 of this Strategy. |
| POLICY 2-4 |
In considering a proposal for a development agreement as stated in Policy
2-3, it shall be a policy of Council to have regard to the criteria identified in Policy
A-5 of this Strategy and the following in the Waterfront (W) Zone:
(a) that the proposed use meets the Waterfront zone standards;
(b) the compatibility of the proposed building(s) or structure(s) with other buildings in
the Waterfront (W) Zone in terms of exterior material used, scale, and exterior
appearance;
(c) the development is compatible with the boardwalk and, where possible, connects to the
boardwalk;
(d) the adequacy of loading areas for the development;
(e) the adequacy of parking for the development;
(f) the material composition and size of any proposed signage is compatible with adjacent
uses; and
(g) the development is served by municipal sewer services.
|
| POLICY 2-5 |
It shall be the policy of Council to prohibit outdoor storage in the
Waterfront (W) zone except for storage directly related to fishery and marine uses. |
COMMERCIAL
The most predominate concentration of commercial development in the Plan Area is
located along the Cabot Trail in Chéticamp Proper. These uses are clustered in specific
locations commencing at the Co-op Store/Acadian Restaurant at the southern boundary and
extending in a northward direction approximately three kilometers to an area adjacent the
Doryman Beverage Room and the take-out restaurant. In a number of cases, this commercial
development is located on both sides of the Cabot Trail.
Within this three kilometre stretch, there are at least three separate pockets of
commercial development, all of which are separated by some form of residential
development.
Central Business District
The Central Business District in its present form contains several
motels and associated dining rooms, tourist cabins, restaurants, a large combined grocery
and hardware store, a bank, post office, pharmacy, beverage room, several clothing stores,
legion, laundromat, auto parts store, beauty salon and barber shop, variety store, a
number of professional offices, a service station and two welding shops. Several of these
commercial uses have residential uses located on the second level. There are also a number
of existing single family dwellings in the immediate area of the commercial development.
In order to simplify the principal of trying to establish boundaries for a vibrant
Central Business District, Council is of the opinion that all land on the east side of the
Cabot Trail, commencing at Robins IGA extending northward to the take-out restaurant be
designated for commercial use. Within the designation, one zone will be established for
all commercial development.
| POLICY 3-1 |
It shall be the policy of Council to designate the lands on the east side
of the Cabot Trail commencing at Robins IGA extending northward to the take-out restaurant
as "Central Business District" as shown on the Generalized Future Land Use Map
(Map 3). |
| POLICY 3-2 |
It shall be the policy of Council to establish in the Land Use By-law a
Commercial Business District (C-1) Zone and all the lands designated "Central
Business District" shall be zoned C-1. |
| POLICY 3-3 |
It shall be the policy of Council to permit within the Commercial Business
District (C-1) zone the following and similar types of uses: motels, hotels and associated
uses, tourist cabins, grocery stores, retail shops, banks and finance institutions, post
office, pharmacy, automobile service stations including a car wash, laundromats, beauty
salons, personal services establishments, restaurants, and drive-in restaurants, beverage
rooms and lounges, business and professional offices, construction and marine supply
outlet, entertainment centre, tourist and guest homes, museum, public parks, library,
boats, bicycles, snowmobile and accessory trailers, sales, service rental and supplies,
garden and nursery sales and supplies, residential development located in the same
building as the commercial use and existing residential dwellings. |
| POLICY 3-4 |
It shall be the policy of Council that lots in residential use within the
Central Business District at the time of adoption of the Land Use By-law shall be deemed
to be permitted uses in the C-1 zone and may be expanded or rebuilt in accordance with the
Residential General (R-1) zone requirements. |
Highway Commercial
Council has also recognized the fact that there will be a demand
for Highway Commercial uses, where large land parcels will be required. Therefore, it is
proposed that two areas be designated "Highway Commercial" within Chéticamp
Proper. The first area is identified as being the area of land in the centre of the
community which contains the Irving sales office and storage tanks, Irving Service
Station, fire department, bowling alley, liquor store, clothing store, professional
offices, the RCMP detachment and the Post Office. Several residential properties are also
located within this designation.
The second designation will be at the mini mall at the northern end of Chéticamp
Proper. This facility contains the Stedmans store, Radio Shack, home hardware,
furniture store, video shop and adjacent trucking firm which also has land holdings on the
opposite side of the highway. It is intended that the mini mall and trucking firm land
holdings will be zoned Commercial Highway (C-2).
Within both designations additional land is available for new development or
re-development.
| POLICY 3-5 |
It shall be the policy of Council to designate two areas of the community
as Highway Commercial, namely the area in the centre of the community containing the
Irving sales office and storage tanks, the Irving Oil Service Station, liquor store,
bowling alley, fire department, clothing store and professional offices, the RCMP
detachment and the post office and extending southward on the harbour side of the highway
to include the Government Wharf; and the second being the mini mall housing the
Stedmans store, furniture store, Radio Shack, home hardware, video shop and adjacent
trucking firm which includes lands on the east side of the Cabot Trail as shown on the
Generalized Future Land Use Map (Map 3) |
| POLICY 3-6 |
It shall be the policy of Council to establish in the Land Use By-law a
Commercial Highway (C-2) zone which shall initially apply to the majority of lands located
in both areas designated "Highway Commercial." |
| POLICY 3-7 |
It shall be the policy of Council to permit within the Commercial Highway
(C-2) zone the following and similar types of uses: beverage room and lounges, bowling
alley, grocery store, automobile service stations including car wash, automobile sales and
service facilities, restaurants and drive in restaurants, retail stores, motels or hotels
and associated uses, tourist and guest homes, banks and financial institutions, funeral
home, automobile sales and service facilities, places of entertainment, personal service
facilities, professional offices, animal hospital and clinic, government wharves and
associates uses and existing residential dwellings and residential uses in the same
building as the main use. |
| POLICY 3-8 |
It shall be the policy of Council to consider rezoning from R-1 to C-2
within the Commercial Highway designation. In considering a proposal for a rezoning
provided the criteria found in Policy A-3, Chapter 4 are followed. |
| POLICY 3-9 |
It shall be the policy of Council that lots in residential use in the
Highway Commercial designations at the time of adoption of the Land Use By-law shall be
deemed to be permitted uses in the C-2 zone and may be expanded or rebuilt in accordance
with the Residential General (R-1) zone requirements. |
| POLICY 3-10 |
It shall be the policy of Council to exempt the front and rear yard lot
standards for proposed new developments or expansion to existing buildings in the
Commercial Highway (C-2) Zone where the property is located on the west side of the Cabot
Trail between the highway boundary and Chéticamp Harbour. |
Parking in Commercial Areas
A major issue in Chéticamp is the conditions for off-street
parking along both sides of the Cabot Trail. Although this area is the main commercial
centre of the community, there is very little off-street parking. Most businesses lack
parking, therefore motorists are required to park "on-street." Adding to this is
the large number of transport trucks which service both the business community and fish
plants. These trucks, when parked, have a direct effect on the flow of traffic especially
during business hours and early evening when they are in the process of loading and
unloading fish products and other transportable goods.
Council and the Chéticamp Development Commission have undertaken a study to determine
methods of overcoming the parking problem. A consultants report has recommended and
identified several parcels of land within the Central Business District which could
eventually be purchased, developed and operated as parking lots. Since that time several
public parking areas have been established on the Chéticamp Waterfront.
In the meantime, however, it is proposed that off-street parking be required, where
possible, for commercial uses on individual lots. As more public parking becomes
available, Council will give consideration to amending this Strategy and the Land Use
By-law by removing the parking requirement and setting up a means of providing and
maintaining parking lots within the Central Business District.
| POLICY 3-11 |
It shall be the policy of Council to ensure that adequate off-street
parking is provided, where possible, for all new development in both the "Central
Business District", and the "Highway Commercial" designations as specified
in the Land Use By-law. |
| POLICY 3-13 |
It shall be the policy of Council to allow a new commercial use to occur
on a vacant lot in a commercial zone where such use cannot comply with the loading
standards or parking standards of the Land Use By-law. |
| POLICY 3-15 |
It shall be the policy of Council to require specific standards to be
included in the development of parking lots which contain in excess of four parking paces. |
| POLICY 3-16 |
It shall be the policy of Council to require a specific separation
distance for driveway approaches where such driveway approaches are located near a street
intersection and special arrangements for lighting of the parking lots which contain in
excess of four parking spaces. |
MIXED USE
Guided by the Chéticamp Development Commission, the land
surrounding La Point du Havre in the southern portion of Chéticamp Proper is planned for
a wide variety of developments. This area has great potential for development, both as an
expansion to the adjacent residential area and an extension of the waterfront facilities
currently being developed by the Commission. As such, the mixed use area would permit low
and medium density residential development, tourism related facilities and recreational
uses. Higher density residential development will be permitted through the rezoning of
lands to Multiple Family (R-3). Light industrial fabrication facilities would be permitted
through the use of development agreements.
The Mixed Use zone would only be permitted within the Mixed Use designation
and encompass the area surrounding La Pointe du Havre. At the present time, the majority
of the land is leased to the Commission and is unserviced and inaccessible by automobile.
The Commission is planning to install servicing and roads as development warrants. A
separation distance from the shoreline will be established to limit structures from being
built to the waters edge. Although it will not alone help preserve the landscape
along the waterbody or protect the waterbody, it will provide a balance between the desire
for development and the need to protect the natural environment. Buffering and landscaping
standards will be established between residential and non-residential uses to ensure that
conflicts between uses will be minimized.
| POLICY 4-1 |
It shall be the policy of Council to designate the area generally
surrounding La Pointe du Havre as "Mixed Use as shown on the Generalized Future
Land Use Map (Map 3). |
| POLICY 4-2 |
It shall be the policy of Council to establish in the Land Use By-law a
Mixed Use (MU) zone and to permit the following and similar types of uses: single detached
dwellings, semi-detached and duplex dwellings, converted dwellings up to two units, permit
multiple family dwellings containing three (3) or four (4) dwelling units motels, hotels,
rental cabins, campgrounds, institutional uses, community and cultural centres, public
recreational uses, storage facilities for pleasure boats, research facilities related to
the fishery or marine industry, existing professional offices and existing warehouse
facilities. |
| POLICY 4-3 |
It shall be the policy of Council to consider light industrial fabrication
facilities 10,000 square feet or less in floor area within the Mixed Use designation by
development agreement as provided for by the Municipal Government Act. |
| POLICY 4-4 |
In considering a proposal for a development agreement as stated in
Policy 4-3, it shall be a policy of Council to have regard to the following:
a) The potential to adversely affect adjacent residential or commercial uses.
b) The architectural design, including the scale of any building and its exterior finish
is compatible with adjacent uses.
c) Total area used for outdoor storage and adequate provisions of artificial or natural
screening devices.
d) The impact of the proposed expanded use on traffic volumes and the local road network,
as well as traffic circulation, sighting distances and entrance and exit to and from the
site.
e) That adequate buffering and setback distances are maintained from low density
residential or commercial uses and that landscaping treatments are included to reduce the
visual impact.
f) The expanded or new use is not obnoxious by virtue of noise, odour, dust, vibration,
smoke, or other emission.
g) The hours of operation.
h) The proposal meets all the pertinent policies of the Strategy, including Policies A-5
and A-6 as provided for in Chapter 4 of this Strategy.
|
| POLICY 4-5 |
It shall be the policy of Council to require landscaping and buffering
between residential uses and non-residential uses to minimize any land use conflicts. |
B. RURAL COMMUNITY
RESIDENTIAL, INSTITUTIONAL AND
RECREATIONAL
The Rural Community consists of Petit Étang, La Prairie, Belle
Marche, Plateau, Point Cross and Chéticamp Island. The land use patterns follow the
numerous public roads which sets up extensive ribbon or strip development. Residential
development is the most predominate use with a variety of other uses dispersed throughout.
The single family dwelling prevails, along with two small apartment buildings and a number
of mobile homes and seasonal cottages.
A portion of the Rural Community including Petit Étang is serviced by municipal sewer.
There are no municipal or provincial water facilities; however, a small private water
system serves 14 homes in Petit Étang with "Lac à Dominique" being the water
source. The remainder of the Rural Community is serviced by on-site sewage treatment
systems and private wells.
A large portion of Chéticamp Island is used for agricultural purposes, under a lease
agreement with the Provincial Government. It is expected that this use will continue.
Council, therefore, is of the opinion that agricultural uses should be considered as
permitted uses in the Residential Rural (RR-1) Zone.
With respect to institutional and recreational uses, Council is of the opinion that in
keeping with the policies which have been developed for Chéticamp Proper, that
institutional and recreational uses shall be permitted in both the Rural Residential
designation and in the Residential Rural (RR-1) zone.
| POLICY 5-1 |
It shall be the policy of Council to designate the vast majority of the
Rural Community "Rural Residential" on the Generalized Future Land Use Map (Map
4). |
| POLICY 5-2 |
It shall be the policy of Council to establish in the Land Use By-law a
Residential Rural (RR-1) zone which shall be used to implement the "Rural
Residential" designation. |
| POLICY 5-3 |
It shall be the policy of Council to permit within the Residential Rural
(RR-1) zone the following and similar types of uses: single detached dwellings, duplex and
semi detached dwellings, converted dwellings up to two units tourist and guest homes,
cottage and other seasonal dwellings, post offices, community centres, schools, churches,
cemeteries and other similar institutional uses, agricultural uses including barns and
stables, forestry uses, recreational uses such as parks and playgrounds, golf courses and
associated buildings and uses, beaches and associated uses, campgrounds and associated
uses, and mobile homes with a specific restriction. |
Mobile Homes and Mobile Home Parks
There are many mobile homes in existence within the Rural
Community. Many people have recognized the improvement in construction methods and
materials used in fabricating mobile homes. As a result, mobile homes have been chosen as
an alternative means of accommodation, compared to the conventional single family detached
dwelling.
At present there are no mobile home parks in the Plan Area. However, if the development
anticipated by the Chéticamp Development Commission is any indication, there may be a
need for a mobile home park in the future.
Council is now of the opinion that mobile homes and mobile home parks should be
permitted within the Rural Community. However, there is a strong feeling that because of
the visual impact of these uses on the tourism sector, mobile homes should not be located
immediately adjacent to the Cabot Trail. Therefore, it is proposed that a special setback
be imposed for all mobile homes or mobile home parks locating along the Highway. Council
feels that existing mobile homes located within this setback should be treated as
permitted uses in the Rural Residential (R-1) zone, and the owners should be permitted to
replace the mobile home at any time.
| POLICY 5-5 |
It shall be the policy of Council to permit mobile homes in the
Residential Rural (RR-1) zone. In order to protect the visual impact of these uses on the
tourism activity in the Plan Area a special setback will be imposed on mobile homes
located in the Rural Community adjacent to the Cabot Trail. |
| POLICY 5-6 |
It shall be the policy of Council to recognize the existing mobile homes
located within the special setback standards adjacent to the Cabot Trail. These uses shall
be listed as permitted uses in the Land Use By-law and this shall permit the replacement
of such mobile homes with another mobile home or an expansion subject to the appropriate
standards of the By-law. |
| POLICY 5-7 |
It shall be the policy of Council to permit mobile home parks in the
"Rural Residential designation." In keeping with Policy 5-5, a special set back
provision will be imposed for new parks located in the Rural community and which front on
the Cabot Trail. |
| POLICY 5-8 |
It shall be the policy of Council to establish in the Land Use By-law a
Mobile Home Park (MHP) Zone. Within the Mobile Home Park Zone, Council will permit the
following and similar types of uses: mobile home parks, mobile homes, recreational uses,
including parks and playgrounds, mobile home park offices, maintenance equipment and
storage facilities related and incidental to the operation of the park. Mobile home parks
will be permitted in the Rural Residential designation through an amendment to the Land
Use By-law subject to the following criteria:
a) the adequacy of on-site services;
b) the adequacy of the existing schools to handle the additional students;
c) that the proposed development complies with the criteria found in Policy A-3 (Chapter
3).
|
| POLICY 5-9 |
It shall be the policy of Council to give consideration to the preparation
and adoption of a Mobile Home Park By-law. Such a By-law would contain requirements for
the developer or park owner to provide: streets or roads, central water and sewer
services, open space or recreational areas, maintenance facilities and refuse collection. |
Home Occupations
As within Chéticamp Proper, a number of small commercial uses
such as personal service establishments and home occupations, sales and professional
offices, neighbourhood convenience stores are considered necessary for the overall growth
of the Rural Community. These uses are considered to harmonize with existing rural
residential development without causing undue hardships to the operation of
Chéticamps Central Business District. Therefore, it is proposed that home
occupations be considered as a permitted use in the Rural Residential (RR-1) zone. These
uses will be more extensive than those found in Chéticamp Proper.
| POLICY 5-10 |
It shall be the policy of Council to permit home occupations,
neighbourhood convenience stores, barber shops and hairstylists, small sales and
professional offices, artisan workshops, backyard mechanics (where minor repairs are
undertaken), offices for technicians such as plumbers, electricians, and other
construction related trades, and small engine repair (lawnmowers and chainsaws, etc.) in
the Rural Residential designation, subject to the Land Use By-law. |
COMMERCIAL
There are a number of commercial uses located outside the boundaries of
Chéticamp Proper. These uses, which have developed at random, range from motels and
restaurants to gift shops, neighbourhood convenience stores, personal service shops and
other similar uses. These commercial enterprises are considered to be of a "highway
commercial" nature and provide services to both the residents and travelling public.
The first is located on both sides of the Cabot Trail at the intersection of
"Chemin Du Redman." A number of uses (an auto parts store, an automobile service
station with a secondary chain saw outlet, a grocery store, a music and video store and
motel) are located within the area. Sufficient land exists within this area to allow for
expansion by way of new construction or by converting existing residential dwellings to
commercial uses.
The second is located once again in the southern end of the planning district in the
Rural Community on the Cabot Trail near the intersection of Chemin de La Butte à
lOurs. The designation will be located on both sides of the Cabot Trail and will
contain such uses as an Automobile Service Station, Automobile Sales and Service Outlets,
oil distribution facilities, electrical sales and service outlet, motel and other similar
uses.
The third pocket is situated in Petit Étang along both sides of the Cabot Trail at the
northern intersection of Chemin de lAnse des Bois Maries. This pocket consists of a
daycare centre, bike shop, tire shop and beauty parlor. A number of residential properties
are located within this designation. Expansion for highway commercial uses in this area
can occur through conversion of these residential properties to commercial or by building
on an existing vacant lot.
In addition to these three areas, there are a number of other "highway
commercial" uses located along both the Cabot Trail from the "Highlands
Park" entrance at Chéticamp River, south to Grand Lac at Point Cross and along
various secondary roads within the Rural Community. It is recognized that these uses also
provide a service to both the community and the travelling public. For this reason all
existing commercial uses will be zoned Rural Commercial General on the zoning map.
Expansion of these uses beyond the immediate property or the creation of new uses will be
permitted in the Rural Community by development agreement. This will allow expansion of
commercial uses but at the same time, enable Council to maintain control over the
development of highway commercial uses in the Rural Community beyond the designated areas.
| POLICY 6-1 |
It shall be the policy of Council to designate "Rural Highway
Commercial," the two areas as shown on the Generalized Future Land Use Map (Map 4).
These two areas will be the major "Rural Highway Commercial" designations
located in the Rural Community. All other commercial uses in the Rural community will be
designated "Rural Residential." |
| POLICY 6-2 |
It shall be the policy of Council to establish in the Land Use By-law a
Rural Commercial Highway (RC-1) Zone which will be used to implement the "Rural
Highway Commercial" designations. |
| POLICY 6-3 |
It shall be the intention of Council to permit within the Rural Commercial
Highway (RC-1) Zone the following and similar types of uses: tourist and guest homes,
motels, restaurants and take-out restaurants, craft and gift shops, retail outlets
including servicing and repair depots, neighbourhood convenience stores, automobile
service stations and car wash, automobile sales and service facilities, post office, video
or music store, business offices, grocery stores, private clubs, oil storage facilities
and single detached dwellings. |
| POLICY 6-4 |
It shall be the policy of Council to establish in the Land Use By-law a
Rural Commercial General (RC-2) Zone and the existing commercial uses found outside the
areas designated Rural Highway Commercial shall be zoned RC-2. |
| POLICY 6-5 |
It shall be the policy of Council to permit within the Rural Commercial
General (RC-2) Zone the following and similar types of uses: motels, restaurants and
take-out restaurants, neighbourhood convenience stores (other than those permitted as a
home occupation), retail store, craft and gift shops, bakery, post offices, business
offices, autobody shops, building supply and storage outlets, electronic sales and repair
depots, private clubs and rental cottages. |
| POLICY 6-6 |
It shall be the policy of Council to consider the expansion of existing
Rural Commercial General (RC-2) uses beyond the areas zoned Rural Commercial General
(RC-2) or new commercial uses as permitted in Policy 6-5, by development agreement as
provided by the appropriate sections of the Municipal Government Act. |
| POLICY 6-7 |
In considering a proposal for a Development Agreement as stated in Policy
6-6, it shall be a policy of Council to have regard to the following:
a) The potential to adversely affect adjacent residential uses.
b) The architectural design, including the scale of any building and its exterior finish
is compatible with adjacent uses.
c) Total area used for outdoor storage and adequate provisions of artificial or natural
screening devices.
d) The impact of the proposed expanded use on traffic volumes and the local road network,
as well as traffic volumes and the local road network, as well as traffic circulation,
sighting distances and entrance and exit to and from the site.
e) That adequate buffering and setback distances are maintained from low density
residential uses and that landscaping treatments are included to reduce the visual impact.
f) The expanded or new use is not obnoxious by virtue of noise, odour, dust, vibration,
smoke, or other emission.
g) The expansion of new use shall not affect the hours of operation where the use would
interfere with or create undue problems for the residents of the surrounding area.
h) The proposal meets all the pertinent policies of the Strategy, including Policies A-5
and A-6 as provided for in Chapter 4 of this Strategy.
|
INDUSTRIAL
At present there is only limited industrial development located
outside Chéticamp Proper. These uses consists of the fish processing plant off Chemin de
lAnse du Bois Maries, on the shores of the harbour; the Landry and Landry fish
processing plant to the rear of the residential properties (off the Cabot Trail) across
from the tire shop; a boat fabrication facility on Chemin Hache, adjacent to the harbour
near Redman Basin; the fishing wharf and storage facilities on the south end of Chéticamp
Island, an auto salvage yard off Chemin des Buttes, a sawmill on the Cabot Trail near the
southern boundary of the planning district, a concrete manufacturing and storage facility
on Chemin du Ple and finally a quarry and paving operation near Chéticamp River.
These uses cause little hardship to the surrounding residential development and Council
is of the opinion that they should be designated Rural Residential and zoned Rural
Industrial (RI-1). In addition to the existing industrial uses, Council is also of the
opinion that new but similar light industrial uses may be located in the Rural Residential
designation by development agreement.
| POLICY 7-1 |
It shall be the policy of Council to establish in the Land Use By-law a
Rural Industrial (RI-1) zone which shall apply to existing industrial properties located
in the "Rural Residential" designation. |
| POLICY 7-2 |
It shall be the policy of Council to permit within the Rural Industrial
(RI-1) zone the following and similar types of uses: fish processing plant and associated
retail outlets, storage supply building and fabrication outlet, boat fabrication and
repair facility, fishery related uses including wharves and gear storage yard facilities,
auto salvage yard and sawmills. Trucking firm including repair facility, concrete
manufacturing and storage facility and quarry or paving operation. |
| POLICY 7-3 |
It shall be the policy of Council to consider the expansion of existing
Rural Industrial (RI-1) uses beyond the zoned property or new industrial uses as stated in
Policy 7-2 by Development Agreement as provided for by the appropriate sections of the Municipal
Government Act. |
| POLICY 7-4 |
In considering a proposal for a development agreement as stated in Policy
7-3, it shall be a policy of Council to have regard to the following:
a) The potential to adversely affect adjacent residential uses.
b) The architectural design, including the scale of any building and its exterior finish
is compatible with adjacent uses.
c) Total area used for outdoor storage and adequate provisions of artificial or natural
screening devices.
d) The impact of the proposed expanded use on traffic volumes and the local road network,
as well as traffic circulation, sighting distances and entrance and exit to and from the
site.
e) That adequate buffering and setback distances are maintained from low density
residential uses and that landscaping treatments are included to reduce the visual impact.
f) The expanded or new use is not obnoxious by virtue of noise, odour, dust, vibration,
smoke, or other emission.
g) The hours of operation.
h) The proposal meets all the pertinent policies of the Strategy, including Policies A-5
and A-6 as provided for in Chapter 4 of this Strategy.
|
OPEN SPACE - CONSERVATION
Throughout the "Rural Community" many streams, rivers
and lakes, exist which should be provided with some form of protection. For instance, one
waterbody of importance is "Lac à Dominique", which is located near the
Highlands National Park entrance. This lake is a designated "watershed" by the
Provincial Department of Environment and is now being used as the water source for a
private water system facilitating some 14 dwellings in Petit Étang. This Lake has the
potential of becoming a future municipal water supply for Petit Étang, La Prairie and
Chéticamp, should the Municipality receive funding from the federal or provincial
governments. In order to protect this natural resource, it is proposed that special
setbacks be established in the Land Use By-law prohibiting development from locating near
this waterbody.
A second area of concern is the Chéticamp River at the northern boundary of the Plan
Area. This River has provided an excellent natural fish habitat for a number of years.
Secondly, the River, in the past, has been subject to flooding during the spring run-off
from the Highlands. Therefore, it is proposed that a special setback be established along
this waterbody. The same protection shall be provided the Étang à Johnny à Eusebe also
adjacent to the mouth of the Chéticamp River.
The third natural resource worthy of consideration is "Redman Basin" located
adjacent to the Cabot Trail at Point Cross. This waterbody is presently in its natural
state with virtually no development surrounding it. Protection will be encouraged,
therefore, special setbacks will be imposed on land adjacent to this waterbody.
| POLICY 8-1 |
It shall be the policy of Council to establish in the Land Use By-law
special building setback standards for all proposed developments when abutting:
a) Lac à Dominque;
b) along the shores of Chéticamp River and Étang à Johnny à Eusebe near the mouth of
the Chéticamp River;
c) Redman Basin.
|
These special setback standards will attempt to protect the quality of water from
undesirable land development.
OPEN SPACE - RECREATION
The Inverness County Subdivision By-law requires a 5% parkland
transfer for a subdivision of more than five lots. The location of any parkland acquired
in this manner shall be determined in consultation with the Recreation Director for the
County. There are three recreational areas considered vital to the tourism activity in the
Chéticamp Plan Area. These areas consist of the beach at the mouth of Chéticamp River, a
portion of the 18-hole golf course and the beach and campground on Chéticamp Island. This
beach and campground facility is under lease from the provincial government and operated
and maintained by La Sociéte St. Pierre.
| POLICY 9-1 |
It shall be the policy of Council to designate a portion the existing golf
course including lands for future expansion, the beach at the mouth of Chéticamp River
and the beach/campground on Chéticamp Island as Rural Residential on the Generalized
Future Land Use Map and to zone the three sites Rural Residential (RR-1). |
| POLICY 9-2 |
It shall be the policy of Council to request the appropriate Department of
the provincial government to seek legislation giving protection to Chéticamp Beach at the
mouth of Chéticamp River under the Beaches Act. |
CHAPTER
3 - MUNICIPAL SERVICES
Water Supply
There is no municipal water system in Chéticamp. Water is being
supplied by a system owned and operated by the Provincial Department of Environment to
industrial and other specific uses. At present, two industrial wells supply water to the
fish plants as well to the Municipal School Board, the Hospital and the Volunteer Fire
Department, Laundromat, National Sea Products, and Lauries Motel.
This system was constructed in two stages, beginning in 1965. It consists of two wells,
pumping facilities and approximately 6,700 feet of 8 inch diameter mains. The system was
upgraded and extended in the 1970s. Since the water system was intended to supply water
only to the fish plants, the storage volume was provided to equalize flows; with no
provisions for fire protection and reserve storage.
The system was originally designed for industrial use; however, over the years,
unauthorized connections were made by both the residential and business communities.
Today, there are approximately 70 additional connections with an estimated 35 households
utilizing the system. Water pressure as well as supply has now become a problem. A major
expenditure will be required in the near future, if the system is to continue to supply
adequate water.
In 1981 the Municipality hired consultants to review the existing water system and to
prepare a master plan outlining, by priority, areas of the community which should be
serviced. The plan made a number of recommendations including the construction of a new
reservoir and an extension of the system sent from the center of Chéticamp Proper in a
northern and southern direction. In 1988 a number of the recommendations were completed.
However, the water lines have not been extended in the northern and southern direction as
recommended. Refer to the Water and Sewer Map (Map 5) for the location of the proposed
lines as presented by the consultants.
| POLICY 10-1 |
It shall be a policy of Council to approach the appropriate Department of
the Provincial and/or Federal Governments to seek assistance in upgrading the present
water system to service both domestic and business users or more importantly, seek funding
to construct a new municipal water system servicing appropriate sectors of the Plan Area
as proposed on the Water and Sewer Map (Map 5). |
| POLICY 10-2 |
It shall be the policy of Council, for an interim period, to request the
Provincial Department of Environment to continue to make improvements to its water system. |
| POLICY 10-3 |
It shall be a policy of Council to encourage where appropriate the use of
private central water systems in areas financially unfeasible to service with a municipal
system. |
Private Water Systems
In addition to the provincially owned water system, two private
water systems exist within the Chéticamp Plan Area. The first system which utilizes two
deep wells, is located adjacent to the golf course and services approximately 25
residences in the vicinity of the Doryman Beverage Room.
The second system uses "Lac à Dominique" as its water supply with
transmission lines connecting approximately 14 homes. The two systems are privately owned
and operated under common agreement among the various property owners. The systems provide
a reasonable source of water to the residents without placing additional financial
responsibility on the Municipality.
| POLICY 10-4 |
It shall be a policy of Council to encourage individual property owners to
cost share on private water supply systems within the Chéticamp Plan Area. |
Sewage Treatment
Chéticamp Proper and a portion of Petit Étang are served by a
relatively new central sewage collection system and treatment plant which serves all
adjacent residents and businesses. The treated effluent is then discharged into Chéticamp
Harbour. The collection system is a linear type with limited opportunity available for
additional connections.
This collection system and treatment plant generally serves the two communities quite
well. However, there are a few minor problems associated with the system, the inability to
obtain replacement parts and the expensive maintenance. Occasionally, during peak periods,
the system malfunctions causing unpleasant odours in the immediate area and poor water
quality in the vicinity of the Harbour outfall. During heavy rains, storm water has been
known to infiltrate the system causing the treatment plant to overload.
The Redman area, in particular, has severe problems with on-site septic systems as do
other areas of Chéticamp. This limits development at a time when there is pressure to
expand existing accommodations and open new facilities. An ideal solution would be to
extend the sewer system to this area, however, until that time other remedies could be
investigated.
| POLICY 10-5 |
It shall be a policy of Council to investigate; (a) the possibility of
upgrading the mechanical components of the sewage treatment plant in Chéticamp Proper
which would remove the unpleasant odour and the discharge of untreated materials into the
Harbour, and (b) the possibility of undertaking a study on infiltration of storm water
into the Sewer System during heavy rainfall. |
| POLICY 10-6 |
It shall be the policy of Council to investigate the extension of sewer
servicing in the Chéticamp area and until that time shall work with the residents and the
Dept of Environment to provide alternative solutions through public education, septic
system upgrades and alternative technologies. |
PROTECTIVE SERVICES
Police Protection
The Municipality of Inverness, under contract with the Provincial
Attorney Generals Department utilizes the RCMP for police protection. The detachment
is located in Chéticamp Proper on "Chemin De Belle Marche" and is served by 3
officers. This detachment provides police protection for the Plan Area and surrounding
areas, as well as Pleasant Bay to the north and Margaree to the south. A backup detachment
is located in Inverness.
| POLICY 10-7 |
It shall be the policy of Council to encourage the efforts of the RCMP in
providing police protection for both the residential and business communities in the
Chéticamp Plan Area. |
Fire Protection
Chéticamp is serviced by a volunteer fire department with a
brigade of 37 members. The two-bay station is located on Chemin De Belle Marche adjacent
to the Cabot Trail. The station consists of bays for the storage of three tanker/pumpers
and an equipment truck. Other pieces of fire fighting equipment, offices and social
facilities are also located in the building. Another fire station is located in Grand
Étang which handles fire fighting demands for the southern end of the Plan Area. Each
fire station operates under a special grant from the Municipality.
| POLICY 10-8 |
It shall be the policy of Council to support the efforts of the Chéticamp
volunteer fire department in providing fire protection for the residents and the business
community. |
| POLICY 10-9 |
It shall be the policy of Council to hold annual discussions with the
officials of the Chéticamp and other volunteer fire departments within the Municipality.
These discussions shall include, but not be limited to, the needs of the department in
relation to both manpower and equipment. |
GENERAL POLICIES
Public and Private Utilities
It is not uncommon to have various public and private utilities
located throughout a community. These utilities provide an essential service (i.e. those
in transportation, communication, water, gas, or electrical sector) and are often faced
with having to locate equipment or transmission lines in various sections of a community.
Council does not wish to place undue hardships on these utilities; therefore, these uses
will be permitted in any zone within the Plan Area.
| POLICY 10-10 |
It shall be the policy of Council to permit public and private utilities
in all zones within the Plan Area, and to require a development permit to be issued for
each use. |
Parking
In the past, off street parking has been considered a problem in
Chéticamp. Council is of the opinion that provisions should be made in the Land Use
By-law requiring individual developments to provide off street parking facilities. This
would help reduce parking problems while at the same time giving both the residents and
business community a clear understanding that Council does not wish to have motor vehicles
parking on public streets.
| POLICY 10-11 |
It shall be the policy of Council to establish in the Land Use By-law
proper parking standards for all development in the Chéticamp Plan Area. |
Signage
Signage has not really been an issue in the Chéticamp Plan Area.
However, with the positive predictions for new development, and with this being a major
tourist area, consideration must be given to the placement, size and type of signs that
will be permitted. Council is of the opinion that controls should be placed on all signs
in the Plan Area. However, in keeping with the importance of signage to this Tourist
Destination Area, and secondly, the fact that a study is now being undertaken by a local
committee of businessmen in conjunction with the Area Advisory Committee, Council is now
of the opinion that the Land Use By-law will initially have no sign provision, except a
requirement for a development permit for all signs being erected within the Plan Area.
Eventually the Land Use By-law will be amended to include sign provisions.
| POLICY 10-12 |
It shall be the intention of Council to consider at some future date,
amendments to the Land Use By-law which will establish appropriate size, number and
placement of signs within the Plan Area. In the meantime, in order to determine compliance
with proper safety and maintenance requirements a development permit shall be required for
the erection of all signs within the Plan Area. |
Public Roads
There has been mention in certain sections of this document about
the parking and traffic conditions in the Central Business District. Council has attempted
to outline a short term solution to the problem. However, the long term solution may be
through the construction of a new collector road extending from the intersection of the
Cabot Trail and Chemin de la Butte à lOurs northward to an area of land near the
southern intersection of Chemin de lAnse des Bois Maries and the Cabot Trail. This
new collector road would be used by local traffic and large transport trucks to bypass the
main community. This would remove some of the congestion on this portion of the Cabot
Trail. At the same time the collector road could open up land for new development.
| POLICY 10-13 |
It shall be the policy of Council to investigate methods of having a new
proposed collector road constructed to the east of properties fronting on the Cabot Trail;
and commencing at the intersection of the Cabot Trail and Chemin de la Butte à
lOurs and extending northward to an area of land near the southern intersection of
Chemin de lAnse des Bois Maries and the Cabot Trail. |
Private Roads
At present, private roads are permitted within the Chéticamp Plan
Area. The Municipalitys Subdivision By-law allows for private roads to be
incorporated in any new subdivision, but more importantly the ability to permit
individuals to subdivide land and have frontage on a private road. In the Subdivision
By-law adopted by the County in 1999 the requirements for the building of private roads
are much more stringent.
| POLICY 10-14 |
It shall be the policy of Council to continue to allow land to be
subdivided on private roads within the Chéticamp Plan Area. |
Street Names and Civic Numbers
In Chéticamp there are very few street or road names listed and
street signs posted. Over the years, streets or roads were built without naming them.
Since the adoption of the provincial E-911 system it is essential that street names be
given to every street or road. Therefore, the residents and the Department of
Transportation will be requested to adopt street names and to place street signs at each
intersection.
| POLICY 10-15 |
It shall be the policy of Council to encourage the E-911 partners to
proceed with a system of adopting and correcting street names for all streets or roads
within the Plan Area and to place the appropriate street signs at each intersection. |
| POLICY 10-16 |
It shall be the policy of Council to investigate the possibility of
adopting a Civic (street) numbering by-law in the Municipality and to require the
residents to place the number on their property. |
Refuse Collection
The Municipality provides refuse and recycling collection on a
once a week contractual basis to the residential sector. The solid waste is collected by
truck and transported to a municipal dump site.
Collection for commercial establishments is provided by the same company through a
private contract on a more frequent basis. It is the Municipalitys intention to
continue with the present practice of having refuse collected on a contractual basis.
| POLICY 10-17 |
It shall be the policy of Council to continue with the refuse collection
on a contractual basis through the Municipalitys garbage collection by-law. |
Temporary and Special Uses
Throughout any community there are activities which are associated
with new development or construction projects. From the most recent development forecasts,
it would appear that there will be a need for small construction sheds, offices and
storage facilities associated with this new development. These uses are considered normal
components of construction activity and Council does not intend to restrict their use in
the Plan Area. However, Council will require that a temporary use (structure) be removed
from the site shortly after construction work is completed.
"Special Uses" which refer to signs, banners, display booths, and other
associated structures which are used during special events such as festivals, celebrations
and other special events. Council sees no problem with allowing these uses in the Plan
Area but on a short term basis. Council will require that special uses be discontinued and
removed when the special event is concluded.
| POLICY 10-18 |
It shall be the policy of Council to allow for temporary structures used
in conjunction with a development or construction or subdivision project, including
offices, equipment and material storage buildings, and scaffolding in the Plan Area.
Council will require that such temporary use or structure be removed within a specified
time. A Development Permit shall be required for a temporary use. |
| POLICY 10-19 |
It shall be the policy of Council to allow for special uses and structures
such as signs, banners, display booths, and other similar structures in the Plan Area that
are used in conjunction with a festival, celebration, or other special event. Council will
require that such special use or structures be removed within a specified time. A
Development Permit shall be required for such uses. |
Government Buildings and Facilities
Council is also of the opinion that in the future there may be a
need to provide for government buildings or facilities in any given portion of the
Chéticamp Plan Area. Since it is difficult to determine where buildings or facilities
will be needed, it is Councils position that these uses should be permitted in all
zones within the Plan Area.
| POLICY 10-20 |
It shall be the policy of Council to permit government buildings or
facilities in all zones within the Plan Area. |
CHAPTER 4 - IMPLEMENTATION
GENERAL
The Municipal Planning Strategy for the Chéticamp Plan
Area is the prime policy document providing the framework by which the future growth and
development of the Plan Area shall be encouraged, controlled, and coordinated. The
policies of this Strategy will be implemented through a variety of means, but generally
through the powers of Council as provided by the Municipal Government Act and other
statutes as may apply.
| POLICY A-1 |
In addition to employing specific implementation measures, it shall be the
intention of Council to maintain a program of ongoing planning through its Planning
Advisory Committee and Area Advisory Committee. Such a program may include aspects of
public information and participation; and various further studies respecting such matters,
the drafting or revising of Municipal By-laws which deals with planning issues, and any
other matter such as Council may suggest. |
| POLICY A-2 |
In order that development control decisions may be based on expert advice
beyond that which the Planning Advisory Committee is able to supply, it shall be the
intention of Council to circulate applications for amendment of the Land Use By-law. These
applications shall be circulated to Provincial Government agencies such as the Departments
of Transportation and Environment for their information and comment as may be required. |
GENERALIZED FUTURE LAND USE
MAP
The Generalized Future Land Use Maps (Maps 3 & 4) are
the most important maps in the Municipal Planning Strategy. These show the future land use
designations within the Plan Area which have been established by policies within this
Strategy. These maps illustrate the following designations:
- Urban Residential which permits low density residential development (excluding mobile
homes and mobile home parks) and certain types of commercial development such as home
occupations, professional offices, etc., institutional and recreational uses;
- Rural Residential which permits low density residential development including mobile
homes and mobile home parks and certain types of commercial development such as home
occupations, and institutional and recreational uses;
- Central Business District which permits a wild range of commercial uses and existing
single family dwellings;
- Highway Commercial which permits a wide range of commercial uses requiring the large
land massing for parking and buildings;
- Rural Highway Commercial which permits a wide range of commercial uses related to the
tourist industry; and
- Waterfront which permits is wide range of commercial and industrial development.
LAND USE BY-LAW
The principal mechanism by which land use policies are
implemented is the Land Use By-law. The Land Use By-law will set out zones, permitted
uses, and development standards within each zone and in so doing shall reflect the
policies of the Municipal Planning Strategy (as required in the Municipal Government
Act.
It is not intended that all land shall be prezoned as indicated by the policies of this
Strategy or as indicated on the Generalized Future Land Use Maps (Maps 3 and 4). Rather,
in order that Council may maintain a degree of control on future development, initial
zoning provisions will be relatively restrictive. Development proposals which would not be
permitted in the initial zoning will be processed as amendments to the zoning map.
However, such amendments will be granted only if they meet the guidelines found within the
Municipal Planning Strategy. Categories of uses not to be pre-zoned.
- Residential Multiple Family (R-3) uses according to Policy 1-8
- Commercial Highway (C-2) uses according to Policy 3-8
- Mobile Home Park (MHP) uses according to Policy 5-8.
CRITERIA FOR AMENDMENT TO THE
LAND USE BY-LAW
| POLICY A-3 |
In considering amendments to
the Land Use By-law, in addition to all other criteria as set out in various policies of
this Strategy, Council shall have regard to the following matters:
a) That the proposal is in conformity with the intent of
this Strategy and with the requirements of all other municipal By-laws and regulations;
b) That the proposal is not premature or inappropriate by reason of:
i) the financial capability of the municipality to absorb
any costs relating to the development;
ii) the adequacy of sewer services and utilities or if services are not provided, the
adequacy of physical site conditions for private on-site sewer and water systems;
iii) the adequacy and proximity of school, recreation, and any other community facilities;
iv) the adequacy of road networks in, adjacent to, or leading to the development; and
v) the potential for the contamination of watercourses or the creation of erosion or
sedimentation;
c) The controls in the Land Use By-law reduce conflict
with any other adjacent or nearby land use by reason of:
i) type of use;
ii) emissions including air and water pollutants and noises;
iii) height, bulk, and lot coverage of the proposed building;
iv) traffic generation, access to and egress from the site and parking;
v) open storage;
vi) signs; and
vii) similar matters of planning concern.
d) Suitability of the proposed site in terms of steepness
of grades, and/or location of watercourses.
|
AMENDING THE LAND USE BY-LAW
The Chéticamp Plan Area Land Use By-law is designed to implement
this Municipal Planning Strategy, and is expected that it will be amended from time to
time, although in conformity with the Strategy. Examples of situations which might create
a need to amend the Land Use By-law include:
- a request by an individual to have the By-law amended (e.g. map amendment or text
amendment);
- a motion by a member of Council to amend the By-law; or
- a change in the Strategy.
Should Council consider amending the Land Use By-law, it must fully examine the
implications of the change and the amendment must comply with all other legal requirements
as set out in the Municipal Government Act.
| POLICY A-4 |
In considering amendments to the Land Use By-law or a proposal by
Development Agreement, it shall be the intention of Council to:
a) request a report from the development officer;
b) refer the matter to the Planning Advisory Committee and the Area Advisory Committee for
reports with respect to Policy A-3 (Criteria for Amendment to the Land Use By-law) and
Policy A-5 and A-6 (Criteria for a Development Permit) and any other policies of this
Strategy which affect the proposed amendment;
c) refer the matter to the appropriate individual government departments (as identified in
this Strategy) where special expert advice is required;
d) comply with all legal requirements concerning amendments to the Land Use By-law or a
proposal for a Development Agreement as set out in the Municipal Government Act,
and
e) require the applicant to pay the cost for advertising with respect to public notice as
provided for in the Municipal Government Act.
|
DEVELOPMENT AGREEMENTS
The following uses shall only be considered subject to
the entering into of a Development Agreement according to the appropriate sections of the Municipal
Government Act.
- Restaurants and Fast Food Outlets over 1,000 square feet, Retail Stores over 1,000
square feet, Tourist Services over 1,000 square feet, Boat, Bicycle, Motorcycle, Other
Rental Equipment Shops over 1,000 square feet, Hotels, Motels, Inns, Other Tourist Lodging
Facilities, Multiple Use Structures including multiple unit dwellings with more than two
units (Ground Floor must be entirely devoted to commercial uses), Industrial Uses,
Offices, Ferry Terminals, Museums, Beverage Rooms/Lounges, Places of Entertainment,
Community and Cultural Centres, and Marinas and Marina Facilities in the Waterfront (W)
zone as provided for in Policies 2-3 and 2-4.
- Expansion of existing uses in the Waterfront (W) zone as provided for in Policies 2-3
and 2-4.
- Light industrial fabrication facilities 10,000 square feet or less in floor area within
the Urban Residential designation by development agreement as provided for by the Policies
1-15 and 1-16.
- Light industrial fabrication facilities 10,000 square feet or less in floor area within
Chéticamp Proper and in the Mixed Use designation as provided in Policies 4-3 and 4-4.
- Expansion of existing Rural Commercial General (RC-2) uses beyond the areas zoned RC-2
and new Rural Commercial General (RC-2) uses will be permitted in the Rural Residential
designation as provided in Policies 6-6 and 6-7.
- Expansion of existing Industrial (RM-1) uses beyond the areas zoned RM-1 and new
Industrial (RM-1) uses as provided in Policies 7-3 and 7-4.
| POLICY A-5 |
As a condition for approval of a request for a Development
Permit for a use other than a permitted use as authorized elsewhere in this Strategy it
shall be the intention of Council to require the applicant to enter into a Development
Agreement with the municipality, specifically setting out conditions under which the
development may proceed. A Development Agreement shall not require an amendment to the
Land Use By-law but shall be binding upon the property until the agreement or part thereof
is discharged by Council. In considering Development Agreements, in addition to all other
criteria as set out in various policies of this Strategy. Council shall have regard to the
following matters:
a) That the proposed agreement is in conformance with the intent of this Municipal
Planning Strategy and the requirements of all other Municipal By-laws and regulations.
b) That the proposal which is subject to the Development Agreement is not premature or
inappropriate by reason of:
i) the financial capability of the municipality to absorb any costs related to the
development;
ii) the adequacy of the physical site conditions for private on-site sewer and water
systems;
iii) the adequacy of the street or road networks, adjacent to and leading to the
development; and
iv) the adequacy of municipal fire protection, service and equipment.
c) That controls are placed on the proposed development so as to reduce the conflict
with any adjacent or nearby land uses by reason of:
i) the type of use;
ii) the height, bulk and lot coverage of any proposed building or structure;
iii) traffic generation;
iv) access and egress from the site and the distance of these from street intersections;
v) parking;
vi) landscaping;
vii) open storage;
viii) signs;
ix) the hours of operation;
x) maintenance of any building(s) and property; and
xi) any other relevant matters of planning concern.
d) The suitability of the proposed site in terms of steepness of grades,
soil and for geological conditions, and the relative location of watercourses, marshes,
swamps, or bogs.
e) The terms of the agreement provided, as appropriate, for:
i) the discharge of the agreement or parts thereof upon the successful
fulfillment of its terms;
|
| POLICY A-6 |
Council may require that any or all of the following
information be submitted by the developer with respect to any proposed development which
is to be subject of a Development Agreement under the appropriate sections of the Municipal
Government Act. a) A site plan showing the following information:
i) the physical and environmental characteristics of the proposed site including
information regarding topography, contours, elevations, dimensions, natural drainage,
soils, existing water courses, vegetative cover, size and location of lands;
ii) the proposed location, height dimensions and use of all buildings or structures
proposed to be built or erected on the lands;
iii) the type and amount of site clearing required, if any, and provisions proposed for
good site drainage and servicing with water and sewage disposal.
b) Information as to the hours of operation.
c) Information as to the architectural design, scaled plans, profiles, grade elevations
and cross sections.
d) Information as to the provisions for an appropriate natural buffer strip and
maintenance of the natural buffer strip.
e) Such further information as Council may require in order to properly assess the
compliance with other policies in the strategy. |
DEVELOPMENT OFFICER
| POLICY A.7 |
In accordance with the Municipal Government Act it
shall be the policy of Council to continue the services of the development officer who
shall administer these Land Use By-law and shall where appropriate grant development
permits. |
MINOR VARIANCE
| POLICY A-8 |
In addition to the general powers granted, the Municipal
Government Act empowers the Development Officer to grant "minor variances"
from the Land Use By-law. Specifically, the Development Officer may vary the percentage of
land that may be built on, the sizes of yards, courts and other open spaces, lot frontage
and lot area. Should the Development Officer grant or refuse a minor variance he must
serve notice of this action in accordance with the Municipal Government Act, and
his action may be appealed to Council by anyone served with such notice. |
SUBDIVISION CONTROL
Subdivision of land within the Municipality of the County of
Inverness is presently controlled by a Subdivision By-law adopted by Council and approved
by the Minister of Municipal Affairs on July 15, 1998. This By-law allows more flexibility
for lot division with respect to smaller lots or lots with reduced frontage. In areas,
like Chéticamp, with a Land Use By-law in effect the Subdivision By-law requires that
these elements be activated by the Municipal Planning Strategy and Land Use By-law.
| POLICY A-9 |
It shall be the policy of Council through the Municipal Development
Officer to administer the Subdivision By-law. |
The requirements of the Land Use By-law are often more strict than the Municipal
Subdivision By-law. However, it is the desire of Council that lots which are slightly
beneath the requirements of the Land Use By-law be considered in the same manner as in
areas which are unplanned. Section 279 of the Municipal Government Act, allows for
the approval of lots which do not meet the standards for frontage and/or area, yet meet no
less than 90% of these requirements.
| POLICY A-10 |
It shall be the policy of Council to permit the Subdivision Officer to
approve a plan of subdivision pursuant to Section 279 of the Municipal Government Act. |
The original land grants have left many narrow land parcels. Subdivision of these lots
has been possible because of the clauses of the Municipal Subdivision By-law which have
allowed lots to be created without frontage. Eliminating the ability of landowners to
subdivide these lots would restrict development, particularly in the more developed areas
of the island, and result in more low-density development with all lots fronting on the
road. For this reason, the Subdivision By-law provision permitting the creation of an
additional lot without frontage will be included in this By-law. There will be
requirements, however, that each lot without sufficient road frontage must have a
right-of-way access, which is clearly granted by deed.
| POLICY A-11 |
It shall be the intention of Council to permit the creation of one
additional lot without lot frontage pursuant to Section 19 of the Subdivision By-law,
subject to such lot having an easement for right-of-way and access, granted by deed and
registered at the Registry of Deeds. |
| POLICY A-12 |
It shall be the intention of Council to allow for the subdivision of lots
for the purpose of removing encroachments. |
Often, wharves and fish sheds located along the shoreline are often built on lots which
are too narrow and close to the water to be approved under the Municipal Subdivision
By-law. As a result, ownership of these lots is sometimes a problem. The Land Use By-law
will allow for the creation of small lots for these fishery uses, or for the erection of
plaques and monuments. These lots will not be eligible for on-site sewage disposal
systems, and will not be used for human habitation.
| POLICY A-13 |
It shall be the intention of Council to permit the subdivision of lots
intended specifically to be used for wharves, fish sheds and other fishery related uses,
as well as for the erection of plaques and monuments. Lots created under this provision
will be subject to a smaller minimum lot size than that required within each zone. These
lots will not be used for human habitation, and will not be eligible for an on-site sewage
disposal system. |
| POLICY A-14 |
It shall be the intention of Council to permit the subdivision of an area
of land which was in existence on the effective date of this municipal planning strategy,
for the purposes of creating as many lots as there are main buildings. |
OTHER MUNICIPAL BY-LAWS
| POLICY A-15 |
It shall be the policy of Council to
review from time to time and where necessary amend its Building By-law made pursuant to
the Provincial Building Code and Unsightly Premises By-law. The Building By-law, regulates
the structural requirements for new buildings and the Unsightly Premises By-law is aimed
at preventing property from becoming unsightly. |
BUILDING INSPECTOR
| POLICY A-16 |
It shall be the policy of Council, to continue the services
of the Building Inspector whose duty it will be to enforce the Building By-law, the
Minimum Standards By-law and the Unsightly Premises By-law. |
STRATEGY AMENDMENTS
| POLICY A-17 |
This document and all
associated maps constitute the official municipal planning strategy for Chéticamp Plan
Area. An amendment to this strategy shall be
required:
a) where any policy intent is to be changed;
b) where a desired zoning map amendment does not conform to the Generalized Future Land
Use Map; and can be shown through studies to be desirable;
c) where detailed area or functional strategies are desired to be incorporated into this
strategy.
|
| POLICY A-18 |
Strategy amendments shall require the approval of the
Minister of Municipal Affairs and shall be carried out in accordance with the provisions
of the Municipal Government Act. |
ACTIONS NOT REQUIRING A STRATEGY AMENDMENT
| POLICY A-19 |
Areas immediately adjacent to a given land use designation
on the Generalized Future Land Use Map may be considered for rezoning to a use which is
similar in nature to the given designation without requiring an amendment to this
strategy, provided that the intention of all other policies of the strategy are satisfied. |
STRATEGY REVIEW
| POLICY A-20 |
In accordance with the Municipal Government Act,
this strategy may be reviewed when either the Minister of Municipal Affairs or Council
deems it necessary, but in any case, the review shall be commenced within five years from
the date of coming into force of the planning strategy or the date of the last review. |
|
|
This document has
been prepared for convenience only and includes the Ministerial modifications which
accompanied the approval of the Deptartment of Housing and Municipal Affairson June
,2000.. Amendments made after this approval date may not necessarily be included and for
accurate reference, recourse should be made to the original documents. |