WHYCOCOMAGH

MUNICIPAL PLANNING STRATEGY

Land Use By-law

1. Introduction
This Municipal Planning Strategy for the Whycocomagh Plan Area has been prepared for the Council of the Municipality of the County of Inverness according to the provisions of the Planning Act, 1989, Chapter 346, Revised Statutes of Nova Scotia.

Although prepared under the guidance of the Municipality’s Planning Advisory Committee, in keeping with similar processes used in Port Hastings, Chéticamp, Port Hood and Inverness, an Area Advisory Committee was established and given the responsibility for the actual preparation of the documents and public participation.

The Whycocomagh Plan Area encompasses all lands along the Trans-Canada Highway from the Provincial Park to Waycobah First Nation and along Whycocomagh-Mabou Road to Churchview. Details of the Plan Area boundaries are outlined on the Context Map (page 2) and the Generalized Future Land Use (Map 1).

This Municipal Planning Strategy is intended to guide the decisions of Council with respect to regulating development within the Whycocomagh Plan Area. The goal of this Strategy is to reflect the aspirations of the citizens by providing an environment which protects and enhances the existing community while encouraging economic growth. The policies adopted by Council in this document are intended to foster this goal. The implementation of these policies is carried out in several ways, the most important being the Land Use By-law. It establishes the specific zones, lists the permitted uses and appropriate lot standards as well as presents the general standards applicable throughout the Plan Area. Maps referred to in the policy statements are included in this document and constitute part of this Strategy.

In adopting this Strategy, Council is not committed to undertake any project described herein, but is prevented from undertaking "any development within the scope of this planning strategy in a manner inconsistent or at variance therewith." It is intended, therefore, that the actions of Council reflect priorities set out in this Strategy.

2. Goals
This Municipal Planning Strategy details the methods and procedures formulated and formally adopted by Council for the purpose of organizing development and land use activity within the Whycocomagh Plan Area. Through the policy statements in this Strategy, the following goals for the Plan Area are clarified and implemented:

• To provide a framework and process which will protect and stabilize the various characteristics of the community.
• To control land use and development in a manner that will preserve, protect and enhance both the natural and built environments of the community.
• To maintain, improve and expand municipal services and facilities to acceptable standards to the extent of the Municipality’s financial capabilities.
• To set policies which direct development to appropriate locations within the community.

3. Physical Setting
The Village of Whycocomagh is situated approximately 32 kilometres southwest of Baddeck at the head of St. Patrick’s Channel. Nestled amid rolling hills, the community overlooks Whycocomagh Bay. One would never suppose that this tranquil, naturally beautiful place was once a bustling centre for trade and industry.

4. History
The area, originally called Wakogumoah, was first a prominent Mi’Kmaq settlement. "Wakogumoah" has been translated to mean many things: "beside the sea," "beside the flowing wave tops," "end of the bay," or "head of the waters." The name reflects the settlement’s position on the beautiful Bras d’Or Lake and recalls its original inhabitants, the Mi’Kmaq, who still live just west of the village. The community was known as Argyle before the adoption of the village name Whycocomagh, which is probably the Gaelic spelling of "Wakogumoah," .

One of the first European settlers in the area was John McKinnon of Tyree, Scotland, who arrived in the spring of 1821. He was followed by other Scottish pioneers who helped establish the Scottish presence in the area.

Rich in natural resources, early Whycocomagh prospered. Although logging was the main industry, cattle and dairy production were also important. The prosperity of early lumbering and farming aided in the growth of the shipbuilding industry. Products were transported to markets and the plentiful supply of timber made shipbuilding feasible.

From 1863 to 1875 a total of eight oceangoing vessels, mostly schooners, were constructed in Whycocomagh for sale and trade. The late Laughlin McDougall, once a Justice of the Peace and School Commissioner, is credited as being the driving force behind shipbuilding in the community. He arranged the construction of vessels for sale, such as the massive schooner "Ringleader," which was active in the coal trade until it ran aground in 1883.

Whycocomagh’s shipping industry became quite substantial. Exports to Sydney, Newfoundland and the eastern United States included barite mined in nearby Lake Ainslie, lumber and cattle. As early as the 1830s the community began trading timber, referred to as "ton timber", with Great Britain. Whycocomagh also had access to ships trading with such distant ports as Barbados and Jamaica.

The community became a thriving commercial centre. At one time, it boasted seven general stores, four hotels, two blacksmith shops and two wharves. Its population grew rapidly and by 1871 the population was 1 865, exceeding that of Sydney by 265 people.

As early as 1831 children were attending school in Whycocomagh, although the first official schoolhouse was not erected until 1863. Postal service was introduced in 1834 and the community’s first post office was opened July 1, 1855 with Laughlin McDougall as the first postmaster.

The Presbyterian Church was established in 1837 by a Scottish missionary, Reverend Peter MacLean. He was Whycocomagh’s earliest settled minister, holding his first service in an open field. A colourful and fervent preacher, Reverend MacLean attracted large numbers of listeners. Before completion of a new church, which had been intended to replace an existing log structure, it became apparent that it was already too small for Reverend MacLean’s growing congregation. Work then began on the large "MacLean Church" which was completed in 1857 and could accommodate up to 1 000 parishioners. Unfortunately, it was destroyed by fire in 1960. A memorial to Reverend MacLean and Whycocomagh’s pioneers today marks the site of the "MacLean Church."

Jonathan G. MacKinnon was also a prominent resident. Born in Whycocomagh and educated at Sydney Academy, he is best known as founder, editor and publisher of the world’s first and longest running Gaelic language newspaper. The first volume of "MacTalla," which means "echo" in Gaelic, appeared on May 28, 1892, when MacKinnon was 22 years of age. He was able to keep "MacTalla" alive for twelve years despite lagging subscriptions and is respectfully remembered for his efforts to preserve Gaelic culture in the area.

When steam replaced sail, Whycocomagh maintained two steamers for the Whycocomagh to Sydney run. The "Marion," a side wheel paddler, was destroyed by fire in 1922 while moored in Whycocomagh, but is remembered today through the "S.S. Marion Sailing Society."

The opening in 1833 of the Cape Breton Railway, which ran from Point Tupper to Sydney, impacted Whycocomagh’s marine trade. This new railway as well as new highways soon replaced water as the main mode of transportation. Whycocomagh was no longer a centre for commerce. By the end of the Second World War, Whycocomagh’s flourishing mercantile industry had faded.

Traces of Whycocomagh’s history are still prevalent. One of Whycocomagh’s oldest remaining homes, once the residence of Laughlin McDougall, dates from 1835. MacKeigan’s Pharmacy, originally MacPhails Grocery, was built sometime before 1867. The Masonic Hall, erected in 1871, is still is use today. In 1893, the "MacLean Church" was replaced by a second Presbyterian Church closer to the center of Whycocomagh on the "Old Road," where it remains today, though it has since become a United Church.

Over the years Whycocomagh’s pace has slowed, yet it remains popular with tourists and residents alike for its beautiful scenery and heritage. The Salt Mountain Lookoff, located in Whycocomagh Provincial Park, provides a brilliant view of the Bras d’Or Lake. Local motels and inns have been established. Gift shops display baskets and artwork produced locally by the Mi’Kmaq. People continue to enjoy the Whycocomagh area, drawn by its spectacular setting on the shores of the Bras d’Or Lake.

5. Population
The population of the Whycocomagh Plan Area in 1993 is estimated at 511 people. Barring unforeseen events, the population is not expected to fluctuate significantly in the near future, as it has been stable for the past few years. The County as a whole has had a negligible decline in population which averaged 0.05% per year between 1976 and 1991.

Development in Whycocomagh has produced a community in which a wide variety of uses are located throughout the Plan Area. It is the opinion of the community that this development pattern is desired and should be permitted to continue. Therefore one designation, "General Development" will encompass the entire Whycocomagh Plan Area. Zones will be utilized to recognize existing uses as well as to encourage future uses by zoning undeveloped areas appropriately.

Policy 1.0 It shall be the policy of Council to designate the entire Whycocomagh Plan Area as "General Development".

General Residential Development
Residential development in the Whycocomagh Plan Area has predominantly developed along the Trans-Canada Highway, Main Street and Whycocomagh-Mabou Road. There are approximately 154 dwellings in the Plan Area, most of which are fully serviced and are generally in good repair.

The bulk of the residential area will be zoned Residential Centre (R-1) and will generally be on lands which are serviced with both municipal water and sewer. This zone will allow for a wide variety of residential developments, commercial developments of a residential nature (uses such as boarding houses and bed and breakfast establishments) and institutional developments.

Outside the serviced area, the Residential Rural (R-2) Zone will allow for a variety of residential development on larger lots to accommodate private on-site well and septic systems.

Future residential development will be encouraged to take place in areas with existing services through the use of less restrictive lot standards. This will result in orderly and compact development at the least cost to the municipality and residents. Potential problems with on-site water and septic systems will also be avoided.

Policy 1.1 It shall be the policy of Council to establish a Residential Centre (R-1) Zone which permits the following and similar types of uses: residential dwellings to a maximum of four (4) dwelling units; boarding houses; bed and breakfast establishments; senior citizen and nursing homes; recreational uses; institutional uses; cemeteries; fire halls; wharves and boathouses; existing barns, stables, and kennels; existing multiple unit dwellings and existing commercial uses. It shall be the policy of Council to exempt recreational uses from the R-1 zone lot requirements.

Policy 1.2 It shall be the policy of Council to establish a Residential Rural (R-2) Zone which permits the following and similar types of uses: single detached dwellings; semi-detached and duplex dwellings; bed and breakfast establishments; cottages; recreational uses; churches and cemeteries; schools and day care centres; wharves and boathouses; golf driving ranges and related uses; and existing forestry and agricultural uses.

Policy 1.3 It shall be the policy of Council to consider the rezoning of lands which are presently zoned Residential Rural (R-2) to Residential Centre (R-1) upon the installation of municipal water and/or sewer services.

Home Occupations
Home occupations are businesses operated within a dwelling or an accessory building to the dwelling. An occupation, trade or profession carried out by the occupant of the dwelling and is a secondary use to the residential use is considered a home occupation. They have no associated outdoor storage, limited use of signs and do not have a detrimental impact on the surrounding neighbourhood. The surrounding residents may benefit by having services provided locally. The operator of the business also benefits through reduced start up and operating costs. Standards are established which will not change the character of the dwelling or have any exterior evidence, other than limited signage, of the secondary use, to ensure the integrity of the residential neighbourhood.

Policy 1.4 It shall be the policy of Council to permit business uses in a residence or an accessory building to the residence provided the scale of the operation and its external appearance are compatible with the residential environment. It shall be the policy of Council to regulate signage and prohibit outdoor storage pertaining to the home occupation.

Mobile Homes and Mobile Home Parks
In Whycocomagh, mobile homes are an important part of the housing stock and make up approximately 8% of existing homes. The majority of these are located along Johnsons Lane, but the remaining are located throughout the village. They are located on individual lots and have adequate street frontage and lot area.

Since they are an important housing source within the community, Council will treat mobile homes in the same manner as single detached dwellings. They will be permitted in the same zones and will be subject to the same lot standards as single detached dwellings. Mobile homes within the Plan Area shall require skirting.

Policy 1.5 It shall be the policy of Council to allow mobile homes in all zones which permit single detached dwellings and consider mobile homes outside of mobile home parks as single detached dwellings. In addition to the general development standards established in Policy 8.1 of this Strategy, it shall be the policy of Council to regulate the external appearance of mobile homes.

At the present time, there are no mobile home parks in Whycocomagh. In the event there is a proposal for the establishment of a mobile home park within the Plan Area, Council will consider an amendment to the Land Use By-law (rezoning to the MHP Zone) provided that certain criteria as listed in this Strategy are complied with.

To provide guidelines for prospective developers of mobile home parks and to ensure some degree of protection to the existing community, the development will be controlled with regard to all planning aspects, including design and construction. Adequate spacing between homes, lot sizes and servicing systems will be required in order to establish and maintain proper development standards within the zone. Landscaping and buffering provision will also be required to minimize any adverse affect between the mobile home park and other uses.

Policy 1.6 It shall be the policy of Council to establish a Mobile Home Park (MHP) Zone and to permit within the zone the following and similar types of uses: mobile home park; mobile homes; recreational uses; mobile home park administration offices; commercial establishments incidental to the operation of the mobile home park such as laundromats and convenience stores; maintenance equipment and storage facilities related and incidental to the operation of the park; and wharves and boathouses. It shall be the policy of Council to require landscaping and buffering between mobile home parks and other uses such that any land use conflicts may be minimized. Within the Mobile Home Park (MHP) Zone, more than one building may be placed on a lot.

Policy 1.8 It shall be the policy of Council to consider approval of a mobile home park by amendment to the Land Use By-law. In considering such amendments, Council shall have regard to the following:

(a) the development will be served by municipal centralized water and sewer services the cost of which will be borne by the developer and that it will not strain the capacities of the existing services;

(b) the development will not strain the capacities of schools and parks;

(c) any extension will not negatively affect the level or quality of services in any existing portion of the mobile home park;

(d) the landscaping and buffering provisions between the proposal and adjacent land uses is such that it will protect the privacy, and minimize the adverse affects between the uses;

(e) the landscaping and buffering provisions from the public road to which it has access is such that adverse affects will be minimized;

(f) the impact of the mobile home park on external traffic circulation patterns is such that the capacity of the existing transportation network will not be strained; and

(g) the proposal is consistent with the criteria to amend the Land Use By-law, Policy A-8.

General Commercial Development
Commercial establishments within the Whycocomagh Plan Area are located throughout the village, but have mainly developed along the Trans-Canada Highway and Main Street. The wide variety of development caters to both residents and the travelling public. While it is not necessary for these developments to be fully serviced, future commercial development should be encouraged to locations with existing municipal services in order to maximize the use of available facilities and minimize environmental impacts. Separate standards shall be established for those developments which are partially serviced or unserviced.

The commercial establishments within the Whycocomagh Plan Area are generally compatible with the surrounding development. To reduce the impact of commercial development on adjacent residential development, special abutting yard requirements are established with regards to open storage and display, parking, and landscaping. Commercial uses which do not front on the Trans-Canada Highway shall be subject to separate front yard and parking requirements, to reflect the unique quality these developments have in the community. The rezoning criteria includes the consideration of landscaping/buffering to minimize impacts on adjacent residential developments, transportation safety and the effect on the proposed development on the integrity of the area. The proposed development must also meet the general rezoning criteria used for all lands within the Whycocomagh Plan Area. It is the intent of Council to protect and enhance the existing characteristics of the community.

Policy 2.1 It shall be the policy of Council to establish in the Land Use By-law a Commercial (C-1) Zone and permit within this zone the following and similar types of uses: new residential dwellings located in the same building as a commercial use; retail stores; professional offices including medical clinics; banks and financial institutions; personal service establishments; restaurants and take-out restaurants; beverage rooms and other drinking establishments; entertainment centres; automobile sales and service centre facilities; service shops; institutional uses; motels, hotels, rental cabins and campgrounds; public parks and playgrounds; warehousing and storage facilities; and private clubs. It shall be the policy of Council to establish abutting yard requirements between commercial and residential uses. It shall also be the policy of Council to have separate front yard and parking requirements for developments which do not front on the Trans-Canada Highway.

Policy 2.2 It shall be the policy of Council to consider amendments to the Land Use By-law to allow for rezoning of lands to Commercial (C-1). In considering such amendments, Council shall have regard to the following:

(a) the adequacy of the separation distance and buffering through landscaping between the proposed development and adjacent residential land uses to mitigate negative impacts;

(b) the adequacy of the public road or street to accommodate the increased traffic generated by the proposed development;

(c) the commercial use shall not adversely affect the existing residential character or threaten the stability of the surrounding residential area as a result of physical characteristics of the development or the characteristics of the use and associated activities; and

(d) that the proposal is consistent with the criteria to amend the Land Use By-law, Policy A-8.

3. Open Space
Recreational uses will be permitted within all residential zones. Residents and tourists appreciate having some areas set aside for leisure activities or sport events. At the present time, these facilities are centred around the school and the arena located in the northwest corner of the Plan Area.

Whycocomagh Provincial Park is the most prominent section of land within the Plan Area for recreation. There are basic camping facilities such as picnic tables and grills which are enjoyed by both residents and travellers. The hiking trail in the Park makes its way to Salt Mountain, which provides a view of Whycocomagh and the surrounding area. The Park and information booth is maintained by the provincial Department of Natural Resources. This Park will be zoned Open Space (OS).

Policy 3.1 It shall be the policy of Council to permit recreational uses in all residential zones.

Policy 3.2 It shall be the policy of Council to establish an Open Space (OS) Zone and to permit within the zone the following and similar types of uses: recreational uses; accessory uses to a beach including changing rooms and washroom; boardwalks and nature interpretation stands; canteens; conservation projects; information stands; marina facilities; and picnic areas and facilities.

Policy 3.3 It shall be the policy of Council to consider the rezoning of lands to Open Space (OS) if the proposal is consistent with the criteria to amend the Land Use By-law, Policy A-8.

Policy 3.4 It shall be the policy of Council to have no minimum lot requirements for developments in the Open Space (OS) Zone.

Resource Development
The large amount of undeveloped land within the Whycocomagh Plan Area creates a setting in which potential activities such as non-obnoxious light industrial, agricultural, forestry and fishery uses may be accommodated. These will be permitted uses within a Resource Industrial (I-1) Zone. Local employment opportunities may be created, benefitting the entire community. However, given the proximity to the Bras d’Or Lake, care should be taken to ensure the environmental integrity of the area. Areas will not be prezoned for these uses, but will be permitted by a rezoning from the Rural Residential (R-2) zone subject to criteria designed to direct these uses to appropriate locations which will have the least negative impact on the existing development and the environment. Special requirements in terms of setbacks shall apply to non-residential and non-commercial uses within the zone.

Policy 4.1 It shall be the policy of Council to establish a Resource Industrial (I-1) Zone and permit within the zone the following and similar types of uses: light industrial uses; agricultural and related uses; fishery and related uses; forestry and related uses; and residential and commercial uses related to the above uses.

Policy 4.2 It shall be the policy of Council to establish special setback requirements for resource and industrial uses and abutting yard requirements pertaining to signage, outdoor storage, outdoor display and parking spaces to minimize the potential for land use conflicts.

Policy 4.3 It shall be the policy of Council to consider amendments to the Land Use By-law to allow for the rezoning of lands from a Rural Residential (R-2) Zone to a Resource Industrial (I-1) Zone. In considering such amendments, Council shall have regard to the following:

(a) the adequacy of the public road or street in which it fronts to accommodate any increased traffic generated by the proposed development;

(b) the use shall not adversely affect the existing residential or natural character or threaten the surrounding residential area as a result of physical characteristics of the development or the characteristics of the use and associated activities; and

(c) the proposal is consistent with the criteria to amend the Land Use By-law, Policy A-8.

Industrial Development
Whycocomagh is a rural community adjacent to the Bras d’Or Lake with an abundance of wildlife and rich in natural beauty. This type of environment is not compatible with intensive industrial development. Accommodations must be made for the existing industrial uses and these will be zoned Industrial (I-2). No rezoning provisions will be established to accommodate further intensive industrial uses.

Policy 4.4 It shall be the policy of Council to establish an Industrial (I-2) Zone which will be applied to existing industrial properties and permit within the zone the following and similar types of uses: oil storage tanks and distribution facilities; light industrial uses; warehouses; trucking facilities; construction facilities; and retail sales. It shall be the policy of Council to establish abutting yard requirements between industrial and non-industrial uses pertaining to outdoor storage, outdoor display, parking spaces and landscaping in order to minimize the potential for land use conflicts.

Policy 4.5 It shall be the policy of Council not to permit rezoning of lands to Industrial (I-2).

1. Education
Schools are generally a focal point in any village or town and their location and capacity directly affects the community. The education facilities available in Whycocomagh are important to the continued growth of both the students and the village as a whole. Therefore, the Municipality and the School Board must maintain close contact in order to effectively meet the needs of the school and the community.

The Whycocomagh Plan Area and surrounding regions are served by Whycocomagh Consolidated, a school for grades primary through 12. Similar to schools in nearby communities, enrollment in Whycocomagh Consolidated has been fairly stable (the change in enrollment was less than 5%) as seen by the following chart:

SOURCE: Whycocomagh, Port Hood, Mabou Consolidated Schools, 1994. Estimates provided by the Inverness District School Board, 1994.
*For the school year of 1992-1993, the enrollment increased to 332 due to students being transferred from Orangedale Elementary School.

The Inverness District School Board, composed of elected members, is responsible for the control and management of schools and programs within the Municipality. The provincial government cost-shares various items related to the operation of the School Board and also bore the construction costs for Whycocomagh Consolidated. Selection of school sites in Inverness is conducted by the School Board in consultation with the Municipality as well as local school trustees, though the Provincial Department of Education makes the final decision in site selection.

Schools in small communities are in danger of being closed since it is often more cost effective to simply bus students to larger, schools in a central location rather than maintain numerous smaller ones. Such is the case with Whycocomagh Consolidated. While the school has proved to be a high caliber educational institution by offering every core course the School Board deems mandatory and advancing many of its students to post secondary education, its facilities have been allowed to deteriorate. Though the population of the Village is stable, Whycocomagh Consolidated operates above capacity and suffers from a shortage of adequate classroom space with some classes held in portables. Compared to other schools in the County, Whycocomagh Consolidated has the least amount of square footage per student at 79.4. Inverness Junior-Senior High, though it had only slightly fewer students attending in 1992, has over 2.5 times the area of Whycocomagh Consolidated.

Policy 5.1 It shall be the intention of Council to encourage the Inverness District School Board to continue to consult with the community and the Municipality prior to altering the functions of Whycocomagh Consolidated School.

Policy 5.2 It shall be the intention of Council to encourage the Inverness District School Board to closely monitor population and development within the School Area. Furthermore, it shall be the intention of Council to make strong representation to the provincial government to provide a planned response to the needs of the existing school.

Policy 5.3 It shall be the intention of Council to promote the elimination of portable classrooms. Furthermore, it shall be the intention of Council to encourage the expansion and upgrading of Whycocomagh Consolidated so that suitable classroom space and adequate facilities are accessible to all students.

Although schools are mainly used for the education of students, many have also become community centres. A wide range of additional services are offered through Inverness District schools, including leisure and educational programs for all ages, and in these cases the schools play a significant role in community development.

Policy 5.4 It shall be the intention of Council to encourage the Inverness District School Board to support the continued use of school facilities as community centres in order to provide for a range of individual educational needs and to help foster community, social and cultural development.

Policy 5.5 It shall be the intention of Council to request that the Department of Education and the Inverness District School Board investigate methods in which support and additional space can be provided for after-hours programs for the community.

Police Protection
Inverness County utilizes the RCMP for police protection. The detachment, located in Baddeck, is responsible for policing in the areas from the Seal Island Bridge to Whycocomagh. It is manned by seven officers and one office clerk. Backup detachments are located at Ingonish Beach, Inverness, North Sydney and Port Hawkesbury.

Policy 6.1 It shall be the policy of Council to encourage the efforts of the RCMP in providing police protection within the Whycocomagh Plan Area.

Fire Protection
The Whycocomagh Plan Area is served by the Whycocomagh Volunteer Fire Department, which has a brigade of 30 to 32 personnel. The fire station is located on Main Street and its equipment consists of two tanker trucks and an emergency response van. The Fire Department operates under a municipal grant and with money raised through fund raising activities by volunteers.

Policy 6.2 It shall be the policy of Council to support the efforts of the Whycocomagh Volunteer Fire Department in providing fire protection for the community.

Policy 6.3 It shall be the policy of Council to hold annual discussions with officials of the Whycocomagh Volunteer Fire Department. These discussions shall include, but not be limited to, the needs of the Department in relation to manpower, equipment and area rates.

Water and Sewer Services
Municipal water and sewer services are provided to a portion of the Whycocomagh Plan Area. The water mains and sewer lines run parallel to the Trans-Canada Highway from Norma’s Diner to Vi’s, Main Street, Whycocomagh-Mountain Road, Milford Road, MacInnis Road and Whycocomagh-Mabou Road from the Trans-Canada Highway to the Skye River. Water is supplied by two wells located on Mountain Road and are able to meet demands of up to 100 gallons/minute. The water treatment plant has the capacity to treat up to 400 000 gallons/day, but at the present time is operating below capacity. The sewage treatment plant is located off the Trans-Canada Highway near the Skye River, serving both Whycocomagh and the Waycobah First Nation Reserve. Effluent is discharged into the Skye River. Although currently operating below capacity, the treatment plant has a capacity of 200 000 gallons/day. Both of these services are at the beginning of a projected 20 year life span.

Policy 7.1 It shall be the intention of Council, before approving any proposal to extend either water or sewer services to consider:

(a) the financial capability of the Municipality to absorb any costs relating to the extension;

(b) any existing drainage or pollution problems in the area under consideration; and

(c) the availability of vacant land currently serviced by municipal services.

Policy 7.2 It shall be the intention of Council to continue to monitor the adequacy of the municipal water and sewer systems.

Public Roads
Although the roads within the Plan Area are generally in good repair and adequately accommodates the traffic, there is one section of road which is in need of attention: the intersection of Whycocomagh-Mabou Road, Main Street and the Trans-Canada Highway. Clustered around this intersection are a number of roadside businesses, including a service station and restaurant which generate a large amount of traffic. As this intersection is located on a curved section of the highway, the visibility of oncoming traffic is hampered, creating a hazardous situation for vehicles attempting to access the Trans-Canada Highway from Main Street. These problems are exacerbated by motorists who disobey the posted 70 km/h speed limit and ignore the existing flashing amber warning light. Of particular concern are the dangers encountered by the students attending Whycocomagh Consolidated School, who must pass through this intersection.

Several options exist which could remedy this problem. A set of traffic lights could control and direct traffic and decrease the speed of motorists. This may improve the safety of pedestrians wishing to cross the highway. The Department of Transportation, however, does not generally permit traffic lights along the Trans-Canada Highway.

Another solution would be the blocking of the west end of Main Street to sever the connection to the Trans-Canada Highway, essentially creating a "dead end." Access to the highway could be gained at the east end of Main Street and, to the west, through either one of two existing unpaved roads which currently have access to the Trans-Canada Highway. This would reroute some traffic through the intersection and vehicles would be prevented from entering the highway from a point of poor visibility. However, this option requires that one of the two unpaved roads be upgraded. Businesses located along the "dead end" portion of Main Street might suffer. The indirect route may inconvenient school buses heading to Whycocomagh from the west.

One final solution is to make a section of Main Street open only to eastbound traffic. This one-way portion, which would stretch from the intersection with the Trans-Canada to one of the existing unpaved roads, would only allow traffic to enter Main Street from the Trans-Canada Highway. This would prevent traffic from flowing into the intersection from Main Street, eliminating conflicts due to the poor visibility between the motorists driving around the curve on the highway and vehicles exiting Main Street. This option would also require the upgrading of one of the two unpaved roads

Policy 7.3 It shall be the policy of Council to lobby the Department of Transportation and Communications to investigate methods of improving the safety at the intersection of Main Street, Whycocomagh-Mabou Road and the Trans-Canada Highway.

Policy 7.4 It shall be the policy of Council to lobby the Department of Transportation and Communications to investigate the possibility of installing traffic lights at the intersection of Main Street, the Whycocomagh-Mabou Road and the Trans-Canada Highway.

Policy 7.5 It shall be the policy of Council to encourage the RCMP to increase their monitoring of motorists along the Trans-Canada Highway, particularly at the intersection of Main Street, the Whycocomagh-Mabou Road and the Trans-Canada Highway.

Public and Private Utilities
Public and private utilities are commonly located throughout any community. These utilities provide essential communication, electrical, transportation and water services and often have to place equipment or transmission lines in all sectors of a community. In order not to place undue hardships on these utilities, Council will permit these uses in all zones within the Plan Area.

Policy 7.6 It shall be the policy of Council to permit public and private utilities in all zones within the Plan Area and require a development permit for any such use.

Government Buildings and Facilities
It is difficult to determine where in the Whycocomagh Plan Area government buildings and facilities may be needed in the future. Council is of the opinion these uses should be permitted within any zone of the Plan Area to ensure essential services are provided to the local population and travelling public in the most efficient and convenient manner. The government currently maintains the post office and the Whycocomagh Provincial Park.

Policy 7.7 It shall be the policy of Council to permit government buildings and facilities in all zones within the Plan Area.

Refuse Collection
The Municipality provides for refuse collection on a contractual basis. Solid waste is collected once a week by truck, then transported to a municipal dump site. It is the intent of the Municipality to continue using the current refuse collection system.

Policy 7.8 It shall be the policy of Council to maintain refuse collection through the Municipality’s Garbage Collection By-law.

General Development Standards
Development standards apply to the physical development which occurs within the Plan Area. These standards are intended to provide for the orderly and safe development of the community while achieving optimum use of municipal services.

Policy 8.1 It shall be the policy of Council to establish, in the Land Use By-law, the following land or development standards:

a) minimum lot size and yard requirements and maximum height restrictions for each zone, which may vary from zone to zone;

b) parking requirements which may vary according to the proposed use and location of land;

c) parking lot requirements which shall include provisions with respect to size, number and location of driveway accesses and the deflection of parking lot illumination away from adjacent land uses;

d) signage requirements which shall address the number, placement and size of signs;

e) provisions concerning temporary buildings, temporary uses and special occasion uses; and

f) provisions for the operation of a home occupation.

Illumination
Policy 8.2 It shall be the policy of Council to establish requirements to minimize the impacts of any outdoor illumination on adjoining properties and adjacent streets.

Loading Space Exemption
Loading spaces are required for commercial and industrial uses where there is frequent shipping, loading or unloading of goods. Council recognizes that in some cases, this requirement cannot be met. Therefore, proposals to be situated on existing vacant undersized lots which cannot comply with the requirements shall be exempt from the loading space requirements.

Policy 8.3 It shall be the policy of Council to allow new commercial or industrial use to occur on an existing vacant undersized lot where such use cannot comply with the loading standards of the Land Use By-law.

More than One Main Building on a Lot
Some lots in Whycocomagh are large enough to accommodate more that one residential building and owners may wish to do so, often placing a home for another family member on the same lot. Council does not wish to place a restriction on this. However, some measures must be taken to ensure that, should the land be sold, each home can be separated by subdivision.

Policy 8.4 It shall be the policy of Council to establish requirements for lots on which there contains more than one main residential building.

Outdoor Storage
Outdoor storage, such as wood piles or the storage of equipment required for the maintenance of the dwelling or accessory building, is a natural and accepted characteristic of residential development. This type of outdoor storage will not be restricted by Council, however outdoor storage not associated with the dwelling will not be permitted, such as the storage of construction material or equipment.

Policy 8.5 It shall be the policy of Council to restrict outdoor storage in a residential zone to that which is consistent with the use of a dwelling or accessory building.

Parking Standards for a Change of Use
Policy 8.6 It shall be the policy of Council to exempt any additional parking requirements when a change of use to an existing commercial or industrial use cannot comply with the parking standards in the Land Use By-law.

Permitted Encroachment in Yards
Policy 8.7 It shall be the policy of Council to regulate the types, locations and maximum distance of projections from main buildings in all zones within the Plan Area.

Separation Distance and Buffering from Waterbodies
The Whycocomagh Plan Area contains many bodies of water within its boundaries. This special resource provides many benefits to the community and visitors by creating areas of passive and active recreation, but more importantly, they are areas for wildlife to flourish. A separation distance and buffer from the shoreline will not by itself preserve the landscape along the waterbodies or protect the waterbody, but it will limit structures from being built to the water’s edge and provide a treed buffer between any development and the water. A separation distance or buffer provides a balance between accommodating development and the need for the preservation of the natural beauty and habitats.

Policy 8.8 It shall be the policy of Council to establish a setback from Whycocomagh Bay and the Skye River. Wharves and boathouses located adjacent to Whycocomagh Bay shall be exempt from this requirement.

Policy 8.9 It shall be the policy of Council to establish a landscaping requirement of a treed buffer along any waterbody within the Whycocomagh Plan Area.

Signage
Signage is not currently a concern in Whycocomagh. However, with many tourists passing through the community on their way to or from the Cabot Trail, consideration must be given to the placement and type of signs to prevent the haphazard signage which often occurs along a highway. Council is of the opinion that controls should be placed on all signs to be erected within the Plan Area. A development permit will be required for all signs within the Plan Area to ensure safety and maintenance standards are complied with.

Policy 8.10 It shall be the policy of Council to consider at some future date, amendments to the Land Use By-law requirements for the placement and size of signs within the Plan Area. In the meantime, a development permit shall be required for the erection of all signs within the Plan Area.

Policy 8.11 It shall be the policy of Council to limit the quantity of ground signs permitted on a lot within the Plan Area.

Temporary and Special Uses
New development or construction often requires the use of small storage sheds, equipment and offices. These uses are considered a normal part of the construction process and Council does not intend to restrict their use in the Plan Area, though Council will require that any temporary use be removed soon after the construction project has been completed.

Special uses refers to signs, banners, display booths and other associated structures which are used during special events and celebrations, such as the Whycocomagh Summer Festival. Council does not wish to restrict these uses within the Plan Area, but will require that special uses be removed when the event has concluded.

A development permit will be required for both of the above uses.

Policy 8.12 It shall be the policy of Council to allow temporary structures used in development or construction projects, including equipment, scaffolding, sheds and offices within the Plan Area. Council will require that any temporary use be removed within a specified time period upon completion of the project. A development permit shall be required for a temporary use.

Policy 8.13 It shall be the policy of Council to allow for special uses such as signs, banners, display booths or other related structures within the Plan Area. Council shall require that any special use be removed within a specified time period upon conclusion of the event. A development permit shall be required for a special use.

General
The Municipal Planning Strategy for the Whycocomagh 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 the Strategy will be implemented through a variety of means, but generally through the powers of Council as provided by the Planning Act, the Municipal Act and other statutes as may apply.

Policy A-1 In addition to employing specific implementation measures, it shall be the policy of Council to maintain a program of ongoing planning through the Inverness Planning Advisory Committee and Whycocomagh Area Advisory Committee. Such a program may include aspects of public information and participation, further study respecting such matters as the drafting or revision of Municipal By-laws which deal with planning issues and any other issues which 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, applications for amendment of the Land Use By-law shall be directed to the Inverness/Richmond District Planning Commission and provincial government agencies such as the Departments of Health, Transportation and Communications and Environment for their information and comment, as may be required.

Strategy Amendments
Policy A-3 Chapters 1 to 5 of this Strategy and all associated maps constitute the official Municipal Planning Strategy for the Whycocomagh Plan Area. An amendment to this Strategy shall be required:

(a) where any policy intent is to be changed;

(b) where a desired amendment to the Land Use By-law does not conform to the Generalized Future Land Use Map; and can be shown to be desirable through studies;

(c) where detailed area or functional strategies are desired to be incorporated into this Strategy;

(d) where the Strategy is in conflict with applicable provincial land use policies or regulations, in accordance with Section 47(1) of the Planning Act;

(e) where policies of this Strategy are altered to coincide with policies of other planning strategies; or

(f) where the boundaries of the Plan Area are altered to coincide with boundaries of future Plan Areas.

Policy A-4 Strategy amendments shall require the approval of the Minister of Municipal Affairs and shall be carried out in accordance with the provisions of the Planning Act.

Amending the Land Use By-law
The principal mechanism by which land use policies in the Municipal Planning Strategy are implemented is the Land Use By-law. The Land Use By-law sets out zones, permitted uses and development standards within the zones and shall reflect the policies of the Municipal Planning Strategy (as required by the Planning Act). It is expected that the By-law 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. a 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 Planning Act.

Policy A-5 In considering amendments to the Land Use By-law it shall be the policy of Council to:

(a) request a report from the Inverness/Richmond District Planning Commission;

(b) request the Inverness Planning Advisory Committee and the Whycocomagh Area Advisory Committee to consider the report prepared by the Planning Commission with respect to Policy A-8 (Criteria for Amendment to the Land Use By-law), 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 as set out in the Planning Act; and

(e) require the applicant to pay the cost for advertising with respect to public notice as provided for in the Planning Act.

Amendment to the Land Use By-law
It is not intended that all land shall be pre-zoned as indicated by the policies of this Strategy. Rather, in order that Council may maintain a high degree of control on future development, initial zoning provisions will be comparatively restrictive. Development proposals which would not be permitted in the initial zoning will be processed as amendments to the Land Use By-law. However, such amendments will be granted only if they meet the criteria found within this Municipal Planning Strategy. Mobile home parks, in particular, shall not be prezoned.

Policy A-6 The following uses or zones shall be considered by amendment to the Land Use By-law:

(a) rezoning from Residential Rural (R-2) to Residential Centre (R-1) upon provision of servicing as indicated in Policy 1.3 and according to Policy A-8;

(b) rezoning to a Mobile Home Park (MHP) Zone according to Policy 1.8 and Policy A-8;

(c) rezoning to Commercial (C-1) according to Policy 2.2 and Policy A-8;

(d) rezoning to Open Space (OS) according to Policy A-8; and

(e) rezoning from Residential Rural (R-2) to Resource Industrial (I-1) according to Policy 4.3 and Policy A-8.

In some instances, a rezoning to allow for a mobile home park, commercial or industrial use may have been approved, but due to a variety of reasons, the owner may decide, before construction begins, that the development will not be carried out. Some owners may wish to rezone the property back to the original residential zone. Such rezonings to a residential zone (downzoning) will be processed as amendments to the Land Use By-law. Only lands in which municipal servicing is provided will be considered for rezoning to Residential Centre (R-1).

Policy A-7 The following zones shall be considered by amendment to the Land Use By-law:

(a) rezoning from Mobile Home Park (MHP), Commercial (C-1), or Industrial (I-2) to Residential Centre (R-1) according to Policy A-8 and upon the provision of municipal water and/or sewer services; and

(b) rezoning from Mobile Home Park (MHP), Commercial (C-1), Resource Industrial (I-1) or Industrial (I-2) to Residential Rural (R-2) according to Policy A-8.

Criteria for Amendment to the Land Use By-law
Policy A-8 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.

(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 the municipal 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, and leading to the development; and

(v) the potential for the contamination of water courses or the creation of erosion or sedimentation.

(c) That the proposal conforms to the requirements contained in the Land Use By-law relating to the following:

(i) the type of use;

(ii) the height, setback and yard requirements of any proposed building;

(iii) access to and egress from the site and parking;

(iv) open storage;

(v) signs; and

(vi) similar matters of planning concern.

(d) Suitability of the proposed site in terms of steepness of grades, and/or location of watercourses.

Municipal Development Officer
Policy A-9 In accordance with the Planning Act, it shall be the policy of Council to continue the services of the Municipal Development Officer of the Inverness/Richmond District Planning Commission who shall administer the Land Use By-law and shall, where appropriate, grant development permits.

Building Inspector
Policy A-10 It shall be the policy of Council, to continue the services of the Building Inspector, employed by the Inverness/ Richmond District Planning Commission, whose duty it is to enforce the Building By-law, the Minimum Standards By-law and the Unsightly Premises By-law.

Minor Variances
Policy A-11 In addition to the general powers granted in the Planning Act, the Act also empowers the Municipal Development Officer to grant "minor variances" from the Land Use By-law. Specifically, the Municipal 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 Municipal Development Officer grant a minor variance, he/she must serve notice of this action in accordance with the Planning Act. Anyone served with such notice may appeal to Council.

Subdivision Control
Subdivision of land in the Municipality of the County of Inverness is controlled by a Subdivision By-law adopted by Council on August 7, 1984. These Regulations apply to all subdivision of land within the County. At present, the Regulations contain provisions which allow for the creation of private roads.

The Planning Act, through Section 107, provides for the approval of a plan of subdivision with a maximum of two lots which do not meet the lot dimensions and/or area requirements provided that the lots being created are within 90% of these requirements. Council will make use of this provision, subject to the restrictions of Section 107(2) of the Planning Act. Development on these lots will be treated in the same manner as development on existing undersized lots.

Policy A-12 It shall be the policy of Council to administer the Subdivision By-law through the Municipal Development Officer.

Policy A-13 It shall be the policy of Council to permit the Municipal Development Officer to approve a plan of subdivision pursuant to Section 107 of the Planning Act.

Other Municipal By-laws
Policy A-14 It shall be the policy of Council to review from time to time and, when necessary, amend its Municipal Building By-law (Provincial Building Code, 1990) and Unsightly Premises By-law. The Building By-law regulates the structural requirements for new buildings and the Unsightly Premises By-law establishes property standards.

Annual Meetings
The purpose of the Municipal Planning Strategy is to guide the decisions of Council with respect to the regulation of private and public development and to continue to provide adequate public services and facilities to the residents within the Whycocomagh Plan Area. In order to maintain a healthy rapport between the Municipality and the various local agencies that administer services to the community, Council shall encourage proper monitoring of public services through annual discussions with the community.

Policy A-15 It shall be the policy of Council that the Inverness/Richmond District Planning Commission hold an annual meeting with the Whycocomagh Area Advisory Committee to discuss and review the Municipal Planning Strategy and Land Use By-law for the Whycocomagh Plan Area, so as to monitor the changing needs of the community for the required five year Plan Review.

Strategy Review
In accordance with the Planning 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 the coming into force of the Municipal Planning Strategy or the date of the last review.

Policy A-16 In accordance with Section 49 of the Planning Act, the Municipal Planning Strategy may be reviewed when either the Council deems it advisable or when requested by the Minister of Municipal Affairs but in any case shall be reviewed not later than five years from the date of its coming into force or from the date of its last review.