Municipality of Digby Municipal Planning Strategy

Digby, Nova Scotia

This is the exact embedded text of the captured official document. Snapshot a8aaff3465e8 · verified 2026-06-05 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Municipality of Digby Municipal Planning Strategy Municipality of Digby Municipal Planning Strategy Municipality of Digby Municipal Planning Strategy Table of Contents Part 1 Introduction/Preface 1 1.1 Planning Context and Purpose 1 1.2 Community Profile 3 1.3 Strategy Format 5 1.4 Strategy Review Process 6 Part 2 Planning Strategy Goals and Policies 8 2.1 Vision and Principles 8 2.2 Statements of Provincial Interest 10 2.3 Generalized Future Land Use Framework 19 2.4 Secondary Planning Areas 22 Part 3 Development Control 25 3.1 Municipal Wide Interests 25 3.2 General Development Area 34 3.3 Urban Development Area 37 3.4 Village Area 40 Part 4 Implementation 43 Maps Planning Area Map 1 Generalized Future Land Use Map 2 Urban Development Area Designation, Bear River Map 3 Urban Development Area Designation, Mount Pleasant Map 4 Urban Development Area Designation, Smiths Cove Map 5 Urban Development Area Designation, Weymouth Map 6 Municipality of Digby Municipal Planning Strategy Page 1 of 49 Part 1 Introduction 1.1 Planning Context and Purpose of the Municipal Planning Strategy Through the Nova Scotia Municipal Government Act the Municipality is empowered to assume primary responsibility for the general administration and delivery of municipal services and the planning and regulation of growth and development within its municipal boundaries. This document is the official Municipal Planning Strategy of the Municipality of Digby. The Municipality adopted its first Municipal wide Planning Strategy in 2010. The Strategy focused on the regulation of wind energy facilities and was prepared in response to a wind farm development proposal for the Digby neck area. The 2010 Strategy was formally reviewed and updated in 2018. The 2018 Strategy addressed a number of changes within the evolution of the wind energy generation industry and maintained the single-issue focus of the 2010 Strategy. While the community has been well served by the Municipality's previous planning and development control regime this "third generation" Municipal Planning Strategy has been prepared in response to amendments to the Municipal Government Act made by the Province of Nova Scotia in 2018. These amendments made planning mandatory for all municipalities and requires that the planning framework be comprehensive and address prescribed types of land use, Statements of Provincial Interest, public consultation and strategy review and engagement with abutting municipalities. The benefits of municipal planning are recognized by the community and Municipal Council, there is also clear and strongly held support that land use and development control regulations, particularly in the rural areas, be focused and limited. Municipality of Digby Municipal Planning Strategy Page 2 of 49 Prior to the adoption of this Strategy the Municipality adopted comprehensive planning and development control documents for the Conway Area, the Digby Wellfield Area and the Digby Airport Area. Within the context of this municipal wide Strategy, the lands included in the Conway Area, the Digby Wellfield Area, and the Digby Airport Area planning documents are known as Secondary Planning Areas and the planning documents themselves known as Secondary Planning Strategies. These Strategies remain in place and continue to function as the documents which regulate the respective planning areas. Residential, commercial, industrial, institutional, open space and resource uses, other than wind energy generation uses, were previously not subject to development control outside of the Secondary Planning Areas. This Strategy fulfills the Provincially mandated requirements related to municipal wide comprehensive planning while balancing the community's continuing interest in choice, flexibility and freedom in land use and community form. In addition to the Municipal Planning Strategy and the Secondary Planning Strategies and their related Land Use By-laws, the Municipality has a number of other strategic documents and policies which address various economic, community, environmental and financial areas of interest and responsibility. These documents include the Municipality's Strategy Priorities Report, the Integrated Community Sustainability Plan and the Municipal Climate Change Adaptation Plan. The Municipal Planning Strategy is intended to support and work in concert with the Municipality's Vision and Mission Statement and its various strategic documents, policies and initiatives. Municipality of Digby Municipal Planning Strategy Page 3 of 49 1.2 Community Profile The Municipality of the District of Digby contains an area of approximately 1,655 square kilometers. Located on the Bay of Fundy, the municipality is home to scenic shorelines, waterways and rivers, the Digby Neck, and regionally significant wilderness areas. First Nations and waves of settlement events, including Loyalist and European, have contributed to a diverse and resilient cultural fabric. Abundant natural resources have supported subsistence hunting and fishing and the transition to more modern economic activities such as lumbering, boatbuilding, transportation and a domestic and international market-based fishery. Today, the fishery, transportation, tourism, government services, and resource-based activities support a strong regional economy. Interest in development of renewable energy generation and the evolution of green technologies presents unique opportunities for the Municipality's future. The Municipality's demographic profile is very similar to the vast majority of the provinces' rural municipalities. The decades since 2000 have seen an out migration of residents and a reduction in population, an increase in the population's median age, and a reduction in the total population within the principal working years of 15 - 64 old. Median household incomes have increased over this period, but at a smaller rate than the Provincial average. Demographic Snapshot 2001 2006 2011 2016 2021 Population 8,281 7,986 7,463 7,107 7,242 Median Age 41.2 45.8 47.9 50.7 53.6 Households 3,380 3,308 3,280 3,265 3,430 Median Household Income $36,352 $38,062 $40,261 $47,202 $54,000 Source: Government of Canada Census/National Household Survey Municipality of Digby Municipal Planning Strategy Page 4 of 49 Within the local economy the agriculture, forestry, fishing and hunting sector is the leading employer (31.6%) followed by retail trade (11.2%) and construction (8.5%). In 2021 the labour force participation rate was approximately 56.5%. Small business accounts for 98% of the regions' businesses with employees. The education and training profile of the population again mirrors that of most rural municipalities and is generally lower than the Provincial average. Approximately 33.3% of the population over the age of 15 have not attained a certificate, diploma or degree and 25.4% have completed High School. Of those who have completed High School approximately 41% have pursued postsecondary education. The most prevalent type of dwelling in the Municipality is the single detached dwelling (91.7%) followed by movable dwellings and multiple unit dwellings. Approximately 17.3% of the population resides in a rented dwelling. With respect to the Municipality's planning framework the community's strengths include its role as a regional service and administrative centre within Western/Southwest Nova Scotia, a relatively diverse economic base supported by small and medium sized enterprises, and a track record of strong cooperation with adjacent municipalities. A high degree of natural resource dependency, especially in the context of the fishery and forestry sectors, does present risk locally and regionally. The region currently enjoys good transportation links and a growing focus on renewable energy generation, including wind and tidal sources, which presents significant growth opportunities. While out migration, education, and labour force participation are recognized challenges to community and economic development, the Municipality continues to identify strategic initiatives and partnerships to address these long-term systemic issues. Municipality of Digby Municipal Planning Strategy Page 5 of 49 In responding to these challenges and opportunities, this Strategy is focused on fulfilling mandated requirements relating to comprehensive planning and balancing development control with the protection of the community's character, the quality of life and the flexibility and freedom to enable residents to take advantage of community and economic development opportunities which are so highly valued by its residents. 1.3 Strategy Format This Municipal Planning Strategy is organized into four Parts. They are: Part 1 Introduction This Part introduces the Municipal Planning Strategy. It explains the purpose of the Strategy and the context in which it was prepared. Part 2 Planning Framework This Part addresses: the Municipality's Vision Statement and identifies the principles which support the Municipal Planning Strategy; the Municipality's response to the Statements of Provincial Interest; the identification and the role of Secondary Planning Areas; and the Municipality's approach to Generalized Future Land Use. Part 3 Development Control This Part includes specific policies relating to land use and development control provisions for rural areas and established communities. Part 4 Implementation and Administration This Part explains how the Municipal Planning Strategy is to be implemented, monitored, amended and reviewed. Municipality of Digby Municipal Planning Strategy Page 6 of 49 1.4 Strategy Preparation Process The Municipality completed a review of the original 2010 municipal wide Planning Strategy in 2018. The review of the 2018 Strategy was initiated in 2020 following amendments to the Municipal Government Act. To understand and update the community context, the Municipality's Planning Advisory Committee undertook a review of the most current demographic data, examined the Municipality's various strategic documents, and reviewed land use and general development trends including permit activities. The Committee also familiarized itself with the Minimum Planning Requirements prescribed by the Province. The Committee's review also included the confirmation of the Municipality's vision, the objectives of the Municipal Planning Strategy, a review of the Statements of Provincial Interest, and a sector review of land use issues prescribed in the Minimum Planning Requirements Regulations. In June 2023 the Committee hosted two Open House meetings at the Municipal offices in Seabrook to provide the community with information regarding the review process, to review the primary directions for planning policies and the Land Use By-law's development regulations, and to review the major changes from the 2018 Strategy. The draft planning documents were available online to view and the Committee also accepted written comments. The Committee also engaged with the four incorporated villages of Weymouth, Tiverton, Freeport and Westport. The Committee completed its review efforts in September 2023. Municipality of Digby Municipal Planning Strategy Page 7 of 49 Part 2 Planning Framework 2.1 Vision and Principles To assist and guide in the provision of municipal services and programs and provide a context for ongoing decision making, the Council has adopted the following Vision and Mission statements for the Municipality. Vision Statement Preserving our past - Developing our future Mission Statement To provide, promote, or facilitate municipal services that meet the community needs while preserving, supporting and enhancing quality of life for all. Municipal Planning Strategy Principles The Municipality's Vision and Mission statements are by their nature very high level and aspirational. Through planning and development control policies, and associated Land Use By-law provisions, this Strategy is structured on the following principles which build on the Municipality's Vision and Mission. Promote the Diversity and Resilience of the Local Economy The Municipality will work to promote a strong local economy through the support of local businesses and industries. The Municipality will work to align its support for entrepreneurialism with local assets and resources including but not limited to the fishery, forestry, transportation, tourism, and renewable energy. Municipality of Digby Municipal Planning Strategy Page 8 of 49 The Municipality will encourage economic development which is environmentally responsible and sustainable and which supports a diverse and growth-oriented community. Preserve and Protect the Environment A healthy environment is a pillar of a sustainable community. The Municipality is recognized as possessing a diverse, productive and beautiful natural environment. Public access to marine and fresh water, the protection of rivers, streams, and wetlands, and support for a productive and diverse forest base have supported the health and wellbeing of the community for generations. Development, in particular adjacent to the shoreline, should minimize the risk of impact from sea level rise and respect environmentally sensitive areas. Solar, wind, and tidal energy provide unique opportunities and together with other resource uses can be encouraged in a manner that will preserve, enhance, and protect the environment. Foster an Accessible and Active Community for all Residents The health and wellbeing of our community is strengthened through access to an active lifestyle, recreational opportunities, and cultural resources. The Municipality will work to promote universal accessibility of recreational and cultural facilities. Where appropriate the Municipality will look to enhance and expand its range of recreational and cultural facilities through strategic investments which respond to changing community needs. Municipality of Digby Municipal Planning Strategy Page 9 of 49 Encourage a Diversity of Housing Options Across the Municipality Through its planning and development framework a primary objective of the Municipality is to promote the maintenance of existing residential areas and the encouragement of new residential growth. A broad range of housing options will be encouraged in order to address the diversity of needs of residents. Continue to Protect the Natural, Cultural and Built Heritage in the Municipality The natural and lived history of the community is at the core of its character and it should be recognized, celebrated, and protected. The Municipality recognizes the influence and importance of various cultures and communities which have contributed to its growth, including but not limited to First Nations, Acadian, and African Nova Scotian communities. The Municipality will continue to work to promote and protect the physical and cultural legacies which have built our community. 2.2 Statements of Provincial Interest The Province of Nova Scotia has adopted Statements of Provincial Interest relating to specific land use issues: the protection of drinking water supplies; development within identified flood risk areas; the protection of agricultural lands; the efficient and responsible provision and use of municipal infrastructure; and support for the provision of adequate housing. Municipality of Digby Municipal Planning Strategy Page 10 of 49 Community planning, land use and development control, which are primarily municipal responsibilities, are critical to achieving the goals of the Statements of Provincial Interest. To this end the Municipality has integrated the following responses to the Provincial Statements of Interest. 2.2.1 Protection of Drinking Water Quality The source of the Town of Digby's municipal water supply is a series of wells located within the Municipality's Mount Pleasant area, west of the Town/Municipal boundary. VanTassell Lake and its watershed, also located in the Mount Pleasant area, is maintained by the Town as a backup water supply. The water supply is operated by the Digby Water Commission. The Town's water services have been extended into limited portions of the Municipality adjacent to the Town including Conway, Seabrook and the Lighthouse Road areas. In 2001 the Digby Water Commission completed the Digby Wellfield Water Resources Management Plan. The Management Strategy delineated the wellfield, including contribution and recharge areas and potential expansion areas, identified various protection zones around production wells and identified land uses which presented significant potential risks to the protection of groundwater quality. A Municipal-Town Joint Planning Advisory Committee prepared a municipal planning strategy and land use by-law through 2002 to implement land use and development control recommendations of the Water Commission's Management Strategy. Municipal Council adopted the Digby Wellfield Area Municipal Planning Strategy and Land Use By-law early in 2003. The Strategy and By-law were the first planning documents adopted by the Municipality. The Strategy and By-law have been periodically updated and have remained in place since. Municipality of Digby Municipal Planning Strategy Page 11 of 49 The Municipality recognizes the importance of protecting groundwater quality and will continue to work with the Digby Water Commission to manage this important resource. SPI 1.1 The Municipality will continue to work with the Digby Water Commission to ensure appropriate land use and development controls are maintained within the Digby Wellfield Area in order to minimize the risk of groundwater contamination and degradation resulting from land use. SPI 1.2 The Municipality will identify the Digby Wellfield Area as a Secondary Planning Area. The boundaries of this Secondary Planning Area will be consistent with the wellfield area as delineated by the Digby Wellfield Water Resource Management Strategy. SPI 1.3 In consultation with the Digby Water Commission the Municipality will adopt and/or amend the Digby Wellfield Secondary Planning Strategy and Land Use By-law to implement land use and development control provisions as identified in the Digby Water Commissions' Digby Wellfield Water Resource Management Strategy. 2.2.2 Development in Flood Risk Area Development in areas that are at risk of flooding presents concerns with respect to public safety and property security, as well as potentially increasing flood risk to upstream and downstream areas as a result of alteration to floodwater storage and flow patterns. The Municipality recognizes the importance of limiting potential risk to personal safety and property damage which may occur as a result of development within floodplains and floodways. Municipality of Digby Municipal Planning Strategy Page 12 of 49 The Municipality does not contain any of the Flood Risk Areas designated under the Canada-Nova Scotia Flood Damage Reduction Program which are specifically identified in the Statement of Provincial Interest. The Statement of Provincial Interest requires that where designated Flood Risk Areas are not present the Municipality, at a minimum, adopt development control measures which are reasonably consistent with regulations prescribed under the Flood Damage Reduction Program for the "Floodway Fringe". The focus of the prescribed regulations includes the incorporation of flood proofing measures in any new development, the prohibition of uses associated with the use and warehousing of hazardous materials, prohibition of uses where risk of a threat to evacuation abilities represents a public safety concern, the regulation of the placement of off-site fill and the expansion of uses which cannot be flood proofed or which may result in changes to the risk of upstream or downstream flooding. The Municipality does not have areas which have shown to experience repeated or regular flooding resulting in risks to people or damage to property. This is not to say that some properties do experience temporary impacts from significant rain events. With the effects of climate change significant rain events will become more frequent and increase in intensity. Regulating new development in areas which are or could be at risk of flood damage is appropriate. SPI 2.1 Where technical and financial resources allow the Municipality will work with public agencies to prepare mapping to identify lands which are at risk of flooding consistent with the "Floodway Fringe" as defined by the Canada- Nova Scotia Flood Damage Reduction Program. Municipality of Digby Municipal Planning Strategy Page 13 of 49 SPI 2.2 When mapped the Municipality will amend the Land Use By-law and Secondary Land Use By-laws to regulate development within the "Floodway Fringe" so as to: permit uses considered essential as having emergency access; and prohibit uses which include the use and/or storage of hazardous materials. SPI 2.3 The Municipality will continue to support the efforts by the Digby Regional Emergency Measures Organization to identify areas subject to potential flood damage risk and the preparation of appropriate emergency response measures. 2.2.3 Protection of Agricultural Lands Given its soil types, topography and climate the Municipality has not supported large scale or commercial agricultural uses. Dykelands which have been created at the head of St. Mary's Bay have supported community scale pasturing but for the most part soils within the municipality have moderate to severe limitations for agricultural production potential. The municipality has seen investment in the fur farming industry, however market dynamics have all but eliminated this activity, and its viability is tied to food sources rather than the productive qualities of the land. In many of the municipality's small communities and rural areas subsistence farming, pasture and market gardening have been integrated into the community form. Hobby farms are attracting interest given the growing interest in food security related issues. Municipality of Digby Municipal Planning Strategy Page 14 of 49 Enabling small scale agricultural uses within communities and rural areas supports the social and economic viability of these areas and is consistent with the character and quality of life which makes these areas attractive. Notwithstanding this, areas of the municipality which are serviced with municipal infrastructure and which support more dense residential, commercial and industrial development, as well as the secondary planning areas, are less suitable for more intensive types of agriculture activities. Other than dykelands the municipality does not contain identifiable areas that should be protected and reserved for agricultural use. The intent of this Strategy is, however, to continue to encourage agricultural uses throughout the municipality in keeping with the mixed-use character of the community and where appropriate. SPI 3.1 Other than where municipal infrastructure services are present or were deemed inconsistent with Secondary Planning Areas, the Municipality supports and encourages agricultural uses within communities and rural areas. Municipality of Digby Municipal Planning Strategy Page 15 of 49 2.2.4 Efficient Use of Infrastructure The municipality is generally characterized as rural and contains a limited amount of area serviced by municipal wastewater or water services. For the most part infrastructure is present only in areas adjacent to the Town of Digby, which is the location for the only municipal water supply within the municipality, or in proximity to the wastewater treatment facility. A vast majority of communities within the municipality, including three of the four incorporated villages, have developed without any municipal infrastructure. The Municipality cooperates with the Town of Digby to operate and maintain infrastructure where it is present beyond the Town boundary. The Municipality does not however have the general capacity or intent to construct and operate municipal wastewater or water services on its own. In light of these limitations the Municipality has also adopted a policy of not creating or accepting new public streets. Development with onsite wastewater or water services have not created situations where health and safety concerns have required the installation of infrastructure to remediate problems. Going forward the Municipality anticipates that new development outside of the existing serviced areas will utilize onsite wastewater and water facilities. The design and construction of these facilities are regulated by Provincial authorities. New development, infill, and intensification of uses within serviced areas will be encouraged. SPI 4.1 The Municipality will continue to work with the Town of Digby to support the operation and maintenance of wastewater, water and wastewater treatment infrastructure services which are located in the Municipality. Municipality of Digby Municipal Planning Strategy Page 16 of 49 SPI 4.2 A Service Area Boundary will be established for the following: the Conway/Seabrook Area; Weymouth; Bear River; Smiths Cove; and the Lighthouse Road area. SPI 4.3 New development in or located within 100 meters (328 feet) of a Service Area Boundary will be required to connect to all infrastructure present, unless otherwise deemed inappropriate by the Municipality, and the cost associated will be the responsibility of the property owner. SPI 4.4 Prior to considering the further extension or construction of new servicing infrastructure, the Municipality will assess its growth and development needs, financial viability, operational and maintenance obligations to ensure that such construction is financially and environmentally efficient and that it supports the goals and objectives of this Strategy. SPI 4.5 Reduced minimum lot frontage and minimum lot area requirements will be established for lands within the Service Areas to encourage new and infill development in these areas. SPI 4.6 The provision of onsite infrastructure services to new development in areas outside of the Service Area Boundaries, including the comprehensive subdivision of land, will be the responsibility of the property owner and will comply with all relevant Provincial regulations relating to onsite wastewater and domestic water servicing. Municipality of Digby Municipal Planning Strategy Page 17 of 49 2.2.5 Promoting Adequate Housing Opportunities According to the 2021 Canadian Census there are approximately 3430 dwelling in the Municipality. Approximately 91% of these are single unit dwellings, 7% contain 2 units or more including converted and purpose-built multiple unit structures, and approximately 2% are mobile structures. Approximately 81% of households own their dwelling. 45% of the dwelling stock was built before 1960 and a total of 71% of the total stock has been constructed before 1980. Approximately 16% of dwellings have been characterized as needing major repair. With respect to affordability, approximately 88% of households indicate that they spend less than 30% of their income on shelter. Approximately 7.5% of dwelling owner households and approximately 15.7% of tenant households are characterized as being in core housing need (below threshold indicators of adequacy, affordability or suitability). Much of the western half of the Municipality is unpopulated wilderness with a vast majority of all dwellings being located in established communities along the coastline and the existing road network. The Municipality recognizes the importance of adequate housing to the health and wellbeing of its residents. Concerns exist relating to rural poverty, housing options for vulnerable groups, and the condition and adequacy of the housing stock. While direct support for the provision of adequate housing is not a primary responsibility of the Municipality, Council, Municipal Administration, and community organizations continue to work with other levels of government and public agencies to encourage and promote adequate housing opportunities for all residents. Municipality of Digby Municipal Planning Strategy Page 18 of 49 As it relates to planning, land use, and development control, the Municipality's intent is to encourage the development of the widest range of housing options throughout the municipality, minimize constraints to the development of new housing options, and where appropriate direct growth to areas with the appropriate social and community infrastructure. SPI 5.1 The Municipality will support the development of a broad range of housing options which encourages choice, affordability, inclusion and accessibility throughout the Municipality. SPI 5.2 Within its financial and social capacities the Municipality will continue to work with other levels of government, agencies and community organizations to promote and support adequate, affordable and suitable housing for all residents. SPI 5.3 Where appropriate, and in keeping with the intent of Secondary Planning Areas and requirements for onsite servicing, the Municipality will minimize development approval and control requirements for new single unit dwellings, multiple unit dwelling structures and the conversion of existing single unit dwelling for multiple unit use. 2.3 Secondary Planning Areas This Municipal Planning Strategy and the accompanying Land Use By-law has been predated by two previous Strategies and By-laws which focused on the regulation of wind energy development. Municipality of Digby Municipal Planning Strategy Page 19 of 49 The Municipality has also adopted planning strategies and land use by-laws for three specific areas which have been identified over time as requiring a formal planning and development control framework; the Conway Area; the Digby Wellfield Area; and the Digby Municipal Airport Area. This Strategy supports the principle of detailed planning and development control for these specific areas while at the same time establishing a comprehensive planning framework for the rest of the municipality. The Conway Area Secondary Municipal Planning Strategy and Land Use By-law establishes comprehensive land use and development control regulations for the Conway/Highway 303 area. This area, which has municipal sewer and water services, is the primary commercial area of the Municipality and is a primary gateway to the Town of Digby. The Conway Area Secondary Municipal Planning Strategy is focused on promoting high quality commercial, residential, institutional and open space development along Highway 303. The Digby Wellfield Area Secondary Municipal Planning Strategy and Land Use By-law regulates land use within the Digby Wellfield Area with the purpose of minimizing the risk of impacting the quality of ground water resource as a result of general development activities. This Strategy has been prepared with the Digby Water Commission and its intent is to assist in implementation of the Digby Water Resource Management Plan and to the Digby Water Commissions fulfillment of its regulatory responsibilities relating to the operation of a public water supply. Municipality of Digby Municipal Planning Strategy Page 20 of 49 The Digby Municipal Airport Area Municipal Planning Strategy and Land Use By-law have been adopted to ensure that development adjacent to the airport is compatible with the ongoing operation of the airport, ensures compliance with Federal regulatory requirements relating to the airport's operation as well as to identify future development opportunities within the airport property itself. It is noted that this Strategy does not apply to lands of the Bear River First Nation. SPA 1 This Municipal Planning Strategy and its companion Land Use By-law shall apply to all lands within the Municipality of the District of Digby except those lands which are subject to the Conway Area Secondary Municipal Planning Strategy and Land Use By-law, the Digby Wellfield Secondary Municipal Planning Strategy and Land Use By-law and the Digby Municipal Airport Secondary Municipal Planning Strategy and Land Use By-law. SPA 2 The boundaries of this Municipal Planning Strategy and Land use By-law and the boundaries of the Municipality's three separate Secondary Municipal Planning Strategies are shown on Map 1. SPA 3 Any change to the boundary of this Municipal Planning Strategy or any Secondary Municipal Planning Strategy shall be done by amendment and shall be consistent with the requirements of the Municipal Government Act. Municipality of Digby Municipal Planning Strategy Page 21 of 49 2.4 Generalized Future Land Use Designations The structure of planning and development control is intended to reflect the character of the municipality's community form. In general the Municipality is characterized as being comprised of small and larger established communities together with rural areas with limited to no concentrated development. All communities and rural areas include a full range of land uses, although residential uses are the predominant use in most rural areas. Established communities contain a mix of residential, commercial, industrial and institutional uses. Commercial and industrial fishery uses are located throughout the municipality along its coastlines. Development in both these areas is predominately lower density due to the absence of municipal infrastructure servicing. In contrast certain portions of the Municipality are serviced with wastewater and water infrastructure. The established community form in these areas also tends to be mixed use, with some areas more commercial and others being predominately residential. Development in these areas is however typically more dense, associated with higher volume road networks and supporting larger community and regional community and economic facilities and institutions. There are four incorporated villages within the municipal boundary. These villages, Westport, Tiverton, Weymouth and Freeport, have a degree of local administrative control within their boundaries. They represent the four largest communities within the municipality and all have their own unique heritage and character. Planning and development control for these communities needs to address their historic community form and land use characteristics. Municipality of Digby Municipal Planning Strategy Page 22 of 49 GFLU 1 This Strategy shall establish three Generalized Future Land Use Designations: the General Development Area Designation; the Urban Development Area Designation; and the Village Area Designation. The boundaries of the Generalized Future Land Use Designations are shown on Map 2. GFLU 2 The General Development Area Designation shall comprise a majority of the Municipality and will be applied to all lands which are not included within a Secondary Planning Area, the Urban Development Area Designation, the Village Area Designation or lands of the Bear River First Nation. GFLU 3 The purpose of the General Development Area Designation is to promote a broad range of residential, commercial, industrial, institutional and community and open space uses in keeping with the small community and rural character of the Municipality. GFLU 4 The purpose of the Urban Development Area Designation is to promote a broad range of residential, commercial, institutional and community and open space uses in a form that makes efficient use of existing municipal wastewater infrastructure services. The presence of servicing enables opportunities for increased development and density and requires land use and development control provisions which will serve to minimize the potential for land use conflicts. GFLU 5 The purpose of the Village Area Designation is to recognize the legal status of incorporated villages within the planning area and enable planning and development control which reflect their character and established community form. Municipality of Digby Municipal Planning Strategy Page 23 of 49 GFLU 6 Any amendment to the boundaries of a Generalized Future Land Use Designation shall be considered only by amendment to this Strategy in accordance with the requirements of the Municipal Government Act. Municipality of Digby Municipal Planning Strategy Page 24 of 49 Part 3 Development Control 3.1 Municipal Wide Interests The Generalized Future Land Use framework provides for the establishment of policies which address differing community character and requirements for development control considerations between the rural portions of the municipality, communities where municipal infrastructure is present and incorporated villages. A number of development related considerations are however common to all three Generalized Future Land Use designations. 3.1.1 Statements of Provincial Interest Part 2.2 of the Strategy identifies the Statements of Provincial Interest. All of these areas of interest - drinking water protection, flood risk mitigation, agricultural land preservation, infrastructure and housing - have municipal wide relevance. Various policies in this Strategy, together with regulations implemented through the Land Use By-law, are intended to support and direct the Municipality's response to these areas of interest. SPI 3.3.1.1 Through various policies contained in this Strategy and its Secondary Planning Strategies and development control provisions contained in the Land Use By-law and Secondary Land Use By-laws, the Municipality will encourage development which is consistent with the Province's Statements of Provincial Interest as set out in Part 2.2. Municipality of Digby Municipal Planning Strategy Page 25 of 49 3.1.2 Environmental Stewardship and Resource Use The stewardship, protection and enhancement of the municipality's unique environment contributes to the community's quality of life and is a value shared by its residents. While the Province has primary legislative and regulatory authority over management of environmental interests, the Municipality encourages development which minimizes impacts on the land, water and natural resources within the municipality. This is particularly important given the historic settlement and land use patterns along the Municipality's coastline. A significant portion of the inland area of the municipality remains undeveloped. Due to limited access, topography, lakes, streams and associated wetland areas, these areas are most suitable for recreation and resource use. Resource related uses are an important component of the area's economy. Fishery related uses are well established within communities along the coastline. The Digby Neck area has been recognized for its wind energy potential as well as for mineral and geology resources. Forestry activities have been a long-standing component of local resource use. Looking to the future tidal and solar energy development have been identified as significant opportunities for the area economy. In its effort to promote sustainable development the Municipality looks to balance environmental stewardship with social and economic growth. ESRU 1 The Municipality will establish a five (5) meter setback requirement from any stream, river, watercourse, lake, or wetland within which no new development shall be permitted. Municipality of Digby Municipal Planning Strategy Page 26 of 49 ESRU 2 New development proposed to be located closer than five (5) meters from a stream, river, watercourse, lake, or wetland, and development within the "Floodway Fringe" as it may be identified pursuant to SPI 2.1 and SPI 2.2, may be considered by Development Agreement where a hydrotechnical study prepared by a Qualified Person shows that floodproofing measures can be implemented which will limit the risk to the proposed use, that it will not contribute to upstream or downstream flooding or result in a change to floodwater flow patterns. ESRU 3 The Municipality anticipates and will amend the Municipal Planning Strategy and the Land Use By-law as required to incorporate land use and development control regulations which may be prescribed by the Province through the Coastal Protection Act. ESRU 4 The Municipality will support the goals and objectives of its Municipal Climate Change Action Plan, and the environmental Goals and Actions within the Municipality's Integrated Community Sustainability Plan through various policies contained in this Strategy and development control provisions contained in the Land Use By-law. ESRU 5 In support of climate change mitigation efforts and emerging economic development opportunities, the Municipality will support the development of green energy development including wind, solar and tidal opportunities. Municipality of Digby Municipal Planning Strategy Page 27 of 49 ESRU 6 The Municipality will encourage sustainable resource related development including but not limited to energy generation, fishery and marine and forestry uses. The Land Use By-law will include development control provisions to mitigate the potential impact of such uses on adjacent residential uses where they are located in proximity to Urban Development Areas and Village Areas. ESRU 7 In keeping with previous land use control provisions the Municipality will include in the Land Use By-law provisions regulating the location and separation distances of Utility Scale and Community Scale wind turbines from residential uses. 3.1.3 Municipal Infrastructure, Transportation and Services The efficient and cost-effective delivery of public services is a cornerstone of the Municipality's Vision Statement. Given its geographic size and the administrative and operational capacity of the Municipality, many infrastructure, transportation and community services are delivered, operated and managed in cooperation with the Town of Digby, adjacent municipalities, or other levels of government. Cooperation and the Municipality's ongoing support for joint efforts in the delivery of a wide variety of services has been a successful and beneficial strategy. ITS 1 The Municipality will work with its other municipal and provincial partners and agencies to support the ongoing provision of efficient and cost-effective infrastructure services in keeping with Part 2.2.4. ITS 2 The Municipality will encourage new residential, commercial and industrial development in areas where infrastructure services are available. Municipality of Digby Municipal Planning Strategy Page 28 of 49 ITS 3 The provision of onsite wastewater and domestic water services in areas which are not serviced by municipal wastewater and/or domestic water services are the responsibility of the property owner and are required to comply with all relevant provincial regulatory requirements. ITS 4 The Municipality will work with the provincial Department of Public Works to encourage the appropriate maintenance of provincially owned public roads, highways and related infrastructure and the provision of transportation related services. ITS 5 The Municipality will work with the provincial Department of Public Works to maintain existing Municipally owned roads. ITS 6 The Municipality, through the Subdivision By-law, will prohibit the creation of new Municipally owned roads and require that the access to existing municipally owned or provincially owned roads meets provincial engineering specifications. ITS 7 All new development and the subdivision of land will be required to abut a public or private road as defined in the Municipality's Subdivision By-law and in conformity with minimum lot frontage and lot area requirements established in the Land Use By-law. ITS 8 The Municipality will work with the Federal Government to encourage appropriate maintenance and enhancement of Federally owned wharves and related facilities. Municipality of Digby Municipal Planning Strategy Page 29 of 49 ITS 9 The Municipality will support the continued maintenance and operation of the Digby Municipal Airport as an important element of the regional transportation network and in support of the Digby Regional Emergency Measures Organization operation facilities. ITS 10 The Municipality will, in cooperation with adjacent municipalities and other levels of government, support the continued provision of community services through a broad range of organizations including social and community economic development groups, transit and transportation organizations, and emergency response organizations. 3.1.4 Heritage and Tourism Resources The municipality is home to many physical and cultural heritage resources. It is proud of the legacy of founding communities including the Mi'kmaq, European, Acadian and Loyalist presence. With different and unique patterns of settlement and community development all of these communities have left an imprint on the character of the municipality. Natural resources including the coastline, the fishery and forests together with access and transportation routes through the Annapolis Valley, Southwest Nova Scotia and further abroad to the New England states have all contributed to shaping the municipality. In addition to reflecting the communities own character and history, the municipality's built and cultural heritage assets and natural features and landscapes support a wide variety of tourism opportunities, which is an important sector of the local and regional economy. The protection and enhancement of these assets is an important Municipal responsibility. The Municipality has benefited from cooperating with the Town of Digby, communities, other government agencies, not-for-profit organizations and associations, sector representatives and a wide variety of interest groups to protect and enhance heritage and tourism resources. Municipality of Digby Municipal Planning Strategy Page 30 of 49 HTR 1 The Municipality will encourage the identification and preservation of community heritage resources through the Municipal Heritage Property By- law, the Municipal Heritage Property Program and the work of the Municipality's Heritage Advisory Committee. HTR 2 The Municipality will continue to support cooperation with the Town of Digby, the Province and regional industry associations to promote and recognize the municipality's unique heritage and tourism assets. HTR 3 The Municipality will support community lead efforts to identify and protect built, cultural and natural heritage resources. HTR 4 The redevelopment or change of use of any Municipal Heritage Property shall be considered by Development Agreement with consideration being given to the preservation of the Property's character defining elements including exterior design elements, building materials and site features. 3.1.5 Recreation and Open Space As with heritage and tourism promotion efforts, the Municipality has successfully worked with the Town of Digby, other government agencies and a range of community organizations and interests to provide recreation and leisure opportunities to its residents. Shared facilities and programming have been developed and maintained which provide all segments of the community with year round opportunities to be active, pursue many differing types of activities and build community character. Municipality of Digby Municipal Planning Strategy Page 31 of 49 A wide range of community, municipal and provincial properties and facilities, including trails and hiking networks, shoreline and lake access, sports fields and facilities, day use parks and nationally significant wilderness areas such as the Tobeatic Wilderness, Kejimkujik National Park and the UNESCO Southwest Nova Biosphere Reserve provide residents and visitors highly valued recreation and open space use opportunities. ROS 1 The Municipality will continue to work with the Town of Digby to support the Digby Area Recreation Commission in the provision of recreation facilities and programming for all segments of the community. ROS 2 The Municipality will support community lead recreation efforts and the provision of open space use opportunities. ROS 3 The Municipality will support and encourage the Province and the government of Canada to maintain and enhance parks and facilities located within the municipality. ROS 4 Public and private recreation and open space uses shall be permitted in the General Development Area Designation and Zone, the Urban Development Area Designation and Zone and the Village Area Designation and Zone. 3.1.6 Agricultural Activities Part 2.2.3 of this Strategy recognizes and responds to the Statement of Provincial Interest relating to the protection of agricultural lands. Within the municipality market gardens, hobby farms, pasturing and small-scale agriculture accessory to residential uses are by far the most prominent form of agricultural activity. Municipality of Digby Municipal Planning Strategy Page 32 of 49 In addition to encouraging the continuation of existing agricultural activities the Municipality is very supportive of new agricultural uses which are in keeping with the character of the community. Crops, pasturage, orchards and similar uses which tend to require a larger land base are suitable for General Development areas. Smaller, "domestic scale", agricultural uses within or adjacent to Urban Development Areas can be successfully integrated into their communities, however some development control is appropriate to ensure that they do not create undue impacts on existing residential and commercial uses. AA 1.1 Agricultural uses shall be permitted in the General Development Area Designation and Zone, and the Village Area Designation and Zone. Agricultural uses will also be permitted in the Urban Development Area Designation subject to controls to ensure compatibility with the character of these areas. AA 1.2 In order to minimize the potential for land use conflict minimum separation distances will be established for: the location of new residential structures from existing agricultural structures and manure storage areas; the location of new agricultural structures and manure storage areas from existing residential structures; the location of manure storage areas from a domestic well; and the location of vineyards from a property line. AA 1.3 New Commercial, Industrial and Institutional uses will not be permitted within the provincially designated "St. Mary's Bay Marshland, NS052" area. Municipality of Digby Municipal Planning Strategy Page 33 of 49 3.2 General Development Areas A significant majority of the Municipality is characterized by low density, rural type mixed use development within small established communities along the shoreline and along the existing road network. The municipality also includes a significant area which is completely undeveloped and in a wilderness state. Small communities and the rural areas have developed over time without municipal land use and development control regulations. Introducing comprehensive planning and land use regulations does afford the opportunity to focus and enable protection of the character of these communities and supports planning efforts which are environmentally, culturally and socially responsible and sustainable. This Strategy is structured to balance land use and development control with rural community and property owners values of autonomy and independence. Looking forward the Municipality will continue to support and encourage a wide range of residential, commercial, industrial, institutional, agricultural, resource and open space use development. Land use and development control provisions will focus on ensuring the maintenance of the rural character of these communities. Generalized Future Land Use GDA 1 The Municipal Planning Strategy will establish a General Development Area Generalized Future Land Use Designation. This designation will be applied to all lands in the municipality which are not within a Village, an Urban Development Area or subject to a secondary planning strategy or by-law. Municipality of Digby Municipal Planning Strategy Page 34 of 49 GDA 2 The Municipality will encourage the broadest range of residential, commercial, industrial, institutional, agricultural and resource and open space use development to occur in the General Development Area Designation. GDA 3 The Land Use By-law will establish the General Development Area Zone. This zone will be applied to all lands within the General Development Area Designation. GDA 4 All development within the General Development Area Zone will be required to be serviced by onsite wastewater and domestic water services which have been approved by the responsible provincial authority. The Land Use By-law will contain minimum lot area and lot frontage requirements which reflect the requirements for onsite services. Residential Development GDA 5 The General Development Area Zone shall include a broad range of residential uses as-of-right including single unit, two unit, three unit, multiple unit dwellings as well as converted dwelling and manufactured and mobile homes. Permitted residential uses will also include Homes for Special Care and assisted living facilities, co-housing, boarding and rooming houses and shared accommodation. Municipality of Digby Municipal Planning Strategy Page 35 of 49 Commercial, Industrial and Marine Development GDA 6 The General Development Area Zone shall include a broad range of commercial and industrial uses as-of-right including retail, personal and commercial and professional services, business office, commercial accommodation, restaurants and places of entertainment, manufacturing, processing, repair, contracting, scrap and salvage uses, warehousing and fishery and marine and resource related uses. GDA 7 To minimize the risk of land use conflict the Land Use By-law will establish minimum setback requirements from existing residential structures for specific commercial and industrial uses. Institutional Development GDA 8 The General Development Area Zone shall include a broad range of institutional and community uses as-of-right including government offices and services, churches, cemeteries and related religious facilities, medical clinics, hospitals, community halls, libraries as well as public works and wastewater treatment facilities. Agriculture Development GDA 9 The General Development Area Zone shall include a broad range of domestic scale and commercial scale agricultural uses as-of-right including production, processing and sales. Intensive commercial uses shall be subject to regulations relating to setbacks and separations distances. Municipality of Digby Municipal Planning Strategy Page 36 of 49 Recreation and Open Space Development GDA 10 The General Development Area Zone shall include a broad range of recreation and open space uses as-of-right including community centres, parks, trails and public and private recreation facilities. Municipality of Digby Municipal Planning Strategy Page 37 of 49 3.3 Urban Development Areas A number of communities in close proximity to the Town of Digby and to the Municipality's wastewater treatment plant as well as several others are serviced or partially serviced with wastewater and municipal domestic water services. In general the character of the Municipality's serviced areas does not differ substantially from the majority of the established unserviced communities. The promotion of a range of residential, commercial, industrial, institutional and recreational and open space uses within serviced community areas is in keeping with the objective of this Strategy. Serviced communities afford the opportunity to promote and enable higher density development which maximizes the efficient use of these services and promote a compact community character. The presence of Municipal infrastructure enables the support of development on a smaller area of land and limits the potential for development constraints and issues relating to onsite servicing capacity. At the same time ensuring compatibility between differing land uses does require consideration of where higher density development on smaller lots occurs. Generalized Future Land Use UDA 1 The Municipal Planning Strategy will establish an Urban Development Area Generalized Future Land Use Designation. This designation will be applied to all lands adjacent to Municipality wastewater and/or wastewater and domestic water services other than lands subject to the Conway Area Secondary Municipal Planning Strategy and Land Use By-law. Municipality of Digby Municipal Planning Strategy Page 38 of 49 UDA 2 The boundary of the Urban Development Area designation will include lands which are or could be serviced by the existing sewer system, and all lands that are located within 100 meters (328 feet) of the existing sewer system. Urban Development Area Generalized Future Land Use Designations for the communities of Bear River, Mount Pleasant, Smiths Cove and Weymouth are shown on maps 3, 4, 5 and 6 respectively. UDA 3 The Land Use By-law will establish an Urban Development Area Zone. The Urban Development Area Zone will be applied to all lands within the Urban Development Area Designation. Residential Development UDA 4 The Urban Development Area Zone shall include a broad range of residential uses as-of-right including single unit, two unit, three unit, multiple unit dwellings as well as converted dwelling and manufactured and mobile homes. Permitted residential uses will also include Homes for Special Care and assisted living facilities, co-housing, boarding and rooming houses and shared accommodation. UDA 5 The Land Use By-law will include provisions regulating residential development including minimum lot area, lot frontage and yard setback requirements. Commercial and Industrial Development UDA 6 A broad range of commercial uses shall be permitted as-of-right in the Urban Development Area Zone including retail, personal and commercial Municipality of Digby Municipal Planning Strategy Page 39 of 49 and professional services, business office, commercial accommodation, restaurants and places of entertainment. UDA 7 The Urban Development Area Zone will allow small scale industrial manufacturing, processing, warehousing and repair and industrial service uses located wholly within a building or structure as well as trades and construction contracting use. Institutional Development UDA 8 The Urban Development Area Zone shall include a broad range of institutional and community uses as-of-right including government offices and services, churches, cemeteries and related religious facilities, medical clinics, hospitals, community halls, libraries as well as public works and wastewater treatment facilities. Agriculture Development UDA 9 The Urban Development Area Zone shall include domestic scale and agricultural uses, including the sale of produce generated from the property as-of-right. Agricultural uses shall be subject to regulations relating to setbacks and separations distances. Recreation and Open Space Development UDA 10 The General Development Area Zone shall include a broad range of recreation and open space uses as-of-right including community centres, Municipality of Digby Municipal Planning Strategy Page 40 of 49 parks, trails and public and private recreation facilities, excepting Gun Ranges. 3.4 Village Areas The villages of Westport, Tiverton, Weymouth and Freeport all have unique histories and character but all generally share a common settlement origin and growth linked to exploitation of natural resources. In the case of Westport, Tiverton and Freeport the fishery has been the cultural and economic mainstay of the communities since their settlement. Ship building, and the transportation of goods and lumber, have supported the growth of Weymouth since the mid 1700s. Like much of the rest of the Municipality early loyalist settlement capitalized on the area's natural resources and features. As self-sufficient communities, the villages have a well-established mixed use character with residential, commercial, industrial and community uses being located in close proximity to one another. On Long and Brier Islands the character of the villages remain largely connected to their histories as working fishing communities, although tourism has become an increasingly important component of the communities economy. While large scale commercial and industrial activities in and around Weymouth have decreased over time, the village still retains a range of residential and small scale commercial and industrial uses commonly associated with smaller rural communities throughout the Municipality. The intent of the planning and development control framework for the villages is to maintain and encourage a broad range of land uses within the confines of the communities historic ownership and development patterns and focus development control regulations at minimizing the potential for land use conflict relating to new development. Municipality of Digby Municipal Planning Strategy Page 41 of 49 In Westport, Tiverton and Freeport the integration of fishery and fishery related industries with residential, commercial and community uses will continue to be encouraged and supported. A portion of Weymouth is serviced with Municipal wastewater services which does present an opportunity for encouraging new development within the community. Generalized Future Land Use VA 1 The Municipal Planning Strategy will establish a Village Area Generalized Future Land Use Designation. This designation will be applied to all lands located within the boundaries of the incorporated villages of Westport, Tiverton, Freeport and Weymouth. VA 2 The Municipality will encourage a range of residential, commercial, industrial, institutional and resource and open space use development to occur in the Village Area Designation in keeping with the character of these communities. VA 3 The Land Use By-law will establish a Village Area Zone. The Village Area Zone will be applied to all lands within the Village Area Designation. VA 4 All development within the Village Area Zone will be required to be serviced by onsite wastewater and domestic water services which have been approved by the responsible provincial authority. The Land Use By-law will contain minimum lot area and lot frontage requirements which reflect the requirements for onsite services. Municipality of Digby Municipal Planning Strategy Page 42 of 49 Residential Development VA 5 The Village Area Zone shall include a broad range of residential uses as-of- right including single unit, two unit, three unit, multiple unit dwellings as well as converted dwelling and manufactured and mobile homes. Permitted residential uses will also include Homes for Special Care and assisted living facilities, co-housing, boarding and rooming houses and shared accommodation. Commercial, Industrial and Marine Development VA 6 The Village Area Zone shall include a broad range of commercial and industrial uses as-of-right including retail, personal and commercial and professional services, business office, commercial accommodation, restaurants and places of entertainment, manufacturing, processing, repair, contracting, scrap and salvage uses, warehousing and fishery and marine and resource related uses. VA 7 To minimize the risk of land use conflict the Land Use By-law will establish minimum setback requirements from existing residential structures for specific commercial and industrial uses. Institutional Development VA 8 The Village Area Zone shall include a broad range of institutional and community uses as-of-right including government offices and services, churches, cemeteries and related religious facilities, medical clinics, hospitals, community halls, libraries as well as public works and wastewater treatment facilities. Municipality of Digby Municipal Planning Strategy Page 43 of 49 Agriculture Development VA 9 The Village Area Zone shall include a broad range of domestic scale and commercial scale agricultural uses as-of-right including production, processing and sales. Intensive commercial uses shall be subject to regulations relating to setbacks and separations distances. Recreation and Open Space Development VA 10 The Village Area Zone shall include a broad range of recreation and open space uses as-of-right including community centres, parks, trails and public and private recreation facilities. Municipality of Digby Municipal Planning Strategy Page 44 of 49 Part 4 Implementation 4.1 General This Municipal Planning Strategy, together with the Secondary Municipal Planning Strategies, provides the framework by which the future growth and development of the Municipality shall be encouraged, controlled, and coordinated. The policies contained in this Strategy have been considered and prepared, in light of the enabling provisions contained in the Nova Scotia Municipal Government Act. The goals, objectives and policies of the Municipal Planning Strategy are primarily implemented through the accompanying Land Use By-law and the Municipality's Subdivision By-law. To a lesser extent, various other Municipal By-laws, capital expenditure plans and other strategic policies and initiatives also impact development and growth within the Municipality. In addition to providing a comprehensive approach to planning and development, this Strategy attempts to balance development control with the protection of the character of the municipality and the ability of its residents to utilize their lands subject to appropriate levels of regulation and development control. In light of the goals and objectives contained in the Strategy, the following policies are intended to administer and implement the Municipality's planning and development control policies. In adopting this Strategy, the Municipality has committed itself to following the intent and policies contained in the Strategy. The adoption of the Strategy does not commit the Municipality to any specific undertakings, but it does prohibit it from undertaking or permitting any development activities that would be inconsistent with the intent or policies of the Strategy. Municipality of Digby Municipal Planning Strategy Page 45 of 49 It is recognized that circumstances may change over time, and changes to the Municipal Planning Strategy and/or the Land Use By-law may be deemed appropriate. The Municipality will endeavor to ensure that this Strategy continues to fulfill the stated purposes of enabling and supporting positive and appropriate growth and development within the Municipality. With respect to changes to Municipal Planning Strategy policies, the Municipality through its own outreach and engagement, which includes engagement with the public and adjacent municipalities or through the work of the Municipality's Planning Advisory Committee, will monitor changing development needs and opportunities. In keeping with the requirements of the Municipal Government Act the Municipality will examine the Strategy at least every ten years. Notice of amendments to the Municipality's planning documents will also be provided to all adjacent municipalities per the Municipal Government Act requirements. General Implementation and Administration IM 1 This Municipal Planning Strategy, together with the Municipality's three Secondary Municipal Planning Strategies, shall be the primary policy documents to direct growth and development of the Municipality in a well-planned and fiscally and environmentally sustainable manner. IM 2 The preparation, scope and content, administration and amendment of the Municipal Planning Strategy will be consistent with the enabling provisions contained in the Nova Scotia Municipal Government Act. Municipality of Digby Municipal Planning Strategy Page 46 of 49 IM 3 The Municipality will review and update the Municipal Planning Strategy as necessary in response to changing needs and demands of relevant enabling legislation requirements in accordance with the requirements of the Municipal Government Act. At a minimum the Strategy will be reviewed every ten years. IM4 Municipal Council will maintain an ongoing monitoring of planning and development control needs of the community through its Planning Advisory Committee, and that the Planning Advisory Committee provide Council with advice on matters of general planning concern. IM5 Where it is deemed appropriate to consider amending this Strategy Council will direct the Planning Advisory Committee to undertake engagement as set forth in the Municipality's Public Participation Policy including the provision of notification to abutting municipalities. IM6 This Strategy provides a framework for the overall development of the Municipality in accordance with the Generalized Future Land Use Map (Map 1) which shall constitute a part of this Strategy. Any change to the boundaries of a Generalized Future Land Use designation shall require an amendment to this Strategy. IM7 Council shall adopt a Land Use By-law to implement the policies of this Municipal Planning Strategy. The Land Use By-law will apply zones and appropriate regulations to all land subject to this Strategy to carry out the goals, objectives and policies of this Strategy. Municipality of Digby Municipal Planning Strategy Page 47 of 49 IM8 It shall be the intention of Council to include in the Land Use By-law a broad range of development control provisions to ensure a high- quality environment in all land use designations. General provisions which shall apply to development within all zones may include but not be limited to regulations concerning lot standards, building heights, property line setbacks, signage, landscaping and buffering, accessory buildings and uses, access to a street, parking, obnoxious uses and temporary uses. IM9 It shall be the intention of Council to consider amendments to the Land Use By-law or the entering into of a Development Agreement, pursuant to policies contained in this Strategy, provided that they are generally consistent with the intent of this Strategy and the relevant policies and provision of this Strategy, including consistency with Provincial Statements of Interest. IM10 It shall be the intention of Council to appoint a Municipal Development Officer to administer the Land Use By-law and the Subdivision By-law, to grant development permits and any other regulatory approvals enabled through the policies of this Strategy and the accompanying Land Use By-law. IM11 The regulation of non-conforming structures, non-conforming uses of land and non-conforming uses will be in accordance with provisions contained in the Municipal Government Act. Municipality of Digby Municipal Planning Strategy Page 48 of 49 IM12 The consideration of the granting of Variance will be in accordance with Section 235(1) of the Municipal Government Act. Pursuant to Section 235(2) it shall also be the intention of Council that the Development Officer be enabled to grant a variance in one or more of the following requirements of the Land Use By-law; (a) the number of parking spaces and loading spaces; (b) ground area and height of a structure; (c) floor area occupied by a home-based business; (d) height and area of a sign. IM13 In considering amendments to the entering into of a Development Agreement, in addition to the criteria set out in various policies of this Strategy, Council shall consider: (a) That the proposal is in conformance with the intents of this Strategy and with the requirements of all other Town By-laws and regulations; (b) That the proposal is not premature or inappropriate by reason of: (i) the financial capability of the Town to absorb any costs relating to the development; (ii) the adequacy of sewer and groundwater to support the proposed density of development; (iii) the adequacy and proximity of school, recreation, and other community facilities; (iv) the adequacy of road networks adjacent to, or leading to, the development; (v) the potential for the contamination of water courses Municipality of Digby Municipal Planning Strategy Page 49 of 49 or the creation of erosion or sedimentation; (vi) stored water capacity for fire protection; (vii) the potential for damage to or destruction of historical buildings and sites. (c) That controls are contained in a Land Use By-Law or a Development Agreement so as to reduce conflict between the development and any other adjacent or nearby land use by reason of: (i) type of use; (ii) emissions, including air and water pollutants and noise; (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; (vii) similar matters of planning concern. (d) Suitability and development costs of the proposed site in terms of steepness of grades, soil and geological conditions, marshes, swamps or bogs, and proximity of highway ramps, railway rights-of-way, and other nuisance factors. (e) Provision is made for buffering, landscaping, screening, and access control, to reduce potential incompatibility with adjacent land uses and traffic. IM14 Council will maintain a Subdivision By-law to implement the intent and policies of this Strategy and the Municipality's Secondary Area Planning Strategies. Municipality of Digby Municipal Planning Strategy Map 1, Municipality of Digby Municipal Planning Strategy Planning Area Municipality of Digby Municipal Planning Strategy Map 2, Generalized Future Land Use Municipality of Digby Municipal Planning Strategy Map 3, Generalized Future Land Use Designation Urban Development Area, Bear River Municipality of Digby Municipal Planning Strategy Map 4, Generalized Future Land Use Designation Urban Development Area, Mount Pleasant Municipality of Digby Municipal Planning Strategy Map 5, Generalized Future Land Use Designation Urban Development Area, Smiths Cove Municipality of Digby Municipal Planning Strategy Map 6, Generalized Future Land Use Designation Urban Development Area, Weymouth