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Town of Mahone Bay
Municipal Planning Strategy
2024
Credits
This Plan was initially prepared by
UPLAND Planning and Design and the
Town of Mahone Bay.
PLAN
MAHONE BAY
First Reading: 2024.01.12
Second Reading: 2024.01.31
Effective date: 2024.03.20
With amendments to: N/A
Indigenous Land Acknowledgement
The Town of Mahone Bay is located in Mi'kma'ki. The municipality and all the
peoples who reside and visit are the beneficiaries of the living Peace and Friendship
Treaties, which were signed between the British, the Mi'kmaq, the Maliseet, and the
Passamaquoddy. These treaties hold the ongoing shared responsibility to respect,
cooperate and coexist with each other and the land. The Town extends to the
Mi'kmaw people the respect and desire to build a stronger relationship in the spirit
and intention of these treatis.
Plan Acknowledgements
The Town of Mahone Bay would like to thank all the residents, businesses, community
groups and members, and the many stakeholders who shared their aspirations and
vision for the future of Mahone Bay. Thank you for devoting your time to sharing your
ideas and experiences to make Mahone Bay a better place to live, work, and visit.
The Town would also like to recognize the input from members of the Plan Mahone
Bay Steering Team--a collaboration between Town Council and the Planning Advisory
Committee--for their expertise, time, and passion devoted to the development of this
Municipal Planning Strategy. They include the following:
» Mayor David Devenne
» Deputy Mayor Francis Kangata
» Councillor Alice Burdick
» Councillor Penny Carver
» Councillor Joseph Feeney
» Councillor Richard Nowe
» Councillor Kelly Wilson
» Councillor Suzanne Lohnes-Croft
» Dylan Heide, Town CAO
» Maureen Hughes, Deputy CAO and Town Clerk
» Kristen Martell
» Annie Morrison
» Katherine McCarron
» Glenn Patscha
» Bryan Palfreyman
» John Biebesheimer
» Helga Baxter
» Trudie Richards
» Garth Sturtevant, Senior Planner
» Heather Archibald, Development Officer
Contents
1.
Introduction ................................................................................................................................................ 1
Mahone Bay Context ................................................................................................................................... 1
A Brief History of Mahone Bay ................................................................................................................ 3
Demographic Profile ................................................................................................................................... 4
Governance and Planning in Mahone Bay ............................................................................................ 5
Statements of Provincial Interest ........................................................................................................... 6
How to Use this Municipal Planning Strategy ...................................................................................... 9
2.
Development of this Plan ...................................................................................................................... 10
Plan Review Context ................................................................................................................................ 10
Background Analysis ................................................................................................................................ 10
Engagement ................................................................................................................................................. 11
Issues and Opportunities ......................................................................................................................... 14
3.
Vision and Goals ..................................................................................................................................... 16
Vision ........................................................................................................................................................... 16
Goals .............................................................................................................................................................. 17
4.
Town-Wide Policies ................................................................................................................................ 18
Introduction ................................................................................................................................................ 18
Growth and Development ....................................................................................................................... 18
Infrastructure .............................................................................................................................................. 21
Transportation and Mobility ................................................................................................................... 27
Environment ............................................................................................................................................... 32
Housing ....................................................................................................................................................... 40
Economic Development .......................................................................................................................... 46
Recreation and Open Spaces ................................................................................................................ 50
Culture and Heritage ............................................................................................................................... 52
Community Uses ...................................................................................................................................... 60
Healthy and Accessible Communities ................................................................................................. 62
5.
Town Structure ...................................................................................................................................... 67
Land Use Designations ........................................................................................................................... 67
Residential Designation .......................................................................................................................... 68
Commercial Designation ......................................................................................................................... 73
Industrial Designation ............................................................................................................................. 78
Unserviced Designation .......................................................................................................................... 80
Parks and Conservation Designation .................................................................................................. 83
6.
Implementation and Administration .................................................................................................. 84
Administration .......................................................................................................................................... 84
Regional Cooperation ............................................................................................................................. 86
Land Use Bylaw and Subdivision Bylaw .............................................................................................. 87
Development Agreements ...................................................................................................................... 91
Site Plan Approval ................................................................................................................................... 94
Criteria for Amending the Land Use Bylaw or Adopting a Development Agreement ............ 95
Non-conforming Uses and Structure ................................................................................................. 100
Monitoring, Reviewing, and Updating this Plan ................................................................................ 101
7.
Schedules and Appendices ................................................................................................................. 103
8.
Summary of Amendments ................................................................................................................. 104
References Used .......................................................................................................................................... 105
Town of Mahone Bay Municipal Planning Strategy
1
1.
Introduction
Mahone Bay Context
The Town of Mahone Bay ("Town") is located on Nova Scotia's South Shore in
Lunenburg County along the Atlantic coast. With a land area of 3.12 square
kilometres, Mahone Bay is the fourth-smallest municipality by land area in the
province of Nova Scotia. The Town, along with the Town of Bridgewater, the Town
of Lunenburg, the Municipality of the District of Chester, and the Municipality of the
District of Lunenburg form the geographic area of Lunenburg County (Figure 1).
Together, these three towns and the Village of Chester represent the significant
service and population centres in the region.
Figure 1. Location of the Town of Mahone Bay
Bridgewater
Mahone Bay
Lunenburg
M u n i c i p a l i t y o f t h e
D i s t r i c t o f L u n e n b u r g
Mu nicipality of the
District of Chester
Annapolis County
Queens C ount y
Kings
Cou nty
Halifax Regional
Mu nicipalitu
Town of Mahone Bay Municipal Planning Strategy
2
Mahone Bay is connected to the broader region through the primary and secondary
highway systems that weave throughout Nova Scotia. Highway 103, which is part
of Nova Scotia's 100-series highway system, and Nova Scotia Trunk 3, which runs
parallel to Highway 103, serve as local and regional links, connecting communities
from Halifax Regional Municipality ("HRM") to Yarmouth.
Despite its small land area, there is a diversity of land uses and development
patterns within Mahone Bay. Developed, built-up areas comprised of residential,
commercial, and industrial uses line the coast and major streets within the town.
Gradually, these built-up areas transition into undeveloped areas on the periphery
of town that converge with the largely undeveloped landscape outside of the town's
boundary.
In Nova Scotia, land use planning is legislated and required under the Municipal
Government Act. This piece of legislation requires municipalities to establish
municipal planning strategies and land use bylaws to regulate how land is used and
managed. In addition to enabling the specific act of land use planning, the
Municipal Government Act guides municipalities with regard to what aspects of
land use planning can be controlled through municipal planning documents.
The Municipal Planning Strategy ("MPS") is a legal document, adopted by Council,
that establishes and contains the vision, goals, and policies that will guide growth
and development of the town over the planning period. Policies represent
statements of intent by Town Council for what it would like to achieve through the
Municipal Planning Strategy. The policies established within the Municipal Planning
Strategy are typically implemented through the Land Use Bylaw (also known as the
"LUB") and the Subdivision Bylaw. The Land Use Bylaw establishes a set of
regulations and legal requirements to meet before undertaking a specific action,
which in most instances is development. The Subdivision Bylaw establishes
procedures and standards for the subdivision of land and for the development of
services. As the Municipal Planning Strategy and Land Use Bylaw are developed
concurrently, they are also adopted by Council at the same time.
Because land use planning is enabled by the Municipal Government Act, any
policies established in the Municipal Planning Strategy, and any subsequent
regulations in the Land Use Bylaw must be consistent with the requirements of the
Act.
Town of Mahone Bay Municipal Planning Strategy
3
A Brief History of Mahone Bay
The Town of Mahone Bay recently celebrated its one-hundredth anniversary since
incorporation as a town in 1919. Prior to this, the community of Mahone Bay was
part of the Municipality of Lunenburg; however, Mahone Bay has an extensive
history pre-dating the arrival of Europeans and the establishment of what is now
the Town of Mahone Bay.
The history and culture of the area are ever-present in the local landscape. Mi'kmaq
people are Indigenous to this land, and have been present for more than 10,000
years, using the traditional territory of Mi'kma'ki for fishing, hunting, and agriculture,
prior to the arrival of settlers. Indian Point, a summertime settlement for the
Mi'kmaq, was used by the Indigenous people for its sheltered access to coastal
waters and food sources, while the Mi'kmaq would reside inland from the coast
during the winter months, using the rivers to traverse inland.1
The first known European contact in the Mahone Bay region was made by the
French in the early 17th century. This later resulted in the settlement of the region
by French Acadians who often traded manufactured goods with the Mi'kmaq for
pelts and furs. While there is no known evidence of Acadian settlements in Mahone
Bay, Merligueche or, as it is known today, Lunenburg, was one of the first Acadian
settlements in Acadie--the formal territory of the French Acadians.2 Following the
transfer of Acadie by the French government to the British in 1713--an outcome of
the Treaty of Utrecht--the British arrived in the region, displacing local communities
beginning in the mid-18th century.3 As it does today, this land remained the unceded
territory of the Mi'kmaq.
As a move to quell Mi'kmaq and Acadian populations in the region, the British
recruited more than 2,000 Protestants, including from Germany, southern France,
Switzerland, and the Netherlands to settle in Nova Scotia, and who eventually
settled in the Lunenburg region. The region's population grew as these European
Protestants colonized the region, including the establishment of two mills along the
rivers within what is now Mahone Bay. Over time, a community developed at
Mahone Bay and included merchants, a large school, churches, and shipyards.4
From a small rural community, Mahone Bay grew as shipbuilding, fishing, and
shipping became more important in the local and regional economies. By 1904, the
community's population had reached a size of nearly 1,500-- its largest ever
recorded population.5 Also, around this time, commercial rail links were made
between Halifax and Mahone Bay, initiating what would become one of Mahone
Bay's most important industries today--tourism.6
Town of Mahone Bay Municipal Planning Strategy
4
Following World War I, in which Mahone Bay's shipbuilding industry boomed, the
town entered a period of decline for nearly 40 years. Traditional mainstay activities
of the economy--agriculture, shipbuilding, fishing, among others--faced challenges
due to foreign competition and the fast-paced technological changes at the time.7
Once the shipbuilding industry collapsed in the 1960s, Mahone Bay shifted its
economic priorities to tourism--a legacy that is very much relevant today in
Mahone Bay's economy.8 Today, Mahone Bay is known for its picturesque beauty,
which draws thousands of visitors each year especially during the summer months
and the high quality of life which residents enjoy.
Demographic Profile
According to the 2021 Statistics Canada Census, the population of Mahone Bay is
1,064 people, up from 904 people in 2006 (Figure 2). This 18% growth in population
over the 15 years between 2006 and 2021 regained a significant portion of the
population that was lost between 1981 and 2006. In 1981, the town's population
stood at 1,228 but declined by 26% to 904 residents in 2006.9,10,11
Figure 2: Town of Mahone Bay Population Change 1981 - 2021 (Source: Statistics Canada)
Unlike most municipalities in Nova Scotia, between 2011 and 2016 Mahone Bay
experienced a growth in its recorded population. In fact, the 9.9% growth in
population between 2011 and 2016 was the highest percentage of growth in the
province for any municipality.
800
900
1000
1100
1200
1300
1981
1986
1991
1996
2001
2006
2011
2016
2021
Town of Mahone Bay Municipal Planning Strategy
5
Since 2006, the median age of Mahone Bay's population has increased. In 2006 the
median age of residents was 54.5 years but increased to 60.0 years in 2021. Over
this 15-year period, the number of residents between the ages of 65 and 79 grew by
over 70% from 175 individuals in 2006 to 300 in 2021. Despite this increase, the
number of residents 80 years of age and older remained essentially the same
between 2006 and 2021.12,13
Figure 3: Total Proportion of Population, by Cohort, 2006-2016 (Source: Statistics Canada)
In addition to experiencing growth in the number of retired (ages 65-79) individuals,
the town experienced substantial growth in the youth (0-19) population, going from
125 youth in 2006 to 155 in 2021. The number of working age (20-64) residents,
however, remained identical between 2006 and 2021.
Governance and Planning in Mahone Bay
Mahone Bay was incorporated as a Town in 1919 and is governed by Town
Council, which consists of six Councillors and the Mayor. Council members and the
mayor are elected at-large--they represent the entire Town as opposed to
representing a smaller 'district' or polling area--every four years. Like the contents
on the Municipal Planning Strategy and Land Use Bylaw, procedures and programs
related to the function of the Town's government are regulated through the
Municipal Government Act.
Mahone Bay has a significant history of land use planning with documented
evidence of land use planning going back as far as 1975. The Municipal Planning
Strategy and Land Use Bylaw that preceded this document, however, were adopted
in 2008 and were developed over the course of a year. This process involved a
comprehensive review of the 1994 Municipal Planning Strategy and included
various meetings between stakeholders, Town Staff, and the Planning Advisory
Committee. Through this process, the Municipal Planning Strategy and Land Use
Bylaw's individual policies and regulations were reviewed and updated while also
considering emerging issues and topics.
13.8%
14.6%
52.5%
44.6%
19.3%
28.2%
13.8%
12.2%
0%
20%
40%
60%
80%
100%
2006
2021
0-19
20-64
65-79
80+
Town of Mahone Bay Municipal Planning Strategy
6
Statements of Provincial Interest
There are six Statements of Provincial Interest contained within the Municipal
Government Act--five of which are applicable to the Town of Mahone Bay. These
Statements outline the province's vision for protecting land and water resources
that are fundamental to the physical, social, and economic wellbeing in Nova Scotia
as it relates to development. The six Statements of Provincial Interest are:
1) Statement of Provincial Interest Regarding Drinking Water
2) Statement of Provincial Interest Regarding Flood Risk Areas
3) Statement of Provincial Interest Regarding Agricultural Lands
4) Statement of Provincial Interest Regarding Infrastructure
5) Statement of Provincial Interest Regarding Housing
6) Statement of Provincial Interest Regarding the Development of the
Nova Centre
The Statement of Provincial Interest Regarding the Development of the Nova
Centre is not applicable to this Plan. The Plan considers the remaining five
Statements of Provincial Interest as described below.
Statement of Provincial Interest Regarding Drinking Water
Drinking water in Mahone Bay is derived from both public and private
systems that serve residents in the community. The public drinking
water supply is located outside of the Town's boundary in the
Municipality of the District of Lunenburg and is protected under the
Environment Act, meaning the Town has limited control over the quality
of its water supply. The Town will continue to work with the Province
and the Municipality of the District of Lunenburg to ensure Oakland Lake
remains a viable source for drinking water while also enabling smaller
and more flexible lot sizes in the town to use drinking water
infrastructure more efficiently.
Applicable MPS Policies: 4-6 and 4-8
Town of Mahone Bay Municipal Planning Strategy
7
Statement of Provincial Interest Regarding Flood Risk Areas
The Statement of Provincial Interest Regarding Flood Risk Areas
identifies five flood risk areas designated under the Canada-Nova Scotia
Flood Damage Reduction Program. None of the five flood risk areas
identified under this program are located in Mahone Bay; however,
Council recognizes the intent of this Statement and has adopted policies
that establish horizontal buffers along the watercourses and wetlands in
the town as an additional measure to protect against flooding as well as
vertical setbacks along the coast to protect against flooding caused by
sea level rise.
Applicable MPS Policies: 4-28 through 4-34
Statement of Provincial Interest Regarding Agricultural Land
In Mahone Bay, lands that are not developed hold limited potential for
agricultural uses. Lands are classified as Class 3, with moderately
severe limitations, and as Class 7 that have no capacity for arable
culture or permanent pasture. To support the Statement of Provincial
Interest Regarding Agricultural Lands, Council supports crop-based
agricultural uses on the unserviced lands, where possible, and has policy
to consider supporting uses like crop processing. Council also supports
urban agricultural uses including the keeping of hens, meat rabbits, and
bees throughout the town to support the local food supply and reduce
concerns of food (in)security.
Applicable MPS Policies: 4-69, 4-95, 4-96
Statement of Provincial Interest Regarding Infrastructure
The Statement of Provincial Interest Regarding Infrastructure seeks to
ensure municipalities can adequately serve their communities with
infrastructure without creating undue burdens for the municipality, its
residents, or the Province. This Municipal Planning Strategy establishes
policies that direct new growth to areas of existing infrastructure, such
as roads or sewer, or where it can be easily extended to maximize the
efficiency of the Town's existing infrastructure.
Applicable MPS Policies: 4-6, 4-7, 4-16, 4-17, 4-18, 4-40
Town of Mahone Bay Municipal Planning Strategy
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Statement of Provincial Interest Regarding Housing
Housing is one of our most basic necessities of life. To address the
Statement of Provincial Interest Regarding Housing, Council has
enabled policies that support a wide range of housing styles and tenures
throughout Mahone Bay, including special-care homes and nursing
homes. This Plan also contains policies that establish multiple
residential land use zones to support different densities, lot sizes, and
types of housing development.
Applicable MPS Policies: 4-45 through 4-59
Town of Mahone Bay Municipal Planning Strategy
9
How to Use this Municipal Planning Strategy
This Municipal Planning Strategy ("Plan") establishes a set of policies that will guide
and direct the growth of the Town over the next decade and beyond. These policies
are accompanied by and implemented through the Land Use Bylaw, which contains
the detailed land use regulations.
Interpretation
In this Plan, where:
» "may" is used in policies, the Town may, but is not obliged to
undertake future action; and
» "shall" is used in policies related to land use, the policy shall be
implemented through the Land Use Bylaw.
Diagrams, sketches or photos in this Plan are provided for illustrative
purposes only. Schedules form part of this Plan while Appendices are
not part of this Plan and are meant for reference purposes only.
Nothing in this Plan shall affect the continuance of land uses that are
lawfully established as of the date this Plan comes into effect.
Town of Mahone Bay Municipal Planning Strategy
10
2.
Development of this Plan
Plan Review Context
The review of the Town of Mahone Bay's Municipal Planning Strategy and Land
Use Bylaw, a project dubbed 'Plan Mahone Bay', was initiated by the Town in April,
2020. The Town's previous Municipal Planning Strategy and Land Use Bylaw,
adopted in 2008, had served the town well over the preceding years; however,
changing trends and circumstances in Mahone Bay warranted a new approach to
land use planning.
Plan Mahone Bay was guided by the project's Steering Team, a composition of
Town Council and the Planning Advisory Committee. The Steering Team was
integral during each phase of the project and was involved in the design and
implementation of the engagement strategy; development of the Guiding
Principles, Vision, and Goals of this Municipal Planning Strategy; and the review the
Background Report, engagement summary, and the draft Planning Documents.
Background Analysis
To support the development of this Plan and the Land Use Bylaw, significant
research and analysis was conducted by the project team between June, 2020 and
October, 2020. The research and analysis culminated in a Background Report that
was released to the public in November, 2020. The Background Report has been
attached to this Plan as Appendix 'A'.
The Background Report explored some of the fundamental characteristics of
Mahone Bay and was developed through the analysis of existing Town plans,
Statistics Canada census information, GIS information, among many other sources
of information. The Report analyzed characteristics of Mahone Bay and the
surrounding areas including the natural environment; socio-economic
characteristics including demographics and population trends; housing supply; the
local economy; and built form and heritage.
Town of Mahone Bay Municipal Planning Strategy
11
Engagement
Multiple rounds of engagement were conducted throughout the planning process
to ensure residents, community members, and other stakeholders had the
opportunity to provide input regarding the future of Mahone Bay. The engagement
was separated into two phases:
(a) initial engagement; and
(b) draft plan engagement.
A significant factor during engagement--and throughout the Plan Mahone Bay
process for that matter--was the influence and impact the COVID-19 pandemic had
on 'traditional' planning outreach and engagement. Due to the pandemic's threat to
public health and safety, in-person engagements had to be limited in their scope.
Initial Engagement
The initial phase of engagement sought to understand community
members' perspectives, insights, opinions and ideas regarding the
growth and development of Mahone Bay.
To keep community members aware of engagement activities and any
news related to Plan Mahone Bay, a website and email list were created
and updated throughout the initial phase of engagement.
Information for the initial phase of engagement of Plan Mahone Bay was
collected through the following means:
» The Plan Mahone Bay Project Launch;
» The Plan Mahone Bay Survey;
» The Social Pinpoint Interactive Map;
» The Engagement 'Scavenger Hunt'; and,
» Targeted stakeholder interviews and focus groups.
Plan Mahone Bay kicked off with a Project Launch, consisting of two
socially-distanced pop-up events. The first was held at the playground in
Jubilee Park, and the second was held at the Michael O'Connor
Memorial Bandstand. At the pop-ups, community members were able to
provide their feedback to a series of questions about the town and
questions related to the priorities that should be considered in the
planning documents. A short online video was also created and posted
on the project website for any individuals who could not attend the
Project Launch event.
Town of Mahone Bay Municipal Planning Strategy
12
Following the Project Launch, both the Plan Mahone Bay Survey and
Interactive Map were opened to the public. Responses to the Survey and
on the Interactive Map were collected between July, 2020, and October,
2020. The Survey asked respondents open- and closed-ended questions
about the character of Mahone Bay, opportunities for the town and
questions related to specific planning issues, including housing and the
environment. On the Interactive Map, respondents could leave location-
specific comments about a place in Mahone Bay and reply to comments
left by other respondents.
Information from the community was also collected through the
Engagement 'Scavenger Hunt'. Six plaques were placed around the town
with a question regarding a specific topic written on each plaque. A map
of the location of each plaque was on the project website, and
respondents could text or email their responses to each question which
would be sent to the Project Team. If community members did not wish
to participate in the 'Scavenger Hunt', they could answer the same
questions that were on the plaques through an online questionnaire.
Finally, the Project Team conducted targeted stakeholder interviews
between August, 2020 and October, 2020. The interviews were held with
various community organizations, in addition to cohort-specific
stakeholder interviews with seniors, youth, and renters.
The information collected from the initial engagement was collated and
summarized in a 'What We Heard Report'. This report has been included
as Appendix 'B' of this Plan.
Draft Plan Engagement
The second phase of engagement focused on the public drafts of the
new Municipal Planning Strategy and Land Use Bylaw. This phase gave
the public another opportunity to enrich the planning process with their
input and expertise.
Town of Mahone Bay Municipal Planning Strategy
13
In order to reach a wide audience in the town, multiple methods of
engagement were used, including:
» Updates and documents posted to the project website
» A series of Fact Sheets detailing key changes and policy
directions
» Two public open house meetings with 78 total attendees
» An online interactive map with over 1,000 page visits, 358 unique
users and 88 comments
» An online feedback form with 24 submissions
» 23 email submissions from residents
» An engagement session with the Mahone Bay Tourism and
Chamber of Commerce
These activities were promoted through:
» The Town's website and social media
» The project website (www.planmody.ca)
» Email updates
Town of Mahone Bay Municipal Planning Strategy
14
Issues and Opportunities
Throughout each phase of the review and update of the Town's planning
documents, community members and stakeholders provided their input, ideas,
opinions, and insights as to how the town should develop and grow into the future.
As community members and stakeholders provided their input, several key issues
and opportunities arose:
Environment
With the tremendous number of natural assets within and surrounding
Mahone Bay, the environment was one of the most frequently discussed
themes throughout the engagement. There is an overwhelming
consensus about the importance of the environment in Mahone Bay; it is
foundational to the very nature of the town. The community holds the
harbour, watercourses, forests, and the trails within the town's boundary
in high regard.
Housing
As a popular tourism destination and with changing demographics and
housing preferences, the demand for adequate housing, including within
Mahone Bay, has increased over the past several years. Some
engagement participants frequently cited the lack of housing that is
affordable in Mahone Bay, especially rental housing. There is also a
growing sense of urgency to support more housing options in Mahone
Bay. As was expressed during the engagement, the community
members feel there is a shortage of housing options, especially for
renters. Volatility and uncertainty in the housing market have made it
challenging to establish roots in the community. Community members
also feel a need to examine regulations to control short-term rentals in
the community. As the town has grown in popularity as a tourism
destination, some respondents feel the availability of adequate housing
has decreased.
Town of Mahone Bay Municipal Planning Strategy
15
Climate Change and Sea Level Rise
As a coastal community, climate change and sea level rise are on the
top of mind of many residents and community members in Mahone
Bay. Part of ensuring the environment is prioritized in the future must
also involve responding to the sense of urgency regarding the climate
emergency. Community members feel an approach that promotes
adaption and mitigation to climate change is needed. Some community
members not only see this as a necessity but also as an opportunity to
create jobs and support the local economy.
Transportation and Mobility
The small-scale, 'walkable', nature of Mahone Bay allows many
community members to walk and wheel to their destinations with
relative ease. It also provides a unique experience to visitors when
spending time in Mahone Bay. Throughout the engagement, several
community members expressed the need to prioritize the comfort and
safety of pedestrians over automobiles.
There is also an appreciation and understanding of the connection
between built form and physical, social, and environmental health. A
community that is accessible as a pedestrian and readily has access to
nature can support the physical and social health of humans, and the
environment more broadly. Planning for the future of Mahone Bay must
support a healthy community and should be built upon the town's
walkability and access to nature.
Town of Mahone Bay Municipal Planning Strategy
16
3.
Vision and Goals
Vision
In preparation of this Plan, eight guiding principles were established which led to
the development of a Vision for the Town. The Vision, which is aspirational in
nature, describes the ambitions of the Town and community. All the policies within
this Plan and the regulations within the Land Use Bylaw shall, in some form or
another, help achieve the Vision. The Vision Town Council has adopted for this Plan
is:
The Town of Mahone Bay will continue to be a place where people in all stages
of life, and with different ambitions and aspirations, choose to live. The Town
will protect, enhance, and be shaped by its relationship to the natural
environment and, over the life of this Plan, will become a leader in climate
change mitigation. The Town and the community will spearhead actions and
be proactive in adapting to the climate crisis. The strongest asset in Mahone
Bay will continue to be its residents who are actively engaged in Town
decision-making. Growth and development will support an accessible built
environment, where pedestrians are prioritized; will support housing and
employment opportunities for anyone who chooses to live in Mahone Bay; will
balance and nurture the needs of the human and natural environments; will
only occur through a careful, transparent and systematic process; will
recognize and protect cultural and built heritage while continuing to allow for
change and evolution; and will emphasize the protection and expansion of
public spaces and institutions integral to the daily lives of residents. The
physical, social, and mental health and wellbeing of all residents will be
supported and nurtured by the built and natural environments, and by the
community itself.
Policy 3-1: Council shall, through the policies and maps of this Municipal Planning
Strategy, the Land Use Bylaw, and the Subdivision Bylaw, implement the Vision for
the Town of Mahone Bay.
Town of Mahone Bay Municipal Planning Strategy
17
Goals
In addition to a Vision, a set of eleven goals were established for this Plan. Goals
represent long-term outcomes the Town and community would like to achieve,
specifically related to land use planning. The eleven goals established for this Plan
are:
1) Preserve and enhance the natural environment.
2) Support the efficient use of municipal services.
3) Support the growth of long-term housing options.
4) Support development that mitigates climate change and minimizes
the Town's impact on the environment.
5) Adapt to changing environmental and climactic conditions.
6) Support economic activities and entrepreneurship in Mahone Bay.
7) Preserve and enhance access to cultural and recreation spaces that
contribute to a high quality of life.
8) Preserve, promote, and enhance the protection of cultural and
heritage resources and landscapes.
9) Support physical, social, and mental health and wellbeing of all
residents.
10) Establish clear and transparent land use regulations that also
promote flexibility and a diversity of land uses.
11) Encourage a fine-grained, pedestrian-friendly development form.
Policy 3-2: Council shall, through the policies and maps of this Municipal Planning
Strategy, the Land Use Bylaw, and the Subdivision Bylaw, implement the Goals for
the Town of Mahone Bay.
Town of Mahone Bay Municipal Planning Strategy
18
4.
Town-Wide Policies
Introduction
Mahone Bay features a diversity of land uses, development patterns, and structures
and buildings that have, throughout the town's history, come to define its unique
characteristics and attributes. Although Mahone Bay is small in land area, the
town's land uses, streetscapes, and natural areas have all evolved over the history
of the town. Because of this, some planning issues and concerns in Mahone Bay
are specific to individual areas, people, or neighbourhoods; however, many planning
topics and issues that are integral to the future of the town apply to all of Mahone
Bay. The provision of central services, protection of environmentally significant
areas, support for home-based businesses, among others, are all shared issues
and are applicable throughout Mahone Bay.
The following Part contains policies that apply to the entirety of Mahone Bay, and
which will guide the issues that are shared among all residents and stakeholders.
Growth and Development
This Municipal Planning Strategy, and accompanying Land Use Bylaw, represents a
blueprint for how the town will grow and develop over the next decade, and beyond.
The policies within this Plan are intended to direct and manage how land is
developed and used in Mahone Bay. Within the context of land use planning, two
fundamental elements are highly influential in how residents and visitors
experience the spaces in the community:
» the siting, scale, and orientation of buildings; and
» the size of lots.
Mahone Bay features intimate streetscapes with a variety of land uses and building
styles that contribute to the town's overall character and feel. In the 'core'
commercial areas, buildings are oriented towards the water, on small lots, and
often front directly on the street. In areas outside of this core, which are primarily
dedicated to residential uses, buildings are located on larger lots and are set back
farther from the street.
Town of Mahone Bay Municipal Planning Strategy
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In Mahone Bay, just like the variety of building types, there is a variety of lot sizes. In
the dense commercial core, characterized by smaller lots and a predictable rhythm
of structures, distances between structures and land uses are much shorter
compared to areas of Mahone Bay with less dense development. With smaller lots
and the variety of storefronts and structures, residents and visitors can, as
pedestrians, visit multiple destinations in the commercial area (town core) without
necessarily needing to use an automobile. Outside of the commercial areas, large,
primarily residential lots prevail. In these areas, distances between structures are
larger due to more permissive lot standards and the number of 'destinations'--such
as places to purchase goods or services--diminishes.
There are trade-offs that must be examined when considering minimum lot sizes.
Smaller, denser lots enable and promote a greater density of people and services
while larger lot requirements reduce density, ultimately serving fewer people. While
concerns around density are generally related to its impact on generating higher
automobile traffic and people in a given area, higher densities use municipal
services more efficiently than less dense areas. The costs associated with
servicing higher density are shared among more users, and, therefore, create a
more efficient use of land and services such as central water and sewer systems.
There are also physical, environmental, and social trade-offs that are made when
considering different densities. Residents and visitors may be more likely to choose
other modes of transportation than an automobile in dense areas, such as walking,
wheeling, or cycling. These forms of transportation contribute to overall physical
health and reduce greenhouse gas emissions, while also providing opportunities
for social interactions with community members. In consideration of these factors,
Council, through the policies below, supports efforts to promote varying
development densities and land uses through building and lot requirements.
Policy 4-1: Council shall, through the Land Use Bylaw, regulate the size, location,
and number of buildings on a lot to carry out the intent of each specific land use
zone.
Policy 4-2: Council shall, through the Land Use Bylaw, permit and establish
requirements for accessory uses, buildings, and structures that are incidental and
subordinate to the main use of land or building on a lot.
Policy 4-3: Council shall, through the Land Use Bylaw and the Subdivision Bylaw,
regulate the size of lots created in keeping with the intent of each specific zone,
and consistent with the availability of central services.
Town of Mahone Bay Municipal Planning Strategy
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Policy 4-4: Council may, through the Land Use Bylaw, relax lot area and frontage
requirements on existing undersized lots.
Flag Lots
Flag lot development, sometimes known as backlot development, is a
style of subdivision and development where an existing large lot that is
only developed in the front portion is subdivided to enable development
behind the existing structure--or vice versa. The resulting lot created
through this style of development often resembles a flag and flagpole
(Figure 4), where the 'flagpole' provides street frontage and lot access,
and the 'flag' is developed as any other lot.
Figure 4: An example of a flag lot and flag lot development.
Council supports the creation of new flag lots in the town to enable
increased density and to help maximize land use. To reduce any
potential negative land use impacts of flag lot development, Council
supports measures to limit land use conflicts including establishing
minimum lot frontage standards and abutting access requirements.
Policy 4-5: Council shall, through the Land Use Bylaw, enable flag lot
development within the town, subject to provisions within the Land Use
Bylaw intended to reduce potential land use conflicts with surrounding
uses.
Town of Mahone Bay Municipal Planning Strategy
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Infrastructure
Infrastructure is essential to keeping our communities functioning, and in Mahone
Bay there exists a combination of both public and private infrastructure systems.
The Town provides streets and sidewalks that serve as conduits to travel within the
town, water and sewer services to ensure the community has access to clean
drinking water and to keep the waterways clean, electricity to heat and power
residents' homes, among others. In contrast, there are also properties within
Mahone Bay that are not connected to municipal infrastructure systems, such as
those with on-site drinking water and septic systems. Nevertheless, infrastructure
and services make our communities safe and enjoyable places to live and visit.
As one of the primary services provided by municipalities, the construction and
maintenance of infrastructure is also one of the primary costs for any government.
Roads, sidewalks, and other above- and below-ground infrastructure all require
regular upkeep and, after time, total replacement. Initial implementation of
infrastructure and its long-term recapitalization represent significant future costs
for all municipalities across Canada.
Future considerations for the allocation of infrastructure must include how it can
be planned in a way so that it does not place an undue burden on the Town or its
taxpayers, but also how climate change may impact existing and future
infrastructure, and how the Town can meet the needs of existing and future
residents. The following sets of policies address existing and future infrastructure
and services in Mahone Bay.
Planning for future infrastructure may also involve the Municipality of the District of
Lunenburg, and where advantageous may include the sizing of services such that
both municipalities can benefit and share the costs.
Town of Mahone Bay Municipal Planning Strategy
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Central Services
The Town of Mahone Bay is served by municipal water and sewer
systems, but not every property within the Town is connected or has
access to such services.
Central wastewater (sanitary sewer) systems use a network of pipes
and other infrastructure to move waste from residential and commercial
properties to a treatment facility. To move untreated wastewater,
sanitary sewer systems can use gravity mains, where wastewater flows
via the force of gravity to the wastewater treatment facility, which is
located at a relatively low elevation in the community. However, where
gravity mains are not feasible due to topography, lift stations (pumps)
may be required to move waste.
Mahone Bay's sanitary sewer system consists of a network of over 10.5
kilometres of sewer mains and a total of three pumping stations, which
pump effluent to the treatment facility from serviced properties. The
Town's treatment facility is a wastewater lagoon built in 1994 and
located at the top of the drumlin along Main Street towards Maders
Cove.
While most properties in Mahone Bay are connected to the sanitary
sewer system, a 2018 study completed by ABLE Engineering and the
Bluenose Coastal Action Foundation14 found there are approximately 30
properties in town that are not currently connected. These properties
dispose of their waste through either on-site systems (e.g., septic beds),
where the wastewater is treated on the property, or it is presumed some
properties have straight pipe septic systems that discharge untreated
sewage directly into Mahone Harbour. As outlined in their report,
changes to the Nova Scotia Environment Act in 2007 eliminated the
concept of legal non-conformance for straight pipe septic systems,
meaning properties must comply with the regulations that prohibit the
discharge of untreated sewage into the environment.
Town of Mahone Bay Municipal Planning Strategy
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Drinking water in Mahone Bay is derived from Oakland Lake, which is
located outside of the town's boundary in the Municipality of the District
of Lunenburg. Oakland Lake and its watershed are protected from high-
risk activities under the Oakland Lake Watershed Protected Water Area
Regulations made under the authority of the Nova Scotia Environment
Act. These Regulations establish strict controls on the types of activities
that can be conducted within the protected area to ensure Oakland Lake
remains a viable drinking water source for Mahone Bay. However, the
Regulations do not regulate development, and any such controls will
depend on the cooperation of the Municipality of the District of
Lunenburg in establishing appropriate zoning controls.
From Oakland Lake, water is pumped nearly three kilometres to the
Town's Water Treatment Plant located at 70 Zwicker Lane. To make the
water safe for human consumption, the water is treated and stored in
the water storage reservoir before it is transported via gravity to the
town. Mahone Bay has over 14 kilometres of water mains, with the
majority put in place during the 1940s. A 2008 hydrological assessment
study found that the treatment plant could service a population of
approximately 1,600 residents. Over the next decade, the Town will
continue to work to connect all properties to the municipal water and
sewer system.
Policy 4-6: Council shall, through the Land Use Bylaw, encourage the
efficient use of central services by permitting smaller lot sizes and lot
frontages in areas where central sewer, water, or both are present.
Policy 4-7: Council shall, through the Land Use Bylaw, require new
development to connect to central sewer where such services are
available.
Policy 4-8: Council shall continue to work with the Province of Nova
Scotia and the Municipality of the District of Lunenburg to ensure
Oakland Lake and its watershed remains a source of clean drinking
water for the Town and its residents, and in particular shall work with the
Municipality of the District of Lunenburg to establish appropriate zoning
for lands within the Oakland Lake watershed.
Town of Mahone Bay Municipal Planning Strategy
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Utilities
Public utilities such as phone, water and sewer, internet, and electricity are
important for the daily functioning of our communities, but these uses
often do not have typical lot area and frontage requirements. An example
of this can be seen when examining the location of electrical power poles.
This type of infrastructure is often located in the front yard of a property
and within a few feet of property lines--an area that is usually precluded
from development. However, because of their importance, Council
supports public utilities being exempt from zone requirements.
Policy 4-9: Council shall, through the Land Use Bylaw, permit public
utilities in all zones and shall exempt such uses from zone
requirements. For greater clarity, these exemptions shall only apply to
the utility infrastructure itself, and not related uses such as utility offices
or maintenance depots.
Telecommunication Towers
Within Canada, the sole authority for issuing licenses for
radiocommunication facilities lies with the Federal Government under
the Radiocommunications Act. This Act takes precedence over local
planning regulations and generally encourages colocation of equipment
(e.g., installing new equipment on existing towers) before new towers are
developed.
The Radiocommunications Act includes a requirement for public
consultation before the development of new telecommunication towers,
but municipalities can implement consultation protocols for the
development of new telecommunication towers. Where no municipal
protocol has been established, consultation occurs under the Industry
Canada Default Public Consultation Process. Until such a time when the
Town adopts a municipal protocol for consultation, the Town will defer to
the default Industry Canada process for public consultation before the
development of new telecommunication towers.
Policy 4-10: Until such a time when the Town has implemented a
consultation protocol for the development of new telecommunication
towers, Council shall defer to the Canadian Radiocommunication
Information and Notification Service (CRINS) to conduct siting, review,
and public consultation processes in accordance with Industry Canada
standards.
Town of Mahone Bay Municipal Planning Strategy
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Solar Collector Systems
Solar collector systems are devices that collect solar radiation from the
sun and turn solar energy into electricity, or systems that collect heat
energy for space heating or domestic hot water purposes. These
systems can be applied at many different scales including the individual
or household level, up to large solar 'farms' that cover large areas of land.
Policy 4-11: Council shall, through the Land Use Bylaw, permit accessory
solar collector systems in all zones and shall establish development
standards within the Land Use Bylaw for such systems.
Policy 4-12: Council shall, through the Land Use Bylaw, limit the
placement of accessory solar collector systems within the Architectural
Control Overlay.
Policy 4-13: Council shall, through the Land Use Bylaw, permit
commercial-scale solar collector systems in land use zones that
prioritize industrial development.
Wind Turbine Generators
Wind turbine generators, like solar collector systems, use the earth's
natural systems to generate electricity. Wind turbine generators use the
movement of air (wind) to convert kinetic energy to electricity, often by
using wind to spin blades, which in turn creates electricity. These
generators can come in a range of sizes and be arranged and
configured as individual generators or a collector of generators.
Mahone Bay, which owns its electric utility, is pursuing renewable energy
production through the Alternative Resource Energy Authority (AREA), of
which Mahone Bay is a partner and equity owner with the Towns of
Antigonish and Berwick. This partnership runs the Ellershouse
Windfarm, a 10-turbine wind farm with a maximum output of 23.15
Megawatts. This wind farm supplies approximately 40 percent of
Mahone Bay's and its partners' electricity requirements.15
Town of Mahone Bay Municipal Planning Strategy
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With its small footprint and relatively dense urban fabric, the appropriate
size and scale of wind turbine generators permitted in Mahone Bay are
limited. Council is supportive of small, domestic, wind generator
systems for on-site electrical consumption that balance potential land
use conflicts with the environmental and economic benefits derived
from these systems.
Policy 4-14: Council shall, through the Land Use Bylaw, permit domestic
wind turbines, which are limited in their size and scale and intended to
generate electricity only for on-site consumption or are mechanical and
are intended to pump water, as an accessory use in the Residential
Unserviced Zone. Wind turbine systems that are larger in size, scale,
and/or production capacity than those permitted as a domestic wind
turbine shall not be permitted.
Policy 4-15: Council shall, through the Land Use Bylaw, establish
appropriate horizontal setbacks and standards for the siting of domestic
wind turbines.
Town of Mahone Bay Municipal Planning Strategy
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Transportation and Mobility
Like central water and sewer services, roads, sidewalks, and trails are an important
part of the Town's infrastructure network. These assets are part of the larger
transportation system that enables residents, community members, and visitors to
travel to--and within--Mahone Bay. Because of its small footprint and dense urban
form in some areas, there are many opportunities for people to walk, wheel, or
cycle to places of employment, education, or pleasure.
Land use planning and transportation are closely linked. When dense, diverse land
uses are associated with a variety of transportation options, community members
can access many services and amenities in a single location via a mode of
transportation that does not require an automobile.
Throughout the engagement for this Plan, one of the key themes to emerge was
the need to prioritize pedestrians, their safety, and their comfort over people using
private automobiles. The following set of policies will seek to elevate the needs of
pedestrians in Mahone Bay, all the while ensuring a variety of transportation
options continues to exist for all community members and visitors.
Public and Private Roads
While most roads in Mahone Bay are owned and operated by the Town,
there are roads not owned and maintained by the Town that provide
access to private lots. Generally, developed lots are required to front
directly onto a public road, but exceptions to these standards have
resulted in development occurring on lots without direct access to a
public road. In order for these lots to have access to the transportation
system, a 'private road' is needed. A private road is any road not owned
by the Town or the Province and can include a legal right-of-way, a
driveway, or a road designed by an engineer.
While private roads can be useful, such as in rural areas to provide
access to agricultural, forestry or recreational uses, in denser areas,
these roads can create challenges for future growth and emergency
vehicle access. To ensure development occurs predictably and is
supported by a safe and efficient transportation network, Council
supports efforts to ensure new development is located on publicly
maintained roads. While development on non-public roads is generally
prohibited in the Town, any person wishing to subdivide a lot and create
a development can contact the Town and speak with the planners and
Town of Mahone Bay Municipal Planning Strategy
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the Development Officer about how to proceed with potential
development options.
Policy 4-16: Council shall, through the Land Use Bylaw, require all new
development to front onto a publicly maintained street. Council may,
through the Land Use Bylaw, create exception to this standard for
existing lots that lack minimum frontage and/or area requirements.
Policy 4-17: Council may, through the Subdivision Bylaw, require lands
to be set aside as "road reserves" to connect new public streets to
adjacent lands that have the potential to be subdivided and developed
with future public streets.
Sidewalks and Pedestrian Connections
In addition to an extensive road network, some of Mahone Bay's busiest
streets are served by a sidewalk network that stretches almost the
entirety of Main Street and extends along Edgewater Street. Sidewalks
provide pedestrians a safe, protected, space on the road that is
separated from automobiles. The Town's sidewalk network also extends
into its residential areas including along sections of Fairmont Street,
Pleasant Street, Clairmont Street, and Clearway Street. Sidewalks are
essential pieces of infrastructure that provide pedestrians a safe and
comfortable space to move throughout Mahone Bay. Council is
supportive of policies that help to connect new public streets to
pedestrian connections.
Policy 4-18: Council may, through the Subdivision Bylaw, require
pedestrian connections to connect new public streets to each other, and
to important destinations such as commercial areas, schools, parks, and
other amenities.
Town of Mahone Bay Municipal Planning Strategy
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Automobile Parking
Automobile parking challenges in Mahone Bay are created by the two
distinct demand parking profiles throughout the year: the high demand
in the summer months during the busy tourism season, and the low
demand during the remainder of the year when it is mostly residents of
Mahone Bay searching for parking. There are several dedicated public
parking lots along the waterfront and on-street parking sites in Mahone
Bay but, because of the demand for parking created during the summer
months, the number of spaces available is often not enough and, in
some instances, creates public safety concerns along some of the
town's streets.
To ensure an adequate supply of parking is available, municipalities
often implement minimum parking requirements. These requirements
establish the minimum number of parking spaces a developer would
need to provide to meet the approximate demand of the development.
As a minimum standard, developers can supply additional parking
spaces if their business plan requires them. However, in some areas of
the town, providing parking is difficult or simply not possible due to the
constraints created by the lot. This is especially relevant in the
commercial core. In this specific case, Council supports policies that
eliminate minimum parking requirements for non-residential uses to
ensure current and future economic opportunities are not lost due to
parking requirements, and to help support the "main street" character of
this area.
While there is often a desire to request additional parking spaces from a
developer, careful consideration must be given to ensure the Town finds
a balance between the year-round parking demand and minimum
parking requirements. Establishing high minimum parking requirements
reduces the amount of developable land in the town, and, in many
instances, can act as a barrier for small businesses that cannot afford to
supply the required number of parking spaces.
Policy 4-19: Council shall, through the Land Use Bylaw, establish
minimum automobile parking standards aimed at reducing the impacts
of parking overflow on neighbourhood streets during typical volumes,
but not necessarily during peak demand.
Town of Mahone Bay Municipal Planning Strategy
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Policy 4-20: Council shall, through the Land Use Bylaw, establish
design requirements for required automobile parking spaces and areas.
Policy 4-21: Council shall, through the Land Use Bylaw, establish
standards for off-site automobile parking requirements.
Policy 4-22: Council shall, through the Land Use Bylaw, exempt non-
residential uses in the Commercial Core Zone from the requirement to
provide on-site automobile parking spaces and loading spaces.
Policy 4-23: Council may, through the Land Use Bylaw, consider
proposals for parking lot developments as a main use through site plan
approval in zones that prioritize commercial, industrial, and public uses.
Policy 4-24: Council may develop a Street Parking Bylaw to effectively
manage and regulate automobile parking along Town streets to balance
the parking needs of residents and visitors in Mahone Bay all the while
promoting a safe and efficient street network.
Policy 4-25: Council shall, through the Land Use Bylaw, establish
minimum bicycle parking standards and shall enable a reduction in
minimum automobile parking spaces if a business owner provides
bicycle parking spaces that meet standards of quality and usability.
Policy 4-26: Council shall, through the Land Use Bylaw, establish
minimum loading areas standards intended to ensure businesses can
appropriately manage the loading and unloading of goods and other
business-related products.
Town of Mahone Bay Municipal Planning Strategy
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Drive-through Uses
Drive-throughs are facilities that provide automobile users access to
amenities and services without the need to exit one's vehicle. Drive-
throughs are traditionally comprised of a main structure with a pick-up
window and associated lanes where people line up their automobiles
before picking up the goods they are accessing, such as take-out food or
financial institutions. Drive-throughs provide services that enable
residents, especially those who have reduced mobility, to access goods
and services quickly and easily without needing to leave their vehicle.
Drive-throughs also often reduce onsite parking needs as the need to
park and exit an automobile is reduced.
Despite the convenience and accessibility that drive-through uses
provide, without consideration for their siting, design, and layout, drive-
throughs can have a negative impact on the public realm, especially for
pedestrians. Often, drive-through lanes and pick-up windows are located
adjacent to public streets and sidewalks and create uncomfortable and
unwelcoming environments. Drive-throughs can also create off-site
traffic issues when not planned accordingly. While Council supports
drive-throughs where appropriate, it wishes to ensure any future drive-
through uses are properly sited and designed to maximize pedestrian
comfort and safety, in addition to reducing automobile traffic issues.
Policy 4-27: Council shall, through the Land Use Bylaw, only permit
drive-through uses through site plan approval and establish site design
and layout requirements for elements of a proposed drive-through to
limit negative impacts on surrounding areas.
Town of Mahone Bay Municipal Planning Strategy
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Environment
Mahone Bay makes up a small part of the local and regional ecosystems along the
South Shore. The coastal waters, inland rivers and forests within the town all
interact and form part of larger ecosystems. First and foremost, these ecosystems
are home to a diverse set of plant, animal, and aquatic species that live, populate,
and occupy these spaces. Planning for the future must consider how the Town's
and community's actions impact the ecosystems of these species.
These living species also provide many ecosystem services that ensure their
ecosystems, as well as those around them, continue to exist and thrive. They
regulate the quality of air, water, and soil and support the many cyclical processes
that maintain these areas as habitable. In addition to the services that plant, animal,
and aquatic species provide to the greater ecosystem, they provide services that
benefit the quality of life of humans. Natural areas provide food that is required to
sustain humans, while also improving the health and social well-being of residents
who spend time in nature.16
As the Town looks towards the future, maintaining and enhancing the quality of the
environment must be considered in the face of changing climatic conditions
brought on by the climate crisis. As the climate changes, the town may face more
severe storms, higher sea levels, coastal erosion, and more frequent flooding17. The
environment must be considered for its potential impact on humans, buildings, and
other infrastructure. The following Subsections introduce policies that look to
protect the environment in Mahone Bay, while also protecting human development
from potentially hazardous areas.
Coastal Flood Risk
As the earth's climate warmed through the 20th century--and continues
to warm through the 21st century--global mean sea levels rose. It is
predicted that they will continue to rise through the 21st century and
beyond. Sea level rise can be attributed to two primary factors: as the
earth's temperature has warmed, glaciers, ice sheets and ice caps have
melted, adding significant amounts of water to the oceans. Earth's rising
temperatures have also resulted in the thermal expansion of the oceans
(as water is warmed, it takes up a greater volume) which has also
contributed to sea level rise.18 In Atlantic Canada, sea level rise is
exacerbated by crustal subsidence (Figure 5), a process in which the
coastlines are gradually subsiding due to the earth's surface rebounding
from post-glacial conditions.19
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Figure 5: A simplified diagram of crustal subsidence.
As sea levels rise, the impacts of storm surge may also increase. Storm
surge can be described as the difference in sea level between the
predicted astronomical tide and the actual tide.20 The primary cause of
storm surge is the strong winds that push water towards the shore.21 As
the wind pushes water to the shore, the level of the tide increases,
creating a storm surge.
In 2016, CBCL Limited completed the Mahone Harbour Flood Prevention
and Shoreline Enhancement Plan22 which identified how the town may
be impacted by sea level rise and identified potential sea level rise
adaptation techniques. Using various modelling methods and sea level
rise scenarios, the Plan established a series of extreme sea level
scenarios that account for sea level rise and storm surge events for
various locations around the town. The Plan recommended the
minimum elevation for waterfront structures be between 2.2 metres and
3.0 metres above sea level relative to the Canadian Geodetic Vertical
Datum of 2013 (CGVD 2013), depending on the building's projected
lifespan. Using a principle of precautionary planning, the storm surge
produced by Hurricane Juan in 2003 in Halifax was used to establish an
upper limit for coastal structures at 3.5 metres (CGVD 2013).
Uplift
Uplift
Subsidence
Glacial Period
Post- Glacial Rebound
ICE
Subsidence
Subsidence
Uplift
Town of Mahone Bay Municipal Planning Strategy
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Recognizing the threat of coastal flooding and erosion, the Province of
Nova Scotia has acted on developing a province-wide approach to
coastal development through the Coastal Protection Act. As of October,
2023, the regulations for the Act have not been implemented, leaving a
potential gap between this Plan's and the Act's implementation. Council
will establish a 3.5 metre (CGVD 2013) vertical coastal setback for
habitable development, while enabling all other types of development
below 3.5 metres (CGVD 2013) in elevation. For development below 3.5
metres (CGVD 2013) in elevation, Council will require applicants to sign
an indemnification agreement and establish other requirements to
reduce the potential risk for development in these areas. This approach
to coastal development seeks to ensure the health and safety of people
all the while preserving development potential along some of the town's
most commercially productive areas.
Policy 4-28: Council shall, through the Land Use Bylaw, establish the
Coastal Flood Risk Map which identifies the lands below 3.5 metres in
elevation relative to the Canadian Geodetic Datum of 2013 (CGVD2013).
The map shall show the areas that are at risk of flooding from sea level
rise and storm surge, modelled to the year 2100 based on the Mahone
Harbour Flood Prevention and Shoreline Enhancement Plan.
Policy 4-29: Council shall, through the Land Use Bylaw, prohibit the
finished floor area of any new habitable development below 3.5 metres
(CGVD2013) elevation.
Policy 4-30: Council shall, through the Land Use Bylaw, require that all
development within the areas identified on the Coastal Flood Risk Map
which are below 3.5 metres (CGVD2013) and their applicants:
(a) acknowledge the potential risks of developing in areas that have
been identified as those being susceptible to sea level rise and
storm surge;
(b) locate all central mechanical systems in the building above 3.5
metres in elevation (CGVD2013); and
(c) include appropriate flood-resistant provisions for any hazardous
materials and/or potential water pollutants kept in areas below 3.5
metres in elevation (CGVD2013).
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Policy 4-31: Council shall, through the Land Use Bylaw, permit existing
buildings located within any minimum vertical coastal setback to be
moved so long as it improves the building's situation in relation to
vertical elevation.
Watercourse Buffers
In addition to the shoreline, there are significant watercourses and
wetlands in Mahone Bay. The Mush-a-mush River and Ernst Brook
traverse the town and play an important role in the day-to-day lives of
residents and the overall character of Mahone Bay. These watercourses,
and the land adjacent to them, also play a critical role in keeping the
waterways in town clean and free of pollution.
The lands surrounding watercourses serve several functions that not
only benefit the overall environment, but they help to protect urban
development that surrounds them. Various studies have found
watercourse and ecological buffers to attenuate stormwater flows,
attenuate sediment and nutrient flow, in addition to stabilizing
riverbanks.23
Just as development along the ocean shoreline can pose a threat to
human life, so can development along the rivers, streams, wetlands and
other waterways. Land adjacent to waterways is prone to erosion and
flooding, and therefore regulations should be in place to limit
development within a certain distance of the watercourses and
wetlands. With precipitation in Nova Scotia expected to increase as
climate change impacts weather and climate patterns, Council supports
increasing the horizonal buffer from 8 metres to 10 metres. The buffer
will limit development to ensure these watercourses remain an asset in
the community and protects developments from these sensitive, yet
periodically hazardous areas. Council may also explore additional
opportunities, including the development of a stormwater management
bylaw which is mentioned elsewhere in this plan, to mitigate potential
flooding along watercourses in Mahone Bay.
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Policy 4-32: Council shall, through the Land Use Bylaw, prohibit
development within ten (10) horizontal metres of the ordinary high
watermark of inland watercourses in all zones. Exceptions shall be
made for limited vegetation removal, recreational structures, safety
structures, and buildings that functionally depend on access to the
water.
Policy 4-33: Council shall, through the Land Use Bylaw, provide
flexibility from the watercourse and shoreline buffers for existing
undersized lots, and where an existing building is to be moved in a
manner that improves the situation in relation to the buffer.
Policy 4-34: Council shall, through the Land Use Bylaw, allow for a
reduction of the watercourse buffer on a lot where the property owner
provides an appropriate study prepared by a qualified professional
indicating the reduction will not present a hazard to development or an
environmental risk.
Landscaping, Trees, and Stormwater Management
Mahone Bay's sanitary sewer system is a combined system, meaning
that in addition to transporting and treating wastewater, it also treats
precipitation run-off that flows into storm drains. This type of
wastewater system is not uncommon, but during high precipitation
events, the treatment plant may overflow. Combined wastewater
treatment systems generally increase the cost to operate a wastewater
system because they treat precipitation unnecessarily. There are
solutions to preventing precipitation from being treated in a wastewater
treatment facility such as separating wastewater and stormwater pipes,
but this can be a costly fix for any municipality. A land use tool to help
control stormwater runoff is landscaping requirements. Council is
supportive of requiring a minimum level of landscaping for new
development in Mahone Bay to help limit stormwater runoff and to
maintain the character of the town.
Town of Mahone Bay Municipal Planning Strategy
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Another important feature in the stormwater management network is
public street trees and trees on private property. Trees make up one of
the defining features of Mahone Bay and help to absorb precipitation
when it reaches the soil. They also intercept precipitation before hitting
the ground surface, thus preventing or delaying it from entering the
stormwater treatment system. Because of their overall importance to
the town and community, Council will require certain developments to
submit a plan that identifies trees of a particular size on the lot and a
prevention and replacement plan to ensure--where development
occurs--trees are maintained or replaced for the long-term benefit of the
town and community.
There are, however, limitations to what Council can regulate and require
through planning documents with regards to landscaping, trees, and
stormwater management. As per the requirements of the Municipal
Government Act, Town Council can only apply regulations "in relation to
development" as defined under the Act, meaning that landscaping, tree
protection, and stormwater management cannot be regulated on their
own through the Land Use Bylaw. To that end, Council may pursue a
tree bylaw to manage and regulate trees within Mahone Bay and a
stormwater management bylaw to further manage stormwater runoff.
Developing these bylaws outside of the scope of the Land Use Bylaw
gives Council the ability to enact standards and requirements for trees
and stormwater management to an extent not possible within the Land
Use Bylaw.
In the summer of 2023, a high rainfall event caused serious washouts all
along the South Shore, and particularly in the vicinity of Mahone Bay.
These washouts damaged homes, businesses, driveways, Town
infrastructure, and transportation routes connecting Mahone Bay to
surrounding communities. Repairs required tens of millions of dollars
and the disruption to the daily lives of residents was immense. Such
extreme weather is expected to only become more common in an era of
climate change. As such, Council places a high priority on establishing a
standalone stormwater management bylaw.
Policy 4-35: Council shall, through the Land Use Bylaw, permit
mechanisms to reduce stormwater run-off in Mahone Bay, including
pervious pavement and rooftop gardens.
Town of Mahone Bay Municipal Planning Strategy
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Policy 4-36: Council shall, through the Land Use Bylaw, establish
landscaping requirements for development within Mahone Bay.
Policy 4-37: Council shall, through the Land Use Bylaw, permit flat roofs
and flat-roofed additions, where permitted, to include rooftop gardens as
an additional mechanism to reduce stormwater runoff.
Policy 4-38: Council shall, through the Land Use Bylaw, establish tree
protection and replacement provisions for development in the
residential zones. These provisions shall indicate which developments
require a plan prepared by a professional to verify that trees of a certain
size are identified and replaced during development.
Policy 4-39: Council may develop a tree bylaw to manage and regulate
the trees within the town in order to preserve, enhance, and grow the
town's tree canopy cover, ensure trees remain safe and stable, and to
encourage good urban forestry practices.
Policy 4-40: Council may develop a stormwater management bylaw, in
accordance with the Municipal Government Act, to establish standards
and requirements to manage the impacts of urban development on
stormwater runoff within Mahone Bay.
Policy 4-41: Council shall, through the Land Use Bylaw, establish
requirements and standards for fences in the Planning Area.
Town of Mahone Bay Municipal Planning Strategy
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Electric Vehicle Charging Stations
As the adoption of electric vehicles across Canada and Nova Scotia
increases, there will be increased opportunities to implement electric
vehicle charging stations across the town at different scales and for
different uses. While the contemporary application of electric vehicle
charging stations is typically a single charging outlet for the public to
use or situated within a household, there may come a time when
commercial charging stations, not unlike a gas station, are
commonplace. As such, Council is supportive of distinguishing between
commercial-scale and non-commercial electric vehicle charging stations
and permitting these uses in different locations.
Policy 4-42: Council shall, through the Land Use Bylaw, permit non-
commercial electric vehicle charging stations as an accessory use in all
zones.
Policy 4-43: Council shall, through the Land Use Bylaw, permit the
development of commercial electric vehicle charging stations in the
Industrial General Zone and the Commercial General Zone.
Light Pollution
As Mahone Bay grows, there may be concerns that light pollution
associated with development could impact the quality of life in the town
as well as having a negative impact on aquatic and terrestrial
ecosystems. Council supports measures to ensure that where
development occurs, any exterior lighting is appropriately designed for
the town's context.
Policy 4-44: Council shall, through the Land Use Bylaw, establish
controls on exterior lighting to help ensure it does not negatively impact
adjacent properties and streets.
Town of Mahone Bay Municipal Planning Strategy
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Housing
As one of the necessities of life, every person living in Mahone Bay needs access to
housing that is affordable, in good condition, and appropriate for their life stage.
Housing is fundamental to the health, dignity, and quality of life for all the town's
residents.
Traditionally, housing style and tenure in Mahone Bay has been focused on single-
unit dwellings occupied by a family. However, as housing preferences and needs
change and other socio-economic factors impact the housing market, changes are
needed to ensure there is a diversity of housing types, sizes, and tenures for current
and future residents in the town.
This section focuses on policies specific to housing style, tenure, and diversity.
Housing Diversity and Affordability
As the town's demographic profile and community preferences change,
a greater diversity of housing is needed in Mahone Bay.
According to 2016 Statistics Canada Census information, 65% of all
housing in Mahone Bay consists of single detached dwellings.24 The
housing market is also skewed towards homeownership, where 63% of
the town's housing stock is owner-occupied.25
Housing diversity not only includes different tenures of housing (owner
vs. renter), but it includes different styles, sizes, and price points that
people are able to choose from.
Despite most housing options in Mahone Bay consisting of single
detached dwellings, there are numerous alternatives to these 'traditional'
housing forms including backyard suites, mini homes, mobile homes,
co-op housing, and cluster housing that could serve to increase housing
diversity, density, and affordability. Council is supportive of enabling
different forms and scales of housing throughout the town, including
backyard suites, mobile homes, and mini homes, to promote housing
diversity and affordability.
Recent amendments to the Municipal Government Act have enabled
municipalities in Nova Scotia to implement, "inclusionary zoning",
through which the Land Use Bylaw can require a certain percentage of
new housing units meet affordability standards. Since this tool is (as of
2023) relatively new and un-tested in Nova Scotia, many questions
Town of Mahone Bay Municipal Planning Strategy
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remain regarding how affordability should be defined and what
administrative processes are necessary to monitor and ensure
affordable units created through inclusionary zoning remain affordable.
Council is supportive of the idea of inclusionary zoning as a tool to
tackle housing affordability challenges but sees the need for additional
study to establish the necessary systems to support this tool.
Policy 4-45: Council shall, through the policies of this Plan and through
the Land Use Bylaw, enable diversity in the form, scale, and location of
housing that is permitted in Mahone Bay.
Policy 4-46: Council shall, through the Land Use Bylaw, permit mini
homes as a residential use in serviced and unserviced residential zones
that prioritize low-density residential development.
Policy 4-47: Council shall, through the Land Use Bylaw, permit mobile
homes as a residential use in serviced and unserviced residential zones
that prioritize low-density residential development. To ensure their
compatibility with surrounding uses and the general character of the
town, Council shall establish requirements for the siting of mobile
homes in the Planning Area.
Policy 4-48: Council shall, through the Land Use Bylaw, permit all
dwelling types, excluding mobile homes and mini homes, to be of the
modular variety whereby components of the dwelling are assembled off
site and transported to the building site for final assembly to support
affordable building methods and technologies.
Policy 4-49: Council may, following additional study, amend the Land
Use Bylaw and/or adopt administrative policies or bylaws as necessary
to implement inclusionary zoning.
Town of Mahone Bay Municipal Planning Strategy
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Accessory Dwellings
As the name suggests, accessory dwellings are dwellings that are
"accessory" to a dwelling and are smaller in floor area than that main
dwelling (Figure 6). Accessory dwellings can include dwellings that are
located within the same structure as the main dwelling--commonly
referred to as "secondary suites", "basement suites", or "in-law suites"--
or accessory dwellings can be detached structures located in the rear of
a lot - otherwise referred to as "backyard suites", "carriage houses", or
"granny flats".
Figure 6: Examples of accessory dwellings in the same structure as the main dwelling
(left) and accessory dwellings in a detached structure (right).
Accessory dwellings--whether they form part of the main dwelling or are
a separate structure--represent a viable option to gently increase
density within Mahone Bay without creating significant impacts on the
built form of a neighbourhood. This form of development also helps to
improve the overall efficiency of municipal services like sewer and water
by utilizing capcity in existing systems.
Like all structures in Mahone Bay, accessory dwellings are subject to
building code requirements and any other municipal, provincial, and
federal regulations.
Policy 4-50: Council shall, through the Land Use Bylaw, permit
accessory dwellings in land use zones that prioritize residential
development.
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Policy 4-51: Council shall, through the Land Use Bylaw, establish
regulations and standards for accessory dwellings intended to limit their
impact on the built form of existing and future neighbourhoods.
Converted Dwellings
With the current housing stock in Mahone Bay primarily composed of
single dwellings and with changing demographics and housing
preferences, there are opportunities for adaptive re-use of existing
residential structures to accommodate additional residential units. The
average household size in Mahone Bay shrank from 2.0 people per
household in 2006 to 1.9 people per household in 201626--a trend that is
not unique to Mahone Bay. These factors provide homeowners the
opportunity to convert their single dwellings into multiple units that can
be rented or leased. Residential conversion not only supports the
increase of additional rental units, but it provides homeowners
additional--or supplemental--income. Conversion of existing dwellings
to accommodate additional units also serves to maintain the built form
of Mahone Bay without the need to demolish structures to
accommodate growth.
Policy 4-52: Council shall, through the Land Use Bylaw, permit the
conversion of dwellings and shall establish requirements to ensure
converted dwellings fit into the general form and character of a
neighbourhood.
Policy 4-53: Council shall consider, by development agreement,
converted dwellings with a certain number of units beyond a threshold
established in the Land Use Bylaw, subject to the policies in Section 6.6.
Policy 4-54: Council may, through the Land Use Bylaw, permit fire
escapes and exterior staircases to encroach into required rear and side
horizontal setbacks, up to a specific distance established in the Land
Use Bylaw, to support and enable buildings to be adapted to
accommodate different uses.
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Supportive Housing
With Mahone Bay's small footprint and many services, it is an ideal
location for people with supportive housing needs to reside. As of 2022,
there is an existing 61-bed nursing home in Mahone Bay, which is in the
process of being replaced by a larger 96-bed facility. However,
throughout the development of this Plan, residents and community
members expressed their desire to see greater support for additional
forms of supportive housing in Mahone Bay.
Supportive housing need not be within large facilities but can be
operated out of residential dwellings such as single dwellings,
depending on the level of care residents of the supportive housing
require. To ensure the current and future population of Mahone Bay
have their needs met, Council supports enabling the development of
supportive housing in residential areas that is in keeping with the general
character of the surrounding areas.
Policy 4-55: Council shall, through the Land Use Bylaw, permit
supportive housing options, including, but not limited to, residential care
facilities and small options homes in all zones that permit residential
uses and to a scale similar to the other residential uses
permitted in those zones.
Grouped Dwellings
Grouped dwellings are a style of residential development where two or
more individual dwelling units are in separate buildings on a single lot.
This style of development can have different types of ownership models.
In one example, the residential dwellings and the lot can be owned under
the same landowner who rents the units, or the units can be owned
individually with the lot owned through mechanisms such as
condominiums or housing trusts. Council supports the development of
grouped dwellings in both serviced and unserviced areas of the town.
Town of Mahone Bay Municipal Planning Strategy
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Policy 4-56: Council may, through the Land Use Bylaw, permit a limited
number of grouped dwellings in select serviced residential zones.
Council shall require the implementation of a servicing plan to ensure
any shared services, such as internal driveways, do not become the
maintenance responsibility of the Town.
Policy 4-57: Council shall consider grouped dwelling development in
the Residential Unserviced Zone, by development agreement, subject to
the policies of Section 6.6 of this Plan and the implementation of a
servicing plan to ensure any shared services, such as septic and internal
driveways, do not become the maintenance responsibility of the Town.
Boarding and Rooming Houses
Boarding houses, which can also be referred to as "rooming houses" or
"single room occupancies", are a form of housing and part of the private
rental market where individual rooms in a residential unit are rented. In a
boarding house, tenants share other facilities in the dwelling such as the
kitchen and the bathrooms.
Boarding houses offer an alternative form of housing and represent one
of the least expensive options in the private housing market. 27 Council
supports efforts to increase the number of affordable housing options in
Mahone Bay by permitting boarding houses in serviced residential
zones.
Policy 4-58: Council shall, through the Land Use Bylaw, permit boarding
houses in serviced residential zones and in the Commercial General
Zone.
Policy 4-59: Council shall consider, by development agreement,
boarding houses with a certain number of units beyond a threshold
established in the Land Use Bylaw, subject to the policies in Section 6.6.
Town of Mahone Bay Municipal Planning Strategy
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Economic Development
A strong local economy is essential in providing meaningful employment
opportunities and in turn, it is integral in supporting a high quality of life for
residents. While land use planning cannot directly result in economic development,
it can support a strong local economy by ensuring an adequate supply of land to
support economic initiatives while also supporting entrepreneurship and
wayfinding through land use policies and regulations.
Although Mahone Bay initially developed primarily as a shipbuilding community, the
local economy has diversified to include a much wider economic base, particularly
around the tourism industry. The natural beauty of the region, the scenic
landscapes, and the unique built form have made Mahone Bay a popular tourist
destination, especially during the summer months. Mahone Bay also functions as
one of the major service centres in Lunenburg County, providing services and
amenities to those who live outside of the town's boundary.
Home-Based Businesses
Council recognizes and supports the benefits that home-based
businesses bring to Mahone Bay. Small, local businesses provide many
of the day-to-day services that residents receive such as childcare and
haircare, while home-based businesses provide the venue for local
artists, crafters, and artisans to perfect their craft and build their
customer base. In many instances, local businesses began as a home-
based business that gradually expanded and were able to grow into a
brick-and-mortar location.
Policy 4-60: Council shall, through the Land Use Bylaw, permit home-
based businesses in all zones that permit residential uses.
Policy 4-61: Council shall, through the Land Use Bylaw, establish criteria
for businesses eligible to operate as a home-based business and
establish regulations that the business must meet, including, but not
limited to, parking requirements, signage requirements, and outdoor
display requirements.
Town of Mahone Bay Municipal Planning Strategy
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Signs and Advertising
Despite the reliance on digital technology, advertising signage still plays
an important role in the local economy of a community. Advertising
signage provides information to the travelling public about the services
and amenities that are available and where they can be accessed.
However, if left unregulated, advertising signage can proliferate and
create "sign pollution" and can also result in derelict, sometimes
dangerous, signs being left erected. Through a balanced approach to
signage, businesses in the community can be assured they have the
opportunity to advertise their services while also maintaining the
character of Mahone Bay.
Policy 4-62: Council shall, through the Land Use Bylaw, regulate the
type, size, and location of signs in a manner that balances the aesthetics
of neighbourhoods with the need to advertise businesses and provide
information about the community.
Policy 4-63: Council shall, through the Land Use Bylaw, permit
electronic message board signs in the Commercial General Zone, of a
limited size and sign type to ensure they fit into the general context of
the surrounding area.
Accommodations
With tourism playing such an important role in Mahone Bay's local
economy, tourism accommodations are significant commercial assets
that enable visitors to stay in the town. Mahone Bay features many
'traditional' accommodations including bed and breakfasts and inns;
however, in recent years there has been an increase in the number of
residential properties used for short-term rentals. While tourists and
visitors are undoubtedly important to the local economy, the conversion
of residential properties to short-term rentals has disrupted the local
housing economy. Council is supportive of policies that help to protect
the local housing market all the while supporting one of the town's most
significant economic industries--tourism.
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Policy 4-64: Council shall, through the Land Use Bylaw, permit bed and
breakfast operations, in which a resident owner or manager rents
individual rooms in a dwelling to the travelling public, in residential zones
and commercial zones.
Policy 4-65: Council shall consider, by development agreement, bed
and breakfast operations with a certain number of units beyond a
threshold established in the Land Use Bylaw, subject to the policies in
Section 6.6.
Policy 4-66: Council shall, through the Land Use Bylaw, permit hotels,
motels, and inns ("fixed-roof accommodations"), as well as short-term
rentals, in zones that prioritize commercial uses.
Policy 4-67: Council shall, through the Land Use Bylaw, limit the
number of short-term rentals permitted on a lot in non-commercial
zones and shall limit short term rentals in non-commercial zones to lots
where proof of primary residency is provided to the Development
Officer. Short-term rentals on lots where the occupier of the lot does not
reside on the same property shall not be permitted in non-commercial
zones.
Policy 4-68: Council may adopt a standalone "Short-term Rental" Policy
to regulate short-term rentals in Mahone Bay.
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Agricultural Uses
Despite Mahone Bay's commercial and residential core, there remains a
significant portion of the town that is largely undeveloped and has more
of a 'rural fringe' feel. Many of the properties include residential uses on
large lots, but some also have resource-based uses including
agricultural and forestry uses, while others have no active use. Under the
Canada Lands Inventory, these lands are classified as Class 3
("moderately severe limitations") and Class 7 ("no capacity for arable
culture or permanent pasture"), and, therefore, hold limited potential for
agricultural development.
While these lands have the potential for commercial livestock
production, the intensity of these uses could create land use conflicts
for surrounding properties, especially residential uses. Commercial
livestock operations are often associated with large demands for land
and water, of which there is a limited supply of both in Mahone Bay.
There are also environmental impacts of commercial livestock
operations such as water table pollution that could create concerns for
surrounding property owners who use on-site drinking water supply
systems. It is therefore Council's intention to continue to prohibit
commercial livestock operations but to enable "hobby" (i.e. smaller-
scale) livestock buildings on large, unserviced lots and to consider
proposals for agriculture-related uses in the Planning Area.
Policy 4-69: Council shall consider, by development agreement,
proposals for agriculture-related uses, such as crop processing and
storage, on lots in the Unserviced Residential Zone subject to the
policies in Section 6.6.
Policy 4-70: Council shall, through the Land Use Bylaw, prohibit
commercial livestock operations.
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Recreation and Open Spaces
There are numerous outdoor amenities for residents and visitors to enjoy within the
town including the town's parks and trails that make up part of Mahone Bay's open
space network. One of the key assets in the town's open space network is Jubilee
Park. Jubilee Park consists of several amenities including a natural adventure
playground, forests, and a network of trails that attracts people of all ages.
Two segments of the Rum Runners Trail (the Dynamite Trail and the Bay to Bay
Trail) traverse and intersect within Mahone Bay. The Dynamite Trail, which
connects Martin's River to Mahone Bay, connects with the Bay to Bay Trail, which
connects Mahone Bay to the Town of Lunenburg. Where these two trails intersect
is the beginning of the Adventure Trail that connects Mahone Bay to Bridgewater.
There is also a trail along the waterfront that runs parallel to sections of Edgewater
Street, providing residents and visitors access to Mahone Harbour.
Four other significant pieces of the open space network include the playing fields at
the Mahone Bay Centre and Bayview School and the two cemeteries within
Mahone Bay.
However, open space networks do not necessarily need to be 'natural'. The Michael
O'Connor Memorial Bandstand is often a venue for musical concerts,
performances, and a place to view the harbour and waterfront. Additionally, the
Mahone Bay Pool, Mahone Bay Tennis Courts, and Town Wharf are vital assets to
the community. Planning for the future of Mahone Bay must take into
consideration how these assets can be preserved and enhanced for future
generations.
Parks and Open Space Zone
In most instances, parks and open space uses are appropriate for most
zones and can simply assume the zoning designation of surrounding
lands. However, in some cases, Council may wish to communicate their
intent to zone lands for parks and open space uses for their long-term
preservation for the community. One such area is the playing field at the
Mahone Bay Centre. This area was identified by the community during
the engagement for this Plan as an important asset in the community.
Council is supportive of the Parks and Open Space Zone and its
application on current and future sites that are important to the open
space and recreation network in Mahone Bay.
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Policy 4-71: Council shall, through the Land Use Bylaw, establish the
Parks and Open Space Zone. This zone shall be intended for lands that
are meant to be preserved as part of the town's parks and open space
network.
Policy 4-72: Council shall, through the Land Use Bylaw, permit parks
and playground uses in all zones.
Campgrounds
Although tourism in Mahone Bay is a significant contributor to the local
economy, accommodations within the town are limited to 'traditional'
accommodation types. While campgrounds could offer a different style
of accommodations for visitors of Mahone Bay, campgrounds bring
with them many concerns including automobile traffic, noise, and
servicing capacities--concerns that may be exacerbated in Mahone Bay
due to its small land area. Additionally, the areas where campgrounds,
and other similar accommodation uses, could be accommodated--in
the periphery of town--have been historically preserved for future
residential growth. To reduce the potential of current, and future, land
use conflicts, Council is not supportive of the establishment of
recreational vehicle camping sites or campgrounds within the
boundaries of the town.
Policy 4-73: Council shall, through the Land Use Bylaw, prohibit
campgrounds in Mahone Bay.
Town of Mahone Bay Municipal Planning Strategy
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Culture and Heritage
What is now the Town of Mahone Bay is within the traditional and unceded territory
of the Mi'kmaq who continue to live here, and who have used the land and sea to
harvest food. The later populations of French Acadians, followed by Foreign
Protestants, also left a legacy on the area, seen in its architecture, before the
incorporation of Mahone Bay as a town in 1919. The following policies are focused
on supporting and encouraging future cultural and historical endeavours in Mahone
Bay.
Guiding the Conservation of Mahone Bay's Heritage Resources
To some extent, Mahone Bay's heritage is reflected in the architectural
built form that is present in the town. European and American influences
in Mahone Bay have resulted in an eclectic mix of building styles.28
Many of the early dwellings in Mahone Bay were purely functional, built
in the coulisse manner (no nails) - brought from Europe by the 'foreign
protestants'. As Mahone Bay grew as a community and shipbuilding,
fishing, and shipping became more important industries in the second
half of the 19th century, the architectural style of housing also began to
diversify beyond simpler styles of housing. Italianate, Gothic Revival,
Classical Revival, Picturesque, and Renaissance Revival styles of
architecture all influenced the built form in Mahone Bay. Unlike in other
areas of Nova Scotia, however, Georgian style of architecture had
limited influence in Mahone Bay, which was a struggling farming
community in the Georgian period.
Past planning documents used pre-1919 (the year of incorporation as a
Town) architecture as the focus for architectural preservation. At this
time a comprehensive architectural analysis has not yet been completed
to focus on more modern architectural periods. However, Mahone Bay
can be described as a continuing evolved cultural heritage landscape.
This description is based on an understanding of the community and
acknowledges that the town is not only a straightforward relic from a
past era. Rather, Mahone Bay is a place that continues to evolve to both
reflect its past but also accommodate new and future uses that have
been added without adversely impacting its heritage values and
resources. Planning for the future requires that the continuing evolution
of Mahone Bay should be built on an understanding of the variety of
heritage values associated with the town that are expressed not only in
the pre-1919 built resources but also in the cultural heritage landscape
Town of Mahone Bay Municipal Planning Strategy
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features and built heritage from the past century that expresses
additional information about the past. This Plan, therefore, broadens the
focus on architectural heritage to consider the authenticity of
renovations or additions in relation to the specific period in which the
building was constructed.
Although a comprehensive architectural analysis of the town has not
been completed, it is apparent even to the casual observer that the
appearance of most structures within these areas contributes
specifically to the overall attractiveness of the town. Council supports
the establishment of an Architectural Control Overlay that includes
development standards to encourage development that conforms to the
surrounding areas and is sensitive in design and scale to the
surrounding heritage properties and streetscapes. However, as best
practices for heritage preservation change, the Town would also like to
accommodate new development that is a product of our time while still
being compatible with, subordinate to and distinguishable from the
heritage fabric surrounding it.
A discussion of heritage architecture, however, must also be
accompanied by a discussion of the symbolic representation of heritage
architecture and its associated development and settlement patterns.
Heritage architecture represents colonization and settlement activities
by early Europeans that ultimately displaced the traditional people, the
Mi'kmaw, from the area. Efforts to preserve and enhance architectural
heritage must also acknowledge, to some extent, the effects of
colonialism in the town and the region.
As the Town moves forward, and within the context of reconciliation
with Indigenous Peoples, Council will seek to integrate and include
Indigenous history, voices, practices, and ways of knowing into heritage
conservation. Reconciliation, which is a long-term "commitment to
establish and maintain a mutually respectful relationship between
Indigenous and non-Indigenous peoples"29 must first begin with
confronting historical truths that are necessary for reconciliation.30
Town of Mahone Bay Municipal Planning Strategy
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One of those truths is that land use planning, as it is currently practiced
in Nova Scotia, is inherantly colonial; it is founded on Europen concepts
of land ownership, and legislative control over the use of that land.
Council recognizes this truth, as well as the resulting legal
responsibilities to which the Town is currently bound through the
Municipal Government Act. However, in the spirit of reconciliation
Council seeks to adapt the current colonial system to the extent
possible in enabling Indigenous development proposals.
Council also recognizes that Mahone Bay's long history of human
settlement raises the possibility of the presence of archaeological
artefacts, both Indiginous and European. Such artefacts are provincially
protected under the Special Places Protection Act and landowners,
developers, and their staff have a legal duty to obtain an appropriate
permit to disturb any such artefacts. Council encourages anyone
undertaking development in Mahone Bay to understand their obligations
under the Special Places Protection Act and to exercise appropriate due
dilligence prior to undertaking such development activities
Policy 4-74: Council shall, through the Land Use Bylaw, establish the
Architectural Control Overlay intended to guide the architectural style of
façades visible from the public realm and other architectural features to
help preserve the built form of existing streetscapes in Mahone Bay.
Policy 4-75: Council shall, through the Land Use Bylaw, establish
development standards for development within the Architectural Control
Overlay to ensure development conforms to the surrounding areas and
is sensitive in design and scale to the surrounding heritage properties
and streetscapes.
Policy 4-76: Council shall, through the Land Use Bylaw, allow proposals
to forgo the requirements of the Architectural Control Overlay for any
alteration or addition to an existing structure within the Architectural
Overlay where the proposed alteration or addition intends to restore the
character of the structure in manner that is period-appropriate to its
construction. Any proposed alteration or addition shall be accompanied
by verified documentation, including, but not limited to, photographs,
sketches, or written documents, to the satisfaction of the Development
Officer.
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Policy 4-77: Council shall consider, by development agreement, a
proposed development within the Architectural Control Overlay that
does not conform to the architectural design regulations of the Overlay.
The proposed development shall:
(a) be compatible with, subordinate to, and distinguishable from the
heritage built form and architecture surrounding the proposed
development;
(b) conform to all Bylaw requirements other than those of the
Architectural Control Overlay;
(c) and
(d) meet all other provisions of Section 6.6.
Policy 4-78: Council shall consider, by development agreement, a
proposed development within the Architectural Control Overlay that
does not conform to the architectural design regulations of the Overlay
if the proposal is for an Indigenous development and meets all other
provisions of Section 6.6.
Policy 4-79: Council may conduct a comprehensive architectural
analysis to understand the defining architectural elements within
Mahone Bay. The analysis should not only focus on traditional
architectural elements, but it should seek to identify additional heritage
properties, resources, and values that have not already been identified
and/or registered. Such an analysis may identify pre-European
resources in addition to those after the Town's incorporation in 1919.
Policy 4-80: Council may, through the Land Use Bylaw, permit
architectural features such as, but not limited to, sills, cornices, eaves,
and chimneys, to encroach into any required horizontal setback, up to a
specific distance established in the Land Use Bylaw, to promote
architectural diversity.
Town of Mahone Bay Municipal Planning Strategy
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Heritage Properties
The eastern entrance into the town is dominated by a unique collection
of historic buildings and features: the three churches, Bayview Cemetery,
and an intact historic view of Mahone Harbour.
The generally narrow setbacks of the commercial buildings create a
comfortable pedestrian scale to the commercial core area.
The original street layout and placement of buildings took advantage of
the topography of the area with the land rising gently from the shore.
Most of the earliest buildings were oriented to the harbour and built on
the higher terraces that provided views to the bay. Edgewater Street
winds through the town, curving in organic alignment to the bay.
Leading from the main intersection are the key streets heading inland
and connecting the core area with the lands beyond.
The town currently has 18 municipally-registered heritage properties,
each of which is accompanied by a Statement of Significance that lists
and describes the historic resources. A review of these Statements tells
the story of the settlement of the community. The earliest properties
were developed in the late 1700s by Protestant German speaking
settlers. The early land grant was subdivided and developed by families
who prospered and expanded their holdings. By 1860 a large survey laid
out an expansive plan for the town that is still evident today in the
property layout and divisions.
The listed municipally-registered buildings are of different types: a
number of historic churches; a rectory; and residences of a variety of
colours, dates and architectural styles including vernacular, Gothic
revival, and Neo-classical. The range of built and landscape features
creates a picturesque composition highlighted by the landmark
churches. In general, the scale of buildings is one to three storeys except
for the church steeples that punctuate the view. This compact scale
adds to the scenic visual character of the town.
Town of Mahone Bay Municipal Planning Strategy
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Heritage properties in Nova Scotia are regulated under the Heritage
Property Act. This Act gives municipalities a wide range of powers
regarding heritage properties including permitting municipalities to
establish a heritage bylaw and a heritage advisory committee to register
and protect municipal heritage properties. Before alteration or
demolition of a municipally-registered heritage property, the owner must
have an application approved by the council; however, under the
Heritage Property Act, regardless if a municipality denies an approval for
the alteration or demolition of a municipally-registered heritage property,
a property owner may still demolish said property after three years of
the initial application. Council supports policies that encourage property
owners to register heritage properties and to maintain the status of
existing municipally-registered heritage properties. However, as a means
to ensure existing registered heritage properties remain part of the
fabric of the community, Council may seek to explore opportunities for
the rehabilitation and restoration of registered heritage properties.
Policy 4-81: Council may encourage the continued use of existing
heritage properties while retaining the character of the buildings.
Policy 4-82: Council may seek future opportunities aimed at
rehabilitating and restoring existing heritage properties.
Policy 4-83: Council may, through the Land Use Bylaw, reduce
development requirements for municipally-, provincially-, or federally-
registered heritage properties as a means to incentivize the registration
of additional properties in Mahone Bay and to maintain the status of
existing registered heritage properties.
Town of Mahone Bay Municipal Planning Strategy
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Policy 4-84: Council shall consider proposals to enable a municipally-
registered heritage property or building to assume a use not permitted
by the land use zone in which the property or building is located, but
permitted within the designation in which the property or building is
located, by development agreement, subject to the following
considerations:
(a) the building covered by the development agreement shall not be
altered in any way that diminishes its heritage value, as identified in
the property's Statement of Significance;
(b) that any adjacent uses are not unduly impacted as a result of the
development agreement, by such things including, but not limited
to, traffic generation, noise, hours of operation, and parking
requirements;
(c) that the development adheres to the policies in Section 6.6 of this
Plan;
(d) this policy shall not apply where a use permitted in the Industrial
General Zone is proposed within the Unserviced Designation; and
(e) that any use substantially complies with all other policies of this
Plan.
Open Shoreline Zone
The shoreline of the harbour is foundational to the character of the town
and contributes to the uniqueness of Mahone Bay. Preserving the visual
access to these water assets and the appearance of the waterfront is
important in preserving the character of the town. The open shoreline,
by its very nature, also prevents development in areas that would
otherwise be prone to sea level rise and climate change. As a means of
preserving visual access to these features, Council supports the Open
Shoreline Zone to limit development in these areas.
Policy 4-85: Council shall, through the Land Use Bylaw, establish the
Open Shoreline Zone which is intended to protect and enhance the open
nature of Mahone Bay's waterfront. The Open Shoreline Zone shall
permit a limited number of uses that do not interfere with the general
scenic nature of the town -- including, but not limited to, parking lots and
parks. Development standards in the Open Shoreline Zone shall be
restrictive, including the permitted height of structures, to protect
existing views and to preserve the open character of the area.
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Arts and Cultural Uses
Artistic and cultural ventures have long played an important role in
Mahone Bay and continue to be cultivated today. There are many
opportunities for residents and visitors to participate and take in artistic
and cultural events and exhibits in town, including museums, galleries,
and festivals. Council supports the continuation of the artistic and
cultural sector in the town's economy by enabling teaching activities as
a home-based business and main uses dedicated to these facilities.
Policy 4-86: Council shall, through the Land Use Bylaw, permit the
teaching of students in activities such as dance and music, art gallery
sales, and craft workshops as home-based businesses.
Policy 4-87: Council shall, through the Land Use Bylaw, permit cultural
uses, such as, but not limited to, theatres and museums in a wide variety
of zones that prioritize commercial or public uses.
Cemeteries
There are two cemeteries within Mahone Bay: Park Cemetery and
Bayview Cemetery. Both of these cemeteries are managed by the Town.
With a limited supply of land available in the town and the challenges
associated with private cemeteries, Council is not supportive of the
deveopment of new cemeteries in Mahone Bay, nor does Council
support enabling existing cemeteries to expand in lot area beyond their
existing boundaries.
Policy 4-88: Council shall, through the Land Use Bylaw, prohibit the
establishment of new cemeteries in the Planning Area.
Policy 4-89: Council shall, through the Land Use Bylaw, prohibit existing
cemeteries from expanding beyond the lot boundaries as they existed
on 2024.01.31.
Town of Mahone Bay Municipal Planning Strategy
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Community Uses
The foundations of Mahone Bay have been built upon the people, volunteers, and
institutions that provide a range of services, amenities, and opportunities to the
community. These institutions often serve the broader public and contribute to a
common good in the community. They work to build social, economic, and cultural
ties and relationships.
Institutional Zone
In Mahone Bay, there is a diversity of institutions that are integral to the
social and cultural fabric of the town. Children and families have access
to Bayview School, a kindergarten to grade nine school within the town,
and the Mahone Bay Centre--a former school--provides a range of
services and spaces for the community to use. Within Mahone Bay also
exists a Fire Hall and ambulance depot for Emergency Health Services
(EMS) workers.
Three of the most significant institutions in the town are the "Three
Churches"--St. James Anglican Church, St. John's Evangelical Lutheran
Church, and Trinity United Church. While these churches, and others,
have played an important role in the history of the community, the role
of churches and other places of worship are changing across Nova
Scotia and Canada. By 2025, it is estimated that one third of the 27,000
places of worship across Canada will close as congregations age and
the number of people with religious affiliations decreases.31 Increasingly,
places of worship are being adapted to alternative uses such as
residential or commercial uses. To support the long-term preservation
of these institutions, among others in town, Council supports the
implementation of the Institutional Zone.
Policy 4-90: Council shall, through the Land Use Bylaw, establish the
Institutional Zone to permit a wide variety of institutional uses including,
but not limited to, government facilities, academic and health facilities,
day care centres, and cultural institutions.
Town of Mahone Bay Municipal Planning Strategy
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Adaptive Reuse of Institutional Buildings
Occassionally an institutional use, such as a school or medical facility,
will cease operation. This often leaves behind a building and property
that is functionally distinct from those for other land uses. Rather than
see such buildings decay or be torn down, Council would like to
encourage their adaptive reuse. However, given the often-unique
structures or properties associated with such uses, conversion is not
always straightforward. Therefore, Council will provide an opportunity
for such adaptive reuse through the development agreement process to
provide sufficient flexibility for such conversions.
Policy 4-91: Council shall consider proposals to repurpose vacant
institutional buildings for uses not otherwise permitted in the zone, by
development agreement. In considering such proposals, Council shall be
satisfied:
(a) the proposal respects and enhances the history of the building;
(b) the use and any structural additions are appropriate to the
surrounding context and the zone in which they are located, either
by their nature or by the conditions placed upon them in the
development agreement;
(c) that any adjacent uses are not unduly impacted as a result of the
development agreement, by such things including, but not limited to,
traffic generation, noise, hours of operation, and parking
requirements;
(d) that the development adheres to the policies in Section 6.6 of this
Plan; and
(e) that any use substantially complies with all other policies of this
Plan.
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Healthy and Accessible Communities
Accessibility
As Mahone Bay plans for its future, it must also consider how the town
can become more accessible for all. Nova Scotia has the highest
percentage, among Canadian provinces, of adults that identify having at
least one disability. Nova Scotia is also among the provinces with the
highest percentage of adults over the age of 65. 32 Recognizing this, in
2017, the Province of Nova Scotia passed the Accessibility Act which,
"recognizes accessibility as a human right, and sets a goal to make
Nova Scotia an accessible province by 2030."33
As part of the Accessibility Act, municipalities are required to establish
an Accessibility Advisory Committee and to develop an Accessibility
Plan. Mahone Bay, in partnership with the Town of Bridgewater, the
Town of Lunenburg, the Municipality of the District of Lunenburg, and
the Municipality of the District of Chester established a joint committee
to develop a County-wide Accessibility Plan, but Council supports
additional efforts that enable a more accessible Mahone Bay, including
those within the built environment.
Policy 4-92: Council shall continue to work with the Town of
Bridgewater, the Town of Lunenburg, the Municipality of the District of
Lunenburg, and the Municipality of the District of Chester as part of a
joint effort to develop an Accessibility Plan for the municipalities within
Lunenburg County.
Policy 4-93: Council may amend the Building Bylaw to require at least
one dwelling unit be completely ground-floor accessible where a certain
number of dwelling units are proposed as part of a development in
Mahone Bay.
Policy 4-94: Council may, through the Land Use Bylaw, permit barrier-
free access structures to encroach into any required horizontal setback,
to the lot line, to promote and enable structures becoming more
accessible.
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Urban Agriculture and Community Gardens
Access to safe and nutritious food that is grown in a sustainable manner
can be challenging, especially in the urban environment. Urban
agriculture represents an opportunity to improve the community's
access to healthy, local, food while also contributing to the social and
mental health of community members. Urban agriculture can include a
range of activities such as the keeping of bees, hens, and rabbits, and
can also include the sale of agricultural products. Council is supportive
of enabling urban agricultural practices in Mahone Bay.
Policy 4-95: Council shall, through the Land Use Bylaw, enable urban
agricultural uses, which may include the keeping of bees, hens, and
rabbits, in all zones except the Open Shoreline (OS) Zone and
Conservation (C) Zone.
Policy 4-96: Council shall, through the Land Use Bylaw, establish
appropriate provisions for urban agricultural uses to limit their impact on
neighbouring uses and to protect the health and well-being of any bees,
hens, or rabbits kept as an urban agricultural use.
Town of Mahone Bay Municipal Planning Strategy
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Alcohol, Tobacco, and Cannabis Sales
According to the Government of Nova Scotia, there is general
consensus that supply reduction is "among the most effective forms of
prevention"34 for use of legally available products such as alcohol and
tobacco. However, prevention, which refers to "to preventing and
reducing immediate and long-term harms related to substance use",35
may "also be achieved by increasing access to the broad determinants
of health across a population, and promoting child and youth
development."36 Such determinants of health may also include access
to safe, affordable, and adequate housing.
To some extent, municipalities in Nova Scotia can control and limit
where the sale of legally available products can be located through the
policies and regulations of the municipal planning strategy and land use
bylaw. However, in Nova Scotia, the retail sale of alcohol, tobacco, and
cannabis, are all controlled under legislation controlling their production,
sale, and use. Additionally, in the case of alcohol and cannabis, the
Province has the sole authority to retail such products (with minor
exceptions), and as a higher order of government, the Province is not
compelled to adhere to municipal land use regulations. Despite this,
Council will seek to work the Province when determining the location for
any alcohol or cannabis sale outlets that are operated by the Province in
Mahone Bay.
Where Council does have the authority to control the private sale of
alcohol--such as in bars and lounges--it supports policies and
regulations that give Council greater control of such uses. For this
Municipal Planning Strategy and associated Land Use Bylaw, Council is
supportive of policies that promote a higher level of oversight for
proposals for licensed liquor establishments.
Policy 4-97: Council shall work with the Province of Nova Scotia when
determining the location for proposed retail outlets for alcohol and
cannabis that are operated by the Province.
Policy 4-98: Council shall, through the Land Use Bylaw, permit licensed
liquor establishments with a gross floor area less than 111 square
metres by site plan approval in commercial zones.
Town of Mahone Bay Municipal Planning Strategy
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Policy 4-99: Council shall consider, by development agreement, in
commercial zones, licensed liquor establishments, outdoor areas
associated with licensed liquor establishments, and any expansion or
additions to licensed liquor establishments that results in a gross floor
area of 111 square metres or greater, in accordance with the policies in
Section 6.6 and the following criteria:
(a) the proposed use includes provisions for sound insulation, location
requirements for doors, windows, fire escapes, and other
architectural features that will reduce the emission of noise or
lessen the effect of any other nuisance on neighboring properties;
(b) the proposed use shall not have a negative effect on nearby
residential uses due to the hours of operation, the location of
premises, or the design of the premises; and
(c) the proposed use is not located on a lot that is adjacent to a
residential dwelling or an institutional use.
Adult Entertainment Uses
With Mahone Bay's small footprint, residential character, and significant
places of worship, Council is not supportive of the development of adult
entertainment uses in the town due to the potential for land use
conflicts. Adult entertainment uses include services or entertainment
intended to appeal to sexual appetites but does not include the retailing
of adult material, such as an adult bookstore.
Policy 4-100: Council shall, through the Land Use Bylaw, prohibit the
establishment of adult entertainment uses.
Town of Mahone Bay Municipal Planning Strategy
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Outdoor Wood-burning Furnaces and Water-stoves
Outdoor wood-burning furnaces and water-stoves are popular and cost-
effective appliances to heat homes and water. These wood-burning
appliances, which are located outside of a main structure, work by
circulating hot water, heated in the furnace or water-stove, throughout
the structure. Despite their cost-effectiveness and ability to be easily
retrofitted to an existing structure, the smoke they produce through the
burning of wood can create health concerns and land use conflicts for
surrounding uses and therefore Council supports prohibiting outdoor
wood-burning furnaces and water-stoves within the Town.
Policy 4-101: Council shall, through the Land Use Bylaw, prohibit outdoor
wood-burning furnaces and water-stoves.
Town of Mahone Bay Municipal Planning Strategy
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5.
Town Structure
Land Use Designations
Land use designations are one of the primary policy tools to guide how
development will occur in Mahone Bay over the life of this Municipal Planning
Strategy. Represented on the Future Land Use Map in Schedule 'A', the land use
designations broadly depict and describe the future land use of an area. For
example, areas within the Residential Land Use Designation of this Municipal
Planning Strategy are intended to be primarily residential in nature; however, the
designation can allow additional land use zones or uses that complement and are
compatible with the residential nature of the area. Council is supportive of the
establishment and application of multiple land use designations and land use
zones to accommodate a variety of land uses and developments.
Policy 5-1: Council shall, within this Municipal Planning Strategy and on Schedule
'A', the Future Land Use Map, establish the following land use designations:
(a)
Residential Designation,
(b)
Commercial Designation,
(c)
Industrial Designation,
(d)
Unserviced Designation, and
(e)
Parks and Conservation Designation.
Town of Mahone Bay Municipal Planning Strategy
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Residential Designation
Mahone Bay is known for the high quality of life for its residents, and outside of
Mahone Bay's commercial areas there are significant serviced areas dedicated to
residential uses. These areas are intended to meet the long-term housing needs of
current and future Mahone Bay residents. These residential areas have developed
throughout the town's history, developing beyond Main Street into more peripheral
areas of the town. As such, the form and style of housing in the town differs from
location to location.
Although there exists developable land outside of these serviced residential areas,
its development depends on the future allocation of municipal services. Because of
this, residential areas that are currently serviced need to be carefully planned to
make the best use of available land and services and to further enable the town to
meet future housing needs.
Policy 5-2: Council shall, on Schedule 'A', the Future Land Use Map, designate
residential lands in serviced and unserviced areas intended to give priority to
residential development. These areas shall also accommodate uses that
complement residential uses including, but not limited to, parks, trails, public
educational uses, places of worship, among others.
Policy 5-3: Council shall, through the Land Use Bylaw, permit the following zones
within the Residential Designation:
(a)
Residential Core Zone
(b)
Residential General Zone
(c)
Residential Multi-unit Zone
(d)
Parks and Open Space Zone
(e)
Institutional Zone
(f)
Conservation Zone
Town of Mahone Bay Municipal Planning Strategy
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Residential Core Zone
Along Main Street and the directly adjacent areas, residential land uses
conform to the traditional form and architecture that is found in Mahone
Bay. Residential land uses are typically in the form of single-unit
dwellings, located on small lots, with a mix of small and large front yard
setbacks. With some of the oldest residences in Mahone Bay, these
areas are home to established neighbourhoods with few opportunities
for infill development. Where infill development potential does exist, it
depends on the future extension of services, such as roads, and the
subdivision of existing properties. To support these established
neighbourhoods, this Municipal Planning Strategy establishes the
Residential Core Zone. The permitted uses in this zone, and the
associated zone development standards, shall seek to support
development that helps to maintain the built form of the area while also
enabling new housing forms in these residential areas.
Policy 5-4: Council shall, through the Land Use Bylaw, establish the
Residential Core Zone intended to accommodate lower-density
residential development that is generally in keeping with the existing
residential development pattern throughout the zone.
Policy 5-5: Council shall, through the Land Use Bylaw, permit limited
residential uses in the Residential Core Zone including single- and two-
unit dwellings, triplexes, small multi-unit dwellings, mini homes, mobile
homes, and small options homes. This zone shall also permit uses that
complement lower-density residential uses, including, but not limited to
places of worship and academic schools.
Policy 5-6: Council shall, through the Land Use Bylaw, permit the
following uses by site plan approval in the Residential Core Zone:
(a) Grouped dwellings with three (3) or four (4) units.
Town of Mahone Bay Municipal Planning Strategy
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Residential General Zone
Outside of the core residential areas, there is a greater diversity of
residential dwellings, both in style and type, and lots are generally larger.
These areas feature a diversity of post-war housing and have been the
location of infill development for smaller multi-unit developments.
Recent subdivision development has also occurred outside of the core
residential areas, in Hawthorn Hill. Because of the distinctly different
development pattern and style in these areas, Council is supportive of
the establishment of the Residential General Zone.
The intent of the Residential General Zone is to support the established
neighbourhoods that exist in these areas, all the while supporting low-
and medium-density residential development that fits into the context of
the area.
Policy 5-7: Council shall, through the Land Use Bylaw, establish the
Residential General Zone intended to accommodate a mix of low- and
medium-density residential development outside of the core residential
areas of Mahone Bay.
Policy 5-8: Council shall, through the Land Use Bylaw, permit a mix of
low- and medium-density residential uses including, but not limited to,
single- and two-unit dwellings, mini homes, mobile homes, triplex
dwellings, grouped dwellings limited to two (2) dwellings, and multi-unit
dwellings limited to eight (8) units.
Policy 5-9: Council shall, through the Land Use Bylaw, permit the
following uses by site plan approval in the Residential Core Zone:
(a) Grouped dwellings with three (3) to eight (8) units.
Town of Mahone Bay Municipal Planning Strategy
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Residential Multi-unit Zone
In addition to lower-density developments, there are several multi-unit
residential developments in Mahone Bay. Multi-unit residential
developments, whether they are apartments or condominiums, offer an
alternative form of housing to current and prospective residents of
Mahone Bay. This style of development, when planned accordingly, uses
municipal services more efficiently than residential development that is
spread over a larger area.
Under the preceding land use planning documents in Mahone Bay, most
proposed developments with more than two dwelling units on a lot were
required to proceed by development agreement, creating obstacles for
the potential development of this style of housing. To support multi-unit
residential development in Mahone Bay, Council supports the
establishment of the Residential Multi-unit Zone. This zone will initially
be applied to existing multi-unit residential development in Mahone Bay
including nursing homes.
Policy 5-10: Council shall, through the Land Use Bylaw, establish the
Residential Multi-unit Zone intended to accommodate multiple-unit
residential developments in serviced and unserviced areas.
Policy 5-11: Council shall, through the Land Use Bylaw, limit the
permitted residential uses in the Residential Multi-unit Zone to medium-
and high-density dwellings including triplex dwellings, grouped dwellings
with three (3) to eight (8) units, and multi-unit dwellings with eight (8) or
fewer units.
Policy 5-12: Council shall, through the Land Use Bylaw, permit the
following uses by site plan approval in the Residential Multi-unit Zone:
(a) Multi-unit dwellings with more than eight (8) units;
(b) Grouped dwellings with nine (9) to 12 units; and
(c) Residential care facilities.
Policy 5-13: Council shall consider, by development agreement,
proposals for the following in the Residential Multi-unit Zone, subject to
the policies in Section 6.6:
(a) Nursing homes.
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Rezoning
Policy 5-14: Council shall consider proposals to rezone lands in the
Residential Designation to any other zone permitted in that designation,
as identified by Policy 5-3. Council shall not approve such a rezoning
unless Council is satisfied:
(a) the proposed change is not prohibited by any other policy of this
Plan;
(b) the purpose of the proposed zone, as described in the respective
policy creating that zone, is consistent with the location and
characteristic of the land and with the proposed use of the lands;
and
(c) the proposal meets the general criteria for amending the Land Use
Bylaw, set out in Policy 6-26.
Town of Mahone Bay Municipal Planning Strategy
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Commercial Designation
Commercial activity in Mahone Bay is primarily conducted along Main Street and
Edgewater Street; however, smaller commercial sites away from these core areas
are also present. These areas, especially those along Main Street and Edgewater
Street, are frequently visited by residents and visitors to the town. Uses range from
dine-in restaurants, small-craft shops, to professional services. It is Council's
intention to continue to encourage commercial uses within the commercial core, all
the while recognizing and supporting commercial development outside of the core.
There are also areas in Mahone Bay which could gradually transition from their
primarily residential land uses to commercial uses. To support this potential
transition, the commercial land use designation has also been applied to some
areas along Main Street that are predominantly residential in nature but could see
their use change over the life of this planning document.
Policy 5-15: Council shall, on Schedule 'A', the Future Land Use Map, designate
commercial lands in serviced and unserviced areas intended to give priority to a
wide range of commercial uses.
Policy 5-16: Council shall, through the Land Use Bylaw, permit the following zones
within the Commercial Designation:
(a) Commercial Core Zone
(b) Commercial General Zone
(c) Conservation Zone
(d) Parks and Open Space Zone
(e) Open Shoreline Zone
Policy 5-17: Council shall, through the Land Use Bylaw, consider legally existing
residential uses in the Commercial Core Zone and the Commercial General Zone as
fully conforming land uses, which shall be permitted to expand.
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Commercial Core Zone
The commercial 'downtown' core of Mahone Bay is well-defined,
extending along the central areas of Main Street and Edgewater Street,
and exhibits the characteristics of a traditional 'Main Street'. This area
not only serves the residents of Mahone Bay, but it is the location of
many of the shops and restaurants that visitors enjoy when they come
to the town. As one of Mahone Bay's most significant characteristics,
the Commercial Core Zone seeks to reinforce the traditional aspects of
the downtown core of Mahone Bay through the Land Use Bylaw by
permitting a range of commercial uses, which support the existing
small-scale commercial businesses.
Additional provisions within the Land Use Bylaw have also been included
to support the commercial downtown in Mahone Bay. Fifty percent of
street level frontage and street level floor area in the Commercial Core
Zone is required to be dedicated to a commercial use that is permitted
in the zone. This provision has been carried over, and expanded, from
the previous Land Use Bylaw which had similar requirements for
properties on the seaward side of Main Street from approximately
Fauxburg Road to Clairmont Street.
Policy 5-18: Council shall, through the Land Use Bylaw, establish the
Commercial Core Zone intended to accommodate a range of
commercial uses that reinforce traditional 'Main Street' characteristics.
Policy 5-19: Council shall, through the Land Use Bylaw, permit a range
of commercial uses within the Commercial Core Zone including, but not
limited to, banks and financial institutions, dine-in restaurants, personal
service shops, and retail developments up to 300 square metres in floor
area. Automobile-oriented uses including, but not limited to, drive-
throughs, automobile sales, automobile body shops, and automobile
repair shops shall not be permitted.
Policy 5-20: Council shall, through the Land Use Bylaw, permit single-
and two-unit dwellings, and triplex dwellings in the Commercial Core
Zone, within commercial buildings, intended to support mixed used
development in the downtown core.
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Policy 5-21: Council shall, through the Land Use Bylaw, permit the
following uses by site plan approval in the Commercial Core Zone:
(a) marine recreation providers;
(b) commercial schools;
(c) multi-unit dwellings in commercial buildings and in the rear yard;
and
(d) grouped dwellings in the rear yard.
Policy 5-22: Council shall consider, by development agreement,
proposals for the following uses in the Commercial Core Zone, and
subject to the policies in Section 6.6:
(a) nursing homes;
(b) boat and marine sales;
(c) marinas;
(d) stand-alone multi-unit dwellings; and
(e) extended care facilities.
Policy 5-23: Council shall, through the Land Use Bylaw, require a
minimum of 50 percent of street level frontage and street level floor area
in the Commercial Core Zone to be dedicated to a commercial use
permitted in the zone to reinforce and support the evolution and
expansion of the commercial downtown in Mahone Bay.
Policy 5-24: Council may only consider rezoning from the Commercial
Core (CC) Zone to the Commercial General (CG) Zone where the
Commercial Core (CC) Zone abuts the Commercial General (CG) Zone.
Town of Mahone Bay Municipal Planning Strategy
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Commercial General Zone
Outside of the core commercial areas exists a scattering of commercial
uses and businesses that provide a range of services to Mahone Bay
residents and visitors. These businesses are sometimes located in
residential buildings that have been converted and adapted to support a
commercial use. Additionally, there are a number of sites occupied by
uses that could be classified as 'large-format' commercial uses. These
uses are typically located on larger lots with structures that are generally
much larger than those commercial uses found elsewhere in town.
These structures may also be associated with uses, such as drive-
throughs, that are generally not appropriate for the core commercial
areas of Mahone Bay. Despite their size and land requirements, these
uses provide important services to the residents of Mahone Bay, such
as the grocery store.
The Commercial General Zone is intended to accommodate and enable
a wide range of commercial uses, including larger commercial uses and
commercial uses associated with residential buildings. Larger or more
intensive uses may also be subject to additional requirements through
the site plan approval and development agreement processes.
Policy 5-25: Council shall, through the Land Use Bylaw, establish the
Commercial General Zone intended to accommodate a range of
commercial uses outside of the commercial core and/or to support
uses that may require larger lots for their structures, uses, outdoor
storage, or a combination thereof. Lot standards shall be flexible to
enable a range of uses.
Policy 5-26: Council shall, through the Land Use Bylaw, permit a range
of commercial uses within the Commercial General Zone including, but
not limited to, animal care, automobile repair and sales, automobile
service stations, commercial recreation uses, commercial electric
vehicle charging, funeral homes, and taxi and bus stations.
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Policy 5-27: Council shall, through the Land Use Bylaw, permit the
following uses by site plan approval in the Commercial General Zone:
(a) garden centres;
(b) marine recreation providers;
(c) drive-through restaurants
(d) drive -through financial institutions;
(e) retail lumber and home improvement yard;
(f) multi-unit dwellings in commercial buildings and in the rear yard;
and
(g) grouped dwellings in the rear yard.
Policy 5-28: Council shall consider, by development agreement,
proposals for the following in the Commercial General Zone, and subject
to the policies in Section 6.6:
(a) animal shelters;
(b) automobile body shops;
(c) stand-alone multi-unit dwellings;
(d) retail developments with a gross floor area greater than 300
square metres; and
(e) funeral homes that include crematoriums.
Rezoning
Policy 5-29: Council shall consider proposals to rezone lands in the
Commercial Designation to any other zone permitted in that designation,
as identified by Policy 5-16. Council shall not approve such a rezoning
unless Council is satisfied:
(a) the proposed change is not prohibited by any other policy of this
Plan;
(b) the purpose of the proposed zone, as described in the respective
policy creating that zone, is consistent with the location and
characteristic of the land and with the proposed use of the lands;
(c) and the proposal meets the general criteria for amending the Land
Use Bylaw, set out in Policy 6-26.
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Industrial Designation
Mahone Bay has a significant industrial history. The town was founded and grew
on an economy based on woodworking and shipbuilding. However, over time, as
these industries declined so did the significance of industrial activities in Mahone
Bay. Today, industrial development is limited to a select number of sites within the
town's boundary, including one manufacturing plant along Main Street. Council
intends to continue to encourage manufacturing operations within the town's
boundary, while also applying the Industrial Designation to areas with uses that
have the potential to create land use conflicts for surrounding areas, such as the
Town's wastewater treatment facility.
Policy 5-30: Council shall, on Schedule 'A', the Future Land Use Map, designate
industrial lands in serviced and unserviced areas intended to accommodate
existing industrial uses and give priority to future industrial development.
Policy 5-31: Council shall, through the Land Use Bylaw, permit the following zones
within the Industrial Designation:
(a)
Industrial General Zone
(b)
Parks and Open Space Zone
(c)
Conservation Zone
(d)
Open Shoreline Zone
Policy 5-32: Council shall not permit heavy industrial uses within the town due to
their potential to create significant impacts on neighboring properties and the
natural environment. Heavy industrial uses may include, but are not limited, to
salvage yards.
Industrial General Zone
Policy 5-33: Council shall, through the Land Use Bylaw, establish the
Industrial General Zone, intended to permit a range of industrial uses,
excluding heavy industrial uses, which shall be prohibited.
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Policy 5-34: Council shall, through the Land Use Bylaw, permit a range
of industrial uses in the Industrial General Zone including, but not limited
to, manufacturing, fishery related industries, service and repair shops,
Town-owned utilities and services, and large-format solar gardens.
Community uses including outdoor commercial recreation, emergency
services, government building and uses, recreation centres and
recreation uses shall also be permitted in the Industrial General Zone.
Zone standards shall be flexible to accommodate a range of industrial
uses.
Policy 5-35: Council shall, through the Land Use Bylaw, permit the
following uses by site plan approval in the Industrial General Zone:
(a) micro-brewery uses, and
(b) micro-distillery uses.
Policy 5-36: Council shall, on PID 60419538, only consider by
development agreement proposals for commercial or industrial uses
otherwise permitted in the Industrial General Zone, subject to the
policies of Section 6.6.
Rezoning
Policy 5-37: Council shall consider proposals to rezone lands in the
Industrial Designation to any other zone permitted in that designation,
as identified by Policy 5-31. Council shall not approve such a rezoning
unless Council is satisfied:
(a) the proposed change is not prohibited by any other policy of this
Plan;
(b) the purpose of the proposed zone, as described in the respective
policy creating that zone, is consistent with the location and
characteristic of the land and with the proposed use of the lands;
and
(c) the proposal meets the general criteria for amending the Land Use
Bylaw, set out in Policy 6-26.
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Unserviced Designation
Outside of the serviced residential and commercial areas of Mahone Bay, there are
areas that are more rural in character. Some rural areas include residential uses on
large lots, while others host uses that include agricultural uses, forestry uses, pits
and quarries, and large land holdings with no active uses. Some of these lands are
classified in the Canada Land Inventory as part of a complex Class 3 ("moderately
severe limitations") and Class 7 ("no capacity for arable culture or permanent
pasture"), and, therefore, hold limited potential for agricultural development.
As identified in previous iterations of the Town's Municipal Planning Strategy, these
lands cannot be preserved as agricultural lands in the long term as they are
required for future residential growth as municipal servicing becomes available.
The intended use of these lands is to accommodate this future residential growth
while offering opportunities for limited small-scale crop-based agriculture and
forestry uses.
Policy 5-38: Council shall, on Schedule 'A', the Future Land Use Map, designate
unserviced lands in the unserviced areas of town that are intended to
accommodate future residential growth as municipal services become available.
Policy 5-39: Council shall, through the Land Use Bylaw, permit the following zones
within the Unserviced Designation:
(a)
Residential Unserviced Zone
(b)
Parks and Open Space Zone
(c)
Conservation Zone
(d)
Residential General Zone
(e)
Residential Multi-unit Zone
(f)
Institutional Zone
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Residential Unserviced Zone
The intent for these lands, as expressed by Council and in previous
iterations of the Municipal Planning Strategy, is to be preserved for
future residential development and growth of the town. However, for
residential development to occur at a scale greater than what is
currently existing, municipal services must first be expanded into these
areas. Council is, therefore, supportive of also enabling small-scale
resource based industries in the Unserviced Residential Zone, such as
forestry uses, as interim land uses.
Policy 5-40: Council shall, through the Land Use Bylaw, establish the
Residential Unserviced Zone, intended to permit a limited number of
residential development types in the unserviced areas of Mahone Bay.
Policy 5-41: Council shall, through the Land Use Bylaw, permit single-
and two-unit dwellings, mobile homes, mini-homes, among other low-
density residential uses. This zone shall also accommodate forestry
uses, which are limited in size, in this Zone.
Policy 5-42: Council shall consider, by development agreement,
proposals for the following in the Unserviced Residential Zone, and
subject to the policies in Section 6.6:
(a) commercial solar collector systems.
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Rezoning
Policy 5-43: Council shall consider proposals to rezone lands in the
Unserviced Designation to any other zone permitted in that designation,
as identified by Policy 5-39. Council shall not approve such a rezoning
unless Council is satisfied:
(a) When being rezoned to another residential land use zone, the area
is shown on an approved tentative plan of subdivision that is
serviced by the municipal water and sewer systems and is
intended to be subdivided for residential development;
(b) the proposed change is not prohibited by any other policy of this
Plan;
(c) the purpose of the proposed zone, as described in the respective
policy creating that zone, is consistent with the location and
characteristic of the land and with the proposed use of the lands;
and
(d) the proposal meets the general criteria for amending the Land Use
Bylaw, set out in Policy 6-26.
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Parks and Conservation Designation
While there are large tracts of developed land in Mahone Bay, there are areas that
remain untouched and undisturbed. Many of areas should not only be protected
because they are ecologically sensitive and significant, but development in these
areas could pose a threat to humans and their property. In addition to these
ecologically sensitive and significant ecosystems, there are outdoor parks, trails,
and coastal areas that play an important role in the day to day lives of Mahone Bay
residents. These areas include the multiple trails systems, such as the Dynamite
Trail and Bay to Bay Trail, and the Jubilee Woods. Preventing and limiting
development in these areas and ensuring they remain part of the community over
the life of this Plan is a priority of Council.
Policy 5-44: Council shall, on Schedule 'A', the Future Land Use Map, designate as
parks and conservation lands intended to preserve the natural and cultural
landscape of Mahone Bay.
Policy 5-45: Council shall, on the zoning map of the Land Use Bylaw, permit the
following zones within the Parks and Conservation Designation:
(a)
Conservation Zone
(b)
Open Shoreline Zone
(c)
Parks and Open Space Zone
Conservation Zone
Policy 5-46: Council shall, through the Land Use Bylaw, establish the
Conservation Zone which is intended to safeguard the ecological
integrity of land and to limit human development from occurring in these
areas.
Policy 5-47: Council may amend the zoning maps of the Land Use
Bylaw to adjust the boundaries of the Conservation Zone to increase the
total amount of land protected under this land use zone.
Rezoning
Policy 5-48: Council shall not rezone lands within the Parks and
Conservation Designation without an amendment to this Plan except for
boundary adjustments enabled by Policy 5-47, which shall not require an
amendment to this Plan.
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84
6.
Implementation and Administration
Administration
This Municipal Planning Strategy is a policy document that sets out the vision,
goals, and policies for development and land use in the Town of Mahone Bay. This
Plan and its associated Land Use Bylaw are enabled and consistent with the
Municipal Government Act, as amended.
Document Administration
This Municipal Planning Strategy and the Land Use Bylaw are structured
and reinforce ease of reference and to track changes in content of the
documents over time. The referencing system employed for both the
Municipal Planning Strategy and Land Use Bylaw are as follows:
1 - Chapter
1.1 - Section
1.1.1 - Subsection
1.1.1 (a) - Clause
1.1.1 (a) (i) - Subclause
When amending this Municipal Planning Strategy or the text of the Land
Use Bylaw, the Town will use the following practices:
» The date of Council adoption, the effective date of the amendment,
the general nature of the change, and the reference file or project
will be noted in the changelog at the end of the Municipal Planning
Strategy and Land Use Bylaw.
» Each record in the changelog will be given a reference number
prefaced with the letters, "CHG".
» Deleted text will be replaced with the text, "DELETED" and the
reference number for the appropriate record in the changelog.
Subsequent text will not be renumbered.
» Additions or substitutions will be bolded with the reference number
for the appropriate record in the changelog following in brackets.
» If additions would normally require the renumbering of following
text, the "highway interchange" system will be used. A capital letter
will be added to the numbering to differentiate the new text from
the previous numbering. For example, Subsection 1.1.2A would be
used between Subsections 1.1.2 and 1.1.3.'
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85
Policy Statements
This Municipal Planning Strategy contains policy statements of Council
regarding the growth and development of Mahone Bay. Policy
statements are denoted by the text, "Policy #-#". All content of this Plan
not contained within a policy are considered preamble and may be used
to help interpret the intent of Policy statements if the statements are
found to be ambiguous or unclear.
Policy 6-1: Policy statements of Council shall be denoted in this Plan
with the text "Policy #-#", with the number signs (hash) replaced by the
appropriate policy number.
Policy 6-2: Written content of this Municipal Planning Strategy not
contained within a Policy statement of Council shall be considered
preamble. Preamble may be considered to interpret the intent of Policy
statements of Council, but do not form a part of the Policy statement.
Effective Date
Policy 6-3: This Municipal Planning Strategy and implementing Land
Use Bylaw shall come into effect on the date that a notice is published in
a newspaper, circulating in the town, informing the public that the
planning documents are in effect.
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86
Regional Cooperation
Consultation with Adjacent Municipalities
Since Mahone Bay is surrounded by the Municipality of the District of
Lunenburg, land use planning decisions that are made within Mahone
Bay can impact areas outside of the town's municipal boundary. Council
supports efforts to ensure a strong cooperative relationship between the
Town of Mahone Bay and the Municipality of the District of Lunenburg
when considering amendments to this Municipal Planning Strategy and
when adopting new Municipal Planning Strategies in the future.
Policy 6-4: Council shall, when adopting or amending a municipal
planning strategy as required in the Municipal Government Act, consult
and engage with the Municipality of the District of Lunenburg when:
(a) adopting a new Municipal Planning Strategy to replace this one;
and
(b) considering amendments to this Municipal Planning Strategy that
would affect lands that share a common boundary with the
Municipality of the District of Lunenburg.
Policy 6-5: Consultation undertaken through Policy 6-4 shall:
(a) invite comment on matters of municipal interest;
(b) invite comment in relation to Statements of Provincial Interest;
(c) be considered by Council or the Planning Advisory Committee as its
designate as part of the body of feedback received on the proposed
amendment or new Municipal Planning Strategy; and
(d) be completed prior to Council publishing its first notice for a Public
Hearing on the proposed amendment or new Municipal Planning
Strategy.
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Land Use Bylaw and Subdivision Bylaw
Adoption
The vision, goals, and land use policies of this Municipal Planning
Strategy are implemented through the Land Use Bylaw. The Land Use
Bylaw includes the legal requirements and regulations regarding land
use decision-making in Mahone Bay.
Another significant document that guides land use in the town is the
Subdivision Bylaw. This Bylaw contains the legal requirements with
respect to subdividing land, the development of new public roads, and
dedication of public open space. The Subdivision Bylaw, like the
Municipal Planning Strategy and Land Use Bylaw, is guided by the
Municipal Government Act. Within the Act, there are regulations that
represent a minimum standard for municipalities with respect to
subdivision regulations.
As legal documents, both the Land Use Bylaw and Subdivision Bylaw
require a person or persons to administer the contents of the document.
At the municipal level, this responsibility is given to the Development
Officer. The Development Officer, as the person(s) responsible for
administering the documents, also has the responsibility to issue,
refuse, amend and revoke permits under the terms of these Bylaws.
Policy 6-6: Council shall adopt a Land Use Bylaw and a Subdivision
Bylaw consistent with the intent of this Municipal Planning Strategy.
Policy 6-7: Council shall appoint one or more Development Officers to
administer the Land Use Bylaw and the Subdivision Bylaw and to issue,
refuse, amend, and revoke permits under the terms of these Bylaws.
Policy 6-8: Council shall, through the Land Use Bylaw, require a
development permit for all development within the town, except for
development where it is stated in the Land Use Bylaw that a
development permit is not required.
Policy 6-9: Council shall, through the Land Use Bylaw, permit temporary
development permits for specific uses identified in the Land Use Bylaw
for an established time period.
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88
Policy 6-10: The Subdivision Bylaw shall:
(a) apply to the whole of the Town of Mahone Bay;
(b) ensure that any subdivision, with the exception of lots created
using the variance provision of Part 9 of the Municipal Government
Act, conforms with the lot requirements contained in the Land Use
Bylaw;
(c) establish locations and standards for the development of roads,
central services, and other publicly owned infrastructure;
(d) contain provisions intended to ensure that lots are suitable for
onsite sewage disposal where there is no central sewer system;
(e) contain provisions for dedicating land or an equivalent value for
park, playground, and similar public purposes;
(f) ensure the applicable requirements of the Provincial Subdivision
Regulations are in effect; and
(g) contain any other provisions needed to fulfill the intent of this Plan.
Variances
Under the Municipal Government Act, Development Officers can grant
'variances' from the requirements of the Land Use Bylaw. A variance can
be thought of as a relaxation of one or more requirements of the Land
Use Bylaw to accommodate development. However, Development
Officers are limited in the scope, according to the Act, in which they are
able to grant variances, and the Act also defines circumstances for
which a variance may not be granted. According to the Act, a variance
may not be granted where the:
(a) variance violates the intent of the development agreement or Land
Use Bylaw;
(b) difficulty experienced is general to properties in the area; or
(c) difficulty experienced results from an intentional disregard for the
requirements of the development agreement or Land Use Bylaw.
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89
Policy 6-11: Council shall, in accordance with the Municipal Government
Act, permit the Development Officer to grant variances for:
(a) the percentage of land that may be built upon;
(b) the size or other requirements relating to setbacks;
(c) lot frontage;
(d) lot area;
(e) location and number of parking spaces and loading spaces
required;
(f) ground area of a structure;
(g) height of a structure;
(h) floor area occupied by a home-based business; and/or
(i)
height and area of a sign.
Policy 6-12: Council shall, through the Land Use Bylaw, establish
thresholds for the maximum permitted variances from the requirements
of the Land Use Bylaw.
Amending the Land Use Bylaw
Although this document and the Land Use Bylaw are meant to be
comprehensive in nature, there may be instances where Council is
required to amend the Land Use Bylaw to enable a certain development
within the town or on a specific piece of property. Conversely, there may
be instances where mapping errors on the maps of the Land Use Bylaw
are made that may require edits. These errors, which are not reflected in
the policies of this Plan, will be corrected through Bylaw amendments.
Policy 6-13: Council shall amend the text of the Land Use Bylaw if the
proposed amendments meet the general criteria established in Policy 6-26.
Policy 6-14: Council shall consider amendments to the maps of the
Land Use Bylaw when the proposed zoning change is not specifically
prohibited within this Plan and at least one of the following two
conditions is true:
(a) the proposed zone is enabled by this Plan for use within the same
designation; or
(b) a non-conforming use appears to have been created by an
inadvertent administrative oversight in the Municipal Planning
Strategy and Land Use Bylaw preparation process, resulting in a
property being zoned inconsistent with stated policies in this Plan.
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90
Policy 6-15: Council shall not amend the map of the Land Use Bylaw
unless Council is satisfied that:
(a) the proposal meets any applicable zone placement criteria set out
in policies, elsewhere in this Plan, applicable to the proposed zone;
and
(b) the proposed zone and the uses it permits meet the general criteria
set out in Policy 6-26.
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91
Development Agreements
Context
Development agreements are written legal agreements between Town
Council and a property owner, allowing Council to have a finer-grained
level of control over a proposed development that would otherwise not
be permitted by the standards of the zone, and to implement specific
measures to mitigate potential impacts.
As development agreements are registered upon the title of the land, the
agreement does not cease if the land is sold or if the property owner
dies.
To ensure the community is aware of the possible applications of
development agreements, the Municipal Government Act requires the
types of development that may be considered by development
agreement to be identified in the Municipal Planning Strategy.
Adopting and Amending Development Agreements
Policy 6-16: Council shall consider entering into a development
agreement where such an agreement is enabled by the policies within
this Municipal Planning Strategy.
Policy 6-17: Where Council approves a development agreement, the
development agreement shall:
(a) specify the development, expansion, alteration, or change
permitted;
(b) specify the conditions under which the development may occur;
and
(c) set terms by which Council may amend or terminate and discharge
the agreement.
Policy 6-18: Council shall not approve or amend a development
agreement unless Council is satisfied the proposed agreement is
consistent with the enabling policy and the general criteria set out in
Policy 6-26.
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92
Policy 6-19: Council may specify conditions in the development
agreement to bring the proposal into alignment with the enabling policy
and general criteria set out in Policy 6-26. Such conditions may include,
but are not limited to:
(a) servicing;
(b) the type, location, and orientation of structures;
(c) the architectural design of structures, including, but not limited to,
bulk, scale, height, roof shape, building and cladding materials, and
the shape and size and placement of doors and windows;
(d) the provision of open space and amenities;
(e) the type, size, and location of signage;
(f) the type and orientation of exterior lighting;
(g) management of solid waste, compost, and recycling;
(h) pedestrian, bicycle, and vehicular circulation;
(i)
connections to existing or planned pedestrian, bicycle, and
vehicular networks;
(j)
the location and number of bicycle and vehicular parking and
loading spaces;
(k) access for emergency vehicles;
(l)
the location and type of landscaping, including fences and other
forms of screening;
(m) stormwater management;
(n) grading and erosion control;
(o) the emission of noise, odour, light, liquids, gases, and dust;
(p) the type of materials stored and/or sold on site;
(q) hours of operation;
(r) the phasing of development;
(s) financial bonding for the construction and maintenance of
components of the development, including, but not limited to,
roads and landscaping;
(t) mitigation measures for construction impacts;
(u) time limits for the initiation and/or completion of development; and
(v) all other matters enabled in Section 227 of the Municipal
Government Act.
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93
Legacy Development Agreements
Policy 6-20: Council may consider amendments to any development
agreement that was signed before the effective date of this Municipal
Planning Strategy and which is not enabled by a policy in this Plan, in
accordance with the Section 6.6 of this Plan.
Policy 6-21: Council may consider discharging any development
agreement when requested by the owner of the affected property or
when changes to the Land Use Bylaw make the development agreement
redundant.
Development Agreement Applications During Transition to This
Plan
Policy 6-22: Complete applications for development agreements on file
with the Town that were received on or before October 26, 2023, shall
continue to be considered under the policies in effect on October 25,
2023. Where any such application is withdrawn, significantly altered, or
refused by Council, any new development applications shall be subject
to all applicable requirements of this Plan and the Land Use By- law.
Applications that have not proceeded to public hearing within 36 months
of October 26, 2023 shall be subject to all applicable requirements of
this Plan and the Land Use By-Law.
Policy 6-23: Development agreements approved pursuant to Policy 6-
22 shall have a commencement date not exceeding 24 months, and
completion date not exceeding 48 months, from the date on which the
development agreement is filed with the Land Registry Office.
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94
Site Plan Approval
Site plan approval is a development process where an applicant must meet
additional standards established in the Land Use Bylaw. Uses permitted through
the site plan approval process are prescribed in this Municipal Planning Strategy
and the Land Use Bylaw. Additional standards may include those related to
landscaping, layout and design, and the provision of parking. In many instances, the
additional standards are qualitative in nature, giving the Development Officer the
ability to negotiate a proposal with a developer.
Once a Development Officer is satisfied the proposal meets all applicable
requirements, a site plan approval is established, and the Development Officer can
give permits for the proposal. Just like the case with development agreements, the
provisions of a site plan approval must be followed, as stipulated in the Municipal
Government Act.
Policy 6-24: Council shall, through the Land Use Bylaw, use site
plan approval as the tool for reviewing developments that require some additional
oversight or where there is a benefit to providing flexibility in the ways land use
controls are implemented.
Policy 6-25: Council shall, through the Land Use Bylaw, establish a
notification area of 30 horizontal metres for the approval of site plan approval
within the town.
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95
Criteria for Amending the Land Use Bylaw or Adopting a
Development Agreement
Amending the Land Use Bylaw and Adopting Development
Agreements
Amending the Land Use Bylaw and/or the adoption of a development
agreement can have significant impacts on a community and, therefore,
require consideration for potential short- and long-term impacts of a
proposal. As such, any proposed amendment to the Land Use Bylaw or
proposed development agreement must be carefully considered to
ensure they comply with this Plan and are appropriate.
Policy 6-26: Council shall not amend the Land Use Bylaw or approve a
development agreement unless Council is satisfied the proposal:
(a) is consistent with the intent of this Municipal Planning Strategy;
(b) does not conflict with any Town or Provincial programs, bylaws, or
regulations in effect in the municipality;
(c) has obtained all necessary permits required by Federal, Provincial,
and Municipal government agencies, or Council is satisfied the
required permits will be issued;
(d) is adequately landscaped with a combination of natural and
human-made landscaping features;
(e) if within the Architectural Control Overlay, has regard to the
established architectural character of pre-1919 buildings within
Mahone Bay in terms of height, bulk, scale, roof shape, relationship
of windows and doors, and architectural detail unless the proposal
is otherwise exempt from the provisions of the Architectural
Control Overlay; and
(f) is not premature or inappropriate due to:
i.
the ability of the Town to absorb costs related to the
proposal;
ii.
impacts on existing drinking water supplies, both private
and public;
iii.
the adequacy of central water and sewage services or,
where such services are not available, the suitability of
the site to accommodate on-site water and sewage
services;
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96
iv.
the creation of excessive traffic hazards or congestion
on road, cycling, and pedestrian networks within,
adjacent to, or leading to the proposal;
v.
the adequacy of fire protection services and equipment;
vi.
the adequacy and proximity of schools and other
community and recreation facilities;
vii.
the creation of a new, or worsening of a known,
pollution problem in the area, including, but not limited
to, soil erosion and siltation of watercourses;
viii.
site-specific climate change risks;
ix.
the potential to create flooding or serious drainage
issues, including within the proposal site and in nearby
areas;
x.
the potential to generate emissions such as noise, dust,
radiation, odours, liquids or light to the air, water, or
ground so as to create a recognized health or safety
hazard;
xi.
the suitability of the site in terms of grades, soil and
geological conditions, the location of watercourses and
wetlands, and proximity to utility rights-of-way;
xii.
proposed outdoor lighting and/or signage;
xiii.
the proposed surface of any vehicular traffic, outdoor
storage, or outdoor display area so as to create dust or
drainage issues;
xiv.
the height of any main building does not exceed 16.7
metres;
xv.
the proposed number and orientation of automobile
parking spaces, outdoor storage and outdoor display;
and
xvi.
negative impacts on existing residences and
neighbourhoods in the surrounding area..
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Policy 6-27: Council may, in addition to any other required information,
require any or all of the following information, prepared by an
appropriate qualified professional at the applicant's cost, and at a level
sufficiently detailed to determine whether the criteria for amending the
Land Use Bylaw or adopting a development agreement have been met:
(a) a detailed plot plan showing features such as, but not limited to:
i.
topography;
ii.
location and dimensions of existing and proposed
property and/or unit lines;
iii.
location of zoning boundaries;
iv.
use, location, and dimensions of existing and proposed
structures;
v.
existing and proposed watercourses and wetlands;
vi.
location of minimum coastal elevation;
vii.
location and dimensions of existing and proposed road,
bicycle, and pedestrian networks;
viii.
location and dimensions of driveways, parking lots, and
parking spaces;
ix.
type and amount of site clearing required, if any;
x.
location of buffers;
xi.
location and dimensions of existing and proposed parks
and recreation lands, whether public or private;
xii.
location of utilities;
xiii.
development densities;
(b) elevation drawings of existing and proposed structures including,
but not limited to, dimensions and exterior materials;
(c) a site grading plan;
(d) a landscaping plan, including for the protection, retention, and
replacement of trees;
(e) a drainage and stormwater management plan;
(f) a hydrological assessment to determine groundwater resource
volumes, availability, quality, and sustainability pre- and post-
development;
(g) a traffic impact assessment that evaluates the ability of existing
road, bicycle, and pedestrian networks to accommodate traffic
generated by the proposed development;
(h) a geotechnical study;
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98
(i)
environmental studies, including, but not limited to, studies
addressing climate change and environmental contamination;
(j)
a shadow study;
(k) an exterior lighting study;
(l)
a wind study;
(m) a vibration study; and
(n) a noise study.
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Notification to Amend the Land Use Bylaw or Adopt a Development
Agreement
Policy 6-28: Where Council has given notice of its intention to adopt an
amendment to the Land Use Bylaw, including its maps, which is not
general in scope but which is in direct response to a specific
development proposal, or has given notice of its intention either to enter
into a development agreement or to amend a development agreement,
Council shall serve notice of the proposed amendment or development
agreement upon assessed property owners whose property lies within
30 metres of the property which is the subject of the proposed
amendment or development agreement. A notification shall also be
posted on the property which is the subject of the proposed amendment
or development agreement.
Policy 6-29: Notification of an amendment to the Land Use Bylaw or
the adoption of a development agreement shall:
(a) include a synopsis of the proposed amendment or development
agreement and identify the property(s) subject to the proposed
amendment or development agreement; and
(b) state the date, time, and place set for the public hearing on the
amendment or development agreement.
Town of Mahone Bay Municipal Planning Strategy
100
Non-conforming Uses and Structure
The Municipal Government Act guarantees protections for non-conforming uses
and structures that were legally developed or initiated under previous land use
planning documents and which would not be permitted under new planning
regulations. In addition to protecting these uses, the Act enables municipalities to
relax certain requirements and provisions of for non-conforming uses such as the
period of time a non-conforming use is considered to be discontinued and where it
must adhere to the new planning regulations.
Policy 6-30: Council shall, through the Land Use Bylaw, extend the period before a
non-conforming use is considered discontinued, as provided by the Municipal
Government Act.
Policy 6-31: Council shall, through the Land Use Bylaw, regulate non-conforming
uses according to the provisions of the Municipal Government Act.
Policy 6-32: Council shall, through the Land Use Bylaw, establish controls for non-
conforming structures and shall also establish controls for the expansion of non-
conforming structures.
Town of Mahone Bay Municipal Planning Strategy
101
Monitoring, Reviewing, and Updating this Plan
Plan Updates
Policy 6-33: Council shall initiate a housekeeping review of this Plan
within two years of its adoption. The intent of this review is to identify
errors, omissions, or ways to streamline the Plan.
Policy 6-34: Council shall initiate an interim review of this Plan within
five years of its adoption. The intent of this review is to identify emerging
policy issues and gaps in the Plan and adopt new or modified Plan
policies to address these issues and gaps.
Policy 6-35: Council shall initiate a comprehensive review of this Plan
within 10 years of adopting this Plan. The intent of this review is to
conduct extensive public consultation, review the Vision and Goals of
the Plan, and update or replace components of the Plan as necessary to
support the new Vision and Goals.
Municipal Planning Strategy Amendments
While this Plan is comprehensive in nature, its contents are not set in
stone. Municipal Planning Strategies are living documents and
periodically must be amended to reflect changing values, issues, and
opportunities. Council will consider the following policies to guide
decisions about updating the Municipal Planning Strategy.
Policy 6-36: Council shall consider an amendment to this Municipal
Planning Strategy when:
(a) any policy intent is to be changed;
(b) an amendment to the Land Use Bylaw or Subdivision Bylaw would
conflict with any portion of the Municipal Planning Strategy; or
(c) when this Municipal Planning Strategy is inconsistent with any
Statements of Provincial Interests.
Town of Mahone Bay Municipal Planning Strategy
102
Public Participation Program for Municipal Planning Strategy
Amendments
Amendments to the Municipal Planning Strategy are typically substantial
undertakings and have the potential to attract public interest. An
appropriate engagement program specific to the scope of the proposal
is therefore required.
Policy 6-37: Council shall establish a public participation program
consistent with the Town's Public Engagement Policy and the Minimum
Planning Requirements Regulations for any amendment to, or
replacement of, this Municipal Planning Strategy.
Town of Mahone Bay Municipal Planning Strategy
103
7.
Schedules and Appendices
Schedule 'A'
Future Land Use Map
Appendix 'A'
Plan Mahone Bay Background Report
Appendix 'B'
Plan Mahone Bay What We Heard Report
Town of Mahone Bay Municipal Planning Strategy
104
8.
Summary of Amendments
Council Adoption
Date
Effective Date
Reference
Number
File or Project
General Nature of the Change
Town of Mahone Bay Municipal Planning Strategy
105
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