A Development Agreement is a legally binding contract between the Municipality and a property owner. This agreement sets out certain conditions, design requirements and land use regulations so the property owner is eligible to apply for a Development Permit. A Development Agreement only applies in certain situations and typically deals with architectural design, permitted uses, landscaping and site design.
The Municipal Planning Strategy and Land Use By-law sets out certain types of land uses which must be considered during the Development Agreement process. Certain uses may have the potential to create land use conflicts; the Development Agreement process ensures that the interests and policies of Council are addressed when considering new proposals. You are encouraged to consult with the Town's Planner who can tell you if you are eligible to apply for a Development Agreement.
Zoning is an important part of the Town's planning process. A property's zoning dictates what types of uses are permitted and also regulates how a property may be developed. A property may be zoned commercial, industrial, residential, etc. which helps determine the functions of certain areas in Town.
A property owner may have the opportunity to rezone a property when he/she wishes to develop the property in a manner which is contrary to the existing zoning regulations. The rezoning process gives the Municipality the opportunity to review development proposals that are not permitted as-of-right under the Land Use By-law.
Municipal Planning Strategy and Land Use By-law
The Municipal Planning Strategy outlines the Town of Yarmouth's vision for the future and its policies for managing challenges, such as social and economic issues.
The Land Use By-law is the companion document to the Municipal Planning Strategy and establishes rules and regulations for the implementation of the policies. It establishes procedures for land development as well as the process for issuing Development Permits. It is made up of zones in order to separate residential, commercial and industrial land development and regulates specific land uses and buildings. Each zone has certain uses that are permitted outright, others are conditional upon approval and some are prohibited. Examples of land uses include a detached dwelling, a restaurant or manufacturing.
You can apply for a Land Use By-law amendment if you wish to change a specific regulation or land use. The Land Use By-law application is the same as the Rezoning Application shown above.
Some Land Use By-law amendments also require a change to the policies in the Municipal Planning Strategy and therefore require a separate application.
Development Agreement/ Re-zoning/ Municipal Planning Strategy and Land Use By-law Amendment Application Process
- pdf Development Agreement/Rezoning/Land Use By-law Amendment Process (129 KB)
- pdf (144 KB) pdf Municipal Planning Strategy and Land Use By-law Amendment Process (144 KB)
The application should provide the following information:
- The name of the property owner(s).
- Mailing address and telephone number of the applicant.
- Location of the property.
- Brief description of the pupose of the application outlining any related development proposal.
Please note that in addition to the above, Development Agreement applications must also include the following:
- A site plan, drawn to scale, showing the proposed development, indicating size and dimensions of any new buildings, landscaping, parking areas and the size of parking stalls, etc.
- A copy of the deed description of the subject property(s).
- Renderings, building plans or architectural elevation drawings of any proposed structure.
Site Plan Approval
Site-planning is a development control tool permitted under Section 231(4) fo the Municipal Government Act of Nova Scotia that enables a municipality, through its planning process, to negotiate certain site specific items with a developer as a condition of receiving a Development Permit.
- pdf Site Plan Application (937 KB)
- pdf Site Plan Approval Process (117 KB)
- pdf Site Plan Information and Check List (3.05 MB)
A variance is a process that may allow lesser requirements, relating to yards, than those stated in the Town's Land Use By-law or a Development Agreement. Mostly setbacks and separation distances. A variance may only be granted if it meets the intent of the Land Use By-law, is determined to be a unique situation in relation to other properties in the area and is not an intentional disregard for the requirements.
When the whole or any part of a building or structure is demolished, a permit is required prior to starting the demolition.