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An MPS may also provide that certain typesof development are enabled by adevelopment agreement negotiatedbetween a council and developer.Development proposals that do not conformwith zoning by-laws are prohibited, unlessthe use or structure is legally nonconformingor the developer is able toobtain a variation to the zoning by-laws forthe proposed development. This processtypically involves public notice to affectedcitizens and neighbours and the opportunityfor them to state their objections. Whengranting a variance, municipal councils canimpose reasonable terms and conditions.Municipalities are able to change theirmunicipal plans, but the process is lengthyand requires public input and ministerialapproval.It is important to determine the zoning ofproperty before commencing any type ofdevelopment to ensure that it is compatiblewith the municipal plans and by-laws in use,siting and form. At a minimum, appropriatepermits must be secured; more complexprojects may require public hearings andcouncil approval. Failure to seek and obtainmunicipal approval can result in stop workorders, as well as prosecution under theparticular municipal legislation or regulation.Decisions made by municipal councils aresubject to review (in certain specifiedcircumstances) by local appeal boards or byprovincial superior courts with the potentialfor further court appeals.In some provinces, there may be provincialareas which are not within municipalboundaries and are not subject to municipalregulation. However, such lands may still besubject to development restrictions. Forexample, the use of Crown lands is subjectto many limits; private development on FirstNations reserves also has uniqueconsiderations. As well, lands may besubject to various licensing restrictions,such as those contained in forestry andmineral licences.In Prince Edward Island, land holdings areregulated under the Lands Protection Act.Corporations and non-residents cannot holdmore than five acres of land or 165 feet ofshore frontage without first obtainingExecutive Council approval. The ExecutiveCouncil commonly approves acquisitions ofparcels over five acres or in excess of 165feet of shore frontage, but often imposesnon-development conditions on the parcelto limit future subdivision and commercialuse. The other Atlantic Provinces do nothave similar legislation.Development of condominium projectsattracts additional considerations, requiringnot only compliance with municipal plansand by-laws but also compliance withcondominium legislation and, in someprovinces, specific approval processesrelating to condominium development. InNova Scotia, the absence of air rightslegislation presents certain challenges,particularly when developing an in-fillcondominium. Specific legal advice fromlocal counsel should therefore be soughtregarding the development of any lands inthe Atlantic region.MUNICIPAL TAXATIONMunicipalities are generally required andauthorized by provincial legislation toimpose real property taxes. The rate oftaxation imposed on non-residentialMunicipal Law 142