Town of Florenceville-Bristol — Zoning By-Law No. 13B (predecessor, still in force)
Carleton North, New Brunswick
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Town of Florenceville-Bristol Zoning By-law (By-law No. 13B)
By-law No. 13 Zoning By-law July 14, 2020
TOWN OF FLORENCEVILLE-BRISTOL
A BY-LAW RESPECTING ZONING
BY-LAW NO. 13B
ZONING BY-LAW
Be it enacted by the Council of the Town of Florenceville-Bristol under authority vested in it under
Division A of the Community Planning Act, Chapter 19, R.S.N.B. 2017 replaces the previous
Zoning By-law enacted October 11, 2010 and all amendments thereto by the following Zoning By-
law:
Table of Contents
PART I - GENERAL CLAUSES AND INTERPRETATION ......................................................................... 1
1.0
TITLE AND SCOPE .................................................................................................................... 1
1.1
Introduction ........................................................................................................................ 1
1.2
Definitions .......................................................................................................................... 2
2.0
ADMINISTRATIVE AND INTERPRETATIVE CLAUSES ................................................. 18
2.1
Zoning Classifications ...................................................................................................... 18
2.2
Interpretation .................................................................................................................... 19
2.2.1
Zone Boundaries ...................................................................................................................................19
2.2.2
Metric Measurements............................................................................................................................19
2.2.3
Uses Permitted ......................................................................................................................................19
2.2.4
Interpretation in this By-law .................................................................................................................20
2.2.5
The Use of Italics and Underlining .......................................................................................................20
2.2.6
Images Within this By-law ...................................................................................................................20
2.3
Powers of Council ............................................................................................................ 20
2.4
Special Powers of the Planning Advisory Committee ..................................................... 21
2.5
Amendments ..................................................................................................................... 22
3.0
GENERAL PROVISIONS ......................................................................................................... 24
3.1
Licenses, Permits and Compliance With Other By-Laws ................................................ 24
3.2
Sewage Disposal............................................................................................................... 24
3.3
Frontage on Street ............................................................................................................ 24
3.4
One Main Building on a Lot............................................................................................. 24
3.5
Existing Buildings ............................................................................................................ 24
3.6
Reduced Frontage on a Curve .......................................................................................... 25
3.7
Sight Triangle ................................................................................................................... 25
3.8
Distance From Watercourses and Wetlands ..................................................................... 25
3.9
Accessory Buildings or Structures Erected Prior to Main Building ................................ 25
3.10
Vehicle Bodies ................................................................................................................. 26
3.11
Height Exceptions ............................................................................................................ 26
3.12
Setbacks ............................................................................................................................ 26
3.13
Yards ................................................................................................................................ 26
3.14
Prohibition Regarding Yards and Other Open Space ....................................................... 26
3.15
Building and Structure Projections / Permitted Encroachments ...................................... 27
3.16
Satellite Dishes and Communication Towers .................................................................. 27
3.17
Outdoor Storage and Outdoor Display Courts ................................................................. 28
3.18
Lesser Horizontal Dimension ........................................................................................... 28
3.19
Finished Floor Above Grade ............................................................................................ 28
3.20
Keeping of Livestock ....................................................................................................... 29
3.21
Garbage Storage ............................................................................................................... 29
Town of Florenceville-Bristol Zoning By-law (By-law No. 13B)
By-law No. 13 Zoning By-law July 14, 2020
3.22
Lighting or Illumination Devices ..................................................................................... 29
3.23
Enclosures for Swimming Pools ...................................................................................... 29
3.24
Power Lines Over Swimming Pool .................................................................................. 31
3.25
Fences ............................................................................................................................... 31
3.26
Stripping of Topsoil.......................................................................................................... 32
3.27
Excavation ........................................................................................................................ 32
3.28
Queuing Spaces ................................................................................................................ 33
3.29
Parking Requirements ...................................................................................................... 34
3.30
Parking Lot and Driveway Requirements ........................................................................ 37
3.31
Loading Standards ............................................................................................................ 38
3.32
Utility Uses ....................................................................................................................... 38
3.33
Day Care Centres.............................................................................................................. 39
PART II - ZONES ........................................................................................................................................... 40
4.0
RESIDENTIAL ZONES ............................................................................................................. 40
4.1
General Provisions for all Residential Zones ................................................................... 40
4.1.1
Requirements for Conditional Uses ......................................................................................................40
4.1.2
Requirements for Rowhouse Dwellings................................................................................................40
4.1.3
Private Garages and Carports ................................................................................................................41
4.1.4
Uses Prohibited in Certain Yards ..........................................................................................................41
4.1.5
Landscaping ..........................................................................................................................................41
4.1.6
Residential Development Near a Lagoon or Treatment Plant ...............................................................42
4.1.7
Portable or Temporary Garages ............................................................................................................42
4.1.8
Accessory Uses, Buildings and Structures in a Residential Zone .........................................................42
4.1.9
Special Requirements for Residential Care Facilities, Group Homes and Long-Term Care Facilities .42
4.1.10
Home Day Cares ...................................................................................................................................43
4.1.11
Home Occupations ................................................................................................................................43
4.1.12
Standards for Boarding and Rooming Houses ......................................................................................44
4.1.13
Garden Suites ........................................................................................................................................45
4.1.14
In-law and Rental Suites .......................................................................................................................45
4.1.15
Special Requirements for Converted Dwellings ...................................................................................46
4.1.16
Standards for Multiple-Unit Dwellings, Group Dwellings, ..................................................................46
4.1.17
Amenity Space Requirements for Multiple Unit Dwellings .................................................................47
4.1.18
Institutional Uses in Residential Zones .................................................................................................47
4.1.19
Accessory Farm Produce Retail Outlets ...............................................................................................47
4.1.20
Standards for Mini-Homes ....................................................................................................................48
4.1.21
Minimum Floor Area for Dwellings .....................................................................................................48
4.1.22
Landscape Requirements for Residential Developments ......................................................................48
4.2
R-1 (Single Family Residential) Zone.............................................................................. 50
4.2.1
R-1 Zone Permitted Uses ......................................................................................................................50
4.2.2
R-1 Zone Uses Subject to Terms and Conditions (Conditional Uses) ..................................................50
4.2.3
R-1 Zone Standards ..............................................................................................................................50
4.3
R-2 (Residential Mix) Zone ............................................................................................. 52
4.3.1
R-2 Permitted Uses ...............................................................................................................................52
4.3.2
R-2 Zone Uses Subject to Terms and Conditions .................................................................................52
4.3.3
R-2 Zone Standards ..............................................................................................................................53
4.3.4
Main Street Converted Dwelling and Addition Requirements .............................................................53
4.4
R-3 (Multiple Unit Residential) Zone .............................................................................. 55
4.4.1
R-3 Zone Permitted Uses ......................................................................................................................55
4.4.2
R-3 Zone Uses Subject to Terms and Conditions (Conditional Uses) ..................................................55
4.4.3
R-3 Zone Standards ..............................................................................................................................55
4.4.4
Zone Standards for Group Dwellings ...................................................................................................56
4.5
R-4 (Land-Leased Community) Zone .............................................................................. 58
4.5.1
R-4 Permitted Uses ...............................................................................................................................58
Town of Florenceville-Bristol Zoning By-law (By-law No. 13B)
By-law No. 13 Zoning By-law July 14, 2020
4.5.2
R-4 Zone Uses Subject to Terms and Conditions (Conditional Uses) ..................................................58
4.5.3
R-4 Zone Standards ..............................................................................................................................58
5.0
COMMERCIAL & MIXED-USE ZONES ............................................................................... 61
5.1
General Provisions for all Commercial Zones ................................................................. 61
5.1.1
Commercial Landscaping Requirements ..............................................................................................61
5.1.2
Accessory Buildings and Structures in Commercial Zones ..................................................................61
5.1.3
Special Requirements for Auto-Oriented and Gas Bars ........................................................................62
5.1.4
Special Requirements for Cannabis Retail ............................................................................................62
5.2
C-1 (Neighbourhood Commercial) .................................................................................. 63
5.2.1
C-1 Zone Permitted Uses ......................................................................................................................63
5.2.2
C-1 Zone Uses Subject to Terms and Conditions (Conditional Uses) ..................................................63
5.2.3
C-1 Zone Requirements ........................................................................................................................63
5.2.4
Requirements for Mixed-Use Developments ........................................................................................64
5.3
C-2 (General Commercial) Zone ...................................................................................... 65
5.3.1
C-2 Zone Permitted Uses ......................................................................................................................65
5.3.2
C-2 Zone Uses Subject to Terms and Conditions (Conditional Uses) ..................................................66
5.3.3
C-2 Zone Lot Requirements ..................................................................................................................66
5.3.4
C-2 Zone Uses over 1,500 m2 ...............................................................................................................67
5.3.5
Abutting Yard Requirements ................................................................................................................67
5.4
C-3 (Highway Commercial) Zone .................................................................................... 68
5.4.1
Permitted Uses ......................................................................................................................................68
5.4.2
C-3 Zone Requirements ........................................................................................................................69
5.4.3
Abutting Yard Requirements ................................................................................................................69
5.4.4
Outdoor Storage and Display ................................................................................................................69
5.5
C-4 (Business Park) Zone................................................................................................. 71
5.5.1
Permitted Uses ......................................................................................................................................71
5.5.2
C-4 Zone Uses Subject to Terms and Conditions (Conditional Uses) ..................................................71
5.5.3
C-4 Zone Requirements ........................................................................................................................72
5.5.4
Abutting Yard Requirements ................................................................................................................72
5.6
MU-1 (Mixed-use Main Street) Zone .............................................................................. 73
5.6.1
MU-1 Zone Permitted Uses ..................................................................................................................73
5.6.2
MU-1 Zone Uses Subject to Terms and Conditions (Conditional Uses) ..............................................74
5.6.3
MU-1 Zone Requirements ....................................................................................................................74
5.6.4
Design Guidelines for MU-1 Zone .......................................................................................................74
5.6.5
Legal Non-Conforming Buildings ........................................................................................................74
5.6.6
Requirements for a Multiple Unit Dwelling as a Second Main Building .............................................75
5.7
MU-2 (Mixed-use Core) Zone ......................................................................................... 76
5.7.1
MU-2 Zone Permitted Uses ..................................................................................................................76
5.7.2
MU-2 Zone Requirements ....................................................................................................................77
5.7.3
Design Guidelines for MU-2 Zone .......................................................................................................77
5.7.4
Legal Non-Conforming Buildings ........................................................................................................78
6.0
INDUSTRIAL ZONES ............................................................................................................... 79
6.1
General Provisions for all Industrial Zones ...................................................................... 79
6.1.1
Buffering ...............................................................................................................................................79
6.1.2
Outdoor Storage and Display ................................................................................................................80
6.1.3
Salvage Yard or Recycling Depot .........................................................................................................80
6.1.4
I-1 and I-2 Zone Landscaping Requirements ........................................................................................80
6.1.5
Lighting or Illumination Devices ..........................................................................................................81
6.1.6
Larger Industrial Uses Subject to Terms and Conditions......................................................................81
6.2
I-1 (Light Industrial) Zone ............................................................................................... 82
6.2.1
I-1 Zone Permitted Uses .......................................................................................................................82
6.2.2
I-1 Zone Requirements .........................................................................................................................82
6.3
I-2 (Heavy Industrial) Zone .............................................................................................. 84
6.3.1
Permitted Uses ......................................................................................................................................84
6.3.2
I-2 Zone Uses Subject to Terms and Conditions (Conditional Uses) ...................................................84
Town of Florenceville-Bristol Zoning By-law (By-law No. 13B)
By-law No. 13 Zoning By-law July 14, 2020
6.3.3
I-2 Zone Requirements .........................................................................................................................84
6.3.4
I-2 Zone Standards for Pits and Quarries ..............................................................................................85
7.0
INSTITUTIONAL ZONES ........................................................................................................ 87
7.1
INST (Institutional) Zone ................................................................................................. 87
7.1.1
INST Zone Permitted Uses ...................................................................................................................87
7.1.2
INST Zone Uses Subject to Terms and Conditions (Conditional Uses) ...............................................87
7.1.3
INST Zone Requirements .....................................................................................................................87
8.0
SPECIAL ZONES ....................................................................................................................... 88
8.1
AR (Agricultural Reserve) Zone ...................................................................................... 88
8.1.1
AR Zone Permitted Uses ......................................................................................................................88
8.1.2
AR Zone Uses Subject to Terms and Conditions (Conditional Uses)...................................................88
8.1.3
AR Zone Requirements.........................................................................................................................88
8.2
RU (Rural Use) Zone ....................................................................................................... 90
8.2.1
RU Zone Permitted Uses ......................................................................................................................90
8.2.2
RU Zone Uses Subject to Terms and Conditions (Conditional Uses)...................................................90
8.2.3
RU Zone Requirements.........................................................................................................................91
8.2.4
RU Zone Commercial Use Requirements .............................................................................................92
8.2.5
Landscaping Requirements for Rural District Developments ...............................................................92
8.3
OS (Parks and Open Space) Zone .................................................................................... 94
8.3.1
OS Zone Permitted Uses .......................................................................................................................94
9.0
SIGNAGE .................................................................................................................................... 95
9.1
General Signage Criteria .................................................................................................. 95
9.2
Sign Area Calculations ..................................................................................................... 95
9.3
Specific Sign Provisions ................................................................................................... 97
9.3.1
Signage in a Residential Zone ...............................................................................................................97
9.3.2
Freestanding or Directory Signs ...........................................................................................................97
9.3.3
Projecting Signs ....................................................................................................................................98
9.3.4
Fascia Signs ..........................................................................................................................................98
9.3.5
Portable Signs .......................................................................................................................................98
9.3.6
Sandwich Board Signs ..........................................................................................................................98
9.4
Signage Permits ................................................................................................................ 99
9.5
Applications and Plans ..................................................................................................... 99
9.6
Abandoned and Unlawful Signs ....................................................................................... 99
9.7
Signage Variances .......................................................................................................... 100
10.0
REPEAL AND TRANSITION ................................................................................................ 101
PART III - ZONING MAP SCHEDULES .................................................................................................. 102
Schedule A - Zoning Map Key Plan
Schedule B - Ward 1 Zoning Map
Schedule C - Ward 2 Zoning Map
Town of Florenceville-Bristol Zoning By-law (By-law No. 13B)
By-law No. 13 Zoning By-law effective July 14, 2020
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PART I - GENERAL CLAUSES AND INTERPRETATION
1.0
TITLE AND SCOPE
1.1
Introduction
(1)
By-law No. 13A entitled the Town of Florenceville-Bristol Zoning By-law, is hereby
adopted.
(2)
This By-law may be cited as "The Town of Florenceville-Bristol Zoning By-Law".
(3)
This By-law applies to the Town of Florenceville-Bristol municipal boundaries as outlined
in Regulation 85-6 under the Municipalities Act.
(4)
This Zoning By-law:
(a) divides the Municipality into zones as described on the Town of Florenceville-
Bristol Ward 1 Zoning Map and Ward 2 Zoning Map as found in Part III, Schedules
"A", "B" and "C".
(b)
prescribes, subject to powers reserved in the Planning Advisory Committee:
(i)
the purpose for that land, buildings and structures in any zone may be used,
and
(ii) standards that land use, and the placement, erection, alteration and use of
building and structures must conform to; and
(c)
prohibits the use, placement, erection or alteration of land, buildings or structures
other than in conformity with the purposes and standards mentioned in clause (b).
(5)
For the purposes of this By-law, the Town is divided into zones as shown on the Town of
Florenceville-Bristol Zoning Map as found in Part III of this By-law and attached as
Schedule "A", Schedule "B" and Schedule "C".
(6)
The Town of Florenceville-Bristol Zoning Map and any amendments thereto form part of
this By-law.
Town of Florenceville-Bristol Zoning By-law (By-law No. 13B)
By-law No. 13 Zoning By-law effective July 14, 2020
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1.2
Definitions
In this By-law the following words are defined as provided in this Section.
"ABATTOIR"
A building or structure specifically designed to accommodate the penning and slaughtering of live
animals and preliminary processing of animal carcasses.
"ACCESSORY BUILDING OR STRUCTURE"
Means a detached building or structure not used for human habitation, the use of which is
naturally customarily incidental and subordinate to, or exclusively devoted to the main use,
building or structure and located on the same lot therewith and shall also mean and include a
detached private garage or detached carport but which does not include children's play structures
or patios and decks associated with a dwelling.
"ACCESSORY USE"
Means a use, other than human habitation of land or a building or structure which is naturally or
customarily incidental and complementary to the main use of the land, building or structure, and
which is located on the same lot as the main use, but which does not include a secondary use.
"ACT, THE"
Means the Community Planning Act, Chapter 19, R.S.N.B. 2017 and any amendments thereto.
"ADVISORY COMMITTEE"
Means the Planning Advisory Committee as established by Council.
"ADULT ENTERTAINMENT USE OR ESTABLISHMENT"
Means a beverage room, nightclub, restaurant, movie theatre or other similar establishment that
features:
(i)
live performances that are characterized by the exposure of specified anatomical areas or
be specified sexual activities;
(ii) escort services; and/or
(iii) films, motion pictures or other photographic reproductions are shown which are
characterized by an emphasis on the depiction or description of specified sexual activities
or specified anatomical areas.
"AGGREGATE"
Means gravel, sand, clay, shale, earth, stone, limestone, granite, marble, rocks and stones other
than metallic ore.
"AGRICULTURAL USE"
Means the use of any land, building, or structure for the production of food, fiber, or flora, or the
breeding and handling of animals, and includes a single-family dwelling and accessory buildings,
hatchery, and retail, or market outlets for the sale of perishable agricultural goods, or for the
handling of animals except, for the purpose of this By-law, such use does not include a kennel or
abattoir.
Town of Florenceville-Bristol Zoning By-law (By-law No. 13B)
By-law No. 13 Zoning By-law effective July 14, 2020
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"AISLE"
The area used by motor vehicles for access to and from all off-street parking spaces, but does not
include an access or egress driveway.
"ALTER OR ALTERATION"
Means, as applied to a building or structure or part thereof:
(i)
a change or rearrangement in the structural parts or means of egress;
(ii) an enlargement, whether by extending the side, front or rear of a building or structure;
(iii) by increasing the height; and/or
(iv) in the moving from one location or position to another.
"AMENITY SPACE"
The area situated within the boundaries of a residential development site intended for recreational
uses and open space that may include landscaped areas, patios, parks, trails, private amenity
areas, swimming pools, play areas and other similar uses, but does not include any area occupied
at grade by a building's service area, parking lots, aisles or access driveways.
"AMUSEMENT PLACE"
An amusement park or an establishment, other than a private club, beverage room or adult
entertainment establishment, which for profit provides facilities for dancing, games, the showing
of motion pictures or any form of entertainment, amusement or recreation, whether or not in
conjunction with a restaurant or other retail store.
"APARTMENT BUILDING"
See multiple-unit dwelling.
"ARTERIAL STREET"
Means a street or road with the primary function to move large volumes of through traffic with
limited direct access to adjacent development.
"AUTOMOBILE REPAIR SHOP"
An establishment for the repair of automobiles, trucks not exceeding one-half ton capacity,
motorcycles, snowmobiles and other vehicles; the retail sale, installation, servicing or machining
of automotive parts and accessories; and drive through vehicle repair, servicing and cleaning
facilities. This term refers to uses such as alignment, muffler, automotive glass, transmission
repair, vehicle upholstery shops, tire stores and car washes. This term excludes any establishment
where gasoline, diesel fuel, oil, anti-freeze, tires and accessories for motor vehicles are sold and
autobody repair and automobile paint shops.
"AUTOMOBILE SALES AND RENTAL ESTABLISHMENT"
Means a development where new or used automobiles, light trucks, motorcycles, snowmobiles,
tent trailers, boats, travel trailers, or similar light recreational vehicles or craft are sold or rented,
together with incidental maintenance services and sale of parts. Automotive and recreational
vehicle sales and rental establishments include automobile dealerships, car rental agencies and
motorcycle dealerships.
Town of Florenceville-Bristol Zoning By-law (By-law No. 13B)
By-law No. 13 Zoning By-law effective July 14, 2020
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"AUTOMOBILE SERVICE STATION"
An establishment where gasoline, oil, grease, anti-freeze, tires and accessories for motor vehicles
are stored and kept for sale, and where minor repairs to motor vehicles are performed. An
automobile service station is a separate use from automobile repair shop and gas bar.
"BACHELOR APARTMENT OR UNIT"
A dwelling unit in a multiple-unit dwelling, consisting of not more than one habitable room
together with kitchen or kitchenette and sanitary facilities contained within the same dwelling
unit.
"BED AND BREAKFAST"
An establishment in a single-family dwelling offering short-term food and lodging to travelers for
compensation but does not include a tourist home, boarding house, or a hotel or motel.
"BEVERAGE ROOM"
Synonymous with bar, tavern, pub, nightclub or similar uses and means a building or structure
licensed under the Liquor Control Act, R.S.N.B. 1973, c. L-10, and amendments thereto.
"BOARDING OR ROOMING HOUSE"
Means a dwelling in which lodging and meals are regularly provided for compensation to three or
more persons other than the owner or tenant thereof and members of his or her family and where
bathrooms, kitchens and other areas of the dwelling are common to all boarders. This does not
include a bed and breakfast, tourist home, hospital, residential care facility, rental suite, senior
citizens housing, hotel or motel, multiple-unit dwelling, group home or other establishment
otherwise classified or defined in this by-law.
"BUILDING"
A structure having a roof supported by columns or walls or supported directly on the foundation
and used for the shelter or accommodation of persons, animals or goods.
"BUILDING INSPECTOR"
Means the Building Inspector appointed by Council.
"BUILDING PERMIT"
A permit that is issued and monitored until the completion of a building or structure by the
Town's Building Inspector. In order to receive and retain a building permit, a building or
structure must meet all applicable requirements of all Town By-laws to receive approval from the
Building Inspector.
"BUILDING SUPPLY OUTLET"
A building or structure where the main use involves the retail sale of building or construction
materials and home improvement materials.
Town of Florenceville-Bristol Zoning By-law (By-law No. 13B)
By-law No. 13 Zoning By-law effective July 14, 2020
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"CANNABIS"
Means cannabis as defined by the Government of Canada, pursuant to the Cannabis Act.
"CANNABIS RETAIL SALES USE"
Means premises used for the retail sale of cannabis, cannabis products, or any of its derivatives,
such as oils or edible products, to the general public.
"CANNABIS PRODUCTION FACILITY"
Means a facility and premises authorized by a license issued by the Government of Canada,
pursuant to the Cannabis Act for growing, producing, testing, destroying, storing, or distribution
of cannabis but does not include the retail sale of cannabis or cannabis related products.
"CARPORT"
A building or structure attached to a dwelling unit that is designed for the parking and storage of
motor vehicles and is open on at least two ends in order to provide unobstructed access to the rear
yard.
"CEMETERY"
Land primarily used for internment of human remains and where places of worship, funeral
homes, crematoria and related facilities may be incorporated as accessory uses.
"COLLECTOR STREET"
Means a roadway with the functions of providing land access and traffic movement as equal
importance.
"COMMERCIAL VEHICLE"
Any vehicle that is licensed as a commercial carrier as determined by the Registrar of Motor
Vehicles.
"COMMON WALL"
A vertical wall separating semi-detached dwelling units or rowhouse dwelling units above and
below grade, mutually common to both dwelling units and where the common wall constitutes at
least 50% of the vertical and adjacent plane between two adjacent dwelling units.
Figure 1.1: Example of a Common Wall
Town of Florenceville-Bristol Zoning By-law (By-law No. 13B)
By-law No. 13 Zoning By-law effective July 14, 2020
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"COMMUNITY PLANNING ACT"
See the Act.
"CONDITIONAL USE (USE SUBJECT TO TERMS AND CONDITIONS)"
A use of a property, which is permitted within a zone so long as it can be implemented subject to
such terms and conditions as may be imposed by the Planning Advisory Committee pursuant to
Part 2 of the Community Planning Act of New Brunswick. Where compliance with such terms and
conditions is not possible, the Planning Advisory Committee may prohibit the use.
"CONSERVATION USE"
A use dedicated towards the preservation of fish and wildlife habitat including woodlot
management and structures for flood/erosion control. This use shall not include administration
and/or operational facilities.
"CONTRACTOR'S YARD"
A premises in which the shop or assembly work of a contractor or tradesperson is performed and
includes the storage of any related equipment and/or materials.
"CONVENIENCE STORE"
A retail store that provides a variety of household necessities, groceries and other convenience
items.
"CONVERTED DWELLING"
A building originally built and designed as a single-family dwelling which contains two or more
dwelling units.
"CORNER LOT"
A lot having a continuous street frontage along two or more different streets.
Figure 1.2: Example of a Corner Lot
"COUNCIL"
Means the Mayor and Councilors of the Town of Florenceville-Bristol;
Town of Florenceville-Bristol Zoning By-law (By-law No. 13B)
By-law No. 13 Zoning By-law effective July 14, 2020
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"CULTURAL USE"
Means a theatre, art gallery or similar uses that assists in the promotion of a cultural community
but does not include an adult entertainment use.
"DAY CARE CENTRE OR FACILITY"
A building or structure where day care services are the main use and which is regulated under the
Day Care Regulation of the Family Services Act.
"DETACHED DWELLING"
A single dwelling unit that is not joined or to any other dwelling by a shared or common wall.
"DEVELOPER"
Means an individual or corporation seeking to obtain a variance, a rezoning or the approval of a
building permit, a subdivision plan, or who enters into a subdivision agreement with the Town.
"DEVELOPMENT"
Means development as defined in the Community Planning Act, Chapter 19, R.S.N.B. 2017 and
amendments thereto.
"DEVELOPMENT OFFICER"
Means the Development Officer appointed by Council.
"DOG DAYCARE"
Means a use that provides care to a group of dogs during general daytime working hours,
particularly not overnight, where more than 3 dogs but no more than 12 are kept at once.
"DOMESTIC ANIMAL"
A household animal kept for pleasure or companionship but does not include livestock.
"DRIVE-IN RESTAURANT"
Synonymous with 'drive-through restaurant' and means an eating and drinking establishment may
have one or more of the following features:
(a) car attendant services;
(b) drive through food pickup services; or
(c) parking primarily intended to allow for the on-site consumption of food within a motor
vehicle.
"DRIVEWAY"
Means that portion of a lot used to provide vehicular access from a street to a parking space, aisle,
or to an off-street parking or loading area located on the same lot.
"DRY-CLEANING ESTABLISHMENT"
A building or structure where the business of laundry of dry-cleaning is housed and where the
cleaning, drying, ironing and finishing of such goods are conducted.
"DUPLEX"
Town of Florenceville-Bristol Zoning By-law (By-law No. 13B)
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Synonymous with 'two-family dwelling' and means a detached building primarily divided
horizontally into two dwelling units but which may also share a common wall.
"DWELLING"
A building designed for residential occupancy and contains one or more dwelling units but which
does not include a recreational vehicle, hotel or motel.
"DWELLING UNIT"
One or more rooms used or intended to for use by one or more individuals living as a single
housekeeping unit, with a separate kitchen and sanitary facilities provided for the exclusive use of
such individuals and with a private entrance from outside the building or from a common hallway
or stairway inside.
"ENTERTAINMENT USE"
Means any activity carried on within a building or part of a building that involves commercial
entertainment, amusement or relaxation and, without limiting the generality of the foregoing
includes a tavern, nightclub or other beverage room or amusement place but does not include
adult entertainment uses.
"ENVIRONMENTALLY SENSITIVE AREAS"
Areas of land and/or water that contain natural features or ecological functions of such
significance that protection is warranted.
"EQUIPMENT SALES AND RENTAL ESTABLISHMENT"
Means a development where tools, appliances, recreation, craft, office machines, furniture, light
construction equipment, or similar items are rented and serviced. Equipment rental establishments
do not include developments where motor vehicles or industrial equipment are rented or serviced.
"ERECT"
Means to build, construct, reconstruct, alter, locate, or relocate, and, without limiting the
generality of the foregoing, shall be taken to include any preliminary physical operation such as
excavating, grading, piling, cribbing, filling, or draining and structurally altering any existing
building or structure by an addition, deletion, enlargement, or extension. This includes any
physical operations preparatory thereto.
"ESTABLISHED GRADE"
Means, with reference to a building, the average elevation of the finished surface of the ground
where it meets the exterior of such building, and when used with reference to a structure, shall
mean the average elevation of the finished grade of the ground immediately surrounding such
structures.
"EXCAVATED AREA"
Synonymous with 'excavation area' and means:
(i)
the area on the property of a gravel pit, quarry or topsoil removal site where the
excavation of land crushing and other forms of processing activities and stock piling of
excavated material takes place; or
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(ii) the area of topsoil and stone that is removed for the purposes of constructing a building
and/or structure.
"FAÇADE"
Means the exterior wall of a building or structure that is exposed to public view or that wall
viewed by persons not within the building.
"FAMILY"
Means one (1) or more persons, not necessarily related, occupying a premises and living as a
single housekeeping unit, as distinguished from a group occupying a hotel, boarding or rooming
house or other similar use.
"FARM PRODUCE RETAIL OUTLET"
Where the products of an agricultural use are sold at retail either as the main use of the property
or as an accessory use and on the same lot as the principal agricultural use.
"FINANCIAL INSTITUTION"
Means a bank, credit union, trust companies, mortgage loan companies or other similar operations
that provide financial services to the general public.
"FITNESS CENTRE"
Synonymous with 'gym' and means a building or structure that provides facilities and equipment
for indoor exercise and physical fitness.
"FLAG LOT"
Means a lot with a configuration that resembles an outstretched flag at the top of a flag pole and
where the "pole" portion of the lot shall not exceed 76 m for serviced lots and 230 m for
unserviced lots. For serviced and unserviced lots, the "flag" portion of the lot shall contain the
required minimum lot area specified in the applicable zone and the minimum width of the "pole"
shall be 6 m.
Figure 1.3: Example of Flag Lot
"FLANKAGE LOT LINE"
Means a side lot line that abuts a street on a corner lot.
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Figure 1.4: Example of a Flankage Lot Line
"FLANKAGE YARD"
The side yard of a corner lot, which abuts a street, and 'required flankage yard' or 'minimum
flankage yard', means the minimum side yard required by this By-law where the yard abuts a
street.
Figure 1.5: Example of Required Flankage Yard
"FLOOD PLAIN"
Means the area adjoining the channel of a river, stream, or watercourse, which has been or may be
covered by floodwater during a regional flood or a one-in-one-hundred-years flood, whichever is
greater.
"FLOOR AREA"
Means the total area of all floors of a building above grade within the outside surface of exterior
walls or within the glassline of exterior walls and the centreline of fire walls, but not including the
floor area of basements, garages, sheds, open porches or breezeways, except that all dwelling
units in a multiple-unit dwelling shall be included in the calculation of floor area.
"FORESTRY USE"
Means commercial silviculture and the production of timber or pulp, and any uses associated with
a silvicultural use, including sawmills, related vehicle and equipment storage and maintenance
buildings, structures and yards but excludes a fire wood sales yard.
"FRONTAGE"
Means the measurement of the front lot line between the side lot lines.
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Figure 1.6: Example of Frontage
"FRONT LOT LINE"
Means in the case of an interior lot, the line dividing the lot from the street. In the case of a
corner lot, the shorter lot line abutting a street shall be deemed the front lot line. Where a corner
lot has the same dimensions on the two streets upon which it abuts, the lot line abutting the street
upon which the building or structure erected or to be erected has its principal entrance shall be
deemed the front lot line.
"FRONT YARD"
A yard extending across the full width of a lot between the front lot line and the nearest wall of
any main building or structure on the lot; and "required front yard" or "minimum front yard"
means the minimum distance required by this By-law between the front lot line and the nearest
main wall of any building or structure on the lot.
Figure 1.7: Example of Required Front Yard
"FUNERAL HOME"
A building or structure designed for the purpose of furnishing funeral supplies and service to the
public and include, as a secondary or accessory use, equipment or facilities intended for the
preparation of corpses for interment or cremation.
"GARDEN CENTRE"
The use of lands, buildings or structures or part thereof for the purpose of buying or selling lawn
and garden equipment, plants, trees, flowers, shrubs, furnishing and supplies.
"GARDEN SUITE"
Means an additional detached dwelling unit that is one storey, free standing, temporary, portable,
containing bathroom and cooking facilities and is equipped for year-round occupancy. A garden
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suite shall not include a mobile home, mini home, a recreational vehicle or any other trailer. A
garden suite shall only be occupied by:
(i)
the parents or grandparents of the owner of the single-family dwelling;
(ii) a child of the owner of the single-family dwelling, including the spouse and dependent
children;
(iii) a sister or brother of the owner of the single-family dwelling, including the spouse and
dependent children; or
(iv) a person who is employed on a full-time basis to provide personal care services to a
member or members of the family of the owner of the single-family dwelling, including
the spouse and dependent children of the person so employed.
"GAS BAR"
Means a building or structure where the main use is the storage and sale of gasoline, propane or
other motor vehicle fuels (all fuels, with the exception of propane, must be stored in underground
tanks), kerosene or motor oil and lubricants or grease (for the operation of motor vehicles) directly
to the public on the premises and must comply with all Provincial and Federal regulations. A gas
bar may include the sale of minor accessory parts for motor vehicles and a car wash.
"GOVERNMENT USE"
Means a building or structure that is used by the Government of Canada, Government of New
Brunswick or the Town of Florenceville-Bristol for uses other than a utility use.
"GRADE"
Means the finished level of the ground at the exterior walls of a building or structure.
"GREENHOUSE"
A building or structure with roof and walls, often heated, and used for growing flowers and plants
that need warmth or for forcing early produce but does not include a Cannabis Production
Facility.
"GROSS FLOOR AREA"
Means the aggregate of the floor areas of a building above and below grade, measured between
the exterior faces of the exterior walls of the building at each floor level. Gross floor area does
not include the area used for a mechanical room, stairwells, air handling equipment, garbage
storage, electrical room, elevators and car parking areas.
"GROUND FLOOR"
The lowest full storey that is located entirely above the established grade; and with respect to the
street façade, means the part of the façade that is within 4 m (13.1 ft) of the established grade.
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Figure 1.8: One Example of Ground Floor
Figure 1.9: Second Example of Ground Floor
"GROUND FLOOR AREA"
Means the total area of the first floor of a building above the established grade within the outside
surface of exterior walls or within the glassline of exterior walls and the centreline of fire walls,
including covered porches and verandas, but excluding open decks, patios, and steps, cornices,
eaves and similar projections. Site coverage shall include air wells, and all other space within a
building except inner or outer courts.
"GROUP DWELLING"
Means a development of more than 4 detached dwelling units located on the same lot.
"GROUP HOME"
Means a building or portion of a building used for the care of rehabilitation of children,
adolescents or adults and may contain an office use provided that the office is used only for the
administration of the group home in which it is located.
"HABITABLE ROOM"
Means the space within a dwelling unit that living functions are normally carried on, and includes
living rooms, dining rooms, kitchens, bathrooms, recreation rooms, workshops and recreational
rooms located in a basement or cellar.
"HEIGHT"
Means in relation to a building or structure, the vertical distance as measured from mean grade to
the highest point of such building or structure but does not include:
(a) towers associated with a fire station;
(b)
ornamental roof construction features including towers, steeples or cupolas; and
(c)
mechanical features such as air conditioning units or similar features.
"HOME DAY CARE"
Means a private residence where care, protection and supervision are provided for up to 10
children, but which does not provide overnight accommodation to those being cared for.
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"HOME OCCUPATION"
Synonymous with 'home based business' and means an occupation, trade, profession or craft
carried on by the occupant of a residential building as a secondary use that is clearly subordinate
and incidental to the main residential use of the property, and which does not change the
character, thereof or have any exterior evidence of such secondary use other than a small sign not
exceeding a size prescribed by the Zoning By-law.
"HOTEL OR MOTEL"
A commercial building or buildings providing temporary accommodations for travelers or
transients on a year-round basis, and may include a restaurant, beverage room and convention
room.
"HOUSEHOLD"
Shall mean:
(a) a person;
(b) two (2) or more persons related by blood, marriage, a common law relationship, or
adoption; or
(c) a group of not more than five (5) persons who are not related by blood, marriage, or
adoption,
all living together as a single housekeeping group and using cooking facilities shared in common.
A household may also contain a full-time employee, up to two (2) boarders or lodgers, or up to
four (4) foster children.
"HIGHWAY COMMERCIAL USE"
Means a development serving the local and traveling public that relies on a highly visible location
in proximity to a highway or major traffic thoroughfare. Highway commercial uses include
restaurants, automobile service stations, automobile repair shops, gas bars, building supply
outlets, retail stores, hotels and motels.
"INDUSTRIAL USE"
The use of land, buildings or structures for the processing, fabricating or assembly of raw
materials or goods, warehousing or bulk storage of goods and related accessory uses and shall
include the use of land, or building, or structure for one or more of the following operations:
(a) the dismantling and separating into parts of any article, machinery, or vehicle;
(b)
the breaking up of any articles, goods, machinery, or vehicles;
(c)
the treatment of waste materials;
(d)
the processing of sand, gravel, clay, turf, soil, rock, stone, or similar substances, but not
the extraction thereof;
(e) the repairing and servicing of all vehicles, machinery and buildings;
(f)
the storage of goods in connection with or resulting from any of the above operations;
(g) the provision of amenities for persons engaged in such operations;
(h) the sale of goods resulting from such operations; and
(i)
any work of administration or accounting in connection with the undertaking.
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"IN-LAW SUITE"
Means a separate housekeeping unit, complete with its own sleeping, cooking and sanitary
facilities, which is contained within a single-family dwelling, but functions as a separate dwelling
unit. An in-law suite shall only be occupied by:
(a) the parents or grandparents of the owner of the single-family dwelling;
(b) a child of the owner of the single-family dwelling, including the spouse and dependent
children;
(c) a sister, brother or cousin of the owner of the single-family dwelling, including the spouse
and dependent children; or
(d) a person who is employed on a full-time basis to provide personal care services to a
member or members of the family of the owner of the single-family dwelling, including
the spouse and dependent children of the person so employed.
"INSTITUTIONAL USE"
The use of land, buildings, or structures for religious, educational, health, indoor recreational
facilities, community centre, hospital, nursing homes, group homes or residential care facilities.
"INTERIOR LOT"
Means a lot other than a corner or through lot.
Figure 1.10: Example of an Interior Lot
"KENNEL"
A building or structure where dogs, cats and other domestic animals excluding livestock are bred
and raised, and are sold or kept for sale or boarded, with or without veterinary care.
"LANDSCAPED AREA"
Means an area of land within a lot dedicated to the planting of trees, shrubs, flower beds, or a
combination thereof and which may include other decorative landscape features such as stones. A
landscaped area may be crossed by a driveway or walkway provided it is substantially
perpendicular to the landscaped area. A freestanding or directory sign may be located within a
landscaped area. A landscape buffer may be included in the calculation of landscape area.
"LANDSCAPED BUFFER"
Means the area of a lot which serves to provide separation and to partially obstruct the view of
adjacent land uses by means of a dense landscaping screen consisting of evergreen trees or a
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combination of solid screen fencing with evergreen or deciduous trees, shrubs or berms.
Pedestrian and/or vehicular entrances through the landscaped buffer are permitted.
Figure 1.11: Example of a Landscaped Buffer
"LANDSCAPING OR LANDSCAPED"
Any combination of trees, shrubs, flowers, grass or other horticultural elements, decorative
stonework, gravelling, paving, screening or other architectural elements, all of which are designed
to enhance the visual appearance of a property or to provide a screen to soften the linear
appearance of a structure or use.
"LIVESTOCK"
Means large animals such as cattle, horses, sheep, pigs, goats, mules, donkeys, game animals,
lamas and alpacas. This definition also includes live fish, shellfish and poultry such as chickens,
chicks, geese and turkeys and large quantities of rabbits. The definition of livestock does not
include domestic animals such as cats, dogs, parrots, birds, mice, rats, gerbils, rabbits etc.
"LOADING SPACE"
An off-street space or berth on the same lot as a building or contiguous to a building or group of
buildings, for the temporary parking of a commercial vehicle while loading and unloading
merchandise or materials and which is connected to a public street by an appropriate access.
"LOCAL STREET"
Means a street or road whose major function is to provide direct land access to abutting properties
and is designed to carry low traffic volumes for short distances.
"LONG TERM CARE FACILITY"
Means a building containing residential accommodations where a broad range of 24-hour personal
care, support and health services are provided for persons requiring these services in a supervised
setting and that may contain common facilities, such as but not limited to, the preparation and
consumption of food, accessory personal service shop, retail and recreational uses for the
residents.
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"LOT"
A parcel of land or two or more adjoining parcels held by the same owner used or intended to be
used as the site for a building or an appurtenance thereto, whether or not such lot is shown on a
filed subdivision plan or is the subject matter of a separate deed or a separate description in a
deed.
"LOT AREA"
Means the area contained within the boundaries of a lot as shown on a plan of subdivision or
described in a certificate of title.
"LOT COVERAGE"
Means the maximum horizontal area at grade of all buildings and structures including all exterior
walls but does not include a children's play structure or swimming pool.
"LOT DEPTH"
Means the measurement of the distance front and rear lot line.
"LOT LINE"
The common line between two lots, between two or more lots, between a lot and a lane, between a
lot and a body of water, or between a lot and any such line other than a street line.
"LOT WIDTH"
Means:
(i)
where the side lot lines are parallel, the distance measured across the lot at the street line;
or
(ii) where the side lot lines are not parallel, the distance measured across the lot at the required
front yard.
"MAIN BUILDING"
Synonymous with 'principle building' and means a building which:
(i)
occupies the major or central portion of a site;
(ii) is the chief or main building among one or more buildings on the site; or
(iii) constitutes by reason of its use the primary purpose for which the site is used.
"MAIN USE"
Synonymous with principle use and means the primary purpose for which a lot, buildings or
structures are used.
"MAIN WALL"
Means the exterior front, side, or rear wall of a building.
"MANUFACTURED DWELLING"
Means a new residential building containing one dwelling unit, built in a factory and transported
to a site where it is installed on a permanent foundation, and which appear indistinguishable in
design and finish from a house built on-site but does not include a mini-home, mobile home, or
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recreational equipment defined herein and is considered a single-family dwelling for the purposes
of this By-law.
"MANUFACTURING USE"
The use of land, building or structures for the purpose of manufacturing, assembly, preparing,
finishing, treating, repairing, warehousing or adapting for sale of any goods, substance, article or
service.
"MEAN GRADE"
Is the average elevation of the finished ground level around the exterior walls of a building or
structure.
"MEDICAL CLINIC"
Means a premises containing offices and common administration and/or reception areas used by
members of the medical of health care professions to provide medical, dental, and/or therapeutic
diagnosis and treatment to the general public without overnight accommodation and may include
accessory dispensary facilities.
"MICROBREWERY"
Means a facility, having less than 500 square meters gross floor area, where beer, wine and/or
spirits are produced and may be sold for consumption onsite or off the premises; and may include
a restaurant, beverage room and/or retail store as accessory uses.
"MINI-HOME"
A dwelling unit, other than a manufactured dwelling or mobile home, fabricated in an off-site
manufacturing facility for installation or assembly at the building site, is provided with a CSA
approved stamp and number and/or meeting the requirements of the National Building Code of
Canada but is not situated on a permanent foundation.
"MIXED USE"
Means a number of different uses contained within the same building.
Figure 1.12: Example of a Mixed Use Building
"MOBILE HOME"
A movable or portable dwelling unit constructed to be towed to its appropriate site on its own
chassis, connected to utilities and designed for year-round living. It may consist of one or more
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parts that can be folded, collapsed or telescoped for towing to the appropriate site and expanded
later for additional cubic capacity to be jointed into one integral unit. The mobile home must
contain sleeping accommodation, a flush toilet, a tub or shower, bath and kitchen facilities, with
plumbing and electrical connections provided for attachment to outside systems.
"MULTPLE-UNIT DWELLING"
Synonymous with 'apartment building' and means a building or portion thereof, other than a
rowhouse, hotel or motel, containing four (4) or more dwelling units.
"MUNICIPAL PLAN"
Means the Municipal Plan of the Town of Florenceville-Bristol and any amendments thereto.
"NON CONFORMING USE"
Shall have the same meaning as contained in the Community Planning Act as may be amended
from time to time.
"NURSERY"
Means a building or structure or piece of land where young plants or trees are grown for
subsequent transplanting and may include the associated retail sale of such plants but does not
include a Cannabis Production Facility.
"OBNOXIOUS USE"
Means a use which, from its nature or operation, creates a nuisance or is liable to become a
nuisance or offensive by the creation of noise or vibration, or by reason of the emission of gas,
fumes, dust or objectionable odour, or by reason of the matter, waste or other material generated
by the use.
"OFFICE"
Means a building or structure where persons are engaged in the management and direction of a
business or enterprise or the practice of a profession or provision of a service including its
administration and includes the offices of a Regulated Health Professional, but does not include a
personal service shop, a financial institution or a medical clinic.
"OPEN SPACE"
Means land that is left unoccupied by any buildings or structures but is used for one of the
following purposes:
(a) preservation of natural areas;
(b) preservation of environmentally sensitive areas; or
(c)
passive recreation uses.
"OUTDOOR DISPLAY"
Means the storage of merchandise, goods, inventory, materials or equipment or other items other
than in an outdoor display court, by locating them on a lot exterior to a building, and includes
material covered by canvas or other opaque or non-opaque material. The definition of outdoor
display shall not include outdoor storage.
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"OUTDOOR DISPLAY COURT"
Means an area of land where goods are displayed, which are available for sale to the general
public from a use located on the same lot but which shall not include outdoor storage.
"OUTDOOR PATIO"
Means an outdoor area associated with a permitted restaurant use, located on the same lot as the
restaurant, is used on a seasonal basis only and which shall provide tables and seating for patrons
to be served meals and/or refreshments for consumption on the premises. Patio seating shall not
exceed 50% of the capacity of the restaurant. An outdoor patio shall be used exclusively for
dining and shall not include any recreational or entertainment use or activity.
"OUTDOOR STORAGE"
Means the storage of merchandise, goods, inventory, materials or equipment or other items other
than in an outdoor display court, by locating them exterior to a building.
"PARKING LOT"
Means a building or structure or part of a building or structure or an open area containing parking
spaces, other than a street, for two or more motor vehicles, which is available for public use or as
an accommodation for clients, customers or residents and which has adjacent access to permit
ingress or egress of motor vehicles to a street or highway by means of driveways, aisles or
maneuvering areas where no parking or storage of motor vehicles is permitted.
"PARKING SPACE"
Means an area for the temporary parking, or storage of motor vehicles, and which has adequate
access to permit ingress and egress of a motor vehicle to and from a street or highway by means
of driveways, aisles, and or maneuvering areas.
"PAVED"
Means the use of tar and gravel, asphalt, Portland cement concrete, or other similar substances
such as brick, or stone to create a smooth surface, including bituminous penetration, but does not
include the use of clay, dirt, or slag.
"PERSON"
Includes an individual, association, firm, partnership, corporation, trust, incorporated company,
organization, trustee, or agent, and the heirs, executors, or other legal representatives of a person
to whom the context can apply according to law.
"PERSONAL SERVICE SHOP"
Means a building or part of a building in which persons are employed in furnishing direct services
and otherwise directly administering to the individual and personal needs of persons, and without
limiting the generality of the foregoing, may include such establishments as barber shops, beauty
parlours, salons, cosmetic application, massage therapy, physical therapy, spas, laser hair removal,
nail studios, tanning salons, hairdressing shops, shoe repair and shoe shining, tailoring and many
other services that relate to personal aesthetics, but excludes the manufacturing, processing or
fabrication of goods for retail or any form of distribution.
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"PIT"
Means an area of land where unconsolidated gravel, stone, sand, earth, clay, fill or other material
is being removed by means of an excavation to supply materials for construction, industrial or
manufacturing uses and may include, as an accessory use, facilities for the crushing, screening,
washing and storage of such materials.
"PLACE OF WORSHIP"
Means a building or structure used by religious group(s) for the practice of religious services.
"PLANNING ADVISORY COMMITTEE"
Means the Planning Advisory Committee established by Town Council;
"PORTABLE OR TEMPORARY GARAGE"
A structure that is designed to be collapsible in nature and is covered in plastic or fabric, used for
the purpose of temporarily storing vehicles and/or the covering of driveways.
"PRIVATE CLUB"
Means a non-profit, non-commercial organization which carries on cultural, social, athletic or
recreational activities and includes the premises of a fraternal or charitable organization.
"PUBLIC PARK"
An outdoor space characterized by its natural, historic or landscaped features, owned or controlled
by a public authority or by any board, commission or other authority established under any statute
of the Province of New Brunswick or Government of Canada; and includes playgrounds, playing
fields, outdoor skating rinks, community gardens, linear parks and trails, and other similar outdoor
recreational uses.
"QUARRY"
A place where clay, shale, limestone, sand, gravel, marl, marble, soil or other bedrock or non-
metallic materials are excavated for use by a public authority in the construction of a public works
project.
"REAR LOT LINE"
Means the lot line farthest from or opposite to the front lot line.
Figure 1.13: Example of a Rear Lot Line
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"REAR YARD"
A yard extending across the full width of a lot between the rear lot line and nearest wall of any
main building or structure on the lot; and "required rear yard" or "minimum rear yard" means the
minimum distance required by this By-law between a rear lot line and the nearest main wall of
any building or structure on the lot.
Figure 1.14: Example of Required Rear Yard
"RECREATION USE"
The use of land, buildings and structures for tennis courts, lawn bowling greens, indoor skating
rinks, outdoor skating rinks, curling rinks, athletic fields, golf courses, boat and yacht clubs,
picnic areas and swimming pools, and similar uses to the foregoing, together with necessary and
accessory buildings and structures, but does not include commercial camping grounds nor a track
for the racing of any form of motorized vehicles, or any animals.
"RECREATIONAL VEHICLE"
Means a unit intended as a temporary accommodation for travel, recreational or vacation use.
Such units include one or more of a travel trailer, camper, motor home, a tent trailer, slide-in
campers, chassis mounted campers, a boat, a boat trailer, containers used for transporting
recreational equipment whether or not occupied by such equipment and any other non-commercial
trailer.
"RECYCLING DEPOT"
Means a building that is used for the deposit, collection and handling of waste metal, paper, rags,
tires, bottles, or other materials that are to be delivered wholesale to other off site operations for
further processing, or salvage.
"RENTAL SUITE"
An additional dwelling unit contained within a single-family dwelling that features a separate
entrance from the main dwelling unit and is rented on a monthly basis/long-term to someone
outside of the family unit residing in the main dwelling.
"RESIDENTIAL CARE FACILITY"
Means a residential building or part of a building in which accommodation and nursing,
supervisory and/or physical personal care is provided, or is made available for more than three
persons with social health, legal, emotional, mental or physical disabilities or problems, and
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includes such facilities as are licensed by the Family Services Act, or by other provincial
legislation, but does not include any public or private hospital or sanatorium, or a jail, prison or
reformatory, or a hostel.
"RESOURCE EXTRACTION"
Means the removal (or mining) of resources from the land and includes sod farming, the
extraction of sand, gravel, clay, shale, limestone, or any other deposit for profit.
"RESTAURANT"
Means a building or any portion thereof designed or used primarily for the serving of, and
consumption of food by customers within such building or portion thereof, and includes a
cafeteria.
"RETAIL STORE"
Means a building or part of a building in which goods, wares, merchandise, substances, articles, or
things are offered for sale directly to the public.
"ROWHOUSE DWELLING"
Is synonymous with 'townhouse dwelling' and means a building that is divided vertically by
common walls into three or more dwelling units, each of which is located on a separate lot and
each of which has independent entrances to a front and rear yard immediately abutting the front
and rear walls of the unit.
Figure 1.54: Example of a Rowhouse Dwelling
"SALVAGE YARD"
Means a lot or premises for the storage, handling, or processing of and sale of scrap material, and
without limiting the generality of the foregoing, shall include waste paper, rags, used bicycles,
vehicles, tires, metal, or other scrap material or salvage.
"SCREENING"
Means the use of landscaping, fences, trees, or berms to visually and/or audibly separate areas or
uses.
"SECONDARY USE"
Means a use:
(a) other than a main or accessory use;
(b) that is secondary to a main use; and
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(c) that is conducted, unless otherwise provided (expressly or by definition) entirely within a
building containing the main use on the lot; other than a main or accessory use, permitted
in a building.
"SEMI-DETACHED DWELLING"
Means a building that is divided vertically by a common wall into two dwelling units side by side,
under one roof, and each of which is located on a separate lot and has a separate entrance from the
front yard.
"SENIOR CITIZEN HOUSING"
Means a multiple-unit dwelling designed primarily for older residents in need of close proximity
to urban amenities such as public transit services, retail, church, etc. and which includes common
area(s) where residents can socially interact and may also include such secondary uses within the
building as offices or medical clinics, personal service shops or a retail store and other similar
uses. Common areas shall consist of a space equal to at least ten percent (10%) of the total floor
area of each dwelling unit of which up to fifty percent (50%) may be exterior to the building.
"SERVICE SHOP"
Means a building or part of a building used for the sale and repair of household articles and
includes glass replacement shops, and electronic and appliance repair shops but does not include
industrial uses or manufacturing uses, automobile service stations, automobile repair shops or
heavy equipment repair shops.
"SHOPPING CENTRE"
Means a commercial development of at least 5,575 m2 (60,000 ft2) of land, consisting of one or
more business establishment(s), which is designed, developed, operated or controlled by a single
owner or tenant, or a group of owners or tenants containing such retail stores, service shops and
other establishments as permitted by this By-law, in a unitary type building or buildings at least
1,486 m2 (16,000 ft2) in size and characterized by the sharing of common parking lots and
driveways.
"SIDE LOT LINE"
Means a lot line extending from the street line to the rear of the lot or the line extending from the
front lot line to the rear lot line.
"SIDE YARD"
A yard extending between the front yard and the rear yard between a side lot line and the nearest
main wall of any building on the lot; and 'required side yard' or 'minimum side yard' means the
minimum distance required by this By-law between a side lot line and the nearest main wall of
any building or structure on the lot.
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Figure 1.16: Example of Required Side Yard
"SIDEWALK PATIO"
Means an outdoor patio located in part or entirely on a public road allowance or other Town
owned land for which an encroachment agreement or lease has been entered into with the Town.
"SIGN"
Means any structure, device, light, painting, or other representation or natural object that is used
to identify, advertise, or attract attention to any object, place activity, person, institution,
organization, firm, group, commodity, profession, enterprise, industry, or business, or which
displays or includes any letter, work, model, banner, flag, pennant, insignia, device, or
representation used as an announcement, direction, or advertisement, and which is intended to be
seen from off the premises or from a parking lot, except any signs that are affixed to the inside of
a window or glass door.
"SIGN, BILLBOARD"
Means a large sign affixed to the ground or a fascia sign that is not related to any business or use
located on the lot or premises on which it is located.
"SIGN, CANOPY"
Means a sign attached to or forming part of a permanent building projection, projecting or fixed
structural framework which extends outward from the exterior wall of a building. Canopy signs
include marquees.
"SIGN, DIRECTORY"
Means a sign located on a property with more than one establishment and which displays only a
listing of the names of these businesses or organizations without advertising copy, except a
business logogram.
"SIGN, FASCIA"
Means a sign, other than a roof sign or projecting sign, which is attached to and supported by a
wall of a building.
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"SIGN, FREESTANDING"
Means a sign, other than a portable sign, supported independently of a building and securely fixed
to the ground.
"SIGN, ILLUMINATED"
Means a sign lit internally with light(s) shining through a translucent or coloured material.
"SIGN, PORTABLE OR MOBILE"
Means a sign greater than 1 m2 (10.8 ft2) in sign area that is located on but not permanently
attached to the ground. It is capable of being easily relocated and holds a sign with one or more
faces featuring letters and/or symbols that can be changed manually or electronically through
adjustable characters, message panels or by other means.
"SIGN, PROJECTING"
Means any sign, other than a canopy sign, that is attached directly to a building wall, where the
sign face is not parallel to the wall it is attached to.
"SIGN, ROOF"
Means any sign erected upon, or directly above a roof, or on top of, or above the parapet of a
building.
"SIGN, SANDWICH BOARD"
Means a sign less than 1 m2 (10.8 ft2) in area which is constructed of two boards connecting at one
end and which can be readily taken on and off a site.
"SIGN AREA"
Means the area per side of the smallest triangle, square, rectangle, circle or semi-circle that can
wholly enclose the surface area of the sign. In the case of fascia sign(s) featuring individual letters
affixed to a building, sign area shall be the sum of the combined areas of the smallest triangles,
squares, rectangles, circles or semi-circles that can wholly enclose each individual letter.
"SIGN BOX"
Means a box contained within a freestanding or directory sign that contains the name, logo or
other insignia of a business or other use.
"SIGN FACE"
Means each individual side or face of a freestanding or directory, projecting, sandwich board,
portable or mobile sign(s).
"SIGHT TRIANGLE"
Means the triangular shaped area of land formed by measuring from the point of intersection of
street lines on a corner lot at a prescribed distance as required by this By-law.
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Figure 1.17: Example of a Sight Triangle
"SINGLE-FAMILY DWELLING"
Means a detached building or portion thereof, other than a tourist home, a mobile or mini-home,
travel trailer, or recreation vehicle designed and is used exclusively for residential purposes by
one (1) family that is larger than 40 m2 (430.6 ft2).
"STOREY"
Means that portion of a building included between the surface of any floor and the surface of the
floor next above it, or if there is no floor above it, then the space between such floor and the
ceiling next above it.
"STREET OR ROAD"
Means the whole and entire right-of-way of every highway, road, or road allowance vested in the
Government of Canada, Province of New Brunswick, or the Town of Florenceville-Bristol.
"STREET LINE"
Means the boundary line of a street or road right-of-way.
"STRUCTURE"
Means anything that is erected, built or constructed of parts joined together or any such erection
fixed to or supported by the soil or by any other structure. A structure shall include buildings,
walls, signs, fences exceeding 2 m (6.6 ft) in height and other similar erections. It does not
include utility lines or poles, traffic control devices, pavement, curbs, sidewalks, or statutory
notices.
"SWIMMING POOL"
A tank or other structure, including inflatable pools and artificially created bodies of water, at
least in part, the container of which is constructed of cement, plastic, fiberglass, concrete or
similar materials, located outdoors, having a depth of water greater than 0.5 m (1.6 ft) and
intended primarily for bathing, swimming, or diving, but does not include a natural, dug or
dammed pond primarily intended for aesthetic or agricultural purposes.
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"THEATRE"
Means any premises or part thereof where motion pictures or live performances are shown or held
but does not include an adult entertainment use.
"THROUGH LOT"
Means a lot bounded on two opposite sides by streets or highways provided. If any lot qualifies as
being both a corner lot and a through lot as defined herein, such lot shall be deemed to be a
corner lot for the purposes of this By-law.
Figure 1.18: Example of a Through Lot
"TOURIST HOME"
Any single-family dwelling operated to provide sleeping accommodation for the traveling public
or sleeping accommodation for the use of the public engaging in recreational activities, and
includes the services and facilities with which sleeping accommodation is provided.
"TOWN"
Means the Town of Florenceville-Bristol.
"TRADITIONAL BUILDING MATERIALS"
Materials consistent with construction techniques and architecture of the pre-World War Two era
and includes brick, masonry, brick or masonry veneer, glass, wood, shingle or stucco; but does not
include vinyl, plastic, metallic or enameled metallic finishes.
"TRIPLEX DWELLING"
Means a detached building divided horizontally into three dwelling units.
"USE"
Means the purpose for which land or a building or structure, or any combination thereof, is
designated, arranged, erected, altered, intended, occupied or maintained.
"UTILITY USE"
Any component of a water, sewerage, storm water, solid waste disposal, cable television, electric
power, natural gas, or telecommunication system.
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"VEHICLE"
Means a motor vehicle, traction engine, farm tractor, road building machine and any vehicle
drawn, propelled or driven by any kind of power, including muscular power, but not including the
cars or electric or steam railways running only upon rails.
"VETERINARY CLINIC"
A facility for the medical care and treatment of animals and includes provisions for their
overnight accommodation but does not include any outdoor facilities or structures such as
kennels, pet pen/runs and enclosures.
"WAREHOUSE"
A building used primarily for the storage of goods and materials and may include the wholesaling
and distribution of goods.
"WATERCOURSE"
The full width and length, including the bed, banks, sides and shoreline, or any part of a river,
creek, stream, spring, brook, lake, pond, reservoir, canal, ditch, or other natural or artificial
channel, open to the atmosphere, the primary function of which is to convey or contain water
whether the flow is continuous or not.
"WHOLESALE ESTABLISHMENT"
A building in which commodities in quantity are offered for sale mainly to industrial, institutional,
and commercial users, or to retailers or other merchants mainly for resale or business use.
"YARD"
An open, uncovered space on a lot appurtenant to a building, except a court bounded on two or
more sides by buildings. In determining yard measurements, the minimum horizontal distance
between such building and the respective lot lines shall be used.
"ZONE"
Means a designated area of land use shown on the Zoning Map (Schedules "A", "B" and "C") of
this By-law.
"ZONING BY-LAW"
Means the Zoning By-law of the Town of Florenceville-Bristol and any amendments thereto.
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2.0
ADMINISTRATIVE AND INTERPRETATIVE CLAUSES
2.1
Zoning Classifications
(1)
For the purposes of this By-law, the Town of Florenceville-Bristol is divided into zones as
delineated on the maps attached hereto, in the following manner:
(a)
Schedule 'A' entitled "Zoning Map Key Plan"
(b)
Schedule 'B' entitled "Ward 1 Zoning Map"
(c)
Schedule 'C' entitled "Ward 2 Zoning Map"
(2)
The zones mentioned in subsection (1) are classified and referred to as described in the
following table:
Table 2.1: Zone Classifications
Short Form
Zone Designation
R-1 Zone
Single-Family Residential
R-2 Zone
Residential Mix
R-3 Zone
Multiple Unit Residential
R-4 Zone
Land Leased Community
C-1 Zone
Neighborhood Commercial
C-2 Zone
General Commercial
C-3 Zone
Highway Commercial
C-4 Zone
Business Park
MU-1 Zone
Mixed-use Main Street
MU-2 Zone
Mixed-use Core
I-1 Zone
Light Industrial
I-2 Zone
Heavy Industrial
INST Zone
Institutional
AR Zone
Agricultural Reserve
RU
Rural Use
OS Zone
Parks and Open Space Zone
(3)
R-1, R-2, R-3, and R-4 zones, collectively, are referred to as Residential Zones.
(4)
C-1, C-2, C-3, C-4, MU-1 and MU-2 zones, collectively, are referred to as Commercial
Zones.
(5)
I-1 and I-2 zones are collectively referred to as Industrial Zones.
(6)
INST can be referred to as Institutional Zones.
(7)
AR, RU and OS zone are collectively referred to as Special Zones.
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2.2
Interpretation
2.2.1 Zone Boundaries
(1)
A zone boundary shown approximately at a lot line is deemed to be at the boundary of the
lot line.
(2)
A zone boundary shown following approximately the top of a bank of a shoreline, creek,
stream or channel is deemed to be at the top of the bank and moves with any change in the
bank.
(3)
Where zone boundaries are indicated as following an existing or a proposed street line, alley
line, public utility right-of-way or an easement line, the zone boundary shall be constructed
as the boundaries of such streets, alleys, right-of-ways or easements.
(4)
In the event that a dedicated street or road, as delineated on the zoning map, hereby, is
closed, the property formerly within such street or road must be included within the zone of
the adjoining property on either side of such closed street or road. Where a closed street or
road is the boundary between two or more different zones, the new boundary shall be the
former centerline of the closed street.
(5)
Where an electrical transmission line right-of-way or watercourse is included on the Zoning
Map and serves as a boundary between two or more different zones, a line midway on such
right-of-way or watercourse and extending in the general direction of the long division
thereof shall be considered the boundary between zones unless specifically indicated
otherwise.
(6)
Where none of the above provisions apply, and where appropriate, the zone boundary shall
be scaled from the Zoning Map.
2.2.2 Metric Measurements
For the purposes of convenience, the measurements contained in this By-law include both
Metric and Imperial, of which only the Metric numbers shall be the measurements formally
adopted in this By-law. Measurements may be abbreviated in the following manner:
(a)
metres or m;
(b)
feet or ft;
(c)
square metres or m2;
(d)
square feet or ft2;
(e)
inches or in;
(f)
centimetres or cm; and
(g)
millimetres or mm.
2.2.3 Uses Permitted
Uses permitted within any zone shall be determined as follows:
(a) If a use is not listed as a use permitted within any zone, it shall be deemed to be
prohibited in that zone;
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(b)
If any use is listed subject to any special conditions or requirements, it shall be
permitted subject to the fulfilling of such conditions or requirements; and
(c)
If a proposed use is not specifically defined or listed, it must be reviewed by Town
Staff and the Planning Advisory Committee to determine whether it is similar or
compatible with other uses in that specific Zone.
2.2.4 Interpretation in this By-law
(1)
In this By-law:
(a)
the words "shall" and "must" are mandatory and not permissive;
(b) the word "may" is to be construed as permissive and empowering;
(c)
the word "required" is to be construed as a compulsory obligation;
(b)
words used in the present tense shall include the future;
(c)
words used in the singular number shall include the plural and words used in the
plural number shall include the singular;
(d)
words using masculine gender include feminine gender and words using feminine
gender include masculine gender; and
(e)
words in either gender include corporations.
2.2.5 The Use of Italics and Underlining
(1)
The use of italics in the Zoning By-law identifies words that have specific definitions under
Section 1.2 and is intended to make the By-law easier to use and shall not be considered to
impact the use, intent, implication, application or definition of any word contained within
this By-law.
(2)
Should a word with a definition under Section 1.2 of this By-law not be italicized, or vice
versa, it shall not impact the required compliance with any standard, provision or
requirement of this By-law.
(3)
Words that have been underlined and italicized indicate a specific piece of Federal or
Provincial legislation.
2.2.6 Images Within this By-law
Images contained within this By-law are examples intended for the purposes of clarification
and shall not be considered part of this By-law.
2.3
Powers of Council
(1)
No building may be erected in the municipality where in the opinion of the Council,
satisfactory arrangements have not been made for the supply of electrical power, water,
sewerage, streets and other services and facilities.
(2)
Where, in its opinion, a building or structure is dilapidated, dangerous or unsightly, Council
may acquire the parcel of land that such building or structure is located.
(3)
Subject to subsection (4), Council may, within any zone mentioned in Section 2.1:
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(a) designate land to be used for the location or erection at any installation for the supply
of electricity, telecommunication services, water, sanitary and storm drainage, and
the disposal of sanitary wastes; and
(b) use the land so designated for the erection, installation or use mentioned in clause
2.3(3)(a).
(4)
No land may be designated or used for the purposes of 2.3(3)(a) unless, in the opinion of the
Council such land is essential to the operation of the service concerned.
(5)
A non-conforming use may continue notwithstanding the Zoning By-law but, where a
Zoning By-law makes a property non-conforming the Community Planning Act shall apply.
The provisions of this section shall not exempt the owner of a non-conforming use from the
obligation for proper maintenance and minimum occupancy standards of such use. Council
may also impose standards regarding the maintenance of a non-conforming building or
structure in accordance with the Community Planning Act.
2.4
Special Powers of the Planning Advisory Committee
(1)
The Planning Advisory Committee is an appointed body under Part 2 of the Community
Planning Act. The role of the Planning Advisory Committee is to advise and make
recommendations to Council on matters of community planning in accordance with Part 2 of
the Community Planning Act.
(2)
No building or structure may be placed, erected or altered on any site where it would
otherwise be permitted under this By-law when, in the opinion of the Planning Advisory
Committee, the site is marshy, subject to flooding, within a flood plain, excessively steep or
otherwise unsuitable by virtue of its soil or topography.
(3)
The Planning Advisory Committee may, subject to such terms and conditions as it considers
fit:
(a)
authorize, for a temporary period in accordance with the Community Planning Act, a
development otherwise prohibited by this By-law; and
(b) require the termination or removal of a development authorized under clause (a) at
the end of the authorized period.
(4)
Where uses are listed as being subject to terms and conditions (conditional uses) that may be
imposed by the Planning Advisory Committee, no building permit for such use shall be
issued unless written application and supporting information for such use has been
submitted to the Planning Advisory Committee and the Planning Advisory Committee has
reviewed the application and approved it as proposed or subject to specific terms and
conditions or has refused the approval where compliance with reasonable terms and
conditions cannot reasonably be expected. Terms and conditions so imposed shall be
limited to those considered necessary by the Planning Advisory Committee to protect:
(a)
properties within the zone or in abutting zones;
(b)
the health, safety and welfare of the general public; and
(c)
the integrity of the objectives and policies established in the Municipal Development
Plan.
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(5)
The Planning Advisory Committee may permit, subject to such terms and conditions as it
considers fit:
(a) a proposed use of land or a building that is otherwise not permitted under the Zoning
By-law if, in its opinion, the proposed use is sufficiently similar to or compatible
with a use permitted in the By-law for the zone in which the land or building is
situated; or
(b) such reasonable variance from the requirements of the Zoning By-law as provided
by the Community Planning Act as, in its opinion, is desirable for the development of
a parcel of land or a building or structure and is in accord with the general intent of
the By-law and any plan or statement affecting such development.
(6)
Where requested to permit a proposed use or variance under subsections (3), (4) and (5)
above, the Planning Advisory Committee may give notice to owners of land in the
immediate neighborhood:
(a) describing the land;
(b)
describing the use proposed or variance requested; and
(c) giving the right to make representation to the Planning Advisory Committee in
connection therewith within the time limit set out in the notice.
(7)
Where permitted under the Community Planning Act, powers of the Planning Advisory
Committee may be delegated to the Development Officer or his/her delegate.
2.5
Amendments
(1)
A person who seeks to have this By-law amended:
(a) must address a written and signed application to Council;
(b) must, where the application involves rezoning an area of land from one type of
zoning to another, include therewith:
(i)
a statement as to the ownership thereof;
(ii) the signature of at least one owner of each parcel of land therein; and
(c) shall pay a fee as outlined in the User Fee Policy, payable to the Town of
Florenceville-Bristol.
(2)
The Council may, if it deems fit, return all or any part of the fee mentioned in subsection (1).
(3)
An application under this section shall include such information as may be required by the
Council or the Planning Advisory Committee for the purpose of adequately assessing the
desirability of the proposal.
(4)
Council may refuse to consider an application under this section that seeks to rezone an area
of land from one type of zone to another that has not been signed by one or more owners of
each property.
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(5)
Before giving its views to the Council with respect to an application under this section, the
Planning Advisory Committee may carry out such investigation, as it deems necessary.
(6)
Where an application for rezoning of a property has been refused within the previous twelve
months, Council will not entertain an application to rezone the same property unless the
proposed use is substantially different from the previous application or unless Council is of
the opinion that there is valid new evidence or a change in conditions.
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3.0
GENERAL PROVISIONS
3.1
Licenses, Permits and Compliance With Other By-Laws
Nothing in this By-law shall exempt any person from complying with the requirements of
the Building By-law or any other By-law in force within the Town, or to obtain any license,
permission, permit, authority, or approval required by any other By-law of the Town, or
statute and regulation of the Province of New Brunswick or Government of Canada. Where
the provisions in this By-law conflict with those of any other municipal, provincial or
federal regulation, By-law or code, the more stringent requirement shall prevail.
3.2
Sewage Disposal
(1)
Where municipal central sewerage services are available, no building permit shall be issued
except where the development is provided with such a service.
(2)
Where any lot is developed with a septic tank and disposal field, the minimum requirements
of this By-law shall apply for the purpose of obtaining a building permit. For the purpose of
obtaining a permit for the installation of a septic tank, the regulations of the relevant
department of the provincial government shall prevail.
3.3
Frontage on Street
No building permit shall be issued except where the lot intended to be used, or upon which
the building or structure is to be erected, abuts and fronts upon a public street or road, or a
legally created private street or road except where specifically provided for within this By-
law.
3.4
One Main Building on a Lot
(1)
Except where provided for in this By-law, no more than one main building may be placed or
erected on a lot and no building or structure may be altered to become a second main
building on a lot.
(2)
Notwithstanding 3.4(1), within the R-3 (Multiple-Unit Residential) Zone, R-4 (Land Leased
Community) Zone, C-2 (General Commercial) Zone, C-3 (Highway Commercial) Zone and
all industrial zones more than one building on the lot may be permitted subject to terms and
conditions as the Planning Advisory Committee deems appropriate and the Planning
Advisory Committee may prohibit the use where compliance with the terms and conditions
imposed cannot reasonably be expected.
(3)
Where more than one main building is permitted on a lot, except in the R-4 (Land Leased
Community) Zone, the minimum separation between main buildings on the same lot is 8 m
(26.2 ft).
(4)
Notwithstanding 3.4(1), a garden suite is considered an accessory building and not a second
main building.
3.5
Existing Buildings
Where a building has been erected on or before the effective date of this By-law, on a
property having less than the minimum lot area, frontage, front or flankage yard, side yard
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or rear yard required by this By-law, the building may be enlarged, reconstructed, repaired,
or renovated provided that:
(a) the enlargement, reconstruction, repair or renovation does not further reduce the
front, side, flankage, or rear yard that does not conform to this By-law; and
(b) all other applicable provisions of this By-law are satisfied.
3.6
Reduced Frontage on a Curve
Where the front lot line of any lot is a curved line or when the side lot lines of a lot are not
parallel, a minimum lot width that is equal to the minimum lot frontage required by this By-
law shall be required in lieu of such minimum lot frontage. For the purpose of this sub-
section, such minimum lot width shall be measured along a horizontal line between the side
lot lines, whose end points are defined by the intersection of said side lot lines with the
minimum front or flankage yard as required by the applicable provision of this By-law.
3.7
Sight Triangle
On a corner lot a fence, sign, hedge, shrub, bush, or tree, or any other structure or building
must not be erected or permitted to grow to a height more than 1 m (3.3 ft) above grade of
the streets that abut the lot within the triangular area included within the street lines for a
distance of 4.6 m (15.1 ft) from their point of intersection.
Figure 3.1: Example of the Sight Triangle Requirement
3.8
Distance From Watercourses and Wetlands
No development, building or structure shall be permitted within 30 m (98.4 ft) of a
watercourse, provincially regulated wetland or water body unless a Watercourse and
Wetland Alteration Permit has been issued by the Department of Environment and no
building or structure except as otherwise permitted in this By-law shall be located within 10
m (32.8 ft) of a watercourse, provincially regulated wetland or water body.
3.9
Accessory Buildings or Structures Erected Prior to Main Building
An accessory building or structure may be placed or erected on a lot prior to the placement
or erection of the main building or structure if:
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(a)
a building permit for the main building or structure is obtained first;
(b)
the main building or structure will be completed within one year from the date of the
issuing of the building permit therefore; and
(c) the accessory building or structure is located as indicated on the plot plan.
3.10
Vehicle Bodies
A motor vehicle, commercial vehicle, tractor trailer, recreational vehicles and equipment,
tractor engine, container designed for commercial transport, farm tractor, road building
machine and any vehicle drawn, propelled or driven by any kind of power, notwithstanding
its wheels have been removed, shall not be used, in any zone, as a dwelling unit or
commercial main building nor be used as an accessory building or structure in any
residential zone except as specifically permitted by other legislation and this By-law.
3.11
Height Exceptions
The height regulations of this By-law do not apply to church spires, water tanks, elevator
enclosures, silos, flagpoles, television, or radio antennae, air conditioning units, ventilators,
skylights, barns, chimneys, clock towers, windmills, monuments, lightning rods, or solar
collectors attached to the principle structures except where specifically regulated, provided
that such buildings or structures conform to all restrictions of other Government authorities
having jurisdiction.
3.12
Setbacks
(1)
No building shall be erected or altered so that it is closer to a street line than 6 m (19.7 ft)
unless otherwise provided for in this By-law.
(2)
Notwithstanding 3.12(1), a building may be placed, erected, or altered so that it is as close
to the street line as:
(a) where there is a building on both sides and within 30 m (98.4 ft) thereof, the mean of
the distance between the street line and the adjacent buildings; and
(b) where there is a building within 30 m (98.4 ft) of one side only thereof, the mean of
the front or flankage yard distance and the distance between the street line and the
adjacent building.
3.13
Yards
Notwithstanding any other provision of this By-law, with respect to a corner or through lot
in a Commercial or Industrial Zone abutting a Residential Zone, no building or structure
may be placed, erected or altered thereon so that it has a front yard on the street along
which the Residential Zone is located, wherever possible.
3.14
Prohibition Regarding Yards and Other Open Space
No portion of any yard or other open space on a lot may:
(a) be considered as providing a yard or open space for a building or structure on
another lot; or
(b) if such portion is required by this By-law in respect of an existing building or
structure, be considered as providing a yard or open space for another building or
structure on the same lot.
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3.15
Building and Structure Projections / Permitted Encroachments
The requirements of this By-law with respect to the placing, erecting or altering of a
building or structure in relation to a lot line or street line apply to all parts of the building or
structure except for:
(a) cornices, eaves and steps that project not more than 0.61 m (2 ft);
(b) sills, leaders, belt courses and similar ornamental or structural features that project
not more than 152.4 mm (6 in);
(c) the ordinary projection of skylights;
(d) window or door awnings which project not more than 1.02 m (3.3 ft);
(e) open or lattice-enclosed fire balconies or fire escapes which project not more than
1.02 m (3.3 ft);
(f) chimneys, smoke stacks or flues, which project not more than 0.457 m (1.5 ft);
(g) balconies of upper stories of multiple-unit dwellings or buildings provided they are
not enclosed above a parapet of normal height, which project not more than 1.83 m
(6 ft) into a front or rear yard or not more than 1.22 m (4 ft) into a side yard;
(h) floors in the main building above the first floor, which project not more than 1.83 m
(6 ft) into a front yard or rear yard or not more than 1.22 m (4 ft) into a side yard;
(i)
wheelchair ramps and lifting ramps may be located in any yard;
(j)
steps providing access at the first storey level may be located in any front, rear or
flankage yard;
(k)
window bays and solar collectors may be permitted to project not more than 0.9 m
(2.95 ft) from the main wall into a required front, rear or flankage yard;
(l)
swimming pools may encroach within 1.2 m (3.9 ft) of the property line in any rear
or side yard but never encroach on any required front or flankage yard;
(m) air conditioning or heat pump units may project up to 0.61 m (2 ft) into a required
side yard; and
(n) exterior staircases providing access to the basement or any floor above the first
storey, balconies, porches, verandas and sundecks shall be permitted to project a
maximum of 2 m (6.6 ft) into any required front, rear or flankage yard; and
(o)
no exterior staircase giving access to any floor above the first storey level shall be
permitted between the façade of any building and the street line, except subject to
such terms and conditions as the Planning Advisory Committee considers necessary.
3.16
Satellite Dishes and Communication Towers
(1)
Satellite dishes greater than 1.5 m (4.9 ft) in diameter shall not be permitted between the
main building and the street line.
(2)
The use of land for purposes of a communication tower shall be considered a development
subject to such terms and conditions as the Planning Advisory Committee deems appropriate
and the Planning Advisory Committee may prohibit the use where compliance with the terms
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and conditions cannot be reasonably expected, and furthermore shall be subject to the
following provisions:
(a)
communication towers shall not be permitted on that portion of a roof of a building
in or abutting a residential zone facing the street;
(b)
communication towers within or abutting a residential zone shall be subject to all
accessory building provisions of this By-law;
(c)
where, in the opinion of the Planning Advisory Committee, there is a risk of injury to
occupiers or others, communication towers shall be equipped with appropriate anti-
climb devices or such other equipment as required to restrict the access of the public
thereto; and
(d)
the Planning Advisory Committee may require that all communication towers be
appropriately designed, painted and landscaping be properly undertaken to minimize
the impact of the appearance of such communication towers on the adjacent
properties.
3.17
Outdoor Storage and Outdoor Display Courts
(1)
Subject to 3.17(2), where any permitted use involves the outdoor storage, other than an
outdoor display court, the land used for storage shall be screened from the street by an
opaque fence not less than 2 m (6.6 ft) and not more than 2.5 m (8.2 ft) in height, and no
material shall be piled higher than the height of the surrounding fence.
(2)
Notwithstanding 3.17(1), where a zone contains specific requirements with respect to
outdoor storage, the specific provisions of the zone shall apply.
(3)
No development shall be permitted, nor shall any land be used for the purposes of outdoor
display of goods or merchandise, unless an outdoor display court is expressly permitted, by
definition or otherwise.
(4)
An outdoor display court shall be separated from any public street by a landscaped strip of
at least 2 m (6.6 ft) horizontal depth.
3.18
Lesser Horizontal Dimension
No main building may be placed, erected or altered on a lot so that the lesser horizontal
dimension thereof is less than 4.88 m (16 ft).
3.19
Finished Floor Above Grade
(1)
Subject to 3.19(2), where any habitable building is to be constructed within 30 m (98.4 ft) of
a public street, the top of the foundation wall shall not be less than 0.5 m (1.6 ft) above the
crown of the street to which the development gains access.
(2)
Notwithstanding 3.19(1) where the elevation of the lot to be developed is significantly
below the adjacent street or road elevation and a building is to be constructed within 30 m
(98.4 ft) of a public street, a lot-grading plan shall be prepared showing:
(a)
existing and final ground elevations;
(b)
floor and top of foundation wall elevations of any buildings and structures;
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(c)
all measures for the control and management of surface water;
(d)
all vegetation to be preserved; and
(e)
areas to be landscaped.
(3)
The lot-grading plan shall provide a means of directing surface drainage to an acceptable
storm sewer system or other acceptable dispersal point.
3.20
Keeping of Livestock
With the exception of the AR (Agricultural and Rural) Zone or I-2 (Heavy Industrial) Zone,
no land or any portion thereof may be used for the keeping or breeding of livestock.
3.21
Garbage Storage
For any commercial, industrial, or multiple-unit dwelling use where any area of the lot
exterior to the building is to be used for the storage of garbage, including areas for the
location of compactors or commercial waste bins, such areas shall conform to the following
standards:
(a) be fully screened by a surrounding opaque fence at least 2 m (6.56 ft) in height;
(b)
no garbage storage area shall be located in any required yard, nor shall it be located
within 6 m (19.7 ft) of a public street or within 2 m (6.56 ft) of a residential use;
(c)
no garbage shall be stored between a building or structure and a public street;
(d)
no garbage shall be stored in any garbage storage area so as to exceed the height of
the surrounding fence as described in 3.21(a); and
(e)
materials used for screening must surround the garbage storage unit or dumpster and
must be made of materials similar to that of the building.
3.22
Lighting or Illumination Devices
No person or business can erect any illuminated sign or illuminate an area outside any
building unless such illumination is directed away from adjoining properties and any
adjacent streets.
3.23
Enclosures for Swimming Pools
(1)
No land may be used for purposes of a swimming pool capable of containing a depth in
excess of 0.6 m (2 ft) of water unless the swimming pool is enclosed by a fence, or by a wall
of a building or structure, or by a combination of walls and fences, at least 1.5 m (4.9 ft) in
height and meeting the requirements of this section.
(2)
Where a portion of a wall of a building forms part of an enclosure mentioned in 3.23(1),
(a)
no main or service entrance to the building may be located therein; and
(b) any door therein, other than a door to a dwelling or dwelling unit, shall be self-
closing and equipped with a self-latching device at least 1.3 m (4.3 ft) above the
bottom of the door.
(3)
An enclosure mentioned in 3.23(1) shall not have rails, bracing or other attachments on the
outside thereof that would facilitate climbing.
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(4)
A fence mentioned in 3.23(1):
(a) must be made of chain link construction, with galvanized, vinyl or other CSA-
approved coating, or of wood or other materials in the manner described in 3.23(5);
(b) must not be electrified or incorporate barbed wire or other dangerous material; and
(c) must be located:
(i)
at least 1.22 m (4 ft) from the edge of the swimming pool;
(ii) at least 1.22 m (4 ft) from anything that would facilitate its being climbed
from the outside; and
(iii) so that the bottom of the fence be elevated by no more than 5.5 cm (2 in)
above grade/ground level.
(5)
The design and construction of a fence under this section shall provide:
(a) in the case of chain link construction,
(i) no greater than 38 mm (1.5 in) diamond mesh,
(ii) steel wire not less than No. 12 gauge, or a minimum No. 14 gauge covered
with vinyl or other approved coating forming a total thickness equivalent to
No.12 gauge wire, and
(iii) at least 38 mm (1.5 in) diameter steel posts, set below frost, and spaced not
more than 2.5 m (8.2 ft) apart, with a top horizontal rail of at least 32 mm
(1.26 in) diameter steel.
(b) in the case of wood construction,
(i) vertical boarding, not less than 19 mm x 89 mm (0.75 in x 3.5 in) actual
dimensions spaced not more than 4 cm (1.6 in) apart, attached to supporting
members and arranged in such a manner as not to facilitate climbing on the
outside; and
(ii) supporting wood posts at least 10 cm (3.9 in) square or round, set below frost
and spaced not more than 2.5 m (8.2 ft) apart, with the portion below grade
treated with a wood preservative, and with a top horizontal rail of at least 38
mm x 140 mm (1.5 in x 5.5 in) actual dimensions; and
(c) in the case of construction with materials and in a manner other than described in this
subsection, rigidity equal to that provided thereby.
(6)
Gates forming part of an enclosure mentioned in 3.23(1):
(a)
must be equivalent to the fence in content, manner of construction and height;
(b)
must be supported on substantial hinges; and
(c)
must be self-closing and equipped with a self-latching device at least 1.3 m (4.3 ft)
above the bottom of the gate.
(7)
The vertical walls of a permanent above-ground swimming pool, can be used as part of a
swimming pool enclosure provided that the vertical walls, including additional fencing at the
top of the entire walls, are at least 1.52 m (5 ft) in height above finished ground level and do
not possess any horizontal members that may facilitate climbing. The ladder area, which
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provides access to the aboveground swimming pool, must be enclosed by a swimming pool
enclosure as defined within this section.
(8)
No swimming pool enclosure may be located within the front or flankage yard of a lot.
(9)
No water shall be placed in the pool until a Building Inspector has inspected the completed
swimming pool enclosure.
(10)
The installation of a swimming pool and/or enclosure is not to alter the existing grade or
drainage pattern unless otherwise approved by the Town.
(11)
No person is to alter or replace a swimming pool enclosure without a permit.
(12)
No person shall allow sections of the swimming pool enclosure to be removed or become
dilapidated so that in no longer conforms to this By-law; and
(13)
No person is to allow materials to be placed, piled, attached, hung or leaned against or near
the swimming pool enclosure that could facilitate the climbing of the enclosure or diminish
the structural integrity of the enclosure.
3.24
Power Lines Over Swimming Pool
No overhead electrical power line shall be placed over the area of a swimming pool enclosed
by a fence or structure as provided in section 3.23. Similarly, no swimming pool or
swimming pool enclosure can be placed, erected or altered so that is located underneath an
existing overhead electrical power line.
3.25
Fences
(1)
No fence shall be located:
(a) within 0.15 m (0.5 ft) of a lot line in the case of fence of chain link construction; or
(b) within 0.6 m (2 ft) of a lot line in the case of any fence other than one of chain link
construction.
(2)
Notwithstanding 3.25(1) or any other provision of this By-law, a fence may be placed or
located in any required yard, however:
(a) Except for a security fence of chain link construction in any Commercial, Industrial,
Institutional or Special Zone, no fence located within the required front and flankage
yard shall exceed 1 m (3.3 ft) in height.
(b) No fence shall exceed in height:
(i)
2 m (6.6 ft) in any Residential Zone; or
(ii) 2.5 m (8.2 ft) in any other zone.
(c) No fence in any Residential Zone shall incorporate barbed wire or other sharp
dangerous material in its construction.
(d) Except for a fence in an AR (Agricultural and Rural) Zone designed for the
confinement of livestock or farm animals, no fence shall be electrified.
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3.26
Stripping of Topsoil
(1)
Subject to subsections (2) and (3), no person may strip, excavate or otherwise remove
topsoil for sale or for use from a lot or other parcel of land.
(2)
Where, in connection with the construction of a building or structure, there is an excess of
topsoil other than that required for grading and landscaping on the lot, such excess may be
removed for sale or for use.
(3)
Notwithstanding subsection (1), the farming of sod may be carried out where the owner of
the land has entered into an agreement with the Council making arrangements satisfactory to
the Council for rehabilitation of the land.
3.27
Excavation
(1)
No person may undertake or continue the excavation of sand, gravel, clay, shale, limestone
or other deposit for purposes of the sale or other commercial use of the excavated material
unless the use of a pit or quarry is permitted within the zone.
(2)
In addition to the information required for the zoning amendment under Section 2.5, the
following information shall be provided to Council:
(a) the name and address of the applicant and the location of the proposed excavation;
(b) a plan drawn to a scale not less than 1:1000 indicating the boundaries of the land
involved in the proposal and the boundaries of that part proposed to be excavated;
(c) indicate the proposed base or lowest level of the proposed excavation;
(d) the means to be employed by that person named in the proposed permit to maintain
accesses to the excavation, and public streets over which excavated materials are
transported, in a dust-free condition by paving, sweeping, or the use of calcium
chloride;
(e)
the anticipated date of commencement of work involved in the excavation; and
(f)
a proposal for rehabilitation of the site of the excavation as provided for herein and
the proposed the lime limit therefore.
(3)
Operation of the use under this section is subject to the following terms and conditions:
(a) that no excavation take place below the base agreed to pursuant to clause 3.27(2)(c);
(b) that accesses to the excavation and public streets over which excavated material is
transported are maintained by the person named in the permit in a dust-free
condition, as by paving, sweeping or the use of calcium chloride;
(c) that the excavation, and any work related thereto, is carried on only between the
hours of 7:00 a.m. and 8:00 p.m. and only on days other than Sundays and holidays
as defined by the Interpretation Act;
(d) that no operation in relation to the excavation is conducted in such a manner as:
(i)
to be apt to create a hazard to human life, life, to cause injury to a person or
to damage adjoining property,
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(ii) to permit ponding of water in excess of 0.61 m (2 ft) in depth,
(iii) to lower the water table on neighbouring properties, or
(iv) to prejudice proposed or required rehabilitation of the land.
(e) that adequate measures are taken to prevent surface water from damaging the face of
the excavation;
(f) that neither the top or toe of the slope of the excavation, or any building or structure,
is within 15.2 m (49.9 ft) of an abutting property line;
(g) that, annually at the end of operations for the summer, the slope of the excavation is
not steeper then 1.5 Horizontal to 1 Vertical for the full depth thereof; and
(h)
that the land of the site of the excavation is rehabilitated as provided herein.
(4)
Rehabilitation mentioned in 3.27(3)(h) shall be completed by the owner and include the
following:
(a) where an excavation is over 6.1 m (20 ft) deep, a terrace shall be provided not less
than 6.1 m (20 ft) in width at each 6.1 m (20 ft) interval of the depth;
(b) except for terraces provided pursuant to clause (a), slopes of the excavation shall be
not steeper than 1.5 Horizontal to 1 Vertical;
(c) all plant equipment, buildings or structures, placed or erected on the site for
purposes of the excavation shall be removed;
(d) all stock piles, earth, sand, gravel or other excavated material shall be removed from
the site, backfilled into the excavation where feasible, or brought to a common grade
with the rest of the land; and
(e) the site shall be cleared of debris and, except for areas under water or on rock faces,
covered with a layer of soil, capable of supporting vegetation, to a depth of at least
152 mm (6 in) and seeded with grass or other ground cover to prevent erosion.
(5)
Where an excavation of 1 m (3.3 ft) or more has occurred on a site for the purpose of a use,
other than a pit or quarry, and has not been either filled in or developed over within 12
months, it shall be rehabilitated by the owner in the following manner:
(a)
the excavated area shall be cleared of all debris and brought to a common grade with
the rest of the surrounding land; and
(b)
the excavated area shall be covered in a layer of soil to a depth of at least 152 mm (6
in) and seeded with grass or other ground cover to prevent erosion.
(6)
Where an owner mentioned in 3.27(4) and 3.27(5) fails to meet the requirements of that
subsection, the Council may cause the required rehabilitation to be done and may recover all
cost connected therewith from the owner.
3.28
Queuing Spaces
Queuing spaces must be provided for drive-thru businesses (including drive-thru
restaurants, car washes, gas bars, automobile service stations and drive-in business), as
follows:
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(a) for drive-thru businesses, including drive-thru restaurants, financial institutions and
car washes:
(i)
six (6) in-bound queuing spaces shall be provided for vehicles approaching
the drive-up service window; and
(ii) one (1) outbound queuing space shall be provided on the exit side of each
service position and this space shall be located so as not to interfere with
service to the next vehicle; and
(b) for drive-in businesses, including automobile service stations, gas bars and
automobile repair shops:
(i) five (5) in-bound spaces shall be provided; and
(ii) one (1) out-bound space shall be provided.
(c) all queuing spaces shall be a minimum of 6.5 m (21.3 ft) long and 3 m (9.8 ft) wide;
and
(d)
queuing lanes shall provide sufficient space for turning and maneuvering and shall
not occupy any portion of a designated fire lane.
3.29
Parking Requirements
(1)
For every building or structure to be erected or enlarged, off-street parking located within
the same zone as the use and having unobstructed access to a public street shall be provided
and maintained in conformity with Table 3.29, except where any parking requirement is
specifically included elsewhere in this By-law.
(2)
Where the total required spaces for any use is not a whole number, the total spaces required
by this sub-section, or by other specific sections, shall be the next largest whole number.
(3)
Subject to subsection (4), the owner of each building or structure erected, extended or
altered, in whole or in part, for any of the usages listed herein, shall provide and maintain on
lands appurtenant to, or within 152.4 m (500 ft) of, such building or structure not less than
the following number of accessible off-street vehicular parking spaces:
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Table 3.29: Schedule of Minimum Parking Requirements
USE
PARKING SPACES REQUIRED
Any use not specified below
1 space per 30 m2 (322.9 ft2) of gross floor area
Any dwelling except as specified below
1 space per dwelling unit
Amusement
places,
cultural
uses,
entertainment uses, places of worship and
recreation uses
1 space for each 5 persons comprising a
capacity audience or congregation therein
Bed
and
breakfast
establishments,
boarding and rooming houses
1 space per guest room in addition to the
required parking spaces of the single-family
dwelling
Day care centres
1 space per 25 m2 (269.1 ft2) of gross floor area
Funeral homes
The greater of 15 spaces per viewing room or,
where a chapel is provided or 1 space per 4
fixed seats
Home day cares
1 space per 5 children to which care is provided
Home Occupations
2 spaces in addition to the required parking of
the dwelling
Hospitals, residential care facilities, long
term care facilities and group homes
The greater of 1 space per 2 beds or 1 space per
37 m2 (400 ft2) of gross floor area
Hotels or motels
1 space per guest room
Industrial
and
manufacturing
uses
including recycling depots and warehouses
The greater of 1 space per 2 employees on the
largest shift or 2 spaces per 100 m2 (1,076.4 ft2)
of gross floor area
Institutional uses not otherwise defined
The greater of 1 space per 4 seats where there
are fixed seats, or 1 space per 10 m2 (107.6 ft2)
of gross floor area where there are no fixed
seats
Medical and veterinary clinics
5 spaces per doctor or veterinarian on staff
Multiple-unit dwellings
1.25 spaces per dwelling unit
Office uses including financial institutions
3 spaces per 93 m2 (1,001 ft2) of gross floor
area
Public
parks
including
sports
and
recreational uses
1 space for each 6 persons for whom seating
arrangements may be provided
Restaurants, beverage rooms and private
clubs
The greater of 1 space per each 3 patrons
comprising capacity patronage or 1 space per 10
m2 (107.6 ft2) of gross floor area
Retail or service establishments with a
gross floor area not exceeding 1,000 m2
(10,763.9 ft2)
1 space per 20 m2 (215.3 ft2) of gross floor area
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Table 3.29: Schedule of Minimum Parking Requirements
USE
PARKING SPACES REQUIRED
Retail or service establishments with a
gross floor area exceeding 1,000 m2
(10,763.9 ft2)
1 space per 30 m2 (322.9 ft2) of gross floor area
Schools
1 space per classroom for an elementary or
middle school; 4 spaces per classroom for a high
school; Additional spaces to accommodate
auditorium seating shall be provided in
accordance
with
the
provisions
for
an
institutional use
Senior citizens housing
1 space per 2 residents and 1 space per 2 staff
per shift
(4)
When calculating the required off-street parking for a building containing multiple uses, the
total amount of required parking spaces is the combination of the total required parking
spaces for each individual use under Table 3.29 and is based upon the gross floor area of
each specific use.
(5)
Except for parking spaces for a hotel or motel, no parking space is permitted nearer than
1.83 m (6 ft) from a wall containing windows to habitable rooms.
(6)
Each off-street parking space must:
(a)
have a minimum width of 2.75 m (9.0 ft) and a minimum length of 5.5 m (18.0 ft),
exclusive of driveways thereto;
(b)
be readily accessible from a public street; and
(c) be located on the lot containing the use for which the parking spaces are provided.
(7)
Notwithstanding Table 3.29, reserved parking spaces for the mobility disabled shall be
provided for all uses requiring barrier-free access under the National Building Code of
Canada, in conformity with the following schedule:
(a) one parking space for the mobility disabled for each 25 parking spaces or less
required under Table 3.29;
(b) where the required number of parking spaces exceeds 200, there shall be 1 parking
space for the mobility disabled for each 50 required parking spaces;
(c) notwithstanding 3.29(7)(a), no parking space for the mobility disabled is required
where the proposed development requires less than 4 parking spaces.
(d) each reserved parking space must contain an area of not less than 28 m2 (301.4 ft2)
measuring at least, 4.6 m (15.1 ft) in width;
(e) where the limits of the parking lot are defined by a curb, the parking lot must have a
ramped curb located as close as possible to the location which it is intended to serve
and in no case shall it be more distant than 90 m (295.3 ft) from the location which it
is intended to serve;
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(f) each reserved parking space must be located as close as possible to the location it is
intended to serve; and
(g)
each reserved parking space must be clearly identified.
(8)
Within a Residential Zone, required parking must be located beyond the required front yard
setback of a single-family dwelling, semi-detached dwelling, duplex dwelling, mini-home
dwellings or multiple-unit dwellings. Paved areas and/or driveways must not occupy more
than 40% of the required front yard.
3.30
Parking Lot and Driveway Requirements
(1)
Where a parking lot for more than six (6) vehicles is required or proposed the following
provisions apply:
(a)
no gasoline pumps or other automobile service station equipment can be located or
maintained on the parking lot;
(b) approaches or driveways to the lot and the limits of the lot shall be defined by a
fence, shrubs, trees, plants, curb or other suitable obstruction designed to provide a
neat appearance;
(c)
the location of approaches or driveways shall not be closer than 15 m (49.2 ft) from
the limits of the right-of-way at a street intersection;
(d) entrance and exit driveways to the parking lot must not exceed two (2) in number at
the street line and edge of pavement;
(e) notwithstanding 3.30(1)(d), the Planning Advisory Committee may consider the
creation of more than two driveways, subject to terms and conditions;
(f)
the width of a driveway leading to a parking lot or loading space, or of a driveway or
aisle in a parking lot leading to or from a parking lot or loading space shall:
(i) in the case of a one-way driveway for traffic entering the lot, have a width of
at least 3.5 m (11.5 ft);
(ii) in the case of a one-way driveway for traffic exiting the lot, have a width of at
least 3.2 m (10.5 ft) when the number of parking spaces on the lot exceeds
12;
(iii) in the case of a two-way driveway for traffic entering and exiting the lot, have
a width of at least 6.7 m (22 ft); and
(iv) not exceed a maximum width of 9 m (29.5 ft) except in the C-3 (General
Commercial) Zone, C-4 (Highway Commercial) Zone or an Industrial Zone,
where it shall not exceed a maximum width of 12 m (39.4 ft);
(g) the parking lot must be graded and drained in such a manner as to ensure that the
surface water will not escape onto neighbouring lands or on to the traveled way or
sidewalk of any public street.
(h)
the parking lot must graded, drained and finished with a durable, all-weather and
dust proof material.
(i)
driveways must be located at least 3 m (9.8 ft) from the side lot line.
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(2)
Notwithstanding the provisions of section 3.30(1), access to parking lots must be designed
to generally accepted engineering criteria and information provided in the Geometric Design
Guidelines for Canadian Roads, published by the Transportation Association of Canada.
(3)
Where parking lots or facilities are illuminated by lighting fixtures or standards, they must
be arranged so that light from the fixture is shielded and/or directed away from other
residential uses.
(4)
No driveway can meet the traveled portion of a street at an angle less than 60 degrees.
3.31
Loading Standards
(1)
Off-street loading spaces not less than 9.14 m (30 ft) long, 3.66 m (12 ft) wide and 4.26 m
(14 ft) high, with access thereto, must be provided for loading for every building or structure
used for any purpose involving the use of vehicles for the receipt or distribution of materials,
in the following numbers:
Table 3.31: Minimum Loading Space Requirements
Gross Floor Area of Building
Number of Loading Spaces
Up to and including 1,858.1 m2 (20,000
ft2)
One (1)
Over 1,858.1 m2 (20,000 ft2) up to and
including 4,645 m2 (50,000 ft2)
Two (2)
Each additional 1,858.1 m2 (20,000 ft2)
or fraction thereof in excess of the first
1,858.1 m2 (20,000 ft2).
One (1)
(2)
An off -street loading space referenced in 3.31(1) above shall:
(a) be so located that merchandise or materials are loaded or unloaded on the premises
being served;
(b)
be provided with adequate facilities for ingress and egress and unobstructed
maneuvering aisles; and
(c)
have a paved surface.
3.32
Utility Uses
(1)
Public and private utility uses such as water, wastewater, storm drainage, natural gas lines,
treatment facilities, lift stations, pumping stations, power lines, telephone lines and cable
lines shall be a development permitted in any zone. No permit shall be required, when such
installations are to be developed in a manner which is compatible with surrounding
properties, but if adjacent to public rights-of-ways, will require the approval, subject to
terms and conditions, of the Town.
(2)
Notwithstanding 3.32(1) any main and/or accessory building or structure associated with a
public or private utility use described above will be subject to the provisions of this By-law.
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3.33
Day Care Centres
Excluding home day cares, where permitted in this By-law day care centres are subject to
the following requirements:
(a)
a day care centre shall only be permitted subject to terms and conditions as may be
imposed by the Planning Advisory Committee;
(b) the number of children shall be limited the number permitted by the provisions of the
Family Services Act and any additional By-laws of the Town;
(c)
the operator of the day care centre shall enter into an agreement with the Town
requiring compliance with such terms and conditions as may be required by the
Planning Advisory Committee to protect adjacent or nearby properties or protect the
health, safety and welfare of the general public; and
(d)
the day care centre shall be in compliance with the Family Services Act.
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PART II - ZONES
4.0
RESIDENTIAL ZONES
4.1
General Provisions for all Residential Zones
4.1.1 Requirements for Conditional Uses
Notwithstanding any additional requirements imposed by the Planning Advisory Committee,
all conditional uses are required to meet the requirements of the specific zone and dwelling
type as established for that specific use with the exception of rowhouses which shall be
subject to the lot requirements outlined in 4.1.2.
4.1.2 Requirements for Rowhouse Dwellings
(1)
Notwithstanding any other provision of this By-law, townhouse or rowhouse dwellings in a
series or group are subject to the further requirements that:
(a) no series or group:
(i)
contains more than 5 dwelling units with the same or approximately the same
front lot line; and
(ii) exceeds 68.58 m (225 ft) in continuous length.
(b) no side wall of a series or group is placed, erected or altered so that any part of such
wall is closer to a sidewall of another series or group than the greater of the
minimum side yard of both groups or the distance equal to the height of the higher of
such walls;
(c) no front wall of a series or group is placed, erected or altered so that any part of such
wall is closer to:
(i) the front wall of another series or group than 21.33 m (70 ft), or
(ii) the side wall of another series or group than 7.62 m (25 ft) plus the average
height of the two series or groups;
(d) it is designed so that the setback of adjacent units are varied by at least 0.6 m (2 ft)
from each other along the front of the lot.
(e)
no rowhouse dwelling shall have direct vehicular access to Main Street.
(f)
the following lot standards for each rowhouse dwelling are met:
Table 4.1.2: Rowhouse Lot Requirements
Lot Component
Requirement
Minimum Lot Frontage
12 m
Minimum Lot Width
12 m
Minimum Front Yard
7.5 m
Minimum Rear yard
6 m
Minimum Side Yard
3 m and 0 m where a shared wall
exists.
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(g)
easements to provide access to the rear yard of each rowhouse dwelling must be
established unless the units are to be constructed and maintained on one lot.
4.1.3 Private Garages and Carports
Where a private garage or carport is attached to or incorporated in a dwelling, it becomes
part of the main building for purposes of determining the required yards on the lot.
4.1.4 Uses Prohibited in Certain Yards
On a lot developed for three or more dwelling units, the required front or flankage yard must
not be used for the storage or display of any motor vehicle, recreational vehicle, boat, or
other chattel.
4.1.5 Landscaping
(1)
Except in the RA (Rural and Agricultural) Zone, on any lot developed for the purpose of a
residential use, the following areas must be landscaped:
(a)
the front yard;
(b) any required yard that abuts a street;
(c)
any side yard;
(d) any part of the rear yard within 4.5 m (14.8 ft) of any building; and
(e)
the entire area of the lot not devoted to buildings, structures, walkways or driveways.
(2)
For the purposes of this section, landscaping shall include:
(a) all grading necessary to divert surface water from the dwelling and in so far as is
reasonably possible, to contour the front yard to the surrounding terrain, together
with the installation of a lawn having a minimum of 7.5 cm (3 in) of topsoil; and
(b) may include the placement of such paths, patios, walkways, trees, ornamental shrubs
or stones, vines and flowers as are not prohibited by this or any other By-law, rule or
regulation.
(3)
Notwithstanding 4.1.5(1), the front yard mentioned therein may be used to a reasonable
degree for the purposes of walks and driveways for access to the main building or other use
on the lot.
(4)
The landscaping under this section must be completed not later than one year from the date
of the granting of the building permit for the main building located thereon.
(5)
Non-planned wild plantations left in fallow land are not considered as landscaping. The
occupant of any land located within town limits must cut the grass and control noxious
plants. All lots must be clear of grass or weeds exceeding 0.2m high, unless it has been
approved as a research or agricultural use.
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4.1.6 Residential Development Near a Lagoon or Treatment Plant
Notwithstanding any other provision of this By-law, the minimum distance between a
dwelling and a sewage lagoon or treatment facility shall be in accordance with Provincial
Guidelines and Regulations.
4.1.7 Portable or Temporary Garages
Notwithstanding section 4.1.8, any setback or yard requirements in this By-law, portable
garages may be permitted on any lot with a single-family dwelling.
4.1.8 Accessory Uses, Buildings and Structures in a Residential Zone
(1)
Accessory uses, buildings and structures will be permitted in all Residential Zones but they
shall not:
(a)
exceed one storey or 4.6 m (15 ft) in height or in the case of a single-family dwelling,
the height of the main building;
(b)
except for a garden suite, be used as a dwelling;
(c)
be placed, erected or altered so that is within the front yard of the main building;
(d)
be placed, erected or altered so that it is closer to the front lot line than the minimum
setback distance required for the main building;
(e)
be placed, erected or altered so that is closer to the side or rear lot line than the
minimum setback requirement;
(f)
exceed the lesser of 84 m2 (904.2 ft2) in gross floor area or 10% of the lot area;
(g)
be used for agricultural uses; and
(h)
be used for the keeping of livestock with the exception of an accessory building in
the RA (Rural and Agricultural) Zone.
(2)
Common semi-detached garages may be centered on the mutual side lot line.
4.1.9 Special Requirements for Residential Care Facilities, Group Homes and Long-Term
Care Facilities
Where permitted in a Residential Zone, a residential care facility, group home or long-term
care facility must:
(a) be located at least 250 m (820.2 ft) from any other residential care facility, group
home or long-term care facility;
(b) subject to 4.1.17 (a) and (d), have a minimum rear yard amenity area of 18.5 m2
(199.1 ft2) per resident of the residential care facility, not including staff and/or
receiving family;
(c) occupy the whole of:
(i) a single-family dwelling;
(ii) a semi-detached dwelling (both units);
(iii) a duplex (both units); and
(iv) a building constructed as a group home.
(d) the minimum ground floor area shall be 18 m2 (193.8 ft2) of gross floor area per
resident inclusive of staff and/or receiving family.
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4.1.10 Home Day Cares
Where permitted in a Residential Zone, a home day care shall:
(a)
be designed to accommodate not more than ten (10) children at any one time;
(b)
have no sign in connection with the use that is illuminated and any sign must
conform to Section 9 of this By-law;
(c)
be secondary to the main residential use and located within the main building;
(d)
be owned and/or operated by someone who resides on the lot;
(e)
comply with all Provincial regulations as stated in the Family Services Act of New
Brunswick; and
(f)
provide sufficient on-site parking to prevent customers from parking on a public
street.
4.1.11 Home Occupations
(1)
Subject to 4.1.11(2), where a home occupation is permitted under this By-law, one of the
following occupations may be conducted as a home occupation:
(a) a business office or home office or studio;
(b) a home-based personal service shop;
(c)
a home-based instructional service, which may include, without limiting the
generality of the forgoing, the teaching of music, arts and crafts or dance;
(d) a home-based domestic and household art workshop, which may include, without
limiting the generality of the forgoing, dressmaking, woodworking, arts and crafts,
painting, sculpturing, molding, or otherwise making or repairing garden or household
ornaments, articles of clothing, personal effects or toys, and a caterer's establishment;
(e) a home-based trades business which may include, without limiting the generality of
the forgoing, plumber, electrician, carpenter, painter or other similar uses;
(f) a home-based repair shop, which may include, without limiting the generality of the
forgoing, radio or television service or repair shops, locksmith shops, small
appliance service or repair shops, household and carpenter tool service or repair
shops but specifically excludes the repair of motor vehicles, construction equipment,
recreation vehicles or motorcycles, metal fabrication shop, auto body shop;
(g)
subject to section 4.1.11(3), a bed and breakfast;
(h)
professional services such as a doctor, dentist, lawyer, engineer, planner, architect or
other similar professions;
(i)
a home-based contractor's yard; and
(j)
notwithstanding (a) through (h), automobile service stations, automobile repair
shops, construction equipment repair, recreation vehicles or motorcycles repair;
metal fabrication shops; and auto body shops are specifically excluded from the
definition of a home occupation.
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(2)
Where permitted under this By-law, a home occupation is subject to the following
requirements:
(a) not more than the greater of 25 percent or 40 m2 (430.6 ft2) of the gross floor area of
the dwelling unit shall be devoted to the home occupation;
(b) no change shall be made to the external appearance of the dwelling that would alter
the residential character of the building;
(c) no goods or services other than those directly pertaining to the home occupation shall
be supplied or sold therein or there from;
(d) the home occupation may have one (1) business identification sign advertising the
business that meets the requirements of Section 9.
(e)
there must be no external or outdoor storage, outdoor display court or outdoor
display of materials, equipment or containers in connection with a home occupation
which would indicate that any part of the property is being used for any purpose
other than a dwelling;
(f) no home occupation shall generate off-site electrical interference, dust, noise or
smoke;
(g)
two off-street parking spaces are provided, in addition to the parking space
requirements of the zone;
(h) no more than one commercially licensed vehicle in connection with the home
occupation shall be parked on the premises; and
(i)
no equipment or process shall be used which creates or becomes a public nuisance in
regard to noise, odour, fumes, vibration, glare, traffic or parking.
(3)
Where permitted in this By-law, bed and breakfasts must conform to the following
requirements as well as any prescribed in subsection 4.1.11(1) and (2):
(a)
the use of a home as a bed and breakfast is an accessory use to a dwelling unit
occupied by the owner of the property;
(b)
a bed and breakfast establishment shall occupy not more than five (5) bedrooms as
sleeping rooms for guests;
(c)
the preparation of food may be permitted within a bed and breakfast establishment
for sale to the guests of the bed and breakfast only;
(d)
no cooking equipment shall be provided in a room that is used for sleeping
accommodation; and
(e)
the owners of every building hereafter erected or altered for use as a bed and
breakfast establishment shall, therein or upon such lands appurtenant thereto,
provide and maintain accommodation for the parking or storage of motor vehicles
for use by the guests of such bed and breakfast.
4.1.12 Standards for Boarding and Rooming Houses
The use of a dwelling as a boarding or rooming house is subject to the requirements that:
(a)
the dwelling unit still remains as an owner-occupied dwelling;
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(b)
accommodations for compensation are provided for no more than four persons;
(c) cooking equipment is not permitted in a room used for sleeping accommodation;
(d) the exterior of the building is not altered;
(e)
required parking is provided at the rear or the side of the main building; and
(f)
no sign advertising the existence of the boarding or rooming house shall be
displayed except a sign permitted in a Residential Zone under Section 9.
4.1.13 Garden Suites
(1)
A garden suite shall in any case be considered an accessory building and not a second main
building.
(2)
Where permitted under this By-law, a garden suite is subject to the following requirements:
(a)
notwithstanding the yard requirements for the zone in which it is to be located, it
shall be located not less than 1.2 m (3.94 ft) from any side lot line or 2.5 m (8.2 ft)
from the rear lot line;
(b)
it shall not exceed 6 m (19.7 ft) in height;
(c)
it shall be located on a lot that where the main building is a detached single-family
dwelling;
(d)
it shall not exceed 75 m2 (807.3 ft2) of gross floor area;
(e)
the lot shall be fully serviced by municipal sanitary sewer or an on-site sewage
disposal system;
(f)
one parking space shall be required in addition to the parking required for the main
use of the lot;
(g)
it shall not be placed, erected or altered so that it is closer to the front lot line than
the required front yard for the main building;
(h)
only one garden suite is permitted on a lot;
(i)
it shall not be placed, erected or altered so that is closer to the side or rear lot line
than the required rear or side yard;
(j)
the driveway access to the street must be common to both the main building and the
garden suite;
(k)
a garden suite is not permitted on a lot with an in-law suite, tourist home, boarding
or rooming house or a rental suite.
(l)
it shall not be rented for monetary purposes to a person(s) who is not a member of
the family residing in the main building; and
(m) it shall not be located any closer to the front lot line than the main building.
4.1.14 In-law and Rental Suites
Where permitted under this By-law, an in-law or rental suite is subject to the following
requirements:
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(a) it shall be located within a single-family dwelling;
(b) it shall be contained within the main building;
(c)
it shall not result in more than two dwelling units contained in any single-family
dwelling;
(d)
it shall contain a maximum of 2 bedrooms with the floor area of each bedroom not
exceeding 20 m2 (215.3 ft2);
(e) it shall be secondary to the main building and not exceed thirty-five percent (35%) of
the main building's overall gross floor area;
(f) the lot shall be fully serviced by municipal sanitary sewer or an on-site sewage
disposal system;
(g) one parking space shall be required in addition to the parking required for the main
use of the lot; and
(h) the driveway access to the street must be common to both the main building and the
in-law or rental suite.
4.1.15 Special Requirements for Converted Dwellings
(1)
A converted dwelling with more than 2 dwelling units shall be considered synonymous with
a multiple-unit dwelling in terms of permitted uses, lot requirements, parking requirements,
landscaping and amenity space.
(2)
In addition to all other regulations, an existing building or structure in certain residential
zones may be converted to between two and more dwelling units subject to the requirements
of the zone and the following special requirements:
(a) no alteration may be undertaken which changes the roof line or increases the height
of the structure except for the addition of dormers;
(b)
no alteration may be undertaken which will extend into the front or side yard of the
lot;
(c) the total lot coverage shall not exceed 50 %;
(d) parking for converted dwellings with more than 2 dwelling units shall not be
provided between the main building and the front lot line side or rear of the lot;
(e) no alteration may be undertaken to increase the number of entrances in the front of
the building; and
(f)
the minimum floor area requirements established in 4.1.16(1) are met.
4.1.16 Standards for Multiple-Unit Dwellings, Group Dwellings,
(1)
Subject to 4.1.16(2), no multiple-unit dwelling may be placed, erected or altered so that it
contains a dwelling unit with a gross floor area less than:
(a)
32 m2 (350 ft2) in the case of a bachelor apartment;
(b)
41 m2 (450 ft2) in the case of a one-bedroom dwelling unit;
(c)
55 m2 (600 ft2) in the case of a two-bedroom dwelling unit; or
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(d)
66 m2 (700 ft2) in the case of a dwelling unit containing three or more bedrooms.
(2)
In no case shall a group dwelling unit exceed 92 m2 (1,000 ft2) in gross floor area.
(3)
For the purposes of this section, the gross floor area of a dwelling unit in a multiple-unit
dwelling does not include garages, carports, porches, verandas, breezeways or exterior
stairways.
(4)
Notwithstanding any other provision of this By-law, no building containing, or modified so
as to contain four or more dwelling units, except for townhouse or rowhouse dwellings in
any zone, shall be erected unless:
(a) not more than 35% of the lot area is devoted to surface parking spaces and parking
aisles;
(b) landscaping is carried out in conformity with section 4.1.5;
(c) no part of any parking space is located in any front or flankage yard;
(d)
where a multiple-unit building abuts any other residential use, no portion of any
parking space shall be located within any required side or rear yard except where an
opaque fence or landscaped buffer is provided in which case no portion of any
parking space shall be located within 1.5 m (4.9 ft) of the side or rear lot line; and
(e)
amenity space be provided in accordance with Section 4.1.17.
4.1.17 Amenity Space Requirements for Multiple Unit Dwellings
No land shall be developed for the purpose of a multiple-unit dwelling in excess of six (6)
dwelling units unless useable amenity space is provided on the same lot or contiguous to it
in accordance with the following:
(a)
it must not encroach upon, nor be encroached upon by any portion of the parking lot
or driveway area;
(b)
it must not be located any closer to any public street than the main building;
(c)
it must not have an area not less than 56 m2 (602.8 ft2), plus an additional 7 m2 (75.3
ft2 ) for every dwelling unit excess of six (6); and
(d)
it must have no horizontal dimension measuring less than 6.1 m (20 ft).
4.1.18 Institutional Uses in Residential Zones
Institutional uses may be permitted in any Residential Zone subject to such terms and
conditions as the Planning Advisory Committee deems appropriate to address safety issues
related to traffic circulation, parking and off-street parking issues, landscaping, building
design as well as any other appropriate matter related to the health, safety and welfare of the
general public. The Planning Advisory Committee may prohibit the use where compliance
with the terms and conditions cannot reasonable be expected.
4.1.19 Accessory Farm Produce Retail Outlets
Where a farm produce retail outlet is permitted as an accessory use, it must meet the
following standards:
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(a)
the display or outdoor storage of items not produced or grown as a result of the
agricultural operation must be fully screened from the street;
(b)
the requirements specified for that particular zone must be met; and
(c)
the operation must provide parking in accordance with Section 3.29.
4.1.20 Standards for Mini-Homes
Notwithstanding any other provision of this By-law, where permitted within this By-law, no
mini-home shall be placed, erected or altered unless it meets the following requirements:
(a)
the mini home must be placed, erected or altered on a permanent pad or concrete
basement foundation of at least 1.21 m (4 ft) in height approved by the Building
Inspector;
(b)
the lot and mini-home meet the provisions for front yard setback, side yard setback,
rear yard setback, lot frontage, lot width, lot area and lot coverage for that specific
zone;
(c)
the mini-home must be placed, erected or altered so that longest side of the mini-
home is parallel to the front lot line;
(d)
the mini-home must be skirted to satisfaction of the Development Officer;
(e)
the mini-home must be occupied either by the owner of the lot or a family member of
the owner of the lot; and
(f)
the lot and/or mini-home shall not be used for or contain a home occupation,
secondary use, accessory use and/or accessory building or structure.
4.1.21 Minimum Floor Area for Dwellings
No building shall be erected for the purposes of a single-family dwelling, rowhouse
dwelling, semi-detached dwelling, mini-home or manufactured dwelling unless the dwelling
unit has a gross floor area of at least 69.7 m2 (750 ft2).
4.1.22 Landscape Requirements for Residential Developments
Unless otherwise specified in this Bylaw, or developed as part of a Multi-unit Project
Development, all new Single Detached Housing, Semi-detached Housing, Duplex Housing,
Group Dwelling, Rowhouses, and multiple unit dwellings shall be Landscaped in accordance
with the following:
(a)
landscaping shall be provided on a Site within 18 months of the occupancy of a
development or commencement of use;
(b)
trees and shrubs shall be maintained on a site for a minimum of 42 months after the
occupancy of a development or commencement of a use;
(c)
all applications for a Development Permit will have approval conditional on
providing landscaping in accordance with the table below. Trees may be provided
either through the planting of new trees and shrubs, or the preservation of existing
trees and shrubs:
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Single
Detached
Housing
Semi-Detached
Housing and
Duplex Housing
(per Dwelling)
Group Dwellings
and Rowhouses
(per Dwelling)
Multiple Unit
Dwelling
(per Building)
Two deciduous
trees, two
coniferous trees
and four shrubs
One deciduous tree,
one coniferous tree
and six shrubs
One deciduous
tree, one
coniferous tree and
four shrubs
Two deciduous
trees, one
coniferous tree
and six shrubs
(d)
new trees and shrubs shall be provided on the following basis:
i.
deciduous trees shall be a minimum 50 mm Caliper;
ii.
coniferous trees shall be a minimum of 2.5 m in Height;
iii.
deciduous shrubs shall be a minimum of 11L container with a minimum of
300 mm in Height; and
iv.
coniferous shrubs shall be a minimum of 11L container with a minimum
spread of 450 mm.
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4.2
R-1 (Single Family Residential) Zone
4.2.1 R-1 Zone Permitted Uses
Any land, building or structure may be used for the purposes of:
(a) One of the following main uses:
(i)
a single-family dwelling;
(ii) subject to 4.1.20, a mini-home;
(iii) a public park;
(iv) a conservation use; and
(v)
a tourist home.
(b)
One of the following secondary uses:
(i)
subject to 4.1.11, a home occupation;
(ii) subject to 4.1.11(3), a bed and breakfast establishment;
(iii) subject to 4.1.13, a garden suite;
(iv) subject to 4.1.14, a rental suite; and
(v)
subject to 4.1.14, an in-law suite.
(c)
Subject to 4.1.8, any accessory building, structure or use incidental to the main use
of the land, building or structure if such main use is permitted in this Section.
4.2.2 R-1 Zone Uses Subject to Terms and Conditions (Conditional Uses)
(a)
Subject 4.2.1, one of the following main uses may be permitted subject to terms and
conditions applied by the Planning Advisory Committee:
(i)
a duplex;
(ii) subject to 4.1.15, a converted dwelling with a maximum of two (2) dwelling
units;
(iii) subject to 4.1.12, a boarding or rooming house; and
(iv) a short-term lodging rental unit, which is not a hotel, motel, bed and breakfast
or tourist home (VRBO, Airbnb, or similar).
(b)
Subject to 4.2.1, one of the following secondary uses may be permitted subject to
terms and conditions applied by the Planning Advisory Committee:
(i)
subject to 4.1. 10, a home day care.
4.2.3 R-1 Zone Standards
(1)
No development shall be undertaken nor shall any land, building or structure be used within
the R-1 (Single-Family Residential) Zone unless the following standards are met:
Town of Florenceville-Bristol Zoning By-law (By-law No. 13B)
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Table 4.2.3: R-1 Zone Lot Requirements
Lot Component
Serviced Lots
Unserviced Lots
Minimum lot area
690 m2 (7,427.1 ft2)
4,000 m2 (43,055.6 ft2)
Minimum lot frontage
23 m (75.5 ft)
54 m (177.2 ft)
Minimum front /
flankage yard
7.5 m (24.6 ft)
7.5 m (24.6 ft)
Minimum rear yard
6.5 m (21.3 ft)
6.5 m (21.3 ft)
Minimum side yard
3 m (9.8 ft)
3 m (9.8 ft)
Maximum building
height
9 m (29.5 ft)
9 m (29.5 ft)
Maximum lot coverage
50%
50%
Town of Florenceville-Bristol Zoning By-law (By-law No. 13B)
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4.3
R-2 (Residential Mix) Zone
4.3.1 R-2 Permitted Uses
Any land, building or structure may be used for the purposes of:
(a)
One of the following main uses:
(i)
a single-family dwelling;
(ii) subject to 4.1.20, a mini-home;
(iii) a semi-detached dwelling;
(iv) a converted dwelling with a maximum of 2 dwelling units;
(v)
a duplex;
(vi) a public park; and
(vii) a conservation use.
(b) Within a single-family dwelling, one of the following secondary uses may be
permitted:
(i)
subject to 4.1.11, a home occupation;
(ii) subject to 4.1.11(3), a bed and breakfast establishment;
(iii) subject to 4.1.13, a garden suite;
(iv) subject to 4.1.14, a rental suite; and
(v)
subject to 4.1.14, an in-law suite.
(c)
Subject to 4.1.8, any accessory building, structure or use incidental to the main use
of the land, building or structure if such main use is permitted in this Section.
4.3.2 R-2 Zone Uses Subject to Terms and Conditions
(a)
One of the following main uses may be permitted subject to terms and conditions
applied by the Planning Advisory Committee:
(i)
subject to Section 4.1.2, a rowhouse dwelling of not more than four (4)
consecutively attached dwelling units;
(ii)
a triplex dwelling;
(iii) subject to Section 4.1.16, a multiple-unit dwelling of not more than four (4)
dwelling units.
(iv) subject to Section 4.1.15, a converted dwelling of not more than four (4)
dwelling units.
(v)
subject to the requirements of 4.3.4, a converted dwelling which including
additions, has more than four (4) dwelling units, but not more than eight (8)
dwelling units.
(vi) subject to Section 4.1.9, a residential care facility or group home of not more
than six (6) dwelling units;
(vii) subject to Sections 4.1.16, senior citizen housing of not more than 4 dwelling
units;
(viii) subject to 4.1.12, a boarding or rooming house;
(ix) a recreation use; and
(x)
a short-term lodging rental unit, which is not a hotel, motel, bed and breakfast
or tourist home (VRBO, Airbnb, or similar).
Town of Florenceville-Bristol Zoning By-law (By-law No. 13B)
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(b)
Subject to 4.2.1, one of the following secondary uses may be permitted within a
single-family dwelling subject to terms and conditions applied by the Planning
Advisory Committee:
(i)
subject to 4.1. 10, a home day care.
4.3.3 R-2 Zone Standards
(1)
The provisions of section 4.2.3 apply with respect to lots for single-family dwellings and
mini-homes dwellings within the R-2 (Residential Mix) Zone.
(2)
Subject to 4.3.3(1), no development shall be undertaken nor shall any land, building or
structure be used within the R-2 (Residential Mix) Zone unless the lot is serviced by
municipal sanitary sewer and the following standards are met:
Table 4.3.3: R-2 Zone Lot Requirements
Lot Component
Dwelling Type
Requirement
Minimum lot
area
Semi-detached Dwellings
or Rowhouses (per unit)
600 m2 (6,458.3 ft2)
All other uses
1,200 m2 (12,916.7 ft2)
Minimum lot
frontage
Semi-detached Dwelling
or Rowhouses (per unit)
15 m (34.4 ft)
All other uses
30 m (98.4 ft)
Minimum front
and flankage
yard
All Uses
6 m (19.7 ft)
Minimum rear
yard
All Uses
5 m (16.4 ft)
Minimum side
yard
Semi-detached Dwelling
or Rowhouses (per unit)
3 m (9.8 ft) on each side other than the
common wall side of a semi-detached
dwelling in which case the common
wall side shall be 0 m (0 ft).
All Other Uses
3 m (9.8 ft) on one side and 1.5 m (4.9
ft) on the other side.
Maximum
Height
All Uses
9 m (29.5 ft)
Maximum lot
coverage
All Uses
50%
4.3.4 Main Street Converted Dwelling and Addition Requirements
(1)
A converted dwelling with more than 4 dwelling units shall be considered synonymous with
a multiple-unit dwelling in terms of permitted uses, lot requirements, parking requirements,
landscaping and amenity space.
Town of Florenceville-Bristol Zoning By-law (By-law No. 13B)
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(2)
The following special requirements must also be met for a converted dwelling in excess of 4
dwelling units:
(a) The property must have frontage on Main Street or the former Rail Line adjacent to
Main Street;
(b) The maximum height of an addition shall be the lesser of:
i.
9 m (29.5 ft) where the base of the roof where the addition does not match the
roof line and pitch of the existing building; or
ii.
the existing main building's height where the addition matches the roof line and
pitch of the existing building, as it existed as of date of adoption;
(c)
Additions or alterations shall have a footprint no greater in size than the footprint of
the existing main building, as it existed as of date of adoption;
(d)
Additions or alterations to a converted dwelling in excess of 4 dwelling units are
permitted to the rear of the building and the rear two-thirds of the existing side yards
of the building assuming the minimum yard requirements are met;
(e) the total lot coverage shall not exceed 50 %;
(f) parking for converted dwellings with more than 2 dwelling units shall not be
provided between the main building and the front lot line side or rear of the lot;
(g)
the minimum floor area requirements established in 4.1.16(1) are met.
Town of Florenceville-Bristol Zoning By-law (By-law No. 13B)
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4.4
R-3 (Multiple Unit Residential) Zone
4.4.1 R-3 Zone Permitted Uses
Any land, building or structure may be used for the purposes of:
(a)
One of the following main uses:
(i)
subject to sections 4.1.16 and 4.1.17, a multiple-unit dwelling to a maximum
of 18 dwelling units;
(ii) subject to 4.1.2, and the R-2 Zone lot requirements, a rowhouse dwelling of
up to five (5) consecutively attached dwelling units;
(iii) subject to 4.1.9, a long-term care facility;
(iv) subject to section 4.1.9, a group home;
(v)
subject to section 4.1.9, a residential care facility;
(vi) subject to 4.1.9, senior citizen housing;
(vii) one main use and one secondary use permitted in the R-1 Zone, subject to the
applicable standards of each use as provided in Section 4.2;
(viii) one main use or one conditional use permitted in the R-2 Zone, subject to the
applicable standards of each use as provided in Section 4.3;
(ix) a public park; and
(x)
a recreation use.
(b)
Subject to 4.1.8, any accessory building, structure or use incidental to the main use
of the land, building or structure if such main use is permitted in this Section.
4.4.2 R-3 Zone Uses Subject to Terms and Conditions (Conditional Uses)
One of the following main uses may be permitted subject to terms and conditions applied by
the Planning Advisory Committee:
(i) subject to section 4.1.16 and 4.1.17, a multiple-unit dwelling to a maximum of
24 dwelling units.
(ii) subject to section 4.4.4, a group dwelling development to a maximum of 24
dwelling units.
(iii) a short-term lodging rental unit, which is not a hotel, motel, bed and breakfast
or tourist home (VRBO, Airbnb, or similar).
4.4.3 R-3 Zone Standards
(1)
No development shall be undertaken nor shall any land, building or structure be used within
any R-3 (Multiple Unit Residential) Zone unless the lot is serviced by municipal sanitary
sewer and the following standards are met:
Town of Florenceville-Bristol Zoning By-law (By-law No. 13B)
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Table 4.4.3: R-3 Lot Requirements
Lot Component
Requirement
Minimum lot area
1,050 m2 (11,302.1 ft2) plus 35 m2 (376.7
ft2) for each unit in excess of 4
Minimum lot frontage
35 m (114.8 ft) plus 3 m (9.8 ft) for each
unit in excess of 4
Minimum front and flankage yard
6 m (19.7 ft)
Minimum rear yard
the greater of 5 m (16.4 ft) or half the height
of the building
Minimum side yard
4.5 m (14.8 ft)
Minimum side yard abutting a R-1 or
R-2 Zone
The greater of 4.5 m (14.8 ft) or half the
height of the building
Maximum Height
15 m (49.2 ft)
4.4.4 Zone Standards for Group Dwellings
(1)
No group dwelling development shall be undertaken unless the lot is serviced by municipal
sanitary sewer and the following standards are met:
Table 4.4.4: R-3 Group Dwelling Lot Requirements
Lot Component
Requirement
Minimum lot area per dwelling unit
302 m2 (3,250 sq. ft.) per dwelling unit
Minimum lot frontage
18 m (20 ft.)
Minimum front and flankage yard
7.6 m (25 ft.)
Minimum rear yard
7.6 m (25 ft.)
Minimum side yard
The lesser of 4.5 m (15 ft.) or ½ the
building height
Maximum Height
6 m (19.7 ft)
Minimum number of dwelling units
Four (4)
Maximum number of dwelling units
1 unit per 302 m2 of lot area, to a maximum
of 6 units per cluster, up to 18 units per lot
Parking
See Table 3.29
(2)
Group Dwelling Development Site Design Space Requirements:
(a) Each cluster of dwellings shall have a contiguous common outdoor amenity space to
provide a sense of openness and community for residents.
(b) At least two sides of the common outdoor amenity space shall have dwellings
fronting along its perimeter.
(c) Each dwelling unit shall be located within 10 m (32.8 ft.) of a common amenity
space.
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(d) A system of walkways shall connect each dwelling to each other and to the parking
area, and to the sidewalks abutting any public streets bordering the development.
Walkways shall have a minimum width of 1.2 m (3.93 ft.) to shared open space
areas.
(e) No part of any building in the development can be more than 45 m (147.6 ft.) from
fire department vehicle access, as measured by a clear path along the ground.
(f) All dwellings in the development shall be at least 3 m (9.8 ft.) apart.
(3)
Group Dwelling Development Architectural Requirements:
(a) Units will be designed to have a cottage-like appearance:
i. Each dwelling must have a different appearance than adjacent units.
ii. Tall, skinny dwellings shall be avoided.
(b) Each dwelling unit shall be clustered around a common open space, with the
building's primary entry and covered porch orientated to the common open space.
(c) Each dwelling abutting a public street shall have a façade, secondary entrance, porch,
bay window or other architectural enhancement oriented to the public street.
(d) It is encouraged that dwelling units have covered front porches at least 6 m2 in area
oriented toward the common open space. Any covered front porch does not
contribute to the maximum ground floor area of the unit.
(4)
Group Dwellings - Community Amenity Buildings Permitted
(a) Community amenity buildings are permitted as an accessory use in group dwelling
developments to serve the needs of residents and their guests.
(b) Community amenity buildings shall be clearly incidental in use and size to dwelling
units.
(c) Community amenity buildings shall be no more than 6 m in height.
(5)
Group Dwellings - No Subdivision within a Cluster Permitted
(a) A cluster in a group dwelling development may not be subdivided.
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4.5
R-4 (Land-Leased Community) Zone
4.5.1 R-4 Permitted Uses
(1)
Any land, building or structure in the R-4 (Land Leased Community) Zone shall be used for
the purposes of:
(a)
The following main use:
(i)
a land-leased community consisting of not fewer that 10 mini-homes and not
more than 100 mini-homes with private communal infrastructure.
(b)
One of the following secondary uses:
(i)
personal office space for the purpose of telecommuting.
(c) Any accessory building, structure or use incidental to the main use of the land
including a residence for the use of the land lease community manager.
4.5.2 R-4 Zone Uses Subject to Terms and Conditions (Conditional Uses)
(1)
One of the following main uses may be permitted subject to terms and conditions applied by
the Planning Advisory Committee:
(a)
one convenience store with a maximum gross floor area of 100 m2 (1,076.4 ft2);
(b)
one laundromat;
(c)
one community building for the exclusive use of the residents of the mini-home
development, with a maximum gross floor area of 300 m2 (3,229.2 ft2).
(2)
The Planning Advisory Committee may prohibit the use where compliance with the terms
and conditions cannot reasonable be expected.
4.5.3 R-4 Zone Standards
(1)
No development shall be undertaken nor shall any land, building or structure be used within
any R-4 (Land Lease Community) Zone unless the lot is serviced by municipal sanitary
sewer and the following standards are met:
Town of Florenceville-Bristol Zoning By-law (By-law No. 13B)
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Table 4.5.3: Land Leased Community Development Standards
Front-On Sites
(longer dimension of the
home is parallel to street)
End-On Sites
(shorter dimension of the home is
parallel to street)
Subdivision
Density
20 mini homes per gross
hectare
17 mini homes per gross hectare
Maximum Number
of Dwelling Units
per Site
1
Minimum
Frontage
27 m (88.6 ft)
15 m (49.2 ft)
Minimum Site
Depth
15 m (49.2 ft)
31 m (101.7 ft)
Minimum Site
Area
500 m2 (5,382 ft2)
500 m2 (5,382 ft2)
Minimum front
yard
4.5 m (14.8 ft)
6 m (19.7 ft)
Minimum rear
yard
4.5 m (14.8 ft)
3 m (9.8 ft)
Minimum side
yard
Interior Lot:
3.6
m
(11.8
ft)
on
driveway side and 1.5 m
(4.9 ft) on opposite side.
Corner Lot:
4.5 m (14.8 ft) abutting
side street and 1.5 m (4.9
ft) on opposite side.
Interior Lot:
3.6 m (11.8 ft) on driveway side
and 1.5 m (4.9 ft) on opposite
side.
Corner Lot:
6 m (19.7 ft) abutting side street
and 1.5 m (4.9 ft) on opposite
side.
(2)
Off-street parking shall be provided in accordance with the parking provisions of this By-
law.
(3)
All land-leased communities must have dwellings located on individual sites approved by
the Town of Florenceville-Bristol, and subject to the issuance of a building permit.
(4)
At least 8% of the area of a development shall be provided as public parks, outdoor
recreational uses, landscaped open space or some combination thereof, and shall be
maintained to the satisfaction of the Town.
(5)
Where a mini-home park is being expanded, Council may require that up to 8% of the area
of the existing development and 8% of the area of the expansion be provided as a public
park, outdoor recreational uses, landscaped open space or some combination thereof, and
shall be maintained to the satisfaction of the Town.
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(6)
Where a public land dedication is required pursuant to the Subdivision By-law or is deemed
preferable by Town Council, 8% of the area of the development may be conveyed to the
municipality as public open space.
(7)
In addition to the above landscaped open space requirements, a 6 m (19.7 ft) wide
landscaped buffer must be maintained along all property lines, planted with coniferous trees
and shrubs; such vegetation shall be a minimum 1.5 m (4.9 ft) tall at the time of planting and
must be spaced no more than 5 m (16.4 ft) apart, to the satisfaction of the Development
Officer.
(8)
Streets shall have a minimum surface width of 7.3 m (24 ft) and be surfaced with asphalt or
chipseal.
(9)
The entire undercarriage of a mini-home shall be skirted with an opaque material.
(10)
Stormwater in the development shall be managed through the use of a storm sewer system,
ditching, or other method, subject to a site drainage plan, to the satisfaction of the Town.
(11)
All sites shall be connected to municipal sewer services and to a private water system to the
satisfaction of the Town.
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5.0
COMMERCIAL & MIXED-USE ZONES
5.1
General Provisions for all Commercial Zones
5.1.1 Commercial Landscaping Requirements
(1)
A lot shall not be developed for a commercial use unless the total lot area, except for that
part devoted to buildings and structures:
(a) is paved, in the case of driveways and off-street parking areas; and
(b) is landscaped, in the case of that part of the lot other than driveways and off-street
parking spaces and aisles, except in the case of lots having significantly surplus area.
(2)
With the exception of the MU-1 (Mixed-use Main Street) Zone, where a commercial use or
zone abuts a residential zone or use, such lot shall not be developed for commercial use
unless a minimum of a 1 m (3.3 ft) high screening facility, such as a hedge or fence or a
combination thereof, is provided and maintained along the common property lines.
(3)
Landscaping in any commercial zone shall consist of:
(a) at least 152.4 mm (6 in) of topsoil after compaction and the seeding or sodding
thereof;
(b) the planting of trees and or shrubs or the maintenance of existing trees and or shrubs
at the rate of one such plant for each 93 m2 (1001ft2) of required landscape area; and
(c) may include partial devotion to driveways and walkways.
(4)
No signs, accessory buildings, driveway nor parking spaces or lots shall be located in any
required landscaped area abutting a residential, park or institutional zone and any
landscaping shall be completed no later than one year from the date of the granting of the
building permit for the main building located thereon.
5.1.2 Accessory Buildings and Structures in Commercial Zones
No accessory building or structure may:
(a)
exceed one storey or 4.6 m (15 ft) in height;
(b)
be used for a residential use;
(c)
be placed, erected or altered so that is within the front yard of the main building;
(d)
be placed, erected or altered so that it is closer to the front lot line than the location
the main building;
(e)
be placed, erected or altered so that is closer to the side or rear lot line than the
required side or rear yard setback for that specific zone;
(f)
exceed the lesser of:
(i)
35% of the gross floor area of the main building; or
(ii) 10% of the lot area.
(g)
be used for agricultural uses; and
(h)
be used the keeping of livestock or domestic animals.
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5.1.3 Special Requirements for Auto-Oriented and Gas Bars
Within any zone where an automobile service station, automobile repair shop, gas bar, or an
automobile sales and/or rental establishment is a permitted main use of land, any
development of land not used for such purpose on the effective date of this By-law is subject
to the following conditions:
(a) no lot shall be developed for such uses unless the lot has an minimum frontage of at
least 34 m (111.5 ft) for an interior lot and 38 m (124.7 ft) for a corner lot;
(b) notwithstanding section 3.12 no portion of any pump island or canopy shall be
located closer than 15 m (49.2 ft) from any street line and no portion of any
underground storage tank shall be located closer than 6 m (19.7 ft) from any street
line;
(c) no driveway shall be located within 9 m (29.5 ft) of another driveway;
(d) no portion of any driveway shall be within 15 m (49.2 ft) of a street intersection;
(e) the angle of intersection between a driveway and a street line shall be not less than
45 degrees nor greater than 135 degrees; and
(f) notwithstanding section 3.30 no driveway shall have a width less than 6 m (19.7 ft)
nor greater than 9 m (29.5 ft).
5.1.4 Special Requirements for Cannabis Retail
No new cannabis retail use shall be permitted within 300 m (984.3 ft.) of any daycare,
school or public recreation facility.
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5.2
C-1 (Neighbourhood Commercial)
5.2.1 C-1 Zone Permitted Uses
(1)
Within the C-1 (Neighborhood Commercial) Zone, no lot shall be developed for any other
purpose than:
(a)
One or more of the following main uses:
(i)
a car wash;
(ii)
a convenience store;
(iii)
an office use not exceeding 55.7 m2 (599.5 ft2);
(iv)
a personal service shop;
(v)
a retail bakery;
(vi)
a retail store of not more than 1,000 m2 (10,7693.9 ft2); and
(vii) a service shop.
(b)
a residential use as a secondary use, provided that:
(i)
the portion of the building used for a residential use is not more than 50% of
the total floor area of the building;
(ii)
the residential use is not located on the ground floor; and
(iii)
the provisions of Sections 4.1.16, 4.1.17 are met.
(c)
any accessory building, structure or use incidental to the main use of the land, building
or structure if such main use is permitted by this subsection.
(d)
any R-2 (Single and Two-Unit Dwelling) Zone use subject to the terms and conditions
of the R-2 Zone.
5.2.2 C-1 Zone Uses Subject to Terms and Conditions (Conditional Uses)
(1)
One of the following main uses may be permitted subject to terms and conditions applied by
the Planning Advisory Committee:
(a)
subject to 3.33, a day care centre.
5.2.3 C-1 Zone Requirements
(1)
No development shall be undertaken nor shall any land, building or structure be used within
the C-1 (Neighbourhood Commercial) Zone unless:
Table 5.2.3: C-1 Zone Lot Requirements
Lot Component
Requirement
Minimum lot area
540 m2 (5,812.5 ft2)
Minimum lot frontage
18 m (59.1 ft)
Minimum front / flankage yard
3.5 m (11.5 ft)
Minimum rear yard
6 m (19.7 ft)
Minimum side yard
3 m (9.8 ft)
Maximum Height
19 m (62.3 ft)
Maximum lot coverage
50%
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5.2.4 Requirements for Mixed-Use Developments
Any development consisting of both commercial and residential uses is required to have at
least the ground floor of any street fronting building dedicated to the commercial use.
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5.3
C-2 (General Commercial) Zone
5.3.1 C-2 Zone Permitted Uses
(1)
Within the C-2 (General Commercial) Zone, no lot shall be developed for any other purpose
than:
(a)
One or more of the following main uses:
(i)
an amusement place;
(ii)
an automobile service station;
(iii)
an automobile repair shop;
(iv)
an arts, crafts and/or antique shop;
(v)
a butcher or meat shop;
(vi)
a call centre;
(vii)
a commercial campground;
(viii)
a commercial recreational establishment conducted with wholly enclosed
buildings and includes such uses as billiards, dance clubs, music schools
and theatres;
(ix)
a convenience store;
(x)
a cultural use;
(xi)
a day care centre;
(xii)
a drive-in or drive-through restaurant;
(xiii)
a restaurant;
(xiv)
a dry-cleaning establishment;
(xv)
an entertainment use;
(xvi)
a farm produce retail outlet;
(xvii)
a financial Institution;
(xviii)
a fitness centre;
(xix)
a funeral home;
(xx)
a garden centre;
(xxi)
a gas bar;
(xxii)
a hotel or motel;
(xxiii)
a short-term lodging rental (Airbnb, VRBO, or similar);
(xxiv)
an institutional use;
(xxv)
an office use;
(xxvi)
an outdoor display court;
(xxvii)
a medical clinic;
(xxviii)
a nursery or greenhouse;
(xxix)
a personal service shop;
(xxx)
a photography studios;
(xxxi)
a private club;
(xxxii)
a recreation use;
(xxxiii)
a retail bakery;
(xxxiv)
a retail store;
(xxxv)
a service shop;
(xxxvi)
a theatre;
(xxxvii) a veterinary clinic; and
(xxxviii) a microbrewery
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(b)
a residential use as a secondary use, provided that:
(i)
the portion of the building used for a residential use is not more than 50% of
the total gross floor area of the building;
(ii) the residential use is not located on the ground floor; and
(iii) the provisions of Sections 4.1.16, 4.1.17 are met.
(c)
within a restaurant, one of the following secondary uses may be permitted:
(i)
a beverage room.
(d)
any accessory building, structure or use incidental to the main use of the land,
building or structure if such main use is permitted by this subsection.
5.3.2 C-2 Zone Uses Subject to Terms and Conditions (Conditional Uses)
One of the following main uses may be permitted subject to terms and conditions applied by
the Planning Advisory Committee:
(a)
an automobile sales and rental establishment;
(b)
a building supply outlet;
(c)
an equipment sales and rental establishment;
(d)
a kennel;
(e)
a boats, trailer, snowmobile, bicycle and other recreational vehicle sales and/or
rentals;
(f)
a shopping centre; and
(g)
a wholesale establishment.
5.3.3 C-2 Zone Lot Requirements
No development shall be undertaken nor shall any land, building or structure be used within
the C-2 General Commercial) Zone unless:
Table 5.3.3: C-2 Zone Lot Requirements
Lot Component
Requirement
Minimum lot area
1,150 m2 (12,378.5 ft2)
Minimum lot frontage
30 m (98.4 ft)
Minimum front and flankage yard
5 m (16.4 ft)
Minimum rear yard
6 m (19.7 ft)
Minimum side yard
2 m (6.6 ft) on one side of the lot and 4 m (13.1
ft) on the other side
Maximum height
11 m (36.1 ft)
Maximum lot coverage
Main Building or Structure
50%
Accessory
Buildings
or
structures
10%
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5.3.4 C-2 Zone Uses over 1,500 m2
Any permitted use within the C-2 (General Commercial) Zone that is larger than 1,500 m2
(16,146.4 ft2) in gross floor area shall be subject to such terms and conditions as the
Planning Advisory Committee deems appropriate and the Planning Advisory Committee may
prohibit the use where compliance with the terms and conditions cannot be reasonably
expected.
5.3.5 Abutting Yard Requirements
(1)
In addition to the requirements of Subsection 5.3.3, where a side or rear yard on a property
in the C-2 (General Commercial) Zone abuts a residential or institutional zone, the required
abutting yard shall:
(a) be at least 5 m (16.4 ft) in the case of a side yard and 7 m (23 ft) in the case of a rear
yard and consist of landscaping, as described in 5.4.5(1)(c);
(b)
be free of any parking, loading areas, or driveways;
(c)
be entirely landscaped with a combination of existing trees and plantings which are:
(i)
spaced in a staggered manner at intervals of 3 m (9.8 ft) on centre over the
entire area;
(ii) a minimum of 1.5 m (4.9 ft) in height at the time of planting; and
(iii) at least 75% coniferous trees indigenous to the area.
(2)
In addition to the requirements outlined in 5.3.5(1), where any building, structure, outdoor
storage, outdoor display court is within 10 m (32.8 ft) of an adjacent lot used for residential
purposes a fence shall be erected along the abutting property line by the developer which:
(a) has the finished side facing the abutting property;
(b) is of a residential design;
(c) forms an opaque visual barrier from grade to 1.5 m (4.9 ft) in height; and
(d)
is a minimum of 2 m (6.6 ft) in height from the ground to the top horizontal member.
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5.4
C-3 (Highway Commercial) Zone
5.4.1 Permitted Uses
Within the C-3 (Highway Commercial) Zone, no lot shall be developed for any other
purpose than:
(a)
One or more of the following main uses:
(i)
an amusement place;
(ii)
an automobile sales and rental establishments;
(iii)
an automobile service station;
(iv)
an automobile repair shop;
(v)
a building supply outlet;
(vi)
a dog daycare;
(vii)
a gas bar;
(viii)
a financial institution;
(ix)
a boats, trailer, snowmobile, bicycle and other recreational vehicle sales
and/or rentals;
(x)
a building supply outlet;
(xi)
a car wash;
(xii)
a day care centre or facility;
(xiii)
a drive-in restaurant;
(xiv)
a dry-cleaning establishment;
(xv)
an equipment sales and/or rental establishment;
(xvi)
a financial institution;
(xvii)
a funeral home;
(xviii)
a garden centre;
(xix)
a hotel, motel or other tourist establishments and related amenities;
(xx)
a short-term lodging rental (Airbnb, VRBO, or similar);
(xxi)
an indoor recreational establishments or uses;
(xxii)
a medical clinic;
(xxiii)
an outdoor display court;
(xxiv)
a personal service shop;
(xxv)
a private club;
(xxvi)
a restaurant;
(xxvii) a service shop;
(xxviii) a self-storage operation;
(xxix)
a shopping centre;
(xxx)
a veterinary clinic; and
(xxxi)
a microbrewery.
(b)
within a restaurant, one of the following secondary uses may be permitted:
(i)
a beverage room.
(c)
any accessory building, structure or use incidental to the main use of the land,
building or structure if such main use is permitted by this subsection.
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5.4.2 C-3 Zone Requirements
(1)
No development shall be undertaken nor shall any land, building or structure be used within
the C-3 (Highway Commercial) Zone unless:
Table 5.4.2: C-3 Zone Lot Requirements
Lot Component
Requirement
Minimum lot area
2,500 m2 (26,909.8 ft2)
Minimum lot frontage
30 m (100 ft)
Minimum front / flankage yard
7.5 m (24.6 ft)
Minimum rear yard
7.5 m (24.6 ft)
Minimum side yard
4 m (13.1 ft)
Maximum Height
11 m (36.1 ft)
Maximum lot coverage
Main Building
50%
Accessory
Building
10%
5.4.3 Abutting Yard Requirements
(1)
In addition to the requirements of Subsection 5.4.2, where a side or rear yard on a property
in the C-3 (Highway Commercial) Zone abuts a residential or institutional zone, the required
abutting yard shall:
(a) be at least 5 m (16.4 ft) in the case of a side yard and 7 m (23 ft) in the case of a rear
yard and consist of landscaping, as described in 5.4.5(1)(c);
(b)
be free of any parking, loading areas, or driveways;
(c)
be entirely landscaped with a combination of existing trees and plantings which are:
(i)
spaced in a staggered manner at intervals of 3 m (9.8 ft) on centre over the
entire area;
(ii) a minimum of 1.5 m (4.9 ft) in height at the time of planting; and
(iii) at least 75% coniferous trees indigenous to the area.
(2)
In addition to the requirements outlined in 5.4.3(1), where any building, structure, outdoor
storage, outdoor display court is within 10 m (32.8 ft) of an adjacent lot used for residential
purposes a fence shall be erected along the abutting property line by the developer which:
(a) has the finished side facing the abutting property;
(b) is of a residential design;
(c) forms an opaque visual barrier from grade to 1.5 m (4.9 ft) in height; and
(d)
is a minimum of 2 m (6.6 ft) in height from the ground to the top horizontal member.
5.4.4 Outdoor Storage and Display
(1)
No building permit will be issued for the outdoor storage of goods or materials not intended
for immediate sale to the general public unless the outdoor storage:
(a) is accessory to a permitted use in the C-3 (Highway Commercial) Zone;
(b) is not located in the required front or flankage yard;
(c) is not located in the required side or rear yard; and
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(d) covers less than 75% of the lot area.
(2)
No building permit will be issued for the outdoor display of goods or materials intended for
immediate sale to the general public unless the outdoor display:
(a) covers less than 75% of the lot area; and
(b)
is accessory to a permitted use in the C-3 (Highway Commercial) Zone.
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5.5
C-4 (Business Park) Zone
5.5.1 Permitted Uses
Within the C-4 (Business Park) Zone, no lot shall be developed for any other purpose than:
(a)
One or more of the following main uses:
(i)
an agricultural use;
(ii)
an automobile sales and rental establishments;
(iii)
an automobile service station;
(iv)
an automobile repair garage;
(v)
a car wash;
(vi)
a conservation use;
(vii)
a contractor's yard;
(viii)
a dry-cleaning establishment;
(ix)
an equipment sales and/or rental establishment;
(x)
a boats, trailer, snowmobile, bicycle and other recreational vehicle sales
and/or rentals;
(xi)
a financial institution;
(xii)
a gas bar;
(xiii)
a hotel, motel, VRBO or Airbnb;
(xiv)
a kennel;
(xv)
a public park;
(xvi)
a recreation use;
(xvii)
an indoor recreational establishments or uses;
(xviii)
a self-storage operation;
(xix)
a service shop;
(xx)
a veterinary clinic;
(xxi)
a microbrewery; and
(xxii)
a warehouse or storage establishment.
(b)
any accessory building, structure or use incidental to the main use of the land,
building or structure if such main use is permitted by this subsection.
5.5.2 C-4 Zone Uses Subject to Terms and Conditions (Conditional Uses)
(1)
One of the following main uses may be permitted subject to terms and conditions applied by
the Planning Advisory Committee:
(a)
an abattoir;
(b)
a dog daycare;
(c)
a fabrication and processing facility;
(d)
a forestry use;
(e)
an industrial use;
(f)
a manufacturing use;
(g)
a restaurant;
(h)
a recycling depot;
(i)
a wholesale establishment; and
(j)
a utility use.
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5.5.3 C-4 Zone Requirements
(1)
No development shall be undertaken nor shall any land, building or structure be used within
the C-4 (Business Park) Zone unless:
Table 5.5.3: C-4 Zone Lot Requirements
Lot Component
Requirement
Minimum lot area
2,500 m2 (26,909.8 ft2)
Minimum lot frontage
30 m (100 ft)
Minimum front / flankage yard
7.5 m (24.6 ft)
Minimum rear yard
7.5 m (24.6 ft)
Minimum side yard
4 m (13.1 ft)
Maximum Height
11 m (36.1 ft)
Maximum lot coverage
Main Building
50%
Accessory
Building
10%
(2)
Any industrial development use within the C-4 Zone is subject to the terms and conditions
of 6.1 General Provisions for all Industrial Zones.
5.5.4 Abutting Yard Requirements
(1)
In addition to the requirements of Subsection 5.5.3, where a side or rear yard on a property
in the C-4 (Business Park) Zone abuts a residential or institutional zone, the required
abutting yard shall:
(a) be at least 5 m (16.4 ft) in the case of a side yard and 7 m (23 ft) in the case of a rear
yard and consist of landscaping, as described in 5.4.5(1)(c);
(b)
be free of any parking, loading areas, or driveways;
(c)
be entirely landscaped with a combination of existing trees and plantings which are:
(i)
spaced in a staggered manner at intervals of 3 m (9.8 ft) on centre over the
entire area;
(ii) a minimum of 1.5 m (4.9 ft) in height at the time of planting; and
(iii) at least 75% coniferous trees indigenous to the area.
(2)
In addition to the requirements outlined in 5.5.4(1), where any building, structure, outdoor
storage, outdoor display court is within 10 m (32.8 ft) of an adjacent lot used for residential
purposes a fence shall be erected along the abutting property line by the developer which:
(a) has the finished side facing the abutting property;
(b) is of a residential design;
(c) forms an opaque visual barrier from grade to 1.5 m (4.9 ft) in height; and
(d)
is a minimum of 2 m (6.6 ft) in height from the ground to the top horizontal member.
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5.6
MU-1 (Mixed-use Main Street) Zone
5.6.1 MU-1 Zone Permitted Uses
(1)
Within the MU-1 (Mixed-use Main Street) Zone, no lot shall be developed for any other
purpose than:
(a)
One or more of the following main uses:
(i)
an amusement place;
(ii)
a bakery;
(iii)
a beverage room;
(iv)
a butcher or meat shop;
(v)
a convenience store;
(vi)
a conservation use;
(vii)
a cultural use;
(viii)
a dry-cleaning establishment or laundromat;
(ix)
an entertainment use;
(x)
a financial institution;
(xi)
a fitness centre;
(xii)
a government use;
(xiii)
a hotel or motel;
(xiv)
an institutional use;
(xv)
a short-term lodging rental (Airbnb, VRBO, or similar);
(xvi)
a medical clinic;
(xvii)
an office use;
(xviii)
a personal service shop;
(xix)
a place of worship;
(xx)
a private club;
(xxi)
a public park;
(xxii)
a restaurant;
(xxiii)
a retail store;
(xxiv)
a recreation use;
(xxv)
a theatre;
(xxvi)
a service shop;
(xxvii)
a veterinary clinic;
(xxviii) a microbrewery; and
(xxix)
a utility use.
(c)
A residential use as a secondary use, provided that:
(i)
the residential use is not located on the ground floor of the building; and
(ii) the provisions of sections 4.1.16, 4.1.17 are met.
(d)
any accessory building, structure or use incidental to the main use of the land,
building or structure if such main use is permitted by this subsection.
(e) a sidewalk patio in association with a restaurant or other similar use.
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5.6.2 MU-1 Zone Uses Subject to Terms and Conditions (Conditional Uses)
(1)
One of the following main uses may be permitted subject to terms and conditions applied by
the Planning Advisory Committee:
(a)
an automobile service station;
(b)
a gas bar;
(c)
a group dwelling development;
(d)
a funeral home;
(e)
a farm produce retail outlet;
(f)
subject to 3.33, a day care centre for not more than 60 children; and
(g)
subject to section 3.30, a parking lot.
(2)
The Planning Advisory Committee may prohibit the use where compliance with the terms
and conditions cannot reasonable be expected.
5.6.3 MU-1 Zone Requirements
(1)
No development shall be undertaken nor shall any land, building or structure be used within
the MU-1 (Mixed-use Main Street) Zone unless lot is serviced by municipal sanitary sewer
and the following standards are met:
Table 5.6.3: MU-1 Zone Lot Requirements
Lot
Component
Requirement
Minimum lot
frontage
18.3 m (60 ft)
Minimum
front /
flankage yard
0 m
Maximum
Height
20 m (62.3 ft)
5.6.4 Design Guidelines for MU-1 Zone
Within the MU-1 (Mixed-use Main Street) Zone, no development shall be permitted and no
main building or structure may be used unless:
(a)
there is at least one public entrance to the building facing any public street;
(b)
the minimum height of the building is two stories; and
(c)
all mechanical, electrical, air conditioning or other similar equipment located on the
roof of a building is screened from view from the adjacent public street.
5.6.5 Legal Non-Conforming Buildings
In the case of a change of use, Section 5.6.4 does not apply to existing buildings.
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5.6.6 Requirements for a Multiple Unit Dwelling as a Second Main Building
(1)
A multiple unit dwelling with more than 5 dwelling units shall be permitted as a second main
building on a lot within the MU-1 Zone, notwithstanding 3.4(1) restricting one main
building per lot, providing it meets the requirements of this section.
(2)
The following special requirements must also be met for a multiple unit dwelling as a
second main building on a lot:
(a) The property must:
i. Have sufficient frontage and area, as per the requirements of the MU-1 Zone,
to allow for future subdivision of the lot into 2 separate properties, or
ii. Meet the requirements of a flag lot and provide a shared access easement
between the 2 main buildings/uses.
(b) The minimum floor area requirements established in 4.1.16(1) are met;
(c) Notwithstanding 5.2.1(c)(i), dwelling units may be located on the ground floor of the
building;
(d) The maximum number of dwelling units shall not exceed 12 units;
(e) The minimum separation distance between main buildings on the same lot
established in 3.1(3) is met;
(f) The maximum height of a multiple unit dwelling shall be 15 m (49.2 ft);
(g) The minimum rear yard shall be the greater of 5 m (16.4 ft.) or half the height of the
building;
(h) The minimum side yard shall be 4.5 m (14.8 ft.);
(i) The total lot coverage shall not exceed 50%;
(j) Parking for multiple unit dwellings shall be as per Table 3.29, 1.25 spaces per unit;
(k) Notwithstanding 4.1.16(c) parking may be located within the front yard of the
building; and
(l) The requirements established in 4.1.16 and 4.1.17 are met, unless otherwise specified
within this section.
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5.7
MU-2 (Mixed-use Core) Zone
5.7.1 MU-2 Zone Permitted Uses
(1)
Within the MU-2 (Mixed-use Core) Zone, no lot shall be developed for any other purpose
than:
(a)
one or more of the following main uses:
(i)
an amusement place;
(ii)
a bakery;
(iii)
a butcher or meat shop;
(iv)
a conservation use;
(v)
a convenience store;
(vi)
a cultural use;
(vii)
an entertainment use;
(viii)
a financial institution;
(ix)
a fitness centre;
(x)
a government use;
(xi)
a hotel or motel;
(xii)
a short-term lodging rental (Airbnb, VRBO, or similar);
(xiii)
an institutional use;
(xiv)
a long-term care facility;
(xv)
a medical clinic;
(xvi)
an office use;
(xvii)
a personal service shop;
(xviii)
a place of worship;
(xix)
a private club;
(xx)
a public park;
(xxi)
a restaurant;
(xxii)
a retail store;
(xxiii)
a recreation use;
(xxiv)
a service shop;
(xxv)
a veterinary clinic;
(xxvi)
a microbrewery; and
(xxvii)
a utility use.
(b)
one main use and one secondary use permitted in the R-1 Zone, subject to the
applicable standards of each use as provided in Section 4.2;
(c)
one main use or one conditional use permitted in the R-2 Zone, subject to the
applicable standards of each use as provided in Section 4.3;
(d)
one main use or one conditional use permitted in the R-3 Zone, subject to the
applicable standards of each use as provided in Section 4.4;
(e)
any accessory building, structure or use secondary to the main use of the land,
building or structure if such main use is permitted by this subsection.
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5.7.2 MU-2 Zone Requirements
(1)
No development shall be undertaken nor shall any land, building or structure be used within
the MU-2 (Mixed-use Core) Zone unless lot is serviced by municipal sanitary sewer and the
following standards are met:
Table 5.7.2(1): MU-2 Zone Lot Requirements
Lot
Component
Requirement
Minimum lot
frontage
18.3 m (60 ft)
Minimum
front /
flankage yard
0 m
Maximum
Height
11 m (36.1 ft)
(2)
Notwithstanding 5.7.2(1), no development within the MU-2 Zone shall be undertaken nor
shall any land, building or structure be used within the MU-2 (Mixed-use Core) Zone for
institutional development unless the lot is serviced by municipal sanitary sewer and the
following standards are met:
Table 5.7.2(3): MU-2 Institutional Lot Requirements
Lot Component
Requirement
Minimum lot area
675 m2 (7,265.6sq ft)
Minimum lot frontage
20 m (65.6 ft)
Minimum front and flankage yard
7.62 m (25 ft)
Minimum rear yard
7.62 m (25 ft)
Minimum side yard
7.62 m (25 ft)
Maximum height of main building
15.24 m (50 ft) for the main portion and twice
the main height of the building for spires,
belfries or other subsidiary features.
Maximum height of accessory
building
The lesser of two storeys or 9 m (30 feet) or the
height of the main building or structure to which
it is accessory.
(3)
Any residential development within the MU-2 Zone is subject to the terms and conditions of
4.1 General Provisions for all Residential Zones.
5.7.3 Design Guidelines for MU-2 Zone
Within the MU-2 (Mixed-use Core) Zone, no development shall be permitted and no main
building or structure may be used unless:
(a)
there is at least one public entrance to the building facing any public street;
(b)
all mechanical, electrical, air conditioning or other similar equipment located on the
roof of a building is screened from view from the adjacent public street.
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5.7.4 Legal Non-Conforming Buildings
In the case of a change of use, Section 5.7.3 does not apply to existing buildings.
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6.0
INDUSTRIAL ZONES
6.1
General Provisions for all Industrial Zones
6.1.1 Buffering
(1)
Where a permitted use in the I-1 (Light Industrial) Zone abuts a Residential, Commercial,
Institutional Zone or a public park:
(a)
the lot line abutting a Residential, Commercial, Institutional Zone or a public park
must consist of a landscaped buffer of at least:
(i)
5 m for any industrial or manufacturing use;
(ii) 3 m for any other use permitted in the I-1 (Light Industrial) Zone; and
(b)
the part of the abutting property that is being used for industrial purposes including
any buildings, structures, parking, outdoor display, or outdoor storage, shall be
screened:
(i)
with a solid wall or opaque wooden fence no less than 2 m (6.5 ft) in height;
or
(ii) with an opaque natural vegetation, no less than 2 m (6.5 ft) in height; or
(iii) a combination of (i) and (ii).
(2)
When a permitted use in the I-2 (Heavy Industrial) Zone abuts a Residential, Commercial,
Institutional Zone or a public park:
(a)
the lot line abutting a Residential, Commercial, Institutional Zone or a public park
must consist of a landscaped buffer of at least:
(i)
25 m for any industrial or manufacturing use, agricultural use, fabrication
and processing facility, abattoir, recycling depot, or a salvage yard;
(ii) 10 m for any other use permitted in the I-2 (Heavy Industrial) Zone; and
(b)
the part of the abutting property that is being used for industrial purposes including
any buildings, structures, parking, outdoor display, or outdoor storage, shall be
screened:
(i)
with a solid wall or opaque wooden fence no less than 2 m (6.5 ft) in height;
or
(ii) with an opaque natural vegetation no less than 2 m (6.5 ft) in height; or
(iii) a combination of (i) and (ii).
(3)
The landscaped buffer mentioned in Section 6.1.1(a) and 6.1.2(a) must:
(a)
consist of existing trees and other natural vegetation where possible;
(b)
consist of additional vegetation, structures or facilities designed to mitigate any
noise, odors, dust or other negative impacts on adjacent Residential Zones or uses;
and
(c)
not have any portion of any parking lot, parking spaces, outdoor storage, or garbage
storage visible from an abutting Residential Zone or use.
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(4)
When a permitted use in the I-2 (Heavy Industrial) Zone abuts a Residential, Commercial,
Institutional Zone or a public park it shall only be permitted if obnoxious odours, noxious
gases, noises, vibrations, dust, smoke, or fumes are buffered or mitigated in a manner that
prevents negative impacts on adjacent land uses.
6.1.2 Outdoor Storage and Display
(1)
Notwithstanding section 3.17, the outdoor storage of goods and materials in any Industrial
Zone shall be subject to the following requirements:
(a)
outdoor storage shall not be permitted in any required landscaped buffer, front yard,
flankage yard, side yard or rear yard;
(b) a yard used for outdoor storage that abuts a public right-of-way shall be buffered
along the abutting property line corresponding to the extent of the outdoor storage
area with an opaque fence a minimum of 2 m (4.9 ft) or an evergreen hedge a
minimum of 2 m (4.9 ft) in height, sufficient to screen the storage area from public
view; and
(c) no portion of any lot in an Industrial Zone shall be used as a garbage storage area
unless the garbage storage container is either screened by an opaque wooden fence a
minimum of 1.5 m (4.9 ft) in height or located between the main or accessory
building and the rear lot line.
(2)
Notwithstanding 6.1.2(1), outdoor display of goods and materials shall be permitted
provided that any yard used for outdoor display that abuts a public right-of-way is buffered
with an opaque fence a minimum of 2 m (6.6 ft) in height or solid evergreen hedge a
minimum of 2m (6.6 ft) in height.
6.1.3 Salvage Yard or Recycling Depot
Where land is used for the exterior storage of scrap, recycling, or automotive materials, the
following standards shall apply:
(a)
the whole of the area used for outdoor storage shall be surrounded by an opaque
fence, not less than 3 m (9.8 ft) and not greater than 5 m (16.4 ft) in height;
(b)
the fence must be located at least 6 m (19.7 ft) from the front lot line and 1.5 m (4.9
ft) from the side or rear lot lines, and the land between the fence and any lot line not
required for entrance and exit driveways shall be landscaped and maintained; and
(c)
no material shall be piled higher than the height of the surrounding fence.
6.1.4 I-1 and I-2 Zone Landscaping Requirements
(1)
A lot shall not be developed in an Industrial Zone unless the total lot area visible from a
public right-of-way or adjacent property, except for that part devoted to buildings and
structures:
(a) is paved, in the case of driveways and off-street parking areas; and
(b) is landscaped, in the case of that part of the lot other than driveways and off-street
parking, except in the case of lots having significantly surplus area.
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(2)
The required landscaped area shall include grass, trees and/or shrubs. Trees and shrubs shall
be planted at a minimum rate of 1 tree or shrub for each 93 m2 (1001 ft2) of the minimum
landscaped area.
(3)
Landscaping in any industrial zone shall consist of:
(a) at least 152.4 mm (6 in) of topsoil after compaction and the seeding or sodding
thereof;
(b) the planting of trees and or shrubs or the maintenance of existing trees and or shrubs
at the rate of one such plant for each 35 m2 (376.7 ft2) of required landscape area;
and
(c) notwithstanding 6.1.4(4)(b), may include partial devotion to driveways and
walkways.
(4)
No signs, accessory buildings, driveway nor parking areas shall be located in any required
landscaped area abutting a Residential, Commercial Institutional or Special Zone and any
landscaping shall be completed not later than one year from the date of the granting of the
building permit for the main building located thereon.
6.1.5 Lighting or Illumination Devices
Where an industrial zone abuts a residential use, outside illumination shall be directed away
from such residential use. Outside illumination fixtures should be full cut-off fixtures, not
emitting any light above a horizontal plane drawn through the bottom of the lighting fixture.
Glare guards, lower wattage lights and other measures may be required by the Development
Officer to rectify any light pollution infraction.
6.1.6 Larger Industrial Uses Subject to Terms and Conditions
For the purposes of this By-law, any use or operation within an industrial zone larger than
4,700 m2 (50,590.4 ft2) in area, including any areas exterior to the building used for storage
or other similar uses, shall be considered to be a development subject to such terms and
conditions as the Planning Advisory Committee deems appropriate and the Planning
Advisory Committee may prohibit the use where compliance with the terms and conditions
cannot be reasonably expected.
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6.2
I-1 (Light Industrial) Zone
6.2.1 I-1 Zone Permitted Uses
Within the I-1 (Light Industrial) Zone, no lot shall be developed for any other purpose than:
(a)
One or more of the following main uses:
(i)
an agricultural use;
(ii)
an automobile repair garage;
(iii)
an automobile service station;
(iv)
a conservation use;
(v)
a contractor's yard;
(vi)
an equipment sales and rental establishment;
(vii)
a farm produce retail outlet;
(viii)
a fire wood sales yard;
(ix)
a greenhouse or nursery;
(x)
a hotel or motel;
(xi)
a kennel;
(xii)
a manufacturing or industrial use where the main building does not
exceed 500 m2 (5,381.96 ft2) in gross floor area;
(xiii)
a public park;
(xiv)
a recreation use;
(xv)
a service shop;
(xvi)
a self-storage operation;
(xvii) a veterinary clinic;
(xviii) a warehouse or storage establishment;
(xix)
a welding or machine shop where the main building does not exceed 280
m2 (3,014 ft2) in gross floor area; and
(xx)
a microbrewery.
(b) a secondary use as outdoor storage or an outdoor display court for a use mentioned in
clause (a).
(c)
any accessory building, structure or use incidental to the main use of the land, building
or structure if such main use is permitted by this subsection.
6.2.2 I-1 Zone Requirements
(1)
Subject to subsection (2), no development shall be undertaken nor shall any land, building or
structure be used within the I-1 (Light Industrial) Zone unless the following standards are
met:
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Table 6.2.2: I-1 Lot Requirements
Lot Component
Requirement
Minimum lot area
1,400 m2 (15,000 ft2)
Minimum lot frontage
30 m (100 ft)
Minimum front and
flankage yard
9 m (30 ft)
Minimum rear yard
9 m (30 ft)
Minimum side yard
Main Building or Structure:
9 m (30 ft)
Accessory Building:
6 m (20 ft)
Maximum height
Main Building or Structure:
15 m (50 ft)
Accessory Building:
Two storeys or 7.6 m (25 ft)
Maximum lot coverage
50%
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6.3
I-2 (Heavy Industrial) Zone
6.3.1 Permitted Uses
Within the I-2 (Heavy Industrial) Zone, no lot shall be developed for any other purpose than:
(a)
One or more of the following main uses:
(i)
an abattoir;
(ii)
an agricultural use;
(iii)
an automobile repair shop;
(iv)
an automobile service station;
(v)
an equipment sales and rental establishment;
(vi)
a fabrication and processing facility;
(vii)
a forestry use;
(viii)
a gas bar;
(ix)
an industrial use;
(x)
a kennel;
(xi)
a manufacturing use;
(xii)
a restaurant;
(xiii)
a recycling depot;
(xiv)
a salvage yard;
(xv)
a service shop;
(xvi)
a veterinary clinic;
(xvii)
a warehouse or storage establishment;
(xviii)
a wholesale establishment; and
(xix)
a utility use.
(b)
a secondary use as outdoor storage or an outdoor display court for a use mentioned
in clause (a).
(c)
any accessory building, structure or use secondary to the main use of the land,
building or structure if such main use is permitted by this subsection.
6.3.2 I-2 Zone Uses Subject to Terms and Conditions (Conditional Uses)
One of the following main uses may be permitted subject to terms and conditions applied by
the Planning Advisory Committee:
(a) a pit; or
(b)
a quarry;
(c)
a cannabis production facility; or
(d)
an obnoxious use.
6.3.3 I-2 Zone Requirements
(1)
No development shall be undertaken nor shall any land, building or structure be used within
the I-2 (Heavy Industrial) Zone unless the following standards are met:
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Table 6.3.1: I-2 Lot Requirements
Lot Component
Requirement
Minimum lot area
3,000 m2 (32,291.7 ft2)
Minimum lot frontage
30 m (100 ft)
Minimum front and
flankage yard
9 m (30 ft)
Minimum rear yard
9 m (30 ft)
Minimum side yard
Main Building or Structure:
9 m (30 ft)
Accessory Building:
6 m (20 ft)
Maximum height
Main Building or Structure:
15 m (50 ft)
Accessory Building:
Two storeys or 7.6 m (25 ft)
Maximum lot coverage
60%
6.3.4 I-2 Zone Standards for Pits and Quarries
(1)
Issues to be considered under this section include:
a. Hazard to human life;
b. Damage to any adjacent property;
c. Impact on a public and private water main or well, a sewer, a water-course or a
street;
d. Geological stability;
e. Flood hazard;
f. Dust control; and
g. Hours of operation.
(2)
The maximum depth of accumulated water permitted in all extraction sites is 61 cm (2 ft.)
(3)
No extraction sites shall be permitted to serve as a storage place or dump for toxic materials,
scrap iron, domestic wastes, construction residues or any other material likely to be harmful
to the environment.
(4)
No extraction may be done within 250 m (820 ft.) of any watercourse, lake or pond.
(5)
The top of the slope of the extraction, or any building of structure shall be located a
minimum of 250 m (820 ft.) from a public highway.
(6)
A minimum distance of 250 m (820 ft.) shall be maintained between blasting and crusher
operations and adjacent residential uses, and
a. A mound or trench shall be used to absorb the noise caused by the crusher; and
b. Appropriate devices shall be used to prevent dust emission from the site.
(7)
The following setbacks shall apply to excavation sites where there is no blasting or crusher
operations:
a. A minimum distance of 152 m (500 ft.) shall be maintained between the site of a
quarry, and a residence;
b. 6.1 m (20 ft.) shall be maintained between the site of a quarry and the property line
of a quarry.
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(8)
Where an excavation site is not fenced, the following terracing or sloping standards apply:
a. Where the excavation is less than 6.1 m (20 ft.) in depth, it shall have a slope of not
more than 30 degrees;
b. Where the excavation is over 6.1 m (20 ft.) in depth, it shall have a terrace of not less
than 6.1 m (20 ft.) in width and at each 6.2 m (20 ft.) interval of the depth.
(9)
Fencing for excavation sites will comply to the following standards:
a. A fence at least 3.0 m (10 ft.) in height shall surround the extraction site and have a
lockable gate, and bear a sign with the word "danger" in letters at least 15.25 cm (6
in) high, installed at the entrance of the quarry or sandpit
b. Shall be located at least:
i. 4.0 m (13 ft.) from the edge of the extraction site; and
ii. 1.2 m (4 ft.) from any condition that would facilitate its being climbed from
the outside;
(10)
Where the extraction operations have ceased for more than 2 years, or such period as
determined by Council, the land shall be restored as follows:
a. The plant, equipment, buildings or structures installed on the site for excavation
purposes shall be removed;
b. All stockpiles, earth, sand, gravel or other material shall be placed back in the
excavation, spread out on the site or removed from the site;
c. The site must be leveled or sloped in such a manner that would allow less than 60 cm
(23.5 in) of accumulated water; and
d. All debris shall be removed from the site.
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7.0
INSTITUTIONAL ZONES
7.1
INST (Institutional) Zone
7.1.1 INST Zone Permitted Uses
(1)
Within the INST (Institutional) Zone, no lot shall be developed for any other purpose than:
(a) one of more of the following main uses:
(i)
a conservation use;
(ii) a cultural use
(iii) a government use;
(iv) an institutional use;
(v)
a long-term care facility;
(vi) a hospital or medical clinic;
(vii) a place of worship;
(viii) a private club;
(ix) a public park;
(x)
a recreation use; or
(xi) a utility use.
(b)
any accessory building, structure or use secondary to the main use of the land,
building or structure if such main use is permitted by this subsection.
7.1.2 INST Zone Uses Subject to Terms and Conditions (Conditional Uses)
One of the following main uses may be permitted subject to terms and conditions applied by
the Planning Advisory Committee:
(i)
a cemetery.
7.1.3 INST Zone Requirements
(1)
No development shall be undertaken nor shall any land, building or structure be used within
any INST (Institutional) Zone unless the following standards are met:
Table 7.1.3: INST Zone Requirements
Lot Component
Requirement
Minimum lot area
675 m2 (7,265.6sq ft)
Minimum lot frontage
20 m (65.6 ft)
Minimum front and flankage yard
7.62 m (25 ft)
Minimum rear yard
7.62 m (25 ft)
Minimum side yard
7.62 m (25 ft)
Maximum height of main building
15.24 m (50 ft) for the main portion and twice
the main height of the building for spires,
belfries or other subsidiary features.
Maximum height of accessory
building
The lesser of two storeys or 9 m (30 feet) or the
height of the main building or structure to which
it is accessory.
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8.0
SPECIAL ZONES
8.1
AR (Agricultural Reserve) Zone
8.1.1 AR Zone Permitted Uses
(1)
No development shall be undertaken nor shall any land, building or structure be used within
any AR (Agricultural Reserve) Zone for any purpose other than:
(a)
One of the following main uses:
(i)
an agricultural use including the keeping of livestock;
(ii) a forestry use;
(iii) a firewood sales yard;
(iv) a conservation use; or
(v)
a tourist home.
(b)
One of the following main uses on any lot existing upon date of enactment:
(i) subject to 4.1.21, a single-family dwelling; or
(ii) subject to 4.1.20, a mini-home.
(c)
One of the following secondary uses:
(i)
subject to 4.1.11(3), a bed and breakfast;
(ii) subject to 4.1.11, a home occupation;
(iii) subject to 4.1.14, an in-law suite;
(iv) subject to 4.1.13, a garden suite; or
(v)
subject to 4.1.14, a rental suite;
(d) Any accessory building, structure or use, including a single-family dwelling
incidental to the main use of the land, building or structure if this section permits
such main use.
8.1.2 AR Zone Uses Subject to Terms and Conditions (Conditional Uses)
(1)
One of the following main uses may be permitted subject to terms and conditions applied by
the Planning Advisory Committee:
(i)
a recreational use;
(ii) an institutional use; or
(iii) a farm produce retail outlet.
(2)
One of the following secondary uses may be permitted subject to terms and conditions as
may be applied by the Planning Advisory Committee:
(i)
subject to 4.1.10, a home day care;
(ii) a kennel;
(iii) subject to 4.1.19, a farm produce retail outlet; or
(iv) a nursery or greenhouse.
8.1.3 AR Zone Requirements
(1)
No development shall be undertaken nor shall any land, building or structure be used for the
purposes of a single-family dwelling, mini-home, tourist home, institutional use or
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recreational use within the AR (Agricultural Reserve) Zone unless the following standards
are met:
Table 8.1.3(1): AR Zone Lot Requirements (Residential and Institutional Uses)
Lot Component
Requirement
Minimum lot area
4,046.86 m2 (43,560 ft2; 1 acre)
Minimum lot frontage
54 m (180 ft)
Minimum lot depth
38 m (125 ft)
Minimum front and flankage
yard
7.6 m (25 ft)
Minimum rear yard
7.6 m (25 ft)
Minimum side yard
3.05 m (10 ft)
Maximum height
9 m (29.5 ft)
Maximum lot coverage
25%
(2)
Accessory buildings, structures and uses associated with a single-family dwelling, tourist
home or institutional use are permitted in the AR (Agricultural Reserve) Zone but they shall
conform to the requirements for accessory uses, buildings and structures in residential zones
as outlined in Section 4.1.8 of this By-law.
(3)
No development shall be undertaken nor shall any land, building or structure be used for the
purposes of an agricultural use, forestry use, farm produce retail outlet, pit, quarry, nursery
or greenhouse or a firewood sales yard within the AR (Agricultural Reserve) Zone unless
the following standards are met:
Table 8.1.3(3): AR Zone Lot Requirements (Other Uses)
Lot Component
Requirement
Minimum lot area
1.2 hectares (2.97 acres)
Minimum lot frontage
58 m (190.3 ft)
Minimum front and flankage
yard
10 m (32.8 ft)
Minimum rear yard
16 m (52.5 ft)
Minimum side yard
16 m (52.5 ft)
Maximum height
12.19 m (40 ft)
Maximum lot coverage
35%
(4)
When abutting a residential use, an agricultural use, forestry use and a pit or quarry are
subject to the following requirements:
(a)
landscaped buffer equal to the required yard outlined in Table 4.6.2, must be
provided on any lot line abutting a residential use;
(b)
there must be no outdoor storage or display of equipment visible from any public
street;
(c)
Noise from the use must be muffled so as not to be objectionable due to
intermittence, beat, volume or shrillness.
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8.2
RU (Rural Use) Zone
8.2.1 RU Zone Permitted Uses
(1)
No development shall be undertaken nor shall any land, building or structure be used within
any RU (Rural Use) Zone for any purpose other than:
(a)
One of the following main uses:
(i)
subject to 4.1.21, a single-family dwelling;
(ii)
subject to 4.1.20, a mini-home;
(iii) an agricultural use including the keeping of livestock;
(iv) a forestry use;
(v)
a firewood sales yard;
(vi) a conservation use; or
(vii) a tourist home.
(b)
One of the following secondary uses:
(i)
subject to 4.1.11(3), a bed and breakfast;
(ii)
subject to 4.1.11, a home occupation;
(iii) subject to 4.1.14, an in-law suite;
(iv) subject to 4.1.14 and 8.2.4, a tourist home;
(v)
subject to 4.1.13, a garden suite; or
(vi) subject to 4.1.14, a rental suite;
(c) Any accessory building, structure or use, including a single-family dwelling
incidental to the main use of the land, building or structure if this section permits
such main use.
(d) An agri-tourism use related to farm activities on the property or adjacent commonly
owned properties, subject to 8.2.4.
8.2.2 RU Zone Uses Subject to Terms and Conditions (Conditional Uses)
(1)
One of the following main uses may be permitted subject to terms and conditions applied by
the Planning Advisory Committee:
(i)
subject to 4.1.21, a recreational use;
(ii)
an institutional use; or
(iii) a farm produce retail outlet.
(2)
One of the following secondary uses may be permitted subject to terms and conditions as
may be applied by the Planning Advisory Committee:
(i)
subject to 4.1.10, a home day care;
(ii)
a kennel;
(iii) subject to 4.1.19, a farm produce retail outlet; or
(iv) a nursery or greenhouse.
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8.2.3 RU Zone Requirements
(1)
No development shall be undertaken nor shall any land, building or structure be used for the
purposes of a single-family dwelling, mini-home, tourist home, institutional use or
recreational use within the RU (Rural Use) Zone unless the following standards are met:
Table 8.2.3(1): RU Zone Lot Requirements (Residential and Institutional Uses)
Lot Component
Requirement
Minimum lot area
4,046.86 m2 (43,560 ft2; 1 acre)
Minimum lot frontage
54 m (180 ft)
Minimum lot depth
38 m (125 ft)
Minimum front and flankage
yard
7.6 m (25 ft)
Minimum rear yard
7.6 m (25 ft)
Minimum side yard
3.05 m (10 ft)
Maximum height
9 m (29.5 ft)
Maximum lot coverage
25%
(2)
Accessory buildings, structures and uses associated with a single-family dwelling, tourist
home or institutional use are permitted in the RU (Rural Use) Zone but they shall conform to
the requirements for accessory uses, buildings and structures in residential zones as outlined
in Section 4.1.8 of this By-law.
(3)
No development shall be undertaken nor shall any land, building or structure be used for the
purposes of an agri-tourism use, an agricultural use, forestry use, farm produce retail outlet,
pit, quarry, nursery or greenhouse or a firewood sales yard within the RU (Rural Use) Zone
unless the following standards are met:
Table 8.2.3(3): RU Zone Lot Requirements (Other Uses)
Lot Component
Requirement
Minimum lot area
1.2 hectares (2.97 acres)
Minimum lot frontage
58 m (190.3 ft)
Minimum front and flankage
yard
10 m (32.8 ft)
Minimum rear yard
16 m (52.5 ft)
Minimum side yard
16 m (52.5 ft)
Maximum height
12.19 m (40 ft)
Maximum lot coverage
35%
(4)
When abutting a residential use, an agricultural use, forestry use and a pit or quarry are
subject to the following requirements:
(a)
landscaped buffer equal to the required yard outlined in Table 8.2.3(3) must be
provided on any lot line abutting a residential use;
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(b) there must be no outdoor storage or display of equipment visible from any public
street;
(c)
Noise from the use must be muffled so as not to be objectionable due to
intermittence, beat, volume or shrillness.
8.2.4 RU Zone Commercial Use Requirements
(1)
The removal of topsoil shall be prohibited in the RU (Rural Use) Zone except for operations
which by their very nature involve the removal of topsoil such as sod farming and peat
harvesting.
(2)
A permit may be issued for the following agri-tourism uses:
(a) Agri-tourism accommodations provided that:
(i) There are 10 or fewer sleeping units (a bedroom or other area used as bedroom);
(ii) The total developed area of the agri-tourism accommodation shall be less than 5%
of the farm area;
(iii) The agri-tourism accommodation shall be accessory to and clearly related to the
agricultural use of the farm; and
(iv) Any new buildings or building additions shall be sensitive to the surrounding rural
architectural style.
(b)
Microbreweries and retail shops, up to a maximum of 93 m2, are permitted provided
they are accessory and clearly related to the agricultural use of the property.
8.2.5 Landscaping Requirements for Rural District Developments
(1)
Non-agricultural development encroaching against agricultural properties is required to
establish a treed field windbreak, or vegetative landscape buffer around the non-agricultural
use to reduce land use conflicts, enhance environmental protection and to recognize the need
for a treed windbreak. The treed windbreak shall be Landscaped in accordance with the
following:
(a) Landscaping shall be provided on a Site within 18 months of the occupancy of a
development or commencement of a Use;
(b) Trees and shrubs shall be maintained on a Site for a minimum of 42 months after the
occupancy of a development or commencement of a Use;
(c) all applications for a Development Permit will have approval conditional on
providing landscaping between any building and the property boundary abutting the
property zoned RU (Rural Use) Zone.
(d) new trees and shrubs shall be provided on the following minimum basis:
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(i)
a single row of deciduous trees shall be a minimum 50 mm Caliper planted in
2 m spacing; or
(ii)
a single row of coniferous trees shall be a minimum of 2.5 m in Height
planted in 2 m spacing.
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8.3
OS (Parks and Open Space) Zone
8.3.1 OS Zone Permitted Uses
(1)
Within the OS (Parks and Open Space) Zone, no lot shall be developed for any other
purpose than:
(a) one of more of the following main uses:
(i)
a boat landing;
(ii) a campground operated by a government;
(iii) a conservation use;
(iv) a public open space;
(v)
a public park; or
(vi) a recreational use, including any related interpretive heritage and/or
ecotourism use.
(b)
any accessory building, structure or use secondary to the main use of the land,
building or structure if such main use is permitted by this subsection.
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9.0
SIGNAGE
9.1
General Signage Criteria
(1)
Any illuminated sign must be lit internally with all light shining through a translucent or
coloured material and incorporate the use of Light Emitting Diode (LED) lights where
possible.
(2)
No sign shall be erected, operated, used or maintained which:
(a)
due to its position, shaped, colour, format or illumination obstructs the view of, or
may be confused with, an official traffic sign, signal or device, as determined by the
Development Officer.
(b)
displays lights resembling the flashing lights usually associated with danger or those
used by police, fire, ambulance and other emergency vehicles;
(c)
obstructs the use of a fire escape, door, window or other required exit;
(d)
projects over or rests upon any part of a public right-of-way or public sidewalk,
except a fascia or canopy sign unless otherwise permitted in this By-law;
(e)
extends more than 45 cm (17.7 in) above the roof line or parapet of the building or
the top of the marquee or canopy, nor shall it extend beyond the end of the wall,
marquee or canopy that it is attached to;
(f)
is attached to a tree or utility pole;
(g)
is a roof sign; and
(h)
is an off-site sign, except a sign giving general warning or direction to the public.
(3)
The provisions of this By-law with respect to existing signs that do not conform to the By-
law at the time of its effective date shall not be construed to have a retroactive effect. The
exception to this rule is a non-conforming sign that is relocated, altered, or removed which
is then required to comply with the provisions of this By-law. The provisions of this section
shall not exempt the owner of a non-conforming sign from the obligation for proper
maintenance of a sign.
(4)
No sign shall be painted upon or cover a fence or roof.
9.2
Sign Area Calculations
(1)
For the purposes of determining the total permitted area of any sign:
(a) the sign area shall be considered to be the area of the smallest triangle, square,
rectangle, circle or semi-circle that can totally circumscribe the sign face in the plane
of its largest dimension of a fascia sign as shown below in Figure 9.1:
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Figure 9.1
(b) in the case of fascia signage featuring individual letters affixed to a building face, the
total sign area is the sum of the sign area for each individual letter as shown below
in Figure 9.2:
Figure 9.2
(c)
when determining the sign area of a freestanding or directory sign, the total area of
one or more sign boxes must be calculated as shown below in Figures 9.3and 9.4;
and
Figure 9.3
Figure 9.4
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(d) each visible face of a sign shall be calculated separately and the then totaled in
determining the sign area.
9.3
Specific Sign Provisions
9.3.1 Signage in a Residential Zone
(1)
Signs associated with a permitted home occupation, home day care, home office or boarding
house shall:
(a)
be attached to, placed or erected upon, against or projecting from a wall of the
residence;
(b)
be attached below the second storey windows;
(c)
not exceed 1 m2 (10.8 ft2) in sign area;
(d)
not be illuminated; and
(e)
not exceed 2.25 m (7.38 ft) in height for freestanding signs and must comply with
proper sight triangle.
(2)
Any sign not requiring a permit under section 9.3.3 shall be permitted in all residential
zones.
(3)
In Residential and Rural Area zones, signs shall not be used for any purpose other than to
identify the residents therein, to warn against trespassing, or to advertise a secondary use.
9.3.2 Freestanding or Directory Signs
(1) Freestanding or directory signs are permitted in the MU-1 (Mixed-use Main Street) Zone, ,
MU-2 (Mixed-use Core) Zone, C-4 (Business Park) Zone and I-1 (Light Industrial) Zone
provided that:
(a)
no sign shall exceed a maximum height of 5 m (16.4 ft);
(b)
no sign shall exceed a maximum size of 6 m2 (64.5 ft2) in sign area per sign face for
a single business property and 9 m2 (96.9 ft2) in sign area per sign face for a
multiple-business property;
(c)
no more than one freestanding or directory sign shall be permitted for every 30 m
(98.4 ft) of lot frontage; and
(d)
no sign shall extend beyond the street right-of-way line at the outermost point of the
sign.
(2)
Freestanding or directory signs are permitted in the C-3 (Highway Commercial) Zone, C-2
(General Commercial) and I-2 (Heavy Industrial) Zone provided that:
(a)
no sign shall exceed a maximum height of 10 m (32.8 ft);
(b)
no freestanding or directory sign shall have signage that exceeds:
(i)
6 m2 (64.6 ft2) in sign area per sign face for a one or two business building;
(ii) 8.75 m2 (94.2 ft2) in sign area per sign face for a three (3) business building;
(iii) 11.5 m2 (123.8 ft2) per sign face in sign area for a four (4) business building;
and
(iv) 14.25 m2 (153.4 ft2) in sign area per sign face for a five (5) or more business
building.
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(c)
no more than one freestanding or directory sign shall be permitted for every 30 m
(98.4 ft) of lot frontage; and
(d)
no sign shall extend beyond the street right-of-way line at the outermost point of the
sign.
9.3.3 Projecting Signs
Projecting signs shall be permitted in all zones except residential zones, provided that:
(a)
no sign shall exceed a maximum size of 6 m2 (64.5 ft2) in sign area;
(b)
no sign shall project more that 1 m (3.3 ft) from the building wall;
(c)
there shall be a maximum of one projecting sign per business on a property; and
(d)
no sign shall project more that 30 cm (12 in) above the roof of a building.
9.3.4 Fascia Signs
(1)
Fascia signs shall be permitted in all MU-1 (Mixed-use Main Street) Zone, MU-2 (Mixed-
use Core) Zone, C-1 (Neighborhood Commercial) Zone, I-1 (Light Industrial Zone), INST
(Institutional) Zone and for agricultural uses, provided that:
(a)
the total sign area of the building does not exceed ten percent (10%) of the total
surface area of the building face where the signage is to be erected; and
(b)
no single sign shall exceed 1.5 m (4.9 ft) in height.
(2)
Fascia signs shall be permitted in the C-2 (General Commercial) Zone, C-3 (Highway
Commercial) Zone, C-4 (Business Park) Zone and I-2 (Heavy Industrial) Zone provided
that:
(a)
signage does not exceed twelve percent (12%) of the total surface area of the
building face where the sign is to be erected; and
(b)
no individual sign shall exceed 3.0 m (9.8 ft) in height.
(3)
Subject to 9.7(2), fascia signs in any zone shall not exceed the length of the wall of the
building upon which the sign is to be displayed.
(4)
No fascia sign shall project more than 25 cm (10 in) from the wall that the sign is affixed to.
9.3.5 Portable Signs
Portable signs shall only be permitted within the INST (Institutional) Zone.
9.3.6 Sandwich Board Signs
(1)
In all zones, except residential zones, sandwich board signs are permitted provided that the
sign shall:
(a)
not exceed a single sign face area of 0.5 m2 (5.4 ft2);
(b)
no more than one sandwich board sign is provided per lot;
(c)
it is not located within the required sight triangle; and
(d)
it does not obstruct pedestrian or vehicular traffic along any publicly owned land
such as a sidewalk or street right-of-way.
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9.4
Signage Permits
(1)
No person shall construct, erect, display, alter or relocate a sign and no person being the
owner or lessee of property shall permit, suffer or allow the construction, erection, display,
alteration or relocation of a sign on such property without a sign permit first having been
obtained in accordance with the provisions of this By-law.
(2)
No permits shall be issued for a sign constructed on a permanent foundation without a
building permit having first been issued in accordance with the Building By-law.
(3)
Notwithstanding the provisions of 9.3(1), no sign permit is required for:
(a)
real estate signs that are of a temporary nature and advertise the property upon which
they are located as being available for immediate sale, lease or rent;
(b)
construction signs temporarily located on a lot that identifies the project, owner,
architect and/or consulting engineer;
(c)
advertising specific community events;
(d)
traffic and directional signs authorized by the Town;
(e)
signs less than 0.09 m2 (1ft2) in area;
(f)
election signs; and
(g)
signs posted or exhibited in a building, including signs inside a window, except neon
or flashing signs.
(4)
Notwithstanding 9.4(3) a real estate sign may be permitted on a different persons property if
written consent is provided to the Development Officer.
9.5
Applications and Plans
(1)
An applicant for a sign permit shall:
(a)
complete a sign permit application in a form prescribed by the Development Officer for
the Town of Florenceville-Bristol;
(b)
submit plans and specifications of the proposed sign and of any supporting framework
and anchoring devices;
(c)
submit a site plan showing public and private right-of-way boundaries, the location of
existing signs and the proposed sign that is the subject of the application;
(d)
a list of the materials proposed to be used in the construction of the sign;
(e)
provide such additional information as the Development Officer may require as to
stress-bearing capacities of the sign and the equipment used in its placement; and
(f)
submit a sign permit to the Development Officer for each sign that a permit is required
under the provisions of this By-law.
9.6
Abandoned and Unlawful Signs
(1)
No person being the owner or lessee of property that a sign is located shall permit, suffer or
allow such sign, its sign face, supports, electrical system or anchorage to become unsightly,
dilapidated or unsafe.
(2)
The Development Officer may require the removal of any sign that, in their opinion is, has
become, unsightly, or is in such a state of disrepair as to constitute a hazard.
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(3) Any sign that no longer advertises a bona fide business or service on the premises shall be
removed within sixty (60) days of termination of the business or service.
9.7
Signage Variances
(1)
The Planning Advisory Committee may permit a fascia, freestanding or directory sign to
exceed the height and area requirements of this By-law through a variance. When reviewing
a variance application Town Staff and the Planning Advisory Committee shall consider the
following:
(a)
the visual dominance of the sign;
(b)
whether the sign is out of scale in context to surrounding buildings and other signage
in the area;
(c)
the impact on the architectural features of the building and surrounding environment;
(d)
the impact of illuminated signage on the surrounding environment; and
(e)
whether the proposed signage impacts pedestrian or vehicular movement.
(2)
The Planning Advisory Committee may permit a fascia sign to project beyond the wall of a
building so long as the sign:
(a) adds to the architectural appeal of the building;
(b) does not impact adjacent land uses through illumination or dominance of the sign;
and
(c) does not impact pedestrian or vehicular movement.
(3)
Refer to the User Fee Policy for the signage variance fee applicable.
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10.0
REPEAL AND TRANSITION
(1)
The Town of Florenceville-Bristol Zoning By-law enacted October 8, 2019 and all
amendments thereto is hereby repealed, and this by-law substituted therefore.
READ FIRST TIME:
June 9, 2020
READ SECOND TIME:
June 9. 2020
READ THIRD TIME AND ENACTED:
July 14, 2020
Mayor
Town Clerk
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PART III - ZONING MAP SCHEDULES
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Schedule A
Zoning Map Key Plan
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Schedule B: Ward 1 Zoning Map
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Schedule C: Ward 2 Zoning Map