By-Law No. Z.2 (Village of Blacks Harbour) — Rural Plan
Eastern Charlotte, New Brunswick
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l hereby certify that I have compared the attached copies of By-law No. Z.2, titled A By-law to Adopt the Village
of Blacks Harbour Rural Plan, with the original By-law No. Z.2 and have found them to be true copies thereof,
that the requirements of the Local Governance Act and Community Planning Act have been satisfied, and that
the original By-law was read the first time on 20th day of April, 2022, read the second time on the 18th day of
May, 2022, and read the third time and enacted on the 1-1 day of June, 2022, as shown by the original record
thereof.
Dated this 13th day of June 2022.
lerk, Village of Blacks Harbour
Village of Blacks Harbour
BY--LAW Z.2
A sv .. ,LAw TO ADOPT THE VILLAGE OF BLACKS HARBOUR RURAL PLAN
Under the authority vested in it by Section 33(1) of the Community Planning Act, the
Municipal Council of the Village of Blacks Harbour, duly convened, enacts as follows:
1. The area of land lying within the territorial limits of the Village of Blacks Harbour, as described
by Subsection 41(2) of Regulation 85--6 under the Municipalities Act and as outlined on the map
attached as "Schedule A", entitled Village of Blacks Harbour Zoning Map is designated for the
purpose of the adoption of the Rural Plan and is the area to which this by--law applies;
2.
The rural plan of the Village of Blacks Harbour, setting out policies, proposals and zoning
provisions designed to guide, control and encourage the orderly economic, social and physical
development of the municipality, is hereby adopted;
FIRST READING BY TITLE:
SECOND READING IN ITS ENTIRETY:
THIRD READING BY TITLE AND ENACTMENT:
APRIL 20th, 2022
MAY 18th, 2022
JUNE 1
5
\ 2022
In witness whereof Blacks Harbour had caused its corporate seal to be hereunto
this by-law the 6th of June, 2022
~.=
Clerk
APPROOVt
Ee epplcllloa de la .
lollll'l'llllNiidlwe
I, Stacey Frost, of the Village of Blacks Harbour, in the County of Charlotte, and Province of New
Brunswick, Village Clerk, DO SOLEMNLY DECLARE:
1.
THAT I am the Clerk of the Village of Blacks Harbour, a municipal corporation, and have
personal knowledge of the facts herein declared.
2.
THAT the requirements of Sections 33, 110 and 111 of the Community Planning Act have
been complied with in respect to Bylaw No. 2.2, being the Rural Plan Bylaw for the
Village of Blacks Harbour.
AND I make this solemn declaration conscientiously believing it to be true and knowing
that it is of the same force and effect as if made under oath and by virtue of the
Evidence Act.
DECLARED before me at the Village of Blacks Harbour in the County of
Charlotte and Province of New
Brunswick, this 7th day of June
A.D2~
COMMISSIONER OF OATHS
Connie E. M. Klein
A Commissioner of Oaths
My Commission e:Jry:.
December 31, 20
Stacey Fros~ Clerk
Village of Blacks Harbour Rural Plan
2.2 (Consolidated April 2022)
Table of Contents
PART A : GENERA L ........................................................................................................................ 1
2.0
INTRODUCTION .............................................................................................................. 1
2.1
Title ........................................................................................................................................... 1
_2.2
Area Designation ................................................................................................... 1
_2.4
Organization ............................................................................................................. 2
_2.5
Repeal of Existing By---Laws ............................................................................ 2
_2.6
Amendments ............................................................................................................. 2
_2.7
Variances ..................................................................................................................... 3
_2.8
Fees for Planning Services ............................................................................. 3
2.9
DEFINITIONS .................................................................................................................... 4
PART B: POLICIES & PROPOSALS ..................................................................................... 9
4.0
GENERAL DEVELOPMENT ........................................................................................ 9
5.0
R ES I D E NT I AL US ES ..................................................................................................... 12
6.0
COM M ER CI AL USES ................................................................................................... 14
7.0
I N ST ITU TI O NA L USES ............................................................................................... 15
8.0
INDUSTRIAL USES ....................................................................................................... 16
9.0
RECREATION USES ..................................................................................................... 17
10.0
RURAL USES .................................................................................................................... 18
11.0
EN VI RON M E NT AL CO NS ERV AT IO N ................................................................ 19
12.0
PROTECTION OF WATER SUPPLY ..................................................................... 20
13.0
MUNICIPAL INFRASTRUCTURE .......................................................................... 22
14.0
H e r it age a n d A r ch a e o I o g i ca I Sites ............................................................... 23
15.0
PROTECTION SERVICES ........................................................................................... 24
PART C: ZONING PROVISIONS ........................................................................................ 25
16.0
ADMINISTRATION ....................................................................................................... 25
17.0
GENERAL PROVISIONS ............................................................................................ 28
18.0
SINGLE & TWO FAMILY RESIDENTIAL ZONE (R·-1) ................................ 38
19.0
SINGLE, TWO & MULTI-FAMILY RESIDENTIAL ZONE (R- 2) ...................... 41
20.0
HIGH DENSITY MULTI - FAMILY ZONE (R-3) ..................................................... 43
21.0
MINI HOME RESIDENTIAL ZONE (R---MH) .................................................... 44
22.0
COMMERCIAL ZONE (C) ......................................................................................... 45
23.0
INSTITUTIONAL ZONE (lnst) ............................................................................... 47
24.0
INDUSTRIAL ZONE (lnd) ......................................................................................... 48
25.0
RECREATION ZONE (Rec) ...................................................................................... 50
26.0
RURAL ZONE (RR) ....................................................................................................... 51
27.0
R ESTRI CTE D D EVE LOP ME NT ZONE (RD) ..................................................... 53
28.0
CONSERVATION ZONE (Cons) ............................................................................ 54
SCHEDULE A: ZONING MAP ..................................................................................................................... 55
Z.1 --- Blacks Harbour Rural Plan
PART A: GENERAL
2.0
INTRODUCTION
2.1
Title
This by-law may be cited as the Village of Blacks Harbour Rural Plan.
2.2
Area Designation
The area of land lying within the territorial limits of the Village of Blacks Harbour, as
described by subsection 41(2) of Regulation 85--6, under the Municipalities Act and
as outlined on the map attached as Schedule A, entitled "Zoning Map", is designated
for the purposes of the adoption of this Rural Plan and is the area to which this by-
law applies.
2.3
Purpose
The Rural Plan sets out the Village Council's long--term policies and proposals to
guide future land use development. The Plan is intended for use by Council and
residents to guide day--to-day decisions with respect to land use development and
capital expenditures. The Plan should be reviewed every five years in accordance
with the provisions of the Community Planning Act. Periodic amendments to the
Plan may be required. These should be undertaken with due process, including
public consultation, as outlined in the Community Planning Act for plan
amendments.
The adoption of a Rural Plan does not commit the Village or Province to undertake
any proposal therein stated (as per Section 33 of the Community Planning Act), but
shall prevent the undertaking of any development that is inconsistent or at variance
with:
(a) In the case of the Village, any proposal or policy so outlined or suggested; or
(b) In the case of the Province or a person, any policy or proposal so outlined or
suggested
For clarification, in this Rural Plan, a Policy is a statement reflecting community
objectives and outlining a means to achieve them. Policies are the foundation of the
Plan. All other components of the Rural Plan, including the zoning and development
standards, as well as any amendments thereto, are to conform to the intent of these
policies. Proposals are actions that are desirable, but not essential to meeting the
objectives of the Rural Plan. While Council is not required to undertake any stated
Proposal, it cannot enact measures that are contrary to a Proposal.
2.2 -·· Blacks Harbour Rural Plan
1
2.4
Organization
The contents of t his plan include:
(a) Part A, which outlines the title, area designation, contents and purpose of the
plan;
(b) Part B, which outlines the policies and proposals of Council; and
(c) Part C, which contains the zoning provisions intended to assist with
implementation of the policies and proposals. Part C also contains the legal
zoning map that accompanies and illustrates the zoning provisions.
2.5
Repeal of Existing By--Law s
The following by--laws are hereby repealed:
(a) By---law No. Z.l
Village of Blacks Harbour Zoning By-law
(b) By-law No. Z.1.1
a By-law to amend By-law No. Z.1
(c) By-law No. Z.1.2
a By-law to amend By-law No. Z.1
(d) By-law No. Z.1.3
a By-law to amend By-law No. Z.1
2.6
Amendments
(1)
A person who seeks to have this By--law amended shall:
(a) address a written and signed application to the Development Officer; and
(b) pay a fee of $400, payable to the Village of Blacks Harbour.
(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 Planning Advisory Committee or Development Officer for the
purpose of adequately assessing the desirability of the proposal.
(4)
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.
Z.2 -·· Blacks Harbour Rural Plan
2
2.7
Variances
(1) The Planning Advisory Committee may permit, subject to such terms and
conditionsas it considers fit:
(a) a proposed use of land or a building that is otherwise not permitted
under the Rural Plan if, in its opinion, the proposed use is sufficiently
similar to or compatible with a use permitted in the Rural Plan for the
zone in which the landor building is situated, or
(b) such reasonable variance from the requirements of the zone provisions
falling within paragraph 53(2)(a) of the Community Planning Act as, in its
opinion, is desirable for the development of a parcel of land or a building
or structure andis in accord with the general intent of the By--law and
any plan or statement hereunder affecting such development.
(2) Where requested to permit a proposed use or variance ·under sub-section (1),
the Development Officer may give notice to owners of land in the immediate
neighbourhood:
(a) describing the land;
(b) describing the use proposed or variance requested; and/or
(c) giving the right to make representation to the Planning Advisory
Committee within the time limit set out in the notice.
2.8
Fees for Planning Services
The following planning services are associated with the applicable fees:
(1) zoning confirmation letter (stating the current zoning on subject lands), $100;
(2) zoning compliance letter (indicating whether the use of the subject land,
building or structure is in compliance with the Village of Blacks Harbour Rural
Plan), $200;
(3) processing and considering applications under section 53(2)(h) of the
(4) Community Planning Act (temporary uses), $250;
(5) processing and considering requests under section 35 of the Community
Planning Act (dimensional variances, similar uses, non--conforming uses,
conditional uses), $250; and
(6) processing and considering requests for rezoning, $400.
2.2 -·· Blacks Harbour Rural Plan
3
2.9
D EFI N IT I ON S
"Accessory Building" means a detached subordinate building, not used for human habitation,
located on the same lot as the main building, structure, or use to which it is accessory, the use of
which is naturally or customarily incidental to the main use of the land, building, or structure.
"Accessory Dwelling Unit" means a dwelling unit which is secondary to the principal dwelling
unit and contained in the basement or cellar of the same building and not exceeding 60 square
metres.
"Act" means the Community Planning Act, Chapter C-12, R.S.N.B.;
"Aggregate" means gravel, sand, clay, shale, earth, stone, limestone, granite, marble, rocks and
stones other than metallic ore.
"Aggregate Use" means the use of land for excavation of an aggregate including gravel, sand,
clay, shale, earth, stone, limestone, granite, marble, rocks and stones other than metallic ore.
"Agricultural Use" means any use of land for the purpose of producing crops and livestock.
"Alter'' means to make any change, structurally or otherwise, in a building or structure which is
not for the purpose of only maintenance.
"Bed and Breakfast Establishment" means a dwelling in which the resident owner or resident
manager provides short-term overnight accommodation and meals, usually breakfast, to the
public.
"Beverage Room" means a beverage room licensed under the Liquor Control Act of New
Brunswick and includes a tavern.
"Boarding 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/her family, but does not include a hospital, home for the aged or infirm, or other
establishment otherwise classified by this By-law.
"Building" means a roofed erection with solid exterior walls which is permanently affixed to a
site and which is used or intended as a shelter for persons, animals, or chattel.
"Building Inspector" means the inspector(s) appointed by the Council to apply the Building By-
law for the Planning Area.
"Cemetery" means the use of land primarily as landscaped open space in the placement of
grave sites.
"Commercial" means any use of land, buildings, or structures for the purpose of buying or
selling goods or services to the general public.
"Community Centre" means an establishment that provides for non-commercial purposes
cultural, educational, recreational, or social activity or events.
"Conservation Use" means the preservation, protection and/or improvement of the
components of the natural environment through management and maintenance for both
2.2 --- Blacks Harbour Rural Plan
4
individual and society's uses, both in t he present and in t he future.
"Dwelling" means a main building, or portion thereof-- other than a mobile home, mini-home, or
trailer, which contains one or more dwelling units.
"Dwelling Unit" means a room, or a suite of two or more rooms, designated or intended for use
by an individual or family in which culinary facilities and sanitary conveniences are provided for
the exclusive use of such individual or family.
"Dwelling, Multiple--Unit" means a building comprising three or more dwelling units which
generally has shared outside access.
"Educational Building" means an establishment providing academic and/or technical instruction
and may include supplementary school cafeterias, book stores, amusement activities, recreation
facilities, instruction function, and community assembly use. This term refers to uses such as
public and private schools and community colleges.
"Erect" means to construct, build, assemble, or re-locate a building or structure, as well as any
physical operations preparatory thereto.
"Facia Sign" means a sign attached or erected horizontally parallel against the face of a building
for the purpose of identification of a business or occupancy.
"Family" means one or more persons, not necessarily related, occupying a premises and living
as a single housekeeping unit, as distinguished from a group occupying a hotel or boarding or
rooming house.
"Farmland" means real property defined in the Assessment Act, and includes farm woodlots.
"Flag Lot" means a lot lacking the required minimum lot width or frontage on an existing or
proposed street but having direct access to the street through a narrow leg of land. A diagram
has been provided for example purposes only.
"Forestry" means the general raising and harvesting of wood and, without limiting
the
generality of the foregoing, shall include the raising and cutting of fuel wood, pulp, wood,
lumber, Christmas trees, and other products as well as the milling and sawing of wood.
"Freestanding Sign" means a sign erected on a freestanding mast or pole and not attached to
any building.
"Garbage Receptacle" means a container used for the temporary storage of garbage, rubbish,
refuse, recyclable or compostable materials.
"Garden Suite" means a temporary accessory building not used for income on a lot otherwise
occupied by a single-detached dwelling and is intended for the sole occupancy of persons
related to the owners of the main dwelling.
"Gas Bar" means an establishment where motor vehicle fuel and other liquids necessary for the
operation of a vehicle are sold to the general public, and may include the sale of convenience
items.
"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 mechanical room, stairwells, garbage room,
electrical room, elevators and car parking areas.
Z.2 -·· Blacks Harbour Rural Plan
5
"Ground Floor Area" means the floor space of a building at the ground level, not including
garages, carports, porches, verandahs, breezeways, approach halls or stairways (except for
those completely contained within a dwelling unit.
"Home-Based Business" means a secondary use conducted in a dwelling unit, or an accessory
building, for gain or support which is compatible with a domestic household, and which is
carried on by at least one member of the family residing in the dwelling unit.
"Hotel/Motel" means a commercial building providing temporary accommodations for travelers
or transients, and may have a public dining room and convention meeting room.
"Industrial" means any use of land, buildings, or structures for the manufacturing, processing,
fabricating, or assembly of raw materials or goods; warehousing or bulk storage of goods, and
related accessory uses.
"Institutional" means any use of land for places of public assembly such as public buildings or
structures, places of worship, schools, or cemeteries and public utilities.
"Lot" means a parcel of land, or two or more adjoining parcels, held by the same owner and
used or intended to be used as the site for a building or structure, or an appurtenance thereto.
"Main Building'' means a building in which is conducted the main or principal use of the Jot on
which the building is located.
"Manufacturing" means production, compounding, processing, crating, bottling, packing, or
assembling of raw or pre-processed materials, including chemical production, refining, smelting,
forging, stamping, blanking, or punch-·pressing.
"Mini--Home" means a dwelling, other that a mobile home, fabricated in an off-site
manufacturing facility for installation or assembly at the building site, and provided with a CSA
approved stamp and number and/or meeting the requirements of the National Building Code.
"Mobile Home" means a manufactured, moveable or portable dwelling unit constructed to be
towed to its appropriate site on its own chassis, connected to utilities and designed for year-·
around living. It may consist of one or more 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.
"Mobile Home and Mobile Home Park" have the same meaning as provided in Regulation 84-
291-Community Planning Act.
"Motor Vehicle Sales/Service" means an establishment for the sale and/or rental of passenger
vehicles, trucks, vans, motorcycles, snowmobiles, tent and holiday trailers, boats or other
recreational vehicles or craft, and includes supplementary vehicle maintenance, sale of vehicle
parts and accessories, and dispensing of motor fuel.
"Public Utility'' means a building, structure, power or telephone pole or line, or underground
service line used in conjunction with the supply of local utility services including a water or
wastewater pumping station, a water storage reservoir, a gas regulator building, a hydro sub--
station, a cable facility, or a telephone facility.
Z.2 -·· Blacks Harbour Rural Plan
6
"Recreation" means active or passive sports or leisure-·t ime activities and without limiting the
generality of the foregoing shall include horseback and sleigh-riding operations, hiking trails,
cross-country ski facilities, farm vacations, as well as hunting, trapping, and fishing on un-posted
land.
"Restaurant" means an establishment where food is prepared and offered for sale to the public
for consumption within the building or structure, or to be taken off the premises.
"Retail Store" means an establishment for the retail sale or rental of merchandise, including
hardware, from within an enclosed building and may include supplementary postal services, film
processing, repair of merchandise sold or rented by the store, and food consumption areas not
exceeding 20% of the gross leasable area.
"Rooming House" means a dwelling in which furnished habitable rooms are regularly provided
for compensation to four or more persons other than the occupant and members of his/her
family. Boarding House and Hotel/mote/ are separate uses.
"Rowhouse Dwelling" a series of more than two individual dwelling units, attached in a row,
separated from each other by common wall(s), each on a fee simple lot on which each dwelling unit
has its own amenity space, entrance at grade level, and parking area
"Salvage or Waste Disposal Facility" means an establishment for purchasing, receiving, re--sale,
or transporting of spent materials or substances which may generate a detrimental impact or
nuisance. This term refers to uses such as salvage and scrap yards, solid waste transfer stations,
garbage container services, and effluent tanker services.
"Service Shop" means a building, or part thereof, for the servicing or repair of articles, goods, or
materials, but shall not include manufacturing or motor vehicle repair.
"Sign" means any display of advertisement, placard, boarding, billboard, or other means of
public notice or announcement whether erected or posted, and which is suitable or adaptable
for such purpose, whether or not it is used at the time for such purpose.
"Single--Family Dwelling" means a dwelling containing only one dwelling unit.
"Solar Collector, Attached" means any solar collector system that is mounted onto an existing
building or structure.
"Solar Collector, Free-Standing" means any solar collector system that is ground installed
"Solar Collector System" means any system that collects heat energy from the sun for the
purposes of capturing heat or converting to electricity.
"Solar Collector System, Small Scale" means any solar energy system that is building mounted,
or any ground installed facilities for personnel use.
"Street Line" means the limit of the highway, road or street right-of-way and is the dividing line
between a lot and the highway, road or street. A diagram has been provided for example
purposes only.
"Structure" means an erection other than a building, power or telephone pole or line.
"Swimming Pool" means any accessory structure, construction, basin or tank above or below
grade, which is designed to hold water and intended for swimming and having the capacity to
contain water in excess of a depth of 0.6 metres.
Z.2 --- Blacks Harbour Rural Plan
7
"Trailer'' means any vehicle so constructed as to be suitable for attachment to a motor vehicle
for the purpose of being drawn or propelled by the motor vehicle, and capable of being used for
the temporary living, sleeping, or eating accommodation of persons, notwithstanding that such
vehicle is jacked-up or that its running gear is removed.
"Two--Family Dwelling" means a dwelling containing two dwelling units.
"Use" means the purpose for which land or a building or structure or a combination thereof, is
designed, arranged, erected, intended, occupied, or maintained.
"Use-Accessory" means a use, other than for human habitation, or land, or of a building or
structure which is: (a) not the main building or structure on a lot; (b) naturally complementary to
the main use of the land, or the main use of the lot being conducted in the main building or
structure; and (c) not a secondary use.
"Use--Secondary" means a use, other than a main use, permitted in a dwelling.
"Warehouse" means an establishment for the storage and/or wholesale distribution of goods,
where the warehouse component occupies at least 51% of the gross floor area.
"Width" means, in relation to a lot:
(a)where the side lot lines are parallel, the distance measured across the lot at right angles to
such lines; or
(b) where the side lot lines are not parallel, the distance measured across the lot along a line
parallel to a line joining the points at which the side lot lines intersect the street line, such
parallel being drawn through the point at which the line of minimum set--back intersects a
line from the midpoint of and perpendicular to the line to which it is parallel. A diagram has
been provided below for example purposes only.
"Wind Turbine, Small Scale" means a wind turbine that is owned and operated for the owner's
use and having a capacity of less than 10 kW.
Z.2 --- Blacks Harbour Rural Plan
8
PART B: POLICIES & PROPOSALS
4.0
GENERAL D EV ELOPMEN T
General development policies have been established for a broad range of
development types. The intent of these policies and proposals is to ensure that
development is efficient, compatible and in keeping with community characteristics.
4.1
Goal
4.2
4.2.1
Policy
To promote a pattern of growth and land use that ensures orderly, efficient,
equitable, and sustainable development, and preserves the character of the village.
Policies / Proposals
Efficient and Compatible Development
(1)
To manage general growth and development to be orderly, cost effective,
sustainable and compatible by:
(a) encouraging new development through infilling of vacant land within existing built-·
up areas, and through contiguous development to existing built--up areas;
(b) ensuring commercial, industrial and institutional development is compatible by
establishing development standards and, for certain uses, if necessary, setting
terms and conditions to development; and
(c) discouraging development in physically unsuitable or environmentally sensitive
areas.
(2)
It is a policy that development will be located and designed to minimize the impact
of traffic, noise and lighting on adjacent residential properties and commercial
accommodations.
(3)
Land development and lot creation shall:
(a) be directed away from areas that are unsuitable for the intended use due to
poor site capability, potential environmental impact, or lack of compatibility
with surrounding land uses;
(b) be of a size and configuration suitable for the intended use;
(c) provide for safe and efficient movement of vehicular, pedestrian, and non-
motorized means of transportation;
(d) respond to the topographic constraints and opportunities of the site; and
(e) maintain substantial trees and vegetation on steep slopes, riparian areas, and
other sensitive sites.
2.2 --- Blacks Harbour Rural Plan
9
4.2.2
Soils and Drainage
Policy
(1)
Development shall not be permitted on sites with soil and drainage conditions that
are incapable or unsuitable for the proper siting and construction of the proposed
building or structure, unless the site deficiencies can be corrected through
environmentally acceptable methods that meet the approval of the Planning
Advisory Committee, are in accordance with relevant Provincial regulations, and
have received all necessary approvals of Provincial agencies.
(2)
4.2.3
Policy
(1)
4.2.4
Policy
(1)
4.2.5
Policy
Development shall not be permitted in a location or in a way that creates or
aggravates adverse stormwater impacts, for example, excessive run--off onto
adjacent properties, flooding, soil erosion, siltation of natural streams, altering of
groundwater tables, or reduction of surface and groundwater quality.
Access to a Street
New development must have access to a provincial collector road, municipal
collector road, municipal local street or a private local street, unless the Planning
Advisory Committee specifies otherwise.
Flag Lots
The creation of flag Jots is permitted, subject to terms and conditions, in instances
where the Jot width requirements of this Rural Plan cannot be satisfied, but where
the proposed lot is deemed acceptable otherwise, and will not prejudice the
possibility of further subdividing the property or convenient subdividing of adjoining
and nearby land.
Development Criteria for Non-Residential Sites
(1)
All non-residential land uses will conform to the following criteria:
(a) development will be located and designed in a manner that minimizes the
impact of traffic, noise and lighting on adjacent residential properties. Where
deemed necessary, appropriate screening (e.g. trees, shrubs, landscaping, and
fencing) will be required as a condition to the building permit;
(b) development and landscaping will be designed to a high standard with regard to
safety, appearance, and compatibility with neighbouring land uses;
(c) access points to the street will be designed for maximum safety of pedestrian
and vehicular traffic; and
(d) each site will have adequate provision for off--street and/or on--street parking to
meet the needs of the development.
Z.2 -·· Blacks Harbour Rural Plan
10
4.2.6
Private Streets
Policy
(1)
Development of private streets in the Village of Blacks Harbour is permitted subject
to minimum design and construction standards as specified by the Village and such
terms and conditions that may be specified by the Planning Advisory Committee.
(2)
It is a policy that maintenance and upgrading of private streets are the responsibility
of landowners --- not the Village or the Province of New Brunswick.
(3)
It is a policy that existing private streets shall not become public unless assented to
by Council under Section 56 of the Community Planning Act, and unless Council has
negotiated a suitable agreement for road maintenance with the Department of
Transportation or another supplier.
(4)
Although the Village Council is not obliged, it is a policy that Council will only take
over a private street if it complies with minimum road design and construction
standards specified by the Village as well as other required terms and conditions.
2.2 --- Blacks Harbour Rural Plan
11
5.0
R ESI DENTI A L U SES
5.1
Goal
5.2
5.2.1
Policy
(1)
(2)
(3)
(4)
5.2.2
Policy
To accommodate development of an adequate supply and mix of housing to meet
the needs of different socio-economic groups, including seniors, young families,
singles, different income groups and people with special needs.
Policies / Proposals
Form and Density of Residential Development
That the form and density of residential development shall not exceed the carrying
capacity of the land in terms of water supply, wastewater management, municipal
servicing and protection of environmental and aesthetic resources.
To encourage innovative forms of residential development that protect the
environment, offer opportunities for shared access to services and amenities and
maintains the rural character of the Village.
To encourage
a
conservation
design
approach
to
residential
subdivision
development as a method to reduce sprawl, protect riparian areas and other
sensitive resources, provide common amenity space for residents and improve
water supply and on--site sewage disposal methods.
That approvals of conservation subdivisions, which will allow for reduced lot size
standards (smaller lots) as a trade off for the retention of more open space, must be
accompanied by documentation showing how conservation design principles will be
employed.
Single Detached Housing
(1)
Single detached housing will constitute the predominant type of residential
development in the Village of Blacks Harbour.
Z.2 --- Blacks Harbour Rural Plan
12
5.2.3
Semi--Detached, Multiple Unit and Mini-Home Dwellings
Policy
(1)
Development of semi-detached houses, multiple-unit dwellings and mini-·homes will
be encouraged to develop in a compatible - fashion with
the
surrounding
neighbourhood.
(2)
(3)
5.2.4
Policy
Subject to terms and conditions established by the Planning Advisory Committee, it
is proposed that bed and breakfast establishments may be permitted in areas
designated for Residential use.
Multiple-unit dwellings may be subject to terms and conditions established by the
Planning Advisory Committee.
Seniors and Special--Care Housing
(1)
It is a policy to permit the development of multi--unit residential dwellings to meet
the housing needs of elderly residents, disabled residents and other special needs
groups, where such housing is compatible with the neighbourhood.
Proposal
(1)
Council will work with local community organizations, developers and the Provincial
and Federal Governments to identify appropriate locations for potential seniors
and/or special care housing within the Village and to pursue their development.
5.2.5
Home Based Businesses
Policy
(1)
Home based businesses associated with single-unit and double-unit dwellings will be
permitted, subject to the zoning provisions of the Rural Plan.
Z.2 -·· Blacks Harbour Rural Plan
13
6 .0
COMMER CI A L U SES
6.1
Goal
To provide an environment that is supportive of commercial development and
expansion in existing commercial areas and to provide suitable land in acceptable
locations to meet the commercial needs of residents and visitors.
6.2
Policies / Proposals
Policy
(1)
To encourage commercial development in existing commercial areas in proximity to
the Village Centre - in particular, the intersection of Main Street (Route No. 776)
and Brunswick Street and the intersection of Main Street (Route No. 776) and
Deadman's Harbour Road (Route No. 778) - in a way that preserves and enhances
the existing mixed--use character of the area.
(2)
To encourage the development of small--scale businesses such as retail shops, food
services, visitor accommodations and personal services in the Village Centre.
(3)
That commercial development in the Village Centre must be reasonably compatible
with existing land uses with respect to vehicle access, parking area capacity and
location, historic setback patterns and potential nuisance impacts on adjacent
residential properties.
Proposal
(1)
To establish Commercial Zone that would permit appropriate commercial uses (such
as retail shops and restaurants) with a mix of secondary residential uses.
(2)
That the new commercial development shall:
(a) ensure development and operation of the proposed use does not pose a threat
to the environment with respect to noise or pollution of the earth, air or water;
(b) have a five metre landscaped buffer, including a fence, hedging or sheltering
belt of trees, provided and maintained between the commercial development
and adjacent differing land uses; and
(c) have adequate off-street parking provided on the same lot as the commercial
use.
Z.2 -·- Blacks Harbour Rural Plan
14
7.0
INSTITUTIONAL USES
7.1
Goal
To provide adequate community facilities and public buildings to serve the residents
of Blacks Harbour.
7.2
Policies / P roposa Is
Policy
(1)
It is a policy to recognize the importance of institutional land uses for community
services, heritage preservation, sense of community and quality of life.
(2)
It is a policy to encourage the use of public buildings and facilities such as sport
fields, gymnasiums and classrooms for adult education classes, group meetings and
other community activities.
Proposal
(1)
To establish an Institutional Zone that would permit only institutional uses such as
schools, places of worship, government buildings, community halls and clinics.
(2)
As per the zoning provisions of the Rural Plan, it is proposed that some institutional
uses be permitted in the Rural Zone 'RR'.
(3)
It is proposed that unless otherwise permitted in the Rural Zone 'RR', all institutional
uses shall be directed to an Institutional Zone 'Inst'.
(4)
It is proposed that the rezoning of lands for institutional uses shall be based on
consideration of the following:
(a) that the site is located on, or has convenient access to, an arterial or collector
street;
(b) that adequate provisions for any required pedestrian access has been
incorporated;
(c) that an adequate buffer as required by the zoning provisions be provided
adjacent to any neighbouring residential uses; and
(d) that off street parking has been provided in accordance with the parking
provisions of section 18.7.
(5)
Council will work with local community organizations, businesses, youth and the
Federal and Provincial governments to explore the feasibility of developing a youth
centre facility.
Z.2 -·· Blacks Harbour Rural Plan
15
8.0
INDUSTRIAL U SES
8.1
Goal
To promote the expansion and development of industrial enterprises within the
Village.
8.2
Policies / Proposals
Policy
(1)
To support expansion and development of industrial uses to the extent that they do
not negatively impact the environment and do not place an undue burden on
municipal infrastructure and resources.
(2)
To direct industrial development to locations that have easy access to the necessary
natural features and major transportation routes and that are or could be serviced
in the future.
(3)
To direct industrial development to locations that have easy access to the necessary
natural features and major transportation routes and that are or could be serviced
in the future.
Proposal
(1)
It is proposed that an Industrial Zone be established to permit a variety of industrial
uses such as a manufacturing or processing plant, warehouse, generating station
and harbour development activities.
(2)
Council will work with local industrial partners and the Federal and Provincial
governments to ensure completion of the Harbour Development Project.
(3)
No new industrial use shall be permitted unless:
(a) adequate measures are in place to prevent or mitigate pollution that could
threaten the quality and quantity of surface and ground water resources and
the quality of the air, including noise; and
(b) adequate buffering is provided between the industrial use and any adjoining non-
complementary land use.
2.2 ... Blacks Harbour Rural Plan
16
9 .0
RE CR EA TI ON U SES
9.1
Goal
To provide a full range of recreation facilit ies and programs to serve all areas and all
age groups in the community.
9.2
Policies / Proposals
Policy
(1)
To support the establishment of parks, trails and public recreation opportunities for
people of all ages and abilities.
(2)
To provide and protect open spaces and natural areas for the enjoyment of all
residents.
(3)
To encourage development of trails within the Village as a source of outdoor winter
and summer recreation and to provide access to other recreational sites, facilities
and community amenities.
(4)
To acquire lands which are intended for public use or are privately owned and zoned
Recreation, whenever possible and feasible.
Proposals
(1)
To establish a Recreation Zone that would permit only recreation uses such as parks,
trails and recreation buildings.
(2)
Council will work with local community organizations and businesses and
the
Federal and Provincial governments to lead development of Pea Point/Wallace Cove
Park as an outdoor camping and eco-tourist destination.
(3)
Council will explore options to improve, expand and build new recreation
infrastructure in and around Main Street Park as a way of strengthening the role of
this area as a focal point for the community.
(4)
Council will require all new subdivisions to contribute 8 percent of its land as Land
for Public Purposes. Council will determine the specific use of this land. Council
may also accept cash-in-lieu of the 8% dedication of Lands for Public Purposes.
(5)
If a proposal is made to develop privately owned land in the Recreation Zone and a
public authority does not wish to purchase such lands in order to maintain them for
Recreation purposes, then the rezoning of such lands shall be based on
consideration of the following:
(a) characteristics of the land;
(b) compatibility of the proposed use with neighbouring uses; and
(c) other policies and proposals in the Rural Plan.
2.2 -- Blacks Harbour Rural Plan
17
10.0
RURAL U SES
The majority of land within Blacks Harbour is undeveloped or currently being used
for rural uses such as single-family homes on large lots, agriculture, forestry,
aggregate operations and conservation. The intent of these policies and proposals
is to support continued rural development in a sustainable manner and in a manner
that reduces potential conflict with urban uses.
10.1
Goal
10.2
10.2.1
Policy
(1)
(2)
(3)
Proposals
{1)
10.2.2
Policy
To provide for sustainable rural and natural resource--related activities in a manner
compatible with existing urban-related uses and the natural environment.
Policies / Proposals
Fostering Rural Uses
To protect undeveloped land within the Village which is currently used, or has
potential to be used, for rural uses such as agriculture, forestry, fishing and
mineral/aggregate resource extraction.
To encourage sustainable development practices.
To minimize conflicts between rural and urban uses.
To establish a Rural Zone (RR) that would protect undeveloped land within the
Village that is currently used, or had the potential to be used, for rural uses such as
agriculture,forestry, fishing and mineral/aggregate resource extraction.
Aggregate Uses
{1)
It is a policy that aggregate uses, where permitted, be subject to the issuance of a
development permit and compliance with zoning provisions addressing
such
matters as impact on the environment, neighbouring land uses, public safety,
operating standards, and site rehabilitation requirements.
(2)
It is a policy that aggregate uses shall be sufficient distance from floodplains,
wetlands, watercourses, sensitive wildlife and fish habitat, environmentally
significant areas so as to minimize disturbances to these fragile resources.
2.2 --- Blacks Harbour Rural Plan
18
11.0
ENV I RONMENTA L CON SERVATI ON
Development in or near environmentally sensitive areas such as wetlands and
watercourses, can lead to adverse impacts on the natural environment. Beyond the
importance of conservation itself, the natural environmental also plays an important
role in quality of life for residents and visitors to Blacks Harbour. While
environmental protection is within the legislative realm of the Province of New
Brunswick, policies and proposals to protect environmentally sensitive areas are
also included in this section.
11.1
Goal
To protect land and resources that are environmentally sensitive to development.
11.2
Policies / Proposals
Policy
(1)
That all development within 30 metres (100 ft) of a wetland or watercourse
recognized under the Clean Water Act must acquire a Watercourse and Wetland
Alteration Permit before a building or development permit is issued.
Proposals
(1)
To establish a Conservation Zone in environmentally sensitive areas that would
permit only conservation uses such as maintenance of wetlands, deer wintering
areas and wildlife refuges.
Z.2 --- Blacks Harbour Rural Plan
19
12.0
12.1
12.2
12.2.1
Policy
PROT ECTI ON O F WATE R SUPPLY
Goal
To identify, conserve and protect groundwater resources necessary for current and
future needs of the community.
Policies / Proposals
Development of a new Water Supply
(1)
To pursue development of a new municipal water supply to meet the current and
future needs of the community.
(2)
To conserve and protect groundwater resources necessary for the current and
future needs of the community.
Proposal
(1)
(2)
12.2.2
Policy
(1)
That the Village partner with local industry and the Federal and Provincial
governments to pursue development of a new municipal water supply for the
Village.
That, based on the results from Proposal (1), the Village identify and protect
sensitive groundwater recharge and discharge areas that will be important for
sustaining the new water supply.
Residential Subdivision Development and Water Supply
It is a policy that appropriate water protection measures under Provincial legislation
will apply in the Village including, but not necessarily limited to, the following:
(a) The Water Well Regulation under the Clean Water Act;
(b) The Potable Water Regulation under the Clean Water Act;
(c) The Health Act (Sections 216-268); and
(d) The Water Quality Regulation under the Clean Environment Act.
(2)
It is a policy that approval of residential subdivisions will be contingent on an
adequate quality and quantity of drinking water for residents, as well as measures
to
protect
drinking
water
sources.
2.2 -·· Blacks Harbour Rural Plan
20
(3)
It is a policy that prior to approving a proposed subdivision or development, a water
supply assessment may be required to determine the capability of the groundwater
supply in terms of quantity and quality to support the needs of the development, as
well as to determine potential impacts of the development on the groundwater
resource.
(4)
The water supply assessment may consider comments from appropriate
government agencies and other suitably qualified professionals. Subject to the
findings of the assessment, the Development Officer may:
(a) permit the development if the assessment identifies no serious concerns with
respect to the adequacy of the water supply or with respect to potential
negative impacts of the development on the water supply;
(b) permit the development, subject to conditions to adequately address identified
concerns;
(c) require a comprehensive water assessment if the abbreviated assessment
identifies significant concerns; or
(d) not approve the development if there are significant concerns onsite or in the
immediate surrounding area that cannot be satisfactorily alleviated or
mitigated.
2.2 -·· Blacks Harbour Rural Plan
21
13.0
13.1
MUN ICI PA L I N FRASTRU CTUR E
Goal
To maintain and extend the municipal infrastructure system to accommodate
existing development and support new development.
13.2
Policies / Proposals
Policy
(1)
To maintain and extend the municipal infrastructure system to accommodate
development and support new development.
Proposal
(1)
To establish a Restricted Development Zone that restricts main uses to public
utilities and conservation uses.
(2)
To continue small scale improvements to the municipal storm sewer systems such
as replacement of brick and mortar storm structures.
(3)
Depending on the progress made to develop a new municipal water supply, Council
will explore the feasibility of a significant wastewater treatment system upgrade to
accommodate industrial growth in order to meet acceptable effluent standards
mandated by the New Brunswick Department of Environment.
(4)
To continue to work with the New Brunswick Department of Transportation to
implement the current 5--year designated highway plan that consists of priority
maintenance projects and cost estimates.
2.2 -
Blacks Harbour Rural Plan
22
14 .0
14.1
H erita g e an d A rc h aeolog ical Sites
Goal
To preserve and protect historic sites and buildings, open space and important
natural features that define the heritage and character of Blacks Harbour.
14.2
Policies / Proposals
Policy
(1)
To preserve significant archaeological areas, aboriginal heritage resources,
and
other historic sites in accordance with the New Brunswick Department of Wellness,
Culture and Sport.
2.2 --- Blacks Harbour Rural Plan
23
15.0
PROTECTION SERVICES
15.1
Goal
To provide fire protection and police services to protect life and property within the
Village.
15.2
Po I i c i es / P r o p o s a I s
Policy
(1)
Council shall continue to liaise with the Province and RCMP to ensure the Village's
needs are met with respect to policing in the Village and fire services in the Village.
Z.2 --- Blacks Harbour Rural Plan
24
PART C: ZONING PROVISIONS
16.0
AD M INISTRATI ON
16.1
Purpose
The purpose of Part C: Zoning Provisions is:
(1)
to divide the Village of Blacks Harbour into zones;
(2)
to prescribe:
(a) the use of lots, buildings and structures in any zone and
(b) standards to which lot use and the placement, erection, alteration and use of
buildings and structures must conform; and
(3)
to prohibit:
(a) lot use and
(b) use, placement, erection or alteration of buildings of structures other than in
conformity with the uses and standards mentioned in subsection (2).
16.2
General
(1)
Council may, by by-law, amend this Rural Plan under subsection 74(1) of the
Community Planning Act or re-zone a lot, subject to terms and conditions, in
accordance with section 59 of the said Act.
(2)
The powers of Council, Planning Advisory Committee, Development Officer and
Building inspector are as contained within the Community Planning Act, the
Municipalities Act and other Village by-laws and are not restricted, in any way, to
those of th is by--law.
16.3
Specific Powers of Council
No building may be erected in the municipality in respect of which, in the opinion of
Council, satisfactory arrangements have not been made for the supply of electric
power, water, sewerage, streets or other services or facilities deemed necessary to
the development.
16.4
Specific Powers of Planning Ad.visory Committee
The Planning Advisory Committee may prohibit the erection of any building or
structure on any site where it would otherwise be permitted under this by-law when
the site is marshy, subject to flooding, excessively steep or otherwise unsuitable for
a proposed purpose by virtue of its soil or topography, in accordance with
paragraph 53(2)(g) of the Community Planning Act.
2.2 -· Blacks Harbour Rural Plan
25
16.5
Exemptions and Permitted Uses in all Zones
(1)
Private and public utilities shall be permitted in all zones and are exempt from t he
zone provisions of the lot upon which they are located including the use of land for
the purposes of the supply of:
(a) electric power;
(b) natural gas;
(c) water supply and storage;
(d) sanitary sewage disposal and treatment of sewage;
(e) drainage, including storm sewers;
(f) roads; and/or
(g) all other public or private utilities, including the location or erection of any
structure or installation for the supply of any of the above mentioned services.
(2)
Staking, claiming and exploration for minerals and petroleum products is permitted
in all zones subject to all applicable legislation.
16.6
Temporary Use
(1)
The Planning Advisory Committee is hereby empowered, subject to such terms and
conditions as it considers fit,
(a) to authorize, for a temporary period not exceeding 12 months, a development
otherwise prohibited by this by--law; and
(b) to require the termination or removal of a development authorized under
subsection (l)(a) at the end of the authorized period.
(2)
The Planning Advisory Committee may authorize, subject to terms and conditions,
the extension of a temporary use for an additional period not exceeding one year, if:
(a) the applicant holds an authorization under subsection (l)(a) that is to expire or
has expired,
(b) an application with respect to the land has been made to amend the Rural Plan;
and,
(c) the Planning Advisory Committee has received a resolution from the Village
Council confirming that the Council will consider the application referred to in
subsection (2)(b).
(3)
The Planning Advisory Committee may:
(a) delegate its authority under Section 16.6(1)(a) to the development officer, and
(b) authorize a delegate under subsection (3)(a) to further delegate his or her
authority under subsection (3)(a) to any person.
Z.2 -
Blacks Harbour Rural Plan
26
16.7
(1)
(2)
16.8
7 Classification
For the purposes of this by-law, the Village is divided into zones as delineated on
Schedule A, entitled "Blacks Harbour Rural Plan Zoning Map" and dated April 2022.
The zones mentioned in subsection (1) are classified and referred to as follows:
Zone
Symbol
Single- and Two--Family Residential
R-·1
Single-, Two- and Multi-Family Residential
R-2
High Density Multi-Family Residential
R-3
Mobile Home Residential
R--MH
Commercial
C
Institutional
Inst
Industrial
Ind
Recreation
Rec
Rural
RR
Conservation
Cons
Restricted Development
RD
Boundaries of the Zone
Where the boundary of any zone is uncertain and;
(1) the boundary, as shown on the zoning map relating to this Rural Plan
follows a road, lane or watercourse - the centre line of such feature is the
boundary
(2) the boundary, as shown on the zoning map relating to this Rural Plan
substantially follows property lines, shown on the registered plan of
subdivision or registered document - such are the boundary lines,
(3) the boundary as shown on the zoning map runs substantially parallel to a
street line or property line and the distance from the street line is not
indicated - the boundary shall be deemed to be parallel to such a street line
and the distance from the street line shall be determined according to the
scale shown on the zoning map.
Z.2 --- Blacks Harbour Rural Plan
27
17.0
17.1
(1)
(2)
17.2
GENERAL PROVI SIONS
Building and Structure Projections
The requirements of Section 18.5, with respect to placing, erecting or altering a
building or structure in relation to a lot line or street line, apply to all parts of the
building or structure except for projections which do not protrude in excess of:
(a) 15 centimetres for sills, leaders, belt courses or similar ornamental features;
(b) 46 centimetres for chimneys, smoke stacks or flues;
(c) 61 centimetres for cornices or eaves;
(d) 1 metre for window or door awnings, solar collectors, oil tank weather shields, or
open or lattice enclosed fire balconies or fire escapes; or
(e) subject to section (2):
(i)
1.25 metres for steps or unenclosed porches, or
(ii)
2 metres for balconies of upper storeys of multiple-unit dwellings which
are not enclosed above a normal height.
Projections mentioned in subsection (1) may not protrude into a required side yard
to a greater extent than one--half the required width of the side yard.
Day Care Facility, Group Home and Special Care Home
A day care facility, group home or special care home is a permitted main or
secondary use within a single-detached dwelling, subject to licensing or other
provisions under the applicable Act or Regulation.
17.3
Development Adjacent to Surface Waters
Any alteration, including the erection of a building or structure, within 30 metres of
a watercourse or wetland is subject to the Watercourse and Wetland Alteration
Regulation --- Clean Water Act.
17.4
Development Adjacent to Residential Zones
Notwithstanding any other provision of this By-law, in the case of a lot in a "C" or
"Ind" zone and abutting a "R-1", "R-·2", "R-3" or "R-MH" zone, no main
building or structure may be placed or erected thereon unless the yard adjoining the
residential zone has a depth or width equal to twice the height of the main building
or structure.
Z.2 --- Blacks Harbour Rural Plan
28
17.5
Development near Sew age Lagoon or Treatment Plant
Notwithstanding any other provision of this By--law, no dwelling, mobile home, mini-·
home, camp or cottage may be located within 91.5 metres of a sewage lagoon or
treatment plant.
17.6
Fences and Walls
(1)
Notwithstanding any other provision of this By-law, subject to this subsection, a
fence may be placed or located in a yard.
(2)
Except for a security fence of chain-link construction, no fence in a required front
yard may exceed 0.75 metres in height.
(3)
Subject to paragraph (2), no fence may exceed in height:
(a) 1.8 metres in a Residential zone; or
(b) 2.5 metres in any other zone.
17.7
Garden Suite
A garden suite shall:
(a) be a secondary use to a single--detached dwelling;
(b) be located on a lot satisfying the minimum Jot size as specified within section
19.3(3);
(c) have a gross floor area less than 90 square metres;
(d) be no closer to the street line than the main dwelling;
(e) comply with all setback requirements of section 18.5;
(f) share access to the water supply and sewage collection systems of the main
dwelling, in accordance with the applicable Act or Regulation;
(g) be constructed, erected or placed in such a manner as to be easily removed
from the lot;
(h) be removed from the Jot within 6 months of being vacated; and
(i)
be subject to terms and conditions, as imposed by the Planning Advisory
Committee, in accordance with section 53(3) of the Community Planning Act,
which may include, but is not limited to its appearance, size, and location
2.2 -·· Blacks Harbour Rural Plan
29
17.8
Garbage, Refuse and Storage
(a)
Garbage receptacles shall
(a)
be made of metal or plastic;
(b) be of watertight construction;
(c)
be provided with a tight-fitting cover; and
(d) be maintained in a clean state.
(b)
No person shall place any container, receptacle, garbage, rubbish, refuse or
recyclable materials out for collection prior to the day of collection.
(c)
No person shall leave any container, receptacle, garbage, rubbish, refuse or
recyclable materials out after dusk on the day of collection.
(d)
No garbage or refuse shall be stored on any lot in any zone except within the
principal building or any accessory building or structure on such lot or in a
container in a side yard or rear yard of such lot.
(e)
Every garbage or refuse storage area located in a Commercial, Recreation,
Institutional or Industrial Zone, which is visible from an adjoining site zoned
Residential or Recreation, shall have a visual screening consisting of fencing
constructed from wood, chain link with slates to provide a visual screen or
masonry.
17.9
Heritage and Archaeological Sites
17.10
The New Brunswick Department of Wellness, Culture and Sport shall approve any
proposed development or project where construction or demolition will have a
foreseeable impact on a building or site designated under the Historic Sites
Protection Act.
Hom e---Based Businesses
A home-based business may be permitted in a single-detached or semi--detached
dwelling or an accessory building, where permitted under this By-law, provided that
(a) the use is clearly secondary to the use of the dwelling unit as a private
residence;
(b) it does not change the external character of the dwelling unit as a private
residence;
(c) it does not create or become a public nuisance with respect to noise, traffic or
parking;
(d) there is no external storage of goods or materials or outside animal enclosures;
and
(e) not more than 25% of the total floor area of the dwelling and accessory building
is used for the home occupation.
2.2 --- Blacks Harbour Rural Plan
30
17.11
17.12
17.13
(1)
17.14
Li ghtin g
No lighting facilities or illuminating device for any purpose may be arranged in such
manner as to cause a nuisance.
Line of Vision at Intersections
On a corner lot, except in a Commercial Zone, no building, sign, fence, shrub, tree or
any other structure or vegetation shall be erected or permitted to grow to a height
of more than 1 metre above grade of the streets that abut the lot within the
triangular area included within the street lines for a distance of 5 metres from their
point of intersection.
Loading
The owner of every building, structure, or premises used in whole or in part for
business or commercial purposes involving the use of vehicles for the receipt or
distribution of materials or merchandise shall provide and maintain on lands
appurtenant to such building, structure, or premises, off-street spaces for such
vehicles to stand and for loading and unloading the same, in accordance with the
following requirements:
(a) for retail and wholesale stores, bulk storage plants, warehousing, or similar
uses:
(i)
not less than one space if the gross floor area thereof is 465 square
metres or less;
(ii)
not less than two spaces if the gross floor area thereof is in excess of 465
square metres, but
(iii)
less than 2,323 square metres; and
(iv)
an additional space for each 2,323 square metres, or fraction thereof, of
gross floor area thereof in excess of the first 2323 square metres.
(b) for business or office buildings, places of public assembly, educational buildings,
hotels, motels, or other similar buildings or premises:
(i)
not less than one space; and
(ii)
an additional space for each 3252 square metres, or fraction thereof, of
gross floor area in excess of 2787 square metres.
(c) a loading and unloading space shall:
(i)
not be less than 9.0 metres in length, and not less than 3.0 metres in
width, with 4.5 metres of overhead clearance;
(ii)
be so located that merchandise or materials are loaded or unloaded on
the premises being served;
(iii)
be provided with adequate facilities for access and egress, and
unobstructed manoeuvring aisles; and
(iv)
be surfaced with a durable and dust--proof material.
Non-Conforming Uses
Z.2 --- Blacks Harbour Rural Plan
31
Policy
(1)
In conformance with Section 60 of the Community Planning Act, a land use already
existing at the time this Rural Plan is approved, which does not conform to the list of
permitted uses in the particular zone, will become a "nonconforming use" and shall
be permitted to continue. However, if a building or structure containing such a use
has been damaged to the extent of at least half of the whole building or structure,
exclusive of foundation, the building or structure shall not be repaired or restored or
used except in conformity with this Rural Plan and zone provisions applicable to the
zone in which it is located, unless the Planning Advisory Committee agrees
otherwise.
(2)
(3)
17.15
(1)
If the non-conforming use is discontinued for a consecutive period of 10 months (or
such further period as the Planning Advisory Committee considers fit), then any
reuse must conform to the Rural Plan and zone provisions applicable to the zone in
which it is located unless otherwise permitted by the Planning Advisory Committee.
It is a policy to encourage the relocation of non--conforming uses to appropriately
zoned and planned sites.
Non- Complying Buildings
Where a building has been erected on or before the effective date of the adoption
of this Rural Plan on a /ot that has less than the minimum area, frontage, or depth,
or having less than the minimum setback or side yard or rear yard required by this
Plan, the building may be enlarged, reconstructed, repaired or renovated provided
that:
(a) the enlargement, reconstruction, repair or renovation does not further reduce
the front yard or side yard; and
(b) all other applicable provisions of this Rural Plan are satisfied.
(2)
A new building may be constructed on a Jot with less than the minimum area,
frontage, or depth required by this Plan if that Jot existed on the date of the
adoption of this Rural Plan, subject to approval under the Health Act and other
applicable provincial regulations.
17.16
(1)
(2)
Number of Buildings or Structures on a Lot
Except as otherwise provided, no more than one main building or structure may be
placed or erected, and no building or structure may be altered to become a second
main building or structure on a lot.
Paragraph (1) does not apply to a property registered under the provisions of the
Condominium Property Act, to cottage establishments, campgrounds, mini-home
parks, or properties in the R-3, Inst. or Ind. Zones.
Z.2 --- Blacks Harbour Rural Plan
32
(3)
17.17
(1)
(2)
Except as otherwise provided, no more than two accessory buildings may be placed
or erected on a lot.
Parking
No building or structure may be placed, erected, altered, or used unless vehicular off-·
street parking spaces are provided in accordance with the requirements of this Sub-
-section. Where there are multiple uses, the requirements for each use shall be
fulfilled.
A parking space shall:
(a) have an area of not less than 6 metres in length and not less than 3 metres in
width;
(b) be readily accessible from the nearest street, and
(c) not more be than 150 metres from the building which it serves.
(3)
The number of spaces to be provided for off-street vehicular parking shall be:
Type of Use
Educational buildings and youth clubs
Industrial buildings, warehouses, storage
yards or buildings and servicing and
repair establishment
Recreational and entertainment
buildings, Institutional zone buildings
(except educational buildings), clubs
(except youth clubs) and places of
assembly
Retail store and service shop or similar
Z.2 - Blacks Harbour Rural Plan
Minimum Parking Requirement
Not less than 1 space for every
classroom or clubroom and, where an
auditorium or place of assemble is
included therein, an additional space for
every 9 square metres of auditorium or
assembly area
Not less than 1 space for every 5
employees, or not less than 1 space for
every 93 square metres, whichever is the
greater
Not less than 1 space for every 10 fixed
seats, or not less than 1 space for each 9
square metres of gross floor area,
whichever is greater.
Not less than 1 space for every 18.5
33
establishment
square metres of retail floor space
(4)
Provided the area is not less than the minimum area required for all buildings which
the spaces are to serve, collective provision for off--street parking spaces may be
made for two or more buildings on the same lot;.
(5)
Where collective provisions for off-street parking are made under paragraph (2), the
parking area shall:
(6)
(7)
17.18
17.19
(1)
(2)
(a) be screened from public view, if practicable;
(b) be surfaced with a durable and dust-proof material;
(c) in the opinion of the Planning Advisory Committee, have points of access and
egress located with due regard to topography and general traffic conditions;
and
(d) not be used for automotive repair work or servicing except in the case of an
emergency.
Notwithstanding any other prov1s1on of this By--law, the Council may, in its
discretion, allow a developer of a building or structure to pay the municipality the
sum of $500.00 per space in lieu of providing off--street parking required hereunder.
All money received by the Council under paragraph (2) shall be subject to the
provisions of Section 57 of the Community Planning Act.
Public Health
The provisions of the Health Act, and any amendments thereto, shall apply to all
development.
Roadways and Public Utilities
Lands for use as a roadway or public utility shall be permitted throughout the Village
although subject, where applicable, to the provisions of the Community Planning
Act, and any other applicable Act or Regulation.
Land may be used for the following uses, subject to terms and conditions
as
imposed by the Planning Advisory Committee, in accordance with
paragraph
53(3)(c) of the Community Planning Act:
(a) municipal drainage, including storm sewers;
(b) public electric power infrastructure;
(c) public roadways;
(d) municipal sewage collection system;
(e) municipal water supply system; or
(f) all other public or private utilities, including the location or erection of any
structure or installation for the supply of any of the above mentioned services
2.2 --- Blacks Harbour Rural Plan
34
17.20
17.21
17.22
(1)
Satellite Dishes and Communication Towers
Satellite dishes larger than 60cm in diameter, and communications towers, shall not
be permitted on a street-facing portion of a building in any residential zone, or
abutting any residential zone.
Secondary Dwelling Unit
A secondary dwelling is a permitted secondary use to a main use and shall
(a) have a separate washroom or bathroom and kitchen facilities from those of the
main use;
(b) have off-street parking in accordance with section 17.17;
(c) have a separate entrance from that of the main use; and
(d) be located within the main building.
Signs
Other than a traffic control device as defined by the Motor Vehicle Act, a legal
notice, or a store window sign advertising goods for sale therein, the use of land or a
building or structure for the placing, erecting, or displaying of a sign not expressly
permitted by this Sub-section is permitted only if approved by the Planning Advisory
Committee under Section 53(3)(c) of the Community Planning Act, and only on
compliance with such terms and conditions as may be imposed by the Planning
Advisory Committee.
(2)
Subject to paragraphs (3)-·(S), in any zone a non-illuminated sign may be placed,
erected, or displayed on any land, building, or structure if such sign:
(a) advertises the sale, rental, or lease of such land, building, or structure;
(b) identifies by name the property or the residents thereof;
(c) indicates a home--based business permitted hereunder; or
(d) warns against trespass.
(3)
In Commercial or Institutional zone, the following signs may be placed, erected, or
displayed:
(a) a facia sign not exceeding 0.5 square metres indicating the ownership or nature
of the business carried on therein; or
(b) in the case of a motor vehicle sales/service station or gas bar, a freestanding
sign not exceeding 4.0 square metres in area.
(4)
In a "RR" zone, the following signs may be placed, erected, or altered:
(a) for an agricultural use, one sign not exceeding 4.0 square metres in gross
surface area indicating the name of the farm; and
(b) one sign not exceeding 1.5 square metres in gross surface area indicating the
sale or rental of the property on which it is placed.
2.2 -·· Blacks Harbour Rural Plan
35
(5)
No sign may:
17.23
17.24
17.25
(1)
(2)
(a) be an imitation of a traffic control device or contain the words "stop", "go", "go
slow", "caution", "danger", "warning", or similar words;
(b) have a size, location, movement, content, colouring, or manner of illumination
that may be confused with, construed as, or tend to hide from view any traffic
control device; or
(c) advertise an activity, business product, or service no longer conducted on the
premises on which the sign is located
Solar Collector Systems
Solar collector systems are permitted as an accessory use in all zones subject to the
following:
(a) solar collector systems are located on the same property as the main use;
(b) freestanding solar collectors are setback, at minimum, 1.5 times the total height
of the solar collectors from the rear, front, and side lot lines, dwellings,
transmission lines and public right of ways;
(c) freestanding solar collectors will be removed if the system does not
produce electricity for a period of greater than one year
(d) attached solar collectors shall be removed if electricity is not generated
for a period of two years; and
(e) solar collector systems meet all other terms and conditions that may be set by
the Planning Advisory Committee.
Stripping of Top Soil
The provisions of Regulation 95-66 of the Topsoil Preservation Act, shall apply to the
stripping, excavating, or other efforts to remove top soil for sale or use from a lot or
other parcel of land.
Swimming Pools
No land may be used for the purposes of a swimming pool capable of containing a
depth in excess of 0.6 metres of water unless the 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
metres in height and meeting the requirements of this section.
An enclosure referred to in paragraph (1) shall:
(a) be set back a minimum of 1.0 metres from the edge of the water contained in
the swimming pool, except for above-ground pools which incorporate a fencing
structure within their design and manufacture;
(b) be located so that the bottom of the enclosure is no more than 5.5cm above
grade/ground level and located at least 1.2 metre from anything that would
facilitate its being climbed from the outside; and
(c) include a door or gate to restrict access. Doors and gates must be equipped
with a self-latching device at least 1.3 metres above the bottom of the door or
gate.
Z.2 -·· Blacks Harbour Rural Plan
36
(3)
In Residential zones a swimming pool shall:
(a) have a minimum setback of 7.5 metres from any street line; and
(b) have a minimum setback of 2.0 metres from any other lot line.
(4)
In Commercial and Institutional zones a swimming pool shall:
(a) Not be placed in any required front or side yard setback;
(b) Not be placed closer than 2.3 metres to the street line if the adjacent land is in
any Residential zone; and
(c) No be placed closer than 12 metres to any other lot line if the adjacent land is in
any residential zone.
(5)
No swimming pool or portion thereof shall be located directly under electrical
service wires.
17.26
(1)
(2)
(3)
(4)
17.27
Water Well and Sew age Disposal Systems
The construction, modification and operation of a lot-specific water well system is
subject to the Water Well Regulation and Potable Water Regulation of the Clean
Water Act and any other applicable Act or Regulation.
A waterworks using 50 cubic metres (approximately 11,000 gallons) or more of
water per day is subject to the Water Quality Regulation --- Clean Environment Act
and any other applicable Act or Regulation.
Where public sewage collection services are available, no building or structure
requiring a sewage disposal system shall be permitted unless such development
links to the public sewage collection system.
No building or structure may be placed, erected or altered, so as to accommodate
one or more dwelling units, on a lot requiring the installation of a septic tank and
disposal field unless the lot and the plans for installation of the septic tank and
disposal field meet the requirements of Regulations issued under the applicable Act
or Regulation.
Wind Turbine Development
A small scale wind turbine is permitted as accessory use in all zones subject
to the following:
(a) the small scale turbine is located on the same property as the main use;
(b) the small scale turbine is setback, at minimum, 1.5 times the total height of the
wind turbine from the rear, front, and side lot lines, dwellings, transmission
lines, and public right of-· ways;
(c) the small scale turbine meets all other terms and conditions that may be set by
the
Planning
Advisory
Committee
Z.2 -·· Blacks Harbour Rural Plan
37
18 .0
18.1
(1)
(2)
SI NG LE & T WO FAM ILY RE SI DEN TI A L ZON E ( R- 1)
Permitted Uses
Any land, building or structure may be used for the purposes of:
one of the following main uses:
(a) single- or two-family dwelling; and
(b) trails, a playground or ballfield.
one of the following secondary uses:
(a) home--based business in a single- or two-family dwelling, in accordance with
Section 17.10.
(b) a boarding house or rooming house
(3)
an accessory building, structure or use secondary to the main use.
18.2
Uses Subject to Terms and Conditions
A bed and breakfast establishment is permitted as a main use, subject to terms and
conditions established by the Planning Advisory Committee under Section 53(3)(c)
of the Community Planning Act.
18.3
Lot Sizes
(1)
No single-family dwelling may be placed, erected or altered on a lot which is
serviced by public water supply and sewage collection systems unless the lot has
and contains
(a) a width of at least 18 metres;
(b) a depth of at least 30 metres; and
(c) an area of at least 540 square metres.
(2)
No two-family dwelling may be placed, erected or altered on a lot which is serviced
by public water supply and sewage collection systems unless the lot has and
contains
(a) a width of at least 30 metres;
(b) a depth of at least 30 metres; and
(c) an area of at least 929 square metres.
(3)
No single-family dwelling may be placed, erected or altered on a lot which is not
serviced by a public sewage collection system and public water supply system,
unless the lot has and contains
(a) a width of at least 55 metres;
(b) a depth of at least 74 metres; and
(c) an area of at least 0.4 hectares.
Z.2 --- Blacks Harbour Rural Plan
38
(4)
No two-family dwelling may be placed, erected or altered on a lot which is not
serviced by public water supply and sewage collection systems unless the lot has
and contains
(a) a width of at least 59 metres;
(b) a depth of at least 74 metres; and
(c) an area of at least 0.53 hectares.
(5)
Notwithstanding the other provisions of this sub-section, the lot size for bed and
breakfast establishments shall be negotiated as part of the terms and conditions for
development.
18.4
Size of Ow ellings and Ow elling Units
(1)
No dwelling may be placed, erected or altered so that it has a ground floor area less
than 45 square metres.
(2)
No dwelling unit may have a floor area less than
(a) 32 square metres, in the case of a secondary dwelling unit of only one room, or
(b) 45 square metres, in the case of a dwelling unit other than the one mentioned
in paragraph (a).
(3)
Notwithstanding the other provisions of this sub-section, the size of a bed and
breakfast establishment shall be negotiated as part of the terms and conditions for
development.
18.5
Location of Main Buildings and Structures
No main building or structure may be placed, erected or altered so that it is
(a) within 7.5 metres of a street line;
(b) within 2.0 metres of a side lot line; or
(c) within 6.0 metres of a rear lot line.
18.6
Height of Main Buildings and Structures
No main building or structure may exceed 8.5 metres in height.
18.7
Accessory Buildings and Structures
(1)
No accessory building or structure shall
(a) exceed one storey or 4.8 metres in height;
(b) be placed, erected or altered so that it is
(i)
closer to the street line than the front of the main building or structure, or
(ii) closer than 1.5 metres to a side lot or rear lot line;
(c) exceed 58 square metres in floor area or have a width or depth greater than 10
metres;
(d) occupy greater than 10 percent of the lot area; or
(e) be used for agricultural operations or for the keeping of animals other than
household pets.
(2)
Notwithstanding paragraph (1), the following accessory buildings or structures may
be placed, erected or altered so as to be located in the front yard of the main
building or structure:
(a) a bin for the temporary holding of domestic waste; or
2.2 -·· Blacks Harbour Rural Plan
39
(b) a partially enclosed shelter for use by children awaiting a school bus.
18.8
Lot Occupancy
18.9
(1)
(2)
Buildings and structures on a lot shall not occupy a greater portion of the area of a
lot than
(a) 50 percent in the case of an interior lot; or
(b) 45 percent in the case of a corner lot.
Landscaping
The owner of a lot developed for residential purposes shall landscape:
(a) the front yard of the main building; and
(b) that part of the lot within 1.5 metres of any building thereon.
Landscaping shall include
(a) all grading necessary to divert surface water from the dwelling and insofar as is
reasonably possible, to contour the front yard to the surrounding terrain,
together with the installation of a lawn having a minimum of 8 centimetres of
topsoil; and
(b) may include the placement of such paths, patios, walkways, trees, ornamental
shrubs, vines and flowers as are not prohibited by this or any other by--law, rule
or regulation.
(3)
Notwithstanding paragraph (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)
Notwithstanding the other provisions of this section, the landscaping requirements
for a bed and breakfast establishment shall be negotiated as part of the terms and
2.2 -·· Blacks Harbour Rural Plan
40
19.0
SI NG LE, T WO & MU LTl -· FAMI LY RES ID EN T IAL ZON E ( R-2)
19.1
Permitted Uses
Any land, building or structure may be used for the purposes of:
(1)
one of the following main uses:
(a) single- or two-family dwelling; and
(b) trails, a playground or ballfield.
(2)
one of the following secondary uses:
(a) home--based business in a single- or two-family dwelling, in accordance with
Section 17.10; and
(b) a boarding house or rooming house.
(3)
an accessory building, structure or use secondary to the main use.
19.2
Uses Subject to Terms and Conditions
One of the following main uses may be permitted subject to terms and conditions
established by the Planning Advisory Committee:
(a) multiple-unit dwelling; or
(b) bed and breakfast establishment.
19.3
Lot Sizes
(1)
The provisions of Section 18.3 apply to single and two family dwellings.
(2)
Minimum lot sizes for multiple-unit dwellings and bed and breakfast establishments
shall be negotiated as part of the terms and conditions for development.
19.4
Size of Dwellings and Dwelling Units
(1)
The provisions of Section 18.4 apply to single and two family dwellings.
(2)
The size of multiple--unit dwellings and bed and breakfast establishments shall be
negotiated as part of the terms and conditions for development.
19.5
Location of Main Buildings and Structures
(1)
The provisions of Section 18.5 apply to single and two family dwellings.
(2)
Setbacks for multiple--unit dwellings and bed and breakfast establishments shall be
negotiated as part of the terms and conditions for development.
19.6
Height of Main Buildings and Structures
No main building or structure may exceed 11 metres in height.
Z.2 --- Blacks Harbour Rural Plan
41
19.7
Accessory Buildings and Structures
The provisions of Section 18. 7 apply to accessory buildings and structures.
19.8
Lot Occupancy
(1)
The provisions of Section 18.8 shall apply with respect to lot occupancy.
(2)
The gross floor area of a multiple--unit dwelling shall not exceed the area of the lot.
19.9
Lands ca pi n g
The provisions of Section 18.9 shall apply with respect to landscaping.
2.2 --- Blacks Harbour Rural Plan
42
20.0
H I GH D EN SITY MU LTI - FAMILY ZONE ( R- 3)
20.1
Permitted Uses
Any land, building or structure may be used for the purposes of:
(1)
one or more of the following main uses:
(a) a multiple-unit dwelling;
(b) a development registered under the Condominium Property Act; and
(c) a rowhouse dwelling.
(2)
one of the following secondary uses:
(a) a community centre; and
(b) a boarding house or rooming house.
(3)
an accessory building, structure or use secondary to the main use.
20.2
Lot Sizes
Minimum lot sizes shall be negotiated as part of the terms and conditions for
development.
20.3
Size of Dwellings and Dwelling Units
The size of dwellings and dwelling units shall be negotiated as part of the terms and
conditions for development.
20.4
Location of Main Buildings and Structures
Setbacks shall be negotiated as part of the terms and conditions for development.
20.5
Height of Main Buildings and Structures
No main building or structure may exceed 15 metres in height.
20.6
Accessory Buildings and Structures
The provisions of Section 18. 7 apply to accessory buildings and structures.
20.7
Lot Occupancy
(1)
The provisions of Section 18.8 shall apply with respect to lot occupancy.
(2)
The gross floor area of a multiple--unit dwelling shall not exceed the area of the lot.
20.8
Landscaping
The provisions of Section 18.9 shall apply with respect to landscaping.
2.2 --- Blacks Harbour Rural Plan
43
21.0
21.1
MINI HOME RESIDE NTI A L ZON E ( R---MH
Permitted Uses
Any land, building or structure may be used for the purposes of:
(1)
one of the following main uses:
(a) mini-home park
(b) mini--home site; and
(b) trails, a playground or ballfield.
(2)
one of the following secondary uses:
(a) home--based business in a single- or two-family dwelling, in accordance with
Section 17.10
(3)
an accessory building, structure or use secondary to the main use.
21.2
General Provisions
Any building or structure shall not be used for a purpose mentioned in Section 21.1
unless such land, building or structure is serviced by public water supply and sewage
collection systems.
21.3
Lot Sizes
No mini-home may be located on a mini-home site unless such site has and contains:
(a) a width of at least 18 metres;
(b) a depth of at least 30 metres; and
(c) an area of at least 577 square metres.
(2)
No lot may be used for the purposes of a trail, playground or ballfield unless it has
and contains dimensions at least as great as those mentioned in paragraph (1).
21.4
Size of Dwellings and Dwelling Units
No mini-home may be located on a mini-home site unless such dwelling unit has a gross
floor area of at least 46 square metres.
21.5
Location of Main Buildings and Structures
No mini--home may be located on a or mini--home site so that it is within
(a) 7.5 metres of the boundary of a street; and
(b) 1.5 metres of a property line other than a street boundary.
21.6
Height of Main Buildings and Structures
No main building or structure may exceed 6.0 metres in height.
21.7
Accessory Buildings and Structures
The provisions of Section 18.7 apply to accessory buildings and structures.
21.8
Landscaping
The provisions of Section 18.9 shall apply with respect to landscaping.
2.2 -·· Blacks Harbour Rural Plan
44
2 2.0
COMMER CI A L ZONE (C)
22.1
Permitted Uses
Any land, building or structure may be used for t he purposes of:
(1)
one of the following main uses:
(a) automobile salesroom or sales lot
(b) bank or other financial institution
(c) beverage room
(d) establishment for garden and nursery sales and supplies;
(e) hotel or motel;
(f) institutional or government use;
(g) professional and administrative offices
(h) restaurant or theatre;
(i) retail store or service shop;
(j) motor vehicle sales/service or gas bar; and
(k) single-family or two-family use located above a commercial use.
(2)
an accessory building, structure or use secondary to the main use provided that it is
not located below the second storey of the building or structure.
22.2
Uses Subject to Terms and Conditions
(1)
One of the following main uses may be permitted subject to terms and conditions
established by the Planning Advisory Committee:
(a) bus or other public transportation terminal;
(b) autobody shop;
(c) laundry, bakery, dairy, printing, cleaning or dyeing establishment
(d) place of amusement or entertainment;
(e) fast-food or take-out establishment; or
(f) building, structure or use customarily incidental and accessory to a use in thissub-
section, provided that it is not located below the second storey of the
building or structure.
(2)
Except for pump islands at motor vehicle sales/service stations or gas bars, or for a
parking lot or automobile sales lot, no use permitted under paragraph (1) may be
established or conducted other than in a completely enclosed building.
22.3
Lot Sizes
No building or structure may be placed, erected or altered on a Jot less than 18
metres in width.
Z.2 -·· Blacks Harbour Rural Plan
45
22.4
Size of Dw ellings and Dwelling Units
No dwelling unit may have a floor area less than
(a) 32.5 square metres in the case of a bachelor apartment;
(b) 42 square metres in the case of a one-bedroom dwelling unit;
(c) 58 square metres in the case of a two-bedroom dwelling unit; or
(d) 65 square metres in the case of a dwelling unit containing three or more
bedrooms.
22.5
Location of Main Buildings and Structures
(1)
No main building or structure may be placed, erected or altered so that
(a) a wall thereof containing a window to a habitable room is close to a side or rear
lot line than 1.5 metres; or
(b) it is closer than 8.0 metres from the street line except for infilling in existing
commercial areas, in which case it would be 1.5 metres.
(2)
Notwithstanding the provisions of paragraph (1) and section 18.1 and 18.2, all pump
islands at motor vehicle sales/service stations or gas bars shall be located at least
9.0 metres from any boundary of the site, parking area on the side or laneways
intended to control traffic circulation on the site.
22.6
Height of Main Buildings and Structures
No main building or structure may exceed 15 metres in height.
22.7
Accessory Bui Id i ngs and Structures
(1)
No accessory building or structure shall
(a) exceed 4.8 metres in height;
(b) be placed, erected or altered so that it is
(i)
closer to the street at the front of the Jot than the rear of the main building
or structure; or
(ii) closer than 1.5 metres to a side lot or rear lot line;
(c) be used for agricultural operations or for the keeping of animals other than
household pets.
22.8
La n d s ca p i n g
The provisions of Section 18.9 shall apply with respect to landscaping.
Z.2 --- Blacks Harbour Rural Plan
46
23.0
IN STITUTIONA L ZONE {Inst)
23.1
Permitted Uses
Any land, building or structure may be used for the purposes of:
(1)
one of the following main uses:
(a) educational building;
(b) place of worship or secular institution;
(c) library or museum;
(d) municipal or government building;
(e) hospital or health care building; or
(f) cemetery.
(2)
an accessory building, structure or use secondary to the main use.
23.2
Location of Main Buildings and Structures
No main building or structure may be placed, erected or altered so that it is within
8.0 metres of a property line.
23.3
Height of Main Buildings and Structures
(1)
No main building may exceed 15 metres in height.
(2)
Notwithstanding paragraph (1), a building for a place of worship shall not exceed in
height:
(a) 15 metres for the main portion of the building; and
(b) for spires, belfries or other subsidiary features, a distance equal to twice the
height of the main portion.
23.4
Accessory Buildings and Structures
(1)
No accessory building or structure shall
(a) exceed in height the lesser of two storeys or 8.5 metres or the height of the
main building or structure to which it is accessory.
(b) encroach on metres required for the main building or structure to which it is
accessory.
23.5
Landscaping
The provisions of Section 18.9 shall apply with respect to landscaping.
2.2 -·· Blacks Harbour Rural Plan
47
24.0
24.1
(1)
INDUSTRIA L ZONE (Ind)
Uses Subject to Terms and Conditions
One of the following main uses may be permitted subject to terms and conditions
established by the Planning Advisory Committee:
(a) manufacturing or processing plant;
(b) warehouse or wholesaling establishment;
(c) wholesale above-ground oil storage tank farm;
(d) generating station;
(e) solid waste transfer station;
(f)
harbour development activities including ferry terminals and marinas;
(g) scrapyard;
(h) saw mill; and
(i)
cold storage plant.
In accordance with paragraph 53(3)(c) of the Community Planning Act, in
consideration of the following:
(i)
service volume, vehicle manoeuvring and hours of operation;
(ii) maintenance of public safety and transportation capabilities;
(iii) odour, smoke, dust, noise, vibration and visual disturbances and the use of
features such as buffer strips, fences or tree lines; and
(iv) quality and quantity ground water impacts upon surrounding land uses.
(2)
any accessory building, structure, or use secondary to the main use.
24.2
General Provisions
(1)
Notwithstanding section 20.1 an industrial use shall have:
(a) adequate measures in place to prevent or mitigate pollution that could threaten
the quality and quantity of surface and ground water resources and the quality
of the air (including noise); and
(b) adequate buffering between the industrial use and any adjoining non-
complementary land use.
(2)
Notwithstanding section 19.1, an industrial use may only be established in a
completely enclosed building or structure.
24.3
Lot Sizes
No main building or structure may be placed, erected or altered on a Jot unless the
lot has and contains:
(a) a width of at least 36.5 metres;
(b) a depth of at least 46 metres; and
(c) an area of at least 1,672 square metres.
Z.2 --- Blacks Harbour Rural Plan
48
24.4
Location of Main Buildings and Structures
No main building or structure may be placed, erected or altered so that it is
(a) within 7.5 metres of a street line; or
(b) within the distance of a side or rear lot line that is the greater of 3.0 metres or
one--half the height thereof.
24.5
Landscaping
The provisions of Section 19.9 shall apply with respect to landscaping.
Z.2 ... Blacks Harbour Rural Plan
49
25.0
RECREATION ZONE (Rec)
25.1
Permitted Uses
Any land, building or structure may be used for the purposes of:
(1)
one or more of the following main uses:
(a) recreation building or structure;
(b) park, field and trail;
(c) public open space; and
(d) community recreation facilities and services.
(2)
an accessory building, structure or use secondary to the main use.
Z.2 -
Blacks Harbour Rural Plan
50
26.0
RURA L ZONE ( RR )
26.1
Permitted Uses
Any land, building or structure may be used for the purposes of:
(1)
one of the following main uses:
(a) single- or two-family dwelling;
(b) agricultural uses;
(c) building intended for public assembly or for social, cultural, or recreational
activities;
(d) cemetery;
(e) community recreation facilities and services;
(f) educational building;
(g) forestry uses;
(h) milling and sawing of wood;
(i)
non--commercial camp or cottage which is only inhabited during part of the
year;
(j)
parks, fields, and trails;
(k) place of worship or secular institution;
(I)
public open space;
(m) public utility;
(n) recreational buildings or structures;
(o) conservation uses, including the maintenance of wetlands, deer wintering areas
and wildlife refuges.
(2)
an accessory building, structure or use secondary to the main use.
26.2
Uses Subject to Terms and Conditions
(1)
One of the following main uses may be permitted subject to terms and conditions
established by the Planning Advisory Committee:
(a) Notwithstanding 26.l(b), a hennery or piggery;
(b) Mini-home;
(c) salvage yard; and
(d) aggregate use.
Z.2 --- Blacks Harbour Rural Plan
51
(2)
Notwithstanding paragraph (l)(d), no new aggregate use shall be permitted if the
development would:
(a) in the opinion of the Planning Advisory Committee, create a hazard to human
life;
(b) cause injury to a person;
(c) damage adjoining property;
(d) permit ponding of water in excess of 0.6 metres in depth
(e) lower the water table excessively or cause significant changes in the surface
water flow on adjoining properties; or
(f) prejudice proposed or required rehabilitation of the land.
26.3
Lot Sizes
The provisions of the New Brunswick Regulation 81--26, the Provincial Regulation -
Community Planning Act, or any amendments thereto, respecting minimum lot
sizes, shall apply to permitted uses in this zone.
26.4
Size of Dwellings and Dwelling Units
The provisions of the New Brunswick Regulation 81--26, the Provincial Regulation -
Community Planning Act, or any amendments thereto, respecting minimum size of
dwelling shall apply to permitted uses in this zone.
26.5
Height of Main Buildings and Structures
No main building or structure may exceed 8.5 metres in height.
26.6
Accessory Buildings and Structures
No accessory building or structure shall
(a) exceed one storey or 4.8 metres in height;
(b) be placed, erected or altered so that it is
(i)
except in the case of an agricultural or forestry use, within the front yard of
the main building or structure;
(ii) in the case of an agricultural or forestry use, within 8.0 metres of a street
line; or
(iii) within a distance of a side or rear lot line of the greater of 3.0 metres or
one-half the height of the building or structure.
26.7
Lot Occupancy
Buildings and structures on a lot shall not occupy more than 30 percent of the area
of the lot.
26.8
Location of Main Buildings and Structures
No main building or structure may be placed, erected or altered so that it is
(a) within 7.5 metres of a street line;
(b) within 2.0 metres of a side lot line; or
2.2 - Blacks Harbour Rural Plan
52
(c) within 6.0 metres of a rear lot line.
27.0
RE ST RICTED DE VELOPMEN T ZONE ( RD )
27.1
Permitted Uses
Any land, building or structure may be used for the purposes of:
(1)
one of the following main uses:
(a) public utilities.
(2)
an accessory building, structure or use secondary to the main use.
Z.2 -·· Blacks Harbour Rural Plan
53
28.0
CONS ERVATI ON ZONE (Cons)
28.1
Permitted Uses
Any land, building or structure may be used for the purposes of:
(1)
one of the following main uses:
(a) acceptable erosion control structures;
(b) conservation uses, including the maintenance of wetlands, deer wintering areas,
and wildlife refuges.
(c) development associated with access and interpretation for educational or
research purposes;
(d) development or undertaking to protect a coastal feature while providing
approved public or private access to a shoreline (e.g., a boardwalk); and
(e) maintenance or enhancement of the coastal feature (e.g., sand fencing or
planting native dune grasses to protect sand dunes).
28.2
Height of Main Buildings and Structures
Any land, building, or structure developed in a Conservation zone must conform to
the Wetlands Protection Policy, the other relevant Zoning Provisions of this Rural
Plan, and other Regulations or By-laws that may be in effect.
Z.2 -·· Blacks Harbour Rural Plan
54
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