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Village of Fredericton
Junction
Rural Plan
By-law 2020-01
CPA - Section 108(a)
ii
Contents
Part A: Rural Plan - Title and Area Designation .................................................................................. 1
Part B: Rural Plan ................................................................................................................................ 2
SECTION 1 - BACKGROUND ............................................................................................................2
SECTION 2 - POLICIES AND PROPOSALS ..........................................................................................3
2.1
Residential ................................................................................................................................. 3
2.2
Commercial ............................................................................................................................... 4
2.3
Industrial ................................................................................................................................... 5
2.4
Institutional ............................................................................................................................... 5
2.5
Recreation Facilities and Public Open Space ............................................................................ 6
2.6
Resource .................................................................................................................................... 6
2.7
Protection of Water Supplies .................................................................................................... 7
2.8
Heritage Buildings and Sites of Historical or Archaeological Interest ....................................... 7
2.9
Conservation of the Physical Environment ............................................................................... 7
2.10
Municipal Services and Utilities ................................................................................................ 8
Part C: Zoning Provisions ..................................................................................................................... 9
SECTION 3 - DEFINITIONS ...............................................................................................................9
SECTION 4 - SCOPE AND INTERPRETATION ................................................................................... 22
4.1
Title and Scope ........................................................................................................................ 22
4.2
Classification ........................................................................................................................... 22
4.3
Interpretation of Zoning Boundaries ...................................................................................... 22
4.4
Zones Not on Map ................................................................................................................... 23
4.5
Powers of the Council ............................................................................................................. 23
4.6
Powers of the Commission ..................................................................................................... 23
4.7
Amendments ........................................................................................................................... 24
4.8
Existing Undersized Lots ......................................................................................................... 25
4.9
Interpretation .......................................................................................................................... 25
4.10
Uses Permitted ........................................................................................................................ 25
4.11
Development Approval ........................................................................................................... 25
SECTION 5: GENERAL PROVISIONS ................................................................................................ 27
5.1
Licenses, Permits, and Compliance with Other By-laws ......................................................... 27
5.2
Sewage Disposal and Water Systems ..................................................................................... 27
5.3
Frontage on Street .................................................................................................................. 27
CPA - Section 108(a)
iii
5.4
Dwellings per Lot ..................................................................................................................... 27
5.5
Existing Buildings ..................................................................................................................... 27
5.6
Accessory Buildings ................................................................................................................. 28
5.7
Accessory Buildings or Structures Erected Prior to Main Building ......................................... 28
5.8
Vehicle Bodies ......................................................................................................................... 28
5.9
Height Regulations .................................................................................................................. 28
5.10
Distance from Watercourses .................................................................................................. 29
5.11
Reduced Frontage on a Curve ................................................................................................. 29
5.12
Sight Triangle ........................................................................................................................... 29
5.13
Building and Structure Projections / Permitted Encroachments ............................................ 29
5.14
Parking Requirements ............................................................................................................. 30
5.15
Loading Standards ................................................................................................................... 33
5.16
Queuing Spaces ....................................................................................................................... 33
5.17
Fences, Walls, and Hedges ...................................................................................................... 34
5.18
Size of Dwellings and Dwelling Units ...................................................................................... 35
5.19
Resource Extraction ................................................................................................................ 35
5.20
Setbacks .................................................................................................................................. 36
5.21
Prohibition Regarding Yards and Other Open Space .............................................................. 36
5.22
Satellite Dishes and Communication Towers .......................................................................... 37
5.23
Private Garages and Carports ................................................................................................. 37
5.24
Early Learning and Childcare ................................................................................................... 37
5.25
Home Occupations .................................................................................................................. 37
5.26
Standards for Boarding and Rooming Houses ........................................................................ 39
5.27
Landscaping ............................................................................................................................. 39
5.28
Salvage Yard or Recycling Depot ............................................................................................. 40
5.29
Commercial and/or Industrial Operations Abutting Residential Uses .................................... 40
5.30
Finished Floor above Grade .................................................................................................... 40
5.31
Residential Development near a Lagoon or Treatment Plant ................................................ 41
5.32
Lighting or Illumination Devices .............................................................................................. 41
5.33
Signs ........................................................................................................................................ 41
5.34
Garden Suites .......................................................................................................................... 43
5.35
Secondary Dwelling Units ....................................................................................................... 43
CPA - Section 108(a)
iv
5.36
Keeping of Livestock................................................................................................................ 44
5.37
Wellfield Protected Areas ....................................................................................................... 44
SECTION 6: ZONES ........................................................................................................................ 45
6.1
Residential - R Zone................................................................................................................. 45
6.2
Village Centre - VC Zone .......................................................................................................... 47
6.3
General Commercial - C Zone ................................................................................................. 49
6.4
Industrial - I Zone .................................................................................................................... 51
6.5
Park, Recreational, Institutional - PRI Zone ............................................................................ 53
6.6
Rural Area - RA Zone ............................................................................................................... 54
6.7
Open Space - OS Zone ............................................................................................................. 55
CPA - Section 108(a)
1
Village of Fredericton Junction Rural Plan By-Law
By-law 2020-01
Part A: Rural Plan - Title and Area Designation
The Council of the Village of Fredericton Junction, under authority vested in it by section 35 of the
Community Planning Act, adopts the following Rural Plan By-law:
1.
This By-law may be cited as the Village of Fredericton Junction Rural Plan.
2.
The area of land as shown on the map placed in Schedule A, describing the municipal boundaries
of the Village of Fredericton Junction in Sunbury County, is designated for the purpose of the
adoption of the Rural Plan and is the area to which this by-law applies.
3.
The Village of Fredericton Junction Rural Plan contained in this by-law is hereby adopted for the
area described in Schedule A.
4.
By-law 2009-01, Village of Fredericton Junction Rural Plan By-law and any amendments thereto
are hereby repealed.
READ FIRST TIME
___________________________
READ SECOND TIME
___________________________
READ THIRD TIME AND ENACTED
___________________________
___________________________
___________________________
VILLAGE CLERK
MAYOR
CPA - Section 108(a)
2
Part B: Rural Plan
SECTION 1 - BACKGROUND
The previous Rural Plan for the Village of Fredericton Junction, hereby referred to as the Village, was
prepared and adopted in 2009. Section 43 of the Community Planning Act requires that all plans be
reviewed within ten years of its enactment, May 2017. The purpose of this review is to ensure that the
plan remains up to date with current planning and development standards and to ensure that the needs
of the community continue to be met by the plan.
It is the objective of Council to encourage the continued development of the Village as a distinct and
balanced community, providing housing, employment, and a full range of amenities for residents of all
ages. It is Council's intention to encourage growth in the village and to increase population. Development
is required to stimulate and accommodate growth and will be managed to maximize efficiency and
economy, while protecting the environment.
With this in mind, the following vision was developed,
The Village of Fredericton Junction is primarily a residential community offering a mix of
housing options and a variety of services. Community services and commercial options
appropriate to the size of the community will be offered with the intent of promoting
quality of life in a rural setting. The Village's location on the railway will be considered as
a strength in the promotion of economic development.
To this end, Council intends to meet the following objectives:
-
encourage residential development and provide a range of housing types to accommodate current
citizens and new residents;
-
encourage young families to move to the Village by providing an affordable variety of housing and
a range of community services;
-
encourage additional housing variety for seniors;
-
encourage commercial development, particularly in the Village Centre;
-
encourage the growth of business and industry;
-
maintain and enhance institutional and recreational facilities, particularly the concentration of
institutional and recreation uses through the use of the Tri-County Recreation Centre;
-
facilitate continued agricultural and forestry operations;
-
protect and enhance known sites of historical and architectural value;
-
protect the Village's water supply area; and
-
protect and enhance environmental assets.
CPA - Section 108(a)
3
SECTION 2 - POLICIES AND PROPOSALS
This component of the Rural Plan establishes appropriate policies and proposals that Council considers
necessary to encourage growth and development within the Village. Policies are statements of general
intent that guide government in the management of land-use. Policies establish adequate direction for
zoning provisions and other implementing mechanisms that Council may consider. The Community
Planning Act requires that a Rural Plan contain policies with respect to residential uses, commercial uses,
institutional uses, resource uses, recreational facilities and public open spaces, protection of water
supplies, heritage buildings and sites of historical or archaeological interest, conservation of the physical
environment, and any other matters that Council may consider necessary. Proposals are potential actions
or projects that the Village may undertake to implement or achieve the policy objectives. In many cases,
proposals relate directly to the zoning provisions provided in Part C. The following policies and proposals
are intended to achieve the objectives of Council.
2.1
Residential
The Village has undergone periods of growth and decline over the last 50 years. Between 2011
and 2016, the population declined by 6%. Based on data from the 2016 Census of populations,
the Village population is aging. Council wishes to encourage population growth by increasing the
number of young families in the village, which will help sustain the community, its institutions,
and its businesses. This will require provision of a range of housing types, including not only single
unit homes, but also small apartment structures, row houses, mini-homes, and seniors housing
that are available to a wide range of incomes.
2.1.1
Policies
(1)
It is a policy to encourage residential development within the capacity of existing or planned
municipal infrastructure.
(2)
It is a policy to ensure the provision of a broad range of housing types to address the needs of
current and potential residents.
(3)
It is a policy to ensure housing is available for residents with a variety of incomes.
2.1.2
Proposals
(1)
Council proposes to establish zoning which allows for the development of higher density housing.
(2)
Council proposes to establish zoning which encourages a variety of housing types.
(3)
Council proposes to establish zoning which allows the development of lower density residential
housing.
CPA - Section 108(a)
4
2.2
Commercial
Presently, there is limited commercial development within the Village. There is a desire among
the community for an increased availability of goods and services within the Village, allowing
residents to do more of their shopping locally.
Most of the existing retail is located along NB Route 101 and includes establishments such as:
Sunbury Grocery/Pizza Shack, Sunbury Diner, and Citizen's Credit Union. Any future expansion of
commercial development should be of a consistent scale to the existing services, provide essential
services, and increase the availability of office space.
2.2.1
Policies
(1)
It is a policy to direct the location of commercial development to appropriate areas of the Village.
(2)
It is a policy to encourage the continued development of the Village Centre.
(3)
It is a policy to encourage the growth and diversification of the Village's economic base by
supporting the retention and expansion of existing businesses and the establishment of new
businesses.
(4)
It is a policy to support expansion and development of businesses to the extent that they do not
place an undue burden on municipal infrastructure and resources.
(5)
It is a policy to foster commercial activities where they complement the character of the
community and are compatible with surrounding land uses.
(6)
It is a policy to permit a range of businesses within rural zones that are compatible with and
supportive of the rural character of the area.
(7)
It is a policy to allow for a range of home-based enterprises where the nature and scale of the
activity is complementary to or in keeping with the character of surrounding land uses.
2.2.2
Proposals
(1)
Council proposes to encourage a mix of uses in the Village Centre, given the current mix of land
uses found in the central portion of the Village.
(2)
Council proposes to encourage those wanting to conduct a business from home.
(3)
Council proposes to encourage commercial development through appropriate zoning.
CPA - Section 108(a)
5
2.3
Industrial
There is currently limited industrial development in the Village. However, given the Village's
location along the New Brunswick Southern Railway, it is important to preserve the existing
railway infrastructure and to allow for related industrial operations to develop should the
railway's importance increase in the future.
2.3.1
Policies
(1)
It is a policy to ensure the orderly development of industrial operations.
(2)
It is a policy to provide for the establishment of industrial uses, in appropriate locations, for future
industrial development.
(3)
It is a policy to encourage the mitigation of disruptions and intrusions to surrounding uses caused
by industrial uses.
2.3.2
Proposal
(1)
Council proposes to consider aesthetic impact when siting new industrial uses.
2.4
Institutional
The Village benefits from the presence of places of worship, a school, a fire department, and
ambulance and medical services. These institutions are important to the comfort and security of
residents and are an attraction to potential residents and businesses. Council intends to
encourage the preservation, protection, and improvement of institutional uses in the Village.
Council recognizes that while institutional uses are a desirable complement to other land uses in
the community, larger institutional buildings may have impacts on other nearby land uses. These
impacts are similar to commercial and industrial uses and may include traffic and parking,
aesthetics, and noise. Under some circumstances where food is prepared and/or served on site,
institutional uses may raise odour and waste management issues similar to restaurants.
2.4.1
Policies
(1)
It is a policy to encourage the maintenance and enhancement of existing institutional uses.
(2)
It is a policy to encourage the use of public educational buildings and facilities, such as sports
fields, gymnasiums, and classrooms, for adult education classes, group meetings, and other
community activities.
(3)
It is a policy to encourage new institutional uses to locate within the Village, subject to the size
and provisions that address the appropriateness and compatibility with the surrounding area.
CPA - Section 108(a)
6
2.4.2
Proposal
(1)
Council proposes to encourage institutional facilities to locate in the Village through collaborative
work with developers, event organisers, government agencies, and other community groups.
2.5
Recreation Facilities and Public Open Space
Recreation facilities and open spaces are a key asset of the Village. The community is fortunate to
have an excellent array of recreation facilities including the Sunbury West School and the Tri-
County Complex.
2.5.1
Policy
(1)
It is a policy to encourage public recreational uses to provide for the interaction of residents,
promote health and wellness, and foster a strong sense of community.
2.5.2
Proposals
(1)
Council proposes to encourage the development of parks, passive recreational uses, trails, boat
landing and launching areas, and public works associated with flood control, sewage treatment,
or similar uses.
(2)
Council proposes to protect the lands subject to flooding along the Oromocto River or lands within
30 metres of a known watercourse through appropriate zoning.
(3)
Council proposes to collaborate with developers to encourage subdivision plans to include land
dedication for public purposes.
2.6
Resource
Large portions of the land area of the Village are either in a natural state or are used for agriculture
or forestry. Agriculture and forestry uses contribute to the character and economy of the
community. Council wishes to continue to encourage agriculture and forestry, as well as other
resource uses with appropriate restrictions to reduce conflict with residential uses and to
minimize environmental impacts.
2.6.1
Policies
(1)
It is a policy to facilitate continued agricultural and forestry activity.
(2)
It is a policy to permit pit and quarry uses in an appropriate zone, subject to appropriate controls
to ensure steps are taken to mitigate impacts on surrounding land uses.
CPA - Section 108(a)
7
2.6.2
Proposal
(1)
Council proposes to establish appropriate zoning to encourage agricultural and forestry
operations in the Village, while upholding regulations as imposed by the Province of New
Brunswick and the Government of Canada.
2.7
Protection of Water Supplies
Northern portions of the Village are served by a municipal water system supplied via wells located
south of the NB Southern Railway in the central portion of the Village.
2.7.1
Policy
(1)
It is a policy to protect the quantity and quality of the Village water supply.
2.7.1
Proposal
(1)
Council proposes to permit development that will have minimal impacts on the Village water
supply and to review any proposed developments with respect to their conformance with the
provincial Wellfield Protection Program.
2.8
Heritage Buildings and Sites of Historical or Archaeological Interest
The main historical site within the Village is the Sunbury West Historical Society property located
on Currie Lane. Within a municipality, known structures of historic, archaeological, and cultural
significance should be preserved and maintained to provide a link to the history of the
municipality.
2.8.1
Policy
(1)
It is a policy to protect, maintain, and enhance the known heritage, archaeological, and cultural
assets within the Village.
2.8.2
Proposal
(1)
Council proposes to encourage and support the maintenance and preservation of known heritage,
archaeological, and cultural assets within the Village by working in collaboration with appropriate
groups and individuals.
2.9
Conservation of the Physical Environment
As a village in a predominately rural setting, the natural environment is a one of the key strengths
of Fredericton Junction. Given the Village's location on the North Branch of the Oromocto River,
issues such as flooding and watercourse protection are a concern for development.
2.9.1
Policies
(1)
It is a policy to preserve and protect the natural environment.
CPA - Section 108(a)
8
(2)
It is a policy to encourage development which respects natural constraints, such as steep or
unstable slopes, floodplains, and sensitive habitats.
2.9.2
Proposals
(1)
Council proposes to establish appropriate zoning which allows for the development of land while
retaining rural characteristics, such as, but not limited to, passive recreational activities and
agricultural activities.
(2)
Council proposes to prohibit building where a site is marshy, subject to flooding, excessively steep,
or unsuitable for development because of soil conditions or topography.
2.10 Municipal Services and Utilities
The Village provides sewage collection and treatment and water supply to northern portions of
the Village. The Village also has its own fire department providing fire protection to the Village
and surrounding areas.
2.10.1 Policies
(1)
It is a policy to undertake improvements to the Village water supply and distribution and sanitary
sewer collection and treatment systems, as required.
(2)
It is a policy to ensure the Village's groundwater supply is protected.
(3)
It is a policy to seek the co-operation of private and public utility companies in locating and
designing facilities, such as electrical substations and communication towers.
2.10.2 Proposal
(1)
Council proposes to permit utility-related uses in all zones, provided adequate measures of
mitigation are taken, such as, but not limited to, visual buffers, safety, and site access.
CPA - Section 108(a)
9
Part C: Zoning Provisions
SECTION 3 - DEFINITIONS
In this By-Law:
"ACT, the" means the Community Planning Act, Chapter 19, S.N.B. 2017 and amendments thereto.
"AGRICULTURAL USE" means an agricultural operation that is carried out for gain or reward or in
the hope or expectation of gain or reward, and includes
(a) the cleaning, draining, irrigating or cultivation of land;
(b) the raising of livestock, including poultry;
(c) the raising of furbearing animals;
(d) the raising of bees;
(e) the production of agricultural field crops;
(f) the production of fruit and vegetables and other specialty horticultural crops;
(g) the production of eggs and milk;
(h) the operation of agricultural machinery and equipment, including irrigation pumps;
(i)
the application of fertilizers, conditioners, insecticides, pesticides, fungicides and herbicides for
agricultural purposes;
(j) the storages, use or disposal of organic wastes for farm purposes;
(k) the operation of pick-your-own farms, from the gate agricultural operations roadside stands,
agricultural produce sales outlet and farm tourist operations as part of a farm operation;
(l)
the processing of a farm product for the purpose of preparing farm products for wholesale or
retail consumption;
(m) the preparation of an agricultural product distributed from the farm gate, including cleaning,
grading, and packaging;
(n) abattoir subject to appropriate legislation; and
(o) any other agricultural activity or process prescribed by regulation.
"ALTER" means any change in a structural component or any increase in the volume of a building or
structure, which is not for the purposes of maintenance only.
"AMUSEMENT PLACE" means an amusement park or an establishment, other than a private club or
an establishment authorized to serve beer or spirits, which for profit provides facilities for dancing, games,
the showing of motion pictures or any form of entertainment, amusement or recreation, whether or not
in conjunction with a restaurant or other commercial establishment.
CPA - Section 108(a)
10
"ANIMAL UNIT" means the number of livestock or poultry that produce one animal unit as follows:
(a) 1 bison, buffalo, bull, cow, donkey, fox, horse, mink, mule, pig, or steer including offspring
until weening;
(b) 3 llama, alpaca, or deer including offspring until weening;
(c) 6 sheep or goats including offspring until weening;
(d) 10 ostrich, emu, or fur bearing animals, excluding fox or mink;
(e) 20 chicken, turkey or geese;
(f) 50 chicks.
"AQUACULTURE USE" means the use of any land, building, or structure devoted to the hatching,
raising, or breeding of fish or other aquatic plants or animals, for sale or personal use.
"ARTISAN SHOP" means a shop in which arts and/or crafts are produced and may be offered for sale
but does not include a manufacturing use.
"ASSEMBLY HALL" means a building, or part thereof, used for the gathering of persons for civic,
political, religious, social, educational, recreational, or like purposes, or for the consumption of food and
drink.
"AUTOMOBILE REPAIR ESTABLISHMENT" means an establishment for the general repair,
rebuilding, or reconditioning of engines, motor vehicles, recreational vehicles, or trailers such as body
repair and frame straightening, painting and upholstering, vehicle steam cleaning, and undercoating, but
does not include a salvage yard.
"AUTOMOBILE SALES OR RENTAL ESTABLISHMENT" means an establishment having as its
main use the storage of vehicles for rent or sale, and accessory uses may include facilities for the repair
or maintenance of such vehicles.
"AUTOMOBILE SERVICE STATION" means a building or structure where gasoline, oil, grease, anti-
freeze, tires, tubes, tire accessories, light-bulbs, spark plugs, batteries or other accessories for motor
vehicles are stored or kept for sale or where vehicles may be oiled, greased, washed or have their ignition
adjusted, tires inflated, batteries charged, or where only minor or running repairs essential to the actual
operation of motor vehicles are executed or performed.
"BED AND BREAKFAST" means a home occupation within a single unit dwelling where not more than
three sleeping rooms are rented to the travelling and vacationing public, and where breakfast is served to
those who rent the sleeping rooms.
"BOAT LAUNCH" means a facility to launch and retrieve recreational boats from a trailer.
"BUILDING" means any structure used or intended to be used for supporting or containing any use or
occupancy.
CPA - Section 108(a)
11
"BUILDING, ACCESSORY" means a detached, subordinate building, not used as a residence, 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.
"BUILDING, MAIN" means the building in which the principal purpose or purposes for which the
building lot is used are conducted.
"CANNABIS" means cannabis as defined by the Government of Canada, pursuant to the Cannabis Act.
"CANNABIS PRODUCTION FACILITY" means a facility and premises authorized by a license issued
by the Government of Canada, pursuant to the Cannabis Act for growing, producing, testing, destroying,
storing, or distribution of cannabis but does not include the retail sale of cannabis or cannabis related
products.
"CARPORT" means a building or structure attached to a house that is designed for the parking and
storage of motor vehicles and is open on at least two ends in order to provide unobstructed access to the
rear yard.
"CLINIC" means a building or structure, or part thereof, used exclusively by physicians, dentists, or other
health professionals, and their staff or patients, for the purpose of consultation, diagnosis, and office
treatment of the physical, mental, and emotional health of humans and, without limiting the generality
of the foregoing, may include administrative offices, waiting rooms, treatment rooms, laboratories,
pharmacies, and dispensaries directly associated with the clinic, but shall not include accommodation for
in-patient care or operating rooms.
"COMMERCIAL RECREATION FACILITY" means a recreation facility operated as a business and
open to the public for a fee and, without limiting the generality of the foregoing, may include a golf course,
an amusement place, or a sports facility.
"COMMERCIAL VEHICLE" means any vehicle that is licensed as a commercial carrier as determined
by the Registrar of Motor Vehicles.
"COMMISSION" means the Regional Service Commission having jurisdiction and as established under
the Regional Service Delivery Act.
"COMMUNITY RECREATION CENTRE" means a building or part of a building including facilities
such as an ice surface, bowling alley, community meeting and event rooms and and associated outdoor
sports fields.
"CONSERVATION USE" means a wildlife refuge, natural buffer, or other such uses that serve to
protect or maintain an environmentally sensitive area.
"CONTRACTOR'S YARD" means a yard of any general contractor or builder where equipment and
materials are stored, or where a contractor performs shop or assembly work.
CPA - Section 108(a)
12
"DWELLING" means a main residential building or structure, or portion thereof, containing one or more
dwelling units.
"DWELLING, MODULAR" means a complete dwelling unit, built in a factory, that is designed in more
than one piece to be made mobile on a temporary basis, for transport to a site, which provides a
permanent residence for one or more persons, but does not include a mini-home, mobile home, or
recreational vehicle defined herein.
"DWELLING, MULTIPLE UNIT" means a dwelling containing three (3) or more dwelling units.
"DWELLING, SEMI-DETACHED" means a single unit dwelling attached to another single unit
dwelling by a common above grade wall with each dwelling located on a separate lot.
"DWELLING, SINGLE UNIT" means a dwelling containing only one dwelling unit and includes a mini-
home, but not a mobile home.
"DWELLING, TWO UNIT" means a dwelling having independent exterior walls containing two (2) self-
contained dwelling units,
(a) constructed one above the other, and having individual entrances from street level either directly
or through a common vestibule; or
(b) constructed adjoining, but not one above the other, and having common or individual entrances.
"DWELLING UNIT" means one or more habitable rooms designed, occupied, or intended for use by
one or more persons as an independent and separate housekeeping establishment in which a kitchen,
sleeping, and sanitary facilities are provided for the exclusive use of such persons and does include a
modular home or a mini-home, but not a mobile home.
"DWELLING UNIT, SECONDARY" means a secondary dwelling unit contained within and
subordinate to a main single detached dwelling that is internally accessible from the main dwelling unit.
"EARLY LEARNING AND CHILDCARE HOME" means an early learning and childcare home as
defined by and in accordance with the Licensing Regulation of the Early Childhood Services Act.
"EATING ESTABLISHMENT" means a building, or part thereof, where food is offered for sale or sold
to the public for immediate consumption and without limiting the generality of the foregoing, may include
such uses as a restaurant, café, cafeteria, take-out counter, ice-cream parlor, tea or lunch room, dairy bar,
coffee shop, snack bar, food truck, or refreshment room or stand.
"ENTERTAINMENT USE" means any activity carried on within a building or part of a building which
involves commercial entertainment, amusement or relaxation and, without limiting the generality of the
foregoing includes a tavern, nightclub, or other beverage room, an arcade or amusement centre and a
pool or billiard hall, but does not include escort services, adult cabarets, adult motion picture theatres,
adult retail outlets, adult book stores, or massage parlours.
CPA - Section 108(a)
13
"ERECT" means to build, construct, reconstruct, alter, locate, or relocate, and, without limiting the
generality of the foregoing, shall be taken to include any preliminary physical operation such as
excavating, grading, piling, cribbing, filling, or draining and structurally altering any existing building or
structure by an addition, deletion, enlargement, or extension. This includes any physical operations
preparatory thereto.
"FARMER'S MARKET" means an establishment or premises where farm products of local farming
community are sold at retail from areas designated for individual retailers.
"FOOD PROCESSING OPERATION" means an establishment for producing or processing foods for
human consumption.
"FORESTRY USE" means commercial silviculture and the production of timber or pulp, and any uses
associated with a silvicultural use, including sawmills, related vehicle and equipment storage and
maintenance buildings and yards, and retail and wholesale outlets for wood and wood products.
"FULL-TIME EARLY LEARNING AND CHILDCARE CENTRE" means a full-time early learning and
childcare centre as defined by and in accordance with the Licensing Regulation of the Early Childhood
Services Act.
"FUNERAL HOME" means an establishment for the preparation of the deceased for burial or cremation
and for holding funeral services and may incorporate a crematorium and chapel as an accessory use.
"GARAGE" means an accessory building or part of a principal building designed and intended to be used
for the storage of motor vehicles.
"GRADE" means the finished level of the ground at the exterior walls of a building or structure.
"GROSS FLOOR AREA" means the sum of the gross horizontal area of the several floors of a building
and its accessory buildings on the same lot, excluding cellar and basement floor area not devoted to
residential uses, but including the area of roofed porches and roofed terraces. All dimensions shall be
measured between exterior faces of walls.
"GROUP HOME" means a residence, licensed or approved under provincial statute, for the
accommodation of up to ten persons, exclusive of staff, living under supervision in a single housekeeping
unit who, by reason of their emotional, mental, social, behavioral, physical condition or legal status,
require a group living arrangement for their well-being, but does not include a "special care home" as
defined elsewhere in this by-law.
"HABITABLE ROOM" means the space within a dwelling unit in which living functions are normally
carried on, and includes living rooms, dining rooms, kitchens, bathrooms, recreation rooms, and
workshops and recreational rooms located in a basement or cellar.
CPA - Section 108(a)
14
"HEALTH AND WELLNESS CENTRE" means an establishment that provides exercise facilities such
as running, jogging, aerobics, court sports, and swimming, as well as locker rooms, showers, massage
rooms, saunas and related accessory uses.
"HEIGHT" means, in relation to a building or structure, the vertical distance as measured from mean
grade to the highest point of such building or structure.
"HERITAGE BUILDING" a home or building that has been designated by the Village of Fredericton
Junction, Province of New Brunswick or the Government of Canada as a property possessing cultural or
historical significance.
"HOME OCCUPATION" means an occupation, which is conducted in a dwelling, and which is clearly
secondary to the main use as a dwelling.
"HOUSE, BOARDING OR ROOMING" means a dwelling in which lodging and meals are regularly
provided for compensation to three or more persons other than the owner or tenant thereof and
members of his or her family but does not include a bed and breakfast, tourist establishment, hospital,
or other establishment otherwise classified or defined in this by-law.
"HOTEL" means an establishment designed to accommodate the travelling public, for gain or reward,
that consists of one or more buildings containing four or more attached accommodation units accessible
from the interior and that may or may not have facilities for serving meals, meeting rooms, and
recreational facilities.
"INDUSTRIAL USE" means the use of land, building or structures for the manufacturing, processing,
fabricating or assembly of raw materials or goods, warehousing or bulk storage of goods, and related
accessory uses, but does not include a salvage yard, and shall include the use of land, or building, or
structure for one or more of the following operations:
(a) the carrying on of any process of manufacture that may or may not result in a finished article;
(b) the dismantling and separating into parts of any article, machinery, or vehicle;
(c) the breaking up of any articles, goods, machinery, or vehicles;
(d) the treatment of waste materials;
(e) the processing of sand, gravel, clay, turf, soil, rock, stone, or similar substances, but not the
extraction thereof;
(f)
the repairing and servicing of all vehicles, machinery and buildings;
(g) the storage of goods in connection with or resulting from any of the above operations;
(h) the provision of amenities for persons engaged in such operations;
(i)
the sale of goods resulting from such operations; and
(j)
any work of administration or accounting in connection with the undertaking.
"INSTITUTIONAL USE" means the use of land, buildings, or structures for a public or non-profit
purpose and without limiting the generality of the foregoing, may include such buildings as schools, places
of worship, community centres, public hospitals, public libraries, community meeting rooms, and
government buildings, such as a fire department, post office, or municipal office.
CPA - Section 108(a)
15
"LAUNDROMAT" means an establishment that provides washing, drying, and/or ironing machines for
hire to be used by customers on the premises.
"LIVESTOCK" means large animals such as cows, horses, sheep, pigs, goats, mules, donkeys, llamas,
and alpacas. This definition also includes poultry such as chickens, chicks, geese, and turkeys, and fur
bearing animals. The definition of "livestock" does not include household pets such as cats, dogs, birds,
mice, rats, gerbils, rabbits, etc.
"LIVESTOCK FACILITY" means a building used or intended to be used to confine or house livestock
or a confined livestock area and includes a structure or area used or intended to be used to store manure.
"LOT" means a parcel of land or two or more adjoining parcels held by the same owner used or intended
to be used as the site for a building or an appurtenance thereto, whether or not such lot is shown on a
filed subdivision plan or is the subject matter of a separate deed or a separate description in a deed.
"LOT, CORNER" shall mean any lot situated at the intersection of, and abutting on, two or more streets.
"LOT, THROUGH" means a lot bounded on two opposite sides by streets or highways provided, that if
any lot qualifies as being both a corner lot and a through lot as defined herein, such lot shall be deemed
to be a corner lot for the purpose of this By-Law.
"LOT AREA" means the area contained within the boundaries of a lot.
"LOT COVERAGE" means that percentage of the lot area that is permitted to be covered by all buildings
and structures, other than swimming pools, and shall not include that portion of such lot area which is
occupied by a building or portion thereof which is completely below ground level, and for the purpose of
this definition the maximum lot coverage in each zone shall be deemed to apply only to that portion of
such lot which is located within said zone.
"LOT FRONTAGE" means the distance between side lot lines measured along a line perpendicular to
the established centreline at the required setback from the front lot line. In the case of a corner lot, the
front and flankage lot lines shall be deemed to extend to their hypothetical point of intersection for the
purpose of calculating the frontage. In the case of a curved corner or where side lot boundaries are not
parallel, lot frontage means the distance between the side boundaries of the lot at the minimum front
yard setback measured parallel to the street or at right angles to the tangent in a curved street.
"LOT LINE" means the common line between two lots, between two or more lots, between a lot and a
lane, between a lot and a body of water, or between a lot and any such line other than a street line.
CPA - Section 108(a)
16
"LOT LINE, FRONT" means the line dividing the lot from the street or other means of access; and
(a) in the case of a corner lot, the shorter boundary line abutting the street shall be deemed to be
the front lot line and the longer boundary line abutting the street shall be deemed to be the
flankage lot line; and where such lot lines are of equal length, the front lot line shall be the lot line
abutting the street upon which the building or structure erected or to be erected has its principal
entrance shall be deemed the front lot line; or
(b) in the case of a lot, which has as one of its boundaries the shoreline of a lake or the bank of a river,
the lot line facing the access road shall be deemed to be the front lot line.
"LOT LINE, REAR" means the lot line farthest from or opposite to the front lot line.
"LOT LINE, SIDE" means a lot line extending from the street line to the rear of the lot or the line
extending from the front lot line to the rear lot line.
"LOT LINE, FLANKAGE" means a side lot line that abuts the street on a corner lot.
"LOT WIDTH" shall mean where the side lot lines are parallel, the distance measured at right angles
from such lot lines across each lot and where such lot lines are not parallel, the distance between them
at the required front yard depth.
"MAIN WALL" means the exterior front, side, or rear wall of a building.
"MEMBERSHIP ORGANIZATION" means an organization which is fraternal, religious, recreational,
charitable, or literary in nature and which operates as a nonprofit enterprise.
"MINI-HOME" means a building unit that is designed to be used with or without a permanent
foundation as a dwelling, that has a width of less than six metres throughout its entire length, exclusive
of steps or porches, that is not fitted with facilities for towing nor to which towing apparatus can be
attached, and that is capable of being transported by means of a flat-bed float trailer from the site of its
construction without significant alteration.
"MINI-HOME PARK" means a parcel of land, not in a Provincial park, intended as the location, for
residential purposes, of ten or more mini-homes, upon which at least two mini-homes are located for
residential purposes.
"MOBILE HOME" means a factory built, detached structural unit designed to be capable of being
transported after fabrication on its own chassis and wheel system to a lot and which is suitable for year
round occupancy in a similar fashion as a dwelling unit, except for minor and incidental unpacking and
assembly operations and placement on defined supporting structures.
"MOTEL" means an establishment designed to accommodate the travelling public that consists of one
or more buildings containing four or more attached accommodation units accessible from the exterior
only and that may or may not have facilities for serving meals.
CPA - Section 108(a)
17
"MUSEUM" means a building for exhibiting a collection of books or historical, artistic, or scientific
objects.
"OFFICE" means a room or rooms where business may be transacted, a service performed, or
consultation given but shall not include the manufacturing of any product or the retail selling of goods.
"OUTDOOR DISPLAY COURT" means an area of land where goods are displayed which are available
for sale to the general public from a retail outlet located on the same lot.
"PARK" means an area of land set aside for recreational purpose and may include, but is not limited to,
playgrounds, baseball fields, tennis courts, soccer and other athletic fields, outdoor rinks, swimming pools,
and areas designed for passive recreational use, and includes the associated buildings and structures.
"PARKING LOT" means a building or structure or part of a building or structure or an open area
containing parking spaces, other than a street, for two or more motor vehicles, which is available for public
use or as an accommodation for clients, customers or residents and which has adjacent access to permit
ingress or egress of motor vehicles to a street or highway by means of driveways, aisles or maneuvering
areas where no parking or storage of motor vehicles is permitted.
"PARKING SPACE" means an area for the temporary parking, or storage of motor vehicles and which
has adequate access to permit ingress and egress of a motor vehicle to and from a street or highway by
means of driveways, aisles, and or maneuvering areas.
"PART-TIME EARLY LEARNING AND CHILDCARE CENTRE" means a part-time early learning
and childcare centre as defined by and in accordance with the Licensing Regulation of the Early Childhood
Services Act.
"PAVED" means the use of tar and gravel, asphalt, Portland cement concrete, or other similar substances
such as brick, or stone to create a smooth surface, including bituminous penetration, but does not include
the use of clay, dirt, or slag.
"PERSON" includes an individual, association, firm, partnership, corporation, trust, incorporated
company, organization, trustee, or agent, and the heirs, executors, or other legal representatives of a
person to whom the context can apply according to law.
"PERSONAL SERVICE SHOP" means a building or part of a building in which persons are employed
in providing direct services and otherwise directly administering to the individual and personal needs of
persons, and without limiting the generality of the foregoing, may include such establishments as barber
shops, beauty parlours, salons, cosmetic application, massage therapy, physiotherapy, spas, laser hair
removal, nail studios, tanning salons, hairdressing shops, shoe repair and shoe shining, tailoring and many
other services that relate to personal aesthetics, but excludes the manufacturing or fabrication of goods
for retail or any form of distribution.
CPA - Section 108(a)
18
"PRINTING ESTABLISHMENT" means an establishment in which the principal business consists of
duplicating and printing services using photocopy, blueprint, and offset printing equipment.
"RAILWAY USE" means the occupation and use of land, buildings, and structures for purposes directly
connected with rail transportation of articles, goods, and passengers.
"RECREATION USE" means the use of land, buildings and structures for parks, playgrounds, tennis
courts, lawn bowling greens, indoor and outdoor skating rinks, athletic fields, golf courses, boat and yacht
clubs, picnic areas and swimming pools, and similar uses to the foregoing, together with necessary and
accessory buildings and structures, but does not include commercial camping grounds nor a track for the
racing of any form of motorised vehicles, or any animals.
"RECREATIONAL VEHICLE" means a unit intended as a temporary accommodation for travel,
recreational or vacation use. Such units include one or more of a travel trailer, camper, motorized
dwelling, a tent trailer, slide-in campers, chassis mounted campers, a boat, a boat trailer, containers used
for transporting recreational equipment whether or not occupied by such equipment and any other non-
commercial trailer.
"RECYCLING DEPOT" means a building that is used for the deposit, collection and handling of waste
metal, paper, rags, tires, bottles, or other materials that are to be delivered wholesale to other off-site
operations for further processing, or salvage.
"RESOURCE EXTRACTION" means the removal of resources from the land and includes sod farming,
the extraction of sand, gravel, clay, shale, limestone, or any other deposit for profit.
"RESTAURANT" means a building, or any portion thereof, designed or used primarily for the serving
of, and consumption of food by customers within such building or portion thereof, and includes a
cafeteria.
"RESTAURANT, DRIVE-IN" OR "RESTAURANT, DRIVE THRU" means any land or building or
any portion thereof
(a) designed or used primarily for the service of food for consumption outside of the building or
portion thereof, in automobiles or off the premises; or
(b) designed or used primarily for the service of food at a counter within the building or portion
thereof, the food being served in a manner which allows the consumption thereof either at a table
or counter on the premises, in automobiles, or off the premises.
"RETAIL COMMERCIAL ESTABLISHMENT" means a building or part of a building in which goods,
wares, merchandise, substances, articles, or things are offered for sale directly to the public and shall
include minor food processing and packaging in connection with the sale of food products.
"SALVAGE YARD" means a licensed lot or premises for the storage, handling, or processing of and sale
of scrap material, and without limiting the generality of the foregoing, shall include wastepaper, rags,
used bicycles, vehicles, tires, metal, or other scrap material or salvage.
CPA - Section 108(a)
19
"SERVICE SHOP" means a building or part of a building used for the sale and repair of household
articles and shall include glass replacement shops, and electronic and appliance repair shops but shall not
include industrial uses or manufacturing, or motor vehicle or heavy equipment repair shops.
"SIGN" means any structure, device, light, painting, or other representation or natural object that is used
to identify, advertise, or attract attention to any object, place activity, person, institution, organization,
firm, group, commodity, profession, enterprise, industry, or business, or which displays or includes any
letter, work, model, banner, flag, pennant, insignia, device, or representation used as an announcement,
direction, or advertisement, and which is intended to be seen from off the premises or from a parking lot,
except any "signs" that are affixed to the inside of a window or glass door.
"SIGN, BILLBOARD" means a large ground sign or fascia wall sign that is not related to any business
or use located on the lot or premises on which it is located.
"SIGN, FASCIA WALL" means a sign, other than a roof sign or projecting sign, which is attached to and
supported by a wall of a building.
"SIGN, FREESTANDING" means a sign, other than a portable sign, supported independently of a
building and securely fixed to the ground.
"SIGN, ILLUMINATED" means a sign lighted by or exposed to artificial lighting by lights inside the sign.
"SIGN, MOBILE" means a structure which is located on the ground but not permanently attached,
which is capable of being easily relocated which holds a sign, that may have more than one face and may
include copy that can be changed manually or electronically by means of adjustable characters, message
panels or by other means.
"SIGN, PROJECTING" means a sign that is wholly or partially dependent upon a building for support
and which projects more than 30 centimetres beyond such building.
"SIGN, ROOF" means any sign erected upon, against, or directly above a roof, or on top of, or above the
parapet of a building.
"SIGHT TRIANGLE" means the triangular shaped area of land formed by measuring from the point of
intersection of street lines on a corner lot a minimum of 4.6 metres along each such street line and
adjoining such end points with a straight line.
"SPECIAL CARE HOME" means an owner occupied single-family dwelling used for the purposes of
providing special and individualized care to persons, who by reason of age, infirmity, or mental or physical
disability are not fully able to care for themselves, provided the number within the intended user group
does not exceed ten, and the facility complies with the applicable legislation;
"STOREY" means that portion of a building included between the surface of any floor and the surface
of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling
next above it.
CPA - Section 108(a)
20
"STREET OR ROAD" means the whole and entire right-of-way of every highway, road, or road
allowance vested in the Government of Canada, Province of New Brunswick, or the Village of Fredericton
Junction.
"STREET LINE" means the common line between a street and a lot.
"STRUCTURE" means anything that is erected, built or constructed of parts joined together or any such
erection fixed to or supported by the soil or by any other structure. A structure shall include buildings,
walls, signs, fences exceeding 2 metres in height and other similar erections. It does not include utility
lines or poles, traffic control devices, pavement, curbs, sidewalks, or statutory notices.
"STUDIO" means a workspace for artists or artisans including individuals practicing one of the fine arts
or skilled in an applied art or craft and may include space for the sale of articles created therein.
"SUITE, GARDEN" means a detached dwelling unit designed to be placed or erected on the same
property as an existing single unit dwelling lot.
"TOURIST ESTABLISHMENT" means any premises operated to provide sleeping accommodation to
the travelling public or sleeping accommodation for the use of the public engaging in recreational activities
and includes the services and facilities in connection with which sleeping accommodation is provided.
"USE, ACCESSORY" means a use, other than human habitation of land or a building or structure which
is naturally or customarily incidental and complementary to the main use of the land, building or structure,
and which is located on the same lot as the main use, but which does not include a secondary use.
"USE, MAIN" means the primary purpose for which a building, structure, and/or lot is designed,
arranged, or intended or for which it may be used, occupied, or maintained under this By-law;
"USE, SECONDARY" means a use:
(a) other than a main or accessory use;
(b) secondary to a main use; and
(c) conducted, unless otherwise provided (expressly or by definition) entirely within a building
containing the main use on the lot, other than a main or accessory use, permitted in a building.
"UTILITY" means any component of a water, sewerage, storm water, or solid waste disposal, cable
television, electric power, natural gas, or telecommunication system.
"VETERINARY CLINIC" means a facility for the medical care and treatment of animals and includes
provisions for their overnight accommodation but does not include any outdoor facilities such as kennels,
pen runs and enclosures.
"VILLAGE" means the Village of Fredericton Junction.
"VILLAGE CENTRE" means properties lying within the Village Centre Zone.
CPA - Section 108(a)
21
"WAREHOUSE" means a building used primarily for the storage of goods and materials and may include
the wholesaling and distribution of goods.
"WATERCOURSE" means the full width and length, including the bed, banks, sides and shoreline, or
any part of a river, creek, stream, spring, brook, lake, pond, reservoir, canal, ditch, or other natural or
artificial channel, open to the atmosphere, the primary function of which is to convey or contain water
whether the flow is continuous or not.
"WHOLESALE ESTABLISHMENT" means a building in which commodities in quantity are offered
for sale mainly to industrial, institutional, and commercial users, or to retailers or other merchants mainly
for resale or business use.
"YARD" means an open, uncovered space on a lot appurtenant to a building, except a court bounded on
two or more sides by buildings. In determining yard measurements, the minimum horizontal distance
between such building and the respective lot lines shall be used.
"YARD, FRONT" means a yard extending across the full width of a lot between the front lot line and
the nearest wall of any main building or structure on the lot; and "required front yard" or "minimum front
yard" means the minimum distance required by this By-law between the front lot line and the nearest
main wall of any building or structure on the lot.
"YARD, REAR" means a yard extending across the full width of a lot between the rear lot line and
nearest wall of any main building or structure on the lot; and "required rear yard" or "minimum rear yard"
means the minimum distance required by this By-law between a rear lot line and the nearest main wall
of any building or structure on the lot.
"YARD, SIDE" means a yard extending between the front yard and the rear yard between a side lot line
and the nearest main wall of any building on the lot; and "required side yard" or "minimum side yard"
means the minimum distance required by this By-law between a side yard line and the nearest main wall
of any building or structure on the lot.
"YARD, FLANKAGE" means the side yard of a corner lot, which side yard abuts a street, and "required
flankage yard" or "minimum flankage yard" means the minimum side yard required by this By-law where
such yard abuts a street.
CPA - Section 108(a)
22
SECTION 4 - SCOPE AND INTERPRETATION
4.1
Title and Scope
(1)
This by-law may be cited as "the Village of Fredericton Junction Rural Plan." The purpose of this
by-law is to:
(a) divide the village into zones;
(b) prescribe, subject to powers reserved to the Commission:
(i) the purpose for which land, buildings, and structures in any zone may be used, and
(ii) standards to which land use, and the placement, erection, alteration and use of
buildings and structures must conform; and
(c) prohibit the use, placement, erection, or alteration of land, buildings, or structures other
than in conformity with the purposes and standards mentioned in sub-paragraph (b).
4.2
Classification
(1)
For the purposes of this by-law, the Village is divided into the following zones as delineated on
the plan attached as Schedule A, entitled "Village of Fredericton Junction Zoning Map" and dated
May 2020, which forms part of this by-law. The zones are classified and referred to as follows:
-
Residential (R) Zone
-
Village Centre (VC) Zone
-
Park, Recreational, and Institutional (PRI) Zone
-
Rural Area (RA) Zone
-
Open Space (OS) Zone
-
General Commercial (C) Zone
-
Industrial (I) Zone
4.3
Interpretation of Zoning Boundaries
(1)
Boundaries between zones shall be determined as follows:
(a) a zone boundary shown approximately at a lot line is deemed to be at the boundary of the
lot line;
(b) a zone boundary shown following approximately the top of a bank of a shoreline, creek,
stream, or channel is deemed to be at the top of the bank and moves with any change in
such bank;
(c) where zone boundaries are indicated as following an existing or a proposed street line, alley
line, public utility right-of-way, or easement line, the zone boundary shall be construed as
coinciding with the boundaries of such streets, alleys, rights-of-way, or easements;
(d) if a dedicated street or road, as delineated on Schedule A, is closed, the property formerly
within such street or road shall be included within the zone of the adjoining property on
either side of such closed street or road. Where a closed street or road is the boundary
between two or more different zones, the new boundary shall be the former centreline of
the closed street;
CPA - Section 108(a)
23
(e) where an electrical transmission line right-of-way or watercourse is included on the zoning
maps and serves as a boundary between two or more different zones, a line midway on
such right-of-way or watercourse shall be considered the boundary between zones unless
specifically indicated otherwise; or
(f) where none of the above provisions apply, and where appropriate, the zone boundary shall
be determined by scaling from the attached Schedule A.
4.4
Zones Not on Map
(1)
The zoning map of this By-law may be amended to use any zone in this By-law, regardless of
whether such zone has previously appeared on any zoning map. Such amendments must be
carried out in accordance with the requirements of the Community Planning Act and must be in
conformity with the policies and proposals of Part B.
4.5
Powers of the Council
(1)
No building may be erected in the Village in respect of which, in the opinion of the Council,
satisfactory arrangements have not been made for the supply of electric power, water, sewerage,
streets, or other services or facilities.
4.6
Powers of the Commission
(1)
No building or structure may be erected on any site where it would otherwise be permitted under
this by-law when, in the opinion of the Commission, the site is marshy, subject to flooding,
excessively steep, or otherwise unsuitable by virtue of its soil or topography.
(2)
The Commission may, subject to such terms and conditions as it considers fit:
(a) authorize, for a temporary period not exceeding one year, a development otherwise
prohibited by this by-law; and
(b) require the termination or removal of a development authorized under subparagraph (a)
at the end of the authorized period.
(3)
The Commission 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 section 4.6(2)(a) that is due to expire or has
expired;
(b) an application with respect to the land has been made to amend the Rural Plan; and
(c) the Commission has received a resolution for the Village Council confirming that the council
will consider the application referred to in subsection (b).
CPA - Section 108(a)
24
(4)
Where uses are listed as being subject to terms and conditions, no development approval for such
use shall be issued unless a written application and supporting information for such use has been
submitted to the Commission, and the Commission has reviewed the application and approved it
as proposed, or subject to specific terms and conditions, or has refused the approval where
compliance with reasonable terms and conditions cannot reasonably be expected. Terms and
conditions so imposed shall be limited to those considered necessary by the Commission to
protect:
(a) properties within the zone or in abutting zones; and
(b) the health, safety, and welfare of the general public.
(5)
The Commission may permit, subject to terms and conditions:
(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 land or 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 the opinion of the Commission, is
desirable for the development of a parcel of land or a building or structure and is in
accordance with the general intent of the Rural Plan and any plan or statement hereunder
affecting such development.
(6)
In all zones created by this by-law, 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 generated within the planning area;
(e) drainage, including storm sewers;
(f) streets; and
(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, shall be a particular purpose in respect of which the Commission may
impose terms and conditions or prohibit where compliance with the terms and conditions
imposed cannot reasonably be expected.
(7)
The Commission may:
(a) delegate its authority under section 4.6 to the development officer; and
(b) authorize a delegate under section 4.6(7)(a) to further delegate his or her authority under
section 4.6(7)(a) to any person.
4.7
Amendments
(1)
A person who seeks to have this by-law amended shall:
(a) address a written and signed application to the Commission; and
(b) pay a fee of $1,500 payable to the Commission.
CPA - Section 108(a)
25
(2)
On the advice of Council, the Commission may return all or any part of the fee mentioned in
subsection 4.7(1)(b).
(3)
An application under this section shall include such information as may be required by the
Council or the Commission for the purpose of adequately assessing the desirability of the
proposal.
(4)
Before giving its views to the Council with respect to an application under this section, the
Commission may carry out such investigation as deemed necessary.
(5)
Where an application for rezoning of a property has been refused within the previous twelve
months, Village Council will not entertain an application to rezone the same property unless the
proposed use(s) are substantially different from the previous application.
4.8
Existing Undersized Lots
(1)
Nothing in this by-law shall prevent the use of a lot created prior to this by-law, not meeting the
lot size requirements, from being used for a single unit dwelling where permitted in the zone, and
where the property is either connected to the sewage system or has been approved by the
Department of Public Safety for the installation of a septic tank and disposal field.
4.9
Interpretation
(1)
In this by-law the word "shall" is mandatory and not permissive. Words used in the present tense
shall include the future, words used in the singular number shall include the plural, and words
used in the plural number shall include the singular. The word "used" shall include "intended to
be used", "arranged", and "designed". All other words shall carry their customary meaning except
for those defined in the plan.
4.10 Uses Permitted
(1)
Uses permitted within any zone shall be determined as follows:
(a) if a use is not listed as a permitted use within a zone, it shall be deemed to be prohibited in
that zone;
(b) if any use is listed subject to any terms and conditions, it shall be permitted subject to the
fulfilling of such conditions and requirements; and
(c) notwithstanding subsection 4.10(a), where a use permitted within any zone is defined in
any definitions, the uses within that zone shall be deemed to include any similar use, which
satisfies such definition, except where any definition is specifically limited to exclude any
use.
4.11 Development Approval
(1)
No person shall undertake a development without having obtained development approval, and
no development approval shall be issued unless the proposed development conforms to all
provisions of this by-law.
CPA - Section 108(a)
26
(2)
Where development approval is issued, such approval may include permission of any single
development, of more than one development, or of any or all elements related to any
development, provided that such development is specified by the permit and provided that no
development approval shall pertain to more than one (1) lot.
CPA - Section 108(a)
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SECTION 5: GENERAL PROVISIONS
5.1
Licenses, Permits, and Compliance with Other By-laws
(1)
Nothing in this by-law shall exempt any person from complying with the requirements of the
Building By-law or any other by-law in force within the Village, or to obtain any license, permission,
permit, authority, or approval required by any other by-law of the Village or statute and regulation
of the Province of New Brunswick or Government of Canada. Where the provisions in this by-law
conflict with those of any other municipal, provincial, or federal regulation, by-law, or code, the
more stringent requirement shall prevail.
5.2
Sewage Disposal and Water Systems
(1)
Where municipal sewer and water services are available, no permit shall be issued except where
the development is provided with such services.
5.3
Frontage on Street
(1)
No development approval shall be issued except where the lot intended to be used, or the lot
upon which the building or structure is to be erected, abuts and fronts upon a public street or
road, or a legally created private street or road, except where specifically provided for within this
by-law.
5.4
Dwellings per Lot
(1)
No more than one building containing one or more dwelling unit(s) shall be erected on any lot
except for the following:
(a) a garden suite, where permitted;
(b) a mini-home park, where permitted, subject to terms and conditions; and
(c) a lot wherein dwellings are so located that they would be in conformity with the provisions
of this bylaw if the lot was divided into separate lots, each abutting a publicly owned street
and containing one dwelling.
5.5
Existing Buildings
(1)
Where a building has been erected on or before the effective date of this by-law on a lot having
less than the minimum frontage, area, or yard required by this by-law, the building may be
enlarged, reconstructed, repaired, or renovated provided that:
(a) the zone applicable minimum distances between the main building or structure and the lot
lines are met; and
(b) all other applicable provisions of this by-law are satisfied.
CPA - Section 108(a)
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5.6
Accessory Buildings
Accessory uses, buildings, and structures shall be permitted in any zone but shall not:
(a) be used for a residential use;
(b) be built closer to the front lot line than the minimum distance required for the main
building, or be built closer than 3 metres to any other lot line except that:
(i) in any residential zone, buildings, or structures that are accessory to residential uses
shall not be located any front or flankage yard;
(ii) common semi-detached garages may be centered on the mutual side lot line; and
(c) exceed 4.8 metres in height;
(d) exceed 84 square metres in gross floor area the residential zone or exceed more than 100
square metres in gross floor area in any other zone.
5.7
Accessory Buildings or Structures Erected Prior to Main Building
(1)
An accessory building or structure may be placed or erected on a lot prior to the placement or
erection of the main building or structure if:
(a) a building permit for the main building or structure is obtained first;
(b) the main building or structure will be completed within one year from the date of the
issuing of the permit; and
(c) the accessory building or structure is located:
(i) as indicated on the site plan;
(ii) on the rear half of the lot; and
(iii) so as to not interfere with the practical usefulness of the main building or structure.
5.8
Vehicle Bodies
(1)
A motor vehicle, tractor trailer, tractor engine, container designed for commercial transport, farm
tractor, road building machine, and any vehicle drawn, propelled or driven by any kind of power,
notwithstanding if its wheels have been removed, shall not be used, in any zone, as a dwelling
unit or commercial main building nor be used as an accessory building or structure in any zone.
(2)
Subject to Subsection (3) below, an unoccupied recreational vehicle must be stored in the rear
yard of a main building or an accessory building.
(3)
Where an unoccupied recreational vehicle is stored in a rear yard, it shall be at least:
(a) 1.5 metres from a side or rear lot line; and
(b) 3.0 metres from any building or structure.
5.9
Height Regulations
(1)
The height regulations of this by-law shall not apply to church spires, water tanks, elevator
enclosures, silos, flagpoles, television or radio antennae, ventilators, skylights, barns, chimneys,
clock towers, windmills, monuments, lightning rods, or solar collectors attached to the principle
structures, except where specifically regulated.
CPA - Section 108(a)
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5.10 Distance from Watercourses
(1)
No development shall be permitted within 30 metres of a watercourse or water body unless a
Watercourse and Wetland Alteration Permit has been issued by the Department of Environment
and Local Government.
5.11 Reduced Frontage on a Curve
(1)
Where the front lot line of any lot is a curved line or when the side lines of a lot are not parallel,
a minimum lot width that is equal to the minimum lot frontage required by this by-law shall be
required in lieu of such minimum lot frontage. For the purpose of this sub-section, such minimum
lot width shall be measured along a horizontal line between the side lot lines, whose end points
are defined by the intersection of said side lines with the minimum front or flankage yard as
required by the applicable provision of this by-law.
5.12 Sight Triangle
(1)
On a corner lot a fence, sign, hedge, shrub, bush, or tree, or any other structure or building shall
not be erected or permitted to grow to a height 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 4.6
metres from their point of intersection.
5.13 Building and Structure Projections / Permitted Encroachments
(1)
The requirements of this by-law with respect to the placing erecting or altering of a building or
structure in relation to a lot line or street line apply to all parts of the building or structure except
for:
(a) cornices, eaves, and steps that project not more than 60 centimetres;
(b) sills, leaders, belt courses, and similar ornamental or structural features that project not
more than 15 centimetres;
(c) the ordinary projection of skylights;
(d) window or door awnings which project not more than 1 metre;
(e) open or lattice-enclosed fire balconies or fire escapes which project not more than 1 metre;
(f) chimneys, smokestacks, or flues, which project not more than 60 centimetres;
(g) balconies of upper stories of multiple dwellings or buildings which incorporate multiple
dwellings, provided they are not enclosed above a parapet of normal height, which project
not more than 1.85 metres into a front or rear yard or not more than 1.25 metres into a
side yard;
(h) floors in the main building above the first floor, which project not more than 2 metres into
a front yard or rear yard or not more than 1.25 metres into a side yard;
(i) wheelchair ramps and lifting ramps may be located in any yard;
(j) steps providing access at the first storey level may be located in any front, rear, or flankage
yard;
(k) window bays and solar collectors may be permitted to project not more than 0.9 metres
from the main wall into a required front, rear, or flankage yard;
CPA - Section 108(a)
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(l) exterior staircases providing access to the basement or any floor above the first storey level,
balconies, porches, verandas, and sundecks shall be permitted to project a maximum of 2
metres into any required front, rear, or flankage yard, except that no exterior staircase
giving access to any floor above the first storey level shall be permitted between the facade
of any building and the street line, except subject to such terms and conditions as the
Commission considers necessary; and
(m) swimming pools may encroach within 1.2 metres of the property line in any rear or side
yard but never encroach on any required front or flankage yard.
5.14 Parking Requirements
(1)
No building or structure shall be placed, erected, altered or used unless off-street vehicular
parking spaces are provided in accordance with the requirements of subsection 5.14(3).
(2)
Where the total required spaces for any use is not a whole number, the total spaces required by
Section 5.14(3), or by other specific sections, shall be the next largest whole number.
(3)
Subject to paragraph (4), the owner of each building or structure erected, extended, or altered,
in whole or in part, for any of the listed uses, shall provide and maintain on lands appurtenant to
or within 150 metres of such building or structure not less than the following number of accessible
off-street vehicular parking spaces:
Schedule of Minimum Parking Requirements
Use
Minimum Parking Requirement
Any dwelling except as specified below
- 1 space per dwelling unit;
One (1) space per dwelling unit
Multiple unit dwellings
One and a quarter (1.25) spaces per dwelling
unit
Senior citizen apartments
- 1 space per dwelling unit;
One half (0.5) spaces per dwelling unit
Boarding and rooming houses
- 1 space per bedroom;
One (1) space per bedroom
Assembly buildings including arenas,
auditoriums, churches, funeral homes,
theatres, rinks, or any building containing a
like use
One (1) space for each four (4) persons
comprising a capacity audience or
congregation therein
Hospital or sanatorium
One (1) space per bed
Hotels, motels, or bed and breakfasts
One (1) space per guest room
Eating establishments
The greater of one (1) space per each three (3)
patrons comprising capacity patronage or 1
space per 10 square metres of gross floor area
Institutional uses, except as specified herein
The greater of one (1) space per four (4) seats
where there are fixed seats, or one (1) space
per 10 square metres of gross floor area where
there are no fixed seats
CPA - Section 108(a)
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Schedule of Minimum Parking Requirements
Use
Minimum Parking Requirement
Schools
One (1) space per classroom for an elementary
or junior high school, or four (4) spaces per
classroom for a high school; additional spaces
to accommodate auditorium seating shall be
provided in accordance with the provisions for
an institutional use
Sports or recreation fields
One (1) space for each six (6) persons for
whom seating arrangements may be provided
Stores, including retail, wholesale, or service
establishments with a gross floor area not
exceeding 465 square meters
Three (3) spaces per 93 square metres of gross
floor area
Stores, including retail, wholesale, or service
establishments with a gross floor area
exceeding 465 square meters
Four (4) spaces per 93 square metres of gross
floor area
Homes for the aged, nursing homes, and
special care homes
One (1) space per three (3) beds
Full-time early learning and childcare centre
and part-time early learning and childcare
centre
One (1) space per 25 square metres of gross
floor area;
Funeral homes
The greater of fifteen (15) spaces per viewing
room or, where a chapel is provided, one (1)
space per four (4) fixed seats
Office buildings, offices or consulting rooms in
a residence or elsewhere, financial
institutions, public libraries, art galleries, or
museums
Three (3) spaces per 93 square metres of gross
floor area
Warehouse and general industrial uses
The greater of one (1) space per 50 square
metres of gross floor area, or one (1) space per
four (4) employees
Any use not specified above
One (1) space per 30 square metres of gross
floor area
(4)
Except for parking spaces for motel patrons, no parking space is permitted nearer than 2 metres
from a wall containing windows to habitable rooms.
(5)
Each off-street parking space shall:
(a) have an area of at least 13.2 square metres measuring 5.5 metres in length and not less
than 2.75 metres in width, exclusive of driveways;
(b) be readily accessible from a public street; and
(c) be located on the lot containing the use for which the spaces are provided.
CPA - Section 108(a)
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(6)
Notwithstanding Section 5.14(3) above, accessible spaces shall be provided for all uses requiring
barrier-free access under the National Building Code of Canada, in conformity with the following
schedule:
(a) a minimum of one (1) barrier-free parking space per parking lot, plus an additional barrier-
free parking space for each 25 spaces or less required;
(b) where the required number of parking spaces exceeds 200, there shall be one (1) barrier-
free parking space for each 50 required parking spaces;
(c) notwithstanding 5.14(6)(a), no barrier-free parking spaces shall be required where the
proposed development requires less than 4 parking spaces.
(d) each reserved parking space shall contain an area of not less than 28 square metres
measuring at least, 4.6 metres in width;
(e) where the limits of the parking lot are defined by a curb, the parking lot shall have a ramped
curb which shall be located as close as possible to the location which it is intended to serve
and in no case shall it be more distant than 90 metres from the location which it is intended
to serve;
(f) each barrier-free parking space shall be located as close as possible to the location it is
intended to serve; and
(g) each barrier-free parking space shall be clearly identified by a permanently affixed ground
sign.
(7)
Where a parking lot for more than six (6) vehicles is required or proposed, the following provisions
apply:
(a) lights used for illumination of the lot shall be arranged in order to divert the light away from
streets, adjacent lots, and buildings;
(b) approaches or driveways to the lot shall have a curbing radius of 10 metres where they
meet a public street, shall be defined by a curb of asphaltic concrete or Portland Cement
concrete, and the limits of the lot shall be defined by a fence, curb, or other suitable
obstruction designed to provide a neat appearance;
(c) the location of approaches or driveways shall not be closer than 15 metres from the limits
of the right-of-way at a street intersection;
(d) entrance and exit driveways to a parking lot shall not exceed two (2) in number at the street
line and edge of pavement;
(e) notwithstanding 5.14(7)(d), the Commission may consider the creation of more than two
driveways, subject to terms and conditions;
(f) the width of a driveway leading to a parking lot or loading space, or of a driveway or aisle
in a parking lot leading to or from a parking lot or loading space shall:
(i) in the case of a one-way driveway for traffic entering or exiting the lot, have a width
of at least 3.5 metres;
(ii) in the case of a two-way driveway for traffic entering and exiting the lot, have a width
of at least 6.7 metres; and
(iii) not exceed a maximum width of 7.6 metres except in any Commercial or Industrial
zone, where it shall not exceed a maximum width of 12 metres; and
CPA - Section 108(a)
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(g) the parking lot shall be graded and drained in such a manner as to ensure that the surface
water will not escape onto neighbouring lands or on to the traveled way or sidewalk of any
public street.
(8)
Notwithstanding any other provision of this by-law, for properties located in the Village Centre
Zone, Council may, at its discretion, allow a development which would not otherwise be permitted
due to a lack of parking if the applicant pays to the Village a sum equivalent to $200 for each
parking space by which the required total will be reduced. This sum shall be payable on such terms
and conditions as Council may determine.
5.15 Loading Standards
(1)
Off-street spaces not less than 9 meters long, 3.65 meters wide and 4.45 metres high shall be
provided for loading for every building or structure used for any purpose involving the use of
vehicles for the receipt or distribution of materials, in the following numbers:
Floor Area of Building
Number of Loading Spaces
Up to and including 1,850 square metres
One (1)
Over 1,850 square metres up to and
including 4,645 square metres
Two (2)
For each 4,645 square additional or major
portion thereof
One (1) additional space
(2)
An off-street loading space referenced in 5.15(1) above shall:
(a) be located so merchandise or materials are loaded or unloaded on the premises being
served;
(b) be provided with adequate entrance and exit facilities and unobstructed maneuvering
aisles; and
(c) be a paved surface.
5.16 Queuing Spaces
Queuing spaces shall be provided for drive-thru businesses (including drive-thru restaurants, car
washes, automotive service stations, and drive-in businesses), as follows:
(a) for drive-thru businesses, including drive-thru restaurants, banks, and car washes:
(i) six (6) in-bound queuing spaces shall be provided for vehicles approaching the drive-
up service window; and
(ii) one (1) outbound queuing space shall be provided on the exit side of each service
position and this space shall be located so as not to interfere with service to the next
vehicle;
(b) all queuing spaces shall be a minimum of 6.5 metres long and 3 metres wide; and
(c) queuing lanes shall provide sufficient space for turning and maneuvering and shall not
occupy any portion of a designated fire lane.
CPA - Section 108(a)
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5.17 Fences, Walls, and Hedges
(1)
Notwithstanding any other provision of this by-law, a fence, wall, or hedge may be placed or
located in any yard; however:
(a) except for a security fence of chain link construction in any commercial, industrial, or
institutional zone, no fence located within a required front or flankage yard shall exceed 1
metre in height; and
(b) no fence shall exceed in height:
(i) 2 metres for a residential use;
(ii) 3 metres in any commercial, industrial, institutional, or agricultural use; or
(iii) 2.5 metres for any other use.
(2)
Provisions of this section do not apply to:
(a) a fence erected upon or abutting land which is used for a railway right-of-way, or for hydro,
telephone or utility installations, or for public work installations which are hazardous to the
public; or
(b) any matter in respect to which an exemption has been granted by the Commission;
(3)
Barbed wire, razor wire, and barbed tape obstacle may only be used as a fencing material:
(a) where it is used to confine domestic farm animals; or
(b) where the purpose of the fence is to limit access to a lawful commercial, industrial,
community, or institutional use of land, provided that the wire component of the fence is
no closer to the ground than 2 metres.
(4)
No fence shall:
(a) be made of sheet metal or corrugated metal panels or include anything that is sharp or
protruding;
(b) be located closer than 2 metres from a fire hydrant, except that a fence may be located no
closer than 0.6 metres to the rear of a fire hydrant as viewed from the centre of a municipal
road right-of-way;
(c) encroach onto Village-owned or public lands or sight triangles at an intersection;
(d) interfere with the natural drainage of the property on which it is erected or any adjacent
property; or
(e) be erected in such a manner as to obstruct visibility to drivers or pedestrians entering,
exiting, crossing, or approaching a driveway, roadway, laneway, or walkway.
(5)
No person shall erect a fence or cause a fence to be erected unless the fence is:
(a) stable;
(b) vertical;
(c) made of materials of durable quality and consistent with the dwelling and/or
neighbourhood;
(d) suitable for the purpose; and
(e) constructed and supported in a manner appropriate to the design of the entire fence.
CPA - Section 108(a)
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(6)
Every person who erects a fence or causes a fence to be erected shall keep such fence:
(a) in good repair;
(b) in a safe and structurally sound condition;
(c) free from accident hazards; and
(d) protected by paint, preservative, or other weather resistant material, except for wooden
fences made of cedar, redwood, or treated wood.
5.18 Size of Dwellings and Dwelling Units
(1)
No single unit or two unit dwelling may be placed, erected, or altered so that it contains a dwelling
unit with a floor area less than:
(a) 32 square metres, in the case of a bachelor apartment as a secondary dwelling unit; or
(b) 45 square metres, in the case of a dwelling unit other than the one mentioned in subsection
5.18(1)(a).
(2)
No multiple unit dwelling may be placed, erected, or altered so that it contains a dwelling unit
with a floor area less than:
(a) 32 square metres, in the case of a bachelor apartment;
(b) 45 square metres, in the case of a one-bedroom dwelling unit;
(c) 55 square metres, in the case of a two-bedroom dwelling unit; or
(d) 64 square metres, in the case of a dwelling unit containing three or more bedrooms.
5.19 Resource Extraction
(1)
No person may undertake a new excavation of sand, gravel, clay, shale, limestone, or other
deposits for the purpose of sale or other commercial use of the excavated material, unless such
use has been approved through a terms and conditions application.
(2)
For a new excavation, the following information shall be provided with the terms and conditions
application:
(a) a plan drawn to a scale not less than 1:1000 indicating the boundaries of the land involved
in the proposal and the boundaries of that part proposed to be excavated;
(b) the proposed base or lowest level of the proposed excavation;
(c) the means to maintain accesses to the excavation and public streets over which excavated
materials are transported in a dust-free condition by paving, sweeping, or the use of calcium
chloride;
(d) the anticipated date of commencement of work involved in the excavation; and
(e) a proposal for rehabilitation of the site of the excavation and the proposed time limit for
rehabilitation.
CPA - Section 108(a)
36
(3)
Operation of the use under this section is subject to the following:
(a) that the excavation, and any related work, is carried on only between the hours of 7:00 a.m.
and 8:00 p.m. and only on days other than Sundays and holidays as defined by the
Interpretation Act;
(b) that no operation in relation to the excavation is conducted in such a manner as:
(i) to be apt to create a hazard to human or other life, to cause injury to a person, or to
damage adjoining property;
(ii) to permit ponding of water in excess of 0.6 metres in depth;
(iii) to lower the water table on neighbouring properties; or
(iv) to prejudice proposed or required rehabilitation of the land;
(c) that neither the top nor toe of the slope of the excavation, nor any building or structure, is
within 15 metres of an abutting property line;
(d) that, annually at the end of operations for the summer, the slope of the excavation is not
steeper than 1.5 horizontal to 1 vertical for the full depth; and
(e) that the land of the site of the excavation is rehabilitated when the operation is concluded.
(5)
Where an owner fails to meet imposed requirements for rehabilitation, Council may cause the
required rehabilitation to be done and may recover all associated costs from the owner.
5.20 Setbacks
(1)
No building or structure may be placed, erected, or altered so that it is:
(a) within 15 metres of an arterial or collector highway;
(b) within 7.5 of a local street or highway; or
(c) within 3 metres of a side or rear lot line.
(2)
Notwithstanding 5.20(1), a building may be placed, erected, or altered so that it is as close to the
street line as:
(a) where there is a building on both sides and within 30 metres, the mean of the distance
between the street line and the adjacent buildings; or
(b) where there is a building within 30 metres of one side only, the mean of the front or
flankage yard distance and the distance between the street line and the adjacent building.
(3)
The required setback from a street or a side lot line shall be considered the front and side yard
subject to landscaping requirements in section 5.28
5.21 Prohibition Regarding Yards and Other Open Space
(1)
No portion of any yard or other open space on a lot may:
(a) be considered as providing a yard or open space for a building or structure on another lot;
or
(b) if such portion is required by this by-law in respect of an existing building or structure, be
considered as providing a yard or open space for another building or structure on the same
lot.
CPA - Section 108(a)
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5.22 Satellite Dishes and Communication Towers
(1)
Satellite dishes greater than 1.5 metres in diameter and communication towers shall not be
permitted between the main building and the street line.
5.23 Private Garages and Carports
(1)
Where a private garage or carport is attached to or incorporated in a dwelling, it becomes part of
the building for purposes of determining the required setbacks on the lot.
5.24 Early Learning and Childcare
(1)
Where permitted an early learning and childcare home, a full-time early learning and childcare
centre, or a part-time early learning and childcare centre shall:
(a) not be located on any corner lot;
(b) not use illuminated signs, nor shall any sign exceed 0.75 square metres in area nor exceed
one in number; and
(c) comply with all provincial regulations as stated in the Licencing Regulation of the Early
Childhood Services Act of New Brunswick.
5.25 Home Occupations
(1)
Subject to subsection 5.25(2), where a home occupation is permitted under this by-law, one of
the following occupations may be conducted as a home occupation:
(a) an office or studio;
(b) a personal service shop;
(c) an instructional service, which may include, without limiting the generality of the forgoing,
teaching music, arts and crafts, or dance;
(d) a domestic and household art workshop, which may include, without limiting the generality
of the forgoing, dressmaking, woodworking, arts and crafts, painting, sculpturing, moldings,
or otherwise making or repairing garden or household ornaments, articles of clothing,
personal effects or toys.
(e) a caterer's establishment;
(f) a trades business which may include, without limiting the generality of the forgoing,
plumber, electrician, carpenter, painter, or other similar uses;
(g) a repair shop, which may include, without limiting the generality of the forgoing, radio or
television service or repair shops, locksmith shops, small appliance service or repair shops,
household and carpenter tool service or repair shops, but specifically excludes the repair of
motor vehicles, lawn equipment, construction equipment, recreation vehicles or
motorcycles, metal fabrication shop, and auto body shop;
(h) a bed and breakfast, subject to subsection 5.25(3); and
(i) professional services such as a doctor, dentist, lawyer, engineer, architect, planner, or other
similar professions.
CPA - Section 108(a)
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(2)
A home occupation is subject to the following requirements:
(a) that not more than one person is engaged therein in addition to members of the family
resident in the dwelling unit in which the home occupation is located;
(b) that the home occupation is confined to the dwelling unit, and no part of it is located in an
accessory building or structure;
(c) that the floor area of the dwelling unit which is devoted to the home occupation does not
exceed the greater of:
(i) 35 per cent of the floor area of the dwelling unit, or
(ii) 30 square metres;
(d) that no change, except for a sign permitted in a residential zone under section 5.33, is made
in the outside appearance of the building, which would indicate that a home occupation is
being conducted therein;
(e) that no goods or services other than those permitted by this section are supplied or sold
therein or there from;
(f) that no equipment or materials used in the home occupation are stored other than in the
dwelling unit;
(g) that parking is provided as required under section 5.14;
(h) that no off-site electrical interference, dust, glare, fire hazard, noise, smoke or excessive
traffic be generated;
(i) that only one home occupation shall be permitted per lot;
(j) that the home occupation shall be conducted in such a way that it shall not be apparent
from the outside of the dwelling that it is used for anything other than a residence;
(k) that there shall be no display of goods visible from the outside, or outside storage of
equipment, materials, containers, or use of any accessory building in connection with the
home occupation;
(l) that no more than one commercial vehicle which may contain the non-illuminated name,
address, telephone number and occupation, profession, or trade of the proprietor of the
home occupation, not exceeding 2,722 kg gross vehicle weight, may be parked on the
premises in connection with the home occupation;
(m) that no mechanical equipment is used except that which is reasonably consistent with the
residential use of the dwelling; and
(n) that the keeping of animals and taxi stands shall be deemed not to be home occupations.
(3)
Where permitted in this by-law, a bed and breakfast shall conform to the following requirements,
as well as any prescribed in section 5.25:
(a) the use of a home as a bed and breakfast is an accessory use to a dwelling unit occupied by
a resident of the property;
(b) a bed and breakfast establishment shall occupy not more than three bedrooms as sleeping
rooms for guests;
(c) the preparation of food may be permitted within a bed and breakfast establishment for sale
to the guests of the bed and breakfast only;
(d) no cooking equipment shall be provided in a room that is used for sleeping accommodation;
CPA - Section 108(a)
39
(e) parking or storage of motor vehicles shall be provided for use by the guests, subject to
section 5.14.
5.26 Standards for Boarding and Rooming Houses
The use of a dwelling as a boarding or rooming house is subject to the requirements that:
(a) the dwelling unit remains an owner-occupied dwelling;
(b) accommodations for compensation are provided for no more than four persons;
(c) cooking equipment is not permitted in a room used for sleeping accommodation;
(d) the exterior of the building is not altered;
(e) required parking is provided at the rear or the side of the building; and
(f) no sign advertising the existence of the boarding or rooming house shall be displayed
except a sign permitted in a residential zone under Section 5.33.
5.27 Landscaping
(1)
Subject to this section, the owner of a lot developed for residential purposes shall landscape:
(a) the front yard of the main building;
(b) any required yard that abuts a street, subject to section 5.12;
(c) any side yard; and
(d) any part of the rear yard within 4 metres of any main building;
(2)
Landscaping shall include:
(a) at least 80 mm of topsoil after compaction and the seeding or sodding thereof;
(b) may include partial devotion to paths, patios, walkways, shrubbery, trees, or ornamental
features such as stone(s) where not prohibited by this or any by-law, rule, or regulation.
(3)
Subject to this section, the owner of a lot developed for commercial or industrial purposes shall
landscape the total area of the lot, except for that part devoted to buildings and structures or
driveways, loading, and parking areas. For lots having significant surplus area that is not built on,
existing trees and vegetation shall be retained.
(4)
For the purposes of this section, landscaping shall be provided as follows:
(a) for multiple dwelling units of four units or less, landscaping shall be completed in the front
yard area of the lot. In a corner lot, this includes the frontage on all streets;
(b) for multiple dwelling units in excess of four units, landscaping shall be completed in that
portion of the front yard area in front of the main building. If the length of the front of the
main building is not 50% or more of the total frontage, additional landscaping shall be
provided to total 50% of the entire frontage. On a corner lot, the front of the building shall
mean that part of the main building facing the street, and the frontage shall be the length
of the lot along all streets; and
(c) notwithstanding subsections 5.27(4)(a) and (b), Council may approve such other use of the
front yard area of any lot, provided that such use is referred by Council to the Commission
and that the Commission recommends to Council that such use be allowed.
CPA - Section 108(a)
40
(5)
Landscaped areas shall be graded to divert surface water from the building as is reasonably
possible.
(6)
The landscaping under this section shall be completed not later than one year from the date of
the development approval for the main building.
(7)
Notwithstanding any other landscaping provision in this section, any yard may be used for the
purpose of walkways and driveways for access to the main building or other use of the lot.
(8)
Except for that part of the lot devoted to buildings and structures, a lot shall not be developed for
a commercial, industrial, or multiple unit residential purpose unless:
(a) in the case of driveways and off-street parking areas, the area is graveled or paved; and
(b) in the case of that part of the lot not subject to the operation of 5.28(8)(a), the area is
landscaped.
5.28 Salvage Yard or Recycling Depot
(1)
Where land is used for exterior storage of scrap, recycling, or automotive materials, the following
standards shall apply:
(a) the whole of the storage area shall be surrounded by a solid fence, not less than 3 metres
and not greater than 5 metres in height, unpierced except for gates necessary for access;
(b) the fence shall be located at least 6 metres from the front lot line and 1.5 metres from the
side or rear lot lines, and the land between the fence and any lot line not required for
entrance and exit driveways shall be landscaped; and
(c) no material shall be piled higher than the height of the surrounding fence.
5.29 Commercial and/or Industrial Operations Abutting Residential Uses
(1)
The use of a lot abutting a residential zone or residential use in the Village Centre Zone for the
purposes of carrying on a use partly or wholly outside a building is permitted only if approved by
the Commission, subject to terms and conditions.
5.30 Finished Floor above Grade
(1)
Subject to 5.30(2), where any habitable building is to be constructed within 30 metres of a public
street, the top of the foundation wall shall not be less than 0.5 metres above the crown of the
street.
(2)
Notwithstanding 5.30(1), where the elevation of the lot to be developed is significantly below the
adjacent roadway elevation and a building is to be constructed within 30 metres of a public street,
a lot-grading plan shall be prepared showing:
(a) existing and final ground elevations;
(b) floor and top of foundation wall elevations of any buildings and structures;
(c) all measures for the control and management of surface water;
(d) all vegetation to be preserved; and
(e) areas to be landscaped.
CPA - Section 108(a)
41
(3)
The lot-grading plan shall provide a means of directing surface drainage to an acceptable storm
sewer system or other acceptable dispersal point.
5.31 Residential Development near a Lagoon or Treatment Plant
(1)
Notwithstanding any other provision of this by-law, the minimum distance between a dwelling
and a sewage lagoon or treatment facility shall be in accordance with provincial guidelines and
regulations.
5.32 Lighting or Illumination Devices
(1)
No person within the residential zone shall erect any illuminated sign or illuminate an area outside
any building unless such illumination is directed away from adjoining properties and any adjacent
streets.
(2)
Where a property abuts a residential zone, outside illumination shall be directed away from such
residential zone. Glare guards, lower wattage lights, and other measures may be used to mitigate
impacts on adjacent properties.
5.33 Signs
(1)
The location, dimensions, standards of construction, and purposes of public advertisement in the
form of a sign is permitted only upon compliance with the requirements of this section.
(2)
a person may place, erect, or display a non-illuminated sign on any land, building, or structure if
the sign:
(a) advertises the sale, rental, or lease of the land, building, or structure and does not exceed
0.85 square metres in gross surface area;
(b) identifies by name the property or the residents of the property and does not exceed 0.45
square metres in gross surface area;
(c) indicates a home occupation and does not exceed 0.45 square metres in gross surface area;
(d) warns against trespass and does not exceed 0.45 square metres in gross surface area;
(e) is a private traffic directional sign not exceeding 0.25 square metres in gross surface area;
(f) identifies the architects, engineers, contractors, or other individuals or firms involved with
the construction of a building or structure, but such sign shall be removed from the site
within fourteen days after the beginning of the intended use of the building or structure;
(g) announces a candidate for public office in a municipal, provincial, or federal election, but
such sign shall be removed from the site within fourteen days after the election;
(h) any sign erected by, or under the direction of, a government body as are signs identifying
public buildings, giving public information or regulating traffic or safety; or
(i) identifies the name of a subdivision and does not exceed 3 square metres in gross surface
area.
(3)
All signs shall comply with the following:
(a) no sign may create a hazard to public safety or health;
CPA - Section 108(a)
42
(b) no sign may, for any reason, obstruct the vision of drivers leaving a roadway or driveway or
detract from the visibility or effectiveness of any traffic sign or control device on public
streets;
(c) no sign shall obstruct free ingress to or egress from a fire escape door, window, or other
required exit;
(d) no sign other than a traffic control sign erected by a government may use words such as
"STOP", "LOOK", "DANGER", "ONE WAY", "YIELD", or any similar words, phrases, symbols,
lights, or characters used in a manner which may mislead, confuse, or otherwise interfere
with traffic along a public road;
(e) no sign may incorporate a searchlight or strobe lights;
(f) no sign may be painted on a tree, stone, cliff or other natural object;
(g) any sign which no longer advertises a legitimate business conducted or a product sold shall
be deemed to be an obsolete sign and shall be removed by the owner or occupant of the
property upon which they are erected, within sixty (60) days of the date of discontinuance
of the business;
(h) no sign, except for a billboard sign or a directory sign, shall be erected on a property unless
the sign communicates a message related to the use conducted on the property or indicates
the nature or ownership of a business conducted on the property upon which that sign is
located; and
(i) no sign, except for a sandwich or portable sign, shall be placed or erected on a property
unless the sign is permanently set into the ground or permanently affixed to a building.
(4)
Freestanding signs are permitted in general commercial, industrial, and village centre zones
provided that no sign shall:
(a) exceed a maximum height of 5 metres;
(b) exceed a maximum size of 6 square metres in gross surface area for a single business
property and 9 square metres in gross surface area for a multiple- business property;
(c) exceed one sign for every 30 metres of lot frontage; or
(d) extend beyond the street right-of-way at the outermost point of the sign.
(5)
Projecting signs shall be permitted in all zones except residential zones, provided that no sign
shall:
(a) exceed a maximum size of 6 square metres in gross surface area;
(b) project more than 1 metre from the building wall;
(c) exceed a maximum of one sign per business on a property; or
(d) project more than 30 centimetres above the roof of a building.
CPA - Section 108(a)
43
(6)
Facia signs shall be permitted in all zones, provided that no sign shall:
(a) cover more than 1 square metre per linear metre of the wall upon which the sign is affixed,
with proportional allocations for each business in the case of multiple occupancy buildings;
(b) be painted on or cover a fence or roof;
(c) exceed 1 metre in height;
(d) exceed the length of the wall of the building on which the sign is displayed;
(e) project more than 25 centimetres from the wall on which the sign is located; or
(f) in residential and rural area zones, exceed 0.25 square metres in area or be illuminated or
used for any purpose other than to identify the residents therein, to warn against
trespassing, or to advertise a secondary use.
(7)
A sign may be illuminated by shielded lights positioned to shine directly onto the sign.
(8)
For the purpose of determining the total permitted area of any sign, the sign area shall be the
area of the smallest rectangle, triangle, or circle which can totally circumscribe the sign face in the
plane of its largest dimension.
5.34 Garden Suites
(1)
A garden suite shall be considered a secondary use, not a second main building.
(2)
Where permitted under this by-law, a garden suite shall:
(a) not exceed 6 metres in height;
(b) be located in the rear yard;
(c) be located on a lot occupied by a single detached dwelling as a main use;
(d) not exceed 75 square metres of gross floor area;
(e) be located on a lot fully serviced by municipal sanitary sewer and water systems or an on-
site sewage disposal system;
(f) provide one parking space in addition to the parking required for the main use of the lot;
(g) require driveway access to the street be common to both the principal dwelling and the
garden suite;
(h) not be rented for monetary purposes to a person who is not a member of the family residing
in the main dwelling unit
(i) be removed when no longer in use for the intended purpose; and
(j) shall require a compassionate grounds application with the Commission.
5.35 Secondary Dwelling Units
(1)
A secondary dwelling unit shall be considered a secondary use, not a second main building.
(2)
Where permitted under this by-law, a secondary dwelling unit shall:
(a) be contained in and have a shared entrance with the main dwelling unit;
(b) not result in more than two dwelling units contained in any converted single detached
dwelling;
CPA - Section 108(a)
44
(c) contain a maximum of two (2) bedrooms with the floor area of each bedroom not exceeding
20 square metres;
(d) be secondary to the main dwelling unit and not exceed 35% of the dwelling's gross floor
area;
(e) shall be located on a lot fully serviced by municipal sanitary sewer and water systems or an
on-site sewage disposal system;
(f) provide one parking space in addition to the parking required for the main use of the lot;
and
(g) require driveway access to the street be common to both the principal dwelling and the
secondary dwelling unit.
5.36
Keeping of Livestock
(1)
With the exception of the RA, PRI, and OS zones, neither land nor any portion of land may be used
for the keeping or breeding of livestock.
(2) The keeping of livestock is subject to the Livestock Operations Act and Regulation, if exempt from the
Act and Regulation, the keeping of livestock is subject to terms and conditions as may be imposed
by the Commission, except on lots where the following conditions are met:
(a) manure shall be stored under cover, on an impervious pad. Liquid manure shall be stored in a covered
tank. Manure storage shall not be located closer than 20 metres from any lot line or closer than
100 metres from any watercourse or well, other than that of the owner;
(b) fences and walls shall be maintained and kept in proper repair to keep all livestock on the property
where the livestock facility and/or grazing field is located;
(c) a livestock facility must be located a minimum of 30 metres from any street line and 20 metres from
any other lot line;
(d)
Animal Units
Minimum Lot Size
Separation*
1
4,000 square metres
90 metres
2 to 3
8,000 square metres
90 metres
4 to 6
12,000 square metres
90 metres
7 to 10
16,000 square metres
90 metres
11+
20,000 square metres
300 metres
*Separation distances are measured between the livestock facility and a pre-existing dwelling or well,
other than a dwelling or well located on the same lot as the livestock facility.
5.37
Wellfield Protected Areas
(1)
No activity shall occur in a designated wellfield that is not permitted by the Wellfield Protected
Area Designation Order - Clean Water Act.
CPA - Section 108(a)
45
SECTION 6: ZONES
6.1
Residential - R Zone
6.1.1
R Zone Permitted Uses
(1)
No development shall be permitted, nor shall any land, building, or structure be used on a lot
within the R Zone for any purpose other than:
(a) one of the following main uses:
(i) a single unit dwelling;
(ii) a two-unit dwelling;
(iii) a semi-detached dwelling;
(iv) a multiple-unit dwelling to a maximum of four (4) units; and
(v) a park;
(b) the following main uses subject to terms and conditions as may be imposed by the
Commission:
(i) a mini-home park on a serviced lot only; and
(ii) a multiple-unit dwelling to a maximum of six (6) units;
(c) the following secondary uses in conjunction with a single unit dwelling:
(i) a home occupation, subject to section 5.25;
(ii) an early learning and childcare home, subject to section 5.24;
(iii) a garden suite, subject to sections 5.34; and
(iv) a secondary dwelling unit, subject to section 5.35; and
(d) any accessory building, structure, or use, incidental to the permitted main use of the land,
building, or structure, subject to section 5.6.
6.1.2 R Zone Lot Requirements
(1)
Within the R Zone, no development shall be permitted, and no main building or structure may be
used on a lot unless the following standards are met:
CPA - Section 108(a)
46
R Zone Requirements
Lot serviced by
both water and
sewer system
for public use
Single Unit or
Mini-Home
Dwelling
Two Unit or
Semi-Detached
Dwelling
Three Unit
Dwelling
Multiple Unit
Dwelling
Minimum Lot
Area
560 square
metres
818 square
metres
1,090 square
metres
1,272 square
metres
Minimum Lot
Frontage
18 metres
23 metres
27 metres
36 metres
Minimum Lot
Depth
30 metres
Maximum Lot
Coverage
50%
Maximum
Building Height
11 metres
Lot serviced by
a sewer system,
but not a water
system
Single Unit or
Mini-Home
Dwelling
Two Unit or
Semi-Detached
Dwelling
Three Unit
Dwelling
Multiple Unit
Dwelling
Minimum Lot
Area
672 square
metres
1,022 square
metres
1,363 square
metres
1,545 square
metres, plus 102
square metres for
each dwelling
unit in excess of
four
Minimum Lot
Frontage
23 metres
27 metres
32 metres
36 metres
Minimum Lot
Depth
30 metres
Maximum Lot
Coverage
50%
Maximum
Building Height
11 metres
Unserviced Lot
Single Unit or
Mini-Home
Dwelling
Two Unit or
Semi-Detached
Dwelling
Three Unit
Dwelling
Multiple Unit
Dwelling
Minimum Lot
Area
4,000 square metres
Minimum Lot
Frontage
54 metres
Minimum Lot
Depth
38 metres
Maximum Lot
Coverage
50%
Maximum
Building Height
11 metres
CPA - Section 108(a)
47
6.2
Village Centre - VC Zone
6.2.1
VC Zone Permitted Uses
(1)
No development shall be permitted, nor shall any land, building, or structure be used on a lot
within the VC Zone for any purpose other than:
(a) the following main commercial uses:
(i)
special care home;
(ii)
a full-time early learning and childcare centre, subject to section 5.24;
(iii)
a part-time early learning and childcare centre, subject to section 5.24;
(iv)
a boarding or rooming house, subject to section 5.26;
(v)
a conservation use;
(vi)
a museum;
(vii)
a clinic;
(viii)
an institutional use;
(ix)
an assembly hall;
(x)
an artisan shop;
(xi)
a retail commercial establishment up to 233 square metres in floor area;
(xii)
an office;
(xiii)
a funeral home;
(xiv)
a personal service shop;
(xv)
a service shop;
(xvi)
a veterinary clinic;
(xvii) a laundromat;
(xviii) a railway use;
(xix)
a park;
(xx)
a health and wellness centre;
(xxi)
a residential care facility; and
(xxii) a recycling depot, subject to section 5.28;
(b) the following main residential uses:
(i)
a single unit dwelling;
(ii)
a two unit dwelling;
(iii)
a semi-detached dwelling; and
(iv)
a multiple unit dwelling of up to four (4) units;
(c) the following main uses, subject to terms and conditions that may be set out by the
Commission:
(i)
a group home;
(ii)
a hotel or motel;
(iii)
a tourist establishment;
(iv)
an eating establishment;
(v)
an entertainment use;
(vi)
an automobile service station;
(vii)
a retail commercial establishment over 233 square metres; and
CPA - Section 108(a)
48
(viii)
a multiple unit dwelling of five (5) units or more;
(d) the following secondary uses in conjunction with a single unit dwelling:
(i)
a garden suite, subject to section 5.34;
(ii)
a secondary dwelling unit, subject to section 5.35;
(iii)
a home occupation, subject to 5.25; and
(iv)
an early learning and childcare home, subject to section 5.24; and
(e) any accessory building, structure, or use incidental to the main use of the land, building, or
structure, if such main use is permitted in this section, subject to section 5.6.
6.2.2
VC Zone Requirements
(1)
Subject to any provincial health requirements that may require larger lot dimensions, no main
building or structure may be placed, erected, or altered on a lot, unless the lot is serviced by a
sewer system for public use and complies with the following:
VC Zone Requirements
Serviced Lot
Components
Single Unit
Dwelling
Two Unit
Dwelling
Three Unit
Dwelling
Multiple Unit
Dwelling
All Other Uses
in the VC Zone
Minimum Lot Size
560 square
metres
818 square
metres
1,090
square
metres
1,272 square
metres and an
additional 70
square metres
for each
dwelling unit in
excess of 3
540 square
metres
Minimum Lot
Frontage
18 metres
23 metres
27 metres
36 metres
36 metres
Minimum Lot
Depth
30 metres
Minimum
Separation
Between Buildings
3 metres
Maximum Building
Height
9 metres
CPA - Section 108(a)
49
6.3
General Commercial - C Zone
6.3.1 C Zone Permitted Uses
(1)
No development shall be permitted, nor shall any land, building, or structure be used on a lot
within a C Zone for any purpose other than:
(a) one or more of the following main uses:
(i)
a single unit dwelling;
(ii)
a two-unit dwelling;
(iii)
a semi-detached dwelling;
(iv)
a multiple unit dwelling to a maximum of four (4) units;
(v)
an office;
(vi)
a retail commercial establishment;
(vii)
a restaurant, including a drive thru or take out;
(viii)
a personal service shop;
(ix)
an institutional use;
(x)
a hotel or motel;
(xi)
a farmer's market;
(xii)
an entertainment use, wholly enclosed within a building;
(xiii)
an assembly hall;
(xiv)
a printing establishment;
(xv)
a food processing operation;
(xvi)
a laundromat;
(xvii) an automobile sales or rental establishment; and
(xviii) a special care home;
(b) the following secondary uses:
(i)
a residential use to a maximum of three (3) dwelling units; and
(c) any accessory building, structure, or use, incidental to any permitted main use of the land,
building, or structure, subject to section 5.6.
6.3.2
C Zone Requirements
(1)
No development shall be permitted, and no main building or structure may be located on a lot
unless the lot is serviced by a sewer system for public use and complies with the following:
C Zone Lot Requirements
Serviced Lots
Minimum Lot Area
700 square metres
Minimum Lot Frontage
23 metres
Minimum Lot Depth
30 metres
Maximum Lot Coverage
50%
Maximum Building Height
11 metres
CPA - Section 108(a)
50
6.3.3
C Zone Other Requirements
(1)
Except for a single unit, two-unit, or semi-detached dwelling, no main building or structure may
be placed, erected, or altered and no building shall be altered to become a main building on a lot
except in conformity with the following:
(a) no portion of any parking area shall be located within 2 metres of any street line;
(b) no parking space shall be located closer than 3 metres from a lot line of any property
occupied by a single unit or two unit dwelling, except where a fence or other physical barrier
is provided, in which case no parking spaces shall be located within 1 metre of the adjoining
property;
(c) a permitted residential use shall not occur on the same lot as a permitted commercial use
unless access is:
(i)
from inside the building at ground floor level when the dwelling unit is above the
ground floor; and
(ii)
separate from the main access to the main use.
(2)
Except for a single unit, two-unit, or semi-detached dwelling, no portion of any lot in a C Zone
shall be used for the collection or storage of refuse, unless the refuse is stored in a refuse
container, and the refuse container is screened by an opaque fence or similar structure.
CPA - Section 108(a)
51
6.4
Industrial - I Zone
6.4.1 I Zone Permitted Uses
(1)
No development shall be permitted, nor shall any land, building, or structure be used on a lot
within an I Zone for any purpose other than:
(a) one or more of the following main uses:
(i)
an automobile sales or rental establishment;
(ii)
an automobile repair establishment;
(iii)
an automobile service station, subject to terms and conditions as may be set out
by the Commission;
(iv)
an industrial use;
(v)
a recycling depot;
(vi)
a resource extraction, subject to terms and conditions as may be required by the
commission;
(vii)
a salvage yard, subject to section 5.28;
(viii)
a warehouse;
(ix)
a cannabis production facility, subject to terms and conditions as may be set out
by the Commission;
(x)
a contractor's yard; and
(xi)
an outdoor display court; and
(b) any accessory building, structure, or use, incidental t0o any permitted main use of the land,
building, or structure, subject to sub-section 5.6.
6.4.2 I Zone Requirements
(1)
Within any I Zone, no development shall be permitted, and no main building or structure may be
located on a lot unless it conforms with the following:
I Zone Lot Requirements
Serviced Lots
Unserviced Lots
Minimum Lot Area 1,000 square metres 4,000 square
metres (1 acre)
Minimum Lot
Frontage
30 metres
70 metres
Maximum Lot
Coverage
50% of the lot area
50% of the lot area
Maximum Building
Height
15 metres
15 metres
CPA - Section 108(a)
52
6.4.3
I Zone Other Requirements
(1)
No main building or structure may be placed, erected, or altered, and no building shall be altered
to become a main building on a lot except in conformity with the following:
(a) no portion of any parking area shall be located within 2 metres of any street line;
(b) no parking space shall be located closer than 3 metres from a lot line of any property
occupied by a single unit or two unit dwelling, except where a fence or other physical barrier
is provided, in which case no parking spaces shall be located within 1 metre of the adjoining
property; and
(c) where a lot located within an I Zone abuts a residential, institutional, or parkland use or
zone, the minimum side yard within the I Zone from the abutting lot line shall be 5 metres.
6.4.4
Storage and Screening of Refuse Containers
(1)
No portion of any lot in an I Zone shall be used for the collection or storage of refuse unless the
refuse is stored in a refuse container, and the refuse container is screened by an opaque fence or
similar structure.
CPA - Section 108(a)
53
6.5
Park, Recreational, Institutional - PRI Zone
6.5.1
PRI Zone Permitted Uses
(1)
No development shall be permitted, nor shall any land, building, or structure be used on a lot
within a PRI Zone for any purpose other than:
(a) one or more of the following main uses:
(i)
a community recreation centre;
(ii)
a commercial recreation facility;
(iii) a park;
(iv) a recreation use;
(v)
a full-time early learning and childcare centre, subject to section 5.24;
(vi) a part-time early learning and childcare centre, subject to section 5.24;
(vii) a health and wellness centre;
(viii) a membership organization;
(ix) an institutional use;
(x)
a funeral home;
(xi) an agricultural use that does not include permanent buildings or structures, subject
to sections 5.36 and 5.37; and
(xii) a private recreational or tourism use that does not include permanent buildings or
structures, subject to terms and conditions as may be imposed by the commission;
and
(b) any accessory building, structure, or use incidental to the permitted main use of the land,
building, or structure, subject to subsection 5.6.
6.5.2
PRI Zone Requirements
(1)
Within any PRI Zone, no main building or structure may be placed, erected, or altered, and no
building shall be altered to become a main building on a lot unless it complies with the following:
PRI Zone Lot Requirements
Serviced Lots
Unserviced Lots
Minimum Lot Area
675 square metres
4,000 square metres
Minimum Lot
Frontage
23 metres
54 metres
Maximum Lot
Coverage
50%
50%
Maximum Building
Height
11 metres
11 metres
CPA - Section 108(a)
54
6.6
Rural Area - RA Zone
6.6.1
RA Zone Permitted Uses
(1)
No development shall be permitted, nor shall any land, building, or structure be used on a lot
within an RA Zone for any purpose other than:
(a) one or more of the following main uses:
(i)
a single unit dwelling;
(ii)
a two-unit dwelling;
(iii) a semi-detached dwelling;
(iv) an agricultural use, subject to sections 5.36 and 5.37; and
(v)
a forestry use, subject to applicable Provincial and Federal regulations.
(b) one of the following secondary uses in conjunction with any permitted main use:
(i)
a home occupation, subject to section 5.25; and
(ii)
a boarding or rooming house, subject to section 5.26; and
(iii) an early learning and childcare home, subject to section 5.24; and
(c) any accessory building, structure, or use, incidental to the permitted main use of the land,
building, or structure, subject to section 5.6.
6.6.2
RA Zone Requirements
(1)
Within any RA Zone, no development shall be permitted, and no main building or structure may
be used on a lot unless it complies with the following:
RA Zone Lot Requirements
Serviced Lots
Unserviced Lots
Minimum Lot Area
675 square metres
4,000 square metres
Minimum Lot
Frontage
22.5 metres
54 metres
Maximum Lot
Coverage
50%
50%
Maximum Building
Height
11 metres
11 metres
CPA - Section 108(a)
55
6.7
Open Space - OS Zone
6.7.1
OS Zone Permitted Uses
(1)
No development shall be permitted, nor shall any land be used on a lot, within an OS zone for any
purpose other than:
(a) one or more of the following main uses:
(i)
a park;
(ii)
a conservation use;
(iii) a passive recreational use;
(iv) an agricultural use that does not include permanent buildings or structures, subject
to sections 5.36 and 5.37;
(v)
a trail;
(vi) a public work associated with flood control or sewage treatment or other similar
use;
(vii) a boat launch; and
(viii) an aquaculture use; and
(b) any accessory building, structure, or use, incidental to the permitted main use of the land,
building, or structure, subject to section 5.6.
6.7.2 OS Zone Requirements
(1)
No habitable buildings or developments shall be permitted in any OS Zone.
CPA - Section 108(a)