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F U N DY S H O R E S RU R A L P L A N
By-law No. C-2-2024
A Rural Plan By-law for the Rural
Community of Fundy Shores
PHOTO CREDITS:
Parks NB, page: 2
Alex Henderson: 23, 36-37, 61
Vern Faulkner, page: 8-9, 15, 27, 29, 47
Clipper Ship Beach Motel, page: 25
Michael E. Arth, page: 63
This rural plan outlines the Rural Community of
Fundy Shore's long-term priorities and establishes
clear policies to guide the Council's decision-making
within the realms of responsible land use, services, and
development, to support a sustainable and prosperous
future. The process of creating the rural plan involved
the Council generating feedback from residents and
stakeholders during 2023-2024. With that feedback,
the rural plan was created to ensure the plan sets the
best direction for the whole community of Fundy
Shores. The rural plan is intended to support strong
and representative decision-making on development
throughout Fundy Shores.
The local government territory is geographically
divided into zones according to policies of the Rural Plan.
These are the zones that divide the Rural Community
into distinct development areas. These zones prioritize
different types of developments: industrial, rural
settlement, or rural resource development. There
is also a conservation zone that prioritizes minimal
development and is intended to protect groundwater
recharge areas, environmentally sensitive areas, and
mitigate/adapt to climate change risks. In addition to
the above mentioned zones, there are also overlay zones,
which are intended to address specific rural plan policies
for unique geographical locations within Fundy Shores.
For example, there is an overlay zone for the 'New
River Beach & Coastline' special policy area, which is
intended to help preserve important coastal zones
along the ocean coastline for all areas of Fundy Shores.
Another example is the overlay zone, that exists for the
Musquash estuary and marsh to reflect its unique status
as a federal marine protected area.
With the implementation of Local Government
Reform in the Province of New Brunswick in 2022 came
the establishment and new boundary alignments for
local government units throughout the province. The
Rural Community of Fundy Shores is one new local
government that was established under that legislation.
Fundy Shores is comprised of the former Local Service
District of Musquash and a large portion of the former
Local Service District of Lepreau.
PURPOSE OF THE RURAL PLAN
Fundy Shores - 2024 Quick Stats:
Population ~ 2100
Dwellings ~ 1000
Total Land Mass ~ 370 km2
FUNDY SHORES
RURAL PLAN
3
Vision
The first elected Council of the Rural Community
of Fundy Shores developed a vision and mission
statement for the local government in consultation
with the citizens of the newly incorporated Rural
Community of Fundy Shores. While these goals and
statements do not form part of the rural plan by-law,
the strategic directions that were identified during this
community visioning process helped Council in guiding
the creation of the rural plan.
"Rural living at its best."
The community of Fundy Shores is located on
the Bay of Fundy coast in southwest New Brunswick.
With one of the lowest tax rates in New Brunswick
,there are boundless opportunities for businesses and
families. The current economy includes a strong fishery,
aquaculture, numerous small businesses, tourism, and
the Point Lepreau Nuclear Generating Station. Fundy
Shores prides itself on being an affordable community
where people look out for each other and where you can
get to know your neighbours.
Mission
"Build relationships to enhance our rural
community and meet the changing needs
of our residents through responsible and
transparent government services."
The infographic to the right shows the interrelated
components of Council's mission statement and the
specific Rural Community Goals that emerged out of
community engagement during this visioning process.
COUNCIL'S VISION & MISSION:
FUNDY SHORES
RURAL PLAN
4
COMMUNITY & ECONOMIC EMPOWERMENT
What does it mean to us?
a. Refers to the process of improving the well-being of individuals and groups within Fundy Shores through
efforts that enhance both the community's social and economic conditions.
b. Strives for a holistic approach, ensuring that economic growth benefits all members of the community,
while social and environmental factors are also considered to ensure long-term prosperity and resilience.
Key Considerations:
-
Digital infrastructure
-
Workforce development
-
Job creation and retention
-
Labour force participation
-
Business environment development and growth
-
Investment attraction and retention
-
Regional & global competitiveness
-
Governance capacity
-
Community participation & empowerment
-
Social equity and inclusion
-
Affordable and attainable housing
-
Health & well-being
RECREATION & DESTINATION DEVELOPMENT
What does it mean to us?
a. Creating and enhancing spaces, facilities, and experiences that promote leisure activities and attract visitors
to a specific location. Combining elements of planning, infrastructure, and community engagement to
build a destination that provides both recreational opportunities for locals and draws tourists, contributing
to the area's social and economic vitality.
b. Ensures that Fundy Shores is both a vibrant, enjoyable place for residents and an appealing destination
for visitors.
Key Considerations:
-
Planning for parks and green spaces
-
Sports and leisure facilities
-
Cultural and artisan spaces
-
Outdoor adventure opportunities
-
Promotion of tourism attractions & accommodations
-
Enhanced branding and marketing
-
Social equity and inclusion
-
Cultural and social amenities
SAFE COMMUNITY & EMERGENCY PREPAREDNESS
What does it mean to us?
a. Collective efforts aimed at creating a secure environment where residents can live without fear of harm,
while being prepared to respond effectively to emergencies and disasters.
b. This concept emphasizes proactive planning, education, and response systems to ensure the safety and
resilience of a community in both everyday situations and crisis scenarios and ensuring quick recovery.
Key Considerations:
-
Crime prevention
-
Public health and safety
-
Safe infrastructure
-
Social cohesion
-
Continual risk assessment
-
Planning and training
-
Disaster preparedness and resiliency
-
Social equity and inclusion
FUNDY SHORES
RURAL PLAN
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Rural Plan
Sections
BY-LAW TITLE & SCOPE
7
POLICIES & PROPOSALS
8-35
DEFINITIONS
38-47
ADMINISTRATIVE CLAUSES
48-51
GENERAL PROVISIONS
52-60
RURAL SETTLEMENT ZONE
64-65
INDUSTRIAL ZONE
66-67
CONSERVATION ZONE
68-69
RURAL RESOURCE ZONE
70-71
ZONING MAP
72-73
BY-LAW TABLE OF CONTENTS
Under section 44(2.3) of the Community Planning Act
(the "Act"), I certify that the following content meets the
requirements of the Act.
Alex Henderson, RPP (NB), MCIP Planning Director
Co-author: Alexander Gopen, RPP (NB), MCIP
Southwest New Brunswick Service Commission
FUNDY SHORES
RURAL PLAN
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0.1 By-law Title & Scope
The Council of the Rural Community of Fundy Shores, under the authority vested in it
under the Community Planning Act makes the following Rural Plan By-law (herein called
the "By-law" or "Rural Plan").
1. By-law No. C-2-2024, the Rural Community of Fundy Shores Rural Plan By-law, is
hereby adopted.
2. This By-law may be cited as "Rural Plan for Fundy Shores."
3. This By-law applies to the Rural Community of Fundy Shores local government
boundaries as outlined in Subsection 68 of Regulation 2022-50 under the Local
Governance Act.
4. This Rural Plan By-law:
i.
divides the Rural Community into zones as shown on a zoning map;
ii. prescribes powers reserved in the Regional Service Commission;
iii. regulates how land, buildings and structures in any zone may be used;
iv. sets standards that land use, and the placement, erection, alteration and use of
building and structures must conform to; and,
v. prohibits the use, placement, erection or alteration of land, buildings or structures
other than in conformity with the purposes and standards mentioned in clauses
(i)-(iv).
5. For the purposes of this By-law, the Rural Community is divided into zones as shown
on the Rural Community of Fundy Shores Zoning Map attached as 'Schedule A.'
6. Regulation 11-LEM-035-00, the Lepreau Musquash Planning Area Rural Plan Regulation
- Community Planning Act, enacted on June 7, 2011, and all amendments thereto, is
hereby repealed.
READ FIRST TIME:
READ SECOND TIME:
READ THIRD TIME AND ENACTED:
Mayor, George (Denny) Cogswell
Clerk, Linda Sullivan Brown
RURAL PLAN BY-LAW
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RURAL PLAN
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1 . 0 P O L I C I E S & P R O P O S A L S
SETTLEMENT AREAS
1. Settlement Areas are community nodes with a higher density of
development and mixture of uses, typically located around wharves
or key transportation corridors. Council shall map the boundaries of
these areas (MAP 1) and use Zoning Provisions to ensure compatibility
of development, encourage traditional maritime building design for
significant non-residential development, and where feasible, direct
most commercial or institutional developments to these areas to ensure
efficient land use patterns.
EFFICIENT USE OF ROAD NETWORK
2. Council shall use the Zoning Provisions to promote efficient settlement
patterns in Fundy Shores and generally direct non-resource related land
uses to develop within one hundred and forty (140) meters of existing,
actively maintained public roads. The objective is to promote energy
conservation and to reduce the costs of growth on the public.
3. Where a major development is proposed that requires creating a new
public road further than one hundred and forty (140) meters from
another existing, actively maintained public road, Council may adopt a
secondary rural plan or development scheme by-law to efficiently layout
the road network and plan the services for that development.
DRINKING WATER SUPPLIES
4. Council shall map locations (MAP 2) that require special attention
to ensure that the density of development does not exceed more than
one (1) main dwelling unit per acre, subject to section 3.4 and except
where public sewer services are utilized, and that Zoning provisions are
applied in these locations to ensure that any new development does not
compromise drinking water supplies.
1.1.1 Policies
1.1 General Land Use
RURAL PLAN
POLICIES & PROPOSALS
FUNDY SHORES
RURAL PLAN
10
MAP 1.
FUNDY SHORES
RURAL PLAN
11
REZONING
4. Council may consider proposals to rezone land to another zone or the
integrated development (ID) zone, where the applicant demonstrates
how their development will meet the intent of the policies and proposals
of the rural plan and how it will reasonably limit potentially negative
impacts on adjacent land uses. In approving a rezoning application, the
Council may enter into a development agreement or establish reasonable
terms and conditions that are binding on the development. A rezoning
application shall address, and Council shall have specific regard for, the
following matters:
a.
the design of the proposed buildings, accesses, landscaping, trails,
and the site layout;
b. the viability of nearby industrial, fishing, mineral resources, or
agricultural operations that could be impacted by the proposed new
development;
c.
noise-mitigation, night-sky-friendly lighting, pollution controls,
visual screening of storage or loading areas, setbacks, and buffering to
limit any land use conflicts related to the new development proposal;
d. environmental protection, landscaping and drainage plans that
incorporate and preserve important natural features, such as
wetlands, watercourses, riparian areas, sensitive coastal areas, and old
growth forest; and,
e.
the capacity of local government services or the capacity of
groundwater supplies to accommodate the servicing needs of the
proposed development.
SPECIAL POLICY AREAS
6. Council shall map locations (MAP 3) that have particular significance to
the community, and shall apply specific proposals to those areas to ensure
future development complements and supports these significant assets.
1.1.1 Policies
1.1 General Land Use
RURAL PLAN
POLICIES & PROPOSALS
FUNDY SHORES
RURAL PLAN
12
MAP 2.
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13
ZONES
1. Council proposes to establish the following zones through the Zoning
Provisions:
a.
"C" Conservation Zone, a zone for very low population density with
minimal development, passive recreation, and other minimal impact
land uses, to protect water sources, riparian areas, and important
natural areas.
b. "R" Rural Resource Zone, a zone for low population density with
agriculture, forestry, resource development, recreation, utility, and
secondary residential land uses.
d. "S" Rural Settlement Zone, a zone for higher, but still rural,
population density with residential, commercial, institutional, and
small-scale agricultural/water-dependent fishery uses permitted by
right.
e.
"I" Industrial Zone, a zone for generally low population density
with industrial, intensive agriculture, utility, forestry, and water-
dependent fishery uses.
f.
"ID" Integrated Development Zone, a zone that is not pre-zoned
on the zoning map ('Schedule A' page 70) but may be applied by
Council to permit a specific development proposal that meets the
overall intent of the rural plan but does not fit within any of the
other above mentioned zones.
PLANNED DEVELOPMENTS
2. Council may adopt a Secondary Rural Plan By-law or Development
Scheme By-law to carry-out a plannned development of particular lands
in conformity with policies and proposals of the Rural Plan.
OVERLAY ZONES
3. Council establishes all areas mapped in Section 1.0 of this Rural Plan,
including 'Settlement Areas,' 'Subdivision Control Areas,' 'Special
Policy Areas,' 'Projected Sea Level Rise,' 'Conservation Priority Area,'
'Expressway/Highway,' 'Collector,' 'Agriculture Priority Area,' and
'Recreation Corridor,' as overlay zones to accomplish area-specific goals
that are consistent with the policies of the Rural Plan.
1.1.2 Proposals
1.1 General Land Use
RURAL PLAN
POLICIES & PROPOSALS
FUNDY SHORES
RURAL PLAN
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SPECIAL POLICY AREA - NEW RIVER BEACH
1. Council proposes to work with relevant Provincial Departments to create
a strategic plan to support and develop compatible tourism, commercial,
and recreation uses around New River Beach.
SPECIAL POLICY AREA - COASTAL
2. Council proposes to regulate development that may negatively impact
the existing public recreational uses and ocean vistas within 100 m of the
coastline by limiting the height of development around the Bay of Fundy
to 9.5 m or less, except according to section 3.4 of this By-law.
3. Council proposes to adapt components of the Coastal Areas Protection
Policy in the zoning provisions to protect coastal features and to ensure
coastal zones in Fundy Shores remain resilient to climate change.
4. Council proposes that the Advisory Committee consider green shore
protection when establishing terms and conditions for shore protection
works to limit erosion on other properties in the special policy area.
SPECIAL POLICY AREA - POINT LEPREAU
5. Council proposes to work with relevant Federal and Provincial
departments, as well as NB Power, to encourage the sustainable planning
and development of utility or industrial uses in the special policy area.
SPECIAL POLICY AREA - RESIDENTIAL GROWTH
6. Council proposes to work with the Musquash Sewerage Commission
and NB Department of Environment and Local Government to create
an asset-management plan for the public sewer system and explore a local
improvement by-law.
7. Council proposes to work with the Musquash Sewerage Commission
and NB Department of Justice and Public Safety to ensure that any new
development in the Growth Area producing sewage is connected to
public sewer services, where available.
8. Council proposes to use Zoning Provisions to promote residential
development in areas of land where public sewer capacity exists or where
it is planned to become available.
SPECIAL POLICY AREA - MUSQUASH ESTUARY
9. Council proposes to support the Musquash Marine Protected Area by
using Zoning Provisions to prohibit uses that could lead to pollution or
impact the natural aesthetics of the area by applying conservation zoning.
10. Council proposes to limit recreational uses in the Estuary to those that
comply with the Musquash Estuary Marine Protected Area Regulations
adopted by the Federal government.
1.1.2 Proposals
1.1 General Land Use
RURAL PLAN
POLICIES & PROPOSALS
FUNDY SHORES
RURAL PLAN
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MAP 3.
FUNDY SHORES
RURAL PLAN
17
CLIMATE CHANGE
1. Council shall implement strategies to protect development from extreme
weather events and reduce pollution by promoting sustainable community
design and promoting energy conscious, low-impact developments;
2. Council shall use zoning regulations to ensure lots developed in Projected
Sea Level Rise Areas (MAP 4) are adapted to future risks.
CONSERVATION PRIORITY AREAS
3. Council shall map priority areas for conservation (MAP 5) that may refer
to Provincial and Federal conservation lands, land owned by conservancy
groups, coastlines, sensitive wetlands and watersheds, and other
environmentally significant features on the land. Zoning Provisions in
the Conservation Priority Areas shall ensure that the development rights
of private properties are maintained subject to reasonable limitations, and
that water-dependent fishery or resource uses can continue to develop
marine access structures, such as piers or wharves, on the coastline inside
designated Settlement Areas.
1.2.1 Policies
1.2 Environment & Climate
Change
RURAL PLAN
POLICIES & PROPOSALS
FUNDY SHORES
RURAL PLAN
18
MAP 4.
FUNDY SHORES
RURAL PLAN
19
CLIMATE CHANGE
1. Council proposes to educate residents and encourage building retrofit
and renovation projects that increase energy efficiency by working with
external agencies, such as NB Power, and by applying a development
incentive policy, where feasible.
2. Council proposes to work with the relevant Provincial and Federal
ministries and departments to protect key infrastructure from climate
change, as identified on MAP 4 as 'Infrastructure at Risk.'
1.2.2 Proposals
1.2 Environment & Climate
Change
RURAL PLAN
POLICIES & PROPOSALS
FUNDY SHORES
RURAL PLAN
20
MAP 5.
FUNDY SHORES
RURAL PLAN
21
1. Council shall encourage sustainable population growth by permitting
small scale, multi-unit housing and accessory dwelling units in the Rural
Settlement zone subject to Zoning Provisions and plumbing permits
issued by the Department of Justice and Public Safety.
2. Council shall use the Zoning Provisions to promote energy-efficient,
infill residential subdivisions along existing, actively maintained public
roads in Settlement Areas.
3. Council shall work together with other governmental and non-
governmental partners to support the provision of safe, attainable,
affordable, and dignified housing to meet the needs of all residents.
4. Council shall require that new subdivisions provide access points
to watercourses and shorelines, and connect recreational trails for
motorized or active transportation, in any subdivision requiring land for
public purposes.
1. It is proposed that Council identify, acquire, and make available
appropriately located lands for attainable, affordable and workforce
housing development.
2. It is proposed that when residential lots are developed along a public
road sufficient access must be left to any lands with potential for future
agricultural or resource development that may be further set back from
the public road.
3. It is proposed that larger residential subdivisions or developments,
consisting of four or more lots or dwellings and that do not have frontage
along an existing actively maintained public road follow the principles
of "Residential Cluster Development" as defined in this Rural Plan.
Permanent open spaces or conservation areas may be placed under a
conservation easement. Conservation areas should be bordering other
conservation areas, where possible.
1.3.1 Policies
1.3 Housing & Residential
Development
RURAL PLAN
POLICIES & PROPOSALS
1.3.2 Proposals
FUNDY SHORES
RURAL PLAN
22
FUNDY SHORES
RURAL PLAN
23
1. Council shall implement development incentive programs that both
have a return on investment through increased assessment values and
achieve the policies and objectives of the Rural Plan.
2. Council shall encourage the development of diverse, year-round
commercial, food, and tourism services, with a special emphasis on
increasing new businesses in the Settlement Areas. Council may permit
these uses throughout Fundy Shores either as main or secondary uses of
land, in a size and scale that is compatible with its context, or as home-
based businesses in the form of accessory commercial units.
1.4.1 Policies
1.4 Economy & Commercial
Development
RURAL PLAN
POLICIES & PROPOSALS
FUNDY SHORES
RURAL PLAN
24
FUNDY SHORES
RURAL PLAN
25
EMERGENCY SERVICES
1. Council shall regularly review the needs of their emergency services
including the Fire Department with respect to services, equipment and
training, and develop a schedule for acquiring or upgrading equipment,
and training personnel where necessary.
2. Council shall support programs to educate residents on Emergency
Measures Organization planning, especially as it relates to Point Lepreau.
HEALTH-CARE FACILITIES
3. Council shall advocate with other government and non-governmental
partners to ensure that appropriate medical services and facilities are
available and located in Settlement Areas, where feasible.
EDUCATION & CHILDCARE FACILITIES
4. Council shall advocate with other government partners to ensure that
appropriate educational, childcare and daycare facilities or services are
available and located in Settlement Areas, where feasible.
CEMETERIES
5. Council shall support the provision of safe and dignified after-life services,
such as cemeteries, by permitting it as an institutional use of land.
CORRECTIONAL FACILITIES
6. Council may permit the development of correctional facilities in an
Integrated Development Zone, subject to a specific rezoning proposal
adopted by Council pursuant to Section 58 and 59 of the Community
Planning Act.
1.5.1 Policies
1.5 Government Services &
Institutional Development
RURAL PLAN
POLICIES & PROPOSALS
FUNDY SHORES
RURAL PLAN
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FUNDY SHORES
RURAL PLAN
27
GENERAL
1. Council shall encourage development standards for industrial uses
that mitigate impacts on adjacent land uses, natural features, and the
community.
2. Council shall advocate for sustainable and climate-resilient industrial
operations, and collaborate with industrial partners to act on opportunities
to reduce Greenhouse Gas (GHG) emissions from the industrial sector
using industry-approved, sustainable operation standards, such as the
ISO standards.
WATER-DEPENDENT FISHERY USES
3. Council shall use Zoning Provisions to ensure that compatible water-
dependent fishery uses may be developed within Settlement Areas
by applying standards for buffering, with fences and vegetation from
other uses to reduce the impacts of outdoor machinery/equipment and
loading areas, and by applying standards for traditional design for water-
dependent fishery uses by requiring traditional building materials on the
exterior cladding and sloped roofs.
FUTURE INDUSTRIAL LANDS
4. Council may consider the development of industrial parks north of the
interchanges on Route 1 in Prince of Wales and Lepreau, or in other
locations as determined by Council, subject to a secondary rural plan or
development scheme by-law to efficiently plan out roads and industrial
park infrastructure.
1.6.1 Policies
1.6 Industrial Development
RURAL PLAN
POLICIES & PROPOSALS
FUNDY SHORES
RURAL PLAN
28
FUNDY SHORES
RURAL PLAN
29
1. Council shall encourage the Department of Transportation and
Infrastructure to apply the principle of complete streets when approving
the construction or reconstruction of all local roads and collectors in the
Rural Community so that pedestrians, especially children and seniors,
may safely walk along the right of way, and ensure that grade-separated
muti-use pathways, or paved widened shoulders, are included along the
mapped Recreation Corridor (MAP 8).
2. Except in the cases of agriculture or resource developments, Council
shall discourage the creation of long cul-de-sacs and dead-ends but may
consider new public roads with the aim of achieving an interconnecting
grid-like network to improve travel circulation and emergency egress.
1. Notwithstanding anything contained in the Zoning Provisions, Council
proposes to adopt the setback requirements of the Provincial Setback
Regulation - Community Planning Act, within 15 meters of the
boundary of any 'Expressway/Highways' and 'Collectors,' as defined by
the Department of Transportation and Infrastructure, and as shown on
MAP 6.
1.7.1 Policies
1.7 Transportation &
Infrastructure
RURAL PLAN
POLICIES & PROPOSALS
1.7.2 Proposals
FUNDY SHORES
RURAL PLAN
30
MAP 6.
FUNDY SHORES
RURAL PLAN
31
1. Council shall prioritize building up local food security and access to fresh
food by encouraging production of local food and innovative, sustainable,
and environmentally conscious agricultural practices.
2. Council shall provide development standards in the Zoning Provisions
for agricultural and resource uses to help mitigate potential impacts on
adjacent land uses and the environment.
3. Council shall protect the future viability of agricultural production in
Agricultural Priority Areas by applying zoning provisions that limit the
subdivisions of land in prime soil areas and where cleared fields exist
(MAP 7) and supporting agricultural uses in these areas.
4. Council shall use the Zoning map to identify and protect viable natural
resource areas and apply Zoning provisions to limit potential land use
conflicts between resource-based uses and other non-compatible land
uses.
1. Council proposes that a condition of approval for resource excavation
uses is that they must be rehabilitated to a state that is environmentally
safe, stable, and compatible with the adjacent areas after their mineral
resources have been depleted.
2. Council proposes to require that any new dwellings be setback from major
and pre-existing resource uses, and not permit small-lot subdivisions
in the Resource Zone, so as to prevent the intrusion of incompatible
residential developments into prime agriculture, forestry, or mineral rich
lands where resource development is permitted.
1.8.1 Policies
1.8 Agriculture & Land
Resources
RURAL PLAN
POLICIES & PROPOSALS
1.8.2 Proposals
FUNDY SHORES
RURAL PLAN
32
MAP 7.
FUNDY SHORES
RURAL PLAN
33
1. Council shall support the development of recreational facilities and
programs that are needed and beneficial for residents' physical, mental,
and social well-being, and are accessible by active transportation within a
Settlement Area, where feasible.
2. Council shall support the provision of year-round indoor and outdoor
recreation facilities, events, and programs that are available and accessible
to residents and visitors of all ages, with a special emphasis on supporting
winter activities, when fewer recreation opportunities exist.
3. Council shall encourage:
a.
The conservation of heritage resources in a manner that respects
their value to the community, ensures their integrity, and enables
their functional viability;
b. The sensitive rehabilitation and reuse of valuable heritage structures
and sites, burial grounds, archaeological areas and items of cultural
importance; and,
c.
The ongoing cultural expression of local First Nations.
1. Council proposes to use Zoning Provisions to ensure that development
within and adjacent to the mapped Recreation Corridor (MAP
8) supports and does not detract from present and future outdoor
recreational uses.
2. Where new subdivisions are proposed on property containing or adjacent
to a Recreation Corridor (MAP 8), trail connections for the public shall
be established by acquiring lands for public purposes or easements.
1.9.1 Policies
1.9 Recreation & Culture
RURAL PLAN
POLICIES & PROPOSALS
1.9.2 Proposals
FUNDY SHORES
RURAL PLAN
34
MAP 8.
FUNDY SHORES
RURAL PLAN
35
Z O N I N G P R O V I S I O N S
ACCESSORY BUILDING - means a detached building that:
a.
is not habitable, except in the case of an accessory dwelling unit;
b. contains a use that is incidental and subordinate to the main use, main building or structure;
c.
is located on the same lot as the main use, main building or structure; and,
d. includes a detached private garage or detached deck and above or below ground storage tanks.
ACCESSORY COMMERCIAL USE - synonymous with a 'home-based business,' means any kind of
low-impact commercial use, artisan manufacturing use, or institutional use that is operated on a very
small-scale (with a developed footprint not exceeding five percent of the lot coverage), and where the
use is accessory to another main use on the lot and where any equipment is operated inside of a building
or structure that is effectively sound-dampened.
ACCESSORY DWELLING UNIT - means a dwelling unit with no more than two bedrooms which is
incidental to the principal dwelling unit. When contained within the main building, it is synonymous
with a secondary suite, and when contained within an accessory structure it is synonymous with a
garden suite. For the purposes of this by-law, an accessory dwelling unit is not a multi-unit residential
use.
ACCESSORY STRUCTURE - means a detached structure that:
a.
is not habitable, except in the case of an accessory dwelling unit;
b. contains a use that is incidental and subordinate to the main use, main building or structure;
c.
is located on the same lot as the main use, main building or structure;
d. may include renewable energy devices less than 15 m in height, an individual vehicle charging
station, a recreational pier, a detached private garage or detached carport and above or below
ground storage tanks; and,
e.
does not include fences under 2 m in height, swimming pools with less than 1 m depth of
water, play structures, or decks attached to a dwelling.
ACCESSORY USE - means a use of land, building or structure that:
a.
is naturally or customarily incidental and subordinate to the main use or secondary use of the
land, building or structure;
b. is not habitable except in the case where an accessory dwelling unit is listed as a permitted use;
c.
is located on the same lot as the main use; and,
d. in relation to a lot with a dwelling, includes incidental uses such as a accessory commercial
unit, market gardens, greenhouses, personal fishing equipment, or the keeping of up to twenty
(20) mature female chickens, turkeys, ducks, or equivalent smaller fowl, but not including
male fowl that have reached maturation (e.g. roosters).
ADVISORY COMMITTEE - means the Planning Review and Adjustment Committee of the
Regional Service Commission (RSC).
2.0 Definitions
RURAL PLAN
GENERAL PROVISIONS
FUNDY SHORES
RURAL PLAN
38
AGRICULTURAL USE - means the main or secondary use of any land, building, or structure
according to the definition of an 'agricultural operation' under the Agricultural Operation Practices Act,
and includes such uses as greenhouses, nurseries, fish hatcheries, outdoor cannabis production, retail,
farmer's market outlets for the sale of agricultural goods, animal shelters, and veterinary services, but
does not include an abattoir.
ALTER (ALTERATION) - means, as applied to a building or structure or part thereof:
a.
a change or rearrangement in the structural parts or means of egress;
b. an enlargement, whether by extending the side, front or rear of a building or structure;
c.
increasing the height; or,
d. moving from one location or position to another.
ANIMAL UNIT - means the equivalent number of livestock, after weaning or maturation, that
equals one (1) animal unit as follows:
a.
1 horse, cow, steer, bull, mule, donkey, bison; or,
b. 4 ostriches, emus, llamas, sheep, goats, hogs; or
c.
7 alpacas, deer; or,
d. 35 geese, foxes, minks, rabbits; or,
e.
120 chickens (including layers, broilers), turkey broilers
BARE-LAND CONDOMINIUM - means a condominium property as defined under the
Condominium Property Act, and is generally one lot consisting of separate units of land on which
buildings may be located or constructed after purchase.
BUILDING - means any roofed and walled structure, whether temporary or permanent, used or
built for the shelter, accommodation or enclosure of persons, animals, materials or equipment and
includes any vessel or container used for any of the foregoing purposes.
BUILDING INSPECTOR - means the person responsible to issue building permits and inspect
construction under the Building Code Administration Act.
BUFFER - means landscaped areas, naturally treed areas, fences, walls, berms, or any combination
thereof used to physically and visually separate one use or lot from another in order to mitigate the
impacts of noise, light, or other nuisance.
CAMP - means a lot, parcel, or piece of land intended for periodic recreational use and occupied
on a temporary basis by a maximum of one (1) of the following: a trailer, camper, truck camper, tent,
dome, yurt, or similar accommodation. For the purposes of this by-law, more than one (1) camp on a
lot shall be considered a campground.
CAMPGROUND - means a lot, parcel, or piece of land intended for periodic recreational use
and occupied on a temporary basis by multiple trailers, campers, truck campers, tents, domes, yurts,
or similar accommodation, and includes campgrounds operated for tourism or commercial or non-
commercial purposes.
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GENERAL PROVISIONS
FUNDY SHORES
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39
CANNABIS PRODUCTION - means the cultivating, processing, extracting, warehousing, research
and testing of cannabis, production of goods containing cannabis, and other uses that require a license
under the Cannabis Control Act and its regulations for medical or non-medical purposes, but also
including incidental uses, such as retail sales, where such incidental uses do not comprise more than
25% of the gross floor area.
COASTAL - SPECIAL POLICY AREA - as shown on MAP 3.
COMMERCIAL USE - means the use of land, buildings, or structures that involves the sale of
prepared products (such as, but without limiting the generality of the following: automobiles, fuels,
building supplies, alcohol, food, retail goods), the supply of business services (such as, but without
limiting the generality of the following: equipment leasing, salons, spas, offices, contractor yards), the
repair of vehicles or equipment, or the provision of tourist accommodations with on-site staff for guest
services. This use includes artisan manufacturing but does not include other defined uses such as heavy
industrial use, light industrial use, forestry use, campground, short-term rental, resource excavation use,
utility use, warehousing, or adult entertainment.
CONSERVATION USE - means a use of land that serves to protect, maintain, or improve an
environmental resource or feature, but does not include developing buildings or structures.
DEVELOPED FOOTPRINT - means the developed area for a specific use of a lot above grade
including all main, secondary, and accessory buildings or structures, loading areas, and outdoor storage
areas.
DEVELOPMENT - means a development as defined by the Community Planning Act.
DEVELOPMENT OFFICER - means a development officer as defined by the Community Planning
Act.
DEVELOPMENT PERMIT - means the approval issued by the development officer for a development
under this By-law or regulation of the Province.
DRIVEWAY ACCESS - means that portion of a lot used to provide vehicular access from a street
to a lot.
DWELLING - means a building, or portion thereof, that is used as a dwelling unit and may include
a mini-home or multi-unit dwelling, but does not include a residential care facility, camp, tourist
accommodation or short-term rental.
DWELLING UNIT - means a room or suite of two or more rooms for use, or intended for use, by
one or more individuals in which culinary and sanitary facilities are provided for the exclusive use of
such individual(s), and with a private entrance from outside the building or from a common hallway
or stairway inside.
EXTERNAL LIGHTING - means outdoor lighting, or lighting inside of a building directed outdoors,
not including illuminated signs, for the purposes of illuminating any building, loading area, parking lot
or yard. Does not include lighting that generates less than 315 lumens per light source.
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DEFINITIONS
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EXTRACTIVE INDUSTRIAL USE - means the use of land for mining as defined under the Mining
Act, or the refinement and/or processing of minerals, ores, sand, gravel, stone or other aggregate
resources, and includes tailing ponds, rock crushing plants, asphalt plants or concrete plants.
FAÇADE - means the exterior wall of a building or structure that is exposed to public view, or that
wall viewed by persons not within the building.
FLANKAGE YARD - means the side yard of a corner lot, which abuts a street, and required flankage
yard or minimum flankage yard, means the minimum side yard required by this By-law where the yard
abuts a street.
FORESTRY USE - means any uses associated with commercial silviculture, such as a sawmill use
that includes the sale or distribution of forestry products, and any related vehicle and equipment storage
and maintenance buildings, structures and storage yards, but does not include a heavy industrial use.
FRONT LOT LINE - means the line dividing the lot from a street or other means of access, and:
a.
in the case of a corner lot, the shorter lot line abutting the street, or another access in the case
of no street, shall be deemed the front lot line;
b. or in the case of a corner lot that has the same dimensions along the two streets (or other
accesses) it abuts, the lot line where the building or structure has its principal entrance shall
be the front lot line.
FRONT YARD - 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. The 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.
FRONTAGE - means in the case of:
a.
an interior lot, the measurement of the front lot line between the side lot lines;
b. a corner lot, the measurement of the front lot line between the side lot line and flankage lot
line; or,
c.
a through lot, the measurement of the lot line separating the front yard from the wider right
of way.
Where both right of ways are of equal width, then the front yard shall be the frontage where an existing
driveway access is located or, if no access exists, the front yard shall be the same as any abutting lot.
GRADE, AVERAGE - means, with reference to a building or structure, the average elevation of the
finished surface of the ground where it meets or will meet the exterior of such building or structure,
excluding localized depressions such as vehicle or pedestrian entrances.
GRADE, EXISTING - means the elevation of the ground surface in its natural state, before
development.
GREEN SHORE PROTECTION - means a nature-based solution for shoreline protection to help
dissipate wave action and benefit the terrestrial and aquatic environments. Green shore protection
involves planting or installing natural shoreline features such as riparian vegetation, large woody debris,
shoreline materials (sand, cobble, and gravels) and avoids/limits the use of hard or structural shore
protection works that may have an unintended effect of deflecting wave action onto neighbouring lots.
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DEFINITIONS
FUNDY SHORES
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41
GROSS FLOOR AREA - means the aggregate of the floor areas of a building above and below grade,
measured between the exterior faces of the exterior walls of the building at each floor level. Gross floor
area does not include the area used for a mechanical room, stairwells, air handling equipment, garbage
storage, electrical room, elevators and car parking areas.
HABITABLE - means suitable for overnight residential occupancy to carry on normal living
functions, including sleeping, living, cooking, and maintaining personal hygiene.
HEIGHT - means, in relation to a building or structure, the vertical distance as measured from the
average grade, unless otherwise specified, to the highest point of such building or structure, as follows:
a.
for flat or dome roofs, the highest point is the highest part of the building;
b. for pitched roofs, the highest point is the mid-point between the highest ridge of the building
and the highest eave; and,
c.
for gambrel roofs, the highest point is deemed to be the mid-point between the mid-point
between the ridge and the point immediately below the ridge where the pitch changes.
INDUSTRIAL USE, HEAVY - means the use of land, buildings, or structures for the manufacturing,
processing, fabricating, assembly, of raw materials, such as extractive industrial uses. This use may
include the slaughter of livestock or aquatic species or the servicing, treating, and recycling of articles
or end products for a salvage use. This use may involve hazardous and commonly recognized offensive
conditions, but does not include forestry uses, or the storage and disposal of untreated chemical,
biological, explosive, and radioactive wastes as a main use.
INDUSTRIAL USE, LIGHT - means the use of land, buildings, or structures for warehousing,
research and development, biological production, licensed cannabis production, manufacturing,
processing, fabricating, assembly, servicing, treatment, or packaging of previously prepared or refined
materials (or from raw materials that do not need refining), but does not include heavy industrial uses.
INSTITUTIONAL USE - means the use of land, buildings, or structures for community or public
purposes such as, but without limiting the generality of the following: a religious use, cemetery, an
indoor or outdoor recreational facility, a childcare facility, a community hall, a residential care facility,
a school or educational institution, a health-care practitioner's office or clinic, a government office
building or service center, but does not include a correctional facility.
LIVESTOCK - means any non-predatory animal raised and kept for agricultural or aquaculture
purposes, but does not include domestic animals that are kept within a dwelling unit or small livestock
as defined in accessory use.
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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.
LOADING AREA - means an off-street area, on the same lot as the main use, that is used for the
temporary parking of a commercial vehicle while loading and unloading merchandise or materials and
which is connected to a public street by an appropriate access.
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 COVERAGE - means the percentage of lot area covered by buildings and structures above
grade. This does not include uncovered swimming pools, unenclosed porches, patios, sundecks and
above ground pool decks.
LOT LINE - means a common line between a lot and: a) an abutting lot, or b) a lot and a street or
body of water.
LOT LINE, FRONT - The side of a lot that abuts a public street is the front of the lot. For lots
abutting more than one street, the shortest side fronting upon a street shall be considered the front
of the lot. Where buildings exist on the lot, the frontage may be established by the orientation of the
buildings, or of the principal entrance, if all lot lines are equal length.
LOT SIZE - means the total horizontal area within the lot lines of a lot, excluding the horizontal
area of a lot:
a.
that is within a marsh or any Provincially Significant Wetland as identified by the Department
of Environment and Local Government;
b. covered by Protected Area B under the Watershed Protected Area Designation - Clean Water
Act;
c.
beyond the ordinary high-water mark.
MAIN BUILDING - means the building in which the main or principal use of a lot is conducted.
MAIN USE - means the primary purpose for which a lot, building(s) and/or structure(s) is used.
MINI-HOME - means a dwelling, other than a mobile home or modular dwelling, fabricated in
an off-site manufacturing facility for installation or assembly at the building site, and provided with a
Canadian Standards Association approved stamp and number and/or meeting the requirements of the
National Building Code of Canada, but does not include any mobile home with a trailer hitch.
MULTI-UNIT RESIDENTIAL USE (MULTI-UNIT DWELLING) - means a main building comprising
two (2) to four (4) dwelling units which may have either shared or individual outside accesses; or
dwellings attached to a building which is principally commercial.
NEW RIVER BEACH - SPECIAL POLICY AREA - as shown on MAP 3.
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DEFINITIONS
FUNDY SHORES
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43
OVERLAY ZONE - means an overlay zone within the meaning of the Community Planning Act and
as described in Section 1.0 of this Rural Plan.
PRE-EXISTING USE - means a pre-existing building, structure, or use of land, that was lawfully
permitted under the Lepreau-Musquash Planning Area Rural Plan Regulation, or earlier, and where
the use continued uninterrupted after the date of approval of the Rural Community of Fundy Shores
Rural Plan By- law.
PARKS AND OPEN SPACE USE - means an area of land either landscaped or natural, which is
primarily used to meet human recreational needs or preserve wildlife habitats, and where a related
institutional use, commercial use, or campground use may be developed as a component of the parks &
open space use if the developed footprint of the lot does not exceed ten percent (10%).
PRIVATE UTILITY USE - means the use of land, buildings, or structures, to provide services,
renewable and other electricity generation, electricity transmission, telecommunications, marine
access, transportation infrastructure, public water or sewerage, solid waste disposal or recycling, or
other utilities provided to the general public by a private entity and as distinguished from a utility use
provided by the public sector.
REAR YARD - 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.
REGIONAL SERVICE COMMISSION - means a regional service commission established under the
Regional Service Delivery Act.
RESIDENTIAL CARE FACILITY- means a residential building or part of a building in which
accommodation and nursing, supervisory and/or physical personal care is provided, or is made available
for more than three (3) persons with social, health, legal, emotional, mental, or physical disabilities or
problems, and includes such facilities as are licensed by the Family Services Act, or by other provincial
legislation, and that may contain common facilities, but does not include multi-unit residential uses or
a correctional facility.
RESIDENTIAL CLUSTER DEVELOPMENT - means a bare-land condominium or residential
land lease community on a parcel of land that is not subdivided into lots within the meaning of the
Community Planning Act and where the dwellings are clustered together on one part of the land in
order to preserve, for a conservation use, at least seventy-five percent (75%) of the original parcel
through conservation easements.
RESIDENTIAL LAND LEASE COMMUNITY - Any area, lot, parcel, or tract held in common
ownership, and on which individual portions of said area, lot, parcel, or tract are leased for the
placement of mini-homes as a primary residence. Residential land lease communities do not include
camps or mobile homes with trailer hitches.
RESOURCE EXCAVATION USE - means the use of land for the excavation of sand, gravel, clay,
shale, limestone or other mineral deposit for a development or for the sale or other commercial use
RURAL PLAN
DEFINITIONS
FUNDY SHORES
RURAL PLAN
44
of the material excavated, but does not include processing, or refinement of materials, or an extractive
industrial use.
RESIDENTIAL GROWTH - SPECIAL POLICY AREA - as shown on MAP 3.
RURAL COMMUNITY - means the territory and administration of the Rural Community of Fundy
Shores, as established under the Local Governance Act.
SALVAGE USE - means the use of land, buildings, or structures, where there are stored or deposited
three (3) or more unregistered motor vehicles that are no longer intended or in condition for legal use
on the public highways, or used parts of motor vehicles or old iron, metal, glass, paper, cordage, or
other waste or discarded, or second-hand material which has been a part, or intended to be a part, of
any motor vehicle, the sum of which parts or material shall be equal in bulk to two (2) or more motor
vehicles. Such uses shall also include any land, buildings, or structures for the storage or deposit of
motor vehicles purchased for the purpose of dismantling the vehicles for parts or for use of the metal
for scrap and where it is intended to burn materials that are parts of a motor vehicle or cut up the parts
thereof.
SEA LEVEL RISE - As shown on MAP 4.
SECONDARY USE - means a use other than a main or accessory use on a lot that is secondary to a
main use and that occupies less interior gross floor area, or less exterior developed footprint, than the
main use of the lot.
SETBACK - means the required distance, in accordance with the provisions of the bylaw, between
every building or structure and the lot lines of the lot on which it is proposed to be located.
SETTLEMENT AREAS - as shown on MAP 1.
SHORE PROTECTION WORKS - means any shore protection structure, including but not limited
to wharves, piers, retaining walls, rip rap, and piles, but does not include groynes or other rigid structures
built out perpendicularly from the shore.
SHORT-TERM RENTAL - means the use of a camp, accessory dwelling unit, or dwelling unit, or
portion thereof, as temporary accommodations for no more than thirty (30) days at a time.
SIDE YARD SETBACK - 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 lot line and the nearest
main wall of any building or structure on the lot.
SIGN - means any structure, device, light, painting, or other representation or natural object that
is used to advertise a business.
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DEFINITIONS
FUNDY SHORES
RURAL PLAN
45
SMALL-SCALE SECONDARY USE - means any agricultural use, forestry use, commercial use,
water-dependent fishery use, or institutional use that is a secondary use carried on inside of the main
building and comprising of less than twenty-five percent (25%) of the gross floor area, or carried on
inside of accessory building(s) or structure(s) with the developed footprint not exceeding ten percent
(10%) of the lot coverage. With the exception of transport vehicles, a small-scale secondary use does
not include any exterior storage of equipment or goods that are visible from a public street or adjacent
lots nor does it involve the operation of mechanical equipment, except where used inside of a building
with an effective sound-damping enclosure to limit noises from impacting surrounding lots.
STREET - means the right of way of every highway or road vested in the Province of New Brunswick
or the Rural Community.
STRUCTURE - means anything constructed or erected on or below the ground, or attached to
something on the ground, and may include all buildings.
UTILITY USE - means the use of land, buildings, or structures to provide public services, renewable
and other electricity generation, electricity transmission, telecommunications, marine access,
transportation infrastructure, public water or sewerage, solid waste disposal or recycling, or other
utilities provided to the general public, as authorized by either the Rural Community, the Province of
New Brunswick, or the Government of Canada.
TRADITIONAL BUILDING MATERIALS - means materials consistent with construction techniques
and architecture of settlements in the Canadian Maritimes in the pre-World War Two era and includes
brick, masonry, brick or masonry veneer, glass, wood, cedar shingle, or adequate facsimiles (such as
vinyl or steel clapboard with an authentic wood-grain and thick gauge/grade).
WAREHOUSING - means a building used primarily for the bulk storage of commodities, liquids,
and materials and may include wholesaling and distribution.
WATERCOURSE - means a 'watercourse' as defined in the Clean Water Act, and includes the Bay
of Fundy.
WATER-DEPENDENT FISHERY USE - means the use of land, buildings, or structures that need
to have direct access to a natural water body or watercourse, such as but not limited to the following: a
crane, wharf, pier, marina, bait shed, or a light industrial use involving the recirculation of water drawn
directly from a watercourse for the purpose of warehousing or growing live aquatic species, such as a
lobster holding facility or an aquaculture use. This use does not include any processing involved in a
heavy industrial use. See the image to the right for an example of a 'Water-dependent Fishery Use'
occurring on a small-scale as a use of land.
WETLAND - means a wetland as identified by the Province of New Brunswick under the Clean
Water Act.
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DEFINITIONS
FUNDY SHORES
RURAL PLAN
46
FUNDY SHORES
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3.1 Zoning Classifications
1. For the purposes of this By-Law, the Rural Community is divided into zones as delineated on
the map attached hereto, entitled "Rural Community of Fundy Shores Zoning Map" dated
October 2024, and overlay zones as depicted on maps included within Section 1.0 of this
By-law.
2. The zones mentioned in subsection (1) are classified and referred to as follows:
a.
Industrial "I" Zone
b. Conservation "C" Zone
c.
Rural Settlement "S" Zone
d. Rural Resource "R" Zone
3. The overlay zones mentioned in subsection (1) are classified and referred to as follows:
a. Settlement Areas;
b. Subdivision Control Areas;
c.
Special Policy Areas, including:
-
New River Beach - Special Policy Area;
-
Coastal - Special Policy Area;
-
Point Lepreau - Special Policy Area;
-
Residential Growth - Special Policy Area;
-
Musquash Estuary - Special Policy Area.
d. Projected Sea Level Rise Area;
e.
Conservation Priority Area;
f.
Expressway/Highway;
g. Collector;
h. Agriculture Priority Area; and,
i.
Recreation Corridor.
3.2 Interpretation
3.2.1. ZONE BOUNDARIES
1. A zone boundary shown approximately at a lot line is deemed to be at the boundary of the lot
line.
2. A zone boundary shown following approximately the top of a bank of a shoreline, creek, stream
or channel is deemed to be at the top of the bank and moves with any change in the bank.
3. Where zone boundaries are indicated as generally following an existing or a proposed street
line, alley line, public utility right-of-way, easement, fence, or building wall, the zone boundary
shall be construed as following such lines.
4. In the event that a public street, as delineated on the zoning map, is closed, the land formerly
within such street shall be included within the zone of the adjoining land on either side of such
closed street. Where a closed street is the boundary between two or more different zones, the
new boundary shall be the former centerline of the closed street.
5. Where none of the above provisions apply, and where appropriate, the zone boundary shall be
scaled from the zoning map.
6. Notwithstanding anything contained in this By-law, where a lot on a watercourse, or portion
thereof, is shown to not have a zone on the "Rural Community of Fundy Shores Zoning Map,"
the zone shall be determined by applying the nearest zone in proximity to the lot (or the
portion thereof).
3.0 Administrative & Interpretive
Clauses
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ADMINISTRATIVE & INTERPRETIVE
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RURAL PLAN
ADMINISTRATIVE & INTERPRETIVE
3.2.2. METRIC MEASUREMENTS
1. All numerical requirements in this by-law are provided in metric units of measurement. Where
a discrepancy between metric and imperial measurements occurs, the metric measurement
shall prevail. Measurements are abbreviated in the following manner:
a.
meters or m;
b. feet or ft;
c.
square meters or sq. m or m2;
d. square feet or ft2;
e.
inches or in;
f.
centimeters or cm; and,
g. millimeters or mm.
2. Ranges are abbreviated in the following manner:
a.
maximum or 'max.'; and,
b. minimum or 'min.'
3.2.3. USES PERMITTED
1. Uses permitted within any zone shall be determined as follows:'
a.
If a use is not listed as a use permitted within any zone, it shall be deemed to be prohibited
in that zone; and,
b. If any use is listed subject to any special conditions or requirements, it shall be permitted
subject to the fulfilling of such conditions or requirements.
3.2.4. DIAGRAMS & DEFINITIONS
1. Diagrams may be used to help visualize the zoning provisions and provide a way to generally
interpret the by-law's requirements or depict its dimensional standards. In the event of any
discrepancy between a diagram and the definitions or other provisions of the by-law, the written
text of the by-law shall prevail.
2. Definitions are provided in these zoning provisions as an authoritative interpretation on the
meaning and scope of a variety of different land uses and terminologies being employed in this
document. Words in bold italics are words with specific definitions and may be found in Section
2.0 of this By-law. Words that are italicized and underlined may denote specific Provincial and/or
Federal regulations or legislation. Words that are not italicized or bolded may still be subject to a
definition under section 2.0.
3.3 Special Powers of Council
1. Notwithstanding anything else contained in this By-law, no building or structure may be
erected in the Rural Community, where in the opinion of the Council, satisfactory arrangements
have not been made for the supply of electrical power, water, sewerage, streets, access, other services,
and facilities.
2. Notwithstanding anything else contained in this By-law, land, buildings, or structures in the
Rural Community, may be authorized to be used by Council for any utility use.
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49
3.4 Powers of the Advisory Committee
1. No building or structure may be placed, erected or altered on any site where it would otherwise
be permitted under this By-Law when, in the opinion of the advisory committee, the site is marshy,
subject to flooding, excessively steep or otherwise unsuitable by virtue of its soil or topography.
2. The advisory committee may, subject to such terms and conditions as it considers fit:
a.
authorize, for a temporary period in accordance with the Community Planning Act, a
development otherwise prohibited by this By-Law; and
b. require the termination or removal of a development authorized under clause (a) at the
end of the authorized period.
3. Where uses are listed as being subject to any terms and conditions that may be imposed by
the advisory committee, no development permit or any development officer approval shall be
given until the advisory committee has reviewed the application and approved it as proposed, or
approved it subject to specific terms and conditions, or has refused the approval where compliance
with reasonable terms and conditions cannot reasonably be expected.
4. The advisory committee may permit, subject to such terms and conditions as it considers fit:
a.
a proposed use of land or a building that is otherwise not permitted under the zoning
provisions if, in its opinion, the proposed use is sufficiently similar to or compatible with
a use permitted in the By-law for the zone in which the land or building is situated; or,
b. such reasonable variance from the requirements of the zoning provisions as provided by
the Community Planning Act as, in its opinion, is desirable for the development of a
parcel of land, or a building, or structure, and is in accord with the general intent of the
By-law.
5. Where requested to permit a proposed use or variance under subsection (4) above, the advisory
committee may give notice to owners of land in the immediate neighbourhood:
a.
describing the land;
b. describing the use proposed or variance requested; and,
c.
giving the right to make representation to the advisory committee in connection therewith
within the time limit set out in the notice.
6. Where permitted under the Community Planning Act or Regional Service Delivery Act, powers
of advisory committee may be delegated to the Development Officer or his/her delegate.
3.5 Non-conforming Uses
Non-conforming uses, unless otherwise provided for in this By-law, shall be subject to Sections 60
and 61 of the Community Planning Act.
3.6 Amendments
1. A person who seeks to have this By-Law amended:
a.
shall make a written and signed application describing the purpose of the amendment;
b. shall, where the application involves rezoning an area of land from one type of zone to
another, include therewith the signatures of at least one owner of each parcel of land to
be rezoned; and
c.
shall pay an application fee of $1,500, payable to the Regional Service Commission.
2. An application under this section shall include such information as may be required by the
Council or the Development Officer for the purpose of adequately assessing the desirability of the
proposal according to the policies of the Rural Plan and the Statements of Public Interest Regulation.
3. Where an application for Rural Plan amendment or a rezoning of a lot has been refused
within the previous twelve (12) months, Council will not entertain the same application unless
the proposal is substantially different from the previous application.
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ADMINISTRATIVE & INTERPRETIVE
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ADMINISTRATIVE & INTERPRETIVE
3.7 Development Approval
1. Except as otherwise provided in this section, no person shall undertake a development unless
the development officer having jurisdiction approves the development as conforming with, if it
applies to the land on which the development is located:
a.
the Community Planning Act;
b. the rural plan by-law;
c.
a secondary rural plan by-law, if applicable;
d. a deferred widening or controlled access by- law, if applicable.
2. While it does not exempt a person from complying with all other provisions of this Bylaw or
any other bylaws or regulations, a development approval is not required prior to carrying out any
of the following developments:
a.
the development of an accessory use of land;
b. the development of an accessory commercial unit in a main building that was approved
pursuant to section 3.7(1);
c.
the cutting or removing of trees, except in the C Zone which is subject to section 5.4.2;
d. the installation or erection of any signs or exterior lighting, or fences under 2 m in height;
e.
the development of an accessory use in an accessory building or structure less than 20 m2
(over 215 ft2) in gross floor area and less than 4.5 m (14.7 ft) in height, and not attached to
a building or structure greater than 20 m2 (over 215 ft2) in gross floor area, and where it is
exempt from the National Building Code under the Building Code Administration Act;
f.
establishment of parking areas; and,
g. installation of shore protection works that do not change the existing grade by greater
than 1 m (3.3 ft).
3. An application under this section shall include such information as may be required by the
Development Officer for the purpose of adequately assessing the compatibility of the development
proposal according to the Rural Plan and the Statements of Public Interest Regulation.
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4.1 Required Services for Building Lots
1. No building may be erected on any lot, where in the opinion of Council, satisfactory
arrangements have not been made for the supply of electrical power, water, sewerage, and
other services or facilities to the lot.
4.2 Limits on Light Pollution
1. The requirements of this By-law with respect to the development of new exterior lighting are
as follows:
a.
No exterior lighting shall be used in a manner that emits a bright flashing light usually
associated with danger or those used by emergency vehicles;
b. Any exterior lighting shall be located and arranged so that rays of light are not directly
aimed at any adjoining lots or the public street; and,
c.
All exterior lighting shall be shielded and directed downward to limit light pollution and
protect the view of the night sky.
4.3 Shoreline Protection & Rip-rap
1. The development of shore protection works shall be permitted as an accessory use of land in
every zone.
2. Notwithstanding section 4.3(1), development of shore protection works that involve a change
in the existing grade greater than 1 m (3.28 ft), shall be subject to such terms and conditions
as the advisory committee considers necessary to protect the health, safety and welfare of the
general public, such as a requirement to incorporate green shore protection, and they may be
prohibited by the advisory committee if compliance with the terms and conditions imposed
cannot reasonably be expected.
4.4 Child Safety Standards for Swimming Pool Enclosures
1. No land may be used for purposes of a swimming pool capable of containing a depth more
than 1 meter (3.3 ft) of water unless the swimming pool is enclosed by a fence, or by a wall of
a building or structure, or by a combination of walls and fences, at least 1.5 m (5 ft) in height
and meeting the requirements of this section.
2. Where a portion of a wall of a building forms part of an enclosure mentioned in 4.4(1):
a.
No main or service entrance to the building may be located therein; and,
b. Any door therein, other than a door to a dwelling unit, shall be self-closing and equipped
with a self-latching device at least 1.5 m (5 ft) above the bottom of the door.
3. An enclosure mentioned in 4.4(1) shall not have rails, bracing or other attachments on the
outside thereof that would facilitate climbing.
4. A fence mentioned in 4.4(1) shall not be electrified or incorporate barbed wire or other
dangerous material and shall be located:
a.
At least 1 m (3.3 ft) from the edge of the swimming pool;
b. At least 1 m (3.3 ft) from any condition that would facilitate its being climbed from the
outside and so that the bottom of the fence be elevated by no more than 5.5 cm (2 in)
average grade.
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5. The design and construction of a fence under this section shall provide:
a.
In the case of chain link construction:
i.
no greater than 38 mm (1.5 in) diamond mesh;
ii. steel wire not less than No. 12 gauge, or a minimum No. 14 gauge covered with vinyl
or other approved coating forming a total thickness equivalent to No.12 gauge wire;
and,
iii. at least 38 mm (1.5 in) diameter steel posts, set below frost, and spaced not more than
2.5m (8 ft) apart, with a top horizontal rail of at least 32 mm (1.26 in) diameter steel.
b. In the case of wood construction:
i.
vertical boarding, not less than 19 mm x 89 mm (0.75 in x 3.5 in) actual dimensions
spaced not more than 4 cm (1.5 in) apart, attached to supporting members and
arranged in such a manner as not to facilitate climbing on the outside; and,
ii. supporting wood posts at least 10 cm (4 in) square or round, set
below frost and spaced not more than 2.5 m (8.2 ft) apart, with the
portion below grade treated with a wood preservative, and with a
top horizontal rail at least 38 mm x 140 mm (1.5 in x 5.5 in) actual dimension.
c.
In the case of construction with materials and in a manner other than described in this
subsection, rigidity equal to that provided thereby.
6. Gates forming part of an enclosure mentioned in 4.3(1):
a.
Shall be equivalent to the fence in content, manner of construction and height;
b. Shall be supported on substantial hinges; and,
c.
Shall be self-closing and equipped with a self-latching device at least 1.3 m (4.2 ft) above
the bottom of the gate.
7. The vertical walls of a permanent above-ground pool can be used as part of a pool enclosure
provided that the vertical walls, including additional fencing at the top of the entire walls, are
at least 1.5 m (5 ft) in height above average grade and do not possess any horizontal members
that may facilitate climbing. The ladder area, which provides access to the aboveground pool,
must be enclosed by a swimming pool enclosure as defined within this section.
8. No water shall be placed in the swimming pool until a closure has been completed and
inspected by the Development Officer, or a qualified delegate of the Development Officer,
including a Building Inspector appointed by the Council.
9. The installation of a swimming pool and/or enclosure is not to alter the existing grade or
drainage pattern otherwise approved by the Development Officer.
10. No person is to alter or replace a swimming pool enclosure without a development permit.
11. No person shall allow sections of the swimming pool enclosure to be removed or become
dilapidated so that it no longer conforms to this By-law; and,
12. No person is to allow materials to be placed, piled, attached, hung or leaned against or near the
swimming pool enclosure that could facilitate the climbing of the enclosure or diminish the
structural integrity of the enclosure.
4.5 Pre-existing Buildings & Undersized Lots
1. Notwithstanding anything contained in this By- law, where a building or structure has been
in existence before the effective date of this By-law having less than the minimum lot size, lot
frontage, lot depth, front yard, flankage yard, side yard or rear yard than is required by this
By-law, or exceeding the maximum lot coverage or building height, such building or structure
may be enlarged, reconstructed, repaired, or renovated provided that:
a.
The enlargement, reconstruction, repair or renovation of an existing building or structure
does not further reduce the required minimum front yard, flankage yard, side yard, or
rear yard, and does further exceed the required maximum lot coverage or building height,
that does not conform to this By-law; and,
b. All other applicable provisions of this By-law are satisfied.
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2. Notwithstanding anything contained in this By- law, where a lot has been in existence before
the effective date of this By-law having less than the minimum lot dimensions than is required
by this By-law, a building or structure may be developed provided that:
a.
The erection of a new building or structure can meet all other dimensional requirements
of the zone in which it is located;
b. All other applicable provisions of this By-law are satisfied; and,
c.
A septic system is approved by the Department of Public Safety.
4.6 General & Coastal Building Heights
1. Notwithstanding section 4.6(2), a building or structure developed or altered within 100 m
of the Bay of Fundy, as measured from the distance to the surface of that watercourse, in the
Coastal - Special Policy Area and New River Beach - Special Policy Area, shall not exceed 9.5
m in height, except if located in the Point Lepreau - Special Policy Area.
2. Any building or structure or utility use exceeding 15 m in height shall be a use subject to terms
and conditions.
4.7 Traditional Building Design Requirements
1. In the mapped settlement areas, where a main use of a main building is a commercial use,
heavy industrial use, light industrial use, a water-dependent fishery use, or institutional use,
that use is subject to the following terms and conditions:
a.
Cladding on facades of any main building shall consist of traditional building materials;
and,
b. Roof of any main building shall have a pitch of at least 2/12.
4.8 Required Access for Building Lots
1. No person shall use a lot or erect or use a building or structure on a lot, unless the lot abuts or
fronts on a public street or otherwise has a driveway access or another form access to a street
that is satisfactory to the advisory committee.
4.9 Standards for Accessory Uses, Buildings or Structures
1. An accessory building or structure may not be placed or erected on a lot prior to the placement
or erection of the main building or structure.
2. Accessory uses, buildings and structures will be permitted in all Zones but they shall not:
a.
Be used for human habitation, except as an accessory dwelling unit pursuant to the
requirements of sub-section 4.9 (3);
b. Have a total combined gross floor area exceeding 10% of the total lot size; and,
c.
Be placed, erected or altered so that is located closer to a required setback for buildings
and structures from a lot line.
3. Accessory dwelling units are permitted in the S, I, and R Zones, pursuant to section 4.21, but
they shall conform with the following standards:
a.
When contained within a main building, not occupy more than 75 m2 (807.3 ft2) total
combined gross floor area, or not occupy more than 75% of the gross floor area of one
floor of the main building;
b. When contained within a detached accessory building, be subject to the same dimensional
standards as other accessory uses and structures; and,
c.
Except in the I Zone, no more than one accessory dwelling unit may be placed or erected
on a lot and no building or structure may be altered to become or contain a second
accessory dwelling unit on a lot.
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4.10 Standards for Parking & Loading Spaces
1. Where developed, a parking lot or loading area shall:
a.
Be located no closer than 7.5 meters from a street lot line shared with an arterial or
collector highway;
b. Conform with the Barrier-Free Design Building Code Regulation - Building Code
Administration Act.
c.
Loading areas shall not be less than 9.14 m (30 ft) long, 3.66 m (12 ft) wide and 4.26 m
(14 ft) high, with driveway access thereto, and must be provided for every building or
structure used for any purpose involving the use of vehicles for the receipt or distribution
of materials.
4.11 Standards for Water-dependent Fishery Uses
1. Where water-dependent fishery uses are permitted, they are subject to the following terms and
conditions:
a.
That the lot on which the water-dependent fishery use is located is not to be used as a
salvage use, or a storage place for rubbish and derelict fishing equipment; and,
b. That any associated bait, catch, or dead animals are only stored in sealed containers, live
holding tanks, or refrigerators, as appropriate.
4.12 Standards for Agricultural Uses & Livestock
1. Where agricultural uses are the main or secondary uses of a lot, they are subject to the
following conditions:
a. Agricultural uses with livestock may be conducted on a lot over 10,000 m2 (1 hectare) in
size may contain:
i.
Up to one (1) animal unit per 4,000 m2; or,
ii. A number of livestock as may be approved in a license under the Livestock Operations
Act.
b. Any livestock facility shall be located more than 60 meters (196.9 ft) from any potable
water source, natural watercourse, or an existing dwelling unit on an adjacent lot.
c.
Where agricultural uses are developed adjacent to a lot in the S Zone, a naturally vegetated
or treed buffer of 5 m (16.4 ft) width is required at or near the entire shared lot line or as
mutually agreed-to by the relevant lot owners, in writing, at the time of the development
permit application.
d. Livestock shall not be permitted to roam within 60 m (196.9 ft) of a natural watercourse,
a dwelling unit on an adjacent lot, or beyond lot lines (except where mutually-agreed by
the relevant lot owners in-writing); and,
e.
Agricultural uses shall be conducted in conformity with acceptable farm practices as
defined under the Agricultural Operations Practices Act.
2. Where mature female chickens, turkeys, ducks, or equivalent smaller fowl are kept as accessory
uses of a lot, they are subject to the following conditions:
a.
A combined total of twenty (20) mature female chickens, turkeys, ducks, or equivalent
smaller fowl, may be kept on one (1) lot.
b. Any kept fowl require an enclosure and shall not be permitted to roam beyond lot lines.
4.13 Standards for Resource Uses
1. A resource excavation use must meet the following minimum standards:
a.
No excavation shall be undertaken:
i.
within 30 m of any wetland or watercourse;
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ii. within 30 m of a street or highway; and,
iii. below the groundwater table, except subject to section 4.15.
b. The excavation site shall be of a minimum distance of 30 m from all lot lines, 7.5 m from
power lines, and 150 m from any dwelling on any lot;
c.
A treed buffer of at least 15 m in width shall be maintained between the final perimeter of
any excavation site and any public street or adjacent property;
d. A driveway access to the site shall have a barrier to control entry to the site;
e.
All excavation sites shall have adequate signs warning people of any dangerous situation
associated with the operation, such as, but not limited to, blasting, steep slopes or open
holes; such signs shall be posted around the perimeter and visible from any driveway
access;
f.
All surface water shall either be contained within the site limits, or the resource excavation
development shall require the necessary approval from the Department of Environment
and Local Government;
g. The excavation site shall not serve as a storage place or a dump for toxic materials, scrap
iron, domestic wastes, construction residue or any other material likely to be harmful to
the environment;
h. Any driveway access within 100 m of an existing dwelling on another lot shall not be used
for transporting excavated materials; and,
i.
Prior to the commencing of an excavation upon any lands, a copy of an Archaeological
Impact Assessment (AIA), as approved by the Department of Tourism, Heritage, and
Culture, shall be submitted to the Development Officer, where that Department
determines a need for an AIA.
4.14 Standards for Gravel Pits
1. In addition to the requirements of section 4.13, a resource excavation use in the form of a
gravel pit is subject to this section and the following minimum standards:
a.
The land shall not be used for temporary or permanent asphalt production;
b. No excavations involving any blasting of aggregate, or mining shall be permitted; and,
c.
The land shall not be used for aggregate crushing.
4.15 Standards for Quarries or Mines
1. In addition to the requirements of section 4.13, a resource excavation use in the form of
a quarry, or an or an extractive industrial use, is subject to this section and the following
minimum standards:
a.
Prior to the commencing of an excavation upon the lands, a copy of a rehabilitation
plan, as approved by the Department of Environment and Local Government, shall be
submitted to the Development Officer, where applicable;
b. If the use involves a slope steeper than one and one-quarter (1¼) meters horizontal, the
excavation site shall be surrounded by a fence or barrier, a 10-meter buffer of cleared of
vegetation from the edge of all slopes, and brightly coloured 1 m2 warning signs placed at
20-meter intervals along the top length of that slope;
c.
Prior to the commencing of an excavation upon the lands, all development and activities
shall comply with all applicable acts, permits and approvals as required, including but not
limited to the: Mining Act, Air Quality Regulation - Clean Air Act, Environmental Impact
Assessment Regulation, Water Quality Regulation - Clean Environment Act, Approval to
Operate, Approval to Construct, Watercourse and Wetland Alteration Regulation, Water
Well Regulation - Clean Water Act, Quarriable Substances Act, and the Species at Risk Act.
d. Any extractive industrial use or a resource excavation use involving the blasting, crushing,
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or processing of rocks or minerals, shall not take place within 600 m of a dwelling on
another lot.
4.16 Standards for Buildings Exposed to Sea-Level Rise
1. Subject to section 4.3 where applicable, a development of any main use, main building, or
dwelling unit, within the Sea Level Rise Area involving the placement or construction of
a new building or structure, or an addition that increases the gross floor area of habitable
space, but not including repair or other alterations, is a use subject to the following terms and
conditions:
a.
A plan demonstrating the elevation of the habitable parts of the building being located
above 6.2 m Canadian Geodetic Vertical Datum of 2013; and,
b. A plan demonstrating the flood proofing of all electrical, mechanical and plumbing by
design or by elevation within the habitable part of the building.
4.17 Standards for Subdividing in the Conservation Zone
1. Notwithstanding section 5.4, any lot, block, or other parcel of land, or portion thereof, that
falls within the boundary of the C Zone, according to section 3.2.1, shall not be subdivided,
except according to one of the following circumstances:
a.
Where a lot, block, or other parcel of land was in existence prior to this By-law coming
into effect, it may be subdivided up to a maximum of three (3) lots subject to section
5.4.2; or,
b. In the case of a parcel of land that is being created for the purpose of being added to and
forming part of an adjoining parcel; or,
c.
Where a lot, block, or other parcel of land was in existence prior to this By-law coming
into effect, up to twenty-five percent (25%) of the total area of land may be subdivided
into separate lots that meet the requirements under section 5.4.2, subject to the following
conditions:
i.
that the remnant lot equating to seventy-five percent (75%) of the original lot, block, or
parcel, is wholly encumbered under a conservation easement, under the Conservation
Easements Act, and the use of such remnant of land is limited to developments for
conservation use; and,
ii. that prior to approval of plans for subdivision, evidence is presented to the
development officer that a conservation easement pursuant to subsection 4.17(1)(c)
(i.) has been registered in accordance with the Conservation Easements Act in the
Provincial Land Registration Office.
4.18 Standards for Mini-home Parks or Bare-land Condominiums
1. Subject to sections 5.2. and 5.4, a lot, block, or other parcel of land, or portion thereof, that
falls within the boundary of the S or C Zone, according to section 3.2.1, may be developed
as a residential cluster development, in the form of a bare-land condominium or residential
land lease community, that consists of four (4) or more dwellings as main uses, subject to the
following conditions:
a.
If developed as a bare-land condominium, that it complies with all Provincial regulations
and registration requirements under the Condominium Property Act;
b. If developed as a residential land lease community, that it complies with all Provincial
regulations and mini-home registration requirements under the Assessment Act;
c.
That it has a shared, private driveway access with no dead-end portion of the access, such
as cul-de-sac, exceeding 365 m in length from an interception with a public street and that
driveway access meets the Access Route Design requirements of Part 3 of the National
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Building Code of Canada 2015;
d. That a water supply assessment prepared by a professional Geoscientist is provided to
the Regional Service Commission, that demonstrates adequate water supplies for the
development;
e.
That the wastewater services are approve by the appropriate Provincial agencies or by
Rural Community, as required;
f.
That at least seventy-five percent (75%) of the total of the parcel of land is permanently
protected under a conservation easement, under the Conservation Easements Act, and in
accordance with the principles of residential cluster development;
g. That the minimum lot size for whole residential cluster development, including the lands
under conservation easement, is not less than 4,000 m2 of land multiplied by the number
of dwelling units to be permitted; and,
h. Prior to approval of the development, evidence has been supplied to the development
officer that a conservation easement pursuant to subsection 4.18(1)(f) has been registered
in accordance with the Conservation Easements Act in the Provincial Land Registration
Office.
4.19 Standards for Signs
1. Any permitted illuminated sign shall be subject to the following standards to reduce light
pollution:
a.
All internally illuminated signs, including signs that are lit internally with all light shining
through a translucent or coloured material and signs using Light Emitting Diode (LED),
shall not emit a blue-rich light with a colour temperature exceeding 3000 Kelvins during
any nighttime hours, evening to morning;
b. Both externally and internally illuminated signs shall be tilted downward and/or
incorporate sufficient shielding, to prevent light from being emitted upwards into the sky.
2. No sign shall be erected, operated, used or maintained which:
a.
Due to its position, shape, colour, format or illumination obstructs the view of, or may be
confused with, an official traffic sign, signal or device, as determined by the Development
Officer;
b. Displays lights resembling the flashing lights usually associated with danger or those used
by police, fire, ambulance and other emergency vehicles;
c.
Obstructs the use of a fire escape, door, window or other required exit;
d. Projects over or rests upon any part of a public street;
e.
Exceeds a maximum height of 5 m (16 ft); and,
f.
Is an off-site sign, such as a billboard sign, but exempting any traffic control device, any
off-site directional sign for the public that is approved by the Rural Community, or any
advertisements approved by the Department of Transportation and Infrastructure under
the Highway Act.
3. The provisions of this By-law with respect to existing signs that do not conform to the By-
law at the time of its effective date shall not be construed to have a retroactive effect. The
exception to this rule is a nonconforming sign that is relocated, altered, or removed which is
then required to comply with the provisions of this By-law. The provisions of this section shall
not exempt the owner of a non-conforming sign from the obligation for proper maintenance
of any sign.
4.20 Development Approvals on Crown Lands
1. Notwithstanding anything else contained in this by-law, development on Crown Lands is
subject to all relevant Acts and the approval of the Minister of the Department of Natural
Resources and Energy Development (or the Minister responsible for Crown Lands).
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4.21 Maximum Number of Dwelling Units Per Lot
1. Notwithstanding anything else contained in this by-law, no lot may be used for more than one
(1) dwelling unit except where:
a.
In the case of an accessory dwelling unit, the lot meets the minimum size and dimensional
requirements of the zone which it is located in, and the accessory dwelling unit meets the
requirements of section 4.9 (3);
b. In the case of a multi-unit residential use, the lot has an area of at least 8,050 m2 and a
frontage of at least 68 m;
c.
Where such dwellings are so located that they would be in conformity with the provisions
of all applicable by-laws regarding size, frontage, setback, and configuration of lots if the
lot was divided into separate lots, each abutting a publicly owned street and containing
one dwelling;
d. It is developed as a residential cluster development, where permitted, subject to section
4.18.
4.22 Residential Setbacks from Existing Resource Developments
1. In the R Zone, except for altering a dwelling that was in existence prior to the time that of this
By-law was adopted, no dwelling may be built, placed, or relocated, unless it is setback from
any of following uses on another lot:
a.
600 m in the case of a resource excavation use, in the form of a quarry or an extractive
industrial use; and,
b. 150 m in the case of a livestock facility that is licensed under the Livestock Operations Act
or resource excavation use in the form of gravel pit.
2. Notwithstanding sub-section 4.22(1), a reciprocal setback shall not be required from any use
that is not permitted in its respective zone.
4.23 Standards for Campgrounds or Short-term Rentals
1. Notwithstanding sections 6.1.1, 6.3.1, and 6.4.1, where a lot is used for more than one (1)
camp or short-term rentals it shall be considered a campground or commercial use and the
development is subject to the following terms and conditions:
a.
That the lot maintains a 20 m wide buffer along all lot lines shared with any adjacent lot
containing a dwelling;
b. That the lot contains a main building with a dwelling; and,
c.
If nine (9) or more camps or short-term rentals are developed, that a water supply
assessment prepared by a professional Geoscientist is provided to the Regional Service
Commission demonstrating adequate water supplies exist for the development.
4.24 Required Buffers to Separate Non-Residential Development
1. Pursuant to sub-section 6.1.2 in the S Zone, where any lot or building is developed for a camp,
short-term rental, commercial use, or institutional use, but not including a campground or
accessory commercial unit, that use is subject to the following terms and conditions:
a.
A 5 m buffer shall be maintained long any lot line that abuts another lot where a main use
of that adjacent lot is a dwelling.
2. Pursuant to sub-sections 6.1.2 and 6.2.2 in the S and I Zone, where any lot or building is
developed for a forestry use, water-dependent fishery use, heavy industrial use, light industrial
use, that use is subject to the following terms and conditions:
a.
A 15 m buffer shall be maintained along any lot line that abuts another lot where the main
use of that adjacent lot is a dwelling; and,
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b. An insulated structure or concrete wall with self-closing gates of at least 2.5 m in height
shall be erected to surround and dampen the sounds of any exterior mechanical equipment
or loading areas, if such facilities are located within 90 m of a dwelling on another lot.
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5 . 0 Z O N E S
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1. No development shall be permitted nor shall any land, building or
structure be used on a lot within the ID Zone except in conformity with
a specific proposal adopted by Council pursuant to Section 58 and 59 of
the Community Planning Act.
1. Notwithstanding any provision in this By-law, any land, building or
structure may be developed within the ID Zone in conformity with
specific terms and conditions adopted in development agreement
or resolution of Council. Those terms and conditions may establish
zoning standards for the design or dimensional requirements of main
buildings, accessory buildings, building height, lot size, lot coverage, lot
depth, lot frontage, yards, setbacks, driveway access, and any other zoning
requirement that Council applies to the specific development proposal.
See Figure 1. for an example of site-specific zoning requirements.
5.1.1 ID Zone Permitted Uses
5.1 Integrated Development
(ID) Zone
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ZONES
5.1.2 ID Zone Standards
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FIGURE 1. Example of a specific development proposal that does not fit within any of the other zones. A development
in the ID Zone requires a rezoning application but a proponent can propose unique zoning standards that the Council
can approve after a public hearing.
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1. Subject to general provisions under section 4, any land, building or
structure in the S Zone may be used for the purposes of:
MAIN USES
a.
One or more of the following main uses:
i.
camp;
ii. dwelling;
iii. institutional use;
iv. parks & open space use; and,
v. residential cluster development.
b. In addition to main uses permitted under section 5.2.1(a), one or
more of the following main uses with a combined gross floor area of
less than 200 m2:
i.
agricultural use;
ii. commercial use; and,
iii. water-dependent fishery use.
SECONDARY USES
c.
One of the following secondary uses:
i.
small-scale secondary use; and,
ii. short-term rental.
ACCESSORY USES
d. One or more accessory uses, buildings, and structures, including:
i.
accessory dwelling unit; and,
ii. accessory commercial unit.
1. No development shall be undertaken nor shall any land, building or
structure be used within the S Zone unless the following standards are
met:
a.
The S Zone standards as numbered on the diagram 'Figure 2. Site
Requirements' are complied with; and,
b. The general provisions under section 4 are complied with.
5.2.1 S Zone Permitted Uses
5.2 Rural Settlement (S) Zone
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5.2.2 S Zone Standards
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FIGURE 2. SITE REQUIREMENTS
S ZONE
ii. Accessory
buildings:
subject to
section 4.9
iii. min. lot size: 4,000 sq. m or 672 sq. m
where a lot is serviced by a sewer system
for public use.
i.
min. setback, rear yard: 4.5 m
v.
max. lot coverage: 35%
vii. min. frontage: 54 m, or 23 m where
a lot is serviced by a sewer system for
public use.
x. min. lot depth: 38 m
Streets or other access
ix. required buffer per section 4.24
viii. min. flankage yard: 7.5 m
iv. min. setback, side yard: 3 m
vi. min. setback, front yard: 7.5 m
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1. Subject to general provisions under section 4, any land, building or
structure in the I Zone may be used for the purposes of:
MAIN USES
a.
One or more of the following main uses:
i.
agriculture use.
ii. commercial use;
iii. forestry use;
iv. light industrial use;
v. private utility use;
vi. utility use;
vii. resource excavation use; and,
viii. water-dependent fishery use.
b. In addition to main uses permitted under section 5.3.1(a), one or
more of the following main uses as subject to terms and conditions
as may be applied by the advisory committee:
i.
heavy industrial use.
SECONDARY USES
c.
One of the following secondary uses:
i.
small-scale secondary use; and,
ii. short-term rental.
ACCESSORY USES
d. One or more accessory uses, buildings, and structures, including:
i.
accessory dwelling unit; and,
ii. accessory commercial unit.
1. No development shall be undertaken nor shall any land, building or
structure be used within the I Zone unless the following standards are
met:
a.
The I Zone standards as numbered on the diagram 'Figure 3. Site
Requirements' are complied with; and,
b. The general provisions under section 4 are complied with.
5.3.1 I Zone Permitted Uses
5.3 Industrial (I) Zone
RURAL PLAN
ZONES
5.3.2 I Zone Standards
FUNDY SHORES
RURAL PLAN
66
FIGURE 3. SITE REQUIREMENTS
I ZONE
ii. Accessory
buildings:
subject to
section 4.9
iii. min. lot size: 4,000 sq. m or 672 sq. m
where a lot is serviced by a sewer system
for public use.
i.
min. setback, rear yard: 4.5 m,
or 0 m for water-dependent
fishery uses.
v.
max. lot coverage: 75%
vii. min. frontage: 54 m, or 23 m where
a lot is serviced by a sewer system for
public use.
x. min. lot depth: 38 m
Streets or other access
ix. required buffer per section 4.24
viii. min. flankage yard: 7.5 m
iv. min. setback, side yard: 4 m
vi. min. setback, front yard: 7.5 m
FUNDY SHORES
RURAL PLAN
67
1. Subject to general provisions under section 4, any land, building or
structure in the C Zone may be used for the purposes of:
MAIN USES
a.
One or more of the following main uses:
i.
conservation use; and,
ii. pre-existing use.
iii. shore protection works.
b. One or more of the following main uses, if located in designated
settlement areas, New River Beach & Coastline or Residential
Growth - Special Policy Areas:
i.
parks & open space use; and,
ii. utility use.
SECONDARY USES
c.
One of the following secondary uses, where the use is setback a
minimum of 30 m from the surface of any wetland or watercourse,
including the Bay of Fundy:
i.
dwelling;
ii. residential cluster development;
iii. camp;
iv. small-scale secondary use; and,
v. short-term rental.
ACCESSORY USES
d. One or more accessory uses, buildings, and structures.
1. No development shall be undertaken nor shall any land, building or
structure be used within the C Zone unless the following standards are
met:
a.
The C Zone standards as numbered on the diagram 'Figure 4. Site
Requirements' are complied with;
b. The general provisions under section 4 are complied with; and,
c.
That the removal of trees in this zone shall be prohibited except in
compliance with an approved site plan on file with the Development
Officer or the removal of individual trees which pose a reasonable
risk to the safety of life or property.
5.4.1 C Zone Permitted Uses
5.4 Conservation (C) Zone
RURAL PLAN
ZONES
5.4.2 C Zone Standards
FUNDY SHORES
RURAL PLAN
68
FIGURE 4. SITE REQUIREMENTS
C Zone
ii. max. lot
coverage:
10%
iii. min. lot size: 4,000 sq. m.
i.
min. setback, all yards, see figure 2.
v.
min. frontage: 54 m
vi. min. lot depth: 38 m
Streets or other access
iv. 75% of lot required to be set aside for
the preservation, maintenance and
growth of trees.
FUNDY SHORES
RURAL PLAN
69
1. Subject to general provisions under section 4, any land, building or
structure in the R Zone may be used for the purposes of:
MAIN USES
a.
One or more of the following main uses:
i.
agricultural use;
ii. parks & open space use;
iii. forestry use;
iv. pre-existing use;
v. private utility use;
vi. resource excavation use; and,
vii. water-dependent fishery use.
b. In addition to main uses permitted under section 5.5.1.(a), one or
more of the following main uses as subject to terms and conditions
as may be applied by the advisory committee:
i.
extractive industrial use.
SECONDARY USES
c.
One of the following secondary uses:
i.
camp;
ii. dwelling;
iii. small-scale secondary use; and,
iv. short-term rental.
ACCESSORY USES
d. One or more accessory uses, buildings, and structures, including:
i.
accessory dwelling unit; and,
ii. accessory commercial unit.
1. No development shall be undertaken nor shall any land, building or
structure be used within the R Zone unless the following standards are
met:
a.
The R Zone standards as numbered on the diagram 'Figure 5. Site
Requirements' are complied with; and,
b. The general provisions under section 4 are complied with.
5.5.1 R Zone Permitted Uses
5.5 Rural Resource (R) Zone
RURAL PLAN
ZONES
5.5.2 R Zone Standards
FUNDY SHORES
RURAL PLAN
70
FIGURE 5. SITE REQUIREMENTS
R Zone
ii. Accessory
buildings:
subject to
section 4.9
iii. min. lot size: 2 hectares
i.
min. setback, rear yard: 4.5 m
v.
max. lot coverage: 35%
vii. min. frontage: 54 m, or 108 m for a
lot without frontage on an street.
ix. min. lot depth: 38 m
Streets or other access
viii. min. flankage yard: 7.5 m
iv. min. setback, side yard: 3 m
vi. min. setback, front yard: 7.5 m
FUNDY SHORES
RURAL PLAN
71
FUNDY SHORES
RURAL PLAN
72
FUNDY SHORES
RURAL PLAN
73