By-law PD-009: Zoning By-law (Consolidated to October 2024)
Grand Bay-Westfield, New Brunswick
· adopted 2023-10-10
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By-law No. PD-009: Zoning By-Law CONSOLIDATED to October 2024
By-Law No. PD-009: Zoning By-Law
October 2024
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
Contents
PART 1 - GENERAL CLAUSES .................................................................................. 10
SECTION 1: TITLE AND SCOPE ............................................................................. 10
ADMINISTRATION ............................................................................................................... 10
PURPOSE ............................................................................................................................... 10
SCOPE .................................................................................................................................... 10
SEVERABILITY ...................................................................................................................... 10
REPEAL .....................................................................................................................................11
SECTION 2: OPERATION, INTERPRETATION AND ZONES ........................ 12
2.1
ADMINISTRATION ............................................................................................................... 12
2.2
OTHER BY-LAWS, PERMITS AND LICENSES ............................................................... 12
2.3
ZONING MAPS ..................................................................................................................... 12
2.4
ZONES ..................................................................................................................................... 13
2.5
BOUNDARIES OF ZONES .................................................................................................. 13
2.6
PROPERTIES AFFECTED BY MORE THAN ONE ZONE ............................................. 14
2.7
BY-LAW APPLICABILITY AND ENFORCEMENT ........................................................... 14
2.8
USES ........................................................................................................................................ 14
2.9
MEASUREMENTS AND CALCULATIONS ..................................................................... 15
2.10
POWERS/ROLE OF COUNCIL .......................................................................................... 15
2.11
POWERS/ROLE OF THE PLANNING ADVISORY COMMITTEE ............................... 16
2.12
POWERS OF THE DEVELOPMENT OFFICER ............................................................... 17
2.13
APPLICATIONS AND DEVELOPMENT PERMIT APPROVALS ................................. 18
2.14
DEVELOPMENT PERMIT APPROVALS .......................................................................... 18
2.15
BY-LAW AND SECTION 59 AMENDMENTS ................................................................. 19
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
2.16
DEVELOPMENT ADJACENT TO A STREAM OR WATER COURSE ....................... 19
2.17
PROTECTION OF GROUND WATER CAPACITY ....................................................... 20
SECTION 3: DEFINITIONS ...................................................................................... 21
SECTION 4: GENERAL PROVISIONS AND SPECIAL LAND USE
REGULATIONS ............................................................................................................ 39
4.1
ACCESSORY STRUCTURES AND STORAGE TANKS .............................................. 39
4.2
BUILDINGS ON A LOT ....................................................................................................... 40
4.4
DAY CARES ............................................................................................................................ 41
4.5
FENCES ................................................................................................................................. 42
4.6
GARDEN SUITES ................................................................................................................. 43
4.7
GROUP HOMES: .................................................................................................................. 43
4.8
HEIGHT EXCEPTIONS ........................................................................................................ 44
4.9
HOME OCCUPATIONS ...................................................................................................... 44
4.10
LOTS WITH 15% GRADE ................................................................................................... 45
4.11
MINIMUM FLOOR ELEVATION ABOVE FLOOD LEVEL ........................................... 45
4.12
MINIMUM FRONT YARDS LESS THAN ESTABLISHED BUILDING LINE .............. 45
4.13
FRONTAGE ON CUL-DE-SAC LOTS OR LOTS ON INSIDE CURVES ................... 45
4.14
ACCESS TO COMMERCIAL AND INDUSTRIAL ZONES FROM RESIDENTIAL
ZONES ................................................................................................................................... 45
4.15
RESIDENTIAL DEVELOPMENT NEAR A LAGOON .................................................... 45
4.16
ELEVATION OF NEW RESIDENTIAL STRUCTURES .................................................. 46
4.17
MOBILE HOMES AND MINI-HOMES ............................................................................. 46
4.18
COMMERCIAL DEVELOPMENT ABUTTING A RESIDENTIAL ZONE .................... 46
4.19
REDUCTION OF YARDS ................................................................................................... 46
4.20
SATELLITE DISHES AND COMMUNICATION TOWERS .......................................... 46
4.21
SECONDARY SUITES ......................................................................................................... 47
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
4.22
SITE TRIANGLE ON CORNER LOTS ............................................................................... 47
4.23
STANDARDS FOR DWELLINGS WITH COMMON PARTY WALLS ......................... 47
4.24
SUPPORTIVE HOUSING (INCLUDING SENIORS AND LONG TERM CARE) ........ 47
4.25
SWIMMING POOLS ............................................................................................................ 48
4.25.1
SWIMMING POOL ENCLOSURES ........................................................................................48
4.25.2
SWIMMING POOL ACCESS ..................................................................................................48
4.26
TOURIST HOMES/BED AND BREAKFASTS ................................................................ 48
4.27
UNDERSIZED LOTS ........................................................................................................... 49
4.28
USES PERMITTED IN ALL ZONES .................................................................................. 49
4.29
USES PROHIBITED IN ALL ZONES ................................................................................ 50
4.30
UTILITIES AND INFRASTRUCTURE ............................................................................... 50
SECTION 5: PARKING, ACCESS, LOADING & LIGHTING ............................ 53
5.1
GENERAL PROVISIONS FOR PARKING ....................................................................... 53
5.1.1
LOCATION OF PARKING FACILITIES ................................................................................53
5.1.2
COMMERCIAL VEHICLES IN RESIDENTIAL ZONES ......................................................53
5.1.3
PARKING SPACE DIMENSIONS ...........................................................................................53
5.1.4
LANDSCAPING .......................................................................................................................53
5.1.5
ACCESS TO ZONES, EXCLUDING COMMERCIAL ZONES AND INDUSTRIAL ZONES
54
5.1.6
ACCESS TO COMMERCIAL ZONES AND INDUSTRIAL ZONES ....................................54
5.1.7
QUEUING SPACE ....................................................................................................................55
5.1.8
ACCESS TO PARKING LOTS AND SPACES .......................................................................55
5.1.9
DESIGN OF PARKING LOTS .................................................................................................56
5.1.10
MULTIPLE USE OF SITE ........................................................................................................56
5.1.11
CONVERSIONS .......................................................................................................................56
5.1.12
BARRIER FREE PARKING SPACES .....................................................................................57
5.1.13
BICYCLE PARKING ...............................................................................................................57
5.2
PARKING REQUIREMENTS .............................................................................................. 58
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
5.2.1
PARKING CALCULATIONS ..................................................................................................58
5.3
LOADING AND UNLOADING AREAS ............................................................................ 60
5.3.1
STANDARDS ...........................................................................................................................60
5.3.2
MINIMUMS ..............................................................................................................................60
5.4
LIGHTING OF SITES ........................................................................................................... 60
SECTION 6: SIGN REGULATIONS ....................................................................... 60
6.1
GENERAL PROVISIONS .................................................................................................... 60
6.1.1
DEFINITIONS ..........................................................................................................................60
6.1.2
SIGN PERMIT REQUIRED .....................................................................................................61
6.1.3
ADDITIONAL PERMITS .........................................................................................................62
6.1.4
SIGNS NOT REQUIRING A PERMIT ....................................................................................62
6.1.5
PROHIBITED SIGNS ...............................................................................................................62
6.1.6
NON-CONFORMING SIGNS ..................................................................................................63
6.1.7
ABANDONED AND UNLAWFUL SIGNS .............................................................................63
6.1.8
SIGNS PER PARCEL OF LAND .............................................................................................63
6.1.9
APPLICATIONS AND PLANS ................................................................................................64
6.1.10
SIGN PERMIT FEE ..................................................................................................................64
6.2
SPECIFIC SIGN PROVISIONS .......................................................................................... 64
6.2.1
CANOPY SIGNS ......................................................................................................................64
6.2.2
DIRECTORY SIGNS ................................................................................................................65
6.2.3
FASCIA SIGNS.........................................................................................................................65
6.2.4
FREESTANDING SIGNS .........................................................................................................65
6.2.5
PROJECTING SIGNS ...............................................................................................................66
6.2.6
PORTABLE SIGNS AND SANDWICH BOARD SIGNS .......................................................66
PART 2 - ZONES ......................................................................................................... 67
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
SECTION 7: RESIDENTIAL ..................................................................................... 67
7.1
RESIDENTIAL ZONES ......................................................................................................... 67
7.2
ONE UNIT RESIDENTIAL (R-1) .......................................................................................... 68
7.2.1
PERMITTED USES ..................................................................................................................68
7.2.2
CONDITIONAL USES .............................................................................................................68
7.2.3
STANDARDS ...........................................................................................................................68
7.2.4
CONDITIONS OF USE: GROUND FLOOR AREA CALCULATIONS ................................69
7.2.5
ONE AND TWO UNIT RESIDENTIAL (R2) ..........................................................................70
7.2.6
MULTIPLE RESIDENTIAL (R-3) ...........................................................................................72
7.2.7
MOBILE HOME RESIDENTIAL (MHP) ................................................................................73
7.2.8
RURAL RESIDENTIAL (RR) ..................................................................................................75
SECTION 8: COMMERCIAL .................................................................................... 77
8.1
COMMERCIAL ZONES ....................................................................................................... 77
8.1.1
CENTRAL COMMERCIAL (CC) ............................................................................................77
8.1.2
CONDITIONS OF USE ............................................................................................................79
8.1.3
GENERAL COMMERCIAL (GC)............................................................................................81
8.1.4
HIGHWAY COMMERCIAL (HC) ...........................................................................................83
8.1.5
MIXED USE (MU) ....................................................................................................................85
SECTION 9: INDUSTRIAL ....................................................................................... 87
9.1
GENERAL PROVISIONS FOR INDUSTRIAL ZONES ................................................... 87
9.1.1
LANDSCAPING REQUIREMENTS .......................................................................................87
9.1.2
PROPERTY ABUTTING RAILWAY ......................................................................................87
9.1.3
OUTSIDE STORAGE ...............................................................................................................87
9.1.4
SALVAGE OR WASTE DISPOSAL FACILITY, RECYCLING FACILITY OR JUNK YARD
87
9.2
INDUSTRIAL ZONES .......................................................................................................... 88
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
9.2.1
LIGHT INDUSTRIAL (LI) .......................................................................................................88
9.2.2
PITS AND QUARRIES (P&Q) .................................................................................................90
SECTION 10 : INSTITUTIONAL ZONES .............................................................. 91
10.1
INSTITUTIONAL (INST) ....................................................................................................... 91
10.1.1
PERMITTED USES ..................................................................................................................91
10.1.2
STANDARDS ...........................................................................................................................91
SECTION 11: PARK/GREEN SPACE ...................................................................... 92
11.1
PARK/GREEN SPACE (P) ................................................................................................... 92
11.1.1
PERMITTED USES ..................................................................................................................92
11.1.2
CONDITIONAL USES .............................................................................................................92
11.1.3
STANDARDS ...........................................................................................................................92
SECTION 12: ENVIRONMENTAL PROTECTION ZONE ................................ 93
12.1
ENVIRONMENTAL PROTECTION (EP) .......................................................................... 93
12.1.1
PERMITTED USES ..................................................................................................................93
12.1.2
CONDITIONAL USES .............................................................................................................93
12.1.3
STANDARDS ...........................................................................................................................93
SECTION 13: RURAL RESOURCE ........................................................................ 94
13.1
RURAL RESOURCE ZONE (RU) ....................................................................................... 94
13.1.1
PERMITTED USES ..................................................................................................................94
13.1.2
CONDITIONAL USES .............................................................................................................94
13.1.3
CONDITIONS OF USE ............................................................................................................94
13.1.4
STANDARDS ...........................................................................................................................95
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
SECTION 14: MUSQUASH WATERSHED PROTECTED AREA .................... 96
14.1
MUSQUASH WATERSHED PROTECTED AREA (MWPA)......................................... 96
14.1.1
PERMITTED USES ..................................................................................................................96
14.1.2
MWPA SUBZONE 1 ................................................................................................................96
14.1.3
MWPA SUBZONE 2 ................................................................................................................96
14.1.4
MWPA SUBZONE 3 ................................................................................................................96
14.1.5
WATERSHED PROTECTED AREA STANDARDS TO PREVAIL ......................................97
SECTION 15: FLOOD OVERLAY ZONE .............................................................. 98
15.1.1
FLOOD OVERLAY ZONE ......................................................................................................98
15.1.2
CONDITIONAL USES .............................................................................................................98
SECTION 16: EXCAVATION OF MATERIALS .................................................. 100
16.1
DEFINITIONS ...................................................................................................................... 100
16.2
PERMIT REQUIRED ........................................................................................................... 100
16.3
APPLICATION ..................................................................................................................... 100
16.4
INFORMATION REQUIRED ............................................................................................. 100
16.5
FEES ....................................................................................................................................... 101
16.6
PERIOD OF VALIDITY ........................................................................................................ 101
16.7
REQUIREMENTS ................................................................................................................. 101
16.8
RESTRICTIONS .................................................................................................................... 101
16.9
OTHER TERMS AND CONDITIONS .............................................................................. 102
16.10
PERIOD OF VALIDITY ....................................................................................................... 103
16.11
REHABILITATION ............................................................................................................... 103
16.12
REVOKING OF PERMIT .................................................................................................... 103
16.13
FAILURE TO REHABILITATE ........................................................................................... 103
16.14
PERMIT NOT REQUIRED ................................................................................................. 104
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
SECTION 17: STRIPPING OF TOP SOIL ........................................................... 105
17.1
GENERAL ............................................................................................................................. 105
17.2
EXEMPTION ........................................................................................................................ 105
17.3
SOD FARMING ................................................................................................................... 105
SECTION 18: BY-LAW REPEAL ............................................................................ 106
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
PART 1 - GENERAL CLAUSES
SECTION 1: TITLE AND SCOPE
ADMINISTRATION
This By-law may be cited as "The Zoning By-law".
PURPOSE
divides the Town into zones;
prescribes, subject to powers vested in the Council, the
Development Officer, and the Planning Advisory Committee;
i) the purposes for which land, buildings and structures and any zone may
be used, and;
ii) standards to which land use, placement and use of buildings and
structures must conform, and
prohibits the use, placement, erection or alteration of land,
buildings structures other than in conformity with the purposes
and standards mentioned in clause (b).
SCOPE
No building or structure shall be erected, altered, or demolished, nor the
use of any building, structure or lot be changed unless a
Development/Building
permit
has
been
issued
and
no
Development/Building permit shall be issued unless all of the provisions
of this By-law are satisfied.
Nothing in this By-law shall exempt any person from complying
with the requirements of the Building By-law, Subdivision By-
law, or any other By-law in force within the Town of Grand Bay-
Westfield or to obtain any license, permission, permit authority
or approval required by this or any other By-law of the Town, or
other lawful authority.
Where the provisions of this By-law conflict with those of any
other municipal, provincial or federal regulations, By-laws or
codes including regulations pertaining to on-site sewage
disposal systems, the higher or more stringent requirements
shall prevail.
SEVERABILITY
If any provision of the By-law is declared by a court or tribunal of competent
jurisdiction to be invalid, that ruling shall not affect the validity of any other provision
herein, nor of the By-law as a whole.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
REPEAL
By-law #112, Town Grand Bay-Westfield Zoning By-law and amendments
thereto, is hereby repealed.
Notwithstanding the repeal of the By-law detailed in paragraph
(a):
i) Section 59 Conditions, pursuant to the Community Planning Act, which
have been registered prior to the coming into force of this By-law shall
remain in force;
ii) Nothing in this By-law will prohibit a development for which a permit was
granted by the Development Officer prior to the coming into force of this
By-law, but any time limits established by such permit shall continue to
operate.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
SECTION 2: OPERATION, INTERPRETATION AND ZONES
2.1
ADMINISTRATION
The Development Officer for the Town of Grand Bay-Westfield shall be charged
with the general administration of this By-law.
2.2
OTHER BY-LAWS, PERMITS AND LICENSES
Nothing in this By-law shall relieve any person from the obligation to
comply with the requirements of the Building By-law or any other By-law
of the Town of Grand Bay-Westfield in force from time to time, or the
obligation to obtain any license, permit, authority or approval required
under any By-law of the Town of Grand Bay-Westfield. Where there is a
conflict between the Grand Bay-Westfield Municipal Plan By-law and this
By-law, the Grand Bay-Westfield Municipal Plan By-law prevails.
Applicants applying for development and building permits are
responsible to obtain all other approvals and permit, required
by applicable Provincial legislation.
2.3
ZONING MAPS
The "Town of Grand Bay-Westfield Zoning Map" forms Schedule "A" of this By-law.
The Zoning Map divides the Town of Grand Bay-Westfield into zones, for which the
regulatory provisions of this By-law apply. Schedule "B" of this By-law provides the
Flood Overlay Zone mapping.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
2.4
ZONES
ZONE
SYMBOL
One Unit Residential
R1
One and Two Unit Residential
R2
Multi-Unit Residential
R3
Rural Residential
RR
Mobile Home Park
MHP
Central Commercial
CC
Mixed Use
MU
General Commercial
CG
Highway Commercial
HC
Light Industrial
LI
Pits and Quarries
P&Q
Institutional
Inst
Environmental Protection
EP
Parks / Green Space
P
Rural Resource
RU
Musquash Watershed Protection Area
MWPA
Flood Overlay Zone
FO
2.5
BOUNDARIES OF ZONES
Boundary lines relating to this By-law are shown on the Zoning Map, Schedule "A".
In the case where the zone
substantially follows a street, lane, railway right-of-way or water course,
the centre line of such feature is the boundary;
substantially follows lot lines shown on the registered plan of
subdivision, such lines are the boundaries;
runs substantially parallel to a street line and the distance from
the street line is not indicated, the boundary shall be deemed
to be parallel to such street line and the distance from the street
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
line shall be determined according to the scale shown on the
zoning map;
follows the shoreline of a river or water course, the mean high
water mark is the boundary;
follows a street or lane and the street or lane is subsequently
closed, the land in the closed street or lane is included in the
zone of the abutting land, and if such street or lane forms the
boundary between two or more different zones, the centre line
of the closed street or lane is the boundary.
2.6
PROPERTIES AFFECTED BY MORE THAN ONE ZONE
Where a lot is situated within more than one zone, the provisions of each zone shall
be applied to the corresponding areas of the lot.
2.7
BY-LAW APPLICABILITY AND ENFORCEMENT
No person shall within any zone use any land or place, erect, alter, or use any
building or structure except in accordance with the provisions of this By-law.
2.8
USES
If a use is not listed as a permitted or accessory use in a
particular zone, it is hereby deemed to be a prohibited use in
that zone unless determined to be a similar use by the Planning
Advisory Committee in accordance with Section 2.11 of this By-
law.
Where this By-law provides that any land may be used, or that
a building or structure may be erected or used for a purpose,
the purpose is deemed to include any use accessory or
ancillary thereto, subject to the requirements of that zone.
When two or more permitted uses are located or are to be
located in one building or on one lot, and when the regulations
applicable to these uses are different, and unless otherwise
specified, the most restrictive regulations shall be deemed to
be in force for that lot or building.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
2.9
MEASUREMENTS AND CALCULATIONS
Numerical requirements in this By-law are provided in metric
units of measurement.
A numerical requirement shall be determined by measuring the
closest distance in a straight line made along a horizontal plane
and not by following the topography or slope of the land except
as otherwise provided by this By-law.
Where the calculation of a numerical requirement results in a
fraction:
i) A fraction of less than one-half shall not be taken into consideration; and
ii) A fraction of one-half or more shall require rounding to the next higher
full number.
2.10
POWERS/ROLE OF COUNCIL
1) Non-Conforming Use
a) Pursuant to subsection 61(1) of the Community Planning Act, Council may
require that any land, building or structure containing a non-conforming
use shall be maintained and kept in a condition appropriate to the area
in which it is located, in accordance with the standards prescribed by
Council.
Pursuant to subsection 61(3) of the Community Planning Act, if
the standards prescribed under paragraph (a) are not complied
with, Council may perform, at the expense of the owner or
occupier, the work required to meet the standards, or require
the termination of the use.
2) Satisfactory Servicing
a) No building may be erected within the Town if, in the opinion of Council,
satisfactory arrangements have not or cannot be made for the supply of
electrical power, water, sewerage, streets, and other services and
utilities.
b) New development must have frontage onto a street in keeping with the
standards and provisions of the Subdivision Bylaw.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
2.11 POWERS/ROLE OF THE PLANNING ADVISORY COMMITTEE
The Planning Advisory Committee is an appointed body under sections 3 to 8 of
the Community Planning Act. The Planning Advisory Committee's role is to advise
and make recommendations to Council on matters relating to community planning,
to give its views on any By-law proposed to be made under the Community Planning
Act, and to exercise the powers and perform the duties given to it by the Community
Planning Act or Council.
1) Conditional Uses
a) Conditional uses are approved subject to terms and conditions imposed
by the Planning Advisory Committee.
b) Conditional uses may be prohibited by the Planning Advisory Committee
where compliance with terms and conditions imposed under clause (a)
cannot be reasonably expected.
c) Conditional uses are listed under each zone as "Conditional Uses".
d) Council may enter into an agreement to assure the performance of the
terms and conditions set out in subsection 2.11 (1)(a).
2) Similar or Compatible Uses
a) Pursuant to Section 55(1) of the Community Planning Act, the Planning
Advisory Committee may permit, subject to the terms and conditions it
considers fit, a proposed use of land or a building that is otherwise not
permitted under the zoning By-law, if in its opinion, the proposed use is
similar to or compatible with a use permitted in the By-law for the zone
in which the land or building is situated.
3) Temporary Approvals
Pursuant to Section 53(2)(i)(ii) of the Community Planning Act, the
Planning Advisory Committee may, subject to terms and conditions it
considers fit:
i.
Authorize for a temporary period not exceeding one year, a
development otherwise prohibited by this By-law.
ii.
Authorize, for an additional temporary period not exceeding one
year, a development otherwise prohibited by this By-law if:
The applicant holds an authorization under section 2.11(3)(a)(i)
that is to expire or has expired;
i)
An application to amend this By-law including a rezoning
application has been made; and
ii)
The Planning Advisory Committee has received a resolution
from Council confirming that Council will consider the
application referred to in subsection 2.11(3)(a)(ii)(2).
iii)
Require the termination or removal of a development
authorized under subsection 2.11(3)(a)(i) or (ii) at the end of the
authorized period.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
4) Variances
Pursuant to section 55(1)(b) of the Community Planning Act, the Planning
Advisory Committee may permit, subject to the terms and conditions it
considers fit, a reasonable variance from the requirements of this By-law
if, in its opinion, it is desirable for the development of a parcel of land or
a building or structure and is in keeping with the general intent of this
By-law and the Town's Municipal Plan.
5) Delegated Authority
Pursuant to section 53(2)(j) of the Community Planning Act, the Planning
Advisory Committee may delegate its authority to the Development
Officer.
2.12
POWERS OF THE DEVELOPMENT OFFICER
1) Encroachment Occurring in Good Faith
Pursuant to subsections 53(7) and 53(8) of the Community Planning Act,
if the location of a building or structure encroaches up to 60 cm on a set
back requirement under subsection 53(2)(a)(v) of the Community
Planning Act, or encroaches up to 30 cm on a yard requirement under
subsection 53(2)(a)(iv) of the Community Planning Act, the encroachment
does not constitute a violation of the requirements of this By-law if the
Development Officer determines the encroachment to have occurred in
good faith.
2) Development Officer Variances
Pursuant to Section 55(2) of the Community Planning Act and subject to
the terms and conditions they consider fit, the Development Officer may
permit a reasonable variance from the requirements referred to in
subsections 53(2)(a)(i), (iii), (iv), (v), (vii), (viii), (ix), and (xiii) of the
Community Planning Act and referenced in the list below, if the
Development Officer is of the opinion that the variance is desirable for
the development of a parcel of land or a building or structure and is in
keeping with the general intent of this By-law and the Town's Municipal
Plan.
i) 53(2)(a)(i) the minimum size and dimensions of lots and other parcels into
which land may be subdivide, and the minimum and dimensions of land
required for a particular class of use or size of building or structure;
ii) 53(2)(a)(iii) the height, number of storeys, ground area, floor area and bulk
of buildings and structures;
iii) 53(2)(a)(iv) the percentage of land that may be built on, and the depth,
size or area of yards, courts, parking areas and open spaces;
iv) 53(2)(a)(v) the placement, location and arrangement of buildings and
structures, including their setting back from the boundaries of streets and
other public areas, and from rivers, streams or other bodies of water;
v) 53(2)(a)(vii) the placement, height, and maintenance of fences, walls,
hedges, shrubs, trees, and other objects;
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
vi) 53(2)(a)(ix) the facilities to be provided and maintained for off-street
parking and loading of vehicles;
vii) 53(2)(a)(xiii) the location, dimensions, standards of construction and
purposes of advertising signs and billboards
2.13
APPLICATIONS AND DEVELOPMENT PERMIT APPROVALS
1) Council and Advisory Committee Applications
Council applications include:
i) Amendment to the Town's Municipal Plan
ii) Amendment to this By-law
iii) A resolution pursuant to Section 59 of the Community Planning Act
Planning Advisory Committee Applications include:
i) Similar or Compatible Uses
ii) Temporary Approvals
iii) Non-Conforming Uses
iv) Variances
Development Officer Applications include:
i) Variances, pursuant to subsection 2.12(2)(a)
ii) Development Permits
Applications submitted under (a), (b), and (c) shall be submitted
in the form prescribed by the Development Officer and
accompanied by the appropriate fee. An application shall be
signed by the registered lot owner or an authorized agent
thereof. ZBL 122A (July 2021)
2) Development Permit Fees
An application submitted under subsection (c)(ii) of this section shall be
submitted in the form prescribed by the Development Officer and
accompanied by a fee of $50. ZBL 122A (July2021)
2.14
DEVELOPMENT PERMIT APPROVALS
1) Development Permit Required
a) Pursuant to subsection 53(2)(b) of the Community Planning Act, a permit
must be obtained when:
i) A change in the purpose for which land or a building or structure is used;
ii) The use of land, buildings and structures is for the purpose of displaying
advertising signs or billboards, or
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
iii) An excavation of sand, gravel, clay, shale, limestone, or other deposits
for purposes of the sale or other commercial use of the material
excavated is proposed.
2) Development Permit Not Required
Notwithstanding subsection 2.14(1), the following developments do not
require a development permit, but may require a building permit under
the Town's Building By-law:
i) Alterations to the interior of a building that do not change the use;
ii) Alterations to the exterior of a building that does not increase the exterior
dimensions or size; and
iii) Changes to the copy of a sign where the sign copy does not increase.
2.15
BY-LAW AND SECTION 59 AMENDMENTS
a) A person who seeks to have this By-law amended shall address a written
and signed application to Council in a form satisfactory to Council along
with the applicable fee of $1,000, or as prescribed by Council.
Council may, if it deems fit, return all or any part of the fee
mentioned in subsection (a).
An application under this section shall include such information
as may be required by Council for the purpose of adequately
assessing the desirability of the proposal.
Council may refuse to consider an application under this
section if such applications:
i) Seeks to change an area of land from one type of zoning to another
contrary to the designation of the land in the Municipal Plan; or
ii) Has not been signed by all registered owners of each property proposed
for rezoning or an agent or agents for all of the owners.
Where a property abuts a line separating designations in the
Municipal Plan, it may be considered to be within either
designation for the purposes of considering an amendment to
this By-law.
2.16
DEVELOPMENT ADJACENT TO A STREAM OR WATER COURSE
Subject to the provisions of the relevant provincial regulations and, notwithstanding
any provision of this By-law, no person shall erect a building or structure within 30
metres of the high water mark of a stream or water course, as determined by the
Development Officer, without approval from the Planning Advisory Committee and
such terms and conditions as may be imposed by the Committee and the
Department of Environment.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
2.17
PROTECTION OF GROUND WATER CAPACITY
In setting out terms and conditions for any rezoning or discretionary use that
involves permanent or temporary accommodation of large numbers of people
(commercial/institutional or residential uses) or a business/industry that uses a large
quantity of water, the Planning Advisory Committee and/or Council will require
sufficient evidence (engineering report, hydrogeological study, etc.) to be reviewed
by the Town Engineers, to consider that there is adequate capacity not to adversely
affect existing wells on adjacent property.
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SECTION 3: DEFINITIONS
In this By-law,
1)
ACCESS means an access, exit, or driveway from a street to a lot.
2)
ACCESSORY, BUILDING means a detached subordinate building, not used
for human habitation, located on the same lot as the main building, structure
or use to which it is accessory, the use of which is naturally or customarily
incidental and complementary to the principal use of the land, building or
structure.
3)
ACCESSORY BUILDING OR STRUCTURE means a building that is
incidental, subordinate, and exclusively devoted to the main use, main
building, or structure located on the same lot.
4)
ACCESSORY USE means a permitted use in a zone that is incidental to and
exclusively devoted to a main use of any land, building, or structure located
on the same lot.
5)
ACCOMMODATION means an establishment that provides lodging for
travellers or transients, and includes but is not limited to, a bed and
breakfast, hotel, or motel but does not include a hostel or rooming house.
6)
ACTIVE TRANSPORTATION means modes of transportation that rely on
human power including, but not limited to, walking, jogging, cycling, in-line
and roller skating, skateboarding, wheel chairing, snowshoeing, and skiing.
7)
ACT means the Community Planning Act (S.N.B. 2017, c. 19)
8)
ADULT CABARET means a nightclub, bar, restaurant, or similar
establishment that features live performances that are characterized by the
exposure of specified anatomical areas or by specified sexual activities.
9)
ADULT ENTERTAINMENT USE means any adult use including adult
arcades, adult cabarets, adult motion picture theatres, adult retail
outlets/bookstores, escort service and massage parlors.
10)
ADULT MOTION PICTURE THEATRE means any establishment where, for
any form of consideration, films, motion pictures, video cassettes, digital
video discs, or other photographic reproductions are shown which are
characterized by an emphasis on the depiction or description of specified
sexual activities or specified anatomical areas.
11)
ADULT RETAIL OUTLET / BOOKSTORE means an establishment with the
principle purpose to offer sale or rent, for any form of consideration, and of
the following:
books, magazines, periodicals, or other printed matter, or
photographs, films, motion pictures, video cassettes, digital
video discs, slides, or other visual representations that are
characterized by an emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas; or
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
instruments, devices, or paraphernalia that are designed for use
in connection with sexual activities.
12)
AGRICULTURAL USE means any use of land for the purpose of producing
crops and/or keeping, grazing, breeding, raising, boarding or training of
livestock, whether or not for commercial purposes, and includes but is not
limited to: cattle, horses, ponies, donkeys, pigs, sheep, goats, rabbits,
poultry, fish in keeping with the Town's Animal Control By-law; and can
include: tillage of soil, growing and harvesting vegetables, fruit and field
crops, sod farming, stripping of topsoil or excavation of sand and gravel,
commercial plant nursery or greenhouse, bee keeping, riding school, and
riding stable. ZBL 122C 2023
13)
ALTER means to make any change, structural or otherwise, which is not for
the purpose of maintenance only in a building or structure and includes a
change of use.
14)
AUTO SERVICE DRIVE-THRU means a drive-thru facility designed for the
express servicing of vehicles where a person may be permitted to remain in
their vehicle, and includes, but is not limited to, a quick-lube or quick-oil
change business.
15)
BACHELOR OR STUDIO APARTMENT means a dwelling in which the
sleeping and living areas are combined into one habitable room with kitchen
and sanitary facilities.
16)
BAKERY means an establishment for preparing, cooking, baking, and selling
of products for public consumption.
17)
BALCONY means a horizontal platform attached to a building above the first
storey floor level that is intended for use as an outdoor amenity space.
18)
BAR, LOUNGE, OR NIGHTCLUB means an establishment licensed as a
Lounge under the Liquor Control Act where liquor is served to the public,
which may include live entertainment as a secondary use.
19)
BARRIER FREE PARKING SPACE means a parking space designed for the
exclusive use of a person with a disability who displays on or in a vehicle a
disabled persons identification plate, permit or placard issued under the
authority of the Motor Vehicle Act.
20) BASEMENT means that portion of a building between two floor levels which
is partly underground and which has at least one-half of its height from the
finished ceiling above grade.
21)
BED & BREAKFAST means for the purpose of this plan, a tourist home as set
out in Section 4.26, within a private dwelling, which is the principal residence
of the owner/operator providing temporary accommodations and shared
common living space with travelers or transients on a year-round basis,
serving breakfast to guests but no other meals, and may have up to three (3)
sleeping units.
22) BILLBOARD SIGN means a ground sign that displays third-party advertising.
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23) BOARDING HOUSE means a dwelling in which lodging and meals are
regularly provided for compensation to three or more persons other than the
occupant and their relatives, but does not include a hotel, motel, hospital,
tourist home, or other establishment otherwise classified or defined in this
By-law.
24) BUILDING means any structure which is used or intended to be used as a
shelter for the accommodation of persons, animals or chattels, but does not
include a trailer or mobile home.
25) BUILDING, MAIN OR PRINCIPLE means a building in which is conducted the
main or principal use of the lot on which the building is located.
26) BUILDING LINE means any line defining the position of a building or
structure on a lot.
27) BUSINESS OFFICE means an establishment where one or more persons are
employed in the conduct, direction, or management of an agency, business,
brokerage, labour, or fraternal organization, but does not include such uses
as an assembly or storage of goods, manufacture, a place of amusement or
assembly, or retail sales.
28) CANNABIS means cannabis as defined by the Government of Canada,
pursuant to the Federal Cannabis Act, and the Provincial Cannabis Control
Act.
Main Building
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
29) CANNABIS PRODUCTION FACILITY means a facility and premises
authorized by a license issued pursuant to the Federal Cannabis Act for
growing, producing, testing, destroying, storing, or distribution of cannabis
but does not include the retail sale of cannabis or cannabis related products.
30) CANNABIS RETAIL SALES means the sale of cannabis or cannabis related
products to the general public.
31)
CAR WASH means an establishment for the public where a vehicle is
washed within a building or within a permanent structure, but does not
include a mobile car wash.
32) CARETAKER DWELLING means a dwelling unit for the residence of an
individual involved with the maintenance and security of a lot.
33) CAR PORT means a building or structure without walls on at least two sides
used for the parking or storage of a motor vehicle.
34) CEMETERY means any land, building, or structure used for burying or
interring the dead, and may include associated building for grounds keeping,
equipment storage, or administrative office space.
35) CLEAN WATER ACT means the Clean Water Act, SNB 1989, c C-6.1, of the
Province of New Brunswick.
36) COMMERCIAL ENTERTAINMENT means any use where amusement or
entertainment is provided to the public for a fee, such as, but not limited to,
an arcade, auditorium for the performing arts, bingo hall, bowling alley,
cinema, theatre, or other such amusement place, but does not include an
adult entertainment use.
37) CELLAR means that portion of a building between two floor levels which is
underground to the extent that more than one-half of its height is below
grade.
38) COMMERCIAL GARAGE means any building or enclosure in which motor
vehicles are stored or repaired but not including body shops.
39) COMMITTEE means the Planning Advisory Committee established by the
Council.
40) COMMERCIAL RECREATION means an outdoor recreational use such as,
but not limited to, boating, camp site rental, recreational vehicle parking,
tourist cabin rental, golfing, skiing, or swimming, but does not include motor
vehicle racing.
41)
COMMERCIAL USE means any permitted use where the primary purpose is
to sell, lease, or rent a product or service directly to the public, including, but
not limited to, retail sales, commercial entertainment, or personal or
professional services, but does not include any residential use.
42) COMMERCIAL VEHICLE means a vehicle that is licensed as a commercial
vehicle under the Motor Vehicle Act. This would include such non-private
passenger vehicles such as, but not limited to, an authorized emergency
vehicle, bus, farm tractor, non-repairable vehicle, road tractor, semitractor, or
taxicab.
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43) COMMON WALL means a wall erected along a lot or part-lot boundary partly
on the land of one owner and partly on the land of another that provides
common support to the structure on both sides of said boundary.
44) CONDITIONAL USE means those uses of land, buildings and structures
which may only be permitted subject to Planning Advisory Committee
approval, and such terms and conditions as determined by the Committee.
45) CONVENIENCE STORE means a retail store not exceeding 300 square
metres in gross floor area, which serves the daily or occasional needs of the
residents of the immediate area with a variety of goods such as groceries,
meats, beverages, dairy products, patent medicines, sundries, tobacco,
hardware, magazines and newspapers.
46) CONVENIENCE CENTRE, LOCAL means a commercial convenience
development having a maximum gross leasable area of 1,000 square metres
and a maximum of three stores.
47) COUNCIL means the Town Council of the Town of Grand Bay-Westfield.
48) CUL-DE-SAC means a street designed to have one end permanently closed,
with the closed end terminated by a vehicular turnaround (or Bulb), and
which does not intersect with another street.
49) DAY CARE CENTRE means an establishment that provides care and
supervision for up to 60 children as regulated by the Family Services Act or
the Early Childhood Services Act.
50) DAY CARE, NEIGHBOURHOOD means an establishment for the provision
of care and supervision of 6 to 15 children operating in a residential area.
51)
DECK means a horizontal accessory structure, erected above grade
intended for use as outdoor amenity space, which may include a railing or
privacy lattice along the sides.
52) DEVELOPMENT means (a)the altering, erecting, placing, relocating,
removing, demolishing, repairing, or replacing of a building or structure other
than utility poles and wires, traffic control devices, pipelines as defined in the
Pipeline Act, 2005; (b) any change in the purpose for which any land,
building, or structure is used; (c) any excavation of sand, gravel, clay, shale,
limestone, or other deposit for a development as defined in (a) or for
purposes of the sale or commercial use of the excavated material; or (d) the
making of land by cutting or filling in excess of 1 metre.
53) DRIVE-IN BUSINESS means an establishment which services customers
traveling in motor vehicles driven onto the site where such business is
carried on and where normally the customer parks the motor vehicle for a
short period of time for the purpose of doing business at the premises.
54) DRIVE-THRU BUSINESS means an establishment which is designed to
provide either wholly or, in part, service to customers while in their
automobiles.
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55) DWELLING means a building or portion thereof, used for residential
occupancy, containing one or more separate dwelling units, but does not
include hotels and motels.
56) DWELLING, CONVERTED means a building originally constructed as a one-
unit dwelling or two-unit dwelling that has been lawfully converted into a
two-unit dwelling or a multiple dwelling.
57) DWELLING, DUPLEX means a separate building divided horizontally into an
upper and a lower separate dwelling unit each of which has an independent
entrance, either directly or through a common vestibule.
58) DWELLING, MULTIPLE means a dwelling containing more than two dwelling
units.
59) DWELLING, ONE-UNIT refers to a detached building having independent
exterior walls and containing only one dwelling unit.
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60) DWELLING, SEMI-DETACHED means a separate building divided vertically
into two dwelling units each of which has an independent entrance directly
or through a common vestibule.
61)
DWELLING, TINY HOME means any dwelling other than a mobile home that
is intended for both seasonal or year-round use. It is intended to be a
primary dwelling and is designed to have permanent provisions for living,
sleeping, eating, cooking, and sanitation, with a minimum size of 45 m2 and
maximum size of 60 m2.
62) DWELLING, TWO-UNIT means a duplex or semi-detached dwelling.
63) DWELLING, MINI HOME means any dwelling other than a mobile home that
is manufactured and designed to be transported as one integral unit. A mini
home is a minimum of 4.88 metres wide and a maximum of 5.0 metres wide
(excluding eaves), a maximum of 21 metres in length and a maximum of 4.4
metres in height.
64) DWELLING, MOBILE HOME means a manufactured, movable or portable
dwelling unit constructed to be towed to its appropriate site on its own
chassis, connected utilities and designed for year-round living. It may consist
of one or more parts that can be folded, collapsed or telescoped for towing
to the appropriate site and expanded later for additional cubic capacity to be
jointed into one integral unit. The mobile home must contain sleeping
accommodation, a flush toilet, a tub or shower, bath and kitchen facilities
with plumbing and electrical connections provided for attachment to outside
systems.
65) DWELLING, MOBILE TINY HOME means a manufactured, moveable or
portable dwelling unit constructed to be towed to its appropriate site on its
own chassis, and intended for both seasonal or year-round use. It may
consist of one or more parts that can be folded, collapsed or telescoped for
towing to the appropriate site and expanded later for additional cubic
capacity to be jointed into one integral unit. It is designed to have permanent
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
provisions for living, sleeping, eating, cooking, and sanitation, with a
minimum size of 45 m2 and maximum size of 60 m2.
66) DWELLING, ROW OR TOWNHOUSE means housing consisting of a building
containing a row of three or more dwellings joined in whole or in part by
vertical common walls. Each dwelling shall have separate and direct access
to grade.
67) DWELLING UNIT means a room or suite of two or more rooms with one
mailing address for use, or intended for use by one or more individuals in
which kitchen and sanitary conveniences 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, but does not include hotel, motel,
boarding and/or lodging or rooming house, or recreational vehicle.
68) ERECT means to construct, build, assemble or relocate a building or
structure, and any physical operations preparatory thereto.
69) EXCAVATION OF LAND means any act, operation, or process by which
earth, sand, gravel, stone, rock, clay, or similar material is cut into, dug,
uncovered, removed, displaced, relocated, or bulldozed, including the
conditions resulting therefrom, provided the excavation extends to a depth
of 1 metre below the undisturbed surface which existed before the
excavation began. Excavation of land it to be undertaken with Section 16 of
this By-law.
70) FARMERS MARKET means an establishment where local farm products,
which may also include other foods, beverages, or arts and crafts, are sold to
the public by a group of retailers from within a building or outside of a
building.
71)
FINANCIAL SERVICE means an establishment where money is deposited,
retained, loaned, exchanged, or managed, and includes, but not limited to, a
bank, credit union, or trust company.
72) FLAG LOT means a lot that resembles a flag on a pole. A Flag Lot may have
less than the minimum required frontage on a public street, and gains access
to the public street by a narrow, flagpole-like, strip of land, with the largest
portion of the lot often situated behind adjoining lots that front on a public
street. Flag Lots are comprised of two distinct parts:
the "flag" portion, which is the only area of the lot to be used
for the development purposes and meets the area and setback
requirements in the Zoning By-law.
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the "pole" portion, which is the area of the lot that connects the
"flag" to a public street and provides the only lot frontage for a
flag lot. It is typically used as the driveway to access the "flag"
portion of the lot and is excluded for the purposes of calculating
the front, rear, and side yard setbacks.
73) FLOOR AREA means the aggregate of the horizontal areas of each floor in a
building or structure measured from the exterior of outside walls or outside
finished partitions but excluding in the case of a dwelling, any unfinished
areas.
74) FRONTAGE refers to Lot Frontage.
75) GARAGE means an accessory building or part of a principal building
designed and intended for the exclusive use of the storage of motor vehicles
and equipment.
76) GARAGE OR YARD SALE means the sale at retail of consumer or personal
goods and merchandise, either new or used, from a yard or garage which
the general public may attend.
77)
GARDEN CENTRE means any use of land, building, or structure for the
display and sale of plants, gardening, or landscaping equipment or supplies.
78) GARDEN SUITE means a detached secondary dwelling unit on the same lot
as a main building and serviced from the main building.
79) GASOLINE BAR means an establishment where motor vehicle fuel and other
liquids necessary for the operation of a vehicle are sold to the general
public, and may include the sale of convenience items. "Service Station" is a
separate use.
80) GRADE means the average of the finished ground surface adjacent to a
building, excluding localized depressions such as vehicle or pedestrian
entrances.
81)
GROUND FLOOR AREA means the floor area of the first storey of a building
located at or above grade.
82) GROUP HOME means a residence for the accommodation of five or more
persons, exclusive of staff, living under supervision in a single housekeeping
unit and who, by reason of their emotional, mental, social or physical
condition or legal status, require a group living arrangement for their well
being. A Group Home does not include a daycare facility, a halfway house or
a facility for the temporary care of transient and homeless persons or foster
care.
83) HABITABLE SPACE means the space within a dwelling unit in which living
functions are carried on, and includes living rooms, dining rooms, kitchens,
bathrooms, dens, recreation rooms, storage rooms, and workshops,
including those located in a basement or cellar. ZB122.1
84) HEALTH, FITNESS, AND WELLNESS FACILITY mean an establishment
providing health, fitness, and recreational activities, such as, but not limited
to, boxing, dancing, gymnastics, martial arts, weightlifting, yoga, or other
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
forms of physical exercise. This use may also include the incidental sale of
health and fitness merchandise.
85) HEIGHT means in relation to a building or structure, the vertical distance as
measured from mean grade to the highest point on such building or
structure.
86) HOME OCCUPATION means subject to Section 4.9 of this By-law, an
occupation or business which is conducted in a portion of a dwelling unit by
a person who uses the dwelling unit as their primary place of residence, and
which is clearly secondary and incidental to the residential use of the
dwelling unit.
87) HOSTEL means an establishment where temporary lodging is provided for
individual travellers or transients in a shared or dormitory style room, but
does not include a hotel, motel, or rooming house.
88) HOTEL/MOTEL means a building providing temporary accommodations for
travelers or transients on a year-round basis, and may have a public dining
room and convention meeting room.
89) HOUSEHOLD PET means a domestic animal customarily kept within a
dwelling or in an outside pen or accessory building for the sole purpose of
pleasure, rather than for utility, and includes not more than 3 dogs, 3 cats, 3
rabbits, or small birds or rodents in cages, but excludes cattle, sheep, horses,
pigs, poultry, bees and other animals kept as farm animals or livestock
customarily found in an agricultural use.
90) INCIDENTAL USE see accessory use.
91)
INCIDENTAL VEHICLE SALES means the sale of up to five vehicles on a
developed site that is accessory or incidental to a permitted main use.
92) INN means a tourist home as set out in Section 4.26 within a private dwelling
with separate temporary accommodations for travelers or transients on a
year-round basis, and may have up to ten (10) sleeping units, a public dining
room and convention meeting room.
93) INSTRUCTIONAL SERVICE means an establishment where instruction or
training in an art, hobby, sport, or other recreational activity is provided
including, but not limited to, visual arts, crafts, dance, martial arts, or music.
94) INTENSIFICATION AREA means the areas defined in the Town of Grand
Bay-Westfield Municipal Plan as areas for residential, commercial, and
industrial intensification.
95) KENNEL means a building or structure used for the enclosure of animals
kept for a commercial purpose, and may include premises used for the
breeding, raising, training, sheltering, or boarding, or the overnight
accommodation of dogs, cats, or other household pets, including a "doggie
daycare" but shall not include a veterinary clinic.
96) LANDSCAPED OPEN SPACE means a portion of the lot area which is not
used for buildings, structures, parking spaces and driveways and which
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
consists of grass, flower beds, shrubbery, other forms of natural landscaping
or a combination thereof.
97) LOT means a parcel of land or two or more adjoining parcels held by the
same owner and used or intended to be used as the site for a building or
structure or an appurtenance thereto.
98) LOT, CORNER means a lot located at an intersection abutting two or more
streets.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
99) LOT, INTERIOR means a lot other than a corner lot.
100) LOT FRONTAGE means the horizontal distance measured along a street.
Where a lot abuts two streets, the lesser lot line shall be deemed the lot
frontage. In the case of a curved corner or, lot frontage means the distance
between the side lines of the lot, at the minimum front yard setback measured
parallel to the street or at right angles to the tangent in a curved street.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
101) LOT LINE means a common line between a lot and an abutting lot, lane or
street.
102) LOT LINE, REAR means a lot line extending along the rear of the lot.
103) LOT LINE, SIDE means a lot line extending from the street line to the rear of
the lot.
104) LOT COVERAGE means the percentage of lot area covered by buildings
and structures above established grade, but does not include uncovered
swimming pools and unenclosed porches, patios and decks.
105) LOT LINE, FLANKAGE means the longer lot line abutting a street on a
corner lot.
106) LOT, THROUGH, through lot means a lot bounded on two opposite sides by
streets.
107) MAIN BUILDING means a building in which the main or principal use of the
lot is conducted. ZBL 122C 2023
108) MEDICAL CLINIC means an establishment where human health services are
provided through diagnostic, therapeutic, preventative, or rehabilitative
treatment, but does not include any overnight accommodation of a patient. A
medical clinic includes, but is not limited to, an acupuncturist, athletic
therapist, chiropodist or podiatrist, chiropractor, dental provider, massage
therapist, naturopath, osteopath, physician, physiotherapist, psychologist,
social worker, speech therapist, or vision care provider.
109) MICROBREWERY means an establishment that manufactures beer, wine, or
spirits, or a combination thereof, in the following quantities per calendar
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year: (a) No more than 500,000 litres of beer; (b) No more than 100,000
litres of wine; and (c) No more than 75,000 litres of spirits.
110) MOBILE CAR WASH means an establishment or business that offers vehicle
cleaning services that does not involve a building or permanent structure.
111)
MOBILE VENDOR means an establishment or business that offer goods and
services in a mobile vehicle, such as a trailer, van, or truck (e.g. food truck),
and may include a farmers stand.
112) OPEN OR OUTSIDE STORAGE means the storage of materials and
equipment in the open air, including material covered by canvas or plastic
only, but excluding vehicle parking and loading.
113) PARKING LOT means an open area of land, other than a street, used for the
parking of vehicles.
114) PERMITTED USE means those uses of land, building and structures which
are permitted as a matter subject only to the requirements of this and other
Town By-laws.
115) PERSONAL SERVICE means an establishment providing clothes cleaning or
personal grooming service such as, but not limited to, an aesthetician,
barbershop, beauty salon, clothes alteration, repair, or manufacture for
individuals, dry cleaning depot or shop, hairdresser, laundry service,
shoeshine, or shoe repair, but excludes the fabrication or manufacturing of
goods for retail or wholesale distribution.
116) PET GROOMING means an establishment where animals are groomed and
washed, and may include the ancillary sale of products related to this
service, but does not include any associated outdoor kennel or overnight
accommodation.
117) PIT means a place where unconsolidated metallic mineral or mineral bearing
substance, rock, earth, clay, sand, or gravel has been or is being removed by
means of an open excavation in order to supply it for construction, industrial,
and or manufacturing purpose.
118) PORTABLE OR TEMPORARY GARAGE means a collapsible structure
covered with plastic or fabric, used for the purpose of temporarily storing
vehicles and/or the covering of driveways in the side or rear yard and behind
the building line of a residential lot between October 30 and April 30,
inclusive. ZBL 122A 2021
119) PRINCIPAL USE means the primary purpose for which a parcel, building or
dwelling unit is used.
120) PUBLIC STREET means a highway, road or street owned or maintained by
the Town of Grand Bay-Westfield.
121) QUARRY means a place where consolidated rock has been or is being
removed by means of an open excavation in order to supply material for
construction, industrial, and or manufacturing purpose and includes an open
pit mine.
122) RECREATION ESTABLISHMENT means:
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
premises where entertainment is offered for gain or profit such
as a motion picture or other theatre, public hall, billiard or pool
rooms, an establishment offering three or more electronic
games for public use, bowling alley, ice or roller skating rink,
miniature golf and all other similar places or amusement
excluding adult entertainment.
A recreation facility operated as a business and open to the
public for a fee.
Establishments primarily engaged in the operation of sports,
active amusement or recreation services for use by the general
public on a fee or non-fee basis
123) RECYCLING DEPOT means an establishment for the receipt of bottles, cans
and other recyclable materials.
124) REQUIRED YARD means a yard with the minimum front yard depth, rear
yard depth or side yard width required by the provisions of this By-law.
125) RESTAURANT means an establishment where food is prepared and offered
for sale to the public for consumption within the building or structure or to be
taken off the premises.
126) RESTAURANT, DRIVE-THRU means an establishment whose ready-to-eat
food is served to the public through a service window, and where the
consumption of the food in motor vehicles on the premises is not
encouraged.
127) RESTAURANT, TAKE-OUT means an establishment where food and
beverages are prepared and offered for retail sale to patrons for
consumption at a site not on the premises.
128) RETAIL STORE means an establishment for the retail sale or rental of goods,
wares, merchandise, substances, articles or things and may include
supplementary postal services, film processing, repair of articles sold or
rented by the store and food consumption areas not exceeding 20% of the
gross leasable area.
129) ROOMING HOUSE means a dwelling in which furnished habitable rooms are
regularly provided for compensation to three or more persons other than the
occupant and members of his family, but does not include a hotel, apartment
dwelling, boarding house or tourist home.
130) SCREENING means the use of landscaping, fences or berms to visually
and/or audibly separate areas or uses.
131) SEASONAL DWELLING means a dwelling unit that lacks one or more of the
basic amenities or utilities required for all year or all weather occupancy and
has a gross floor area not greater than 58.06 square metres. ZBL 122B- 2022
132) SECONDARY SUITE means a dwelling unit attached to or contained within a
main building.
133) SELF-STORAGE FACILITY means an establishment where goods or
personal items are stored inside separate compartments within a building.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
Commercial self-storage facilities are accessed by an internal, common
hallway. Industrial self-storage facilities have individual, exterior access.
ZB122.1(July 2021)
134) SENIOR CITIZEN RESIDENCES means any home for senior citizens
sponsored and administered by any agency, service club, church or other
organization. Such homes may include auxiliary uses such as club and
lounge facilities usually associated with senior citizen development.
135) SERVICE STATION means an establishment where gasoline, oil, grease,
anti-freeze, tires and accessories for motor vehicles are stored and kept for
sale, and where repairs to motor vehicles are performed. May also include a
carwash or mobile car wash.
136) SHIPPING CONTAINER means an Enclosed unit used for or intended to be
used for storing and transport of goods via ship, rail, or truck.
137) SHOPPING CENTRE, COMMUNITY means a shopping centre having
between 5,000 square metres and 25,000 square metres of gross leasable
area and intended to serve more than the surrounding residential
neighbourhoods.
138) SHOPPING CENTRE, NEIGHBOURHOOD means a shopping centre having
between 1,000 square metres and 5,000 square metres of gross leasable
area and intended to serve the surrounding residential neighbourhoods.
139) SIMILAR OR COMPATIBLE USE means a use of land or building that is
otherwise not permitted in a zone but has been authorized by the Planning
Advisory Committee, subject to any imposed term or condition, as being
sufficiently similar to or compatible with a permitted use in that zone.
140) STOREY means:
that portion of a building between the surface of any floor and
the surface of the floor next above it, and if there is no floor
above it, then the portion between such floor and the ceiling
next above it; or
a basement or cellar, if the average vertical distance from grade
to the ceiling thereof is over 1.5 metres or such basement or
cellar is used for business purposes or for dwelling purposes.
141) STREET LINE means the common line between a street and a lot.
142) STRUCTURE means anything constructed or erected on or below the
ground, or attached to something on the ground, and includes all buildings.
143) SUPPORTIVE FACILITY means:
an establishment licensed or approved by a government
agency that provides care and or supervision to residents on a
24-hour basis by professional staff; or
an establishment devoted to retired residents where common
amenities and services, including communal dining, are
provided exclusively to such residents.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
144) SUPPORTIVE HOUSING means an establishment licensed or approved by a
government agency that provides care and or supervision on a 24-hour
basis by professional staff to a maximum of fifteen residents under the age
of nineteen, or to a maximum of fifteen residents of any age pursuant to the
Family Services Act, but not both. ZBL112A(July 2021)
145) SWIMMING POOL means pre-manufactured or man made structure located
outdoors either in or above the ground, intended to contain water for
recreational purposes including swimming or diving although used
seasonally; designed to be capable of holding water to a depth of 0.6 m or
more.
146) TAVERN means a tavern licensed under the Liquor Control Act of New
Brunswick and includes a beverage room. See also bar, lounge, and
nightclub.
147) TEMPORARY USE means a use and/or structure permitted to exist for a
limited amount of time in accordance with the provisions of the Community
Planning Act and this By-law.
148)
149) TOURIST HOME means a single detached dwelling providing tourist
accommodation as set out in Section 4.26.
150) USE means the purpose for which land or a building or structure or any
combination thereof, is designed, arranged, erected, intended, occupied or
maintained.
151) USE, ACCESSORY means a use that is naturally and normally incidental
subordinate and exclusively devoted to the main use, or to the main building
or structure, and located on the same lot with such main use or building or
structure.
152) USE, SECONDARY means a use, other than the main use permitted in a
building or a structure.
153) VEHICLE BODY AND PAINT SHOP means an establishment where motor
vehicle bodies and frames are repaired and/or painted.
154) VEHICLE REPAIR GARAGE means an establishment involved in the repair of
automobiles, trucks , motorcycles, snowmobiles, or other vehicles, and may
include the sale, installation, servicing, or machining of automotive parts and
accessories, or a drive thru vehicle inspection, repair, servicing, or cleaning
facility such as, but not limited to, automotive glass replacement, exterior
vehicle cleaning, muffler replacement, safety inspection, tire alignment, tire
replacement, transmission repair, or vehicle upholstery cleaning, but does
not include a vehicle body and paint shop.
155) VETERINARY CLINIC means an establishment within a building where
domestic animals or household pets are treated by a licensed veterinarian,
and includes temporary indoor accommodation related to such treatment
and/or recovery of animals after a surgical procedure, but does not include
any outdoor facilities such as a kennel, dog run, or other similar enclosure.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
156) WAREHOUSE FACILITY means an establishment other than a self-storage
facility where goods are stored and packaged inside a building, and may
include administration, but does not include the manufacturing, display, or
sale of goods or a distribution facility.
157) YARD means that part of a lot unoccupied by main buildings or structures.
158) YARD, FLANKAGE means a yard extending between the flankage lot line
and the nearest wall of the main building on the lot.
159) YARD, FRONT means a yard extending across the full width of the lot
between the street line and the nearest wall of the main building on the lot.
160) YARD, REAR means a yard extending across the full width of the lot
between the rear lot line and the nearest wall of the main building on the lot.
161) YARD, SIDE means a yard extending from the front yard to the rear yard
between the side lot line and the nearest wall of the main building on the lot.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
SECTION 4: GENERAL PROVISIONS AND SPECIAL LAND USE REGULATIONS
4.1
ACCESSORY STRUCTURES AND STORAGE TANKS
1) Zones Permitted Accessory structures and storage tanks are permitted in
each Zone where a main building exists.
2) Minimum Cumulative Ground Floor Area The total lot coverage of all
accessory structures, including a detached private garage, shall not exceed:
Within the Residential Intensification Area: 75m or 5% of the
lot area up to a maximum of 150m2, not exceeding the lot
occupancy requirements;
Outside of the Residential Intensification Area: 75m2 or 5%
of the lot area up to a maximum of 250m2, not exceeding the
lot occupancy requirements.
3) Side and Rear Yard Setback Requirements
Residential
In residential zones any accessory structure, heat pump or storage tank
may be built or located in a side yard or rear yard provided that any
structure so erected shall be a distance of at least 1.5 metres from the
side lot line or rear lot line.
All other zones
In all other zones, any accessory structure or storage tank shall be at
least 3 metres from the side lot line or rear lot line.
4) Front Yard Setback Requirements
No accessory building or structure may be placed within the required
front yard setback area of the zone.
5) Height
Residential
No accessory structure, excluding a satellite dish and
communication tower, shall exceed the height of the main
building on a lot in a residential zone and in no case shall it
exceed 9 metres in height measured from average grade to the
highest point of any portion of the roof.
All Other Zones
No accessory structure, excluding a satellite dish and communication
tower, shall exceed a maximum height of 11 metres. Where abutting a
residential zone; accessory buildings over 9 metres will require an
additional 1 metre side and year yard setback for each additional metre
in height to a maximum of 5 metres.
6) Corner Lots In zones which permit accessory structures, no accessory
structure, including storage tanks, satellite dishes and communication
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
towers, shall be erected on a corner lot at a distance from the street line
less than the front yard and flankage yard requirements for the main
building.
7) Garages for Semi-Detached Dwellings Garages for semi-detached
dwellings may be centered on the mutual lot line if erected simultaneously
on both lots as one structure.
8) Separation of Structures No part of an accessory building or structures
should be located within one and one half (1.5) metres of the main building
on the lot.
9) Permitted uses No accessory building shall be used for agricultural
purposes or keeping of animals other than household pets ZBL 122C 2023,
unless in the Rural Resource or Rural Residential Zones.
10) Multiple Accessory Buildings per lots: The maximum number of Accessory
buildings on any lot is three (3), not exceeding total lot occupancy
requirements.
4.2
BUILDINGS ON A LOT
Not more than one (1) main residential building shall be permitted on one lot
in the One Unit Residential and One and Two Unit Residential Zones.
4.3
CARPORTS, ATTACHED GARAGES, SUNDECKS AND OTHER
PROJECTIONS INTO YARDS
1)
Carports and Attached Garages An attached carport may be permitted
over a driveway in a side yard if the use of such structure is not more than
one (1) storey in height and, subject to subsection 3, provided that no part
of the carport or garage is located less than one half the setback from the
lot line of the abutting side lot. The maximum floor area coverage shall be
no more than 70 square metres or 10% of the lot area, whichever is the
lesser.
2)
Conversions of Carport or Attached Garage to Habitable Space No
portion of an attached carport shall be converted to a habitable space,
unless:
the carport or garage is located so as to meet the minimum side
yard requirement for the zone, and;
the required parking is located beyond the required front yard
setback of a one family dwelling, semi-detached dwelling or
duplex dwelling.
3) Architectural Features Cornices, eaves, belt courses, sills, canopies, bay
windows or other similar architectural features, may extend or project into a
required side yard or flankage yard not more than 0.5 metres and may
extend or project into a required front or rear yard not more than 0.75
metres. Chimneys may also project into a required front, flankage, side or
rear yard not more than 0.5 metres.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
4) Stairways Exterior stairways or stair balconies may extend or project into a
required front yard or rear yard not more than 1.5 metres.
5) Sundecks and Platforms
Rear Yard Porches, platforms, landing places or sundecks may
extend or project into a required rear yard as follows:
i) where the mean height of the structure from the adjacent grade to the
bottom of the structure does not exceed 0.5 metres in height, such a
structure may extend to within 1.5 metres of the rear lot line;
ii) where the mean height of the structure from the adjacent grade to the
bottom of the structure exceeds 0.5 metres in height, such a structure
may extend to within 2.0 metres of the rear lot line.
Side Yard Porches, platforms, landing places or sundecks may
extend or project into a required side yard to within:
i) 1.8 metres of the side lot line on the non-driveway side of the main
structure;
ii) 1.5 metres of the side lot line on the driveway side where a garage or
carport is attached to the main structure;
iii) 3.5 metres of the side lot line on the driveway side where no garage or
carport is attached to the main structure;
iv) 1.8 metres of the side lot line on the driveway side, where the distance
from the front lot line equals or exceeds 12 metres.
Front Yard Porches, platforms, landing places, or sundecks
may not extend into the required front yard setback area of the
zone.
6) Portable Garages Portable garages may be permitted on any residential lot,
as long as a front yard and side yard setback of 1 metre is maintained. Such
garages shall be permitted to be located on residential property. No permit
is necessary for such uses, but a written approval from the development
officer is required for the first installation only if subsequent installations are
done in the same location. The maximum area shall be 56 square metres.
Any canvas car shelter bigger than 56 square metres shall meet the
standards established for accessory structures (Section 5.1). ZBL 122A, 2021ZBL
122A 2021
4.4
DAY CARES
1) NEIGHBOURHOOD DAY CARE
Where permitted in this By-law, a Neighbourhood Day Care may be permitted
as a secondary use in a one unit, two unit, semi-detached dwelling, or
townhouse dwelling subject to the following requirements:
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
A Neighbourhood Day Care complies with the daycare
regulations of the Early Childhood Services Act of the Province
of New Brunswick;
A Neighbourhood Day Care shall have no more than 15 spaces;
A building or portion thereof containing a Neighbourhood Day
Care has an area of at least 1.5 square metres for each child in
attendance;
Any fenced, outdoor play area must be in the rear yard;
A Neighbourhood Day Care shall be located on a street with
unrestricted on-street parking or the provision of an off-street
drop-off area must be provided which limits the obstruction of
passing traffic;
A Neighbourhood Day Care conducted in a basement must
have at least one window in the portion of the basement where
the business in conducted;
The Fire Marshall certifies the area in which the business is to
be conducted meets the appropriate requirements; and
No Bed and Breakfast, Garden Suite, Secondary Suite, or
Supportive Housing is permitted in any building on the lot
2) DAY CARE CENTRE
Where permitted in this By-law, a Day Care Centre shall be subject to the
following requirements:
A Day Care Centre complies with the daycare regulations of the
Early Childhood Services Act of the Province of New Brunswick;
Any fenced or outdoor play area shall be in the rear yard;
One on-site parking space shall be provided for every five
children; and
Pick-up and drop-off of children must occur on-site and have
limited impact on neighbourhood traffic patterns.
4.5
FENCES
Notwithstanding any other provision of this By-law, subject to this section,
a fence may be placed or located in a yard;
Notwithstanding any other provision of this By-law, no fence
along a street line may exceed 1.2 metres in height, and;
No fence may exceed the height of:
i) 1.5 metres in a Residential or Mobile Home Park;
or
ii) 2.5 metres in a zone other than a Residential or Mobile Home Park.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
No fence shall be located within 1.5 metres of a street line in all
zones.
No fence shall be located:
i) within 150 mm of a property line in the case of chain link construction;
or
ii) within 600 mm of a property line for all other types of construction.
Notwithstanding subsection (e) of this Section where both
owners of adjacent properties have applied for and signed the
Building Permit, a fence may be placed exactly on the property
line;
No fence shall be electrified or incorporate barbed wire or other
dangerous materials;
Notwithstanding subsection (g) of this Section fences other than
a chain link fence, shall be installed with the finished side facing
the adjoining property.
4.6
GARDEN SUITES
Where permitted by this By-law, a one or two-unit dwelling may also contain a
Garden Suite subject to the following:
The Garden Suite shall not exceed a maximum gross floor area of 75
square metres;
The Garden Suite must be serviced in the same manner as the
main building;
The height of the Garden Suite shall not exceed the height
prescribed for an accessory building in Section 4.1 of this Bylaw;
The Garden Suite shall be in the rear yard of the main building;
The Garden Suite shall be of a similar appearance and design
as the main building; and
There shall be at least one on-site parking space provided for
the Garden Suite.
The Garden Suite is a Secondary Suite to the principal use.
Garden Suites shall have a minimum area of 45 m2.
Garden Suites shall have a maximum height of 6m.
4.7
GROUP HOMES:
Where permitted, Group Homes shall:
Maintain a minimum radius of 183 metres from another Group Home;
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
Require one (1) on-site parking space for every four (4) beds,
plus one (1) on-site parking space per two employees on a
maximum shift;
Be limited to one unit dwellings;
Be inspected by the Building Inspector and, prior to being
occupied, shall satisfy all applicable Building and Fire Code
regulations; and
Not operate on the same property as a Tourist Home / Bed and
Breakfast, Home Occupation or Daycare Facility to be operated
on the property.
4.8
HEIGHT EXCEPTIONS
The height restrictions of this By-law shall not apply to church towers, chimneys,
water storage tanks, telecommunication towers, or to structures housing
mechanical equipment.
4.9
HOME OCCUPATIONS
Where permitted by this by-law, home occupations shall be subject to the following
requirements:
A Home Occupation may be permitted as a secondary use within a
dwelling unit or an accessory building, or both for the same home
occupation, and must be clearly secondary to the residential use;
The maximum area of the Home Occupation located within a
dwelling unit shall not exceed 33% of the gross floor area of the
dwelling unit;
When the Home Occupation operates from an accessory
building, the accessory building shall meet the regulations for
maximum cumulative gross floor area described in section 4.1
of this By-law;
No exterior changes will be permitted which would change the
architectural appearance of the dwelling;
The Home Occupation will meet the signage requirements as
set out in Section 6 this By-law;
Off-street parking shall be required in accordance with Section
5 of this By-law; and
The following environmental standards shall apply:
i) No emissions of odorous gas or particulates that can be discerned at the
lot line;
ii) No production of noise in excess of a normal street traffic experience;
iii) No physical hazards or nuisance including fire, toxic waste, explosion,
glare or vibration to adjacent properties;
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
iv) No discharge of any waste material or pollutant onto the ground of
property or adjacent property or any waterway or drainage facility; and
v) Outdoor storage must be located in the rear yard containing the Home
Occupation and screened.
4.10
LOTS WITH 15% GRADE
Any part of a lot that has a grade of 15% or greater may not be considered as part
of the lot for purposes of calculating minimum lot area required hereunder, subject
to alleviation only by Variance granted by the Planning Advisory Committee and by
such terms and conditions as determined by the Planning Advisory Committee.
4.11
MINIMUM FLOOR ELEVATION ABOVE FLOOD LEVEL
No development of any habitable space shall be permitted in any zone unless the
minimum geodetic elevation of the top of any floor is at least 7.4 metres. ZB122A- 2021
4.12
MINIMUM FRONT YARDS LESS THAN ESTABLISHED BUILDING LINE
Notwithstanding the minimum front yard requirements in Residential Zones under
this By-law, if the building line, including porches, established by existing buildings
or structures is less than the front yard required by this By-law, there shall be
provided a front yard not less than the distance to the established building line of
the adjacent building, which is set back the greater distance of the two from the
street line, except in the case of corner lots, in which case the normal set back
requirement shall apply.
4.13
FRONTAGE ON CUL-DE-SAC LOTS OR LOTS ON INSIDE CURVES
A lot having its only frontage on the curved sideline of a cul-de-sac bulb may have
a reduced frontage provided:
The minimum frontage shall be 15 metres, and;
All other dimensional zoning requirements are satisfied.
4.14
ACCESS TO COMMERCIAL AND INDUSTRIAL ZONES FROM RESIDENTIAL
ZONES
No vehicular access to any land in a Commercial or Industrial Zone shall be
permitted in a Residential Zone, other than through a public street.
4.15
RESIDENTIAL DEVELOPMENT NEAR A LAGOON
Notwithstanding any other provision of this By-law, no dwelling or residential
structure may be located within 100 metres of a sewage lagoon.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
4.16
ELEVATION OF NEW RESIDENTIAL STRUCTURES
All new residential structures shall be placed or erected on a foundation which is at
least 750 millimetres above the final centre line grade of the street as measured on
the street at a location which approximates the middle of the front face of the
structure unless a variance is granted by the Planning Advisory Committee. All
applications for Variances must be accompanied by a site grading plan.
4.17
MOBILE HOMES AND MINI-HOMES
a) Mobile and Mini Homes shall only be permitted as a primary use in a
Mobile Home Residential (MHP) Zone, and the Rural Residential (RR)
Zone, and may be considered as a garden suite in all Residential Zones
subject to Planning Advisory Committee approval.
b) A garden suite is permitted in the Rural Residential (RR) Zone, subject
to Section 4.6.
4.18
COMMERCIAL DEVELOPMENT ABUTTING A RESIDENTIAL ZONE
The rear or side yard shall be equal to twice the height of the main building or
structure where a lot abuts a Residential Zone and provide a visual barrier a
minimum of 2 metres high.
4.19
REDUCTION OF YARDS
No part of landscaped open space required around any building or structure for the
purpose of complying with the provisions of this By-law shall be included as part of
landscaped open space similarly required for another building or structure.
4.20 SATELLITE DISHES AND COMMUNICATION TOWERS
Communication towers and satellite dishes shall not be permitted on that
portion of a roof of a building in or abutting a residential zone facing the
street. In the case of satellite dishes, exception can be made by the
Development Officer where no alternative exists on the property;
Satellite dishes and communication towers in or abutting a
residential zone shall be subject to all accessory building
provisions of this By-law except sections 4.1.3 and 4.1.5;
Where, in the opinion of the Development Officer, there is a risk
of injury to occupiers or others, communication towers shall be
equipped with appropriate "anti climb" devices or such other
equipment as required to restrict the access of the public
thereto;
The Development Officer shall have the authority to require that
all satellite dishes and communication towers be appropriately
painted and landscaping be properly undertaken to minimize
the impact of the appearance of such satellite dishes and
communication towers on the adjacent properties.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
4.21
SECONDARY SUITES
Where permitted by this By-law, a one and two-unit, and rowhouse dwelling may
also contain a Secondary Suite subject to the following:
1) Shall not exceed 40% of the gross floor area of the main dwelling unit;
2) Shall have an entrance to the side or rear of the building;
3) The presence of the Secondary Suite shall not change the exterior
appearance of the building; and
4) One on-site parking space shall be provided for the Secondary Suite
4.22 SITE TRIANGLE ON CORNER LOTS
Notwithstanding the provisions of this By-law, no building or structure shall be
erected on a corner lot included within the triangular space measured a distance of
6 metres from the point of intersection of the street/lot lines. Furthermore, hedges,
shrubs or foliage shall not be planted or maintained within the triangular space
measured a distance of 6 metres from the point of intersection of the street/lot lines
between the length of one (1) and three (3) metres above the grade of the street
which would obstruct the view of a driver of a vehicle approaching the intersection.
4.23 STANDARDS FOR DWELLINGS WITH COMMON PARTY WALLS
Dwellings with common party walls and occupying more than one lot shall be
considered as one building occupying one lot for the purposes of calculating side
yard, frontage, lot area and lot occupancy regulations. This includes semi-detached
dwellings, duplex dwellings, row dwellings and apartment dwellings.
4.24 SUPPORTIVE HOUSING (INCLUDING SENIORS AND LONG TERM CARE)
Where permitted by this By-law, the Supportive Housing shall comply with the
following:
1) Maintain a minimum radius of 183 metres from another lot also containing
supportive housing if both are in a residential zone;
2) Within the Residential Intensification Area, Supportive Housing uses shall be
limited to 15 residents;
3) A Bed and Breakfast, Home Occupation, Day Care Facility, or Secondary
Suite are not permitted on the same lot;
4) When abutting a residential property, there shall be appropriate screening
between the Supportive Housing use (including parking) and the adjacent
use; and
5) When considering the conditional use of the Supportive Housing, the
Committee shall consider the following:
The location of the facility relative to a main or arterial street;
The impacts to adjacent properties; and
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
The local need for the facility in the Town.
4.25 SWIMMING POOLS
Notwithstanding other provisions presented in this By-law, an outdoor swimming
pool is permitted in any zone subject to the following requirements:
1) The swimming pool use must be accessory to the main use of the lot;
2) The swimming pool shall not be located in the front, side, or flankage yard
in any zone;
3) The swimming pool shall not be closer than two metres from any lot line;
4.25.1
SWIMMING POOL ENCLOSURES
Notwithstanding other provisions presented in this By-law, an outdoor swimming
pool shall be completely enclosed by a fence or a combination of a permanent
structure and a fence that prevents access to the pool from the street or abutting
lot.
1) The swimming pool enclosure shall completely enclose the swimming pool;
2) The swimming pool enclosure shall create a barrier that is no less than 1.5
metres in height when measured from the ground to the top of the fence,
gate, or structure, enclosing the pool.
3) The swimming pool enclosure shall have no opening greater than 10
centimetres in the barrier(s) required in subparagraph (b).
4.25.2
SWIMMING POOL ACCESS
1) Notwithstanding other provisions presented in this By-law, an outdoor
swimming pool shall be accessed by:
A self-closing and self-latching gate that is a minimum height of
1.5 metres;
A main building or structure, subject to 4.25.1;
An accessory building or structure, subjective to 4.25.1; or
Any combination of the above.
4.26 TOURIST HOMES/BED AND BREAKFASTS
Where permitted, Tourist Homes shall:
Be limited to one unit dwellings;
Limit bed and breakfast operations to no more than three (3)
sleeping units in the building or as regulated by the tourism act;
Limit inn operations to no more than ten (10) sleeping units in
the building;
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
Require a minimum area of a room, exclusive of bathroom,
closets and foyers, that may be used for sleeping
accommodations for:
i) one occupant must be 10 square metres;
ii) two occupants must be 12 square metres;
iii) three occupants must be 14.5 square metres.
Not permit cooking equipment in a room that is used for
sleeping accommodation;
Provide and maintain an easily accessible water toilet, a wash
basin and a bath tub or shower served with both hot and cold
water for every eight occupants of the tourist home;
Not permit any sign visible from the outside of the house,
advertising the existence of the tourist home or the availability
of a room except:
i) in a residential zone, one non-illuminated sign attached to the building
not exceeding 0.4 square metres in area is permitted;
ii) in a zone other than a residential zone, one non-illuminated fascia sign
not exceeding the provisions in this By-law under section 6.2.3 for a
fascia sign.
Permit only breakfast to be served solely for lodgers on the
premises for Bed and Breakfast operations;
Permit, a public dining room and convention meeting room for
Inn operations;
Not permit a Group Home, Home Occupation or Daycare
Facility on the same property;
The person operating the Tourist Home shall hold a valid
licenses therefor issued by the agency/agencies having
jurisdiction or authority.
4.27
UNDERSIZED LOTS
This By-law does not prevent the use of an existing lot that does not conform to
minimum size requirements provided:
that the use of such lot is permitted in the zone in which said lot is
located; and
that the setbacks, height, coverage and all other relevant
requirements of the zone are maintained.
4.28 USES PERMITTED IN ALL ZONES
Nothing in this By-law shall prevent the use of any land for:
Community Garden;
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
Land for Public Purpose;
Lane, Street, or Highway;
Town Recreation Use;
Park or Playground;
Pipeline;
Public Display;
Stormwater Management Pond;
Telecommunications Tower;
Temporary Parking Lot to Facilitate Snow Clearing;
Utility Service Building or Structure; and
Walking Trail.
4.29 USES PROHIBITED IN ALL ZONES
Notwithstanding any provision of this By-law, the use of a vehicle or
recreational vehicle as a place of residence shall not be permitted within
any zone in the Town;
A semi-trailer or what was a semi-trailer or what is or was a
vehicle within the meaning of the Motor Vehicle Act, R.S.N.B.,
C-M12 or a part thereof, shall not be used for storage in any
zone. Such a semi-trailer or part of a vehicle shall be deemed
to be used for storage when it has not been used for hauling
goods to or off the premises at least once every 30 days.
4.30 UTILITIES AND INFRASTRUCTURE
This By-law prohibits the erection of any building in respect of which, in the opinion
of Council, satisfactory arrangements have not been made for the supply of electric
power, water, sewerage, street or other services or facilities.
4.31
TINY HOMES
Tiny homes shall be permitted by the By-law, subject to the following conditions:
a) Tiny Homes are permitted as a garden suite under provisions of
Section 4.6 in One Unit Residential (R1) Zone, One and Two Unit
Residential (R2) Zone, Multi-Unit Residential (R3) Zones;
b) Tiny Homes are permitted as a primary use in the Rural Residential
(RR) Zone, Rural Resource (RU) Zone, and Mobile Home Residential
(MHP) Zone;
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
c) Notwithstanding any other provisions of this By-law to the contrary, the
following standards apply to a lot that contains a Tiny Home as a
principal use or where the Tiny Home is intended for year-round use:
i) maximum height: 4.4 metres
ii) minimum ground floor area: 45 square metres
iii) maximum ground floor area: 60 square metres
4.32 FLAG LOTS
Flag lots shall be permitted in all residential zones within the Residential
Intensification Area, subject to the following conditions:
a) The lots are capable of meeting all other minimum lot size and setback
requirements of this By-law after subdividing;
b) No more than two flag lots may be contiguous to each other; and
c) Minimum frontage for flag lots: 10 metres.
4.33
DENSITY FLEXIBILITY ON EDGES OF EXISTING NEIGHBOURHOODS
Notwithstanding other provisions of this By-law, nothing shall prevent the use of
land for increased residential density in the following cases:
a) Uses permitted within the One and Two Residential (R2) Zone may be
permitted on a lot in an existing One Unit Residential (R1) Zone
neighborhood, regardless of the lot's zoning shown on Schedule A -
Zoning Map of the Zoning By-law, if it meets the following conditions:
i) The lot is located on the edge of an existing One Unit Residential
(R1) Zone neighborhood; and
ii) The lot meets the performance standards for the proposed use.
b) Uses permitted within the Multiple Residential (R3) Zone may apply to a
lot in a One and Two Residential (R2) Zone neighborhood, regardless of
the lot's zoning shown on Schedule A - Zoning Map of the Zoning By-
law, if it meets the following conditions:
i) The lot is located within the Residential Intensification Area as
shown on Schedule A - Zoning Map;
ii) The lot is located on an arterial street on the edge of an established
neighborhood; and
iii) The lot meets the performance standards for the proposed use.
4.34
SHIPPING CONTAINERS
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
A Shipping Container, when not used for or intended to be used for shipping
purposes, shall be permitted subject to the following provisions:
a) Shall only be permitted for storage purposes;
b) Shall only be permitted in Commercial and Industrial zones;
c) Shall only be located in the rear yard; and
d) Shall be set back from the side and rear lot line by a minimum of 3
meters.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
SECTION 5: PARKING, ACCESS, LOADING & LIGHTING
5.1
GENERAL PROVISIONS FOR PARKING
5.1.1
LOCATION OF PARKING FACILITIES
All required parking spaces shall be provided on the same property as the building
or structure.
5.1.2
COMMERCIAL VEHICLES IN RESIDENTIAL ZONES
In a residential zone, no person shall allow a commercial vehicle to remain in a front
yard or flankage yard, or an unregistered or derelict vehicle to remain in any yard,
or a contractors' machinery or equipment to remain outside the building.
(a) Only one commercial vehicle per dwelling, including school
buses and transport truck cabs, is permitted to be parked in any
residential zone, provided the vehicle is operated by a resident
of the dwelling unit.
(b) Commercial transport truck trailers are not permitted in any
residential zone.
(c) The use of a vehicle body, recreational vehicle or transport truck
trailer as a permanent place of residence or for commercial
activities shall not be permitted within any zone.
5.1.3
PARKING SPACE DIMENSIONS
Each vehicle parking space shall be in accordance with the following stall width and
length, and minimum driveway width. Angle parking shall only allow one way traffic.
Type of Parking
Minimum Stall
Width
Minimum Stall
Length
Minimum
Driveway
Width
Parallel
2.75 metres
6.0 metres
4.0 metres
Angle
2.75 metres
6.0 metres
5.5 metres
Perpendicular
2.75 metres
5.5 metres
7.5 metres
Barrier Free
Should meet
Provincial
Guidelines
5.1.4
LANDSCAPING
(a) The first 6 metres of the front yard setback area shall be landscaped open
space, except for exits and entrances.
(b) In addition to the above, in residential zones, the required rear yard and non-
driveway side yard setback area shall be landscaped open space.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
5.1.5
ACCESS TO ZONES, EXCLUDING COMMERCIAL ZONES AND
INDUSTRIAL ZONES
(a) The number of driveways shall be limited to not more than two (2) driveways
for each 30 metres of frontage, and no more than three (3) driveways are
permitted for frontages over 30 metres.
(c) The maximum curb cut width of each driveway to one unit, semi-detached
and duplex dwellings shall not exceed 6 metres.
(d) The minimum curb cut width of each driveway to parking areas shall be:
15 parking spaces or less
Minimum 4.5 metres
16 parking spaces or more
Minimum 6 metres
5.1.6
ACCESS TO COMMERCIAL ZONES AND INDUSTRIAL ZONES
(a) The number of two-way driveways shall be limited to one per lot frontage
except when the lot has a frontage of over 75 metres where two accesses
are permitted if a minimum of 20 metres is provided between the centre line
of each driveway. No more than two (2) driveways shall be permitted per lot.
(b) A pair of driveways may be located on a lot in place of one two-way driveway
if driveways are designed and signed for one-way use and if a minimum of
20 metres is provided between the centre lines of each driveway, measured
at the street line.
(c) All driveways to a corner lot shall be located no closer than 11 metres from
the intersection of the lot lines along two streets with the exception that no
driveway may be located within 30 metres of:
(i) an intersection of two or more streets if traffic at such intersection
is controlled by traffic lights;
(ii) if an at-grade intersection in the form of several legs or a traffic
circle, or with island channelization or other similar traffic control
devices;
(iii) an interchange; or
(iv) a railway grade crossing.
(d) If access is provided to a Regional Shopping Centre or Community Shopping
Centre, all driveways on a corner lot shall be located no closer than 60 metres
from the point where the lot lines along two streets intersect.
(e) No driveway may have a width in excess of:
(i) 9.0 metres for two-way operation;
(ii) 7.0 metres for one-way operation.
(f) Driveway widths mentioned in subsection (e) may be increased to 11 and 9 metres
respectively where:
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
(i) a substantial portion of the vehicular traffic is composed of tractor
trailers of 18 metres, or over, in length;
(ii) the abutting street is an arterial with four or more traffic lanes;
(iii) the slope of the access where it meets the abutting street is at
least 6% more or less than the slope of the street.
(g) No driveway shall meet the travelled portion of the fronting street at an angle
of less than 60 degrees.
(h) Driveways shall be located at least 3 metres from the property line.
(i) Every driveway shall be maintained with an all-weather, dust free surfacing
sufficient to carry imposed loads.
5.1.7
QUEUING SPACE
(a) Queuing spaces shall be provided for Drive-Thru Business (including
Drive-Thru Restaurant and Car Wash), Gasoline Bar, Automotive Service
Station, and Drive-In Commercial Garage, as follows:
(i) Drive-Thru Business, including Drive-Thru Restaurant and Car
Wash:
(a) In-Bound 6 in-bound queuing spaces shall be provided for
vehicles approaching the drive-up service window and any
overflow beyond six vehicles shall not encroach on a public
street;
(b) Out-Bound 1 out-bound queuing space shall be provided
on the exit side of each service position and this space shall be
located so as not to interfere with service to the next vehicle.
(ii) Drive-in Business, Commercial Garage, Gasoline Bar, Automotive
Service Stations:
(a) In-Bound
5 in-bound spaces shall be provided;
(b) Out-Bound
3 out-bound spaces shall be provided.
(b) All queuing spaces shall be a minimum of 6.5 metres long and 3 metres
wide. Queuing lanes shall provide sufficient space for turning and
maneuvering.
5.1.8
ACCESS TO PARKING LOTS AND SPACES
(a) There shall be adequate provision for access to a street or public lane for
each motor vehicle parking space and each motor vehicle parking space
shall be readily accessible at all times for the parking and removal of a
motor vehicle, without the necessity of moving another motor vehicle.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
(b) All access lanes in parking lots shall be no less than 6 metres in width,
except a lane serving rows in which parking is angled at 45 degrees on
both sides of the lane, in which case the minimum distance between rows
may be no less than 4.5 metres in width.
(c) Where more than four off-street parking spaces are required, provision
shall be made for the turning of vehicles and be considered part of the
parking area.
5.1.9
DESIGN OF PARKING LOTS
All permanent parking lots and access driveways required for commercial, service
industrial and institutional development shall:
1. Be surfaced with hot-mix asphalt, portland cement, concrete, or asphalt
stone chip seal coat;
2. Be graded or drained in such a manner as to ensure that surface water
will not escape to neighboring lands, and wherever the surface of the
parking area is more than 10 centimetres higher or lower than any
adjoining land, a suitable retaining wall shall be installed along the edge
of the parking lot or along the lot line;
3. Be curbed with permanent continuous high curbing where parking and
maneuvering areas and driveways abut landscaped areas;
4. Provide a bumper guard of a minimum height of 0.5 metres at a minimum
distance of 0.3 metres from any interior side or rear lot line. Where there
is a landscaped area of less than 1.5 metres, the bumper guard shall
prevent any part of a motor vehicle from projecting over any lot line;
5. Be separated from any adjoining residential zone or property used for
residential purposes by a minimum 3 metre landscaped strip; and
6. Ensure no parking space, maneuvering area or driveway is located any
closer than 2 metres to any wall of residential development of 3 units or
greater.
5.1.10
MULTIPLE USE OF SITE
In the case of the multiple use of a site, the Development Officer shall calculate the
parking required for each individual use and the total shall be deemed to be the
required parking for the site.
5.1.11
CONVERSIONS
When a building or part of a building is converted to a new use, no additional
parking spaces are required. ZBL 122C 2023
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
5.1.12
BARRIER FREE PARKING SPACES
(a) The number of barrier free parking spaces for development where 5 or
more spaces are required shall be in accordance with the following:
Total Number of Required
Spaces in a Lot
Total Number of Barrier Free
Parking Spaces Required
5 - 25
1
26 - 50
2
51 - 75
3
76 - 100
4
101 - 150
5
151 - 200
6
201 - 300
7
301 - 400
8
401 - 500
9
501 - 1000
2% of the total
Over 1000
20 spaces plus 1 space for
each 100 spaces over that.
(b) Barrier Free parking spaces shall be:
(i) provided and considered as part of the number of stalls required
for a project;
(ii) located closer to the entrance of the building for which they are
intended;
(iii) identified by a sign and, if the surface is paved, by pavement
markings to the satisfaction of the Development Officer;
(iv) a minimum of 3.8 metres in width and 7.3 metres in length.
5.1.13
BICYCLE PARKING
Where a use requires 20 or more parking spaces, consideration shall be made for
safe and accessible bicycle parking within a reasonable distance of a primary
entrance.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
5.2
PARKING REQUIREMENTS
5.2.1
PARKING CALCULATIONS
The number of off-street parking spaces required for any development shall be
determined in accordance with this section.
USE
PARKING REQUIREMENT
a) Residential & Residential Related
i)
One unit Dwelling, Duplex Dwelling,
Semi-Detached & Mobile Homes
1 space/unit
ii) Apartments & Row Housing Dwelling
Units
1 space/bachelor unit & 1 bedroom
unit; 1.5 spaces/2 bedroom unit 1.75
spaces/3 bedroom unit or larger
iii) Senior Citizen Dwelling Units
0.5 spaces/unit
iv) Boarding, Rooming and Lodging
Houses
0.5 spaces/unit
v) Group Home
1 space/4 beds, plus 1 space/2
employees on a maximum shift
vi) Home Occupation
2 spaces, plus the normal parking
space requirement of the zone
vii) Day Care
1 parking space per dwelling unit 1
parking space per employee 1 parking
space per 10 children
b) Commercial and Commercial Related:
viii) Medical or Health Office
5 spaces/practitioner
ix) Barbers, Hairdressers
2 spaces/chair, minimum 3 spaces
x) Eating and Drinking Establishment
1 space/5 seats
xi) Motel, Hotel and Tourist Homes
1 space/sleeping unit or guest room,
plus restaurant and conference
requirements
xii) Office
1 space/23m² gross floor area
xiii) Retail and Other Commercial Uses
(not listed separately in this Section)
(1) less than 1000 m²
(2) 1000 m² & greater
1 space/20 m² gross floor area
1 space/30 m² gross floor area
c) Industrial
i)
Warehouse and Transport
First 2000 m² space/Terminals 190
m², and 1 space for every 460 m² of
gross floor area
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ii) Industrial Uses
1 space for each 45 m² of gross
floor area or 1 space for each 4
employees, whichever is greater
d) Places of Assembly and Recreational Facilities
i)
Theatre
1 space/5 seats
ii) Religious Institution or Place of
Religious Assembly
1 space/6 seats
iii) Public Hall can be lawfully
accommodated therein at any one
time
1 space//5persons
iv) Museums, Exhibition Areas
1 space/45 m²
v) Funeral Facility
10 spaces plus 1 space for every 19 m²
of floor area
vi) Spectator Entertainment
Auditoriums, Public Libraries, Clubs,
Sports Establishments Indoor &
Outdoor Recreation Facilities
1 space/10 seats or 1 space/19 m²,
whichever is greater;
vii) Golf Club
100 spaces/18 holes, plus
requirements for other uses contained
on the course
viii) Tennis Court, Squash Court, Racquet
Ball Court
2 spaces/court plus other uses
Contained on or in the facility
e) Educational and Extended Medical Treatment Services:
i)
Elementary or Middle Schools
1 space/teaching staff, plus auditorium
requirements
ii) High School
1 space/teaching staff, plus1 space for
every 33 students plus auditorium
requirements
iii) Colleges, Universities, Business,
Commercial or Technical Schools
1 space/20 seats, plus auditorium
requirements
iv) Hospitals/Clinics
1 space/100 m² of floor area or 1
space/4 beds, whichever is the
greater, plus 1 space for every 2
employees on a maximum shift
v) Nursing Homes and Treatment
Facilities
1 space/100 m² of floor area or 1
space/4 beds, whichever is the
greater, plus 1 space for every 2
employees on a maximum shift.
f)
Other Uses
1 space for every 28 m² of gross floor
area
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
5.3
LOADING AND UNLOADING AREAS
5.3.1
STANDARDS
In addition to parking requirements of this By-law, wherever a building or structure
is erected, converted or altered to be used for manufacturing, storage or
commercial purposes or for any purpose involving the use of vehicles for the receipt
or distribution of materials or merchandise, the occupants shall provide and
maintain on land that is not part of the highway and not part of the required parking
area, loading areas in accordance with the following standards.
Floor Area of Building
Number of Loading Spaces
Up to and including 1800 m²
1
Over 1800 m² up to and including 4500 m²
2
For each additional 4500 m²
1 additional
5.3.2
MINIMUMS
Each loading space shall be a minimum of 9 metres in length and 3 metres wide,
and have a vertical clearance of not less than 4.5 metres.
5.4
LIGHTING OF SITES
Any outdoor lighting for any development shall be located and arranged so that no
direct rays of light are directed at any adjoining properties or passing vehicular
traffic or interfere with the effectiveness of any traffic control devices.
SECTION 6: SIGN REGULATIONS
6.1
GENERAL PROVISIONS
6.1.1
DEFINITIONS
Sign means any identification, description, illustration or information
device, illuminated or non-illuminated, which provides information as to
product, place, activity, person, institution, or business and is displayed
on the exterior of a building or on a property;
Canopy Sign means a sign attached to or forming part of a
permanent building projection, projecting or fixed structural
framework which extends outward from the exterior wall of a
building. Canopy signs include marquees;
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
Directory Sign means a sign located on a property with more
than one establishment and which displays only a listing of the
names of these businesses or organizations without advertising
copy, except a business logogram;
Fascia Sign means a sign attached to, painted, placed or
erected upon or against a wall or other surface of a building
with the face of the sign parallel to such wall or other surface;
Freestanding Sign means any sign supported independently of
a building and permanently fixed to the ground;
Off-Site Sign or Off-Premises Sign means a sign not located
on the same lot as the product, service or structure to which the
sign relates. Off-Site signs include billboard signs;
Permanently Affixed means securely fastened to a concrete
foundation, either by posts or anchor bolts embedded in the
concrete and buried at sufficient depth below ground so as to
prevent relocation of the sign;
Portable Sign means a sign greater than 1.0 square metres and
less than 4 square metres in area which is designed in such a
manner that the sign can readily be relocated to provide
advertising at another location or readily taken on and off a site,
and may include copy that can be changed manually through
the use of attachable characters, message panels or other
means;
Projecting Sign means a sign which projects from, and is
supported by a wall;
Sandwich Board Sign means a sign less than 1.0 square metres
but greater than 0.18m² in area which is constructed of two
boards connecting at one end and which can be readily taken
on and off a site;
Roof Sign means any sign upon, against or above a roof;
Sign Area means the area per side of the smallest triangle,
square, rectangle, circle or semi-circle which can wholly
enclose the surface area of the sign;
Special Events Signs include garage sale type signs, real
estate open house signs and signs advertising special events;
Notwithstanding the above definitions, no semi-trailer or what was a semi-trailer or
what was or is a motor vehicle within the meaning of the Motor Vehicle Act, shall
be used as a sign. It is deemed to be a sign if it is parked on the site for more than
5 consecutive days.
6.1.2
SIGN PERMIT REQUIRED
No person shall construct, erect, display, alter or relocate a sign and no person
being the owner or lessee of property shall permit, suffer or allow the construction,
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
erection, display, alteration or relocation of a sign on such property without a sign
permit first having been obtained in accordance with the provisions of this By-law.
6.1.3
ADDITIONAL PERMITS
No permits shall be issued for a sign constructed on a permanent foundation
without a building permit having first been issued in accordance with the Building
By-law.
6.1.4
SIGNS NOT REQUIRING A PERMIT
Notwithstanding the provisions of Section 6.1.2, no sign permit is required for:
Real estate signs which are of a temporary nature and which advertise
the property upon which they are located as being available for
immediate sale, lease or rent;
Construction signs temporarily located on a lot and which
identify the project, owner, architect, consulting engineer and
related contractor;
Traffic and directional signs authorized by the Town;
Open House and Garage/Yard sale signs to be removed prior
to the end of the day;
Election signs - placement and removal of election posters shall
be in accordance with Provincial and Federal Elections Acts in
force;
Signs posted or exhibited in a building, including signs inside
the window;
Signs identifying the name of the property or residents thereof;
Signs indicating a home occupation permitted by this By-law;
Signs which warns against trespass or danger.
Signs not requiring a permit shall be non-illuminated and not exceed 0.18 square
metres in gross area except for a use described in clause (a) above, in which case
shall not exceed 0.55 square metres in area. Signs must maintain a minimum
setback distance of 1 metre from any lot or street line, and may not be placed so as
to obstruct or hide any permitted sign.
6.1.5
PROHIBITED SIGNS
No sign shall be erected, operated, used or maintained which:
due to its position, shape, colour, format or illumination obstructs the
view, or may be confused with, an official traffic sign, signal or device, as
determined by the Development Officer;
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
displays lights resembling the flashing lights usually associated
with danger or those used by police, fire, ambulance and other
emergency vehicles;
obstructs the use of a fire escape, door, window, or other
required exit;
projects over or rests upon any part of a public right-of-way or
public sidewalk, except a fascia sign or canopy sign, unless
otherwise permitted in this By-law;
extends more than 45 cm above the roof line or parapet of the
building or the top of the marquee or canopy, nor shall it extend
beyond the end of the wall, marquee or canopy to which it is
attached;
is attached to a tree;
which flash intermittently or in series, including flashing arrows;
non-illuminating fluorescent signs.
6.1.6
NON-CONFORMING SIGNS
The provisions of this By-law with respect to existing signs which do not conform to
the By-law at the time of its effective date shall not be construed to have a
retroactive effect, except that relocation, alteration, or removal of any such
nonconforming signs shall render such signs subject to the provisions of this By-
law. The provisions of this section shall not exempt the owner of a nonconforming
sign from the obligation for proper maintenance of such sign.
6.1.7
ABANDONED AND UNLAWFUL SIGNS
No person being the owner or lessee of a property upon which a sign is
located shall permit, suffer or allow such sign, its faces, supports,
electrical system or anchorage to become unsightly, dilapidated or
unsafe.
The Development Officer may require the removal of any sign which, in
his opinion is, or has become, unsightly, or is in such a state of disrepair
as to constitute a hazard.
Any sign which no longer advertises a bonafide business or service on
the premises shall be removed within sixty (60) days of termination of
such business or service.
6.1.8
SIGNS PER PARCEL OF LAND
In addition to the fascia signs and canopy signs permitted in this By-law, the number
of signs that may be constructed, erected, placed or displayed on a parcel of land
which require a sign permit, shall not exceed the following:
1) one permanent overhead sign (Freestanding); and
2) one permanent low level sign (Freestanding); or
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
3) one temporary low level sign (Portable or Sandwich Board).
6.1.9
APPLICATIONS AND PLANS
An applicant for a sign permit shall:
1) complete a sign permit application in a form prescribed by the
Development Officer for the Town;
2) submit plans and specifications of the proposed sign and any
supporting framework and anchoring devices;
3) submit a site plan showing public and private right-of-way boundaries,
the location of buildings, the location of existing signs and the
proposed location of the sign which is the subject of the application;
4) submit a list of the materials proposed to be used in the construction of
the sign;
5) provide such additional information as the Development Officer may
require, as to the stress-bearing capacities of the sign and the
equipment used in its placement; and
6) pay the applicable fee as set out in Section 6.1.10 of this By-law.
6.1.10
SIGN PERMIT FEE
A $10.00 permit fee shall be paid to the Town for each sign
approved for which a permit is required under the provisions of
this By-law.
Permit fees for portable signs may be waived for functions put
on by non-profit groups and service clubs at the discretion of
the Development Officer or the Town.
6.2
SPECIFIC SIGN PROVISIONS
6.2.1
CANOPY SIGNS
Canopy signs are permitted in all Commercial and Industrial zones, provided the
sign shall:
be attached to, painted or placed upon a marquee, canopy or awning;
not be erected over a sidewalk unless the lowest part of the sign is 2.5
metres or more above the sidewalk;
be permitted along two sides of a building below the level of the second
floor windows; and
not project over a sidewalk more than 1.0 metre.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
6.2.2
DIRECTORY SIGNS
Directory Signs are permitted in all Industrial and Commercial Zones, provided the
sign shall:
not exceed a maximum of 12 square metres for each sign face;
not exceed a maximum height of 10 metres above grade;
be located on a property where more than one business exists;
display only a listing of the names of these businesses.
6.2.3
FASCIA SIGNS
Fascia signs are permitted in all zones.
In Residential Zones, fascia signs must be non-illuminated and
are permitted to identify the residents, no trespassing, a Tourist
Home or a Home Occupation, to a maximum size of 0.4 square
metres.
In all zones, except Residential Zones, fascia signs are
permitted provided that the sign shall:
i) be attached to, painted or erected upon a wall or surface of a building
with the face of the sign parallel to the wall. Fascia signs shall not be
painted upon or cover a fence or roof;
ii) be limited to a vertical dimension not exceeding 1.5 metres;
iii) not exceed the length of the wall of the building upon which the sign is
displayed;
iv) be permitted along two sides of a building below the level of the second
floor windows;
v) not project more than 23 centimetres from the wall on which the sign is
located; and
vi) not exceed in size 20% of the area of the entire building face to which it
is attached.
6.2.4
FREESTANDING SIGNS
Freestanding signs are permitted in all Institutional, Commercial and Industrial
Zones, providing the sign shall meet the following standards:
1) Permanent Low Level Signs:
not exceed a maximum height of 2.5 metres;
not exceed a maximum size of 2.0 square metres;
the support(s) maintain a minimum 2 metre setback for all front
and side yards; and
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
in the case of a corner lot, be at least 11 metres from the
intersection of the lot lines.
2) Permanent Overhead Signs:
not exceed a maximum height of 10 metres;
not exceed a maximum size of 9 square metres;
maintain a minimum 2 metre setback; and
in the case of a corner lot, be at least 11 metres from the
intersection of the lot lines.
3) Permanent Overhead Sign Standards for Highway Commercial Zone:
not exceed a maximum height of 15 metres;
not exceed a maximum size of 14 square metres;
maintain a minimum 4 metre setback; and
in the case of a corner lot, be at least 12 metres from the
intersection of the lot lines.
6.2.5
PROJECTING SIGNS
Projecting signs are permitted in Commercial and Industrial Zones, provided the
sign shall:
1) be limited to a maximum of 6.0 square metres per sign face;
2) not project more than 2.5 metres from the building wall and be at least 3.0
metres from the ground;
3) not project over property lines; and
4) be limited to one per business.
6.2.6
PORTABLE SIGNS AND SANDWICH BOARD SIGNS
Portable and Sandwich Board signs are permitted in Institutional, Commercial, and
Industrial Zones, provided the sign shall:
1) not be placed or erected to stand higher than 2 metres in height above the
ground;
2) not be placed within 25 metres of a permitted permanent sign;
3) not be placed closer to the nearest travelled portion of any street or
highway than 6 metres, not closer than 1.5 metres from any street line;
4) has a valid permit affixed to the sign;
5) is the only Portable Sign or Sandwich Board Sign on the property permitted,
for a period not longer than 14 days, and is renewable not more than six
times per calendar year.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
PART 2 - ZONES
SECTION 7: RESIDENTIAL
7.1
RESIDENTIAL ZONES
Five (5) residential zones have been established. The following table summarizes
the permitted use and minimum lot sizes in each zone.
Zone
Permitted Use
Single
Two Unit
Town or Row
House
Multiple
Semi
Detached
Duplex
One Unit Residential (R-1)
Serviced
690m2
Unserviced
4000m2
One and Two Unit Residential (R2)
Serviced
690m2
690m2
Subject to
minimum ground
floor area
calculation
Unserviced
4000m2
Multiple Residential (R3)
Serviced
690m2
900m2
690m2
690m2
1580m2 plus
105m2 for each
dwelling unit in
excess of four
units
Mobile Home Residential(MHP)
465 300 m2
*Mobile or Mini
Home Only
Rural Residential (RR)
4000m2
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
7.2
ONE UNIT RESIDENTIAL (R-1)
The One Unit Residential Zone accommodates one unit dwellings. The R-1 zone is
intended for lands within the Residential Intensification Area, with the ability to
accommodate secondary or garden suites. Lots outside of the intensification area
that are under one acre in size will also be accommodated under this zone; however
additional uses may be prohibited.
7.2.1
PERMITTED USES
Any land, building or structure in the One Unit Residential Zone may be used for
the purpose of:
1) one-unit dwelling;
2) a park or playground;
3) an accessory building, subject to Section 4.1
4) Garden Suite, subject to section 4.6 ZBL 122C 2023
5) Secondary Suite, subject to section 4.21 ZBL 122C 2023
7.2.2
CONDITIONAL USES
The following uses may be permitted, subject to Planning Advisory Committee
approval, and such terms and conditions as determined by the Planning Advisory
Committee:
1) a Bed and Breakfast, subject to Section 4.26 (Tourist Homes);
2) a Neighbourhood Day Care, subject to Section 4.4 (Day Cares);
3) Home Occupation, subject to Section 4.9 (Home Occupations);
4) Supportive Housing, subject to Section 4.24
7.2.3
STANDARDS
The following standards apply to the One Unit Residential Zone:
1) Minimum Lot Area
(i)
Unserviced
4,000 square metres
(ii)
Serviced
690 square metres
2) Minimum Frontage
(i)
Unserviced
55 metres
(ii)
Serviced
30 metres
3) Minimum Lot Depth
(i)
Unserviced
38 metres
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
(ii)
Serviced
23 metres
4) Minimum Front Yard
7.5 metres
5) Minimum Front Yard
5.0 metres
6) Minimum Rear Yard
7.5 metres
7) Minimum Side Yard
3.5 metres
8) Maximum Lot Coverage
i)
Interior Lot
40%
ii)
Corner Lot
35%
9) Maximum Height
9 metres
10) Minimum Ground Floor Area
a) Unserviced
i)
One-Storey
93 square metres
ii)
One & a half-storey
65 metres
iii)
Two-Storey
55 metres
Serviced
i)
One-Storey
85.5 square metres
ii)
One & half-storey 60 square metres
iii) Two-Storey
55 square metres
11) Off-Street Parking
In accordance with Section 5 of this By-law.
7.2.4
CONDITIONS OF USE: GROUND FLOOR AREA CALCULATIONS
1) For the purposes of this section, ground floor area or floor area does not
include attached garages, carports, porches, verandas, breezeways,
approach halls, patios or, stairs not completely contained in a dwelling unit.
2) Minimum ground floor area shall consist of a minimum width of at least 6 m
throughout the entire length of the main structure.
3) The provisions of this section do not apply to mobile home dwellings, mini-
home dwellings, or tiny homes.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
7.2.5
ONE AND TWO UNIT RESIDENTIAL (R2)
7.2.5.1.1 PERMITTED USES
In this zone, any land, building or structure may be used for the purpose of:
1) a One-Unit dwelling;
2) a Semi-Detached dwelling;
3) a Townhouse Dwelling, up to and including 6 units;
4) an accessory building, subject to Section 4.1 (Accessory Structures);
5) a secondary suite, subject to Section 4.21;
6) a garden suite subject to 4.6; or
7) Home Occupation, subject to section 4.9 ZBL 122C 2023
7.2.5.2
CONDITIONAL USES
The following uses may be permitted subject to Planning Advisory Committee
approval, and such terms and conditions as determined by the Planning Advisory
Committee:
1) a Bed and Breakfast, subject to Section 4.26 (Tourist Homes);
2) a Garden Suite, mobile or mini home dwelling, subject to section 4.6; ZBL122B
2022
3) a Group Home, subject to Section 4.7
4) a Neighbourhood Day Care, subject to Section 4.4 (Day Cares);
5) Home Occupation, subject to Section 4.9 (Home Occupations);
6) Supportive Housing, subject to Section 4.24
7.2.5.3
STANDARDS
The following standards apply to this zone:
1) Minimum Lot Area
a)
Unserviced
4,000 square metres
b) Serviced
690 square metres
2) Minimum Frontage
Unserviced
55 metres
Serviced
23 metres
3) Minimum Lot Depth
Unserviced
38 metres
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
Serviced
30 metres
4) Minimum Front Yard
7.5 metres
5) Minimum Flankage Yard
5.0 metres
6) Minimum Rear Yard
7.5 metres
7) Minimum Side Yard
3.5 metres
8) Maximum Lot Coverage
Interior Lot
40%
Corner Lot
35%
9) Maximum Height
9 metres
10) Minimum Ground Floor Area
Unserviced
i) One-Storey
93 square metres
ii) One & a half-storey
65 square metres
iii) Two-Storey
55 square metres
Serviced
i) One-Storey
85.5 square metres
ii) One & a half-storey
60 square metres
iii) Two-Storey
55 square metres
11) Off-Street Parking
In accordance with Section 5 of this By-law.
7.2.5.4
CONDITIONS OF USE: GROUND FLOOR AREA CALCULATIONS
The calculation of floor area in Section 7.2.4 also applies to this Zone.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
7.2.6
MULTIPLE RESIDENTIAL (R-3)
7.2.6.1
PERMITTED USES
In this zone, any land, building or structure may be used for the purpose of:
1) a One Unit Dwelling;
2) a Duplex Dwelling;
3) a Semi-detached Dwelling;
4) a Multiple Dwelling;
5) a Townhouse Dwelling;
6) a Secondary Suite, subject to Section 4.21;
7) a Garden Suite, subject to Section 4.6;
8) a Boarding House;
9) Accessory Building(s) subject to Section 4.1 (Accessory Structures); or
10) Home Occupation, subject to Section 4.9. ZBL 122C 2023
7.2.6.2
CONDITIONAL USES
The following uses may be permitted subject to Planning Advisory Committee
approval, and such terms and conditions as determined by the Planning Advisory
Committee:
1) a Bed and Breakfast, subject to Section 4.26 (Tourist Homes);
2) a Garden Suite, subject to section 4.6; ZBL 122B 2022
3) a Group Home, subject to Section 4.7;
4) a Neighbourhood Day Care, subject to Section 4.4 (Day Cares); or
5) Supportive Housing, subject to Section 4.24
7.2.6.3
STANDARDS
The following standards apply to this zone:
1) Minimum Lot Area
Serviced
i) one unit
600 square metres
ii) duplex
690 square metres
iii) semi-detached
690 square metres
iv) apartment
1260 square metres plus 105
square metres for each dwelling unit in excess of four
2) Minimum Frontage
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
Serviced
i) one-unit
20 metres
ii) duplex
23 metres
iii) semi-detached
23 metres
iv) apartment dwelling
35 metres plus 1.5 metres for each
unit in excess of four
3) Minimum Lot Depth
30 metres
4) Minimum Front Yard
7.5 metres
5) Minimum Flankage Yard
5.0 metres
6) Minimum Rear Yard
7.5 metres
7) Minimum Side Yard
3.5 metres
8) Maximum Lot Coverage
60%
9) Maximum Height
10) 12 metres
11) Minimum Landscaped
45 square metres/dwelling Open Space
12) Minimum Floor Area
Unserviced
i) One-Storey
93 square metres
ii) One & a half-storey
65 square metres
iii) Two-Storey
55 square metres
Serviced
i) One-Storey
85.5 square metres
ii) One & a half-storey
60 square metres
iii) Two-Storey
55 square metres
13) Off-Street Parking
In accordance with the provisions of
Section 5 of this By-law
14) All permitted uses must be serviced by a municipal sewer system owned by
the Town.
7.2.6.4
CONDITIONS OF USE: FLOOR AREA CALCULATION
The calculation of floor area in Section 7.2.4 also applies to this zone.
7.2.7
MOBILE HOME RESIDENTIAL (MHP)
7.2.7.1
PERMITTED USES
In this zone, any land, building or structure may be used for the purpose of:
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
A Mobile Home Park;
A Mobile Home Site; or
A Mini-Home Site.
7.2.7.2
CONDITIONAL USES
A Mobile Home Park or Site is subject to the requirements of any applicable By-law.
The following uses may be permitted:
A Home Occupation, subject to the provision of Section 4.9 (Home
Occupations); or
An accessory building, subject to other provisions of Section 4.1
(Accessory Structures).
7.2.7.3
MOBILE HOME LOT STANDARDS
The following standards apply to this zone:
1)
Maximum number of Mobile
1
or Mini Homes per lot
2)
Minimum Frontage
10 metres
3)
Minimum Lot Area
300 square metres
4)
Minimum Front Yard
6 metres
5)
Minimum Flankage Yard
5 metres
6)
Minimum Rear Yard
2.25 metres
7)
Minimum Side Yard
2.5 metres
8)
Maximum Lot Coverage
40%
9)
Sewer Services
All Mobile Home and Mini Home
lots shall be serviced by Municipal
Sewer
10)
Minimum Size of Mobile or
45 square metres
Mini-Home
11)
Maximum height of Mobile
5 metres
Home or Mini-Home.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
7.2.8
RURAL RESIDENTIAL (RR)
The Rural Residential zone accommodates larger, unserviced development typical
of rural living. Lot sizes are typically larger to accommodate a mixture of uses and
equipment including larger accessory buildings. Smaller scale agricultural uses like
hobby farming and greenhouses are accommodated in this zone.
7.2.8.1
PERMITTED USES
Any land, building or structure in this zone may be used for the purpose of:
1) one-unit dwelling;
2) an accessory building, subject to Section 4.1
3) Mobile Home Dwelling, subject to Section 4.17
4) Mini Home Dwelling, subject to Section 4.17
5) Tiny Home, subject to Section 4.31
7.2.8.2
CONDITIONAL USES
The following uses may be permitted, subject to Planning Advisory Committee
approval, and such terms and conditions as determined by the Planning Advisory
Committee:
1) Agricultural Use;
2) Bed and Breakfast;
3) Garden Suite, subject to 4.6;
4) Home Occupation;
5) Kennel;
6) Secondary Suite, subject to 4.21;
7) Supportive Housing Facility, subject to 4.24 ZBL112(July 2021)
7.2.8.3
STANDARDS
The following standards apply to this zone:
1) Minimum Lot Area
4,000 square metres
2) Minimum Frontage
55 metres
3) Minimum Lot Depth
38 metres
4) Minimum Front Yard
7.5 metres
5) Minimum Flankage Yard
5.0 metres
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
6) Minimum Rear Yard
7.5 metres
7) Minimum Side Yard
3.5 metres
8) Maximum Lot Coverage
40%
9) Maximum Height
Maximum height within the
Residential Stable Intensification Area:
12 meters
Maximum height in all other cases:
11 meters
10) Minimum ground floor area for:
a) A Mobile Home Dwelling and a Mini Home Dwelling 75 square metre
b) A Tiny Home
45 square metre
c) All other permitted residential uses:
i) One storey
93 square metre
ii) One and a half-storey
65 square metre
iii) Two storey
55 square metre
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
SECTION 8: COMMERCIAL
8.1
COMMERCIAL ZONES
8.1.1
CENTRAL COMMERCIAL (CC)
The Central Commercial Zone accommodates a range of mixed land uses, including
commercial and residential uses. The Central Commercial Zone is intended for
lands in the traditional commercial core of Town along River Valley Drive. This
zoning is applied within the River Valley Drive Mixed Use Designation of the
Municipal Plan and allows for the on-going transition of River Valley Drive from a
residential corridor to more commercial uses to support the Town's growing
demand for commercial lands.
8.1.1.1
PERMITTED USES
In this zone, any land, building or structures may be used for the purpose of:
a) an Automobile Salesroom or Sales Lot;
b) Bank or other Financial Institution;
a Cannabis Retail Sales Store/Shop ZBL 122C 2023
a Daycare Centre, subject to section 4.4;
a Dwelling Unit(s), including multiple unit;
a Health, Fitness, and Wellness Facility;
a Hotel or Motel;
a Governmental use;
a Medical or Dentist Office;
a Mobile Vendor;
a Museum or Library;
a Microbrewery;
an Office;
a Personal Service;
a Pet Grooming Service;
a Restaurant;
a Retail Store;
a Service Shop;
a Service Station or Vehicle Repair Garage, subject to 8.1.2.1; or
an Accessory Building subject to the provisions of Section 4.1
(Accessory Structures).
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
8.1.1.2
CONDITIONAL USES
The following uses may only be permitted subject to Planning Advisory Committee
approval, and such terms and conditions as determined by the Planning Advisory
Committee:
Bus or other Public Transportation Terminal;
Bakery;
Cleaning or Drying Establishment;
Home Occupation;
Place of Amusement or Entertainment, other than adult
entertainment;
Printing Establishment.
8.1.1.3
STANDARDS
The following standards apply to this zone:
Minimum Lot area
i) Serviced
900 square metres
ii) Unserviced
4,000 square Metres
Minimum Frontage
i) Serviced
30 metres
ii) Unserviced
55 metres
Minimum Lot Depth
30 metres
Minimum Front Yard
15 metres
Minimum Flankage Yard
10 metres
Minimum Rear Yard
3 metres
Minimum Side Yard
3 metres
Maximum Lot Coverage
i) Interior Lot
40%
ii) Corner Lot
35%
Maximum Height
a) Maximum height on streets identified as Community Collector and
Neighbourhood Collector as identified on the Grand Bay-Westfield
Active Transportation Plan (2017): 12 meters Maximum height in all
other cases: 11 meters
b) Maximum height in all other cases: 11 meters
Minimum Floor Area
40 square metres
Off-Street Parking
In accordance with the provisions
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
contained in Section 5 of this By-law.
8.1.2
CONDITIONS OF USE
8.1.2.1
REQUIREMENTS FOR VEHICULAR ORIENTED USES
1) The following main uses shall comply with the specific regulations of this
section:
Drive-Thru Business, including Drive-Thru Restaurant and Carwash;
Gasoline Bar;
Service Station or Commercial Garage;
Drive-in Business (Automotive).
2) Standards - Vehicular Oriented Uses
No building, structure or land shall be used or hereafter erected,
structurally altered or enlarged for the purpose of a vehicular oriented
use, except in accordance with the following requirements:
Minimum Frontage
i) Interior Lot
34 metres
ii) Corner Lot
38 metres
Minimum Lot Depth
38 metres
Minimum Front Yard
i) Main Building
15 metres
ii) Underground Storage Tanks
6 metres
(2,000 litres and more)
Minimum Side Yard
i) Interior Lot
6 metres
ii) Corner Lot
15 metres
Minimum Flankage Yard
10 metres
Minimum Rear Yard
7.5 metres
Maximum Height of Building
7.5 metres
Maximum Lot Coverage
20%
Minimum Landscaped Open Space 50% of the required front yard or
street frontages (Corner Lot)
Queuing Space
In Accordance with the provision contained in Section 5.1.7 of this
By-law.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
8.1.2.2
GASOLINE BARS AND SERVICE STATIONS OR COMMERCIAL
GARAGE
1) Pump Islands:
All Pump Islands shall be located at least 9 metres from any
boundary of the site, parking area on the site, or laneways
intended to control traffic circulation on the site.
A canopy over a pump island may extend to within 6 metres of
the boundary of the site. The canopy area shall not constitute
part of the site coverage for the purpose of this Section.
2) Use:
No part of a lot used for the purpose of a gasoline bar or automobile service
station shall be used for parking a vehicle for a period exceeding one week.
3) Access and Egress:
Access and egress lanes shall be in accordance with the provisions
contained in Section 5.1 of this By-law.
4) Landscaping:
The first 6 metres of the front yard setback area, and on corner lots, the two
frontages shall be landscaped, grassed and kept tidy, except for exits and
entrances. Access lanes crossing the landscaped area shall be curbed not
less than 15 centimetres.
5) Car Washes in Conjunction with Service Stations:
Car washing facilities shall not be permitted as part of a gasoline bar or
automobile service station, unless sufficient parking spaces are provided in
accordance with Section 5 of this By-law, and the applicable provisions of
Section 8.1.2.1 and 8.1.2.2 are complied with.
6) Queuing Space:
Queuing Spaces shall be in accordance with the provisions contained in
Section 5.1.7 of this By-law.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
8.1.3
GENERAL COMMERCIAL (GC)
General Commercial (GC) is intended to accommodate a range of commercial uses
to support Town residents and businesses outside of areas accommodated by the
Commercial Centre and Mixed Use Zones. This zone shall be applied by conditional
use only.
8.1.3.1
CONDITIONAL USES
In this zone, the following uses may be permitted subject to Planning Advisory
Committee approval, and such terms and conditions as determined by the Planning
Advisory Committee:
Bus or other Public Transportation Terminal;
Bakery;
Cannabis sales;
Cleaning or Drying Establishment;
Daycare Centre, subject to 4.4;
Health, Fitness, and Wellness Facility;
Kennel;
Mobile Vendor;
Pet Grooming;
Place of Amusement or Entertainment, other than adult
entertainment;
Printing Establishment;
Automobile Salesroom or Sales Lot;
Bank or other Financial Institution;
Dwelling Unit, provided the residential use is not located on the
ground floor;
Hotel or Motel;
Governmental use;
Museum or Library;
Office;
Restaurant;
Retail Store;
Service Shop;
Service Station or Public Garage, subject to 8.1.2.1 and 8.1.2.2;
or
Accessory Building subject to the provisions of Section 4.1
(Accessory Structures).
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
8.1.3.2
STANDARDS
The following standards apply to this zone:
1) Minimum Lot area
Serviced
900 square metres
Unserviced
4,000 square Metres
2) Minimum Frontage
Serviced
50 metres
Unserviced
55 metres
3) Minimum Lot Depth
50 metres
4) Minimum Front & Flankage Yard
15 metres
5) Minimum Rear Yard
3 metres
6) Minimum Side Yard
3 metres
7) Maximum Lot Coverage
Interior Lot
20%
Corner Lot
15%
8) Maximum Height
9 12 metres
9) Minimum Floor Area
40 square metres
10) Off-Street Parking
In accordance with the provisions contained
in Section 5 of this By-law.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
8.1.4
HIGHWAY COMMERCIAL (HC)
The intent of the Highway Commercial Zone is to acknowledge the potential for
highway-oriented commercial development and accommodate the demand for a
wide variety of automobile-oriented retail, service and office uses which require
attractive, low profile, ground-oriented building accommodation having direct visual
exposure to and convenient access from Route 7. The Highway Commercial Zone
is intended showcase the area through provision for both single and multiple-
tenancy buildings and to provide outdoor areas for the display of goods, equipment
or materials for some specified uses subject to the following provisions.
8.1.4.1
PERMITTED USES
In this zone, any land, building or structures may be used for the purpose of:
an Automobile Salesroom or Sales Lot;
a Bank or other Financial Institution;
a Cannabis Retail Sales Store/Shop ZBL 122C 2023
a Hotel or Motel;
a Governmental use;
a Mobile Vendor;
a Office;
a Restaurant;
a Retail Store;
a Service Station or Vehicle Repair Garage, subject to section
8.1.2.1 and 8.1.2.1; or
an Accessory Building subject to the provisions of Section 4.1
(Accessory Structures).
8.1.4.2
CONDITIONAL USES
The following uses may be permitted subject to Planning Advisory Committee
approval, and such terms and conditions as determined by the Planning Advisory
Committee:
Building or Garden Supplies;
Car or Truck Rental;
Car Sales or Service, subject to section 8.1.2.1 and 8.1.2.2;
Car or Truck Wash, subject to 8.1.2.1 and 8.1.2.2;
Commercial Parking Lot;
Medical or Dental Office;
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
Nursery or Greenhouse;
Restaurant; or
Hotel or Motel.
8.1.4.3
STANDARDS
The following standards apply to this zone:
1)
Minimum Lot area
Serviced
900 square metres
Unserviced
4,000 square metres
2)
Minimum Frontage
Serviced
50 metres
Unserviced
55 metres
3)
Minimum Lot Depth
50 metres
4)
Minimum Front & Flankage Yard
15 metres
5)
Minimum Rear Yard
3 metres
6)
Minimum Side Yard
3 metres
7)
Maximum Lot Coverage
Interior Lot
40%
Corner Lot
35%
8)
Maximum Height
11 metres ZBL 122C 2023
9)
Minimum Floor Area
40 square metres
10) Off-Street Parking
In accordance with the provisions contained in
Section 5 of this By-law.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
8.1.5
MIXED USE (MU)
The Mixed Use (MU) Zone is intended for lands within the Commercial
Intensification Area and accommodates large format commercial, residential, and
institutional uses. The intent of the Mixed Use Zone is to acknowledge the
investment in Col. Nase Boulevard and encourage the development of a mixture of
uses which will link the potential commercial activity around the Route 7
Interchange to the Town Centre. ZBL 122B 2022
8.1.5.1
PERMITTED USES
Any land, building or structures may be used for the purpose of:
Accommodation;
Dwelling, multiple;
Daycare Centre, subject to Section 4.4;
Service Station, subject to section 8.1.2.1 and 8.1.2.2;
Transit Terminal;
Vehicle Rental;
Artist or Craftsperson Studio;
Bakery;
Microbrewery;
Mobile Vendor;
Restaurant;
Community Centre;
Day Care Facility;
Financial Service;
Funeral Service;
Grocery Store;
Health, Fitness, and Wellness Facility;
Museum and Library;
Medical or Dental Clinic;
Supportive Housing;
Personal Service;
Pet Grooming;
Office;
Retail;
Household Service and Repairs;
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
School;
Supportive Housing Facility, subject to section 4.24 ZBL 112A (July
2021)
Veterinary Clinic.
8.1.5.2
CONDITIONAL USES
The following uses may be permitted, subject to Planning Advisory Committee
approval, and such terms and conditions as determined by the Planning Advisory
Committee:
Building or Garden Supply
Cannabis Retail Sales
8.1.5.3
STANDARDS
The following standards apply to this zone:
1) Minimum Lot area
Serviced
900 square metres
Unserviced
4,000 square metres
2) Minimum Frontage
Serviced
50 metres
3) Minimum Lot Depth
50 metres
4) Minimum Front & Flankage Yard
15 metres
5) Minimum Rear Yard
3 metres
6) Minimum Side Yard
3 metres
7) Maximum Lot Coverage
Interior Lot
40%
Corner Lot
35%
8) Maximum Height
11 metres ZBL 122C 2023
9) Minimum Floor Area
40 square metres
10) Off-Street Parking
In accordance with the provisions
contained in Section 5 of this By-law.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
SECTION 9: INDUSTRIAL
9.1
GENERAL PROVISIONS FOR INDUSTRIAL ZONES
9.1.1
LANDSCAPING REQUIREMENTS
The required front yard shall be landscaped, excepting the driveways and parking
areas in accordance with Section 5.1 of this By-law. In the case of a corner lot, the
side yard abutting a side street shall be landscaped to a depth of 6 metres,
excepting access lanes and parking areas.
9.1.2
PROPERTY ABUTTING RAILWAY
Where any lot line or portion thereof abuts a railway right-of way, no interior side
yard or rear yard setback distance shall be required along that portion of such lot
line abutting the railway right-of-way.
9.1.3
OUTSIDE STORAGE
1) Unless otherwise stated in this By-law, outside storage shall be permitted
and shall be screened from the street by a wall or solid fence not less than
2 metres and not more than 2.5 metres in height. No material shall be piled
higher than the height of the surrounding fence.
2) The height of the wall or fence may be increased or decreased by an
amount equal to the depth of the grade of the surrounding land to the
satisfaction of the Development Officer. Where feasible, existing screening
trees shall be preserved.
9.1.4
SALVAGE OR WASTE DISPOSAL FACILITY, RECYCLING FACILITY OR
JUNK YARD
Where land is used for the storage of scrap, recycling or automotive materials, the
following regulations shall apply:
The whole of the operation shall be surrounded by a solid
fence, not less than 3 metres and not greater than 5 metres in
height, unpierced except for gates necessary for access;
The fence shall be located at least 6 metres from the front line
and 2 metres from the side or rear lot lines, and the land
between the fence and any lot line not required for entrance
and exit driveways shall be used only for landscaping;
No material shall be piled higher than the height of the
surrounding fence.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
9.2
INDUSTRIAL ZONES
9.2.1
LIGHT INDUSTRIAL (LI)
The intent of the Light Industrial zone is to accommodate a range of non-offensive,
light industrial uses to support the needs of businesses and residents of the Town.
The Light Industrial zone is intended for land on the West of Highway of 7.
9.2.1.1
PERMITTED USES
Any land, building or structures may be used for the purpose of:
Distribution Facility;
Fleet Service;
Kennel;
Landscaper Material Supply;
Self-storage facility;
Vehicle Repair Shop subject to 8.1.2.1 and 8.1.2.2; or
Warehouse
9.2.1.2
CONDITIONAL USES
The following uses may be permitted, subject to Planning Advisory Committee
approval, and such terms and conditions as determined by the Planning Advisory
Committee:
Cannabis Production Facility
Other Light Industrial Uses
9.2.1.3
STANDARDS
The following standards apply to this zone:
1) Minimum Lot Area
Serviced
1,700 square metres
Unserviced
4,000 square metres
2) Minimum Frontage
Serviced
37 metres
Unserviced
55 metres
3) Minimum Lot Depth
Serviced
38 metres
Unserviced
46 metres
4) Minimum Front & Flankage Yard
7.5 metres
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
5) Minimum Rear Yard
3 metres, subject to Section 9.2.1.4
6) Minimum Side Yard
3 metres, subject to Section 9.2.1.4
7) Maximum Height
11 metres ZBL 122C 2023
8) Minimum Floor Area
68 square metres
9) Off-Street Parking
In accordance with the provisions of Section 5
of this By-law
10) Loading and Unloading
In accordance with the provisions of Section
Areas 5.3 of this By-law
9.2.1.4
INDUSTRIAL DEVELOPMENT ABUTTING A RESIDENTIAL ZONE
The rear or side yard shall be equal to twice the height of the main building or
structure where a lot abuts a Residential Zone, and provide a visual barrier of a
minimum of 2 metres high.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
9.2.2
PITS AND QUARRIES (P&Q)
9.2.2.1
PERMITTED USES
In this zone, any land, building or structures may be used for the purpose of, and
for no other purpose than a sand, gravel, clay, shale pit, or quarry subject to section
16 of this By-law.
9.2.2.2
STANDARDS
The following standards apply to this zone:
1) Minimum Lot Area
Unserviced
20,000 square metres
2) Minimum Frontage & Flankage Yard
Unserviced
100 metres
3) Minimum Lot Depth
Unserviced
200 metres
4) Minimum Front Yard
15 metres
5) Minimum Rear Yard
15 metres, subject to section 9.2.2.3
6) Minimum Side Yard
15 metres, subject to section 9.2.2.3
7) Minimum Floor Area
40 square metres
8) Off-Street Parking
In accordance with the provisions of section 5
of this By-law
9) Loading and Unloading
In accordance with the provisions of section
Areas
5.3 of this By-law
9.2.2.3
NEW PITS AND QUARRIES ABUTTING A RESIDENTIAL ZONE
The rear or side yard of any new pit or quarry shall be equal to
twice the height of any main building or structure used in
conjunction with the pit or quarry where the lot abuts a
residential zone. The operator of the pit or quarry is to provide
a visual barrier, to be approved by the Development Officer, to
a minimum of two (2) metres high.
10.1This section of the Zoning By-law does not apply to existing
pits and quarries.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
SECTION 10 : INSTITUTIONAL ZONES
10.1
INSTITUTIONAL (INST)
10.1.1
PERMITTED USES
In this zone, any land, building or structure may be used for the purpose of:
a Cemetery;
a Community Building;
a Daycare Facility, subject to Section 4.4;
an Educational Establishment;
a Governmental Building;
a Hospital or Rehabilitation Centre;
a Supportive Housing Facility, subject to Section 4.24;
a Mobile Vendor;
an Office of a Non-Profit Organization;
a Park or Open Space;
a Medical Clinic; or
a Place of Worship.
10.1.2
STANDARDS
The following standards apply to this zone:
1) Minimum Front & Flankage Yard
9 metres
2) Minimum Rear Yard
9 metres
3) Minimum Side Yard
9 metres
4) Maximum Height
11 metres ZBL 122C 2023
5) Minimum Landscaped
50% of all yards abutting a street Open
Space
6) Off-Street Parking
In accordance with the Provisions of
Section 5 of this By-law.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
SECTION 11: PARK/GREEN SPACE
11.1
PARK/GREEN SPACE (P)
11.1.1
PERMITTED USES
In this zone, any land, building or structure may be used for the purpose of:
1) a Public Park or Open Space, including Playground and Sports or
Recreation Establishment; or
2) a Public or Private Golf Course.
11.1.2
CONDITIONAL USES
The following uses may be permitted, subject to Planning Advisory Committee
approval, and such terms and conditions as determined by the Planning Advisory
Committee:
1) Commercial Recreational Uses
11.1.3
STANDARDS
The following standards apply to this zone:
1) Minimum Front & Flankage Yard
9 metres
2) Minimum Rear Yard
9 metres
3) Minimum Side Yard
9 metres
4) Off-Street Parking
In accordance with the provisions contained in
section 5 of this By-law
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
SECTION 12: ENVIRONMENTAL PROTECTION ZONE
12.1
ENVIRONMENTAL PROTECTION (EP)
12.1.1
PERMITTED USES
In this zone, any land, building or structure may be used for the purpose of:
a Sewage Lagoon or Sewage Treatment Facility;
a Sanitary Landfill; or
any other use required for environmental remediation or
protection.
12.1.2
CONDITIONAL USES
The following uses may be permitted subject to Planning Advisory Committee
approval, and such terms and conditions as determined by the Planning Advisory
Committee:
Any accessory building, structure or use incidental to the main use of the
land, building, or structure if such main use is permitted by this Section.
12.1.3
STANDARDS
The following standards apply to this zone:
1) Minimum Front & Flankage Yard
9 metres
2) Minimum Rear Yard
9 metres
3) Minimum Side Yard
9 metres
4) Off-Street Parking
In accordance with the provisions
contained in Section 5 of this By-law
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
SECTION 13: RURAL RESOURCE
13.1
RURAL RESOURCE ZONE (RU)
13.1.1
PERMITTED USES
The Rural Resource Zone (RU) indicates land which is for low-impact resource use
and future development. No other than the uses hereunder shall be permitted:
1) Uses actually and legally in existence at the time of the passing of this By-
law;
2) Agricultural or Forestry use;
3) Municipal Installation use; or
4) An Accessory Building, structure or use, incidental to the main use of the
land, building or structure, if such main use is permitted by this Section;
5) Seasonal Dwelling, subject to 13.1.3 ZBL 122B 2022
13.1.2
CONDITIONAL USES
1) The following uses may be permitted, subject to Planning Advisory
Committee approval, with such terms and conditions applied by the
Planning Advisory Committee and upon entering into an Agreement with
the Town:
A One Unit Dwelling; or
A Second One-Unit Dwelling, on lots fronting onto Nerepis
Road ZBL 112A (July 2021)
2) When considering the above conditional uses, the Committee and Town
must consider the following:
Access for emergency services;
Services;
Building Code compliance; or
Other conditions deemed necessary, at the discretion of the
Committee, the Development Officer, and Council.
13.1.3
CONDITIONS OF USE
a) One Seasonal Dwelling per lot is permitted in unserviced areas of the Rural
Resource Zone, subject to the following:
i) Seasonal Dwellings are required to be less than 58.06 square metres in gross
floor area and are exempt from the Minimum Frontage requirements of this
zone.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
ii) Seasonal Dwellings are required to be less than 58.06 square metres or less in
gross floor area and are exempt from the Minimum Frontage requirements of this
zone."
13.1.4
STANDARDS
The following standards apply to this zone:
1) Minimum Lot Area
20,128 square metres
2) Minimum Front & Flankage Yard
56 metres
3) Minimum Depth
38 metres
4) Minimum Front Yard
7.5 metres
5) Minimum Rear Yard
15 metres
6) Minimum Side Yard
5 metres
7) Maximum Lot Coverage
Interior Lot
40%
Corner Lot
35%
8) Maximum Height
9 metres
9) Minimum Ground Floor Area
One-Storey
55 square metres
One and a Half-Storey
46 square metres
Two-Storey
37 square metres
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
SECTION 14: MUSQUASH WATERSHED PROTECTED AREA
14.1
MUSQUASH WATERSHED PROTECTED AREA (MWPA)
14.1.1
PERMITTED USES
The uses and standards prescribed in this section shall be those that apply in the
Musquash Watershed Protected Area, (the "MWPA").
14.1.2
MWPA SUBZONE 1
The MWPA Subzone 1 shall be that portion of the MWPA depicted on the zoning
map as being encompassed by both the MWPA and the Rural Resource Zone.
14.1.2.1
MWPA SUBZONE 1 PERMITTED USES AND STANDARDS
To the extent that the permitted uses and standards described in section 13 of this
By-law, (the "Rural Resource Zone Standards") are consistent with the standards set
forth in the Watershed Protected Area Designation Order cited as regulation
number 2001-83 of the Clean Water Act of New Brunswick, (the "Watershed
Protected Area Standards"), the Rural Resource Zone Standards shall be those that
apply in the MWPA Subzone 1.
14.1.3
MWPA SUBZONE 2
The MWPA Subzone 2 shall be that portion of the MWPA depicted on the Zoning
Map as being encompassed by both the MWPA and the One Unit Residential (R1)
Zone.
14.1.3.1
MWPA SUBZONE 2 PERMITTED USES AND STANDARDS
To the extent that the permitted uses and standards described in sections 4.2, 4.12
to 4.17, and 4.23 and 7.2.3 of this By-law, (the "R1 Zone Standards") are consistent
with the Watershed Protected Area Standards, the R1 Zone Standards shall be those
that apply in the MWPA Subzone 2.
14.1.4
MWPA SUBZONE 3
The MWPA Subzone 3 shall be that portion of the MWPA depicted on the zoning
map as being encompassed by both the MWPA and the Multiple Residential (R3)
Zone.
14.1.4.1
MWPA SUBZONE 3 PERMITTED USES AND STANDARDS
To the extent that the permitted uses and standards described in sections 4.2, 4.12
to 4.17, and 4.23 and 7.2.6.3 of this By-law, (the "R3 Zone Standards") are consistent
with the Watershed Protected Area Standards, the R3 Zone Standards shall be
those that apply in the MWPA Subzone 3.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
14.1.5
WATERSHED PROTECTED AREA STANDARDS TO PREVAIL
To the extent that the Rural Resource Zone Standards, the R1 Zone Standards and
the R3 Zone Standards are inconsistent with the Watershed Protected Area
Standards, the Watershed Protected Area standards shall be those that apply
throughout the entire MWPA.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
SECTION 15: FLOOD OVERLAY ZONE
15.1.1
FLOOD OVERLAY ZONE
The Flood Overlay Zone is intended to promote sustainable development, prevent
serious and irreversible damage to peoples, structures and the environment and
permit only development that demonstrates an adaptation to flood vulnerable
areas. All other sections of this by-law apply to the base zones. Recognizing that
flooding impacts and the vulnerabilities to Grand Bay-Westfield's river shore change
with geography. For example, due to the exposure of South Bay, properties along
River Street may experience additional impacts related to wave heights during a
flood event and may require additional due diligence at the permitted stage. The
process below creates flexibility to add terms and conditions associated with
developing in flood prone areas. The Flood Overlay Zone is depicted on Schedule
B of this by-law.
15.1.2
CONDITIONAL USES
1) No main building may be erected, constructed or modified in the Flood
Overlay Zone unless it meets the following minimum requirements:
In the case of a new building:
i) Notwithstanding section 4.16, a minimum floor elevation greater than
7.4m may be required within the Flood Overlay Zone dependent on the
unique vulnerabilities of the property.
ii) A development or building permit request must include:
(1) A site plan and elevation drawings demonstrating the elevation
of the habitable part of the building;
(2) A plan and drawings that demonstrate the flood; proofing of all
electrical, mechanical and plumbing systems, by design, for the
area below the required elevation;
(3) A drainage plan, if the adaptation measures result in more than
one (1) metre of fill (in elevation) for properties less than one (1)
acre.
(4) A site plan demonstrating that access to the property and
dwelling unit is at an elevation that does not impact access to
the property or dwelling unit during a flood event.
iii) Other terms and conditions to mitigate the impact of flooding to life and
structures as deemed appropriate by the Development Officer and the
Committee
iv) The applicant may be required to enter into development agreement with
the Town to be registered with Service New Brunswick on the title of the
property.
In the case of an existing building, the building may be
expanded or modified if:
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
i) It does not reduce the elevation of the existing building
ii) It does not increase the non-adapted habitable portion of the building by
the lesser of 25% o2 23.2m2 (250ft2)
iii) A non-adapted expansion or modification is limited to one per main
building
iv) The development officer or committee may impose additional terms and
conditions to mitigate the impact of flooding to life and structures as
deemed appropriate by the Development Officer and the Committee
v) The applicant may be required to enter into a Development Agreement
with the Town to be registered with Service New Brunswick on the title
of the property.
SECTION 15.1.1 DOES NOT APPLY TO ACCESSORY STRUCTURES, OPEN SPACE
USES OR TEMPORARY USES PERMITTED BY THIS BYLAW
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
SECTION 16: EXCAVATION OF MATERIALS
16.1
DEFINITIONS
In this Section:
"Development Officer" means the Town of Grand Bay-Westfield Building
Inspector appointed by the Town.
"Excavation of Land" includes any act, operation, or process by which
earth, sand, gravel, stone, rock, clay or similar material is cut into, dug,
uncovered, removed, displaced, relocated, or bulldozed, including the
conditions resulting therefrom, provided the excavation extends to a
depth of 1 metre below the undisturbed surface which existed before the
excavation began.
16.2
PERMIT REQUIRED
No person may undertake or continue the excavation of land unless an Excavation
Permit has been issued therefor by the Development Officer, pursuant to this
Section.
16.3
APPLICATION
A person seeking to obtain an Excavation Permit or renewal thereof under this
Section shall make an application in writing to the Development Officer in a form
prescribed by that officer.
16.4
INFORMATION REQUIRED
An application mentioned in Section 16.3 shall:
1) state the name and address of the Applicant, the name and address of the
owner of the property to be excavated, if the applicant is not the owner, and
the location of the proposed excavation;
2) be accompanied by a plan drawn to a scale not less than 1 to 500 indicating
the boundaries of the land involved in the proposal and the boundaries of
that portion proposed to be excavated;
3) indicate the proposed base or lowest level of the proposed excavation;
4) set out the means to be employed by the applicant to maintain access to
the excavation, the public street over which excavated material will be
transported and the method by which they will be maintained in a relatively
dust free condition as by paving, sweeping, or the use of calcium chloride;
5) indicate the estimated date of commencement and termination of work
involved in the excavation;
6) include a proposal for rehabilitation of the site of the excavation and the
proposed time limit therefore, which the Development Officer shall submit
to Council for its approval;
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
7) indicate the size and location of signs erected or proposed to be erected
within the lands involved in the proposal.
8) security to be deposited in the sum of money or surety bond in lieu thereof,
issued by an insurance company licensed to carry on business in New
Brunswick, in amount adequate to cover the cost of rehabilitation required
under section 16.11.
16.5
FEES
Subject to this section, where:
1) an application under Section 16.4 has been received;
2) the proposed excavation and the proposal for rehabilitation of the site meet
the requirements of this Section; and
3) the fee set out in Section 16.6 has been paid, and the Development Officer
shall issue the Excavation Permit requested.
16.6
PERIOD OF VALIDITY
An Excavation Permit is valid until December 31st in the year of issue, and the fee
for such permit or renewal thereof is $1,000.00.
16.7
REQUIREMENTS
An Excavation Permit shall:
1) be in a form prescribed by the Development Officer;
2) set out information pursuant to Section 16.4 contained in the application
therefor, and;
3) be signed by both the Development Officer and the Applicant and the
owner of the property, if the Applicant is not the owner.
16.8
RESTRICTIONS
No Permit shall be issued under this section if:
1) the proposed work would be apt to:
create a hazard to human life;
create injury to a person;
cause physical damage to adjoining property.
2) the excavation site is or would be subject to geological instability or flood
hazard to the extent that no reasonable amount of corrective work could
eliminate or sufficiently reduce the instability or hazard;
3) the Council does not accept:
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
the rehabilitation proposal and the proposed time limit thereof
required by Section 16.4 (6); or;
the security required by Clause 16.4 (8).
16.9
OTHER TERMS AND CONDITIONS
A Permit under this Section is subject to the following terms and conditions:
1) that no excavation take place below the base or lowest level indicated in
Section 16.4(3);
2) that accesses to the excavation and public streets over which excavated
material is transported shall be maintained by the applicant in a manner that
would eliminate dust as much as possible such as by paving and sweeping
of the accesses, sweeping adjacent streets or the use of calcium chloride
on unpaved sections of the accesses or adjoining streets;
3) that the excavation, and any work related thereto, is carried out only
between the hours of 7:00 a.m. and 8:00 p.m. and only on days other than
Sundays and a prescribed day of rest as defined by the Days of Rest Act;
4) that no operation in relation to the excavation is conducted in such manner
as:
to be apt to create a hazard to human life, to cause injury to a
person or to damage adjoining property;
to permit ponding of water in excess of 0.6 metres in depth;
to lower the water tables on neighbouring properties, or;
to prejudice proposed or required rehabilitation of the land;
5) that adequate measures are taken to prevent surface water from damaging
the face of the excavation;
6) that neither the top or toe of the slope of the excavation, or any building or
structure or storage or repair in connection thereto, is within 15 metres of an
abutting property line;
7) that during any period in which any slope is steeper than that stated in
Section 16.11(2), the Applicant and the owner of the land being excavated
will cause protective fencing of a minimum height of 1.3 metres, to be
erected and maintained approximately 6 metres from the top of the slope;
8) that in any instance where an occasional operating condition results in an
operating slope steeper than one and one-half horizontal to one vertical, the
Applicant and the owner of the land being excavated shall bring or shall
have the slope brought to a degree of steepness no greater than one and
one-half horizontal to one vertical within seventy-two hours after stopping
work on that slope;
9) that the excavation site is rehabilitated as provided herein;
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
10) the Applicant/owner shall contact the Development Officer 14 days prior to
the closing of the pit for the season or the expiry date of the permit, which
ever comes first.
16.10 PERIOD OF VALIDITY
The excavation site for which a Permit has been issued hereunder shall be
rehabilitated by the owner thereof within the time limit stated in the Permit, upon:
1) depletion of the material from the site to the extent that further operation
would be no longer viable;
2) failure to seek renewal of an elapsed or canceled Permit; or
3) cessation of operations for a period of at least 12 months.
16.11
REHABILITATION
Rehabilitation mentioned in Section 16.4 shall include the following:
1) where an excavation is over 6 metres deep, a terrace shall be provided not
less than 6 metres in width at each 6 metre interval of the depth;
2) slopes of the excavation shall not be steeper than one and one-half
horizontal to one vertical;
3) all plant or equipment, or buildings or structures, placed or erected on the
site for purposes of the excavation shall be removed;
4) subject to approval of the Development Officer, all stock piles of earth, sand
or other excavated materials shall be removed from the site, backfilled into
the excavation where feasible, or brought to a common grade with the rest
of the land; and;
5) the site shall be cleared of debris and, except for areas of naturally
occurring rock faces, covered with a layer of soil, capable of supporting
vegetation, to a depth of at least 15 centimetres and seeded with grass or
other ground cover to prevent erosion;
6) rehabilitation grading shall prevent ponding of surface water.
16.12 REVOKING OF PERMIT
Where a person violates any of the terms and conditions stated in Section 16.9, or
any provision of this Section, the Development Officer may suspend or revoke the
Excavation Permit, and may, if the violation is rectified, reinstate a suspended
Permit.
16.13 FAILURE TO REHABILITATE
Where the Applicant fails to complete the rehabilitation work required by this
Section 16, in the manner and within the time period so required, Council may take
such action as may be required to cause the said rehabilitation work to be so
completed, and may use the deposited security for all costs incurred by Council in
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
taking such action. In the event the deposited security is insufficient, may recover
any additional costs from the applicant.
16.14 PERMIT NOT REQUIRED
A Permit is not required for the excavation of land where:
1) the excavation is allowed by another Permit issued by the Town; and/or
2) the excavated material is not removed from the site.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
SECTION 17: STRIPPING OF TOP SOIL
17.1
GENERAL
Subject to this Section, no person may strip, excavate or otherwise remove top soil
for sale or for use, from a lot or other parcel of land.
17.2
EXEMPTION
Where, in connection with the construction of a building or structure, there is an
excess of top soil other than that required for grading and landscaping on the lot,
such excess may be removed for sale or for use.
17.3
SOD FARMING
Notwithstanding Section 17.1, the farming of sod may be carried out where the
owner of the land has entered into an agreement with the Town making
arrangements satisfactory to the Town for the rehabilitation of the land. An
agreement shall consider the following:
1) the proposed work shall be described, and the agreement confirm the
proposed activity shall not:
create a hazard to human life;
cause injury to a person;
damage adjoining property; or
adversely affect a public water main or sewer or water course
or street;
i) an agreement must identify any areas of land proposed to be used that
may result in geological instability or flood hazard to the extent that no
reasonable amount of corrective work could eliminate or sufficiently
reduce the instability or hazard;
ii) the proposed work shall not violate any Federal or Provincial legislation.
By-Law No. PD-009, CONSOLIDATED ZONING BY-LAW to October 2024
SECTION 18: BY-LAW REPEAL
By-law No. 122, entitled the Town of Grand Bay-Westfield Zoning By-law enacted
on the 28th day of September, 2020 and Amendments thereto are hereby repealed.
READ A FIRST TIME by title this 12th day of June, 2023.
READ A SECOND TIME by title this 12th day of June, 2023.
READ A THIRD TIME BY title and ENACTED on this 10th day of October, 2023.
This By-law comes into force on the date of final passing thereof.
SIGNED AND APPROVED this 13 day of October, 2023.
_____________
_________________________ _________________________
John Enns-Wind
Brittany Merrifield
CAO / Clerk
Mayor
Seal