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MY MIRAMICHI
Zoning By-law
By-law No. 110
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CITY OF MIRAMICHI ZONING BY-LAW
TABLE OF CONTENTS
SECTION 1: .DEFINITIONS ............................................................................................. 1
1.1 Undefined Terms�����������������������������������������������������������������������������������������������������������������������1
1.2 Defined Terms����������������������������������������������������������������������������������������������������������������������������1
SECTION 2: .APPLICATION AND ADMINISTRATION...............................................23
2.1 Scope and Interpretation�����������������������������������������������������������������������������������������������������23
2.2 Conformity������������������������������������������������������������������������������������������������������������������������������25
2.3 Zone Map�������������������������������������������������������������������������������������������������������������������������������25
2.4 Interpretation of Zoning Boundaries����������������������������������������������������������������������������������26
2.5 Zones Not on Map�����������������������������������������������������������������������������������������������������������������26
2.6 Properties with More Than One Zone�������������������������������������������������������������������������������27
2.7 Uses Permitted������������������������������������������������������������������������������������������������������������������������27
2.8 Powers of The Development Officer����������������������������������������������������������������������������������27
2.9 Powers of the Planning Review and Adjustment Committee (PRAC)����������������������������30
2.10 Amendments�������������������������������������������������������������������������������������������������������������������������32
2.11 Development Permits����������������������������������������������������������������������������������������������������������33
2.12 Permitted Uses in All Zones�����������������������������������������������������������������������������������������������35
SECTION 3: .GENERAL PROVISIONS..........................................................................37
3.1 General Development Provisions����������������������������������������������������������������������������������������37
3.2 Secondary Uses - Residential���������������������������������������������������������������������������������������������46
3.3 Conditional Residential Uses�����������������������������������������������������������������������������������������������51
3.4 Special Provisions for Specific Uses�����������������������������������������������������������������������������������52
SECTION 4: .DRIVEWAY ACCESS, PARKING, AND LOADING...............................59
4.1 Driveway Access��������������������������������������������������������������������������������������������������������������������59
4.2 Parking������������������������������������������������������������������������������������������������������������������������������������60
4.3 Queuing Space����������������������������������������������������������������������������������������������������������������������64
4.4 Loading ����������������������������������������������������������������������������������������������������������������������������������65
SECTION 5: SIGNS........................................................................................................67
5.1 General Provisions����������������������������������������������������������������������������������������������������������������67
5.2 Signs Allowed in Any Zone��������������������������������������������������������������������������������������������������67
5.3 Special Standards and Prohibited Signs��������������������������������������������������������������������������68
5.4 Supplementary Sign Provisions�������������������������������������������������������������������������������������������69
SECTION 6: .RESIDENTIAL ZONES...............................................................................75
6.1 Single Unit Dwelling (R-1) �������������������������������������������������������������������������������������������������77
6.2 Single- or Two-Unit Dwelling (R-2)�������������������������������������������������������������������������������������78
6.3 Residential Mixed Low Density (RML)��������������������������������������������������������������������������������79
6.4 Medium Density A (R-3)�������������������������������������������������������������������������������������������������������82
6.5 Medium Density B (R-4)��������������������������������������������������������������������������������������������������������84
6.6 High Density A (R-5)�������������������������������������������������������������������������������������������������������������85
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CITY OF MIRAMICHI ZONING BY-LAW
6.7 High Density B (R-6)��������������������������������������������������������������������������������������������������������������86
6.8 Mini / Mobile Home Park (RP)��������������������������������������������������������������������������������������������88
6.9 Mobile Home/Mini-Home (RM)�������������������������������������������������������������������������������������������90
6.10 Residential Retirement Community (RR)���������������������������������������������������������������������������91
SECTION 7: .COMMERCIAL ZONES............................................................................95
7.1 Neighbourhood Commercial (NC)��������������������������������������������������������������������������������������98
7.2 General Commercial (GC)�������������������������������������������������������������������������������������������������100
7.3 Highway Commercial (HC)�������������������������������������������������������������������������������������������������103
7.4 Regional Commercial (RC)�������������������������������������������������������������������������������������������������107
7.5 Downtown District (DT)��������������������������������������������������������������������������������������������������������111
7.6 Commercial Recreation (CR)����������������������������������������������������������������������������������������������114
7.7 Adult Entertainment (AE)����������������������������������������������������������������������������������������������������116
SECTION 8: .INDUSTRIAL ZONES............................................................................. 119
8.1 Business Light Industrial (BLI)����������������������������������������������������������������������������������������������121
8.2 Heavy Industrial (HI)�����������������������������������������������������������������������������������������������������������124
8.3 Airport-Compatible Business (ACB)����������������������������������������������������������������������������������126
SECTION 9: .ENVIRONMENTAL ZONES.................................................................. 129
9.1 Flood Overlay (FO)������������������������������������������������������������������������������������������������������������129
9.2 Watercourse and Wetland Overlay (WW)������������������������������������������������������������������130
9.3 Conservation Area (CA) ����������������������������������������������������������������������������������������������������131
SECTION 10: .COMMUNITY USE AND RECREATION ZONES............................. 132
10.1 Institutional (IN)������������������������������������������������������������������������������������������������������������������134
10.2 University and Community College Zone (UC)������������������������������������������������������������136
10.3 Active Recreation (AR)������������������������������������������������������������������������������������������������������138
10.4 Passive Recreation/Greenspace (PR)����������������������������������������������������������������������������139
10.5 Mixed Use (MU) ���������������������������������������������������������������������������������������������������������������140
10.6 Utility and Service (US) ��������������������������������������������������������������������������������������������������141
SECTION 11: .RURAL ZONES.................................................................................... 143
11.1 Rural (RU) ��������������������������������������������������������������������������������������������������������������������������144
11.2 Resource Extraction (RE)���������������������������������������������������������������������������������������������������146
SECTION 12: .INTEGRATED DEVELOPMENT ZONES............................................ 149
12.1 Integrated Development (ID)������������������������������������������������������������������������������������������149
SCHEDULES.................................................................................................................. 151
Schedule A: Zoning Map
Schedule 1: Metric - Imperial Conversion
Schedule 2: Section 59 Agreements
Schedule 3: Climate Change Flood Risk Disclaimer
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CITY OF MIRAMICHI ZONING BY-LAW
CANADIAN INSTITUTE OF PLANNERS CERTIFICATION
I certify that I am a planner as defined in the Regional Service
Delivery Act and that this Zoning By-law has been prepared in
accordance
with
the
requirements
of
the
Community
Planning
Act.
Greater Miramichi Regional Service Commission
Commission de Services Régionaux du Grand Miramichi
Planning Services
Services d'aménagement
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DEFINITIONS
CITY OF MIRAMICHI ZONING BY-LAW
SECTION 1: DEFINITIONS
1.1 Undefined Terms
1. Where this By-law uses a term and that term is undefined, please refer to the following in order of
precedence:
a. The Community Planning Act;
b. Other New Brunswick Act most relevant to the term in question; or,
c. The meaning which is commonly assigned to it in the context in which it is used in the Municipal
Plan.
1.2 Defined Terms
1. In this By-law the word "shall" is mandatory and not permissive. Words used in the present tense
shall include the future; words used in the singular number shall include the plural and words used
in the plural number shall include the singular. The word "used" shall include "intended to be used",
"arranged", and "designed". All other words shall carry their meaning as described in section 1.1,
except for those defined hereinafter:
A
ABATTOIR means a building or structure specifically designed to accommodate the penning and slaughtering of
live animals and the preliminary processing of animal carcasses and may include the packing, treating, storing,
and sale of the product on the premises.
ACCESSORY BUILDING means a
subordinate building or structure on
the same lot as the main building and
devoted exclusively to an accessory use,
but does not include a building attached
in any way to the main building.
ACCESSORY USE means a use that is
clearly incidental, subordinate and
exclusively devoted to a permitted use and carried on within the same lot.
ACT means the Community Planning Act, Chapter C-19, R.S.N.B. 2017 and amendments thereto.
Property Line
Front Yard
Main Building
Accessory
Building
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DEFINITIONS
CITY OF MIRAMICHI ZONING BY-LAW
ADULT CABARET means a night club, bar, restaurant, or similar establishment that features live or pre-recorded
performances that are characterized by the exposure of specific anatomical areas or by specific sexual activities.
ADULT ENTERTAINMENT USE means any use permitted in the Adult Entertainment Zone that is prefaced by the
word Adult.
ADULT MASSAGE PARLOUR means an establishment where, for any form of consideration, massage is
administered to the human body for sexual pleasure and which is characterized by an emphasis on sexual
activities.
ADULT RETAIL OUTLET means an establishment where more than twenty percent (20%) of the floor area and/or
display area offers for sale or rent or other consideration, books, magazines, periodicals or other printed matter,
or photographs, films, motion pictures, video cassettes, slides, compact discs, or other visual representations, that
are characterized by an emphasis on the depiction or description of specific sexual uses or specific anatomical
areas, or instruments, devices, or paraphernalia, that are designed for use in connection with sexual activities.
ADULT STUDIO means an establishment, where for any form of consideration, live performances, films, motion
pictures, video cassettes, slides, compact discs, photographs or other visual presentations are produced,
processed, or provided that are characterized by an emphasis on the depiction or description of specific sexual
activities or of specified anatomical areas.
AFFORDABLE HOUSING means housing which is affordable to households of low, moderate, and middle incomes
whereby shelter costs do not exceed 30% of a household's gross (before-tax) income. Affordable housing
includes all forms of housing tenure (rental, ownership, co-operative ownership, etc.) and includes both temporary
and permanent housing.
AGRICULTURAL OPERATION means an agricultural use of land that is carried out for gain or reward or in the
hope or expectation of gain or reward, and includes: the cultivation of land, the raising of livestock, the raising
of fur bearing animals, the production of agricultural field crops, the production of fruit and vegetables and
other specialty horticultural crops, the production of milk, the operation of agricultural machinery and equipment
including irrigation pumps and the application of fertilizers, conditioners, insecticides, pesticides, and herbicides
including ground and aerial spraying for agricultural purposes. An agricultural operation includes the associated
sale of products harvested or raised on the property and accommodations for employees of the operation.
ALTER means a structural change to a building including an addition to the area or height or the removal of a
part thereof, or any change thereto such as construction of, cutting into or removal of any wall, partition, column,
beam, joist, floor or other support, or a change to or closing of any means of egress.
ASSEMBLY HALL means a building or part thereof used for the gathering of persons for civic, educational,
political, religious, recreational, cultural, social, or other similar purposes but does not include adult entertainment
uses.
ASSISTED LIVING FACILITY means a building that contains an establishment that provides around the clock
supervision or assistance to individuals and offers the coordination of services by outside health care providers
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DEFINITIONS
CITY OF MIRAMICHI ZONING BY-LAW
and monitoring of resident activities to help to ensure their health, safety, and well-being. Assistance may include
the administration or supervision of medication, or personal care services provided by a trained staff person(s).
For the purpose of this definition, an assisted living facility shall include a nursing home but does not include a
community placement residential facility.
AUTOMOTIVE WASH means a building or structure containing one or more wash bays, attended or unattended
by staff, wherein vehicles are washed. The automotive wash may operate on its own or in conjunction with a motor
vehicle repair establishment.
AUTOMOTIVE DEALERSHIP means a building or structure and an outdoor display court used for the storage of
motor vehicles, recreational vehicles such as but not limited to motor homes, trailers, boats, snowmobiles, and
motorcycles, for the purpose of sale or lease. May include repair and service facilities on the same property.
B
BACKYARD POULTRY COOP means the keeping of up to six (6) hens or ducks in a coop structure as accessory to
a single-unit dwelling, two-unit dwelling, or mini-home dwelling.
BARRIER FREE PARKING SPACE means a parking space designed for the exclusive use of a person with physical
or sensory disabilities.
BASEMENT means that portion of a building between the first floor level which is partially underground and
which has at least one-half of its height from the finished ceiling above grade.
BUILDING means any structure whether temporary or permanent, used or built for the shelter, accommodation or
enclosure of persons, animals, materials, or equipment.
C
CALL CENTRE means an office where the primary function of the business is incoming or out-going communications
occurring for the sale of goods or provision of services to clients off site.
CAMPGROUND means a use of land intended for seasonal occupancy by one or more travel trailers,
recreational vehicles, tents, and similar equipment and may include supplementary bathroom, laundry, recreation,
and convenience retail facilities.
CANNABIS means cannabis as defined by the Government of Canada, pursuant to the Cannabis Act, S.C. 2018,
c. 16.
CANNABIS PRODUCTION FACILITY means a facility and premises authorized by a license issued by the
Government of Canada, pursuant to the Cannabis Act, S.C. 2018, c. 16, for growing, producing, testing,
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DEFINITIONS
CITY OF MIRAMICHI ZONING BY-LAW
destroying, storing, or distribution of cannabis but does not include the retail sale of cannabis or cannabis related
products.
CARPORT means a private garage of not more than one storey in height, having a roof supported by columns or
piers and enclosures and open to the extent of 50% of the potential total wall area, not including any wall of a
building to which a carport is attached, and is intended to be used for vehicle parking.
CEMETERY means the use of land primarily as landscaped open space in the placement of grave sites. Chapels,
crematoria, and related facilities may be incorporated as accessory uses.
CITY means the City of Miramichi, including designated staff.
CLINIC means an establishment used by licensed medical practitioners and/or other health care providers and
their staff for the purposes of consultation, diagnosis, and office treatment.
COMMERCIAL VEHICLE means any vehicle which is licensed as a commercial vehicle as determined by the
Registrar of Motor Vehicles.
COMMUNICATION USE means establishments furnishing point-to-point communication services, whether by wire
or radio, either aurally or visually, including radio and television broadcasting stations and the exchange or
recording of messages.
COMMUNITY PLACEMENT RESIDENTIAL FACILITY means community placement residential facility as defined and
regulated under New Brunswick Regulation 83-77 under the Family Services Act.
COMPOSTING - AGRICULTURAL means a composting operation requiring the approval of the Department
of Environment and Local Government for the treatment of organic by-products using bacterial aerobic
decomposition where the majority of the nitrogenous material is organic and originates from the agricultural
operation.
COMPOSTING - WASTE means a composting operation requiring the approval of the Department of
Environment and Local Government for the treatment of organic wastes using bacterial aerobic decomposition.
CONCRETE BATCHING PLANT means a building or structure used for the manufacturing of concrete in a form
suitable for the immediate use in the construction of buildings, structures, roads, or driveways but does not include
the crushing, screening, or other processing of aggregate, sand, or other raw materials used to make concrete on
site.
CONSTRUCTION INDUSTRY means a use primarily engaged in the construction, development, redevelopment, or
rehabilitation of buildings or structures, and includes road building and such uses are often characterised by the
outdoor storage of equipment, machines, vehicles, and building supplies.
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DEFINITIONS
CITY OF MIRAMICHI ZONING BY-LAW
CONVENIENCE STORE means a retail store which serves the daily or occasional needs of residents of the
immediate area with a variety of goods such as groceries, meats, beverages, dairy products, over-the-counter
medicines, sundries, tobacco, hardware, magazines, videos, and newspapers.
COUNCIL means the Council of the City of Miramichi.
COTTAGE CLUSTER DEVELOPMENT means an establishment comprised of two or more cottages, owned, rented,
or leased by the same person.
CRAFT WORKSHOP means a building or part thereof used for the manufacture of craft articles such as
leatherwork, pottery, woodwork, painting, and similar activities. May include retail sales of such products.
D
DEVELOPMENT means development defined in the Act.
DEVELOPMENT PERMIT means a permit issued to allow a development to occur and does not mean a Building
Permit.
DEVELOPMENT OFFICER means the person appointed by the Community Planning Act to administer and enforce
the provisions of this By-law.
DISTILLERY means the manufacturing, storage, and distribution of distilled alcohols that contain more than 20%
alcohol by volume in a building where that activity is licensed under the Liquor Control Act. The facility may
include accessory uses such as retail sale, wholesale, tours, and an events or hospitality room where beverages
produced at the distillery can be sampled. A distillery which produces more than 75,000 litres of liquor per year
is a manufacturing facility.
DORMITORY means a building in which sleeping units are provided and/or rented for occupancy by students
and/or staff members affiliated with a college, hospital, private school, religious order, rest or nursing home,
university, or similar institution, and which is regulated by such institution. A dormitory unit may contain communal
dining facilities but shall exclude the preparation of meals within the sleeping units.
DRIVE-THRU BUSINESS means an establishment, which is designed to provide either wholly or in part, services, or
products to customers while in their automobiles and includes a drive-thru restaurant.
DWELLING
Dwelling means a building or part of a building, occupied or capable of being occupied as a home or
residence by one or more persons, and containing one or more dwelling units but shall not include a hotel,
a motel, or inn.
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DEFINITIONS
CITY OF MIRAMICHI ZONING BY-LAW
Dwelling Unit means one or more habitable rooms designed, occupied, or intended for use by one or
more persons as an independent and separate housekeeping establishment in which a kitchen, sleeping,
and sanitary facilities are provided for the exclusive use of such persons.
Dwelling, Apartment means a building containing three or more dwelling units which generally has shared
outside access.
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 4.27m and a maximum of 5.0m wide
(excluding eaves), a maximum of 24.38m in length, and a maximum of 4.4m in height
Dwelling, Mobile Home means a manufactured, moveable, or portable dwelling unit constructed to
be towed to its appropriate site on its own chassis, connected to utilities and designed for year-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 and have a
floor space not less than 45m2 and a width not less than 3.65m and not more than 4.26m.
Dwelling, Modular means any dwelling that is designed in more than one (1) modular unit and is designed
to be made mobile on a temporary basis and constructed or manufactured to provide a permanent
residence for one or more persons, but does not include a dwelling - mini-home or dwelling - mobile
home as defined herein.
Dwelling, Rowhouse means a building that is divided vertically into three or more dwelling units, each of
which may be located on a separate lot and each of which has independent entrances to a front and
rear yard immediately abutting the front and rear walls of the unit.
Dwelling, Semi-Detached means a dwelling unit attached to one other dwelling unit by a common wall
with each dwelling unit located on a separate lot.
Dwelling, Single-Unit means a building which is a completely detached dwelling unit. A single-unit
dwelling may include a modular dwelling.
Dwelling, Tiny-Home means a dwelling unit that is less than 45m2, intended to be used for year-round
habitation, on a temporary or permanent foundation, and does not include a mini- or mobile home
dwelling or travel trailer.
Dwelling, Two-Unit means a building containing two dwelling units.
7
DEFINITIONS
CITY OF MIRAMICHI ZONING BY-LAW
Dwelling Unit, Accessory means a dwelling unit that is accessory to a single-unit dwelling, two-unit
dwelling, or mini-home dwelling. An accessory dwelling unit may be contained in the basement of
a single- or two-unit dwelling, above a garage (attached or detached), developed as a detached
accessory building, or otherwise contained on the lot. An accessory dwelling unit shall be clearly
subordinate to the single- or two-unit dwelling or mini-home dwelling on the lot.
E
EARLY LEARNING AND CHILDCARE HOME means a provincially licensed facility at which care, supervision, or
development of a child are provided in a home setting to a group of children other than the child's parent or
guardian, as regulated under the Early Childhood Services Act.
EARLY LEARNING AND CHILDCARE CENTRE means a provincially licensed facility at which care, supervision, or
development of a child are provided at an early learning and childcare centre, as regulated under the Early
Childhood Services Act.
ESTABLISHMENT means a building, structure, lot, or part of any of the foregoing where an activity or use is
occurring.
ERECT means to build, construct, reconstruct, alter, or relocate, and without limiting the generality of the
foregoing, shall be taken to include any preliminary physical operation such as excavating, grading, piling,
cribbing, filling, or draining and structurally altering any existing building or structure by an addition, deletion,
enlargement, or extension.
EXCAVATION means a land area which is used for the commercial taking of earth, including all slopes.
EXISTING means in existence on the effective date of this By-law.
F
FAMILY means a person or multiple persons living together in a dwelling unit as a single housekeeping unit.
FEEDMILL means a mill for the processing, blending, grinding, and mixing of grains, seeds and concentrates.
FITNESS CENTRE means a commercial operation contained in a building in which facilities are provided for
recreational athletic activities including but not limited to weight lifting, exercise classes and associated uses
including but not limited to lounge facilities, office space, medical treatment facilities, sauna, and other personal
service facilities.
8
DEFINITIONS
CITY OF MIRAMICHI ZONING BY-LAW
FLOOD PROTECTION COMMITMENT LETTER means a letter stamped by a Qualified Professional and submitted
with a Development Permit application that details which design measures are to be taken to ensure the
proposed building complies with section 9.1 of this By-law.
FLOODPROOFING means a measure or combination of structural and non-structural measures incorporated into
the design of a structure which reduces or eliminates the risk of flood damage, usually to a defined elevation.
The prescribed method of floodproofing is through the permanent placing of fill, or elevation of the structure, or
having the sills of all windows and doors through the foundation walls above the specified level.
FLOOR AREA means the total horizontal area of a building or part thereof as calculated by using interior
dimensions and excluding: lobbies, corridors, stairways, elevators, and other areas used in common, building
utility and storage areas, parking and loading areas, and cellar areas in a building.
FLOOR AREA, GROSS means the aggregate of the area of all floors in a building, whether at, above, or below
established grade, measured between the exterior walls of the building, but excluding any floor area used for
building maintenance/service equipment, furnace rooms, hallways, stairways, and unenclosed balconies and
porches/verandas.
FORESTRY USE means the general raising and harvesting of wood and, without limiting the generality of the
foregoing, shall include the raising and cutting of fuel wood, pulp, wood, lumber, Christmas trees, and other
forestry products, including limited processing of wood associated with a sawmill.
FUNERAL PARLOUR means an establishment for the preparation of the deceased for burial or cremation and for
holding funeral services and may incorporate a crematorium and chapel as an accessory use.
G
GARDEN CENTRE means any use of land, building, or structure used primarily for the display and retail sales of
plants, gardening and landscaping supplies, and equipment.
GARDEN SUITE means a temporary, portable detached dwelling unit, located on a lot containing an existing
single-unit dwelling or mini-home for the use of hosted person(s) with identified special needs. For the purpose
of this definition, a manufactured dwelling can be a garden suite provided it meets the relevant provisions
contained in this By-law pertaining to this use.
GAS BAR means an establishment where motor vehicle fuel and products necessary for the operation of a vehicle
are sold to the general public, and may include the sale of convenience items. Motor Vehicle Repair Establishment
is a separate use.
9
DEFINITIONS
CITY OF MIRAMICHI ZONING BY-LAW
GOLF COURSE means a public or private area operated for the purpose of playing golf and related activities
including a club house, licensed premises, practice facilities, administration, and equipment buildings. The
foregoing is specifically limited by excluding permanent residential accommodation of any type except a
dwelling unit or dwelling units provided for club staff, maintenance, or security personnel.
GMRSC means the Greater Miramichi Regional Service Commission.
GRADE means, with reference to a building or structure or sign, the average elevation of the established surface
of the ground where it meets the exterior of such building, and when used with reference to a structure, shall mean
the average elevation of the finished grade of the ground immediately surrounding such structures, exclusive in both
cases of any artificial embankment or entrenchment and when used with reference to a street, road or highway
means the elevation of the street, road or highway established by the City or other designated authority.
H
HABITABLE ROOM means the space within a dwelling unit in which living functions are normally carried on, and
includes living rooms, bedrooms, dining rooms, kitchens, bathrooms, dens and recreation rooms, storage rooms,
workshops and recreational rooms located in a basement or cellar.
HAZARDOUS MATERIAL means any poison, corrosive agent, flammable substance, ammunition, explosive or other
material that, if handled improperly, may endanger human health, harm the environment, or cause damage to
property.
HEIGHT means the vertical distance of a building or structure between the average finished grade at the exterior
walls and the highest point of the roof surface. Height does not include any accessory roof construction such as a
chimney, steeple, or antenna.
HOME-BASED TOURISM ACCOMMODATION means a single detached dwelling in which there is a resident
operator who provides overnight accommodation and meals (usually breakfast, but occasionally other meals as
well) for the travelling public. Meals will be provided to registered guests only with no walk-in trade.
HOME BUSINESS means an activity or business, including the manufacturing of goods and the provision of
services and the sale of goods, carried out for gain and conducted as a secondary and incidental use of the
property as a dwelling unit and subject to the provisions of this By-law.
HOME INDUSTRY means an accessory use on a lot that contains a single-unit dwelling, which use may entail an
office in the dwelling, limited storage of machinery and materials, and the storage of not more than a total of 5
commercially licensed vehicles or pieces of equipment for the purpose of performing work at other locations.
10
DEFINITIONS
CITY OF MIRAMICHI ZONING BY-LAW
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 utility and includes dogs, cats, rabbits, small birds, fish,
Vietnamese potbelly pigs and rodents but excludes cattle, sheep, goats, horses, pigs, poultry, bees, and animals
customarily kept as farm animals. Household pets are permitted in all zones.
HOTEL/MOTEL means a commercial building providing temporary accommodations for travellers or transients on
a year-round basis, and may have a public dining room, licensed premises, and convention room.
I
INN means a facility offering transient lodging accommodations to the general public and including a restaurant,
and associated facilities including a licensed premises.
INSTITUTIONAL USE means any use listed as an Institutional Use within the IN Zone.
INTERPRETIVE USE means a use that intends to educate the public about a specific historic event and / or cultural
group and / or natural feature. Includes buildings and structure used for interpretive use.
K
KENNEL means a building or structure used for the enclosure of more than two (2) dogs, or other household pets
which are kept for the purposes of commercial breeding or showing or for commercial boarding with or without
veterinary care. Includes outdoor facilities such as pen runs and enclosures.
L
LANDSCAPED OPEN SPACE means any combination of trees, shrubs, flowers, grass or other horticultural elements,
decorative stonework, pavers, screening or other landscape architectural elements, all of which are designed to
enhance the visual amenity of a property or to provide an amenity for common use and not for vehicular traffic
or parking. May be interrupted by driveways and walkways.
LICENSED LAND SURVEYOR means a person registered under the Land Surveyors Act to practice land surveying
in the Province of New Brunswick
LICENSED PREMISES means any building or structure or premises that is licensed under the Liquor Control Act of
New Brunswick.
11
DEFINITIONS
CITY OF MIRAMICHI ZONING BY-LAW
LOADING SPACE means an area of land provided and maintained upon the same lot or lots upon which the
main use is located and which has adequate access to permit ingress and egress by means of driveways,
aisles or maneuvering areas and which is used for the temporary parking of a commercial motor vehicle while
merchandise or materials are being loaded or unloaded from the vehicles.
LOT means a parcel of land appropriated for a particular purpose permitted by this By-law including all yards,
parking areas, loading areas, and other open spaces required in connection with such purpose.
Corner Lot means a lot situated at the intersection of, and abutting on, two or more streets.
Through Lot means a lot bounded on two opposite sides by streets or highways provided, however, that if
any lot qualifies as being both a corner lot and a through lot as herein before defined, such lot shall be
deemed to be a corner lot for the purpose of this By-law.
12
DEFINITIONS
CITY OF MIRAMICHI ZONING BY-LAW
Interior Lot means a lot other than a corner lot.
LOT AREA means the total horizontal area within the lot lines of a lot.
LOT DEPTH means the horizontal distance between the front and rear lot lines. Where these lot lines are not
parallel, the lot depth shall be the length of a line joining the mid-points of the front and rear lot lines.
LOT FRONTAGE mean the horizontal distance between the side lot lines as measured along the front lot line.
In the case of a corner lot with a sight triangle, the front and side lot lines shall be deemed to extend to their
hypothetical point of intersection for the purpose of calculating the frontage.
LOT LINE
Lot Line means a boundary or exterior line of a lot.
Front Lot Line means, in the case of an interior lot, the lot line dividing the lot from the street. In the case
of a corner lot, the shorter lot line abutting a street shall be deemed the front lot line. Where a corner lot
has the same dimensions on the two streets upon which it abuts, the lot line abutting the street upon which
the building or structure erected or to be erected has its principle entrance shall be deemed the front lot
line. In the case of a through lot, the lot line abutting the street upon which the main building or structure
erected or to be erected has its principle entrance shall be deemed the front lot line. In the case of a lot
which has as one of its boundaries the shore line of a lake or the bank of a river, the lot line facing the
access road shall be deemed to be the front lot line.
Rear Lot Line means the lot line farthest from or opposite to the front lot line.
Side Lot Line means a lot line other than a front or rear lot line.
13
DEFINITIONS
CITY OF MIRAMICHI ZONING BY-LAW
M
MAIN BUILDING means the building designed or used for the principal use on the lot. Where specifically
provided for in this By-law, more than one main building may be erected on a lot.
MANUFACTURING FACILITY means the use of land, buildings or structures for the purpose of manufacturing,
assembly, welding, machining, making, preparing, inspecting, finishing, treating, altering, repairing, warehousing
or storing or adapting for sale of any goods, substances, article, thing or service.
MARINA means a public, private, or commercial dockage which provides repair facilities, boating supplies, and
provisions for small pleasure craft.
MAXIMUM LOT COVERAGE means that percentage of the lot area covered by all buildings above ground level,
and shall not include that portion of such lot area which is occupied by a building or portion thereof which is
completely below ground level, and for the purpose of this definition, the maximum lot coverage in each zone
shall be deemed to apply only to that portion of such lot which is located within said zone.
MICRO-BREWERY means a building used for the manufacturing of 5,000 hectolitres of beer or less per year,
as licensed by the Liquor Control Act. Such use of land may include the production, processing, packaging,
distribution, adapting for sale, storage, and retail sales of product for both on- and off-site consumption. May
include a restaurant, beverage room, and/or retail store associated with the main use.
MINI-STORAGE WAREHOUSE means a building containing at least three separate, individual self-storage units
divided from the floor to the ceiling or roof, by a wall with an independent entrance to each unit, designed to be
rented or leased to the general public or small business for private storage of personal goods, materials, and
equipment.
MOTOR VEHICLE REPAIR ESTABLISHMENT means a building or part of a building or a clearly defined space on a
lot used for minor or major repair of motor vehicles and may include muffler, brake, tire, and glass replacement,
transmission repair and replacement, wheel alignment, body repair and painting, and other customizing activities
directly related to the repair or alteration of motor vehicles but shall not include the manufacturing or fabrication
of motor vehicle parts for the purpose of sale nor the retailing of gasoline or other fuels.
MUNICIPALITY means the City of Miramichi, unless stated otherwise.
N
NON-COMMERCIAL WIND ENERGY SYSTEM means a wind turbine that is subordinate and incidental to the main
use on the lot and that supplies electrical power solely for on-site use, except that when a parcel on which a non-
commercial wind turbine is installed also receives electrical power supplied by a utility company, excess electrical
power generated by the non-commercial wind turbine and not presently needed for on-site use may be used by
the utility company in exchange for a reduction in the cost of electrical power supplied by that company to the
parcel for on-site use, as long as no net revenue is produced by such excess electrical power.
14
DEFINITIONS
CITY OF MIRAMICHI ZONING BY-LAW
O
OFFICE means a room or rooms where business may be transacted, a service performed, or consultation given
but shall not include the manufacturing of any product or the retail selling of goods.
OUTDOOR DISPLAY COURT means an area of land where goods are displayed which are available for sale
to the general public from a retail establishment located on the same lot. Without limiting the generality of the
foregoing, outdoor display includes the display of cars, trucks, vans, motor homes, trailers, boats, snowmobiles,
motorcycles, swimming pools, decorative fountains, and prefabricated cottages and homes.
OUTDOOR FURNACE means an outdoor solid-fuel-combustion appliance used as a heating source for a building
or a series of buildings.
OUTDOOR STORAGE means the storage of merchandise, goods, inventory, materials or equipment or other items
which are not intended for immediate sale or use, by locating them on a lot exterior to the building or on a lot
without a main building.
P
PARK means an area of land set aside for public recreational purposes and may include playgrounds, tennis
courts, lawn bowling areas, athletic fields, swimming pools, community centres, areas designed for passive
enjoyment and similar uses and includes the building and structures in connection therewith.
PARK - ACTIVE means an area for recreation that typically has tennis courts, playing fields, or other equipment
associated with it.
PARK - PASSIVE means areas of natural open space used for low intensity recreational activities such as walking,
cycling, nature study and interpretation. Includes a linear park or trail.
PARKING LOT means an open area containing parking spaces, other than a street, available for public use or as
an accommodation for clients, customers, or residents and which has adjacent access to permit ingress or egress
of motor vehicles to a street or highway by means of driveways, aisles, or maneuvering areas where no parking
or storage of motor vehicles is permitted.
PARKING GARAGE means a covered or enclosed establishment containing communal parking spaces for the
parking of vehicles.
PARKING SPACE means an area of not less than 16.24m2, measuring 2.8m by 5.8m for the temporary parking or
storage of motor vehicles.
15
DEFINITIONS
CITY OF MIRAMICHI ZONING BY-LAW
PERMITTED USE means those uses of land, building and structures which are permitted as a matter of right,
subject only to the requirements of this and other City By-laws.
PERSON includes an individual, association, firm, partnership, corporation, trust, incorporated company,
organization, trustee or agent, and the heirs, executors, or other legal representatives of a person to whom the
context can apply, according to law.
PERSONAL SERVICE SHOP means a building or part of a building in which persons are employed in furnishing
direct services and otherwise directly administering to the individual and personal needs of persons, and without
limiting the generality of the foregoing, may include such establishments as barber shops, beauty parlors,
automatic laundry shops, hairdressing shops, shoe repair and shoe shining, tailoring, laundry and dry-cleaning
collection depots and shops, but excludes the manufacturing or fabrication of goods for retail or wholesale
distribution.
PLACE OF ENTERTAINMENT means and includes a theatre, auditorium, dance hall, cinema, billiard or pool hall,
bowling alley, ice or roller rink, curling rink, or arena. Excludes adult entertainment uses.
PLANNING SERVICES means the Greater Miramichi Regional Service Commission - Planning Services.
PRAC means the Planning Review and Adjustment Committee of the Greater Miramichi Regional Service
Commission.
PROCESSING PLANT means the use of buildings or lands that accommodates a series of operations, usually is a
continuous and regular action or succession of actions, taking place or carried on in a definite manner. Processing
does not include uses specifically listed elsewhere in this By-law.
Q
QUALIFIED PROFESSIONAL means a registered member of the Architect's Association of New Brunswick, the
Association of Professional Engineers and Geoscientists of New Brunswick, or the Association of New Brunswick
Land Surveyors, certified and/or licensed to practice in the Province of New Brunswick, in the applicable
discipline.
R
RACETRACK means an area devoted to the racing of motor and nonmotorized vehicles or animals, and all
features normally associated with racing such as off-street parking, patron seating, concessions, and a fixed race
track.
16
DEFINITIONS
CITY OF MIRAMICHI ZONING BY-LAW
RECREATIONAL FACILITY means a public or private place designed and equipped for the conduct of sports,
leisure time activities, and other customary and usual recreational activities. Such facility may be located within a
structure or building or outdoors.
RECYCLING DEPOT means a building which is used for the deposit, collection, and handling of waste paper,
beverage containers, or other materials which are to be delivered wholesale to other operations for reclamation
or salvage, and shall include limited processing of materials on-site. The salvage or scrapping of vehicles is not
included in this definition.
RESEARCH FACILITY means a building or a group of buildings and associated land which accommodate facilities
for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture of products
for sale, except as incidental to the main purpose of the facility.
RESIDENTIAL USE means any main use permitted in the residential zones.
RESOURCE USE means a use providing for the conservation, management, and extraction of primary natural
resource materials, and excludes all manufacturing and processing.
RESTAURANT means a place where food and beverages are offered for sale to the public for consumption at
tables or counters either inside or outside the building on the lot. As an accessory use, catering and take-out
service of food and beverages for off-site consumption may be provided. A restaurant may also be a licensed
premises.
RETAIL STORE means a building or part of a building in which goods, wares, merchandise, substances, articles,
services, or things are offered for sale directly to the public at retail value.
RIDING STABLE means land and buildings used to house horses and for their exercise and training.
ROAD - ARTERIAL means a Major or Minor Arterial Road or a Primary or Secondary Regional Route as shown on
Schedule D to the City of Miramichi Municipal Plan.
ROAD - COLLECTOR means a Collector Road as shown on Schedule D to the City of Miramichi Municipal Plan.
ROAD - LOCAL means a Local Road as shown on Schedule D the City of Miramichi Municipal Plan.
S
SALVAGE YARD means a lot or premises for the storage, handling, or processing of and sale of scrap material,
and without limiting the generality of the foregoing, shall include waste paper, rags, bones, used bicycles,
vehicles, tires, metal, or other scrap material or salvage.
SCREENING means the use of landscaping, fences, or berms to visually and/or audibly separate areas or uses.
17
DEFINITIONS
CITY OF MIRAMICHI ZONING BY-LAW
SERVICE REPAIR SHOP means a building or part of a building for the servicing or repairing of articles, goods,
equipment, or materials, as well as facilities for accessory retails sales, but does not include the manufacture of
articles, goods, equipment, or materials.
SETBACK means the minimum horizontal distance between the site boundary and the nearest point of the
foundation or exterior wall of the building or structure, whichever is the lesser, or another part of the building or
structure if specified elsewhere in this By-law.
SEXUAL ACTIVITIES means any lawful sexual activity including the fondling or other erotic touching of human
genitals, pubic region, buttock or female breast or causing human genitals to be in a state of sexual stimulation
or arousal.
SHOPPING CENTRE means a commercial development consisting of more than one business establishment which
is designed, developed, operated or controlled by a single owner or tenant, or a group of owners or tenants
containing, but not limited to, retail uses, services, financial institutions, restaurants, places of entertainment, liquor
licensed premises, food and grocery stores, and office uses and distinguished from a business area comprising
unrelated individual uses and characterized by the sharing of common parking areas and driveways.
SIGHT TRIANGLE means the triangular shaped area of land, free of buildings or structures, formed by measuring
from the point of intersection of street lines on a corner lot the minimum frontage and /or flankage yard distance
required by this By-law along each such street line and adjoining such end points with a straight line.
SIGN means any identification, description, illustration, or information device, illuminated or non-illuminated,
including its structure and other component parts, 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. Does not include
any sign which is affixed to the inside of a window or glass door.
SIGN AREA with respect to a wall sign, means the area of advertising matter on the sign face, but does not
include any structural elements lying outside the limits of the sign that do not form an integral part of the
advertising matter of display. Sign area shall be calculated based on the wall on which the sign is affixed.
SIGN, BILLBOARD means a large ground sign or wall sign which is not related to any business or use located on
the lot or premises and that does not meet the definition or standard of a freestanding sign.
SIGN, CANOPY means a sign that is part of or attached to an awning, canopy or other fabric, plastic, or
structural protective cover over a door, entrance, window, or outdoor service area.
SIGN, DIRECTORY means a sign located on a property with more than one establishment and which displays only
a listing of the names of these businesses or organizations without advertising copy, except a business logogram.
SIGN, DIGITAL AND PROJECTED ADVERTISING DISPLAY (DPAD) means any type of stationary advertising
display that is visible from the road and is capable of displaying dynamic content or automatically changing
content.
18
DEFINITIONS
CITY OF MIRAMICHI ZONING BY-LAW
SIGN, FREESTANDING means any sign supported independently of a building and permanently fixed to the
ground and does not meet the definition or standards of a billboard sign, directory sign, or digital and projected
advertising display sign.
SIGN, GROSS SURFACE AREA with respect to all signs except wall signs, means the area of all of the elements
of the matter displayed and including blank masking but excluding frames or structural elements outside the sign
surface that do not form an integral part of the advertising matter of display. For a double-faced sign that is
back-to-back, the gross surface area means the gross surface area of the largest face only.
SIGN, OFF-SITE ADVERTISING means any sign which advertises for a business or businesses independent of the
land use(s) of the lot upon which the sign is located.
SIGN, PORTABLE means a sign greater than one square metre and less than 4.3m2 in area which is designed in
such a manner that the sign can be readily 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.
SIGN, PROJECTING means a sign which projects from and is supported by, or which extends beyond, a wall or
the roof of a building.
SIGN, ROOF means any sign erected upon, against, or directly above a roof, or on top of, or above the parapet
of a building.
SIGN, SANDWICH means a two-sided A-frame style self-supporting sign which is not permanently affixed to the
ground and is designed to be moveable.
SIGN, SWING means a sign that is suspended from the underside of a horizontal plane surface and is supported
by such surface.
SIGN, TEMPORARY means a sign or advertising display typically constructed of cloth, canvas, fabric, plywood, or
other light material and designed and intended to be displayed for a short period of time.
SIGN, VEHICLE-MOUNTED means any trailer or vehicle mounted means a sign that is erected, placed on, or
supported by a motor vehicle or a trailer, the sole purpose of which is to serve as a means to advertise.
SIGN, WALL means a sign attached to, 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.
SOLID WASTE MANAGEMENT FACILITY means a facility or site used for the treatment, source separation,
temporary storage, transportation, transfer, or disposal of solid waste.
SPECIFIED ANATOMICAL AREAS means less then completely and opaquely covered human genitals, pubic region,
buttock and female breast below a point immediately above the top of the areola or human male genitals in a
discernibly turgid state, even if completely and opaquely covered.
19
DEFINITIONS
CITY OF MIRAMICHI ZONING BY-LAW
STREET OR ROAD means the whole and entire right-of-way of every highway, road, or road allowance vested in
the Government of Canada, Province of New Brunswick, or the City of Miramichi.
STREET LINE means the boundary line of a street.
STRUCTURE means anything that is erected, built, or constructed above or below lot grade fixed to or supported
by the soil or other building, but does not include pavement, curbs, and sidewalks.
STUDIO means an enclosed spaced used by a person(s) engaged in artistic employment or instruction in painting,
sculpture, photography, music, dance, dramatics, literature, or similar occupations.
SWIMMING POOL means a body of water located outdoors or indoors, contained by artificial means capable
of containing in excess of 1.21m (4 ft.) of water and used and maintained for the purpose of swimming, wading,
diving, or bathing.
T
THROAT LENGTH means the distance parallel to the centreline of a driveway to the first on-site location at which
a driver can make a right or left turn. On roadways with curb and gutter, throat length is measured from the face
of the curb and from the edge of the shoulder on roadways without curb and gutter.
TRANSPORTATION DEPOT means any building or land where buses, trucks, or tractor trailers are rented, leased,
kept for hire, stored, or parked for commercial purposes.
TRAVEL TRAILER means a trailer vehicle intended for temporary accommodations and living, and to be regularly
transported, which includes kitchen, sleeping, and sanitary facilities, and is towed, either by hitch or fifth wheel,
by a motor vehicle. A travel trailer must be registered pursuant to the Motor Vehicle Act, R.S.N.B., 1973, c. M-17
as a trailer vehicle in order to operate on a highway within New Brunswick. A travel trailer has an overall length
not exceeding 13.8m (45.0ft) and an overall width not exceeding 2.6m (8.53ft). Mobile home dwelling and tiny-
home dwelling are separate uses.
U
USE means the purpose for which the building, structure or premises or part thereof is used, occupied, or
intended to be used or designed to be used or occupied.
UTILITIES means the components of a water, sewage, storm water, cable television, electrical power, natural gas,
or telecommunications system.
20
DEFINITIONS
CITY OF MIRAMICHI ZONING BY-LAW
V
VETERINARY CLINIC means the provision of services by veterinarians for the purposes of consultation, diagnosis
and treatment of animals and the necessary boarding thereof, and may also include the retailing of pet supplies.
W
WAREHOUSE means a building used primarily for the storage of goods and materials.
WAREHOUSING AND DISTRIBUTION CENTRE means a building used primarily for the storage, wholesaling, and
distribution of goods and materials.
WASTE DISPOSAL CONTAINER means a bin, with or without a lid, greater than one cubic metre in volume used to
store garbage and refuse temporarily. This definition excludes a container used for a construction or demolition
project for which a valid building permit has been issued.
WATERCOURSE means any lake, river, stream, ocean, or other body of water.
WHOLESALE ESTABLISHMENT means a building in which commodities in quantity are offered for sale chiefly to
industrial, institutional, and commercial users or to retailers or other merchants mainly for resale or business use,
may also include associated retail store.
WIND FARM means generally, two or more large scale wind turbine generators which are connected to the
transmission or a local distribution grid. Wind turbine facilities require a central computerized monitoring system
that monitors the operation of the turbines. Usually small buildings on site house this system and there is a link to
a headquarters off site.
WIND TURBINE TOWER means the guyed or freestanding structure that supports a wind turbine generator.
21
DEFINITIONS
CITY OF MIRAMICHI ZONING BY-LAW
Y
YARD means the open, uncovered space on a lot appurtenant to a building and unoccupied by buildings or
structures except as specifically permitted elsewhere in this By-law.
Lot Depth
Lot Frontage
Rear Lot Line
Flanking Yard
Side Yard
Side Yard
Side Lot Line
Rear Lot Line
Rear Yard
Front Yard
Front Lot Line
Yard, Front means a yard extending across the full width of a lot and between the front lot line and the
nearest wall of any main building or structure on the lot.
Yard, Flanking means a side yard which abuts a street on a corner lot.
Yard, Minimum front means the minimum depth required by this By-law of a front yard on a lot between
the front lot line and the nearest main wall of any building or structure on the lot.
Yard, Rear means a yard extending across the full width of a lot and between the rear lot line and
nearest wall of any main building or structure on the lot.
Yard, Minimum rear means the minimum depth required by this By-law of a rear yard on a lot between a
rear lot line and the nearest main wall of any building or structure on the lot.
Yard, Side means a yard extending between the front yard and the rear yard and between a side lot
line and the nearest main wall of any building or structure on the lot.
Yard, Minimum side means the minimum depth required by this By-law of a side yard on a lot between a
side yard line and the nearest main wall of any building or structure on the lot.
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23
Application and Administration
CITY OF MIRAMICHI ZONING BY-LAW
SECTION 2: APPLICATION AND
ADMINISTRATION
2.1 Scope and Interpretation
2.1.1 This By-law may be cited as the "Zoning By-law".
2.1.2 This By-law:
1. Divides the municipality into zones;
2. Prescribes, subject to powers reserved for Planning Services:
a. The purposes for which land, buildings, and structures in any zone may be used;
b. Standards to which land use, and the placement, erection, alteration and use of buildings and
structures must conform;
c. Prohibits the use, placement, erection or alteration of land, buildings, or structures other than in
conformity with the provisions of this By-law;
d. Alternative regulations, permitted uses, and exceptions set forth and attached hereto as Schedule
2 are hereby incorporated in and declared to form part of this By-law to the same extent as if
fully described herein and subject to the following:
i.
Where a property is listed in Schedule 2, the alternative regulations, permitted uses,
and/or exceptions corresponding to such property shall apply in place of the regulations
prescribed herein for the particular land use zone.
2.1.3 Nothing in this By-law shall exempt any person from complying with the requirements of
the Building By-law for the City of Miramichi or any other By-law in force within the City,
or to obtain any license, permit, permission, authority, or approval required by prevailing
municipal, provincial, or federal legislation in effect within the City of Miramichi.
2.1.4 Where the provisions in this By-law conflict with those of any other municipal, provincial, or
federal regulation, by-law, or code, the more stringent requirement shall prevail.
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2.1.5 In the case of any conflict, discrepancy, or inconsistency between the English and French
provisions of this By-law, the provisions of the English version shall prevail.
2.1.6 For the purposes of this By-law, the municipality is divided into zones as delineated on
the map attached as Schedule A, entitled "City of Miramichi Zoning Map" and dated
October 6, 2020 and subsequently amended.
2.1.7 The zones on Schedule A are classified and referred to as follows:
Land Use Zones
Symbol
Colour
RESIDENTIAL ZONES
Single Unit Dwelling
R-1
Single- or Two- Unit Dwelling
R-2
Residential Mixed Low Density
RML
Medium Density A
R-3
Medium Density B
R-4
High Density A
R-5
High Density B
R-6
Mobile/Mini Home Park
RP
Mobile/Mini Home
RM
Residential Retirement Community
RR
COMMERCIAL ZONES
Neighbourhood Commercial
NC
General Commercial
GC
Highway Commercial
HC
Regional Commercial
RC
Downtown District
DT
Commercial Recreation
CR
Adult Entertainment
AE
INDUSTRIAL ZONES
Business/Light Industrial
BLI
Heavy Industrial
HI
Airport-Compatible Business
ACB
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ENVIRONMENTAL ZONES
Flood Overlay
FO
Watercourse and Wetland Overlay
WW
Conservation Area
CA
COMMUNITY USE & RECREATION ZONES
Institutional
IN
University and Community College
UC
Active Recreation
AR
Passive Recreation/Greenspace
PR
Mixed Use
MU
Utility and Service
US
RURAL ZONES
Rural
RU
Resource Extraction
RE
INTEGRATED DEVELOPMENT ZONES
Integrated Development
ID
2.2 Conformity
2.2.1 In any zone:
1. Land may be used and developed, and buildings and structures or parts thereof may be placed,
erected, altered, or used for a purpose mentioned in the specific zone in conformity with the
requirements of that zone and any other provisions of this By-law;
2. No land may be used or developed, and no building or structure or part thereof may be placed,
erected, altered or used for a purpose or in a manner other than permitted in this By-law; and,
3. No building or part thereof, altered or erected in contravention of this By-law shall be used by any
person so long as such building or part hereof continues to contravene the provisions of this By-law.
2.3 Zone Map
2.3.1 Schedule A, attached hereto, may be cited as the "City of Miramichi Zoning Map" and
forms part of this By-law.
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2.3.2 The extent and boundaries of all zones are shown on Schedule A and for all such zones
the provisions of this By-law shall respectively apply.
2.3.3 The symbols used on Schedule A refer to the appropriate zones established as classified in
this By-law under section 2.1.7.
2.4 Interpretation of Zoning Boundaries
2.4.1 The following provisions shall apply in determining the boundaries of the land use zones
shown on the maps:
1. A zone boundary shown approximately at a lot line is deemed to be at the boundary of the lot line;
2. Where a boundary line is shown as following a railway, street, lane, walkway, or easement, the
boundary shall be deemed to follow the boundaries of such railway, street, lane, walkway, or
easement;
3. Where a boundary line is shown as the shoreline of the Miramichi River or other watercourse or body
of water, it shall extend toward the water to the limits of the mean high-water mark; and,
4. A boundary line shall otherwise be determined by reference to the scale or actual dimension shown
on the maps, provided that where a boundary line as shown appears to follow the line between two
lots or separate areas of land, such limit shall be deemed to be the boundary line.
2.5 Zones Not on Map
2.5.1 The Zoning Map of this By-law may be amended to utilize any zone in this By-law,
regardless of whether or not such zone has previously appeared on any zoning map. Such
amendments must be carried out in accordance with the requirements of the Community
Planning Act (the Act) and must be in conformity with the policies of the City of Miramichi
Municipal Plan.
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2.6 Properties with More Than One Zone
2.6.1 Where a lot is divided into more than one zone under the provisions of this By-law each
such portion of said lot shall be used in accordance with the zone provisions of this By-law
for the applicable zones established hereunder.
2.7 Uses Permitted
1. Where a lot contains more than one (1) permitted main use, each use shall conform to the applicable
provisions of this By-law.
2. Uses permitted within any zone shall be determined as follows:
a. If a use is not listed as a use permitted within any zone, it shall be deemed to be prohibited in
that zone.
b. If any use is listed subject to any special conditions or requirements, it shall be permitted subject to
the fulfilling of such conditions or requirements.
2.8 Powers of The Development Officer
1. The Development Officer, or a designate of the Development Officer in accordance with section
108(6) of the Act, shall be charged with the general administration of this Zoning By-law.
2. At the discretion of the Development Officer, the development permit application fee may be waived
or reduced if any of these conditions apply:
a. The City of Miramichi is the applicant or property owner;
b. The project involves the creation of at least one new affordable housing unit.
2.8.1 Development Officer Variances
1. Upon receipt of the required fee of $250, the Development Officer may, subject to terms and
conditions that they consider fit, permit a reasonable variance from the zoning provisions of this By-
law in accordance with section 55(2) of the Act.
2. Following the construction of a building or structure, the Development Officer may permit a
dimensional variance for an encroachment on a setback or yard requirement that was deemed to
have occurred in good faith, in accordance with sections 53(8) and 53(9) of the Act.
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3. If the PRAC has made a decision regarding an application, the Development Officer cannot use their
powers to rule on the same application.
4. If the Development Officer makes a decision on an application request, the same application cannot
be forwarded to the PRAC for a decision.
2.8.2 Applications Forwarded to the PRAC by the Development Officer
1. The Development Officer reserves the right to refer any application to the PRAC for a decision.
2.8.3 PRAC Rendered Decision
1. The Development Officer shall not issue a development approval on any application reviewed by the
PRAC until the PRAC has rendered a decision, and any conditions required by the PRAC or this Plan
have been satisfied.
2.8.4 Confirmation of Zoning
1. The Development Officer shall ensure that upon receipt of the application fee of $100 per lot (PID),
they shall issue a written Confirmation of Zoning regarding the zone applied to the lot(s) requested.
2. If requested by the applicant, the Development Officer shall also comment on whether a proposed
use(s) are permitted in the respective zone(s).
2.8.5 Zoning Compliance Letter
1. The Development Officer shall ensure that upon receipt of the application fee of $200 per lot, they
shall issue a Zoning Compliance Letter regarding conformity of the existing use, and associated
existing development of the lot(s), with the current standards of the respective zone(s) of said lot(s).
2.8.6 Non-Conforming Use Letter
1. The Development Officer shall ensure that upon receipt of the application fee of $200 per lot, they
shall issue a Non-Conforming Use Letter regarding the confirmation of non-conforming use rights of
the lot(s) in accordance with section 60(1) of the Act.
2. The burden of proof lies with the applicant in proving non-conforming use rights.
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2.8.7 Complete Application
1. The Development Officer shall ensure that an application is complete by requiring that:
a. A request for Zoning By-law amendment, variance, conditional use, or temporary use approval
includes the required application fee;
b. Supporting documentation and any necessary information to process the various types of
development applications is provided as determined by the Development Officer and/or any
information required for a proper review by the PRAC; and,
c. Despite paragrphs 2.8.7(1)(a) and 2.8.7(1)(b), the Development Officer reserves the right not to
proceed with any application deemed incomplete from the perspective that there is insufficient
information provided to assess the overall land use impact from the proposed development.
2.8.8 Requirement for Additional Information or Study
1. Additional information and/or studies may be required by the Development Officer to evaluate the
impact of the proposed development on:
a. Public infrastructure that may require upgrading of the street network or other required
components of public infrastructure;
b. The health and well-being of residents in the immediate neighbourhood or further afield;
c. The established character of the neighbourhood in which the development is proposed; and,
d. The natural environment, which may include but is not limited to watercourses, wetlands, wildlife
habitats, water bodies, and drinking water supplies.
2. If any additional information and/or studies pertaining to paragraph 2.8.8(1)(a), (b), (c), or (d)
requested by the Development Officer are not provided by the applicant, the Development Officer
reserves the right not to proceed with the application per paragraph 2.8.7(1)(c).
2.8.9 Enforcement
1. This By-law shall be enforced by the Development Officer or their designate and such person(s)
may apply for an entry warrant under the Entry Warrants Act for the purposes of administration or
enforcement of this By-law.
2. If any development is undertaken in contravention of the provisions of the Act, this By-law, or any
other by-law or regulation provided for in the Act, or terms and conditions pursuant thereto, the
Development Officer is hereby authorized by Council and may order:
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a. The cessation of the development;
b. The alteration of such development to remove the contravention; or,
c. The doing of anything required to restore the land, building, or structure to its condition
immediately prior to the undertaking of such development.
2.8.10 Development Officer Temporary Uses
1. If delegated authority by the PRAC in accordance with paragraph 53(2)(j) of the Act, the
Development Officer, subject to terms and conditions:
a. May authorize, for a temporary period not exceeding one (1) year, a development otherwise
prohibited by this By-law; and,
b. Shall require the termination or removal of a development authorized under paragraph 2.8.10(1)
(a) at the end of the authorized period.
2. Receipt of the application fee of $250 is required for the Development Officer to consider a
temporary use relating to a development application.
2.8.11 Utilities and Infrastructure
1. No building may be erected unless arrangements, to the satisfaction of the Development Officer, have
been made for the supply of electrical power, water, storm water, septic, streets, or other services or
facilities where applicable.
2.9 Powers of the Planning Review and
Adjustment Committee (PRAC)
2.9.1 Conditional Uses
1. Receipt of the application fee of $250 is required for the PRAC to consider conditional use approval
relating to a development application.
2. Where conditional uses are permitted in this By-law, these uses shall be approved by the PRAC
subject to such terms and conditions that may be imposed by the PRAC.
3. The PRAC may prohibit a conditional use if it is determined that the applicant cannot reasonably be
expected to comply with the terms and conditions imposed.
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4. After the Development Officer receives the information required to process an application, a
development approval will not be issued until the PRAC has approved the conditional use and all
conditions or requirements established by the PRAC or this By-law have been satisfied.
2.9.2 Similar or Compatible Uses
1. Receipt of the application fee of $250 is required for the PRAC to consider a similar or compatible
use variance relating to a development application.
2. The PRAC may, subject to terms and conditions, permit a use that is "similar to" or "compatible with"
uses that are permitted as-of-right in the respective zone in accordance with paragraph 55(1)(a) of
the Act.
3. In assessing a similar or compatible use variance application, the PRAC shall determine if the use and
any associated structures or buildings:
a. Is desirable for the development of the property;
b. Is in accord with the general intent of the Municipal Plan and this Zoning By-law;
c. Does not adversely affect traffic or parking patterns in the area;
d. Has architectural design that is compatible with the character of the neighborhood; and,
e. Is viewed as being compatible with the neighbourhood, as determined by assessing public input.
2.9.3 Non-Conforming Uses
1. Receipt of the application fee of $250 is required for the PRAC to consider a non-conforming use
relating to a development application.
2. The PRAC may, subject to terms and conditions, permit the:
a. Continuance of a non-conforming use that has discontinued for a period greater than ten (10)
consecutive months, in accordance with section 60(2) of the Act;
b. Repairing or restoration of a building or structure accommodating a non-conforming use that has
been damaged greater than half of the whole building or structure, in accordance with section
60(2) of the Act;
c. Extension of a non-conforming use throughout a building, except that, where a portion of the
building was constructed after the date the use became non-conforming, in conformance with
section 60(3) of the Act; or,
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d. Change of a non-conforming use to a similar non-conforming use, in conformance with section
60(4) of the Act.
2.9.4 PRAC Temporary Uses
1. Receipt of the application fee of $250 is required for the PRAC to consider a temporary use relating
to a development application.
2. The PRAC, subject to terms and conditions:
a. May authorize, for a temporary period not exceeding one (1) year, a development otherwise
prohibited by this By-law, in accordance with section 53(2)(i) of the Act;
b. May authorize, for an additional temporary period not exceeding one (1) year, a development
otherwise prohibited by this By-law if: the applicant holds an authorization under section 2.9.4(1)
that is to expire or has expired, an application with respect to the land has been made to amend
this By-law, and the PRAC receives a resolution from Council confirming that they will consider said
amendment; and,
c. Shall require the termination or removal of a development authorized under section 2.9.4(1) at
the end of the authorized period.
2.9.5 Unsuitable Geology, Location, and Topography
1. The PRAC may prohibit the erection of a building or structure on a site where it would otherwise be
permitted under this By-law if, in the opinion of the Committee, the site is marshy, subject to flooding,
excessively steep, or otherwise unsuitable for a proposed purpose by virtue of its soil or topography
2.10 Amendments
2.10.1 A person who seeks to have this By-law amended shall submit an application signed
by the registered property owners or authorized agent, a site plan, and supporting
information to the satisfaction of the Development Officer, and a fee in the amount of
$1,000 to Planning Services on behalf of the City.
2.10.2 Before giving its views to the Council with respect to an application under this section,
Planning Services may carry out such investigation, as it deems necessary.
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2.10.3 Where an application for amendment to the Zoning By-law has been refused by Council,
no further applications dealing with that property may be considered by Council for one
year from the date of refusal, if such application is similar to the original request.
2.10.4 The Council may return all or part of the fee required to have this By-law amended.
2.10.5 Where an applicant wishes to amend a previously approved zoning amendment which
included terms and conditions, a fee in the amount of $750.00 is to be paid to Planning
Services on behalf of the City.
2.11 Development Permits
2.11.1 Requirements for Development Permit
1. No person shall undertake a development without first having obtained a Development Permit and
no Development Permit shall be issued unless the proposed development conforms to all provisions of
this By-law. Any plans, including a site plan submitted in support of an application for a Development
Permit, must comply with section 2.11.5 of this By-law.
2. A Development Permit may be revoked if the development undertaken does not conform or exceeds
the scope of the work authorized under the Development Permit.
2.11.2 Duration and Expiry of Development Permit
1. A development permit is conditional on the development being:
a. Commenced within 6 months from the date of issuance; and,
b. Completed within twenrty-four (24) months from the date of issuance.
2. Any permit may be reissued upon request, subject to review by the Development Officer.
2.11.3 Number of Development Permits Per Development on Lot
1. Where any Development Permit is issued, such permit may include permission of any single
development, or of more than one development, or of any or all elements related to any
development, provided that such are specified by the permit and provided also that no Development
Permit shall pertain to more than one (1) lot.
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2.11.4 Fee for Development Permit
1. No development permit may be issued under this By-law except where the applicant has paid a fee
of:
a. $20.00 where the development proposed is a single- or two-unit dwelling, including secondary
uses, accessory buildings and structures, a change of use or a community use;
b. $40.00 in respect of any multiple unit residential development to a maximum of 24 units or any
commercial, industrial, or institutional signage or development up to 1,500m2 of gross floor area;
or,
c. $60.00 for any multiple unit residential development larger than 24 dwelling units or any
commercial, industrial, or institutional development larger than 1,500m2.
2.11.5 Site Plan Requirements for Development Permit
1. Every application for a development permit shall be accompanied by a site plan, drawn to an
appropriate scale in metric units and showing:
a. The shape and dimensions of the lot to be used;
b. The size, shape, bulk, location and use of existing and proposed buildings, equipment, structures,
access roads, right of ways, and utilities;
c. The distance from the lot boundaries and size of every building or structure proposed to be
constructed, already constructed, or partly constructed, on the lot;
d. The proposed location and dimension of any parking space, loading space, driveway access, and
landscaped area;
e. The location of any fences, signs, buffers and retaining walls;
f. The location of any natural features, watercourse(s) and wetland areas and the location of any
existing or proposed building or structure in relation to the natural features, watercourse or
wetland;
g. Details of property dimensions and related street lines, including locational identifiers;
h. Location, dimension and size (including number of units, height, floor area, etc.) of all existing and
proposed main buildings and accessory buildings;
i. Dimensions of all yards;
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j. Landscaping, including screening and other natural and artificial features (including easements,
railway lines, power lines, watercourses, culverts, drainage, ditches, etc.);
k. Designation of any proposed public or private roads;
l. Scale, dimensions, and orientation;
m. Where appropriate, provisions for post construction drainage of the site, onto municipal streets or
municipal property, to the satisfaction of the City Engineer or their designate.
n. Where appropriate, provision for post construction drainage of the site, onto property other than
municipal streets or municipal property, as shown on a drainage plan prepared and stamped
by an engineer licensed in the Province of New Brunswick qualified to render an opinion on site
drainage;
o. Where appropriate, elevation and perspective drawings of any buildings or structures; and,
p. Any other information the Development Officer deems necessary to determine whether or not the
proposed development conforms to the requirements of this By-law or other requirements.
2.12 Permitted Uses in All Zones
2.12.1 Utilities
1. Notwithstanding the provisions of section 2.7, public and private utility installations such as roadways,
water, wastewater, storm drainage, natural gas lines, treatment facilities, lift stations, pumping stations,
power lines, telephone lines, and cable lines including the temporary storage of materials and
equipment associated with installation and upgrading of utilities, are permitted in any zone and are
not subject to zone standards provided:
a. That such use is necessary for the provision of service or the delivery of public or private utilities;
b. That the storage of material be done in a manner to reduce impacts on adjacent and abutting
property;
c. That the land used for storage of material be rehabilitated to its previous condition;
d. Where appropriate, the use shall be screened from adjacent properties; and,
e. That such installations are made compatible with the surrounding properties in terms of
appearance and scale.
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CITY OF MIRAMICHI ZONING BY-LAW
SECTION 3: GENERAL PROVISIONS
3.1 General Development Provisions
3.1.1 Development with Public Sewage and Water Facilities
1. Unless otherwise provided for in this By-law, no person shall erect, alter or use any building for any
use permitted by this By-law unless public water distribution and public sewerage collection facilities
are available to the lot.
3.1.2 Development Without Full Public Sewage and Water Services
1. Notwithstanding the provisions of section 3.1.1, a lot which is not serviced by public water distribution
and/or sewerage collection facilities such lot may be used for a purpose permitted in the zone it is
located, provided the following regulations are complied with:
a. A lot not provided with public sewer collection services available to it shall:
i.
Be approved by a qualified professional for the provision of an on-site sewage disposal
system, including requirements related to frontage, depth, and area; and,
ii.
Satisfy all other provisions of the zone in which it is located and this By-law.
b. A lot with public sewer collection services available to it, but without public water distribution
services available to it, shall have:
i.
Minimum lot area for a dwelling unit: 690m2
ii.
Minimum lot frontage for a dwelling unit: 23m
iii.
Minimum lot depth for a dwelling unit: 30m
iv.
Minimum lot area for all other uses: 1,022m2;
v.
Minimum lot frontage for all other uses: 27m;
vi.
Minimum lot depth for all other uses: 30m; and,
vii.
Satisfy all other provisions of the zone in which it is located and this By-law.
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CITY OF MIRAMICHI ZONING BY-LAW
c. Notwithstanding anything to the contrary contained herein, a person who owns a lot not serviced
with public sewer collection services or public water distribution services shall be prohibited from
erecting, constructing, or placing multi-unit housing in excess of four (4) units upon said lot.
3.1.3 Access to a Public Street
1. No person shall erect or use a building or structure or use any lot of land regulated by this By-law
unless the lot of land to be used or the lot upon which the building or structure is situated or to be
situated abuts or fronts on a public street or otherwise achieves satisfactory access to a public street
as approved by the PRAC.
2. Nothwithstanding 3.1.3(1) for an existing lot:
-
Whose sole access to a public road is by a private access;
-
That does not have existing connection(s) to both municipal water and sanitary sewer services;
and,
-
That is smaller than the applicable minimum lot size required by the Zoning By-law;
The maximum total gross floor area of all development on the lot (main and accessory uses and
buildings) is an amount equal to twenty percent (20%) of the lot area. This provision does not
apply to the following:
a. Private mini-home parks;
b. Condominium projects; and,
c. Telecommunications and utilities infrastructure.
3.1.4 Structure/Building Setback from Streetline
1. No main or accessory building, structure (excluding structures associated with utilities) or part thereof
located on a lot, including a corner lot or a through lot, shall be erected, altered or used within:
a. 7.6m of the street line of a local or collector road; or,
b. 15.2m of the street line of an arterial road;
2. Notwithstanding the provisions of subsection 3.1.4(1), the areas zoned DT are exempt from the
streetline setback requirement. This exemption shall not apply to a building or structure in the DT Zone
on a lot abutting King George Highway in Miramichi West.
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CITY OF MIRAMICHI ZONING BY-LAW
3. Notwithstanding the provisions of subsection 3.1.4(1) in any zone, if the setback established by
existing main buildings is less than the setback required by this By-law, a setback equal in distance to
the established average building line of adjacent main buildings on the same side of the street and
within 40m of the proposed structure shall be allowed, provided all other zone provisions can be met.
In the case of a corner lot, the required setback shall apply.
3.1.5 Site Drainage
1. No person shall alter the land levels in so far as this may affect surface drainage except where the
altered land levels provide that the resulting surface drainage shall be retained on the land and/
or discharged into an existing ditch, watercourse, or storm sewer capable of carrying such additional
water. Attention shall be given to proper site surface drainage so that removal of surface waters will
not adversely affect neighbouring properties or the public storm drainage system and other municipal
infrastructure. Storm water shall be removed from all roofs and paved areas and carried way in an
efficient and approved manner.
2. A site drainage plan prepared by a licensed engineer may be required depending on the scale of
the development or the potential for increased surfaced drainage.
3.1.6 One Main Building on a Lot
1. No person shall erect more than one (1) main building on a lot within any zone except where
specifically provided for in this By-law where a zone permits one or more main uses on a property.
2. The minimum separation between main buildings on the same lot shall be determined by the National
Building Code of Canada as adopted by the City of Miramichi Building By-law.
3. Notwithstanding any other provision of this by-law, where any land, building or structure is used for
more than one purpose, all provisions of this by-law shall be complied with for each use, except in the
case of lot area, lot frontage, lot coverage and minimum yard requirements in which case the most
restrictive or stringent requirement shall apply.
3.1.7 Existing Undersized Lots
1. Nothing in this By-law shall prevent the use of an existing lot with insufficient frontage, depth, width,
or area, 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.
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CITY OF MIRAMICHI ZONING BY-LAW
3.1.8 Existing Buildings and Structures
1. Where a building or structure has been erected on or before the effective date of this By-law, on a
lot having less than the minimum frontage, area, or depth, or having less than the minimum setback
or side yard or rear yard required by this By-law, the building may be enlarged, reconstructed,
repaired, or renovated provided that:
a. The enlargement, reconstruction, repair or renovation does not further reduce any yard that does
not conform to this By-law; and,
b. All other applicable provisions of this By-law are satisfied.
3.1.9 Accessory Buildings
1. Where this By-law provides that any land may be used or a building or structure may be erected or
used for a purpose, that purpose shall include accessory buildings.
2. No accessory building may be used for human habitation with the exception of an accessory dwelling
unit.
3. In any zone, no accessory building shall be located in a front yard unless the lot has the Miramichi
River as one of its boundaries.
4. In any zone, total lot coverage for accessory buildings shall not exceed 12% of the total lot area.
5. An accessory building or use shall not be erected or located in any front yard, side yard or rear
yard, except as follows:
a. In any zone, accessory buildings that serve only one dwelling unit shall:
i.
Be located at least 1.5m from the main building;
ii.
Be located at least 0.9m from other accessory buildings;
iii.
Not be closer than 1.5m to any lot line;
iv.
Not exceed the height of the roof of the main building on the lot and in no case shall it
exceed 6m in height measured from the finished grade to the highest point of any portion
of the roof; and,
v.
Have a maximum total floor area of 90.5m2 for a lot less than 4,000m2 in size and of
110m2 for a lot greater than 4,000m2 in size;
b. In any zone, except as permitted in 3.1.9(5)(a) and 3.1.9(5)(c), accessory buildings shall:
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CITY OF MIRAMICHI ZONING BY-LAW
i.
Be located at least 1.5m from the main building and other accessory buildings; and,
ii.
Not be closer to any other lot line than 3m or half the height of the building, whichever is
the greater;
c. In any zone where the accessory building is less than 28m2 in floor area and 2.5m in height:
i.
Shall be located at least 1.5m from the main building and at least 0.90m from either side
lot line and at least 0.90m from the rear lot line.
d. Notwithstanding other provisions in this By- Law respecting side-yard setbacks for accessory
buildings, common semi-detached garages may be centered on the mutual side lot line.
e. Notwithstanding 3.1.9(5), a building deemed accessory to a single-unit dwelling on a corner
lot may be located in the front yard, provided that the dwelling unit is parallel to and has its
principle entrance facing the longest abutting streetline and all other zoning provisions can be
met.
3.1.10 Private Garages and Carports
1. Where a garage or carport is attached to or incorporated in a dwelling, it becomes part of the
building for purposes of determining the width or depth of a minimum yard and for lot coverage.
3.1.11 Height Regulations
1. Unless located in the Airport-Compatible Business (ACB) zone, the height regulations of this By-
law shall not apply to church spires, water tanks, elevator enclosures, silos, flagpoles, television or
radio antennae, ventilators, skylights, barns, chimneys, clock towers, windmills, wind turbines or solar
collectors attached to the principle structures except where specifically regulated in this By-law or by
other Federal, Provincial, or Municipal legislation in effect.
3.1.12 Enclosures for Swimming Pools
1. No land may be used for the purposes of a swimming pool unless;
a. The swimming pool is completely surrounded by an enclosure of at least 1.52m in height. For the
purpose of this section, an enclosure means a fence, wall or other structure including self-latching
doors and gates designed primarily not to facilitate climbing and to restrict access thereto. Such
enclosure shall not have rails, bracing or other attachments on the outside that would facilitate
climbing. Such enclosure shall be located a minimum of 1.2m from the edge of the water
contained in the in-ground or on-ground pool;
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b. Said swimming pool or any portion thereof is not located directly under any electrical service
wires;
c. Said swimming pool is not located in the front yard area;
d. Swimming pool is not considered as an accessory building/structure for any other sitting
requirements of this by-law; and,
e. In the case of an above-ground pool, with galvanized steel or similar materials, the vertical
walls of the pool can be used as part of a pool enclosure provided that the vertical steel walls,
including additional fencing at the top of the entire walls are at least 1.32m in height above
ground level and do not possess any horizontal members that may facilitate climbing. The ladder
area, which provides access to the above-ground pool, must be enclosed by a pool enclosure as
defined within this section.
3.1.13 Fences
1. Notwithstanding any other provisions of this By-law, a fence may be erected, placed or located in a
minimum yard subject to the following:
a. Not be placed in the sight triangle if located on a corner lot;
b. Except for a security fence in a Commercial, Industrial or Community Use zone, no fence may be
located within the minimum front yard exceeding a height of 1m;
c. No fence may exceed a height of:
i.
2.0m in a Residential zone;
ii.
2.5m in any other zone;
d. In a Residential zone, no fence shall be constructed such that the frame work and any visible
supports are visible from the adjacent property;
e. No fence in a Residential zone, may be electrified or incorporate barbed wire, razor wire or
other dangerous material in its construction;
f. Any fence, except those permitted in the Rural (RU) zone, that incorporates barb wire, razor wire
or any other dangerous material in its construction shall not place the barb wire, razor wire or any
other dangerous material lower than a height of 1.6m; and,
g. Not be placed within 0.3m from front and flanking streetlines.
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3.1.14 Reduced Frontage on A Curve
1. Where the front lot line of any lot is a curved line or when the side lines of a lot are not parallel, the
frontage is determined by measuring the distance between the points on each side lot line which are
a distance from the streetline equal to the required setback by the applicable provision of this By-
law.
3.1.15 Sight Triangle
1. On a corner lot or a through lot, except in the Downtown District (DT) zone, a fence, sign, hedge, shrub,
bush or tree or any other structure or vegetation except a column of up to 20 centimetres in diameter
supporting an upper storey projection shall not be erected or permitted to grow to a height more
than 0.6m above grade at the point of intersection of the streets that abut the lot within the triangular
area included within the street lines for a distance of 4.6m, measured from their point of intersection.
3.1.16 Permitted Encroachments
1. Notwithstanding any provisions of this By-law to the contrary, encroachments are permitted as follows:
a. Enclosed patios, fire escapes, walkways, wheelchair ramps, lifting devices, or steps may be
located a maximum of 1.5m into any minimum front or rear yard and 0.9m into any minimum side
yard;
b. There may be erected or maintained in any yard, the usual projections of sill, cornices, eaves,
gutters, chimneys, pilasters, canopies, or other architectural features, provided that no such
structure or feature shall project more than 0.6m into any required yard;
c. Window bays and solar collectors may be permitted to project not more than 0.9m from the main
wall into a required front, rear or side yard;
d. Exterior staircases, steps, balconies, porches, verandas, and sundecks shall be permitted to project
a maximum of 2.0m into any required front or rear yard and 0.9m into any required side yard
provided that the exterior staircases, balconies, porches, verandas and sundecks do not extend
closer than 1m from the nearest lot line.
e. Pumps and islands for the distribution of automotive fuel shall be allowed to locate within any
minimum yard to the satisfaction of the Development Officer; and,
f. Signs subject to and as provided for in section 5.
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3.1.17 Outdoor Storage
1. Where this By-law makes provision for outdoor storage, the land used for such storage shall be
screened from the street by a wall or decorative fence or chain link fence with filler strips woven into
the mesh or other screening facility of equal screening value, such screening facility to be at least 2m
high and not more than 2.5m in height nor shall any material be piled higher than the height of the
screening.
3.1.18 Screening of Waste Disposal Containers
1. A waste disposal container shall not be located in any front yard, side yard or rear yard, except as
follows:
a. Shall not displace or be placed in any required landscaped open space and / or parking spaces;
b. Shall be located at least 1.0m from either side lot line, at least 1.0m from the rear lot line; if it
abuts a residential zone, it shall be at least 3.0m from the side and rear and lot lines;
c. Shall be screened on all side from adjacent properties;
d. Screening material can be any combination of evergreen plantings, wood or masonry material;
and,
e. Access to the waste disposal container shall be by a gate constructed of wood or other opaque
material.
3.1.19 Screening
1. Where required by this By-law, screening shall be provided in accordance with the following
requirements:
a. Materials:
i.
Plant materials characterized by dense growth which will form an effective year-round
screen shall be planted, or a fence or a wall shall be constructed to form the screen;
ii.
Screening may consist of both natural and man-made materials;
iii.
Where a fence is used as screening, the fence shall be constructed such that the frame
work and any visible supports shall not be visible from the adjacent property; and,
iv.
To the extent practical, existing trees and vegetation shall be retained and used to satisfy
the provisions of this section.
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b. Height:
i.
Screening shall be at least 1.5m in height;
ii.
Plant materials, when planted, may be less than one metre in height if of a species or
variety which shall normally attain the required height and width within three years of
planting;
iii.
Height shall be measured from the finished grade;
iv.
Height must comply with all other provisions of this By-law, specifically sections 3.1.13
(Fences) and 3.1.15 (Sight Triangle); and,
v.
No garbage shall be stored in any garbage storage area so as to exceed the height of
the surrounding fence or screening.
c. Width:
i.
Screening shall be in a strip of landscaped open space of at least 1.5m in width.
d. Maintenance:
i.
All required plant materials shall be maintained in a healthy condition and whenever
necessary replaced with new plant materials to ensure continued compliance with
screening requirements; and,
ii.
All required fences and walls shall be permanently maintained in good repair and
presentable appearance and, whenever necessary, they shall be repaired or replaced.
3.1.20 Landscaped Open Space and Landscaping
1. Where landscaped open space and landscaping is required, it shall be completed not later than one
year from the date of granting of the development permit for the main building located thereon.
2. No signs, accessory buildings, driveways nor parking areas shall be located in any required
landscaped open space area abutting a Residential, Institutional, or Park zone or use.
3.1.21 Outdoor Display Courts
1. Where an outdoor display court is a permitted use, such outdoor display courts shall conform to the
following standards:
a. No outdoor display court shall be located closer than 2m from any street right of way; and,
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b. The area between any outdoor display court and street line shall be landscaped, including at
least 15 centimetres of topsoil after compaction and the seeding or sodding thereof.
3.1.22 Multiple Uses
1. In any zone, where any land or building is used for more than one use, all provisions of the By-law
relating to each use shall be satisfied, except as otherwise provided.
3.1.23 Accessory Uses
1. Where this By-law provides that any land may be used or a building may be erected, altered or
used for any purpose, that purpose shall include accessory uses.
3.1.24 Parks
1. Notwithstanding the provisions of section 2.7.2(a), public parks and public linear parks are permitted
in any zone.
3.1.25 Residential Development Near a Lagoon or Sewage Treatment Plant
1. Notwithstanding any other provision of this By-law, no new residential development, except for
development contiguous to existing buildings or structures and deemed to be infill by the Development
Officer, may be located within 90m of a sewage lagoon or treatment plant.
3.1.26 Development Near a Municipal Water Supply
1. Notwithstanding any other provision of this By-law, development and use of land and buildings
near a municipal water supply or municipal well may be regulated in accordance with applicable
Provincial legislation so as to protect the potable water supply.
3.2 Secondary Uses - Residential
3.2.1 Backyard Poultry Coop
1. Where permitted as a secondary use in association with a dwelling unit, any person may have a
backyard poultry coop on a lot provided the following provisions are complied with:
a. The backyard poultry coop is secondary to a single- or two-unit dwelling, mini-home dwelling, or
tiny-home dwelling.
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b. Male chickens (roosters) are explicitly prohibited. The number of permitted chickens shall be
limited to a maximum of six (6);
c. Eggs and meat from the poultry coop are for the sole use/consumption of the residents of the
dwelling on the property;
d. On-site slaughter of animals from the poultry coop on the property is prohibited;
e. All poultry shall be kept in a maximum of one enclosed poultry coop in the rear yard that shall
have a minimum setback of 3m from any lot line; and,
f. Poultry manure shall not be stored on the lot except within a fully sealed container.
3.2.2 Home Business
1. Any person may carry on or engage in a home business on a lot with an existing dwelling unit in which
they resides provided the following regulations are complied with:
a. The home business and any accessory buildings are clearly subordinate to the use of the lot for
dwelling purposes and shall not change the character thereof;
b. No alterations shall be made to the dwelling which would be inconsistent with future use of the
building exclusively as a dwelling;
c. The residential look and character of the property shall be maintained;
d. The home business shall be conducted entirely within the dwelling or any attached garage or in an
unattached accessory building;
e. The total area used for the home business in the dwelling, attached garage or accessory building
shall not exceed 25% of the floor area of the dwelling, or 40m2 whichever is less;
f. There is no exterior storage of material or equipment used as a part of the home business;
g. Signs shall be limited to a single, on site, non illuminated sign with a maximum area of 0.4m2;
h. Two persons other than family members residing in the dwelling may be engaged in any home
business;
i. No traffic is generated in greater volumes or in a manner other than would be consistent with that
of the residential neighbourhood;
j. The home business shall not create a need for parking that can not be provided on the property
or which is inconsistent with the normal parking usage of the neighbourhood;
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k. Vehicles used primarily as passenger vehicles shall be permitted in connection with the home
business. Only one commercially licensed vehicle shall be allowed. This vehicle shall not exceed 1
tonne capacity;
l. The home business does not create or become a public nuisance in particular in respect to noise,
odours, traffic, parking, dust, vibration or interference with television or radio reception;
m. No goods or services other than those directly pertaining to the home business shall be offered
for sale or supplied therein or therefrom; and,
n. Notwithstanding any other provisions of this By-law, a home business shall not include any of the
following uses:
i.
The storage or parking of more than one tractor trailer, semi-trailers on or near a
residential property;
ii.
The storage or parking of heavy equipment on or near a residential property;
iii.
Motor vehicle repair establishment;
iv.
Sale or rental of motor vehicles including but not limited to automobiles, ATV's, travel
trailers, boats and / or personal watercraft;
v.
Kennel;
vi.
Recycling depot;
vii.
Salvage yard;
viii.
Taxi stand; or,
ix.
A retail use greater than 10m2 in floor area.
3.2.3 Early Learning and Childcare Home
1. An early learning and childcare home, shall be subject to the following requirements:
a. That the facility be part of a dwelling unit and the operator live on the premises;
b. Signs, displays or other external evidence indicating a day care centre is being conducted on the
property, shall be limited to a total sign area of 0.4m2 and the residential look and character of
the property shall be maintained;
c. Provide for access, drop-off, and parking to the satisfaction of the Development Officer;
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d. Provide landscaped open space and screening to the satisfaction of the Development Officer;
e. Submission of a site plan subject to section 2.11.5; and,
f. Comply with all other applicable regulations including the Early Childhood Services Act.
3.2.4 Garden Suite
1. Any lot with a single-unit dwelling or mini-home may host a Garden Suite for the use of persons with
identified special needs provided the following regulations are complied with:
a. An application and supporting information for the locating of a Garden Suite shall be submitted
to the Development Officer;
b. No Garden Suite shall be located on a lot until a permit to do so has been issued by the
Development Officer;
c. A Garden Suite shall be constructed, erected and located in the rear yard of the main dwelling
only and so as to be readily removable and subject to the following requirements:
i.
Minimum rear yard for Garden Suite: 3m;
ii.
Minimum side yard for Garden Suite: 2m;
iii.
Maximum height for Garden Suite: 6m; and,
iv.
Maximum floor area for Garden Suite: 80m².
d. Provision for servicing, including potable water, sewer, storm sewer, lot grading and drainage,
parking, and access shall be provided for the Garden Suite to the satisfaction of the Development
Officer; and,
e. Submission of a site plan subject to section 2.11.5.
3.2.5 Home-Based Tourist Accommodations
1. Home-based tourist accommodations shall be permitted provided that it is located within an existing
single-unit dwelling and that:
a. The single-unit dwelling is occupied as a residence by the operator of the business;
b. The dwelling contains a maximum of 5 double occupancy bedrooms;
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c. Meals will be provided to registered guests only with no walk in trade;
d. The property provides landscaped open space, screening, and parking to the satisfaction of the
Development Officer;
e. The lot is not used for any other accessory or conditional use;
f. Submission of a site plan subject to section 2.11.5;
g. Signs, displays or other external evidence indicating a home-based tourism accommodation is
being conducted on the property, shall be limited to a total sign area of 0.4m2 and the residential
look and character of the property shall be maintained; and,
h. All other applicable regulations are met.
3.2.6 Home Industry
1. A resident may carry on or engage in a home industry on a lot with an existing dwelling unit and
accessory building(s) and located within the appropriate zone, provided the following regulations are
complied with:
a. Displays or other external evidence indicating a home industry is being conducted on the property
shall be limited to a total sign area of 0.6m2 and the residential look and character of the
property shall be maintained;
b. No goods or services other than those directly pertaining to the home industry shall be offered for
sale or exposed for sale or supplied therein or therefrom; and,
c. The use of equipment or processes that create noise, vibration, glare, fumes, odorous or electrical
interference in excess of that normally experienced in a residential neighborhood, shall be
minimized and buffered from abutting residential properties.
3.2.7 Accessory Dwelling Units (ADUs)
1. An accessory dwelling unit may be permitted in any defined zone as secondary to a single- or two-
unit dwelling or mini-home dwelling, subject to the following:
a. Where permitted by this By-law, an accessory dwelling unit shall not contribute to the maximum
number of dwelling units permitted on a property.
b. An attached accessory dwelling unit shall be subject to the following requirements:
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i.
Not exceed 40% of the main building's gross floor area, if accessory to a single-unit
dwelling;
ii.
Not exceed 25% of the main building's gross floor area, if accessory to a two-unit
dwelling; and,
iii.
Provide one additional parking space in addition to the parking requirement for the main
use of the property.
c. A detached accessory dwelling unit shall be subject to the following requirements:
i.
Not exceed 6m in height;
ii.
Be located in the rear yard only;
iii.
Not exceed 80m2 of gross floor area or 40% of the main building's gross floor area,
whichever is less;
iv.
Be subject to the yard requirements for the zone in which it is located;
v.
Be serviced by municipal or private water and sanitary systems to the satisfaction of the
Development Officer;
vi.
Provide screening and landscaped open space to the satisfaction of the Development
Officer;
vii.
Provide one parking space in addition to the parking requirement for the main use of the
property;
viii.
Subject to maximum lot coverage requirements for the zone in which it is located; and,
ix.
Notwithstanding the requirements of this section, be subject to the setback requirements for
accessory buildings for the zone in which it is located.
3.3 Conditional Residential Uses
3.3.1 Early Learning and Childcare Centre
1. An early learning and childcare centre may be permitted in a defined residential zone subject to the
following provisions:
a. Provides for access, drop-off area, and parking to the satisfaction of the Development Officer;
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b. Provides landscaped open space and screening to the satisfaction of the Development Officer;
c. Submission of a site plan subject to section 2.11.5;
d. Complies with all other applicable regulations including the Early Childhood Services Act; and,
e. Subject to any other terms or conditions the PRAC may impose.
3.3.2 Convenience Store
1. A convenience store may be permitted in a defined residential zone subject to the following
provisions:
a. The property provides access, landscaped open space, screening, and parking to the satisfaction
of the Development Officer;
b. Submission of a site plan subject to section 2.11.5;
c. Satisfy all other provisions of the zone in which it is located and this By-law; and,
d. Subject to any other terms or conditions the PRAC may impose.
3.4 Special Provisions for Specific Uses
3.4.1 Community Placement Residential Facility
1. A community placement residential facility may be permitted in a residential zone provided that:
a. The number of residents residing in a community placement residential facility shall be approved
by Social Development pursuant to the Family Services Act;
b. The property provides landscaped open space, screening, and parking to the satisfaction of the
Development Officer;
c. Submission of a site plan subject to section 2.11.5;
d. Signs, displays or other external evidence indicating a community placement residential facility is
being conducted on the property, shall be limited to a total sign area of 0.4m2 and the residential
look and character of the property shall be maintained; and,
e. Satisfy all other provisions of the zone in which it is located and this By-law.
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3.4.2 Non-Commercial Wind Energy System
1. Non-commercial wind energy systems shall be permitted as an accessory use in all zones, subject to
the following provisions:
a. Maximum tower height: 45m;
b. Shall be setback, at minimum, 1.5 times the total height of the wind turbine from the rear, front
and side lot lines, dwellings, transmission lines, and public right-of-ways;
c. Any climbing apparatus shall be a minimum of 3m above grade;
d. The rotor clearance shall be a minimum of 4.5m from grade;
e. Anchor points for guy wires shall be located on the property that the system is located on. The
minimum setback for the guy wire anchors shall be 3m from all lot lines;
f. There shall be no signs, other than the name of the manufacturer, advertisements or objects
attached to or added to the turbine or tower;
g. In addition to the application for a Development Permit, the following information is required:
i.
Provide the manufacturer's information regarding the type of turbine, total height, rotor
diameter, rated output, and Canadian Safety Certification;
ii.
Provide a site plan, as per section 2.11.5, drawn to scale, showing the location of the non-
commercial wind energy system in relation to lot lines, dwelling, public and private roads,
and distance from adjacent dwellings; and,
iii.
Submit authorization documents from Transport Canada and Nav Canada.
2. The owner shall remove the non-commercial wind energy system from the lot following one-year
inactivity. A new application shall be submitted and approved before a new turbine is installed or a
wind turbine is restarted after the expiration of the one-year period. All supporting structures shall
be removed within 60 days of the notification by the Greater Miramichi Regional Service Commission.
3.4.3 Mini-Storage Warehouse
1. A mini storage warehouse is subject to the following conditions:
a. Where a site to be used as the location of a mini storage warehouse abuts a residential zone or
use, no storage bays shall face an abutting residential zones;
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b. The facility shall not be used for the manufacture or sale of any commercial commodity or the
provision of any service such as the commercial repair of automobiles, boats, motors or other
items;
c. The facility shall not be utilized for the storage of high hazard materials or flammable chemical
substances; and,
d. Screening shall be erected and permanently maintained adjacent to any residential use or
residential zone.
3.4.4 Outdoor Furnace
1. Where an outdoor wood stove, furnace, or boiler is established for heating of a building or structure
it shall conform to all yard requirements of the zone for an accessory building or structure and in
addition it shall be established such that it:
a. Shall not be installed in R-1, R-2, RML, R-3, R-4, R-5, R-6, RR, RP, RM, NC, or MU zones;
b. No appliance shall be permitted to be installed in any other zone unless the parcel of property
wherein the appliance is installed is 0.8 hectares (2 acres) or greater in size;
c. An appliance using solid fuel and installed or erected outdoors shall be supported by a non-
combustible base or foundation constructed so as to adequately support the weight of the
appliance;
d. The dimensions of the base or foundation for an appliance using solid fuel and installed or
erected outdoors shall be in accordance with the manufacture's instructions; notwithstanding such
instructions, such base or foundation shall extend a minimum of 300mm beyond the appliance on
all sides;
e. The top of the chimney for an appliance using solid fuel and installed and erected outdoors shall
be a minimum of 5m above the adjacent ground and shall be equipped with a spark arrestor and
a rain cap;
f. The appliance installed or erected outdoors shall be located no less than 15m from any lot line;
g. The appliance installed or erected outdoors shall be located no less than 15m from an habitable
structure including habitable structure on adjacent properties;
h. The appliance installed or erected outdoors shall be located no less than 3m from any trees or
non-habitable structures; and,
i. The appliance installed or erected outdoors shall be located no less than 15m from any streetline.
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3.4.5 Temporary Real Estate Sales Offices
1. Temporary real estate sales offices may be set up in new display homes within new subdivisions for a
period of not more than twenty-four months.
3.4.6 Temporary Construction Uses Permitted
1. Nothing in this By-law shall prevent the use of land or the erection of a temporary building or
structure which is accessory to construction in progress, provided all necessary permits required by
Federal, Provincial, or Municipal legislation have been issued and that the temporary building or
structure is removed within 14 days of the completion of the work.
3.4.7 Stripping of Topsoil
1. No person may strip, excavate, or otherwise remove topsoil for sale or for use from a lot or other
parcel of land unless approved by the Department of the Environment and Local Government. Where,
in connection with the construction of a building or structure, there is an excess of topsoil other than
that required for grading and landscaping on the lot, such excess may be removed for sale or use.
3.4.8 Recreational-Vehicle Storage and Use
1. No person within a Residential zone, shall store any boat, trailer, recreational vehicle, or travel trailer
regardless of length in the required front yard of any lot or within 0.5m of any side lot line or rear
lot line.
2. No recreational vehicle or travel trailer shall be used as a dwelling.
3.4.9 Commercial Vehicles in Residential Zones
1. No person shall park a commercial vehicle on a lot in a Residential zone other than for the immediate
purpose of loading or unloading the vehicle.
2. Notwithstanding section 3.4.8(1), one commercial vehicle per dwelling unit may be parked on a lot
appropriated for the dwelling wherein the operator of the vehicle resides, provided the vehicle does
not contain cargo including hazardous or flammable materials and has a currently valid licence plate
attached thereto.
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3.4.10 Vehicle Bodies
1. No motor vehicle, tractor trailer, traction engine, road building machine, farm tractor, other heavy
equipment, shipping container, or any vehicle drawn, propelled, or driven by any kind of power shall
constitute a dwelling unit whether said equipment or vehicle is operational or not.
2. Except within any Industrial, Rural (RU), Resource Extraction (RE), or Highway Commercial (HC) zone,
no vehicle body, trailer, or shipping container shall be used as a building for storage, and then only in
conformity with the provisions for buildings, structures, and/or accessory buildings.
3. Notwithstanding section 3.4.10(1) and (2) a vehicle body, trailer, or shipping container may be
repurposed and converted into a building, subject to compliance with the National Building Code of
Canada.
3.4.11 Illumination
1. No person shall erect any illuminated sign or illuminate an area around or outside any building in
any zone, unless such illumination is directed away and shielded from adjoining properties and any
adjacent streets and does not interfere with the effectiveness of any traffic control device.
2. Any lighting proposed to illuminate off-street parking area or an outdoor display court shall be
located and arranged so that all direct rays of light are directed upon the parking area or an
outdoor display court only and not on any adjoining lots or interfere with the effectiveness of any
traffic control device.
3.4.12 Separation of Propane Tanks for Residential and Institutional Uses And Zones
1. No person shall erect or a use a tank for the storage of propane for sale within 15.24m of a
residential or institutional zone or use.
3.4.13 Commercial Patios
1. In any commercial zone, a patio is a permitted accessory use to a restaurant and a licenced premise
provided that the patio is not located in a yard that abuts a residential zone.
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3.4.14 Wind Farms as Conditional Uses in Rural, Conservation Area, Industrial Zones
1. Wind Farms of commercial or community scale shall be permitted in the Rural (RU), Conservation Area
(CA), and Industrial zones subject to terms and conditions as imposed by the Planning Review and
Adjustment Committee. Consideration shall be given to but not limited to setbacks from property lines,
structure and natural features, location of the facility related to other uses in the vicinity, regard for
height, appearance and road access.
3.4.15 Temporary Garden Centres
1. Nothing in this By-law shall prevent a temporary outdoor garden centre being established in a
parking lot located in a Commercial zone, subject to the following conditions:
a. It shall only operate between the months of April to September;
b. It shall not occupy more than 10% of the total number of required parking spaces;
c. It shall meet the setback requirements for accessory buildings in the zone; and,
d. It shall be readily removeable.
3.4.16 Residential Zero Lot Line for Semi-Detached and Row House Dwelling Developments
1. Zero lot line development may be permitted in a defined Residential zone, excluding an R-1 zone,
provided that:
a. It can be serviced with municipal sewer services;
b. Dwelling units are attached by a common wall with each dwelling unit being located on a
separate lot;
c. Notwithstanding Residential zone provisions for side yard setbacks, the required shared side lot
line setback shall be zero and requirements for lot area and frontage shall be reduced by half
(50%);
d. No rowhouse driveway shall have direct access to an arterial or collector road; and,
e. Submission of a site plan subject to section 2.11.5.
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Driveway Access, Parking, and Loading
CITY OF MIRAMICHI ZONING BY-LAW
SECTION 4: DRIVEWAY ACCESS,
PARKING, AND LOADING
4.1 Driveway Access
4.1.1 Motor vehicle access from a lot to a street shall be over a driveway access conforming
to the following and to the latest version of the Transportation Association of Canada
Guidelines, which ever is the greater:
1. Maximum width, excluding approved curb cuts, at the street line:
a. Commercial and Community Use zones: 12m
b. Industrial zones: 15m
c. Residential and Rural zones: 7.3m
d. Despite 4.1(1)(a) to (c), the maximum width at the streetline may be greater when approved by
the City of Miramichi Engineering and/or Public Works Department.
2. Minimum radius of curb cuts shall be to the satisfaction of the City Engineer;
3. Minimum distance between a driveway access and intersecting street line 6.1m;
4. Minimum angle of intersection between driveway access and a street line 70 degrees;
5. Minimum clear throat length:
a. 15m for a local or collector road; or
b. 30m for an arterial road
6. Driveway access shall be to the satisfaction of the City Engineer.
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4.2 Parking
4.2.1 Regular Parking
1. No person shall use any land, or erect or alter, or use any building or part thereof for any purpose
unless motor vehicle parking is provided and maintained in accordance with the provisions of this By-
law relating thereto, including the following:
Use or Purpose
Minimum Parking Space Requirements
a. Active Recreation Use
minimum of 10
b. Apartment dwelling
1 per dwelling unit
c. Manufacturing facility, processing plant, or
similar industrial use
1 per 3 employees or 1 per 93 m² of floor area,
whichever is the greater
1 per 3 employees or 1 per 93 m² of floor area,
whichever is the greater
d. Home-based tourist accommodation
1 per dwelling unit, plus 0.5 per guest room
e. University or college residence or dormitory
1 per 2 beds available for boarding plus 1 per
dwelling unit
f. Religious institution or assembly hall
1 per 3 fixed seats plus 1 per 3.7m2 other
assembly area
g. Clinic
3 spaces per examining room
h. Restaurant or licensed premises, not including
a pickup/takeout service restaurant
1 per 7m2 of floor area or 1 per 3 seats,
whichever is the greater
i. Elementary / Jr. High School
3 per classroom
j. Funeral parlour
15 spaces per viewing room and 1 space for
each 5m2 of floor area used for assembly
k. Golf Course
minimum of 10, plus 2 per hole
l. Hospital
2 per bed
m. Hotel, Motel, or Inn
1.25 per guest room
n. Miniature golf course or driving range
Minimum of 10
o. Retail store for the sale or rental of building
products, contractor supplies and equipment,
motorized vehicles and equipment and parts,
or boats, trailers, travel trailers, modular
homes, mobile homes and mini homes
Minimum of 5 plus 1 per 370m2 of lot area
p. Motor Vehicle Repair Establishment
1 per 9.3m2 of floor area
q. Office
1 per 25m2 of floor area
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Use or Purpose
Minimum Parking Space Requirements
r. Community placement residential facility/
assisted living facility
2 per 5 beds
s. Retail store, personal service shop, excluding
associated warehouse,
1 per 28m2 of floor area
t. Single unit dwelling, two-unit dwelling, three
unit dwelling, and a row house wherein not
more than two dwellings are served by the
same driveway
1 per dwelling unit
u. Place of entertainment
1 per 5 fixed seats
v. University or Community College, or high
school or vocational school
3 per classroom and 1 per 4 students
w. Wholesale establishment, warehouse, or
transportation and distribution terminal
1 per 232m2 of floor area
x. Any dwelling unit not otherwise specified
1 per dwelling unit
y. Any use or purpose otherwise not specified
1 per 28m2 of floor area
2. Notwithstanding section 4.2.1(1), if the calculation of the minimum parking space requirement results
in a fraction, the requirement shall be the next higher whole number.
3. When a building or lot accommodates more than one use or purpose, the minimum parking space
requirement shall be the sum of the requirements for the separate uses or purposes. A shopping centre
is exempt from this provision.
4. Notwithstanding 4.2.1(1), a development may provide less than the minimum parking space
requirements of this By-law when an applicant submits a parking study or detailed rationale that
demonstrates that the number of proposed parking spaces is sufficient for the associated proposed
use(s), and that the conclusions of the study or rationale are found to be acceptable by the
Development Officer.
5. Each required parking space shall be at least 2.8m by 5.8m, be used only for the parking of
serviceable motor vehicles used in conjunction with a permitted use and shall be ready and accessible
and useable at all times by way of a driveway access conforming to the following:
Angle of parking
Minimum Aisle Width
a. 90 degree parking
6.4m
b. 75 degree parking
6.1m
c. 60 degree parking
4.8m
d. 45 degree parking
3.6m
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Angle of parking
Minimum Aisle Width
e. 30 degree parking
3.6m
f. parallel parking
4.0m
6. When the driveway access is one-way, the minimum required aisle width shall be reduced by half.
4.2.2 Downtown Parking Exemption
1. For the purpose of this section, the areas zoned Downtown District (DT) shall be exempted from on-site
parking requirements.
4.2.3 Barrier-Free Parking
1. Barrier-free parking shall be in accordance with the Barrier-Free Design Building Code Regulation,
2011-61 of the Act, and where there is conflict between this By-law and the Regulation, the
Regulation including amendments subsequent thereto shall prevail.
4.2.4 Parking Lot Design Requirements
1. The surface of all areas used as a parking lot in excess of 5 vehicles, and the driveway access thereto
shall be adequately drained, including the prevention of discharge of sediment to abutting properties
and treated to prevent the raising of dust.
2. In paved parking areas, each parking space must be painted, marked or otherwise delineated.
3. If the parking area is to be used in the winter, an additional area of equal to 1% of the required
area shall be provided for snow storage.
4. Where a parking lot abuts a residential use, 3m of landscaped open space, including screening, shall
be incorporated.
4.2.5 Parking in a Residential Zone
1. Except for single- and two-unit dwellings and row house developments in Residential zones, no
parking shall be permitted nor parking space provided within the required front yard.
2. Where a lot contains five (5) or more vehicle parking spaces, such spaces and the driveway thereto
shall not be located within 1.5m of a side lot line or rear lot line.
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4.2.6 Large Parking Lots
1. Where a parking lot has more than 50 spaces, 3% of the entire parking lot, excluding the access
driveway, shall be landscaped with trees and/or shrubs and/or vegetative ground cover. The area of
the parking lot is the area of the parking spaces and aisles and interior parking lot islands, excluding
access drives that do not contain either parallel or perpendicular parking spaces.
2. Planter islands or peninsulas containing trees shall be located within the parking lot, such that each
island or planter is surrounded on at least three sides by parking lot or an access drive to the parking
lot.
3. Planter islands and peninsulas must be a minimum width and length of at least 2.4m.
4. All planter islands and peninsulas must be bordered by a curb.
4.2.7 Bicycle Parking
1. Where a parking lot has more than 50 spaces, bicycle parking shall be provided on the subject
property in a secure location in proximity to the main entrance of the main building(s), based on one
space for every 50 required vehicle parking spaces.
2. Notwithstanding 4.2.7(1), in the Downtown District (DT), exterior on-site or indoor bicycle parking
facilities shall be provided, based on one space for every 20 required vehicle parking spaces
4.2.8 Electric Vehicles and Charging Stations
1. Where a parking lot requires more than 100 parking spaces, 2% of the required parking spaces
shall be provided as minimum Level 2 electric vehicle charging stations.
2. Where a parking lot provides more than the number of required Level 2 electric vehicle charging
stations by subsection 4.2.8(1), the calculation of the minimum number of required regular vehicle
parking spaces shall be reduced by 10 per additional charging station provided.
4.2.9 Parking Lots Containing More Than 300 Spaces
1. Where a parking lot has more than 300 spaces, the following shall also apply:
a. An on-site system of pedestrian walkways shall be provided on the property to provide access
between the primary entrance or entrances to each building and:
i.
All other buildings on the subject property;
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ii.
Public sidewalks, walkways, and trails;
iii.
Parking areas that serve the building; and,
iv.
Where appropriate, buildings on adjacent properties.
b. One direct and continuous pedestrian walkway per 300 parking spaces shall be provided within
the parking lot to connect building entrances to parking spaces, public sidewalks, transit stops, and
other pedestrian destinations. Such pedestrian walk shall consist of a minimum 3.5m wide corridor
and have a hard surface width of at least 1.5m with a landscaped area of at least 1m on each
side of the walkway.
c. On-site pedestrian walkways that cross a parking lot or driveway shall be clearly marked through
the use of paint or a change in paving materials, distinguished by their colour, texture, or height.
d. A continuous pedestrian walkway with a minimum width of 1.5m shall be provided along the full
length of all building facades featuring a customer entrance and/or customer parking area.
4.3 Queuing Space
4.3.1 All queuing spaces shall conform to the following standards:
1. Each queuing space per vehicle shall be a minimum of 6.0m long and 3.0m wide;
2. Queuing lanes shall provide sufficient space for turning and maneuvering and shall not occupy any
portion of a designated fire lane or designated barrier-free parking space and shall not cause any
queuing of vehicles to occur on a public street; and,
3. Queuing spaces shall be provided on the lot associated with the use.
4.3.2 A drive-thru restaurant shall provide queuing space as follows:
1. In-Bound: twenty (20) in-bound queuing spaces shall be provided for vehicles approaching the drive-
up service window in either a single or multi-lane drive-thru; and,
2. Out-Bound: one (1) outbound queuing space shall be provided on the exit side of each service
position and this space shall be located so as not to interfere with service to the next vehicle.
4.3.3 A drive-in business gas bar, automated bank tellers, and drive-in business automotive shall
provide queuing space as follows:
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3. In-Bound: three (3) in-bound spaces shall be provided; and,
4. Out-Bound: three (3) out-bound spaces shall be provided.
4.3.1 An automatic automotive wash shall provide queuing space as follows:
a. In-Bound: five (5) in-bound spaces shall be provided; and,
b. Out-Bound: three (3) out-bound spaces shall be provided.
4.4 Loading
1. No person shall use any land, or erect or alter, or use any building or part thereof for business or
commercial purposes involving the use of vehicles for the receipt or the distribution of materials unless
on site commercial vehicle loading and unloading space is provided and maintained in accordance
with the provisions of this By-law relating thereto, including the following:
Use or Purpose
Minimum Loading Space Requirement
a. Processing plant or manufacturing plant;
i.
up to 1,860m2 of gross floor area
1
ii.
1,860m2-7,432m2 of gross floor area 2
iii.
more than 7,432m2 of gross floor
area
3, plus one for each additional 7,432m2 of floor
area
b. Hospital
1 per 9,300m2 of floor area
c. Hotel or Motel
1 per 9,300m2 of floor area
d. Retail store, service shop, place of
entertainment or shopping centre
1 per 9,300m2 of floor area
e. Eating/licensed establishment, restaurant
1 per 9,300m2 of floor area
f. Office building, school, or assembly hall
1 per 9,300m2 of floor area
g. Wholesale establishment, warehouse, or
distribution centre
1 per 1,860m2 of floor area
2. Notwithstanding section 4.4(1) if the calculation of the minimum loading space requirement results in a
fraction, the requirement shall be the next higher whole number.
3. A loading space for any building less than 185m2 shall be optional.
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4. When a building or lot accommodates more than one use or purpose, the minimum loading space
requirement shall be the sum of the requirements for the separate uses or purposes. A shopping centre
is exempt from this provision.
5. The surface of all areas used for a loading space and the access thereto shall be adequately
drained, including the prevention of discharge of sediment to abutting properties and treated to
prevent the raising of dust.
6. Each required loading space shall be at least 3.7m by 12.2m and have a minimum vertical clearance
of 4.3m. Such space shall be readily accessible and useable at all times.
7. All loading and unloading shall occur on site and shall not block any public road or street.
8. On site loading spaces are not required in the Downtown District (DT) zone.
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SECTION 5: SIGNS
5.1 General Provisions
1. No person shall erect, alter or use any sign except in accordance with the provisions of this By-law
relating thereto.
2. No Development Permit is required to reface or repair either an existing non-conforming or
conforming sign.
5.2 Signs Allowed in Any Zone
1. Notwithstanding any other provisions of this By-law, the following signs are permitted in any zone,
without obtaining a Development Permit, subject to the following:
a. Any sign which does not exceed 0.4m2 in area;
b. Up to two real estate signs per lot. In a residential zone a real estate sign shall not exceed 1
square metre in sign area and in all other zones, 3m2;
c. Any sign which does not exceed 0.6m2 in area and which regulates or denotes the direction or
function of various parts of buildings or premises, including parking and traffic areas;
d. Any sign incidental to a construction project provided it does not exceed 4.6m2and is removed
upon substantial completion of said construction;
e. A sign erected by, or under the direction of a government body, including signs for identification,
public information or regulating traffic control and including traffic control signs, directional signs
and identification signs, and traffic devices;
f. A sign formed by landscaping design;
g. A memorial;
h. An election sign if the sign area does not exceed 3m2 in area. Any such sign shall be removed
within seven (7) days following the date of the election;
i. A sign in a subdivision erected for promotional purposes associated with a proposed subdivision
or other development;
j. A temporary sign if erected in accordance with the following provisions:
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i.
Shall only be used to advertise festivals, sporting, special and community events;
ii.
Be located a minimum distance from a street line of 3.0m;
iii.
Shall be removed within seven days after the event; and,
iv.
A portable sign may be used provided it complies with all relevant sections of the By-law
related to size and location on the property.
5.3 Special Standards and Prohibited Signs
1. No person shall erect, alter or use any sign, other than in compliance with the following:
a. No sign may create a hazard to public safety or health;
b. No sign may, for any reason, obstruct the vision of a driver leaving a roadway or driveway, or
detract from the visibility or effectiveness of any traffic sign or control device on a public street;
c. No sign except for a portable sign or sandwich sign or a sign indicating a disabled parking
space, or a temporary sign shall be placed or erected on a property, unless the sign is
permanently set into the ground or affixed to a building;
d. No sign may displace required amenity areas, including parking and loading areas as provided
for in this Bylaw;
e. No sign shall obstruct free ingress or egress from a fire escape, window, door, or other required
exit;
f. No sign, other than a traffic control sign erected by a government, may use words including
"stop", "look", "danger", "one way", "yield" or any similar words, phrases, symbols, lights, or
characters used in a manner which may mislead, confuse, or otherwise interfere with traffic;
g. No sign may incorporate a searchlight;
h. No sign may be painted on or attached to a tree, stone, cliff, or other natural object;
i. Any sign which advertises a business which is no longer active or conducting business shall be
deemed to be obsolete and such sign shall be removed by the owner or occupant of the property
within sixty (60) days of the date of discontinuance of the business;
j. No sign, unless a Directory Sign or a sign permitted as an off-site advertising sign in section 5.4.1,
shall be erected on a property unless the sign indicates the nature or ownership of a business or
institution conducted on the property upon which the sign is located; and,
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k. The following signs are prohibited in all zones:
i.
A series of two or more signs in line each carrying a part of a single advertising message;
and,
ii.
A vehicle-mounted sign.
2. Notwithstanding any other provision of this By-law a sign that incorporates both official languages,
equally, shall be permitted to be 10% larger than otherwise permitted in this By-law.
3. No sign shall be located or kept on a property unless such sign is properly maintained including the
sign's face, supports, electrical system or anchorage.
5.4 Supplementary Sign Provisions
5.4.1 Off-Site Signs
1. An off-site advertising sign shall be developed in accordance with the following regulations:
a. Off-site advertising signs shall be permitted in all Commercial, Industrial and Rural (RU) zones and
the Conservation Area (CA) zone;
b. Off-site advertising signs shall be in the form of a wall sign, a billboard sign, a freestanding sign,
or DPAD only;
c. The size, height and surface area of an off-site advertising sign shall be regulated in accordance
with the applicable provisions of this By-law;
d. Off-site advertising signs shall be setback from the street line in accordance with section 5.4.13 of
this By-law;
e. Off-site advertising signs shall not be located within the landscaped open space required for the
zone;
f. An off-site advertising sign shall not be located within 60m of:
i.
Another off-site adverting sign located on the same lot or adjacent lot; and,
ii.
Any Residential zone boundary.
g. Unless the lot is vacant and undeveloped, no off-site advertising signs can be erected on a lot
having less than 54m of frontage on a public street and less than 54m of lot width.
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5.4.2 Freestanding Signs
1. Freestanding signs shall be permitted within all zones other than Residential zones and in accordance
with the following regulations:
a. Not exceed a maximum height of 10m;
b. Not exceed a maximum size of 12m2 in gross surface area, or in the case of a multiple tenancy
building containing 3 or more businesses, exceed 20m2 in gross surface area; and,
c. Not exceed a maximum of one in number for up to 60m of frontage and additional sign for each
additional 60m of frontage.
5.4.3 Projecting Signs
1. Projecting signs shall be permitted within all zones other than residential zones and in accordance
with the following regulations:
a. Not exceed 6.0m2 in gross surface area;
b. Not project more than 2.5m from the building wall;
c. Be erected a minimum of 3.0m above grade;
d. Not project over lot lines, except in the Downtown District (DT) Zone;
e. Not project more than 30 cm. above the highest storey of the building to which the sign is affixed;
and,
f. Not be permitted to swing freely on its supports
5.4.4 Wall Signs
1. Wall signs shall be permitted within all zones other than Residential zones and in accordance with the
following regulations:
a. Not be painted upon or cover a fence or roof;
b. Not extend beyond the extremities of the wall upon which it is placed; or
c. Not cover more than 10% of the area of the wall to the building or suite to which the sign is
affixed.
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2. Notwithstanding 5.4.4(1), wall signs shall be permitted in a Residential zone when used in conjunction
with an approved convenience store use.
5.4.5 Billboard Signs
1. A billboard sign shall be permitted in Highway Commercial (HC), Airport-Compatible Business (ACB),
Business/Light Industrial (BLI), Conservation Area (CA), and Rural (RU) zones, and only in accordance
with the following regulations:
a. Gross surface area shall not be less than 12m2 and not more than 24m2;
b. The base of the face of a billboard sign must be a minimum distance of 3m above finished grade;
c. Not exceed a maximum height of 15m; and,
d. Not exceed a maximum of one sign for up to 60m of frontage and one additional billboard sign
for each additional 75m of frontage, to a maximum of two billboard signs per lot.
5.4.6 Canopy Signs
1. A canopy sign shall be permitted within all zones other than Residential zones, provided that no
canopy sign shall:
a. Be placed, erected or altered unless the sign is attached to, painted or placed upon a marquee, a
canopy or an awning;
b. Exceed the length of the wall of the building upon which the canopy or awning is placed;
c. Project over a lot line;
d. Notwithstanding (c), a canopy sign may be located in a Downtown District (DT) zone and project
over a lot line, provided liability insurance is held by the owner of such sign; and,
e. Be placed, erected or altered unless the canopy or awning is placed on the building at a height
of at least 3m above grade.
2. Notwithstanding 5.4.6(1), canopy signs shall be permitted in a Residential zone when used in
conjunction with an approved convenience store use.
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5.4.7 Directory Signs
1. Directory signs shall only be permitted in the Business/Light Industrial (BLI), Airport-Compatible
Business (ACB), Downtown District (DT), General Commercial (GC), Regional Commercial (RC),
Highway Commercial (HC) and Mixed Uses (MU) zones, provided that no directory sign shall:
a. Exceed 12m2 in gross surface area;
b. Exceed a height of 10m above grade; or,
c. Be located on a property except where more than one business exists or display a listing of the
names of businesses unless these businesses are located within the immediate vicinity (500m) of
one another and the sign.
5.4.8 Sandwich Signs
1. Sandwich signs are permitted in all Commercial, Community Use, and Industrial zones provided that
no sandwich sign shall:
a. Exceed a gross surface area of 0.5m2;
b. Exceed one in number per business;
c. Obstruct pedestrian or vehicular traffic along any publicly owned land such as a sidewalk or
street right-of-way, fire lane or vehicle queuing space; or,
d. Not be located in the sight triangle on a corner lot.
5.4.9 Portable Signs
1. Portable signs shall be permitted in all Community Use, Industrial, and Commercial zones, other than
the Downtown District (DT) zone, subject to the following:
a. One portable sign, plus one additional portable sign for each 45m of frontage,
b. Maximum gross surface area of 4.3m2;
c. Shall be clearly related to a permitted main use occurring on the property which it is located;
d. Shall not obstruct pedestrian or vehicular traffic along any publicly owned land such as a sidewalk
or street right-of-way, fire lane or vehicle queuing space; and,
e. Shall not be located in the sight triangle on a corner lot.
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5.4.10 Swing Signs
1. Swing signs shall be permitted in all Commercial, Community Use and Industrial zones, subject to the
following:
a. One sign for each business conducted on the property;
b. Maximum gross surface area of 0.6m2;
c. Shall be located entirely within the property on which it is located and shall not project over lot
lines; and,
d. Notwithstanding (c), a swing sign may be located in a Downtown District (DT) zone and project
over a lot line, provided liability insurance is held by the owner of such sign.
5.4.11 Roof Signs
1. Roof signs shall be permitted in all Commercial and Industrial zones, other than Neighbourhood
Commercial (NC) or Downtown District (DT) zones, subject to the following:
a. Not exceed 6.0m2 in gross surface area;
b. Not be erected higher than the peak of the roof it is attached or anchored to;
c. Not exceed one in number per lot; and,
d. Not be permitted to swing freely on its supports.
5.4.12 Digital and Projected Advertising Displays (DPADs)
1. DPADs shall be permitted as part of a freestanding sign, fascia sign, projecting sign, canopy
sign, directory sign, or billboard sign in the Highway Commercial (HC), Regional Commercial (RC),
Community Use (CU), University Community College (UC), Mixed Use (MU) and all Industrial zones,
subject to the following:
a. Compliance with the zoning provisions for the respective sign type;
b. Minimum DPAD frame duration shall be 20 seconds;
c. Transition times between frames shall be instantaneous;
d. Message sequencing or text scrolling shall not be permitted;
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e. Maximum brightness shall be 5,000 nits during day and 500 nits at night; and,
f. Be separated at least 100m from an existing single- or two-unit dwelling.
2. Notwithstanding any other provisions of this By-law, a DPAD sign located in a drive-thru, including any
digital pre-sell board, speaker post, or menu board shall be permitted in an HC or RC zone without
obtaining a Development Permit.
5.4.13 Sign Setback
1. Unless otherwise provided for in this Bylaw, no sign permitted under this By-law may be placed,
erected or altered so that it is closer to a street line than the minimum setback required as provided
for in the following table:
(Note: Sign gross surface area rounded to the nearest square metre to determine set back from street
line.)
Setback from Street Line
2. No sign shall be placed closer than 1.5m from any lot line.
5.4.1 Non-Conforming Signs
1. 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 or
removal of any such non-conforming sign shall render such sign subject to the provisions of this By-law.
The provisions of this section shall not exempt the owner of a non-conforming sign from the obligations
of proper maintenance of such sign.
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SECTION 6: RESIDENTIAL ZONES
* Denotes a permitted
secondary use
( ) Denotes a permitted
conditional use
Single Unit Dwelling
Single- or Two-Unit Dwelling
Residential Mixed Low Density
Medium Density A
Medium Density B
High Density A
High Density B
Mini / Mobile Home Park
Mobile Home / Mini-Home
Residential Retirement Community
R-1
R-2
RML
R-3
R-4
R-5
R-6
RP
RM
RR
Accessory dwelling unit
R-2*
RML*
R-3*
RM*
Apartment building containing not
more than 10 dwelling units
R-3
Apartment building containing not
more than 24 dwelling units
R-4
RR
Apartment dwelling
R-5
R-6
Assisted living facility
R-4
R-5
R-6
RR
Associated administrative offices
RR
Backyard poultry coop
R-2*
RML*
RM*
RR*
Clinic
R-6*
RR
Community placement residential
facility
(R-1)
R-2
RML
R-3
R-4
R-5
R-6
Convenience store
(R-2)
(RML)
(R-3)
R-4
R-5
R-6*
(RP)
Early learning and childcare home
R-1*
R-2*
RML*
R-3*
RP*
RM*
RR*
Early learning and childcare centre
R-3
R-4
R-5
R-6
Four-unit dwelling
RML
R-3
RR
Garden suite
R-1*
R-2*
RML*
R-3*
RM*
Home business
R-1*
R-2*
RML*
R-3*
R-4*
R-5*
R-6*
RP*
RM*
RR*
Home-based tourist accommodation
R-1*
R-2*
RML*
R-3*
RM*
RR*
Inn
R-3
R-4
Mini-home and/or mobile home
park, including associated sales
office
RP
Mini-home dwelling
RML
RP
RM
RR
Mobile home dwelling
RP
RM
Modular dwelling
RP
RM
Park
R-1
R-2
RML
R-3
R-4
R-5
R-6
RP
RM
RR
Personal service shop
R-6*
Restaurant
R-6*
Retail store
R-6*
Rowhouse dwelling
RR
Rowhouse dwelling containing not
more than 10 dwelling units
R-3
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* Denotes a permitted
secondary use
( ) Denotes a permitted
conditional use
Single Unit Dwelling
Single- or Two-Unit Dwelling
Residential Mixed Low Density
Medium Density A
Medium Density B
High Density A
High Density B
Mini / Mobile Home Park
Mobile Home / Mini-Home
Residential Retirement Community
R-1
R-2
RML
R-3
R-4
R-5
R-6
RP
RM
RR
Rowhouse dwelling containing not
more than 16 dwelling units
R-4
Semi-detached dwelling
R-2
RML
R-3
RR
Single-unit dwelling
R-1
R-2
RML
R-3
RM
RR
Three-unit dwelling
RML
R-3
RR
Tiny-home dwelling
RML
RP
RM
Two-unit dwelling
R-2
RML
R-3
RR
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6.1 Single Unit Dwelling (R-1)
6.1.1 Permitted Uses
1. No person shall within a R-1 Zone, use any land or erect, alter or use any building or part thereof for
any purpose other than:
a. One of the following main uses:
i.
park
ii.
single-unit dwelling
b. One of the following secondary uses and then only in association with a single-unit dwelling:
i.
early learning and childcare home, subject to section 3.2.3
ii.
garden suite, subject to section 3.2.4
iii.
home business, subject to section 3.2.2
iv.
home-based tourist accommodation, subject to section 3.2.5
c. One of the following conditional uses provided herein subject to such terms and conditions as the
PRAC may impose:
i.
community placement residential facility, subject to section 3.4.1
6.1.2 Regulations
1. No person shall within a R-1 Zone, use any land or erect, alter or use any building or part thereof
except in accordance with the following regulations:
a. minimum lot area
540m2
b. minimum lot frontage
18m
c. minimum lot depth
30m
d. minimum front yard
In accordance with section 3.1.4
e. minimum side yard
2.4m
f. minimum rear yard
6.1m
g. maximum lot coverage
40%
h. maximum height
9.5m
R-1
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i. maximum coverage by open parking areas,
driveways and vehicle movement areas
25% of the lot area
2. Notwithstanding the requirements of lot frontage, area and depth as provided for herein within this
zone, a lot within this zone which is not serviced by public water distribution and/or public sewerage
collection facilities may be developed subject to and as provided for in section 3.1.2.
6.2 Single- or Two-Unit Dwelling (R-2)
6.2.1 Permitted Uses
1. No person shall within an R-2 Zone, use any land or erect, alter or use any building or part thereof
for any purpose other than:
a. One of the following main uses:
i.
community placement residential facility, subject to section 3.4.1
ii.
park
iii.
semi-detached dwelling, subject to section 3.4.15
iv.
single-unit dwelling
v.
two-unit dwelling
b. One of the following secondary uses and then only in association with a single-unit dwelling:
i.
accessory dwelling unit, subject to section 3.2.7
ii.
early learning and childcare home, subject to section 3.2.3
iii.
garden suite, subject to section 3.2.4
iv.
home-based tourist accommodation, subject to section 3.2.5
c. One of the following secondary uses in association with a dwelling unit:
i.
backyard poultry coop, subject to section 3.2.1
ii.
home business, subject to section 3.2.2
R-2
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d. One of the following conditional uses subject to such terms and conditions as the PRAC may
impose:
i.
convenience store, subject to section 3.3.2
6.2.2 Regulations
1. No person shall within a R-2 Zone, use any land or erect, alter or use any building or part thereof
except in accordance with the following regulations:
a. minimum lot area
540m2
b. minimum lot frontage
18m
c. minimum lot depth
30m
d. minimum lot frontage/ dwelling unit (new lots) 11m
e. minimum lot area/ dwelling unit (new lots)
330m2
f. minimum front yard
In accordance with section 3.1.4
g. minimum side yard
2.4m
h. minimum rear yard
6.1m
i. maximum lot coverage
40%
j. maximum height
11.0m
k. maximum coverage by open parking areas,
driveways and vehicle movement areas
25% of the lot area
2. Notwithstanding the requirements of lot frontage, area, and depth as provided for herein within the
R-2 zone, a lot within this zone which is not serviced by public water distribution and/or sewerage
collection facilities may be developed subject to and as provided for in section 3.1.2.
6.3 Residential Mixed Low Density
(RML)
6.3.1 Permitted Uses
1. No person shall within a RML Zone, use any land or erect, alter or use any building or part thereof for
any purpose other than:
a. One of the following main uses:
i.
community placement residential facility, subject to section 3.4.1
RML
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ii.
mini-home dwelling
iii.
park
iv.
semi-detached dwelling, subject to section 3.4.16
v.
single-unit dwelling
vi.
two-unit dwelling
vii.
three-unit dwelling
viii.
four-unit dwelling
ix.
tiny-home dwelling
b. One of the following secondary uses and then only in association with a single-unit dwelling:
i.
accessory dwelling unit, subject to section 3.2.7
ii.
early learning and childcare home, subject to section 3.3.1
iii.
garden suite, subject to section 3.2.4
iv.
home-based tourist accommodation, subject to section 3.2.5
c. One of the following secondary uses in association with a dwelling unit:
i.
backyard poultry coop, subject to section 3.2.1
ii.
home business, subject to section 3.2.2
d. One of the following conditional uses subject to such terms and conditions as the PRAC may
impose:
i.
convenience store, subject to section 3.3.2
6.3.2 Regulations
1. No person shall within a RML Zone, use any land or erect, alter or use any building or part thereof for
a single- or two-unit dwelling except in accordance with the following regulations:
a. minimum lot area
540m2
b. minimum lot frontage
18m
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c. minimum lot depth
30m
d. minimum lot frontage/ dwelling unit (new lots) 11m
e. minimum lot area/ dwelling unit (new lots)
330m2
f. minimum front yard
In accordance with section 3.1.4
g. minimum side yard
2.4m
h. minimum rear yard
6.1m
i. maximum lot coverage
40%
j. maximum height
11.0m
k. maximum coverage by open parking areas,
driveways and vehicle movement areas
25% of the lot area
2. Notwithstanding the requirements of lot frontage, area, and depth as provided for herein within the
RML zone, a lot within this zone which is not serviced by public water distribution and/or sewerage
collection facilities may be developed subject to and as provided for in section 3.1.2.
6.3.3 Regulations
1. No person shall within a RML Zone, use any land or erect, alter or use any building or part thereof for
a mini-home dwelling except in accordance with the following regulations:
a. minimum lot area
900m2
b. minimum lot area/dwelling unit (new lots)
232m2
c. minimum lot frontage
30m
d. minimum lot depth
30m
e. minimum lot frontage/ dwelling unit (new lots) 6m
f. minimum front yard
In accordance with section 3.1.4
g. minimum side yard
2.4m
h. minimum rear yard
6.1m
i. maximum lot coverage
40%
j. maximum height
12.0m
k. maximum coverage by open parking areas,
driveways and vehicle movement areas
25% of the lot area
2. Notwithstanding the requirements of lot frontage, area, and depth as provided for herein within the
RML zone, a lot within this zone which is not serviced by public water distribution and/or sewerage
collection facilities may be developed subject to and as provided for in section 3.1.2.
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6.3.4. Regulations
1. No person shall within a RML Zone, use any land or erect, alter or use any building or part thereof for
a mini-home dwelling except in accordance with the following regulations:
a. minimum lot frontage (mini-home dwelling
must be parallel to the street)
28m
b. minimum lot depth
30m
c. minimum lot area
525m2
d. minimum front yard
In accordance with section 3.1.4
e. minimum side yard
2.4m
f. minimum rear yard
6.1m
g. maximum height
8.5m
h. maximum lot coverage
40%
i. maximum coverage by open parking areas,
driveways and vehicle movement areas
25% of the lot area
2. Notwithstanding the requirements of lot frontage, area, and depth as provided for herein within the
RML zone, a lot within this zone which is not serviced by public water distribution and/or sewerage
collection facilities may be developed subject to and as provided for in section 3.1.2.
6.4 Medium Density A (R-3)
6.4.1 Permitted Uses
1. No person shall within a R-3 Zone, use any land or erect, alter or use any building or part thereof for
any purpose other than:
a. One of the following main uses:
i.
apartment building containing not more than 10 dwelling units
ii.
community placement residential facility, subject to section 3.4.1
iii.
early learning and childcare centre, subject to section 3.3.1
iv.
four-unit dwelling
v.
inn
vi.
park
R-3
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vii.
rowhouse dwelling containing not more than 10 dwelling units and subject to section 3.4.16
viii.
semi-detached dwelling, subject to section 3.4.16
ix.
single-unit dwelling
x.
three-unit dwelling
xi.
two-unit dwelling
b. One of the following secondary uses and then only in association with a single-unit dwelling:
i.
accessory dwelling unit, subject to section 3.2.7
ii.
early learning and childcare home, subject to section 3.2.3.
iii.
garden suite, subject to section 3.2.4
iv.
home-based tourist accommodation, subject to section 3.2.5
c. One of the following secondary uses and then only in association with a dwelling unit:
i.
home business, subject to section 3.2.2
d. One of the following conditional uses subject to such terms and conditions as the PRAC may
impose:
i.
convenience store, subject to section 3.3.2
6.4.2 Regulations
1. No person shall within a R-3 Zone, use any land or erect, alter or use any building or part thereof
except in accordance with the following regulations:
a. minimum lot area
900m2
b. minimum lot area/ dwelling unit (new lots)
232m2
c. minimum lot frontage
30m
d. minimum lot frontage/dwelling unit (new lots)
6.0m
e. minimum lot depth
30m
f. minimum front yard
In accordance with section 3.1.4
g. minimum side yard
2.4m
h. minimum rear yard
6.1m
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i. maximum lot coverage
40%
j. maximum height
15m
k. minimum landscaped open space along all
lot lines
3.0m
l. maximum coverage by open parking areas,
driveways and vehicle movement areas
25% of the area of the lot
m. submission of a site plan as provided for in
section 2.11.5
2. Notwithstanding the requirements of the lot frontage, area and depth as provided for herein within
this zone, a lot within this zone which is not serviced by public water distribution and/or public
sewerage collection facilities may be developed subject to and as provided for in section 3.1.2
6.5 Medium Density B (R-4)
6.5.1 Permitted Uses
1. No person shall within a R-4 Zone, use any land or erect, alter or use any building or part thereof for
any purpose other than:
a. One or more of the following main uses:
i.
apartment dwelling containing not more than 24 dwelling units
ii.
assisted living facility
iii.
community placement residential facility, subject to section 3.4.1
iv.
convenience store
v.
early learning and childcare centre, subject to section 3.3.1
vi.
inn
vii.
park
viii.
rowhouse dwelling containing not more than 16 dwelling units subject to section 3.4.16
b. One of the following secondary uses and then only in association with a dwelling unit:
i.
home business, subject to section 3.2.2
R-4
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6.5.2 Regulations
1. No person shall within a R-4 Zone, use any land or erect, alter or use any building or part thereof
except in accordance with the following regulations:
a. minimum lot area
2,230m2
b. minimum lot area/ dwelling unit (new lots)
185m2
c. minimum lot frontage
30m
d. minimum lot depth
30m
e. minimum front yard
In accordance with section 3.1.4
f. minimum side yard
3.0m
g. minimum rear yard
9.2m
h. maximum lot coverage
40%
i. maximum height
17m
j. maximum coverage by open parking areas,
driveways and vehicle movement areas
25% of the lot area
k. submission of a site plan as provided for in
section 2.11.5
2. Notwithstanding the requirements of the lot frontage, area and depth as provided for herein within
this zone, a lot within this zone which is not serviced by public water distribution and/or public
sewerage collection facilities may be developed subject to and as provided for in Subsection 3.1.2.
6.6 High Density A (R-5)
6.6.1 Permitted Uses
1. No person shall within a R-5 Zone, use any land or erect, alter or use any building or part thereof for
any purpose other than:
a. One or more of the following main uses:
i.
apartment dwelling
ii.
assisted living facility
iii.
community placement residential facility, subject to section 3.4.1
iv.
convenience store
v.
early learning and childcare centre, subject to section 3.3.1
R-5
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vi.
park
b. One of the following secondary uses and then only in association with a dwelling unit:
i.
home business, subject to section 3.2.2
6.6.2 Regulations
1. No person shall within a R-5 Zone, use any land or erect, alter or use any building or part thereof
except in accordance with the following regulations:
a. minimum lot area
2,230m2
b. minimum lot area/ dwelling (new lots)
140m2
c. minimum lot frontage
30m
d. minimum lot depth
45m
e. minimum front yard
In accordance with section 3.1.4
f. minimum side yard
6.1m
g. minimum rear yard
18m
h. maximum lot coverage
45%
i. maximum height
19m
j. maximum coverage by open parking areas,
driveways, and vehicle movement areas
25% of the area of the lot.
k. submission of a site plan as provided for in
section 2.11.5
2. Notwithstanding the requirements of the lot frontage, area and depth as provided for herein within
this zone, a lot within this zone which is not serviced by public water distribution and/or public
sewerage collection facilities may be developed subject to and as provided for in section 3.1.2.
6.7 High Density B (R-6)
6.7.1 Permitted Uses
1. No person shall within a R-6 Zone, use any land or erect, alter or use any building or part thereof for
any purpose other than:
a. One or more of the following main uses:
i.
apartment dwelling
R-6
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ii.
assisted living facility
iii.
community placement residential facility, subject to section 3.4.1
iv.
early learning and childcare centre, subject to section 3.3.1
v.
park
b. One of the following secondary uses, unless in association with a dwelling unit:
i.
home business, subject to section 3.2.2
c. One or more of the following secondary commercial uses when located in an apartment dwelling
containing 50 or more dwelling units:
i.
clinic
ii.
convenience store
iii.
personal service shop
iv.
restaurant
v.
retail store
2. Notwithstanding the requirements of the lot frontage, area and depth as provided for herein within
this zone, a lot within this zone which is not serviced by public water distribution and/or public
sewerage collection may be developed subject to and as provided for in section 3.1.2.
6.7.2 Regulations
1. No person shall within any R-6 Zone, use any land or erect, alter or use any building or part thereof
except in accordance with the following regulations:
a. minimum lot area
3,716m2
b. minimum lot area/ dwelling unit (new lots)
93m2
c. minimum lot frontage
45m
d. minimum lot depth
45m
e. minimum front yard
In accordance with section 3.1.4
f. minimum side yard
12.2m
g. minimum rear yard
12.2m
h. maximum lot coverage
50%
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i. maximum height
21m
j. maximum coverage by open parking areas,
driveways and vehicle movement areas
25% of the area of the lot
k. the following regulations shall apply to the
secondary commercial uses as provided for
in section 6.7.1 (1)(c).
i.
maximum commercial floor area per
building: 185.8m2
ii.
shall be located only on the first floor or
the basement
iii.
no curb service, drive-in service, take-out
service, or pick-up shall be permitted,
if such service comprises the primary
activity of the establishment
l. submission of a site plan as provided for in
section 2.11.5
6.8 Mini / Mobile Home Park (RP)
6.8.1 Permitted Uses
1. No person shall within a RP Zone, use any land or erect, alter or use any building or part thereof for
any purpose other than:
a. One or more of the following main uses:
i.
dwelling - mini-home
ii.
dwelling - mobile home
iii.
dwelling - modular home
iv.
mini-home and/or mobile home park, including an associated sales office
v.
park
vi.
tiny-home dwelling
b. One of the following secondary uses and then only in association with a dwelling - mini home,
dwelling - mobile home or dwelling modular:
i.
early learning and childcare home, subject to section 3.3.1
RP
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ii.
home business, subject to section 3.3.2
c. The following conditional uses provided herein subject to such terms and conditions as the PRAC
may impose:
i.
convenience store
6.8.2 Regulations
1. No person shall within a RP Zone, use any land or erect, alter or use any building or part thereof
except in accordance with the following regulations:
a. minimum lot width
i.
per site
15m
ii.
minimum lot width per site when unit
parallel to street
28m
b. minimum lot depth
i.
per site
35m
ii.
minimum lot width per site when unit
parallel to street
15m
c. minimum lot area
i.
per site
525m2
ii.
minimum lot width per site when unit
parallel to street
420m2
d. minimum front yard per site
6.0m
e. minimum side yard per site
2.4m
f. minimum rear yard per site
3.0m
g. maximum height per site
8.5m
h. maximum lot coverage per site
40%
2. Notwithstanding the requirements of the lot frontage, area and depth as provided for herein within
this zone, a lot within this zone which is not serviced by public water distribution and/or public
sewerage collection facilities may be developed subject to and as provided for in section 3.1.2.
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6.9 Mobile Home/Mini-Home (RM)
6.9.1 Permitted Uses
1. No person shall within a RM Zone, use any land or erect, alter or use any building or part thereof for
any purpose other than:
a. One of the following main uses:
i.
dwelling - mini-home
ii.
dwelling - mobile home
iii.
dwelling - modular
iv.
park
v.
single-unit dwelling
vi.
tiny-home dwelling
b. One of the following secondary uses and then only in association with a dwelling - mini home,
dwelling - mobile home, or dwelling - modular:
i.
accessory dwelling unit, subject to section 3.2.7
ii.
early learning and childcare home, subject to section 3.2.3
iii.
garden suite, subject to section 3.2.4
iv.
home-based tourist accommodation, subject to section 3.2.5
v.
home business, subject to section 3.2.2
c. One of the following secondary uses in association with a dwelling unit:
i.
backyard poultry coop, subject to section 3.2.1
6.9.2 Regulations
1. No person shall within a RM Zone, use any land or erect, alter or use any building or part thereof
except in accordance with the following regulations:
RM
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a. minimum lot frontage
18m
b. minimum lot depth
32m
c. minimum lot area
575m2
d. minimum front yard
In accordance with section 3.1.4
e. minimum side yard
2.4m
f. minimum rear yard
2.4m
g. maximum lot coverage
40%
h. maximum height
8.5m
i. minimum floor area/ dwelling unit
45m2
j. maximum coverage by open parking areas,
driveways and vehicle movement areas
25% of the area of the lot
2. Notwithstanding the requirements of lot frontage, area, and depth as provided for herein, within the
RM zone, a lot within this zone which is not serviced by public water distribution and/or sewerage
collection facilities may be developed subject to and as provided for in section 3.1.2.
6.10 Residential Retirement
Community (RR)
6.10.1 Permitted Uses
1. No person shall within a RR Zone, use any land or erect, alter or use any building or part thereof for
any purpose other than:
a. One or more of the following main uses:
i.
apartment dwelling, in compliance with R-4 regulations
ii.
assisted living facility, in compliance with R-4 regulations
iii.
associated administrative offices
iv.
clinic
v.
dwelling - mini-home
vi.
four-unit dwelling
vii.
park
viii.
rowhouse dwelling, subject to section 3.4.16
RR
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ix.
semi-detached dwelling, subject to section 3.4.16
x.
single-unit dwelling
xi.
three-unit dwelling
xii.
two-unit dwelling
b. One of the following secondary uses and then only in association with a dwelling unit:
i.
backyard poultry coop, subject to section 3.2.1
ii.
early learning and childcare home, subject to section 3.2.3
iii.
home-based tourist accommodation, subject to section 3.2.5
iv.
home business, subject to section 3.2.2
6.10.2 Regulations
1. No person shall within any RR Zone, use any land or erect, alter or use any building or part thereof
except in accordance with the following regulations:
a. minimum front yard in accordance with
section 3.1.4
b. minimum separation between main buildings 4.5m
c. submission of a site plan as provided for in
section 2.11.5
d. minimum separation distance between
accessory buildings
3.0m
e. accessory buildings are not to be located
between the front wall of the main building
and a public street
f. maximum combined floor area of all
accessory buildings associated with one main
building
55m2
g. maximum distance that a sundeck can project
from a rear wall of a main building
6.1m
h. minimum distance between a sundeck and:
i.
an encroachment projecting from
another main building; or
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ii.
the main wall of another main
building, where an "encroachment"
for the purposes of this regulation
is a described in section 3.1.16
Permitted Encroachments
3.0m
2. Notwithstanding the requirements of the lot frontage, area and depth as provided for herein within
this zone, a lot within this zone which is not serviced by public water distribution and/or public
sewerage collection facilities may be developed subject to and as provided for in section 3.1.2.
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SECTION 7: COMMERCIAL ZONES
* Denotes a permitted
secondary use
( ) Denotes a permitted
conditional use
Neighbourhood Commercial
General Commercial
Highway Commercial
Regional Commercial
Downtown District
Commercial Recreation
Adult Entertainment
NC
GC
HC
RC
DT
CR
AE
Accessory dwelling unit
NC*
DT*
Adult cabaret
AE
Adult massage parlour
AE
Adult retail outlet
AE
Amusement park
CR
Apartment dwelling containing not more than
24 dwelling units
GC
HC
Apartment dwelling
DT
Assembly hall
GC
HC
RC
DT
Automotive dealership
GC
HC
RC
Automotive wash
GC
HC
RC
Call centre
GC
HC
RC
DT
Campground
CR
Clinic
NC
GC
HC
RC
DT
Community placement residential facility
(NC)
GC
DT
Convenience store
NC
RC
DT
Cottage cluster development
CR
Distillery
GC
HC
RC
DT
Drive-thru business
HC
RC
Early learning and childcare centre
GC
HC
RC
DT
Early learning and childcare home
NC,
NC*
DT*
Fair ground or exhibition grounds
CR
Financial institution
GC
HC
RC
DT
Fitness centre
GC
HC
RC
DT
Funeral parlour
GC
HC
Garden centre
GC
HC
RC
DT
Garden suite
NC*
DT*
Gas bar
GC
HC
RC
DT
Golf course
CR
Golf driving range
CR
Home Business
NC*
DT*
Home-based tourist accommodation
NC*
DT*
Hotel or motel or inn
GC
HC
RC
DT
CR
Interpretive use
DT
CR
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* Denotes a permitted
secondary use
( ) Denotes a permitted
conditional use
Neighbourhood Commercial
General Commercial
Highway Commercial
Regional Commercial
Downtown District
Commercial Recreation
Adult Entertainment
NC
GC
HC
RC
DT
CR
AE
Library, museum or art gallery
GC
RC
DT
Licensed premises, excluding adult
entertainment
GC
HC
RC
DT
CR
AE
Marina
GC
DT
CR
Micro-brewery
GC
HC
RC
DT
Miniature golf course
HC
RC
CR
Mini-storage warehouse
HC
Motor vehicle repair establishment
GC
HC
RC
Museum
CR
Non-government office
GC
HC
RC
DT
Government office
DT
Outdoor display court
HC
RC
Park
NC
GC
HC
RC
DT
CR
Parking lot or parking garage
GC
RC
DT
Personal service shop
NC
GC
HC
RC
DT
Pharmacy
NC
GC
RC
DT
Place of entertainment, excluding adult
entertainment
GC
HC
RC
DT
CR
Police station, correctional facility, or fire hall
GC
HC
DT
Post office
NC
GC
HC
RC
DT
Print shop
GC
HC
RC
DT
Racetrack
(CR)
Recreational facility
GC
HC
RC
DT
CR
Religious institution
GC
HC
DT
Restaurant
HC
RC
CR
Restaurant, excluding a drive thru restaurant
GC
DT
Restaurant, excluding a drive thru, with a
maximum of 50 seats
NC
Retail store
GC
HC
RC
CR*
AE
Retail store for the sale and rental of
motorized vehicles and equipment
GC
Retail store, excluding a motor vehicle repair
establishment or a retail store for the sale of:
a. Farm supplies, grain and feed;
DT
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COMMERCIAL ZONES
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* Denotes a permitted
secondary use
( ) Denotes a permitted
conditional use
Neighbourhood Commercial
General Commercial
Highway Commercial
Regional Commercial
Downtown District
Commercial Recreation
Adult Entertainment
NC
GC
HC
RC
DT
CR
AE
b. Motor vehicles, farm equipment, construction
equipment or other heavy equipment sales or
service establishment; and
c. boats, trailers, travel trailers, mobile homes
and mini homes
Retail store, including an outdoor display court,
for the sale or rental of;
a. Building products, contractor supplies and
equipment
b. Motorized vehicles and equipment
c. Motor vehicle parts
d. Boats, trailers, travel trailers, modular
homes, mobile homes and mini homes
HC
Row house dwelling containing not more than
16 dwelling units
GC
HC
DT
School or other training facility
GC
RC
DT
Service repair shop
NC
GC
HC
RC
DT
Single-unit dwelling
NC
GC
HC
DT
Studio or craft workshop
GC
DT
Taxi stand
GC
HC
RC
DT
Television and/or radio studios
GC
HC
DT
Tourist information centre
GC
HC
DT
CR
Transportation depot
HC
Two-unit dwelling
NC
DT
Use permitted in the IN zone
DT
Veterinary clinic
GC
HC
RC
DT
Warehouse
HC
Warehousing and distribution centre
HC
Wholesale establishment
HC
RC
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COMMERCIAL ZONES
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7.1 Neighbourhood Commercial (NC)
7.1.1 Permitted Uses
1. No person shall within a NC Zone use any land or erect, alter or use any building or part thereof for
any purpose other than:
a. One or more of the following main uses:
i.
clinic
ii.
convenience store
iii.
early learning and childcare home
iv.
licensed premises
v.
park
vi.
personal service shop
vii.
pharmacy
viii.
post-office
ix.
restaurant, excluding a drive thru, with a maximum of 50 seats
x.
service repair shop
xi.
single-unit dwelling
xii.
two-unit dwelling
b. One of the following secondary uses and then only in association with a dwelling unit:
i.
accessory dwelling unit, subject to section 3.2.7
ii.
early learning and childcare home, subject to section 3.2.3
iii.
garden suite, subject to section 3.2.4
iv.
home-based tourist accommodation, subject to section 3.2.5
c. One of the following secondary uses in association with a dwelling unit:
NC
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COMMERCIAL ZONES
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i.
home business, subject to section 3.2.2
d. One of the following conditional uses provided herein subject to such terms and conditions as the
PRAC may impose:
i.
community placement residential facility, subject to section 3..1
7.1.2 Regulations
1. No person shall within a NC Zone use any land or erect, alter or use any building or part thereof
except in accordance with the following regulations;
a. minimum lot frontage
30m
b. minimum lot depth
30m
c. minimum lot area
900m2
d. maximum lot coverage
40%
e. minimum front yard
In accordance with section 3.1.4
f. minimum rear yard
9.1m
g. minimum side yard
6.1m
h. minimum floor area per dwelling unit
55.7m2
i. maximum floor area for non-residential uses
185.8m2
j. minimum landscaped open space
10% of lot area
k. maximum height
8.5m
l. there shall be no outside storage or display
of merchandise
m. no curb service, drive-in service, take-out
service or pick-up service shall be permitted
if such service comprises the primary activity
of the establishment
n. landscaped open space of a minimum of
1.5m shall be provided and maintained
along all lot lines provided that such open
space may be interrupted by driveways.
2. Notwithstanding the requirements of lot frontage, area, and depth as provided for herein within the
NC zone, a lot within this zone which is not serviced by public water distribution and/or sewerage
collection facilities may be developed subject to and as provided for in section 3.1.2.
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COMMERCIAL ZONES
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GC
7.2 General Commercial (GC)
7.2.1 Permitted Uses
1. No person shall within a GC Zone use any land or erect, alter or use any building or part thereof for
any purpose other than:
a. One or more of the following uses:
i.
apartment dwelling containing not more than 24 dwelling units as per section 7.2.2(2)
ii.
assembly hall
iii.
automotive dealership
iv.
automotive wash
v.
call centre
vi.
clinic
vii.
communication use
viii.
community placement residential facility
ix.
distillery
x.
early learning and childcare centre
xi.
financial institution
xii.
fitness centre
xiii.
funeral parlour
xiv.
gas bar
xv.
garden centre, subject to section 3.4.15
xvi.
hotel or motel or inn
xvii.
library, museum, or art gallery
xviii.
licensed premises, excluding adult entertainment
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COMMERCIAL ZONES
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xix.
marina
xx.
micro-brewery
xxi.
motor vehicle repair establishment
xxii.
non-government office
xxiii.
park
xxiv.
parking lot or parking garage
xxv.
personal service shop
xxvi.
pharmacy
xxvii. place of entertainment, excluding adult entertainment
xxviii. police station, correctional facility, or fire hall
xxix. post office
xxx.
print shop
xxxi. recreational facility
xxxii. religious institution
xxxiii. restaurant, excluding drive thru restaurant
xxxiv. retail store
xxxv. retail store for the sale and rental of motorized vehicles and equipment
xxxvi. row house dwelling containing not more than 16 dwelling units as per section 7.2.2(2) and
subject to section 3.4.16
xxxvii. school or other training facility
xxxviii. service repair shop
xxxix. single-unit dwelling
xl.
studio or craft workshop
xli.
taxi stand
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COMMERCIAL ZONES
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xlii.
television and/or radio studios
xliii.
tourist information centre
xliv.
veterinary clinic
7.2.2 Regulations
1. Except as provided in section 7.2.2 (3), no person shall within an GC Zone use any land or erect, alter
or use any building or part thereof except in accordance with the following regulations:
a. minimum lot frontage
15m
b. minimum lot depth
15m
c. minimum lot area
450m2
d. maximum lot coverage
50%
e. minimum front yard
In accordance with section 3.1.4
f. minimum side yard
6.1m
g. minimum rear yard
6.1m
h. minimum landscaped open space
10% of lot area
i. maximum height
15m
j. outside storage or display of merchandise is
permitted provided there is no displacement
of required landscaping, parking, loading
areas, driveways or fire lanes
k. screening shall be provided and maintained
along a lot line abutting a Community Use,
Residential zone or existing residential use
l. landscaped open space of a minimum width
of 3.0m shall be provided and maintained
along a lot line abutting a Community Use,
Residential, or a Rural (RU) zone or existing
residential use
m. landscaped open space of a minimum of
1.5m shall be provided and maintained
along all other lot lines provided that
such open space may be interrupted by
driveways
n. submission of a site plan as provided for in
section 2.11.5
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COMMERCIAL ZONES
CITY OF MIRAMICHI ZONING BY-LAW
2. No person shall within a GC Zone use any land or erect, alter or use any building or part thereof for
a permitted residential use except in accordance with the following regulations:
a. minimum lot area
555m2
b. minimum lot area/ dwelling unit (new lots)
185m2
c. minimum lot frontage
30m
d. minimum lot depth
30m
e. minimum side yard
6.1m
f. minimum rear yard
6.1m
g. maximum lot coverage
40%
h. maximum height
17m
i. maximum coverage by open parking areas,
driveways and vehicle movement areas
25%
j. landscaped open space of a minimum of
1.5m shall be provided and maintained
along all lot lines provided that such open
space may be interrupted by driveways
k. submission of a site plan as provided for in
section 2.11.5
3. Notwithstanding the requirements of lot frontage, area, and depth as provided for herein within the
GC zone, a lot within this zone which is not serviced by public water distribution and/or sewerage
collection facilities may be developed subject to and as provided for in section 3.1.2.
7.3 Highway Commercial (HC)
7.3.1 Permitted Uses
1. No person shall within a HC Zone use any land or erect, alter or use any building or part thereof for
any purpose other than:
a. One or more of the following uses:
i.
apartment dwelling containing not more than 24 dwelling units as per section 7.3.2(2)
ii.
assembly hall
iii.
automotive dealership
iv.
automotive wash
HC
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COMMERCIAL ZONES
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v.
call centre
vi.
clinic
vii.
distillery
viii.
drive -thru business
ix.
early learning and childcare centre
x.
financial institution
xi.
fitness centre
xii.
funeral parlour
xiii.
garden centre, subject to section 3.4.15
xiv.
gas bar
xv.
hotel, motel, or inn
xvi.
licensed premises, excluding adult entertainment use
xvii.
micro-brewery
xviii.
miniature golf course
xix.
mini-storage warehouse, subject to section 3.4.3
xx.
motor vehicle repair establishment
xxi.
non-government office
xxii.
outdoor display court
xxiii.
park
xxiv.
personal service shop
xxv.
place of entertainment, excluding adult entertainment
xxvi.
police station, correctional facility, or fire hall
xxvii. post office
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COMMERCIAL ZONES
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xxviii. print shop
xxix. recreational facility
xxx.
religious institution
xxxi. restaurant
xxxii. retail store, including an outdoor display court, for the sale or rental of;
a.
building products, contractor supplies and equipment
b.
motorized vehicles and equipment
c.
motor vehicle parts
d.
boats, trailers, travel trailers, modular homes, mobile homes and mini homes
xxxiii. retail store
xxxiv. row house dwelling containing not more than 16 dwelling units as per section 7.3.2(2) and
subject to section 3.4.16
xxxv. service repair shop
xxxvi. single-unit dwelling
xxxvii. taxi stand
xxxviii. television and/or radio studios
xxxix. tourist information centre
xl.
transportation depot
xli.
veterinary clinic
xlii.
warehouse
xliii.
warehousing and distribution centre
xliv.
wholesale establishment
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COMMERCIAL ZONES
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7.3.2 Regulations
1. Except as provided in section 7.3.2 (3), no person shall within a HC Zone use any land or erect, alter
or use any building or part thereof except in accordance with the following regulations:
a. minimum lot frontage
46m
b. minimum lot depth
46m
c. minimum lot area
2,116m2
d. maximum lot coverage
50%
e. minimum front yard
In accordance with section 3.1.4
f. minimum side yard
6.1m
g. minimum rear yard
6.1m
h. maximum height
12.2m
i. landscaped open space of a minimum width
of 6.1m shall be provided and maintained
along a lot line abutting any Community Use,
Residential, and a Rural (RU) zone or existing
residential use
j. landscaped open space of a minimum width
of 3.0m shall be provided and maintained
along all other lot lines provided such open
space may be interrupted by driveways
k. screening shall be provided and maintained
along a lot line abutting a Community Use,
Residential, or Rural (RU) zone or existing
residential use
l. outside storage or display of merchandise is
permitted provided there is no displacement
of required landscaping, parking, loading
areas, driveways or fire lanes
m. submission of a site plan as provided for in
section 2.11.5
2. No person shall within a HC Zone use any land or erect, alter or use any building or part thereof for
a permitted residential use except in accordance with the following regulations:
a. minimum lot area
2,116m2
b. minimum lot area/ dwelling unit (new lots)
185m2
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COMMERCIAL ZONES
CITY OF MIRAMICHI ZONING BY-LAW
c. minimum lot frontage
30m
d. minimum lot depth
30m
e. minimum front yard
In accordance with section 3.1.4
f. minimum side yard
6.1m
g. minimum rear yard
6.1m
h. maximum lot coverage
40%
i. maximum height
17m
j. maximum coverage by open parking areas,
driveways and vehicle movement areas
25% of the lot area
k. landscaped open space of a minimum width
of 3.0m shall be provided and maintained
along all lot lines provided such open space
may be interrupted by driveways
l. submission of a site plan as provided for in
section 2.11.5
3. Notwithstanding the requirements of lot frontage, area, and depth as provided for herein within the
HC zone, a lot within this zone which is not serviced by public water distribution and/or sewerage
collection facilities may be developed subject to and as provided for in section 3.1.2.
7.4 Regional Commercial (RC)
7.4.1 Permitted Uses
1. No person shall within a RC Zone use any land or erect, alter or use any building or part thereof for
any purpose other than:
a. One or more of the following uses:
i.
assembly hall
ii.
automotive dealership
iii.
automotive wash
iv.
call centre
v.
clinic
vi.
convenience store
RC
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COMMERCIAL ZONES
CITY OF MIRAMICHI ZONING BY-LAW
vii.
distillery
viii.
drive-thru business
ix.
early learning and childcare centre
x.
financial institution
xi.
fitness centre
xii.
garden centre, subject to section 3.4.15
xiii.
gas bar
xiv.
hotel, motel, or inn
xv.
library, museum, or art gallery
xvi.
licensed premises, excluding adult entertainment
xvii.
micro-brewery
xviii.
miniature golf course
xix.
motor vehicle repair establishment
xx.
non-government office
xxi.
outdoor display court
xxii.
park
xxiii.
parking lot or parking garage
xxiv.
personal service shop
xxv.
pharmacy
xxvi.
place of entertainment, excluding adult entertainment
xxvii. post office
xxviii. print shop
xxix. recreation facility
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COMMERCIAL ZONES
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xxx.
restaurant
xxxi. retail store
xxxii. school or other training facility
xxxiii. service repair shop
xxxiv. shopping centre
xxxv. taxi stand
xxxvi. veterinary clinic
xxxvii. wholesale establishment
7.4.2 Regulations
1. No person shall within a RC Zone use any land or erect, alter or use any building or part thereof
except in accordance with the following regulations;
a. minimum lot frontage
91.5m
b. minimum lot depth
91.5m
c. minimum lot area
9,290m2
d. maximum lot coverage
50%
e. minimum front yard
In accordance with section 3.1.4
f. minimum side yard
12.2m
g. minimum rear yard
12.2m
h. minimum landscaped open space
15% of lot area
i. maximum height
18m
j. outside storage or display of merchandise is
permitted provided there is no displacement
of required landscaping, parking, loading
areas, driveways or fire lanes
k. landscaped open space, of a minimum of
6.1m shall be provided and maintained
along a lot line abutting a Residential,
Community Use, or Rural (RU) zone
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COMMERCIAL ZONES
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l. landscaped open space of a minimum of
3.0m shall be provided and maintained
along all other lot lines provided that
such open space may be interrupted by
driveways
m. submission of a site plan as provided for in
section 2.11.5
2. Notwithstanding section 7.4.2(1), no person shall within the RC zone use any land or erect, alter or use
any building or part thereof for the purposes of an out-pad, stand alone development where there
are multiple commercial main buildings on a lot, except in accordance with the following regulations:
a. maximum building size
1,058m2
b. minimum lot frontage where a lot abuts and
has access to a public road
46m
c. minimum lot depth
46m
d. minimum lot area
2,116m2
e. maximum lot coverage
50%
f. minimum front yard
In accordance with section 3.1.4
g. minimum side yard
6.1m
h. minimum rear yard
6.1m
i. maximum height
12.0m
j. landscaped open space of a minimum width
of 6.1m shall be provided and maintained
along a lot line abutting a Community Use,
Residential, or Rural (RU) zone or existing
residential use
k. landscaped open space of a minimum width
of 1.5m shall be provided and maintained
along all other lot lines, except where the
lot abuts a property zoned RC, the minimum
width of landscaped open space shall be
1.5m, provided such open space may be
interrupted by driveways
l. screening shall be provided and maintained
along a lot line abutting a Community Use,
Residential or Rural (RU) zone or existing
residential use
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COMMERCIAL ZONES
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m. outside storage or display of merchandise is
permitted provided there is no displacement
of required landscaping, parking, loading
areas, driveways or fire lanes
n. submission of a site plan as provided for in
section 2.11.5
3. Notwithstanding the requirements of the lot frontage, area and depth as provided for herein within
this zone, a lot within this zone which is not serviced by public water distribution and/or public
sewerage collection facilities may be developed subject to and as provided for in section 3.1.2.
7.5 Downtown District (DT)
7.5.1 Permitted Uses
1. No person shall within a DT Zone use any land or erect, alter or use any building or part thereof for
any purpose other than:
a. One or more of the following main uses:
i.
apartment dwelling
ii.
assembly hall
iii.
call centre
iv.
clinic
v.
communication use
vi.
community placement residential facility
vii.
convenience store
viii.
distillery
ix.
early learning and childcare centre
x.
financial institution
xi.
fitness centre
xii.
garden centre, subject to section 3.4.15
DT
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COMMERCIAL ZONES
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xiii.
government office
xiv.
hotel, motel, or inn
xv.
interpretive use
xvi.
library, museum, or art gallery
xvii.
licensed premises, excluding adult entertainment
xviii.
marina
xix.
micro-brewery
xx.
non-government office
xxi.
park
xxii.
parking lot or parking garage
xxiii.
personal service shop
xxiv.
pharmacy
xxv.
place of entertainment, excluding adult entertainment
xxvi.
police station, correctional facility, or fire hall
xxvii. post office
xxviii. print shop
xxix. recreational facility
xxx.
religious institution
xxxi. restaurant, excluding a drive thru restaurant
xxxii. retail store, excluding a motor vehicle repair establishment or a retail store for the sale of:
a.
farm supplies, grain, and feed;
b.
motor vehicles, farm equipment, construction equipment or other heavy equipment
sales or service establishment; and,
c.
boats, trailers, travel trailers, mobile homes, and mini-homes
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COMMERCIAL ZONES
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xxxiii. row house dwelling containing not more than 16 dwelling units, subject to section 3.4.16
xxxiv. school or other training facility
xxxv. service repair shop
xxxvi. single-unit dwelling
xxxvii. studio or craft workshop
xxxviii. taxi stand
xxxix. television and/or radio studios
xl.
tourist information centre
xli.
two-unit dwelling
xlii.
uses permitted in the IN zone
b. One of the following secondary uses and then only in association with a dwelling unit:
i.
accessory dwelling unit, subject to 3.2.7
ii.
early learning and childcare home, subject to section 3.2.3
iii.
garden suite, subject to section 3.2.4
iv.
home-based tourist accommodation, subject to section 3.2.5
c. One of the following secondary uses in association with a dwelling unit:
i.
home business, subject to section 3.2.2
7.5.2 Regulations
1. No person shall within a DT Zone use any land or erect, alter or use any building or part thereof
except in accordance with the following regulations:
a. maximum height
17m
b. submission of a site plan as provided for in
2.11.5
2. A building or structure in the DT Zone on a lot abutting:
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COMMERCIAL ZONES
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CR
a. A street that abuts the Town Square in Miramichi West; or,
b) Water Street (between the intersection of Water/Duke Street and Water/King Street) in
Miramichi East
shall have a minimum height of 7m and no fewer than two full stories at the property line abutting the
streetline.
7.6 Commercial Recreation (CR)
7.6.1 Permitted Uses
1. No person shall, within a CR Zone use any land or erect, alter or use any building or part thereof for
any purpose other than:
a. One or more of the following main uses:
i.
amusement park
ii.
campground
iii.
cottage cluster development
iv.
fair ground or exhibition grounds
v.
golf course
vi.
golf driving range
vii.
hotel or motel or inn
viii.
interpretive use
ix.
licensed premises, excluding adult entertainment
x.
marina
xi.
miniature golf course
xii.
museum
xiii.
park
xiv.
place of entertainment, excluding adult entertainment
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COMMERCIAL ZONES
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xv.
recreational facility
xvi.
restaurant
xvii.
tourist information centre
b. One of the following secondary uses:
i.
retail store
c. One of the following conditional uses provided herein subject to such terms and conditions as the
PRAC may impose:
i.
racetrack
7.6.2 Regulations
1. No person shall, within any CR Zone use any land or erect, alter or use any building or part thereof
except in accordance with the following regulations:
a. minimum lot area
4,000m2
b. minimum lot frontage
46m
c. minimum front yard
In accordance with section 3.1.4
d. minimum side yard
10m
e. minimum rear yard
10m
f. maximum lot coverage
50%
g. maximum height
15m
h. screening shall be provided and maintained
along a lot line abutting a Community Use,
Residential, or Rural (RU) zone or existing
residential use
i. landscaped open space 3m along all
property lines
j. submission of a site plan as provided for in
section 2.11.5
2. Notwithstanding the requirements of lot frontage, area, and depth as provided for herein, a lot within
the CR zone, which is not serviced by public water distribution and/or sewerage collection facilities
may be developed subject to and as provided for in section 3.1.2.
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COMMERCIAL ZONES
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7.7 Adult Entertainment (AE)
7.7.1 Permitted Uses
1. No person shall within an AE Zone, use any land or erect, alter or use any building or part thereof for
any purpose other than:
a. One or more of the following main uses:
i.
adult cabaret
ii.
adult massage parlour
iii.
adult retail outlet
iv.
licensed premises
7.7.2 Regulations
1. As provided for in section 53 (4) of the NB Community Planning Act, the uses permitted in section
7.7.1, are subject to terms and conditions which may be imposed by the PRAC to protect the
properties within the zone or in abutting zones, for the health, safety, and welfare of the general
public.
2. No person shall within an AE Zone use any land or erect, alter or use any building or part thereof
except in accordance with the following regulations:
a. minimum lot area
900m²
b. minimum lot frontage
30m
c. minimum front yard
In accordance with section 3.1.4
d. minimum side yard
6.1m
e. minimum rear yard
6.1m
f. maximum height
15m
g. submission of a site plan as provided for in
section 2.11.5
3. No person shall establish an adult entertainment use closer than 500m from the nearest lot line of any
use listed in section 7.7.1, and to the nearest lot line of any of the following:
a. another adult entertainment use
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COMMERCIAL ZONES
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b. Residential zone
c. existing residential use
d. community use or
e. park or other recreational facility
THIS PAGE IS INTENTIONALLY LEFT BLANK
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INDUSTRIAL ZONES
CITY OF MIRAMICHI ZONING BY-LAW
SECTION 8: INDUSTRIAL ZONES
* Denotes a permitted
secondary use
( ) Denotes a permitted
conditional use
Business / Light Industrial
Heavy Industrial
Airport-Compatible Business
BLI
HI
ACB
Abattoir
HI
Active park
ACB
Agricultural operation, excluding the raising
of swine and or poultry
ACB
Airport, terminal, runway and associated uses
ACB
Asphalt plant
HI
Assembly hall
ACB
Automotive wash
BLI
Building products establishment
BLI
Call centre
BLI
ACB
Cannabis production facility
BLI
HI
ACB
Composting - waste
HI
ACB
Concrete batching plant
BLI
HI
ACB
Construction industry
BLI
HI
ACB
Correctional facility
ACB
Distillery
BLI
ACB
Dormitory
ACB
Early learning and childcare centre
ACB
Farm equipment, supplies, grain and feed,
construction equipment or other heavy
equipment sales and service establishment
BLI
ACB
Feedmill or flour mill
BLI
Fitness centre
ACB
Foundry, kiln or forge
HI
Furniture refinishing, woodworking or
upholstery shop
BLI
Garden nursery including greenhouses
ACB
Greenhouse
BLI
Kennel
BLI
Landfill facility
HI
Manufacturing facility
BLI
HI
ACB
Micro-brewery
BLI
ACB
Mini-storage warehouse
BLI
ACB
Motor vehicle repair establishment
BLI
ACB
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* Denotes a permitted
secondary use
( ) Denotes a permitted
conditional use
Business / Light Industrial
Heavy Industrial
Airport-Compatible Business
BLI
HI
ACB
Office
BLI
ACB
Outdoor display court
BLI
ACB
Outdoor storage facility
HI
Outdoor storage, associated with a main use
BLI
Passive park
ACB
Petroleum, gas, or volatile liquid refinery and
including bulk storage facility
HI
Power generation plant
HI
Processing plant
BLI
ACB
Pulp mill or paper mill
HI
Racetrack
ACB
Rail yard
HI
Recycling depot
BLI
HI
ACB
Research facility
BLI
ACB
Restaurant
BLI
ACB
Salvage yard
HI
Saw mill or wood products plant
HI
School or other training facility
BLI
ACB
Service club and social club facilities and
operations
ACB
Soil remediation facility
HI
Solid waste management facility
BLI
HI
ACB
Transportation and distribution terminal
BLI
ACB
Transportation depot
BLI
ACB
Truck or heavy equipment maintenance yard
BLI
ACB
Use permitted in the IN zone
ACB
Use permitted in the HC zone excluding
residential uses, hotels, motels, or inns
BLI
ACB
Veterinary clinic
BLI
Warehouse, including associated retail sales
BLI
Waste composting facility
HI
Wharf
HI
Wholesale establishment
BLI
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8.1 Business Light Industrial (BLI)
8.1.1 Permitted Uses
1. No person shall within any BLI Zone use any land or erect, alter or use any building or part thereof
for any purpose other than:
a. One or more of the following main uses:
i.
automotive wash
ii.
building products establishment
iii.
call centre
iv.
cannabis production facility
v.
concrete batching plant
vi.
construction industry
vii.
distillery
viii.
farm equipment, supplies, grain and feed, construction equipment or other heavy
equipment sales and service establishment
ix.
feedmill or flour mill
x.
furniture refinishing, woodworking or upholstery shop
xi.
greenhouse
xii.
kennel
xiii.
manufacturing facility
xiv.
micro-brewery
xv.
mini-storage warehouse, subject to section 3.4.3
xvi.
motor vehicle repair establishment
xvii.
office
BLI
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xviii.
outdoor display court
xix.
outdoor storage, associated with a main use
xx.
processing plant
xxi.
recycling depot
xxii.
research facility
xxiii.
restaurant
xxiv.
school or other training facility
xxv.
solid waste management facility
xxvi.
transportation and distribution terminal
xxvii. transportation depot
xxviii. truck or heavy equipment maintenance yard
xxix. use permitted in the HC zone excluding residential uses, hotels, motels, or inns
xxx.
veterinary clinic
xxxi. warehouse, including associated retail sales
xxxii. wholesale establishment
8.1.2 Regulations
1. No person shall within a BLI Zone use any land or erect, alter or use any building or part thereof
except in accordance with the following regulations:
a. minimum lot frontage
30m
b. minimum lot depth
30m
c. minimum lot area
900m2
d. maximum lot coverage
50%
e. minimum front yard
In accordance with section 3.1.4
f. minimum side yard where lot abuts a
residential zone
9.2m
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g. minimum rear yard where lot abuts a
Residential zone
9.2m
h. minimum side yard where lot does not abuts
a Residential zone
6.1m
i. minimum rear yard where lot does not abut a
Residential zone
6.1m
j. maximum height
15m
k. landscaped open space of a minimum width
of 9.2m shall be provided and maintained
along a lot line abutting a Residential,
Community Use or Rural (RU) zone.
l. landscaped open space of a minimum width
of 3.0m shall be provided and maintained
along all other lot lines, provided such
space may be interrupted by driveways and
railways.
m. screening shall be provided and maintained
along a lot line abutting a Residential,
Community Use, or Rural (RU) zone or an
existing residential use.
n. submission of a site plan as provided for in
section 2.11.5
2. Notwithstanding the requirements of the lot frontage, area and depth as provided for herein within
this zone, a lot within this zone which is not serviced by public water distribution and/or public
sewerage collection facilities may be developed subject to and as provided for in section 3.1.2.
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8.2 Heavy Industrial (HI)
8.2.1 Permitted Uses
1. No person shall within any HI Zone use any land or erect, alter or use any building or part thereof for
any purpose other than:
a. One or more of the following main uses:
i.
abattoir
ii.
asphalt plant
iii.
cannabis production facility
iv.
composting - waste
v.
concrete batching plant
vi.
construction industry
vii.
foundry, kiln, or forge
viii.
landfill facility
ix.
manufacturing facility
x.
outdoor storage facility
xi.
petroleum, gas, or volatile liquid refinery and including bulk storage facility
xii.
power generation plant
xiii.
pulp mill or paper mill
xiv.
rail yard
xv.
recycling depot
xvi.
salvage yard
xvii.
saw mill or wood products plant
xviii.
soil remediation facility
HI
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xix.
solid waste management facility
xx.
waste composting facility
xxi.
wharf
8.2.2 Regulations
1. No person shall within a HI Zone use any land or erect, alter or use any building or part thereof
except in accordance with the following regulations:
a. minimum lot frontage
61m
b. minimum lot depth
61m
c. minimum lot area
0.81 ha.
d. maximum height
18m
e. minimum front yard
In accordance with Section 3.1.4
f. minimum side yard where lot abuts a
Residential, Community Use or Rural (RU)
zone
30.5m
g. minimum rear yard where lot abuts a
Residential, Community Use or Rural (RU)
zone
30.5m
h. minimum side yard where lot does not abut
a Residential, Community Use or Rural (RU)
zone
15.2m
i. minimum rear yard where lot does not abut
a Residential Community Use, or Rural (RU)
zone
15.2m
j. landscaped open space of a minimum width
of 30.5m shall be provided and maintained
along a lot line abutting a Residential,
Community Use, or Rural (RU) zone
k. landscaped open space of a minimum width
of 15.2m shall be provided and maintained
along all other lot lines, provided such
space may be interrupted by driveways and
railways
l. screening shall be provided and maintained
along a lot line abutting a Residential or
Rural (RU) zone
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m. submission of a site plan as provided for in
section 2.11.5
2. Notwithstanding the requirements of the lot frontage, area and depth as provided for herein within
this zone, a lot within this zone which is not serviced by public water distribution and/or public
sewerage collection facilities may be developed subject to and as provided for in section 3.1.2
8.3 Airport-Compatible Business (ACB)
8.3.1 Permitted Uses
1. No person shall within an ACB Zone, use any land or erect, alter or use any building or part thereof
for any purpose other than:
a. One or more of the following main uses:
i.
active park
ii.
agricultural operation, excluding the raising of swine and or poultry
iii.
airport, terminal, runway, and associated uses
iv.
assembly hall
v.
call centre
vi.
cannabis production facility
vii.
composting - waste
viii.
concrete batching plant
ix.
construction industry
x.
correctional facility
xi.
distillery
xii.
dormitory
xiii.
early learning and childcare centre
ACB
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xiv.
farm equipment, supplies, grain and feed, construction equipment or other heavy
equipment sales and service establishment
xv.
fitness centre
xvi.
garden nursery including greenhouses
xvii.
manufacturing facility
xviii.
micro-brewery
xix.
mini-storage warehouse, subject to section 3.4.3
xx.
motor vehicle repair establishment
xxi.
office
xxii.
outdoor display court
xxiii.
passive park
xxiv.
processing plant
xxv.
racetrack
xxvi.
recycling depot
xxvii. research facility
xxviii. restaurant
xxix. school or other training facility
xxx.
service club and social club facilities and operations
xxxi. solid waste management facility
xxxii. transportation and distribution terminal
xxxiii. transportation depot
xxxiv. truck or heavy equipment maintenance yard
xxxv. use permitted in the HC zone, excluding residential uses, hotels, motels, or inns
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xxxvi. use permitted in the IN zone
8.3.2 Regulations
1. Notwithstanding section 8.3.2 (3), no person shall within an ACB Zone use or occupy any existing
building or structure or part thereof except in accordance with the following regulations:
a. minimum lot area
900m2
b. minimum lot frontage
9.2m
c. maximum height
15m
d. minimum separation from other buildings and
structures
6.5m
e. 10% of the lot shall be developed as
landscaped open space.
2. Any development or redevelopment proposing direct access to Highway 11, shall provide a frontage
of 46m, be subject to a 15.24m setback from the streetline and the location of any such access be
located to the satisfaction of the Development Officer, upon the advice of the City.
3. Any new development shall be in accordance with the following:
a. minimum lot area
900m2
b. minimum lot frontage
30m
c. minimum lot depth
30m
d. minimum front yard
In accordance with section 3.1.4
e. minimum side yard
6.1m
f. minimum rear yard
6.1m
g. maximum height
15m
h. minimum lot area
900m2
4. Submission of a site plan as provided for in section 2.11.5.
5. Screening shall be provided and maintained along a lot line abutting a Residential or Rural (RU) zone
or existing residential use.
6. Notwithstanding the requirements of lot frontage and area as provided for herein, a lot within the
ACB zone which is not serviced by public water distribution and/or sewerage collection facilities may
be developed subject to and as provided for in section 3.1.2.
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SECTION 9: ENVIRONMENTAL ZONES
9.1 Flood Overlay (FO)
9.1.1 Permitted Uses
1. No person shall within a FO Zone use any land or erect, alter or use any building or part thereof for
any purpose other than:
a. Permitted uses in the underlying zone apply with exception to the following:
i.
hospitals, assisted living facilities, and community placement residential facilities where
flooding could pose a significant threat to the safety of residents if evacuation becomes
necessary; and,
ii.
any use associated with the warehousing or the production of hazardous material.
b. Uses deemed to be part of an approved Secondary Plan.
9.1.2 Regulations
1. No person shall within a FO Zone use any land or erect, alter, or use any building or part thereof
except in accordance with the following regulations:
a. All habitable rooms in a new building shall be floodproofed to the 4.6m geodetic (CGVD28)
elevation. When to the mutual satisfaction of the Development Officer and City Engineer,
floodproofing may include constructing a dike or berm so that the site is designed to avoid
floodwater inundation.
b. In the case of an existing building, the building may be expanded without floodproofing if:
i.
It does not reduce the existing elevation of the building; and,
ii.
It does not increase the non-floodproofed habitable portion of the building by the lesser
of 25% or 23.22m2 (a larger non-floodproofed expansion necessitates floodproofing).
c. As a condition of Development Permit approval, all new and existing buildings that require flood
proofing to the 4.6m geodetic (CGVD28) elevation shall be required to submit:
FO
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i.
A plan demonstrating the elevation of the habitable part of the building and
floodproofing of all applicable electrical, mechanical, and plumbing by design or
elevation.
ii.
A flood protection commitment letter. A flood protection commitment letter means a
letter stamped by a Qualified Professional and submitted with a Development Permit
application that details which design measures are to be taken to ensure the proposed
building complies with section 9.1.2(1)(a) of this By-law.
d. Notwithstanding (c), all Development Permit applications, regardless of the requirement for
floodproofing, shall be accompanied by a disclaimer (Schedule 3) signed by the Property Owner
acknowledging the risks associated with development in the Flood Overlay (FO) Zone.
e. If there is a conflict between the Flood Overlay (FO) Zone and the underlying zone, the Flood
Overlay takes precedence.
f. If it can it can be demonstrated through ground-truthing by a Licensed Land Surveyor that the
Flood Overlay (FO) Zone as demonstrated on the Schedule A: Zoning Map is inaccurate, the
delineation by the Licensed Land Surveyor shall apply.
9.2 Watercourse and Wetland Overlay
(WW)
The Province, through the Department of Environment and Local Government and under the Clean Water Act, has
a Watercourse and Wetland Alteration Regulation. The Regulation applies to all watercourses and wetlands in
the City of Miramichi, including the Miramichi River in the section upstream from the Morrissy Bridge.
9.2.1 Permitted Uses
1. No person shall within a WW Overlay Zone use any land or erect, alter, or use any building or part
thereof for any purpose other than permitted uses in the underlying zone.
9.2.2 Regulations
1. The Development Officer shall refer any Development Permit application within a WW Zone to the
Provincial Department of Environment and Local Government for review and approval under the
Watercourse and Wetland Alteration Regulation before being considered.
2. As a condition of Development Permit approval, the Applicant must submit, to the satisfaction of
the Development Officer, a copy of a Watercourse and Wetland Alteration (WAWA) Permit or
exemption.
WW
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9.3 Conservation Area (CA)
9.3.1 Permitted Uses
1. No person shall within a CA Zone use any land or erect, alter or use any building or part thereof for
any purpose other than:
a. One or more of the following main uses:
i.
interpretive uses, excluding buildings
ii.
passive park, including a linear park
9.3.2 Regulations
1. No person shall within a CA Zone use any land or erect, alter or use any building or part thereof
except in accordance with the following regulations:
a. minimum front yard
In accordance with Section 3.1.4
b. minimum side yard
6.1m
c. minimum rear yard
6.1m
d. maximum height
8.5m
2. Notwithstanding the requirements of lot frontage, area, and depth as provided for herein within the
CA zone, a lot within this zone which is not serviced by public water distribution and/or sewerage
collection facilities may be developed subject to and as provided for in Subsection 3.1.2.
CA
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SECTION 10: COMMUNITY USE AND
RECREATION ZONES
* Denotes a permitted
secondary use
( ) Denotes a permitted
conditional use
Institutional
University and Community College
Active Recreation
Passive Recreation / Greenspace
Mixed Use
Utility and Service
IN
UC
AR
PR
MU
US
Active park
IN
UC
Active recreation facility and uses
AR
Assembly hall
IN
Assisted living facility
IN
Cemetery, including a crematorium
IN
Clinic
IN
Community college
UC
Community placement residential facility
IN
Convenience store
UC*
Craft workshop
IN
Distillery
MU
Dormitory
UC
Early learning and childcare centre
IN
UC*
Financial institution
UC*
Fitness centre
IN
Golf course
AR
Golf driving range and practice facility
AR
Home business
MU*
Hospital
IN
Hotel, motel, or inn
MU
Interpretive use
AR
PR
Interpretive uses, excluding buildings
Library, museum, art gallery or cultural
centre
IN
Licensed premises, excluding adult
entertainment
IN*
UC*
AR*
Linear park or trail
PR
Main uses permitted in the IN zone
MU
Main use permitted in the R-2 zone
MU
Main use permitted in the R-3 zone
MU
Main uses permitted in the R-4 zone
MU
Main uses permitted in the R-5 zone
MU
Main uses permitted in the R-6 zone
MU
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* Denotes a permitted
secondary use
( ) Denotes a permitted
conditional use
Institutional
University and Community College
Active Recreation
Passive Recreation / Greenspace
Mixed Use
Utility and Service
IN
UC
AR
PR
MU
US
Microbrewery
MU
Office
IN
UC
Passive park, including a linear park
IN
UC
AR
PR
MU
Personal service shop
UC*
MU
Police station, correctional facility or fire hall
IN
Post office
UC*
Private structures limited to 20 square metres
PR
Railway station
IN
Recreational facility
IN
AR
Religious institution
IN
UC*
Research facility
IN
UC*
Restaurant
UC*
MU
Restaurant, excluding a drive thru
AR*
Retail store
UC*
AR*
MU
School or other training facility
IN
Studios related to arts and crafts
IN
University
UC
University or community college residence
UC
Uses permitted in the GC zone, excluding an:
a. automotive dealership;
b. gas bar;
c. motor vehicle repair establishment; and,
d. retail store for the sale and rental of
motorized vehicles and equipment
MU
Utility uses pursuant to Subsection 2.1.2.1
US
Veterinary clinic
IN
Wharf and marina facility
AR
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10.1 Institutional (IN)
10.1.1 Permitted Uses
1. No person shall within any IN Zone use any land or erect, alter or use any building or part thereof for
any purpose other than:
a. One or more of the following main uses:
i.
active park
ii.
assembly hall
iii.
assisted living facility
iv.
cemetery, including a crematorium
v.
clinic
vi.
community placement residential facility
vii.
craft workshop
viii.
early learning and childcare centre
ix.
fitness centre
x.
hospital
xi.
library, museum, art gallery or cultural centre
xii.
office
xiii.
passive park, including a linear park
xiv.
police station, correctional facility or fire hall
xv.
railway station
xvi.
recreational facility
xvii.
religious institution
xviii.
research facility
IN
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xix.
school or other training facility
xx.
studios related to arts and crafts
xxi.
veterinary clinic
b. In association with a main use, the following secondary uses:
i.
licensed premises, excluding adult entertainment.
10.1.2 Regulations
1. No person shall within an IN Zone use any land or erect, alter or use any building or part thereof
except in accordance with the following regulations:
a. minimum lot frontage
30m
b. minimum lot depth
30m
c. minimum lot area
900m2
d. maximum lot coverage
40%
e. minimum front yard
In accordance with section 3.1.4
f. minimum side yard
6.1m
g. minimum rear yard
6.1m
h. maximum height
18m
i. landscaped open space of a minimum width
of 3.0m shall be provided and maintained
along all lot lines provided that such open
space may be interrupted by driveways
j. submission of a site plan as provided for in
section 2.11.5
2. Notwithstanding the requirements of lot frontage, area, and depth as provided for herein, a lot within
the IN zone, which is not serviced by public water distribution and/or sewerage collection facilities
may be developed subject to and as provided for in section 3.1.2
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10.2 University and Community
College Zone (UC)
10.2.1 Permitted Uses
1. No person shall within any UC Zone use any land or erect, alter or use any building or part thereof
for any purpose other than:
a. One or more of the following main uses:
i.
active park
ii.
community college
iii.
dormitory
iv.
office
v.
passive park, including a linear park
vi.
school and / or training facility
vii.
university
viii.
university or community college residence
b. One or more of the following secondary uses, when located in a building designed and forming
an integral part of a university or college:
i.
convenience store
ii.
early learning and childcare centre
iii.
financial institution
iv.
licensed premises, excluding adult entertainment
v.
personal service shop
vi.
post office
vii.
religious institution
UC
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viii.
research facility
ix.
restaurant
x.
retail store
10.2.2 Regulations
1. No person shall within an UC Zone use any land or erect, alter or use any building or part thereof
except in accordance with the following regulations:
a. minimum lot frontage
30m
b. minimum lot depth
30m
c. maximum building coverage
40%
d. maximum height
18m
e. minimum front yard
In accordance with section 3.1.4
f. minimum side yard
6.1m
g. minimum rear yard
6.1m
h. maximum coverage by open parking areas,
driveways and vehicle movement areas
25% of the lot area
i. submission of a site plan as provided for in
section 2.11.5
j. the following regulations shall apply to the
secondary commercial uses provided for in
section 10.2.1(1)(b):
i.
maximum floor area per commercial
use 185.8m2;
ii.
there shall be no outside display of
merchandise;
iii.
no drive-thru service shall be
permitted if such service comprises
the primary activity of the
establishment;
iv.
landscaped open space of a
minimum width of 3.0m shall be
provided and maintained along all
lot lines, provided such space may
be interrupted by driveways and
railways; and,
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v.
screening shall be provided and
maintained along a lot line abutting
a Residential zone if a building,
parking space, driveway or loading
space is located within 15.2m of such
zone.
2. Notwithstanding the requirements of the lot frontage, area and depth as provided for herein within
this zone, a lot within this zone which is not serviced by public water distribution and/or public
sewerage collection facilities may be developed subject to and as provided for in section 3.1.2
10.3 Active Recreation (AR)
10.3.1 Permitted Uses
1. No person shall within an AR Zone use any land or erect, alter or use any building or part thereof for
any purpose other than:
a. One or more of the following main uses:
i.
active recreation facility and uses
ii.
golf course
iii.
golf driving range and practice facility
iv.
interpretive use
v.
recreational facility
vi.
passive park, including a linear park
vii.
wharf and marina facility
b. One or more of the following secondary uses:
i.
licensed premises, excluding adult entertainment
ii.
restaurant, excluding a drive thru
iii.
retail store
AR
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10.3.2 Regulations
1. No person shall within an AR Zone use any land or erect, alter or use any building or part thereof
except in accordance with the following regulations:
a. minimum front yard
In accordance with section 3.1.4
b. minimum side yard
6.1m
c. minimum rear yard
6.1m
d. maximum height
12m
2. Notwithstanding the requirements of lot frontage, area, and depth as provided for herein within the
AR zone, a lot within this zone which is not serviced by public water distribution and/or sewerage
collection facilities may be developed subject to and as provided for in section 3.1.2.
10.4 Passive Recreation/Greenspace
(PR)
10.4.1 Permitted Uses
1. No person shall within an PR Zone use any land or erect, alter or use any building or part thereof for
any purpose other than:
a. one or more of the following main uses:
i.
interpretive use
ii.
linear park or trail
iii.
passive park, including a linear park
iv.
private structures limited to 20m2
10.4.2 Regulations
1. No person shall within an PR Zone use any land or erect, alter or use any building or part thereof
except in accordance with the following regulations:
a. minimum front yard
In accordance with section 3.1.4
b. minimum side yard
6.1m
c. minimum rear yard
6.1m
PR
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d. maximum height
8.5m
2. Notwithstanding the requirements of lot frontage, area, and depth as provided for herein within the
PR zone, a lot within this zone which is not serviced by public water distribution and/or sewerage
collection facilities may be developed subject to and as provided for in Subsection 3.1.2.
10.5 Mixed Use (MU)
10.5.1 Permitted Uses
1. No person shall, within a MU Zone use any land or erect, alter or use any building or part thereof for
any purpose other than:
a. one or more of the following main uses:
i.
distillery
ii.
hotel, motel, or inn
iii.
main uses permitted in the IN zone
iv.
main uses permitted in the R-2 zone
v.
main uses permitted in the R-3 zone
vi.
main uses permitted in the R-4 zone
vii.
main uses permitted in the R-5 zone
viii.
main uses permitted in the R-6 zone
ix.
micro-brewery
x.
passive park, including a linear park
xi.
personal service shop
xii.
restaurant
xiii.
retail store
xiv.
Uses permitted in the GC zone, excluding an:
MU
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a.
automotive dealership;
b.
automotive wash;
c.
gas bar;
d.
motor vehicle repair establishment; and,
e.
retail store for the sale and rental of motorized vehicles and equipment
b. One of the following secondary uses and then only in association with a dwelling unit:
i.
home business, subject to section 3.2.2
10.5.2 Regulations
1. No person shall, within a MU Zone, use any land or erect, alter or use any building or part thereof
except in accordance with the following regulations:
a. The zone standards associated with the identified zone shall apply; and,
b. Submission of a site plan as provided for in section 2.11.5.
2. Notwithstanding the requirements of the lot frontage, area and depth as provided for herein within
this zone, a lot within this zone which is not serviced by public water distribution and/or public
sewerage collection facilities may be developed subject to and as provided for in section 3.1.2
10.6 Utility and Service (US)
10.6.1 Permitted Uses
1. No person shall within an US Zone, use any land or erect, alter or use any building or part thereof for
any purpose other than:
a. Utility uses pursuant to Subsection 2.1.2.
10.6.2 Regulations
1. No person shall within an US Zone, use any land or erect, alter or use any building or part thereof
except in accordance with the following regulations:
US
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a. minimum lot
1,000m2
b. minimum lot width
30m
c. minimum lot depth
45m
d. minimum front yard
In accordance with section 3.1.4
e. minimum rear yard
7.5m
f. minimum side yard
7.5m
g. maximum height
15m
h. maximum lot occupancy
40%
i. landscaped open space of a minimum width
of 3.0m shall be provided and maintained
along all lot lines provided that such open
space may be interrupted by driveways
j. submission of a site plan as provided for in
section 2.11.5
2. Not withstanding the requirements of lot frontage and area as provided for herein, a lot within the
US zone, which is not serviced by public water distribution and/or sewerage collection facilities may
be developed subject to and as provided for in section 3.1.2.
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SECTION 11: RURAL ZONES
* Denotes a permitted
secondary use
() Denotes a permitted
conditional use
Rural
Resource Extraction
RU
RE
Agricultural operation, excluding the
raising of swine and/or poultry
RU
Backyard poultry coop
RU*
Cemetery, excluding a crematorium
RU
Composting - agriculture
RU
Cushing or screening of aggregate or
other quarriable substance
RE*
Early learning and childcare home
RU*
Fishery use
RU
Forestry use
RU
Garden suite
RU*
Gravel pit
RE
Home business
RU*
Home industry
RU*
Home-based tourist accommodation
RU*
Kennel
RU
Mini-home dwelling
RU
Office
RE*
Park
RU
Peat moss extraction
RE
Pit, quarry, or large-scale commercial
excavation
(RU)
Processing of peat moss
RE*
Religious institution
RU
Resource use
RU
RE
Riding stable
RU
Sale of aggregate or other quarriable
substance
RE*
Weigh Scales
RE*
Single unit dwelling
RU
Stone quarry
RE
Storage of aggregate from another
source
RE*
Tiny-home dwelling
RU
Two-unit dwelling
RU
Vehicle storage and wash facility
RE*
Veterinary clinic
RU
Wind farm
(RU)
(RE)
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11.1 Rural (RU)
11.1.1 Permitted Uses
1. No person shall within a RU Zone use any land or erect, alter or use any building or part thereof for
any purpose other than:
a. One of the following residential uses:
i.
mini-home dwelling
ii.
single-unit dwelling
iii.
tiny-home dwelling
iv.
two-unit dwelling
b. And one or more of the following main uses:
i.
agricultural operation, excluding the raising of swine and / or poultry
ii.
cemetery, excluding a crematorium
iii.
composting - agriculture
iv.
fishery use
v.
forestry use
vi.
kennel
vii.
park
viii.
resource use
ix.
riding stable
x.
veterinary clinic
c. one of the following secondary uses and then only in association with a residential use:
i.
backyard poultry coop, subject to section 3.2.1
ii.
early learning and childcare home, subject to section 3.2.3
RU
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iii.
garden suite, subject to section 3.2.4
iv.
home-based tourist accommodation, subject to section 3.2.5
v.
home business, subject to section 3.2.2
vi.
home industry, subject to section 3.2.6
d. the following conditional uses provided herein subject to such terms and conditions as the PRAC
may impose:
i.
pit, quarry or large scale commercial excavation
ii.
wind farm
11.1.2 Regulations
1. No person shall within a RU Zone use any land or erect, alter or use any building or part thereof
except in accordance with the following regulations:
a. minimum lot area
4,000m2
b. minimum lot frontage
54m
c. minimum lot depth
38m
d. maximum height
15m
e. minimum front yard
In accordance with section 3.1.4
f. minimum side yard
6.1m
g. minimum rear yard
6.1m
h. maximum lot coverage
40%
i. a feed lot, manure pile, lagoon, stable, barn,
kennel, or including fur bearing animals shall
not be located within 150m of a dwelling
unit on an adjoining lot or a Residential zone
boundary
j. no new dwelling unit shall be erected on an
adjoining lot within 150m of an existing feed
lot, manure pile, lagoon, stable, barn, kennel,
including fur bearing animals.
2. Notwithstanding the requirements of lot frontage and area as provided for herein, a lot within the RU
zone, which is not serviced by public water distribution and/or sewerage collection facilities may be
developed subject to and as provided for in section 3.1.2.
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11.2 Resource Extraction (RE)
11.2.1 Permitted Uses
1. No person shall within a RE Zone use any land or erect, alter or use any building or part thereof for
any purpose other than:
a. One or more of the following main uses:
i.
gravel pit
ii.
peat moss extraction
iii.
resource use
iv.
stone quarry
b. One or more of the following secondary uses and then only in association with a permitted main
use:
i.
crushing or screening of aggregate or other quarriable substance
ii.
office
iii.
processing of peat moss
iv.
sale of aggregate or other quarriable substance
v.
storage of aggregate from another source
vi.
vehicle storage and wash facility
vii.
weigh scales
c. The following conditional uses provided herein subject to such terms and conditions as the PRAC
may impose:
i.
wind farm
RE
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CITY OF MIRAMICHI ZONING BY-LAW
11.2.2 Regulations
1. No person shall within a RE Zone use any land or erect, alter or use any building or part thereof
except in accordance with the following regulations:
a. minimum lot area
4 hectares
b. minimum lot frontage
100m
c. minimum lot depth
100m
d. maximum height
15m
e. minimum front yard
In accordance with section 3.1.4
f. minimum side yard where lot abuts a
Residential zone or use
10m
g. minimum rear yard where lot abuts a
Residential zone or use
10m
h. minimum side yard where lot does not abut a
Residential zone or use
5m
i. minimum rear yard where lot does not abut a
Residential zone or use
5m
j. The final perimeter of the pit or quarry shall
have the following minimum setbacks:
i.
existing right-of-way boundary of a
public highway / road
30m
ii.
any non-residential property
boundary
15m
iii.
boundary of any existing designated
areas such as natural protected
areas or a cultural heritage resource
30m
iv.
existing residential, industrial,
institutional or commercial use
100m
v.
existing private water supply well in
the case of a pit
100m
vi.
existing commercial, industrial,
agricultural or communal well in the
case of a pit
300m
k. landscaped open space shall be provided
along all lot lines:
i.
public highway or non-residential use
15m
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ii.
zoned for or being used as a
residential use
50m
l. submission of a site plan as provided for in
section 2.11.5
2. Notwithstanding the requirements of lot frontage and area as provided for herein, a lot within the RE
zone, which is not serviced by public water distribution and/or sewerage collection facilities may be
developed subject to and provided for in section 3.1.2.
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Integrated Development Zones
CITY OF MIRAMICHI ZONING BY-LAW
SECTION 12: INTEGRATED DEVELOPMENT
ZONES
12.1 Integrated Development (ID)
12.1.1 Permitted Uses
1. No person shall within an ID Zone use any land or erect, alter or use any building or part thereof for
any purpose other than:
a. a specific proposal approved by Council pursuant to section 58 and 59 of the Act.
12.1.2 Regulations
1. Standards or requirements for development in an ID zone shall not be subject to the provisions of this
by-law, but shall be limited by the proposal, which is approved by Council pursuant to sections 58, 59
and 131 of the Act.
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SCHEDULES
Schedule A: Zoning Map
Schedule 1: Metric - Imperial Conversion
Schedule 2: Section 59 Agreements
Schedule 3: Climate Change Flood Risk Disclaimer
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Schedule A: Zoning Map
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Schedules
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Schedule 1: Metric - Imperial Conversion
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Metric - Imperial Conversion
Metric
Imperial
1 metre (m)
3.2808 feet
0.30448 metres (m)
1 foot
1 centimetre (cm)
2.54 inches
1 square metre (m2)
10.764 square feet
1 hectare (ha)
0.405 acres
1 hectare (ha)
107,640 square feet
4,046.82 square metres (m2)
1 acre
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Schedule 2: Section 59 Agreements
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Section 59 Agreements
List of Properties where "Site-Specific Zoning" regulations apply (per Community Planning Act section 59):
Rezoning By-
Law No.
Registered
Document No.
Street Name
Civic No.
Zoning
Date B-L
Registered
(MM-DD-YY)
BL91-27
39681854
King George
2039
R-4
12/3/2019
BL91-26
39610234
Bridge
139
BLI
11/12/2019
BL91-23
39373973
Newcastle
BLI
8/30/2019
BL91-22
39093241
Williston
376
R-3
6/7/2019
BL91-18
38300860
Water
1680
GC
8/20/2018
BL91-11
36555887
Water
564
GC
11/24/2016
BL91-9
36209667
Water
139
CA
8/10/2016
BL91-4
34079930
St. Patrick's
62
GC
8/18/2014
BL91-4
34079930
St. Patrick's
58;56
GC
8/18/2014
BL91-1
32112824
St. Thomas
GC
10/31/2012
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Schedule 3: Climate Change Flood Risk Disclaimer
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Climate Change Flood Risk Disclaimer
The City of Miramichi wishes to inform you that as of today's date, the property identified by:
__________________________________________
PID or legal description
__________________________________________
located at
__________________________________________
owned by
is situated within an area which could be subject to flooding based on the City's Climate Change Adaption Plan
prepared by CBCL Limited (2019).
One of the measures indicated in this report suggests that the finished floor elevation of all new main buildings
should be constructed at a geodetic elevation of 4.6 metres or higher.
I, ___________________________, and/or representing ___________________________ (property owners),
am/are satisfied that the City of Miramichi, with this document, has informed me/us in the best of its capacity
of the potential risks that could impact the proposed project of the above-noted property by constructing at a
geodetic elevation less than 4.6 metres.
__________________________________________
Property owners signature(s)
__________________________________________
date
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