Nackawic-Millville, New Brunswick
· adopted 2017-04-03
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Snapshot 5520fe3d5b1f · verified 2026-06-07 ·
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CONTENTS
1.
Interpretation.....................................................................................................................
2.
Measurements....................................................................................................................
3.
Scope...................................................................................................................................
Administration
4.
Powers of the Council.........................................................................................................
5.
Special Powers of the P.R.A.C..............................................................................................
6.
Amendments.......................................................................................................................
General Provisions
7.
Home Occupations..............................................................................................................
8.
Garden Suites......................................................................................................................
9.
Gravel Pits and Quarries......................................................................................................
10.
Commercial and Industrial Development Abutting a Residential Zone...............................
11.
Number of Main Buildings or Structures on a Lot...............................................................
12.
Building and Structure Projections......................................................................................
13.
Vehicular Off-Street Parking................................................................................................
14.
Vehicular Off-Street Loading and Unloading.....................................................................
15.
Signs..................................................................................................................................
16.
Fences................................................................................................................................
17.
Line of Vision at an Intersection........................................................................................
18.
Lighting Facilities and Illuminating Devices.......................................................................
19.
Stripping of Top Soil...........................................................................................................
Zones:
20.
Classification......................................................................................................................
21.
Single Family Residential (R1)............................................................................................
22.
Multiple Family Residential (R2)........................................................................................
23.
Mobile and Mini Homes (RM)...........................................................................................
24.
Core Area Commercial (C).................................................................................................
25.
Highway Commercial (HC).................................................................................................
26.
Industrial (I).......................................................................................................................
27.
Institutional Zone (INST)...................................................................................................
28.
Public Recreation (P1).......................................................................................................
29.
Private Recreation (P2)......................................................................................................
30.
Rural (RUR)........................................................................................................................
31.
Wellfield Protection Area (WP).........................................................................................
Schedule A: Zoning Map...............................................................................................................
Schedule B: Setbacks Diagram......................................................................................................
Schedule C: Commercial and Industrial Development Diagram....................................................
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The Council of the Town of Nackawic, under authority vested in it by section 34 of the Community Planning
Act, enacts as follows:
1.
Interpretation
1.1
In this By-law,
"Agricultural use" means any use of land for the purpose of producing of crops and livestock;
"Alter" means to make any change, structurally or otherwise, in a building or structure which is
not for purposes of maintenance only;
"Bachelor Apartment" means a dwelling unit, consisting of not more than one habitable room
together with kitchen or kitchenette and sanitary facilities;
"Building" means a roofed erection with solid exterior walls which is used or intended as a shelter
for persons, animals or chattels;
"Building, accessory" means a detached subordinate building, not used for human habitation,
located on the same lot as the main building, structure or use to which it is accessory, the use of which is
naturally or customarily incidental and complementary to the main use of the land, building or structure;
"Building, main" means a building in which is conducted the main or principle use of the lot on
which the building is located;
"Development" means:
a)
the erecting, placing, relocating, removing, demolishing, altering, repairing or replacing
of a building or structure other than utility poles and wires, traffic control devices, pipelines
defined in the Pipeline Act, 2005 except for buildings and structures remote from the pipeline
used for management and administration or housing or storing of moveable equipment or
statutory notices,
b)
where the purposes for which land, buildings and structures may be used are set out in a
regional plan, municipal plan, rural plan, basic planning statement, development scheme, urban
renewal scheme, zoning by-law or regulation, any change in the purpose for which any
land, building or structure is used,
c)
any excavation of sand, gravel, clay, shale, limestone or other deposit for a development
mentioned in paragraph (a) or for purposes of the sale or other commercial use of the material
excavated, or
d)
the making of land by cutting or filling to a depth in excess of one metre except in the
case of laying pipelines defined in the Pipeline Act, 2005;
"Dwelling" means a main building or a portion thereof containing one or more dwelling units;
"Dwelling, multiple" means a dwelling containing more than one dwelling unit;
Town of Nackawic Zoning By-Law 1
"Dwelling, single-family" means a dwelling containing only one dwelling unit;
"Dwelling, terrace" means a dwelling containing at least three and no more than six dwelling
units, such units being constructed adjoining common walls, and not one above the other, with individual
entrances from the street level directly;
"Dwelling Unit" means a room or suite of two or more rooms designed or intended for use by an
individual or family, in which culinary facilities and sanitary conveniences are provided for the exclusive
use of such individual or family;
"Erect" means to construct, build, assemble or relocate a building or structure, and any physical
operation preparatory thereto;
"Family" means one or more persons, not necessarily related, occupying a premises and living as a
single housekeeping unit, as distinguished from a group occupying a hotel or boarding or rooming house;
"Garage, public" means any building, space or enclosure in which motor vehicles or power boats
are stored for use (as opposed to being stored for sale) or repaired, whether for the public, for business
purposes or for hire, but not including body shops;
"Garden suite" means a portable or demountable one storey, one or two bedroom,
self-contained dwelling, intended to be occupied by an individual or couple who are able to live
independently in it on a temporary basis, and where the house on the same property is occupied by
children, grandchildren, family members, or relatives of the occupant of the portable dwelling;
"Grade" means the finished level of the ground at the exterior walls of a building or structure;
"Height" means in relation to a building or structure the vertical distance as measured from mean
grade to the highest point on such building or structure;
"Home Occupation" means a secondary use conducted in a dwelling for gain or profit;
"House, boarding" means a dwelling or part thereof in which rooms and meals are provided to
lodgers for compensation;
"House, rooming" means a dwelling or part thereof in which rooms are provided to lodgers for
compensation;
"Lot" means a parcel of land or two or more adjoining parcels held by the same owner and used
or intended to be used as the site for a building or structure or an appurtenance thereto;
"Lot, corner" means a lot having two or more adjacent sides fronting on two or more intersecting
or intercepting streets, and "lot, interior" means a lot other than a corner lot;
"Lot Line" means a common line between a lot and an abutting lot, land or street;
"Lot Line, Side" means a lot line extending from the street line to the rear of the lot;
Town of Nackawic Zoning By-Law 2
"Mini Home" means a dwelling not exceeding 4.88 meters in width, which does not have a steel
frame for wheels, and has a pitched roof;
"Mobile Home" means a mobile home as defined in the Municipalities Act;
"P.R.A.C." means the Planning Review and Adjustment Committee of Regional Service Commission
11, established by the Regional Service Delivery Act;
"Service Station" means a building or space where gasoline, oil, grease, antifreeze, tires and
accessories for motor vehicles are stored or kept for sale and where minor repairs of motor vehicles are
performed;
"Shopping Centre" means an area of at least 6,000 square meters of land, planned and controlled
as a unit, containing such retail stores, service shops and other establishments as permitted by this By-
law, in a unitary type building or buildings at least 1500 square meters in size, together with at least 3000
square meters of customer parking area, and at least 1200 square meters for circulation, service and
planting;
"Sign" means any display of advertisement, placard, boarding, bill board or other form or means
or device whatsoever of public notice or announcement, whether erected, pasted or painted, and any
such form or means or device intended, suitable or adaptable for such purpose whether or not it is at
the time used for such purpose;
"Storey" means:
i)
that portion of a building between the surface of any floor and the surface of the floor
next above it or, if there is no floor above it, then the space between such floor and the
ceiling next above it; or
ii)
a basement and cellar, if the average vertical distance from grade to the ceiling thereof
is over 1.5 meters (5 feet) and is used for business purposes or for dwelling purposes;
"Yard" means, in relation to any building, structure or use on a lot, that part of the lot between
such building, structure or use and a lot line;
"Yard, Front" means, in relation to a main building structure or use on a lot, that part of the lot
between such building, structure or use and the street line at the front of the lot;
"Yard, Rear" means, in relation to any building, structure or use on a lot, that part of the lot
between such building, structure or use and a rear lot line;
"Yard, Side" means in relation to any building, structure or use on a lot, that part of the lot between
such building, structure or use and a side lot line;
Town of Nackawic Zoning By-Law 3
2.
Measurements
2.1
In this By-law
a)
all measurements of distance and dimensions are expressed in metric terms and for
purposes of comparison and guidance and to aid in understanding this by-law, the approximate
equivalent measurements in inches and feet, as the case may be, have been placed in brackets
immediately following the metric measurement but such inches or feet, as the case may
be, are not operative provision of this by-law;
b)
the abbreviations
i)
"cm" means centimetre or centimetres;
ii)
"ft" means foot or feet;
iii)
"in" means inch or inches;
iv)
"m" means meter or meters; and
v)
"sq" means square.
3.
Scope
3.1
This By-law
a)
divides the municipality into zones;
b)
prescribes, subject to powers reserved by the P.R.A.C.,
i)
the purposes for which land, buildings and structures in any zone may be used;
and
ii)
standards to which Iand 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 purposes and standards mentioned in clause (b).
ADMINISTRATION
4.
Powers of the Council
4.1
No building may be erected in the municipality in respect of which, in the opinion of the Council
satisfactory arrangements have not been made for the supply of electric power, water, sewerage, streets
or other services or facilities.
Town of Nackawic Zoning By-Law 4
4.2
Subject to subsection (1), within any zone mentioned herein, the Council may
a)
designate land to be used for the location or erection of any installation for the supply of
electricity, water or sanitary or storm sewers or for the treatment or disposal of sewerage
wastes; and
b)
use land designated under clause (a) for a purpose therein mentioned.
4.3
No land may be designated or used for the purposes of subsection (1) unless, in the opinion of the
Council,
a)
such land is essential to the operation of the service concerned; and
b)
any development thereon in an R zone is adequately screened from public view.
5.
Special Powers of the Planning Review and Adjustment Committee
(P.R.A.C.)
5.1
No building or structure may be erected on any site where it would otherwise be permitted under
this by-law when, in the opinion of the P.R.A.C., the site is marshy, subject to flooding, excessively steep or
otherwise unsuitable by virtue of its soil or topography.
5.2
The P.R.A.C. may, subject to such terms and conditions as it considers fit,
a)
authorize, for a temporary period not exceeding one year, a development otherwise
prohibited by this by-law; and
b)
to authorize, for an additional temporary period not exceeding one year, a development
otherwise prohibited by the by-law if
i)
the applicant holds an authorization under subparagraph (a) that is to expire or
has expired;
ii)
an application with respect to the land has been made to amend the zoning by-
law; and
iii)
the P.R.A.C. has received a resolution from the council confirming that the
council will consider the application referred to in clause (ii); and
c)
to require the termination or removal of a development authorized under
subparagraph at the end of the authorized period;
Town of Nackawic Zoning By-Law 5
6.
Amendments
6.1
A person who seeks to have this by-law amended shall
a)
address a written and signed application to the Regional Service Commission; and
b)
pay a fee of $1,500.00 payable to Regional Service Commission 11 on commencement of
the amendment process.
6.2
The Fee mentioned in section 1(b) may be changed by Resolution of Council.
6.3
An application under this section shall include such information as may be required for the purpose
of adequately assessing the desirability of the proposal.
6.4
The Council may refuse to consider an application under this section if such application
a)
seeks to rezone an area of land from one type of zoning to another.
6.5
Unless, the Council is of the opinion there is valid new evidence or change in conditions, where
an application under this section has been refused by the Council, no further application may be
considered by the Council for one year if such application
a)
in the case of re-zoning, is in respect of the same area of land with which the original
application was concerned; or
b)
not being in relation to re-zoning, is similar to the original application.
Town of Nackawic Zoning By-Law 6
GENERAL PROVISIONS
7.
Home Occupations
7.1
Where permitted, a home occupation may be conducted in a residential dwelling subject to the
following conditions:
a)
the home occupation shall be clearly secondary to the main residential use and there
shall be no change to the outside appearance of the dwelling or premises or any visible
evidence of conduct of a home-based business, except for a sign permitted under this By-Law or
future Signage By-Law;
b)
with the exception of vehicles designed and used primarily for travel on public
highways, there shall be no outdoor storage of goods, equipment, or materials associated
with the home occupation;
c)
the premises shall not be used for auto repair, painting or washing, machinery repair
or rental, welding or any other industrial use, a convenience store, restaurant, tanning centre,
laundry services, sharpening services, or any rental or retail operation, except where retail
is accessory to the production of goods or crafts produced on the premises or the provision of a
service; and
d)
the home occupation shall not produce any smoke, fumes, obnoxious odours, noise,
vibration, heat, humidity, glare, or electronic interference so as to be easily observed beyond the
limits of the property in which the home-based business is conducted or create issues of
excessive traffic or on street parking, other than what is natural for a residential area.
8.
Garden Suites
8.1
Where permitted, a garden suite may be located on a lot containing a single family dwelling subject
to terms and conditions and provided:
a)
that the lot meets applicable minimum size requirements;
b)
the garden suite shall be located so as not to infringe on the privacy of neighbouring
residents;
c)
the garden suite must be located so as to be easily removed from the site;
d)
the garden suite is provided with adequate water and sewer systems, as acceptable to
the Department of Health, or other agency having jurisdiction;
e)
the garden suite shall be removed from the property within six months should it cease
to be occupied by the person or persons intended; and
f)
the garden suite shall be reasonably consistent with the character and aesthetics of the
neighbourhood in which it is located.
Town of Nackawic Zoning By-Law 7
9.
Gravel Pits and Quarries
9.1
New gravel pits and quarries may be permitted via amendment to the Municipal Plan and Zoning
By-Law pursuant to a section 39 agreement to address matters such as: public safety, reclamation, signage,
hours of operation, noise, dust and other matters as may be desired by council.
10.
Commercial and Industrial Development Abutting a Residential Zone
10.1
Notwithstanding any other provision of this By-law, in the case of a lot in a C or I zone and abutting
an R zone, no building or structure may be placed or erected thereon unless the yard adjoining the R zone
has a depth or width equal to twice the height of the main building or structure.
11.
Number of Main Buildings or Structures on a Lot
11.1
Except as herein provided, no more than one main building or structure may be placed or erected,
and no building or structure may be altered to become a second main building or structure on a lot.
12.
Building and Structure Projections
12.1
The requirements of this by-law with respect to placing, erecting or altering a building or structure
in relation to a lot line or street line apply to all parts of the building or structure except for projections
which do not protrude into required yards in excess of
a)
15 cm (6 in) for sills, leaders, belt courses or similar ornamental features;
b)
46 cm (18 in) for chimneys, smoke stacks or flues;
c)
61 cm (24 in) for cornices or eaves;
d)
101 cm (40 in) for window or door awnings, or open or lattice-enclosed fire balconies or
fire escapes;
e)
subject to subsection (2)
i)
1.5 m (4 ft) for steps or unenclosed porches; or
ii)
1.8 m (6 ft) for balconies of upper storeys of multiple dwellings which are not
enclosed above a normal height.
12.2
Projections mentioned in clause (e) of subsection (1) may not extend into a required side yard to
a greater extent than one-half the required width of the yard.
13.
Vehicular Off-Street Parking
13.1
Subject to this section, no building or structure may be placed, erected, altered or used unless
vehicular off-street parking spaces are provided in accordance with the requirements of this section.
Town of Nackawic Zoning By-Law 8
13.2
Off-street vehicular parking spaces mentioned in subsection (1) shall be provided on the
following basis:
a)
for dwelling units:
not less than one space for each dwelling unit;
b)
for retail stores and service
not less than one space for each 18 sq m (193 sq ft)
shops, or similar
of retail sales floor space.
establishments:
c)
for restaurants and taverns:
not less than one space for every 4 patrons for whom
accommodation is provided.
d)
for offices:
not less than one space for every 36 sq m (387 sq ft) of
gross floor area.
e)
for recreational and
not less than one space for every 10 fixed seats, or not
entertainment buildings,
less than one space for each 9 sq m (97 sq ft) of
INST buildings including
gross floor area, whichever is greater.
churches, clubs and places of
assembly:
f)
for hotels and motels:
not less than one space for each habitable unit.
g)
for schools and youth clubs:
not less than one space for every classroom or club
room and, where an auditorium or place of assembly is
included therein, an additional space for every 9 sq m
(97 sq ft) of auditorium or assembly area; and
h)
for industrial buildings, ware-
not less than one space for every 5 employees or not
houses, storage yards or
less than one space for every 93 sq m (1000 sq ft)
buildings and servicing and
of gross floor area, whichever is the greater.
repairing establishment:
13.3
A parking space shall be
a)
an area of not less than 6 m (20 ft) in length and not less than 3 m (10 ft) in width;
b)
readily accessible from the nearest street; and
c)
not more than 150 m (492 ft) from the building which it serves.
13.4
Provided the area is not less than the minimum area required for all buildings which the spaces
are to serve, collective provision for off-street parking spaces may be made for two or more buildings on
the same parking lot.
Town of Nackawic Zoning By-Law 9
13.5
Where collective provisions for off-street parking is made under subsection (4), the parking area
shall
a)
be screened from public view, if practicable;
b)
be surfaced with a durable and dust proof material;
c)
have points of ingress and egress located, in the opinion of the Advisory Committee with
due regard to topography and general traffic conditions; and
d)
not be used for automotive repair work or servicing except in the case of an emergency.
13.6
Barrier-Free Parking Spaces shall be
a)
a minimum width of 2400 mm plus a 1500 mm wide adjacent access aisle for car parking
spaces. Where paved, the access aisle should be clearly marked;
b)
an even larger space in the case of vans in order to provide clearance for the side lift.
To accommodate van parking, spaces shall be a minimum of 4600 mm wide; and
c)
at least 2600 mm wide by 7400 mm long for parallel parking spaces.
14.
Vehicular Off-Street Loading and Unloading
14.1
The owner of every building, structure or premises used in whole or in part for business or
commercial purposes involving the use of vehicles for the receipt or distribution of materials or merchandise
shall provide and maintain on lands appurtenant to such building, structure or premises, off-street spaces
for such vehicles to stand and for loading and unloading the same, in accordance with the following
requirements:
a)
for retail and wholesale stores, bulk storage plants, warehousing or similar uses
i)
not less than one space if the gross floor area thereof is 455 sq m (4900 sq ft) or
less;
ii)
not less than two spaces if the gross floor area thereof is in excess of 455 sq m
(4900 sq ft), but less than 2,272 sq m (24,446 sq ft);
iii)
an additional space for each 2,272 sq m (24,446 sq ft), or fraction thereof, of
gross floor area in excess of the first 2,272 sq m (24,466 sq ft); and
b)
for business or office buildings, places of public assembly, schools, hotels or other similar
buildings or premises
i)
not less than one space; and
ii)
an additional space for each 2,272 sq m (24,446 sq ft), or fraction thereof, of
gross floor area in excess of 2,272 sq m 24,446 sq ft).
Town of Nackawic Zoning By-Law 10
14.2
A loading and unloading space mentioned in subsection (1) shall
a)
be not less than 10m (32 ft) in length and not less than 4 m (13 ft) in width, with 5 m (16
ft) overhead clearance;
b)
be so located that merchandise or materials are loaded or unloaded on the premises
being served;
c)
be provided with adequate facilities for ingress and egress and constructed manoeuvring
aisles; and
d)
be surfaced with a durable and dust proof material.
15.
Signs
15.1 Other than a traffic control device as defined by the Motor Vehicle Act, a legal notice or a store
window sign advertising goods for sale therein, the use of land or a building or structure for the placing,
erecting or displaying of a sign not expressly permitted by this section is permitted only if approved by the
P.R.A.C. and only on compliance with such terms and conditions as may be imposed by such committee.
For this section gross area means the area of one face of a sign.
15.2
Subject to subsection (3), in any zone, a non-illuminated sign may be placed, erected or displayed
on any land, building or structure if such sign
a)
advertises the sale, rental or lease of such land, building or structure;
b)
identifies by name the property or the residents thereof;
c)
indicates a home occupation permitted hereunder; or
d)
warns against trespass.
15.3
Unless otherwise provided by this section, a sign mentioned in subsection (2) shall not exceed
a)
in number, one for each purpose mentioned therein; or
b)
in size,
i)
.6 sq m (6 sq ft) for a sign mentioned in clause (a) thereof; or
ii)
.2 sq m (2 sq ft) for a sign mentioned in clause (b), (c) or (d) thereof.
15.4
In a C, HC or I Zone, the following signs may be placed, erected or displayed:
a)
a sign placed flat against the front of a building indicating the ownership or nature of the
business carried on therein, provided the gross surface area of such sign does not exceed
i)
the lineal frontage of the lot on which the building is located, multiplied by two,
in the case of a non-illuminated sign; or
Town of Nackawic Zoning By-Law 11
ii)
one-half the size permitted under sub-clause (I), in the case of an illuminated
sign; or
b)
a free-standing sign not exceeding 3.7 sq m (40 sq ft) in gross surface area, in the case of
a service station.
15.5
In a rural zone the following signs may be placed, erected or displayed:
a)
one sign not exceeding 3.7 sq m (40 sq ft) in gross surface area indicating the name of a
farm; and
b)
one sign not exceeding 1.6 sq m (18 sq ft) in gross surface area indicating the sale or
rental of the property on which it is placed.
15.6
No sign may
a)
be an imitation of a traffic control device or contain the words "stop", "go", "go slow",
"caution", "danger", "warning", or similar words;
b)
have a size, location, movement, content, colouring or manner of illumination which
may be confused with, construed as, or tend to hide from view any traffic control device; or
c)
advertise an activity, business, product or service no longer conducted on the premises
on which the sign is located.
16.
Fences
16.1
Notwithstanding any other provisions of this by-law, subject to this section, a fence may be placed
or located in a yard.
16.2
Except for a security fence of chain link construction, no fence in a required front yard may exceed
.8 m (2 and one half ft) in height.
16.3
Subject to subsection (2), no fence may exceed in height
a)
1.8 m (6 ft) in an R Zone; or
b)
2.5 m (8 ft) in a zone other than an R Zone.
17.
Line of Vision at an Intersection
17.1
Except in a Commercial Zone, no building, structure, fence, shrub or tree foliage may obstruct the
line of vision at a street intersection between the heights of 1 and 3 m (3 and 10ft) above the grade of the
streets within an area bounded by the centre lines thereof and a line joining a point on each centre line 24
m (78 ft) from their intersection.
Town of Nackawic Zoning By-Law 12
18.
Lighting Facilities and Illuminating Devices
18.1
No lighting facilities or illuminating devices for any purpose may be arranged in such manner as to
cause a nuisance.
19.
Stripping of Top Soil
19.1
Subject to this section, no person may strip, excavate or otherwise remove top soil for sale or for
use from a lot.
19.2
Where there is an excess of top soil other than that required for grading and landscaping on the
lot, such excess may be removed for sale or for use.
19.3
Notwithstanding subsection (1), the farming of sod may be carried on where the owner of the
land has entered into an agreement with the Council making arrangements satisfactory to the Council
for the rehabilitation of the land.
Zones
20.
Classification
20.1
For the purposes of this by-law, the municipality is divided into zones as delineated on the plan
attached hereto as Schedule "A", entitled "Town of Nackawic Zoning Map" dated February 2017.
20.2
The zones mentioned in subsection (1) are classified and referred to as follows:
a)
Single Family Residential
R1 Zone
b)
Multiple Family Residential
R2 Zone
c)
Mobile & Mini Home Park
RM Zone
d)
Core Area Commercial
C Zone
e)
Highway Commercial
HC Zone
f)
Industrial
I Zone
g)
Institutional
INST Zone
h)
Public Recreation
P1 Zone
i)
Private Recreation
P2 Zone
j)
Rural
RUR Zone
k)
Wellfield Protection Area
WP Zone
Town of Nackawic Zoning By-Law 13
20.3
R1, R2 and RM Zones, collectively, are referred to as R Zones.
20.4
C and HC collectively are referred to as C Zones.
20.5
P1 and P2 collectively are referred to as P Zones.
R Zones
21.
R-1 Zone Single Family Residential
Permitted Uses
21.1
Any land, building or structure zoned "Single Family" may be used for the purposes of, and for no
other purpose,
a)
one or more of the following main uses:
i)
a single-family detached dwelling;
ii)
a park or playground; or
iii)
public utility;
b)
subject to section 7 a home occupation;
c)
subject to section 8 a garden suite;
d)
any accessory building, structure or use incidental to the main use of the land, building
or structure if such main use is permitted by this section.
21.2
The following additional uses are only permitted if approved by the Planning Review and
Adjustment Committee, subject to such terms and conditions as may be imposed by such Committee:
a)
a church;
b)
a special care home;
c)
a small scale day care;
d)
a bachelor apartment.
21.3
Lot Sizes
a)
No building or structure may be placed, erected or altered unless the lot is serviced
by public sewer, has and contains
i)
a width of at least 20 m (65 ft);
Town of Nackawic Zoning By-Law 14
ii)
a depth of at least 35 m (115 ft); and
iii)
an area of at least 835 sq m (8985 sq ft).
b)
If the lot is not serviced by public sewer, the lot shall have and contain:
i)
a width of at least 54 m (177 ft);
ii)
a depth of at least 38 m (125 ft); and
iii)
an area of at least 4100 sq m (44131 sq ft).
21.5
Size of Dwellings and Dwelling Units
a)
No single-family dwelling may be placed, erected or altered so that is has a ground floor
area less than
i)
90 sq m (969 sq ft), in the case of one-storey dwelling;
ii)
54 sq m (581 sq ft), in the case of a one and one-half storey dwelling;
iii)
54 sq m (581 sq ft), in the case of a two-storey dwelling; and
iv)
6.5 m in width for more than 25% of its total floor space.
21.6
For the purposes of this section, ground floor area or floor area does not include garages, carports,
porches, verandas, breeze ways, approach halls, or except for those completely contained in a dwelling
unit, stairways.
21.7
Yards for Main Building or Structure
a)
Subject to section 12, no main building or structure may be placed, erected or altered so
that it is;
i)
within 7.5 m (25 ft) of a street property line;
ii)
within 2 m (6 ft) of a side lot line; or
iii)
within 10m (32 ft) of the rear lot line.
21.8
Height of a Main Building or Structure
a)
No main building or structure may exceed 8.5 m (28 ft) in height.
21.9
Accessory Buildings and Structures
a)
No accessory building or structure may
i)
exceed one storey or 4.5 m (14 ft) in height;
Town of Nackawic Zoning By-Law 15
ii)
be placed, erected or altered so that it is within
1)
the front yard of the main building or structure; or
2)
1.5 m (5 ft) of a side or rear lot line;
iii)
in the case of an accessory building, exceed 57 sq m (624 sq ft) in area or have a
horizontal dimension greater than 10 m (32 ft);
iv)
be used
1) for agricultural purposes;
2) for the keeping of animals other than household pets.
b)
Accessory buildings and structures may not occupy more than 10 per cent of the area of
a lot.
21.10 Lot Occupancy
a)
Buildings and structures on a lot shall not occupy a greater portion of the area of a lot
than
i)
50 per cent, in the case of an interior lot; or
ii)
45 per cent, in the case of a corner lot.
21.11 Landscaping
a)
Subject to this section, the owner of a lot developed for residential purposes shall
landscape
i)
the front yard of the main building; and
ii)
that portion of the lot within 1.6 m (5 ft) of any building thereon.
b)
For the purposes of this section, landscaping
i)
shall include all grading necessary to divert surface water from the dwelling
and in so far as is reasonably possible, to contour the front yard to the surrounding
terrain, together with the installation of a lawn having a minimum of three inches of
topsoil; and
ii)
may include the placement of such paths, patios, walkways, trees, ornamental
shrubs, vines and flowers as are not prohibited by this or any other by-law, rule or
regulation.
c)
Notwithstanding subsection (1) the front yard mentioned therein may be used to a
reasonable degree for the purposes of walks and driveways for access to the main building or
Town of Nackawic Zoning By-Law 16
Town of Nackawic Zoning By-Law 17
other use on the lot.
22.
R2 Zone - Multiple Family Residential
Permitted Uses
22.1
Any land, building or structure zoned "Multiple Family Residential Dwelling" may be used for the
purposes of, and for no other purpose,
a)
one or more of the following main uses:
i)
a multiple dwelling (varying from two to twelve dwellings);
ii) a single family dwelling;
iii)
a park or playground;
b)
any accessory building, structure or use incidental to the main use of the land, building
or structure if such main use is permitted by this section;
c)
higher forms of residential density shall require the negotiations of a land use
agreement between the developer and council in accordance with the provisions of section 39
of the New Brunswick Community Planning Act.
22.2
No building or structure may be placed, erected or altered unless the lot contains
a)
if serviced by public sewer,
i)
a width of at least 40 m (131 ft) plus 5 m (16.5 ft) for each dwelling unit in excess
of two;
ii)
a depth of at least 35 m (115 ft); and
iii)
an area of at least 1600 sq m (17216 sq ft) plus 102 sq m (726 sq ft) for each
dwelling in excess of two.
b)
if serviced by a private sewage disposal system and has been approved by the
department of public safety, the lot contains,
(i)
a two family dwelling:
(1)
a width of at least 59 metres abutting a public street, and
(2)
an area of at least 5,350 square metres;
(ii)
a three family dwelling:
(1)
a width of at least 63 metres abutting a public street, and
Town of Nackawic Zoning By-Law 18
(2)
an area of at least 6,700 square metres;
(iii)
a multiple family dwelling:
(1)
a width of at least 68 metres abutting a public street, and
(2)
an area of at least 8,050 square metres.
22.3
Size of Dwellings and Dwelling Units
a)
No multiple dwelling may be placed, erected or altered so that it contains a dwelling unit
with a floor area less than
i)
32 sq m (344 sq ft), for a bachelor apartment;
ii)
41 sq m (441 sq ft), for a one-bedroom dwelling unit;
iii)
57 sq m (613 sq ft), for a two-bedroom dwelling unit; or
iv)
64 sq m (688 sq ft), for a dwelling unit containing three or more bedrooms.
22.4
No dwelling or main building may be placed or erected unless its minimum ground floor area
conforms to section 21.5.
22.5
For the purposes of this section, ground floor area or floor area does not include garages, carports,
porches, verandas, breeze ways, approach halls or, except for those completely contained in a dwelling
unit, stairways.
22.6
Yards for a Main Building or Structure
a)
Subject to section 12, no main building or structure may be placed, erected or altered
so that it is
i)
within 7.5 m (25 ft) of a street property line;
ii)
within 3 m (10 ft) of a side lot line; or
iii)
within 7.5 m (25 ft) of the rear lot line.
22.7
Height of a Main Building or Structure
a)
No main building or structure may exceed 11 m (35 ft) in height.
22.8
Accessory Buildings and Structures
a)
The provisions of section 21.9 with respect to accessory buildings and structures apply.
Town of Nackawic Zoning By-Law 19
22.9
Landscaping
a)
The provisions of section 21.11 with respect to landscaping apply.
23.
RM Zone - Mobile & Mini Homes
Permitted Uses
23.1
Subject to this section, any land zoned "Mobile & Mini Homes" may be used for the purposes of,
and for no other purpose,
a)
a mobile home and or mini home lot or park;
b)
any accessory building, structure or use incidental to the main use of the land and
permitted by in section 14; and
c)
a park or playground.
23.2
Lots
a)
a person shall not use any land for a purpose mentioned in subsection (1) unless such
land is serviced by municipal sewer and water services and paved streets;
b)
no mini home may be located on a lot unless such lot has and contains
i)
internal lots - an area of 370 sq m with a minimum width of 12 m;
ii)
corner lots - an area of 460 sq m with a minimum width of 15 m;
iii)
a depth of at least 30.8 m;
c)
no lot may be used for the purpose of a park or playground unless it has and contains
dimensions at least as great as those mentioned subsection (2b).
23.3
Size of Dwellings and Dwelling Units
a)
No mobile home or mini home may be located on a lot unless such home has a gross
floor area of at least 70 sq m.
23.4
Set-Back and Side Yards
a)
No mobile home or mini home may be located on a lot so that it is within
i)
7.5 m of the boundary of a street line; or
ii)
2.0 m from a side line or rear line.
Town of Nackawic Zoning By-Law 20
C Zones
24.
C Zone - Core Area Commercial
Permitted Uses
24.1
Any land, building or structure may be used for the purposes of, and for no other purpose,
a)
retail or wholesale commercial stores;
b)
an office;
c)
a library;
d)
a financial institution;
e)
a restaurant or take out;
f)
a service shop;
g)
a tavern or lounge;
h) a fitness centre;
I)
a medical or Dental Clinic; or
J)
a park or community garden;
24.2
Except for gasoline pumps at a service station or gas bar, or for short-term promotion, no use
permitted under this section may be established or conducted other than in a completely enclosed
building;
a) exceptions to this may be made for food trucks, or restaurant patios.
24.3
Any other use which is similar to a use mentioned in subsection (1) will be permitted if approved
by the P.R.A.C. and subject to terms and conditions as may be imposed by the P.R.A.C.
24.4
Where applicable, all general commercial development shall be serviced by municipal water and
sewage.
25.
HC Zone - Highway Commercial
Permitted Uses
25.1
Any land, building or structure zoned "Highway Commercial" may be used for the purposes of, and
for no other purpose,
a)
one or more of the following main uses:
Town of Nackawic Zoning By-Law 21
i)
an automobile sales room or sales lot;
ii)
a motel;
iii)
a restaurant;
iv)
a service station or public garage;
v)
a retail business in an individual structure on a separate site;
b)
any accessory building, structure or use incidental to the main use of the land, building
or structure if such main use is permitted by this subsection.
25.2
Any other use which is similar to a use mentioned in subsection (1) will be permitted if approved
by the P.R.A.C. and subject to terms and conditions as may be imposed by the P.R.A.C.
25.3
Lot Sizes
a)
No main building or structure may be placed, erected or altered, and no building
or structure may be altered to become a main building or dwelling on a lot unless the lot has and
contains
i)
a width of at least 54 m (177 ft);
ii)
a depth of at least 73 m (240 ft); and
iii)
an area of at least 4,000 sq m (43,040 sq ft).
25.4
Yards for a Main Building or Structure
a)
Subject to section 12 no main building or structure may be placed, erected or altered so
that it is
i)
within 15 m (49 ft) of a street line;
ii)
within 3 m (10ft) of a side lot line;
iii)
within 15 m (49 ft) of the rear lot line; or
iv)
within 30 m (100 ft) from a shoreline.
25.5
Height of a Main Building or Structure
a)
The provisions of section 21.8 and 21.9 apply to the height of a main building or
structure and to accessory buildings.
Town of Nackawic Zoning By-Law 22
25.6
Landscaping
a)
The provisions of section 21.11 with regards to landscaping apply.
26.
I Zone - Industrial
Permitted Uses
26.1
Any land, building or structure zoned "industrial" may be used for the purposes of, and for no
other purpose,
a)
one or more of the following main uses:
i)
warehouse or wholesaling establishment;
ii)
subject to subsection (2), a manufacturing or processing establishment;
iii)
a heavy trucking garage or mechanical maintenance shop;
iv)
oil storage tanks; or
v)
auto body shops.
26.2
A use mentioned in subclause (ii) of clause (a) of subsection (1) is permitted only if approved by the
P.R.A.C. and only on compliance with such terms and conditions as may be imposed by such committee.
27.
INST Zone - Institutional
Permitted Uses
27.1
Any land, building or structure zoned "institutional" may be used for the purposes of, and for no
other purpose,
a)
one or more of the following main uses:
i)
a building intended for public assembly or for social, cultural or recreational
activities;
ii)
an educational building;
iii)
a hospital or health building;
iv)
a library or museum;
v)
a municipal or governmental building;
vi)
a religious or secular building;
vii)
a graveyard and/or a crematorium; and
Town of Nackawic Zoning By-Law 23
viii) a park or community garden
b)
any accessory building, structure or use incidental to the main use of the land, building
or structure if such main use is permitted by this subsection.
P Zones
28.
P1 - Public Recreation
Permitted Uses
28.1
Any land, building or structure zoned "Public Recreation" may be used for the purposes of, and for
no other purpose,
a)
one or more of the following main uses:
i)
public open space for the aesthetic or other use of the general public;
ii)
a public park or public playground; and
b)
any accessory building, structure or use incidental to the main use of the land, building
or structure if such main use is permitted by this section.
29.
P2 - Private Recreation
Permitted Uses
29.1
Any land, building or structure zoned "Private Recreation" may be used for the purposes of, and
for no other purpose,
a)
one or more of the following main uses:
i)
open space for aesthetic use;
ii)
a private park or private playground; and
b)
any accessory building, structure or use incidental to the main use of the land, building
or structure if such main use is permitted by this section.
Town of Nackawic Zoning By-Law 24
30.
RUR Zone - Rural
Permitted Uses
30.1
Subject to subsection (2), any land, building or structure zoned "Rural" may be used for the
purposes of, and for no other purpose,
a)
one of the following main uses:
i)
a single-family dwelling;
ii) a mini or mobile home;
iii)
a forestry or agricultural use;
iv)
a recreational use; and
b)
any accessory building, structure or use incidental to the main use of the land, building
or structure if such main use is permitted by this section.
30.2
A dwelling shall not be placed, erected or altered so that it contains more than one dwelling
unit.
30.3
Lot Sizes
a)
No main building or structure may be placed, erected or altered, and no building or
structure may be altered to become a main building or a dwelling on a lot unless the lot has and
contains
i)
a width of at least 54 m (177 ft);
ii)
a depth of at least 73 m (240 ft); and
iii)
an area of at least 4,000 sq m (43040 sq ft).
30.4
Size of Dwellings
a)
The provisions of subsection (a) of section 21.5 with respect to size of dwellings apply.
30.5
Yards for a Main Building or Structure
a)
The provisions of section 21.7 shall apply.
30.6
Height of a Main Building or Structure
a)
The provisions of section 21.8 with respect to the height of a main building or structure
apply.
Town of Nackawic Zoning By-Law 25
30.7
Accessory Buildings or Structures
a)
The provisions of section 21.9 with respect to accessory buildings and structures apply.
31.
WP Zone - Wellfield Protection Area
Permitted Uses
31.1
Lands surrounding the Town's water wells and sewage treatment plants have been designated as
"Wellfield Protection Area" on the zoning map. Notwithstanding any other provisions of this by-law;
a)
no new residential development shall be permitted within the wellfield protection area;
b)
only facilities directly related to water production or sewage treatment shall be
permitted within this zone;
c)
the following uses of the land therein may be permitted with the notification of the
provincial department of Public Health and upon such terms and conditions as may be imposed
by the Regional Service Commission 11 Planning Review and Adjustment Committee provided no
permanent structures other than fences are required for the described use:
i)
Agriculture;
ii)
Park Land;
iii)
Recreation.
Schedule A: Zoning Map
McNair
Snowball
Harding
Pugsley
McLaren
Doyle
Landegger
Otis
Todd
Bird
Clark
Clarence
Otis
Otis
Hawkshaw Bridge
Pinder
Trenholm
Smythe
105
102
105
605
Rossville
S a i n t
J o
h
n
R i v e
r
Na
ck
a
wic
Str
ea
m
Carleton
Otis
Old Bridge
Parish of Southampton
Parish of Queensbury
Parish of Southampton
Parish of Dumfries
Town Limits
Town Limits
Town Limits
McNair
Wilmot
Boyd
McLaren
Clearview
Culliton Cove
Stanley
105
4
Scale 1:8,000
0
0.5
1
1.5
0.25
kms
Schedule A
Town of Nackawic
Zoning Map
Prepared by Regional Service Commission 11
Produced by Jonathan Dixon
Verified by Dallas Gillis
For the original map, please refer to the office
of the registrar or service commission.
March 2017
Single-Family Residential
Multiple-Family Residential
Mobile Home
Core-Area Commercial
Industrial
Highway Commercial
Institutional
Public Recreation
Private Recreation
Well Field Protection Area
Rural
Zoning
Town of Nackawic Zoning By-Law 27
Schedule B: Setbacks Diagram
Single Family Residential Zone (with public sewer connection):
Single Family Residential Zone (without public sewer connection):
The following illustrations demonstrate minimum lot sizes, setbacks, and the maximum heights of
buildings and structures. For additional specifications regarding minimum dwelling sizes, minimum lot
area, maximum lot occupancy, and other considerations, please view the relevant sections of the Zoning
By-Law.
Town of Nackawic Zoning By-Law 28
Multiple Family Residential Zone:
Rural Zone:
Schedule B Continued
Town of Nackawic Zoning By-Law 29
Schedule C: Commercial and Industrial Development Diagram
Illustrated example of the Commercial and Industrial Development Abutting a Residential Zone
requirements. For further information, see section 10, on page 8.