By-Law 522 — Zoning — full text

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## TOWN OF OROMOCTO ZONING BYLAW Zoning Bylaw/April 20, 2017 - Bylaw 522, Schedule "A" & "B"  ## TOWN OF OROMOCTO ZONING BYLAW ## Town of Oromocto Zoning Bylaw 522 Created by the Planning & Compliance Branch with help from Stantec Consulting Ltd.  I certify that this Instrument is registered or filed in the Sunbury county Reglstry Offic New Brunswick J'attente que cet instrument est onregiatré ou déposé au bureau de l'enregistrement du comté de Nouveau-Brunswick lepril, 26. ,2017 16:22 36928191 date/data Time/heure number/numero Registrar-Conservateur teddy  ## TOWN OF OROMOCTO ZONING BYLAW ## Table of Contents | 1.0 SCOPE............ | 1.0 SCOPE............ | .. 1.2 | |-----------------------------------------------------------|-----------------------------------------------------------|----------------------| | 1.1 | POWERS OF THE COUNCIL | .1.2 | | 1.2 | SPECIAL POWERS OF THE PLANNING ADVISORY COMMITTEE | ..1.3 | | 1.3 | SPECIAL POWERS OF THE DEVELOPMENT OFFICER | .1.4 | | 1.4 | FEES | .1.4 | | 1.5 | AMENDMENTS | .1.4 | | INTERPRETATION..... | INTERPRETATION..... | ....2.1 | | 2.1 | DEFINITIONS | 2.2 | | 3.0 ZONING CLASSIFICATIONS ......... | 3.0 ZONING CLASSIFICATIONS ......... | ..3.1 | | 3.1 | RESIDENTIAL ZONE ONE (R-1) | 3.5 | | 3.2 | RESIDENTIAL ZONE TWO (R-2) | ..3.5 | | 3.3 | RESIDENTIAL ZONE THREE (R-3) | 3.6 | | 3.4 | RESIDENTIAL MINI-HOME ZONE (RMH) | .3.7 | | 3.5 | LIMITED USE RESIDENTIAL (LUR) | .3.7 | | 3.6 | LOCAL COMMERCIAL ZONE (LC) | 3.8 | | 3.7 | TOWN CENTRE ZONE (TC) | . 3.9 | | 3.8 | HIGHWAY COMMERCIAL ZONE (HC) | 3.10 | | 3.9 | INSTITUTIONAL ZONE (INST) | 3.11 | | 3.10 | INDUSTRIAL ZONE (IND) .... | 3.12 | | 3.11 | TRANSPORTATION AND LIGHT INDUSTRIAL ZONE (TPIND) | 3.13 | | 3.12 | PARK (P)...... | 3.15 | | 3.13 | CROWN LAND (CL) | 3.16 | | 3.14 | OROMOCTO RESERVE LAND (OR) | 3.16 | | 3.15 | INTEGRATED DEVELOPMENT (ID). | 3.16 | | 3.16 | ADULT ENTERTAINMENT ZONE (AE) | 3.18 | | 3.17 | LOT AND BUILDING REQUIREMENTS | 3.19 | | GENERAL PROVISIONS..... | GENERAL PROVISIONS..... | ..4.1 | | OTHER PROVISIONS | OTHER PROVISIONS | ..5.1 | | 5.1 | ACCESSORY BUILDINGS AND STRUCTURES | 5.1 | | 5.2 | TEMPORARY STORAGE SHELTER | 5.2 | | 5.3 | FENCES | .5.2 | | 5.4 | SWIMMING POOLS | 5.3 | | 5.5 | SIGNS | 5.5 | | 5.6 | PARKING AND DRIVEWAY REQUIREMENTS | 5.9 | | 5.7 | HOME OCCUPATION | 5.14 | | 6.0 ZONES UNDER SECTION 39 OF THE COMMUNITY PLANNING ACT. | 6.0 ZONES UNDER SECTION 39 OF THE COMMUNITY PLANNING ACT. | ...6.1 | | 7.0 ENFORCEMENT........... | 7.0 ENFORCEMENT........... | .................7.1 | | 8.0 BYLAW REPEALED.. | 8.0 BYLAW REPEALED.. | ...8.1 |  ## 1.0 SCOPE This Bylaw may be cited as "The Town of Oromocto Zoning Bylaw". This Bylaw: - (1) divides the town municipality into zones as shown on the "Town of Oromocto Zoning Map" forming part of this Bylaw as "Schedule A"; - (2) prescribes, subject to powers reserved with the Planning Advisory Committee: 3. (a) the purposes for which land, buildings and structures within any zone may be used; - b) standards to which land use, and the placement, erection, alteration, and use o uildinas and structures must contorm; anc - (3) prohibits the use, placement, erection, or alteration of land, buildings, or structures other than in conformity with the purposes and standards mentioned in subsection 2 ## 1.1 POWERS OF THE COUNCIL - (1) No building may be erected in the town for which, in the opinion of the Council, satisfactory arrangements have not been made for the supply of electric power, potable water, sanitary sewerage, storm water control, streets, and other services or - (2) When, in its opinion, a building or structure is dilapidated, dangerous, or unsightly, the Council may: - 0) reduire the improvement. removal. or demolition of such buildina or structure a he expense of the owner thereof o 4. (b) at its discretion, acquire the parcel of land on which such building or structure is located. - (3) Subject to subsection 4 of this section, within any zone mentioned, the Council may: 6. (a) designate land to be used for the location or erection of any installation for the supply of electricity, telecommunications, natural gas, water, sanitary, or storm sewers, or for the treatment or disposal of sewerage wastes; and 7. (b) use land designated under preceding subsection (a) for a purpose therein mentioned. - (4) No land may be designated or used for the purposes of subsection 3 of this section unless, in the opinion of the Council: 9. (a) such land is essential to the operation of the services concerned; and  ## TOWN OF OROMOCTO ZONING BYLAW - (b) any development thereon in a residential zone is adequately screened from public view or such development is of compatible design with adjacent structures. - (5) Notwithstanding any other provision of this Bylaw, the Council may, in its discretion, allow a developer of a building or structure to pay to the Town a prescribed fee as set by council identified in Schedule "B" in lieu of providing the off-street parking required hereunder. ## 1.2 SPECIAL POWERS OF THE PLANNING ADVISORY COMMITTEE - (1) No building or structure may be erected on any site where it would otherwise be permitted under this Bylaw when, in the opinion of the Planning Advisory Committee, the site is marshy, a wetland, subject to flooding, excessively steep or otherwise unsuitable by virtue of its soil or topography. - (2) The Planning Advisory Committee may, subject to such terms and conditions as it considers fit: 3. (a) permit a development otherwise prohibited by this Bylaw for a temporary period not exceeding one year; 4. (b) permit the development in preceding subsection (a) for an additional one- year period falling within Section 34(3)(h)(i. 1) of the Act. 5. (C) require the termination or removal of a development authorized under preceding subsections a and b at the end of the authorized period; 6. (d) permit a proposed use of land or a building that is otherwise not permitted under the Zoning Bylaw if, in its opinion, the proposed use is sufficiently similar to or compatible with a use permitted in the Bylaw for the zone in which the land or building is situated; or 7. (e) grant such reasonable variance from the requirements of this Bylaw falling within Section 34(3)(a) of the Act as, in its opinion, is desirable for the development of a parcel of land or a building or structure, and is in accord with the general intent of the Bylaw and any plan or statement hereunder affecting such development. - (3) The Planning Advisory Committee delegates its authority in subsection 2(a) of this section to the Development Officer. - (4) The Planning Advisory Committee delegates its authority to the Development Officer to permit a reasonable variance under Section 35(2) of the Act. - (5) If the Planning Advisory Committee has made a determination with respect to a request for a variance, a request with respect to the same variance shall not be made to the Development Officer.  ## TOWN OF OROMOCTO ZONING BYLAW ## 1.3 SPECIAL POWERS OF THE DEVELOPMENT OFFICER - (1) The Development Officer may, subject to the terms and conditions that he or she considers fit, permit a reasonable variance from the requirements of this Bylaw falling within Section 34(3) (a)i), (ili), (iv), (V), (vii), (ix), or (xili) of the Act, if the Development Officeris of the opinion that the variance is desirable for the development of a parcel of land or a building or structure and accords with the general intent of the Bylaw and any plan or statement hereunder affecting such development. - (2) If the Development Officer has made a determination with respect to a request for a variance, a request with respect to the same variance shall not be made to the Planning Advisory Committee. - (3) The Development Officer may delegate the power to permit a variance under section 1 of this section. ## 1.4 FEES Council shall adopt, and may from time to time amend by resolution, a fee schedule to be appended to the By-Law as Schedule "B". ## 1.5 AMENDMENTS - (1) A person who seeks to have this Bylaw amended shall: 2. (a) address a written and signed application in duplicate therefore to the Council or the Planning Advisory Committee; and 3. (b) pay a prescribed fee identified in Schedule "B", which may include additional fees also prescribed in Schedule "B" should the application require an amendment to the Municipal Plan. - (2) The Council may, if it deems fit, return all or any part of the fee mentioned in subsection 1(b) of this section. - (3) An application under this section shall include such information as may be required by the Council or the Planning Advisory Committee for the purpose of adequately assessing the desirability of the proposal. - (4) The Council may refuse to consider an application under this section if such application: 7. (a) seeks to re-zone an area of land from one type of zoning to another; or 8. (b) has not been signed by one or more owners of each property in the area mentioned in preceding subsection (a). - (5) Before giving its views to the Council with respect to an application under this section, the Planning Advisory Committee may carry out such investigation as it deems necessary.  ## TOWN OF OROMOCTO ZONING BYLAW - (0) Unless, on the advice of the Planning Advisory Committee, the Council is of the opinion that 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: 2. (a) in the case of re-zoning, is in respect of the same area of land with which the original application was concerned; or 3. (b) not being in relation to rezoning is similar to the original application.  ## 2.0 INTERPRETATION ## (1) System of Division (a) This system of division of the provisions of the bylaw is as follows: 2.0 Section (Arabic numeral) (1) Subsection (bracketed Arabic numeral) (a) clause (bracketed lower-case letter) (i) subclause (bracketed lower-case Roman numeral) 1. paragraph (Arabic numeral) - (b) Despite clause (a), a reference to or citation of any of the above divisions as a "section" or "subsection" does not invalidate that reference or citation, if the reference or citation is otherwise correct. ## (2) Clarification of Words - (a) The word "shall" is mandatory and not permissive. Words used in the present tense shall include the future; words used in the singular number shall include the plural, and words used in the plural number shall include the singular. The word "used" shall include "intended to be used", "arranged" and "designed". All other words shall carry their customary meaning except for those defined ## (3) Other Bylaws, Permits & Licenses - (a) Nothing in this bylaw shall relieve any person from the obligation to comply with the requirements of any bylaw of the Town of Oromocto from time to time, or the obligation to obtain any license, permit, authority or approval required under any bylaw of the Town of Oromocto. In the event of conflict between this bylaw and any other bylaw (except the Town of Oromocto Municipal Plan), the most restrictive bylaw shall prevail. ## (4) Calculation of Numerical Requirements - (a) All numerical requirements in this bylaw are provided in metric units of measurement. Imperial units of measurement, where provided, are for user convenience only. Where a discrepancy between metric and imperial measurements occurs, the metric measurement shall prevail. ## (5) Measurements In this bylaw, unless otherwise stated: (a) metric fractions of one-half (0.5) or greater must be rounded up to the nearest whole number and fractions of less than one-half (0.5) must be rounded down to the nearest whole number; but (b) any fraction must be rounded down to the nearest whole number for the purposes of calculating the maximum number of units allowed on a lot,  ## TOWN OF OROMOCTO ZONING BYLAW - (C)regulations in this bylaw provided to one decimal place must not be rounded to whole numbers; - (d) when measuring a required distance between a property line and a building or structure or between 2 buildings or structures, the measurement is made at the least distance between the two; - (e) all measurements and distances must be made along horizontal planes and not by following the topography or slope of the land; - (f) the parking section identifies additional rules for off-street parking and off-street loading regulations, which prevail in that context. ## 2.1 DEFINITIONS In this Bylaw, any word that is italicized is defined and shall be interpreted as follows: - "abut" means to be located next to and, pursuant to the Act, having access thereto directly. - "access" means an access, exit, or driveway from a street to a lot. - "accessory building" means a subordinate building located 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. - "Act" means the Community Planning Act, RSNB, c. C12 as amended. - "adult entertainment facility" means an establishment where service or entertainment appealing to, or designed to appeal to, an erotic or sexual appetite or inclination is provided. - "adult retail outlet" means an establishment where 20% or more of the floor area offers any of the following: - (a) books, magazines, periodicals, photographs, videos, or other visual representations that are related to or portray as relating to any nudity or sexual activities; or - (b) instruments, devices, or paraphernalia designed for use in connection with sexual activities. - "agricultural use" means the use of any land, building, or structure, other than a kennel. for the production of farm products such as dairy products, livestock, field, or forestry crops, or the breeding and handling of animals, and includes retail or market outlets for sale of perishable agricultural goods or for the handling of animals. - "alteration" means any change structurally or otherwise in a building or structure that is not for purposes of maintenance. - "animal shelter" means an establishment that provides care and veterinary service to lost, abandoned, or neglected animals.  ## TOWN OF OROMOCTO ZONING BYLAW "bed and breakfast/tourist home" means a portion of an owner occupied single detached dwelling in which overnight accommodation and meals are provided for the traveling public. "building" means any roofed structure used or built for the shelter, accommodation, or enclosure of persons, animals, materials, or equipment, and includes any vessel or container used for any of the foregoing purposes. "bulk fuel station" means an establishment for the storage and distribution of petroleum products in bulk quantities, which may include vehicle storage and key-lock pumps, but does not include retail sales or processing. "carport" means a building or structure without walls on at least two sides used for the parking or storage of a motor vehicle. "car wash" means a building or part of a building containing one or more wash bays, attended or unattended by staff, wherein vehicles are washed. "cemetery" means land primarily used for interment of human remains and where chapels, churches, crematoria, maintenance, and related facilities may be incorporated as accessory uses. "child day care home" means a home in which care and supervision of children is provided for a period of less than twenty-four hours in a day, for a maximum of six children (including those of the owner/operator) of whom not more than three children may be less than age two years. "club" means a building or portion thereof owned or operated by an organization for a social, literary, political, educational, or recreational purpose for the use of members and their invited guests. A club shall also include fraternal and service organizations. "commercial vehicle" means a vehicle that is licensed as a commercial vehicle under the Motor Vehicle Act. This would include such non-private passenger vehicles such as, but not limited to, an authorized emergency vehicle, bus, farm tractor, non-repairable vehicle, road tractor, semi-tractor, or taxicab. "community service outlet" means a building that provides services by government, volunteers or a not for profit organization intended to benefit the community or its institutions. "Crown land" means land vested in the Crown in the Right of Canada. - "day care centre" means an establishment for the provision of care and supervision to children, as regulated under the Family Services Act, RSNB, c. C12 as amended. "development" means "development" as defined in the Act. "development officer" means the municipal planning officer appointed under Section 16(1) of the Act. "distribution centre" means an establishment or use designed to receive and store large quantities of products and ship smaller quantities to individual retailers, wholesalers, or directly to consumers.  ## TOWN OF OROMOCTO ZONING BYLAW "drive-thru" means an establishment or accessory use designed to provide either wholly or in part, services or products to customers while in their automobiles. "dwelling" means a building or part of a building containing dwelling units). "dwelling unit" means a room or a suite of two or more rooms for the use, or intended for the use, by one or more individuals that contains a kitchen, living, sleeping and sanitary facilities. "educational establishment" means an establishment providing academic or technical instruction. "electronic message board display" means a sign in or on which information that is displayed can be changed automatically by means of the electronic switching of lamps or illuminated tubes, and includes digital sign, HDTV or video wall sign, LED sign, and any other type of electronic media sign. "establishment" means a building, structure, lot or part of any of the foregoing where an activity or use is occurring. "fence" means an above ground barrier used as a boundary or a means of protection or enclosure. "floor area" means the space on a floor in a building or structure measured between the exterior faces of the exterior walls or firewalls. The gross floor area is the aggregate of all the floor areas above or below grade. "food service" means a use where prepared food is sold for consumption off the premises and may include a delivery service. "garage" means an accessory building or part of a main building or structure capable of being used for the storage of a motor vehicle. "garden suite" means any secondary use to a one-unit dwelling where another dwelling unit is established in a separate building on the same lot. Except as otherwise provided by this Bylaw, a garden suite is considered the same as an accessory building. "gas bar" means an establishment, other than an automotive repair outlet, where motor vehicle fuel and other liquids necessary for the operation of a vehicle are sold to the general public, and may include the sale of convenience items. "grade" means the average elevation of the finished ground surface adjacent to a building or structure, excluding localized depressions such as a pedestrian or vehicle entrance. "greenhouse" means a structure, which is clad in glass, sheets of clear plastic or a transparent material, in which temperature and humidity can be controlled for the cultivation or protection of plants. "height" means the vertical distance measured from the grade to the highest point on a building or structure, including the highest point of any roof or surface. "home occupation" means a secondary use in a portion of a dwelling unit in which a business is conducted by the occupant of the dwelling unit.  ## TOWN OF OROMOCTO ZONING BYLAW "hospital" means a facility that provides short or long term medical and health care, and includes overnight stays, surgery, laboratory, or diagnostic services for treating human illness, disease, and injury. "hotel/motel" means a commercial establishment providing temporary lodging for travellers or transients in independent living quarters, and may include a public dining room and convention room, but does not include a hostel or rooming house. "in-law suite" means a self-contained living unit within the main single detached dwelling used for the accommodation of a family member of the owner of the main dwelling. "kennel" means a building or structure used for the enclosure of animals kept for a commercial purpose, and may include premises used for the breeding, raising, training. sheltering, or boarding, or the overnight accommodation of dogs, cats, or other household pets, but shall not include a veterinary clinic/hospital. "light manufacturing" means an establishment that manufactures a finished product predominantly from previously prepared materials and accessory uses, including but not limited to incidental storage, packaging, and sales. "loading space" means an area of land provided and maintained on the same lot or lots on which the main use is located that 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 vehicle. "local convenience centre" means a combination of two or three retail uses such as, but without limiting the generality of the foregoing, a bank or financial institution, an office, a convenience store, a personal service shop, a restaurant, excluding drive-thru, or similar uses contained within one building. "lot" means one parcel of land described in a deed or subdivision plan, used or oroposed to be used as the site of a building or structure or appurtenance thereto in relation to which the following definitions shall apply: - (a) "lot area" means the total horizontal area within the lot lines of a lot, or the combined total horizontal area within the boundary lines of all part lots associated with a semi-detached dwelling or townhouse dwelling; - (b) "lot, corner" means a lot situated at the intersection abutting two or more streets; - (c) "lot coverage" means the percentage of lot area covered by buildings and structures above established grade, but does not include uncovered swimming pools, unenclosed porches, patios, sundecks, and above ground pool decks; - (d) "lot depth" means the horizontal distance between the front and rear lot lines of a lot when these lines are parallel, or the length of a straight line joining the middle of the front lot line with the middle of the rear lot line when the front and rear lot lines are not parallel; - (e) "lot frontage" means the horizontal distance between the side lot lines of an interior lot as measured along the front lot line, or the horizontal distance  ## TOWN OF OROMOCTO ZONING BYLAW between the side lot line and a hypothetical point of intersection of the front and flankage lot lines of a corner lot determined by extension of a straight line; - (f) "lot, interior" means a lot other than a corner or through lot; - (g) "lot line" means a common line between a lot and an abutting lot, lane, street, parcel of land, or body of water; - (h) "lot line, flankage" means a side lot line that abuts the street on a corner lot, - (i) "lot line, front" means the line dividing the lot from the street. In the case of a corner lot, the shorter lot line abutting the street shall be deemed to be the front lot line; - ) "ot line, rear" means the lot line farthest from or opposite to the front line; - (k) "lot line, side" means a lot line other than a front, flankage, or rear lot line; and - (1) "lot, through" means a lot bounded on two opposite sides by streets or roads. See Section 3.17 for further information on lot requirements. "marina" - means a public or private docking facility for watercraft and may include services and supplies for small pleasure craft and may include the dispensing of fuel. "massage parlour" means an establishment where, for any form of consideration, massage is administered to the human body for sexual pleasure. "medical marihuana production facility" means a federally-licenced facility used for the cultivation, processing, testing, destruction, packaging of marihuana used for medical purposes as permitted under the federal government's Marihuana for Medical Purposes Regulations or any subsequent legislation which may be enacted in substitution thereof. "mini-home" means a prefabricated or "factory-built" moveable dwelling other than a mobile home containing 1 dwelling unit designed to be transported on its own frame and is connected to utilities and designed for year-round living. "mobile home" means a trailer having a total floor space of not less than 45 square metres and containing a water closet and a bath or shower, or as defined in the Municipalities Act. "municipal service centre" means a client service centre operated by the Town and may include such services as tourist centres, public works, police and fire services. "office" means an establishment where business may be transacted, a service performed or consultation given but shall not include the manufacturing of any product or the retail selling of goods. "outdoor display court" means an area of land where goods are displayed which are available for sale to the general public from a retail outlet located on the same lot and, without limiting the generality of the foregoing, outdoor display court includes the display of cars, trucks, vans, motor homes, trailers, boats, snowmobiles, motorcycles, swimming pools, decorative fountains, and prefabricated cottages and homes.  ## TOWN OF OROMOCTO ZONING BYLAW "outdoor storage" means the storage of merchandise goods, inventory, materials or equipment, or other items, other than an outdoor display court, by locating them on a lot exterior to a building. "parking lot" means an open area of land other than a street or an area within a structure for the parking of vehicles and includes any adjoining access or driveway. "parking space" means an area reserved for the parking of an individual vehicle often referred to as a stall, but does not include any part of a parking aisle or driveway. "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" means an establishment providing clothes cleaning or personal grooming service such as, but not limited to, an aesthetician, barbershop, beauty salon, clothes alteration, repair, or manufacture for individuals, dry cleaning depot or shop, hairdresser, laundry service, shoeshine, or shoe repair, but excludes the fabrication or manufacturing of goods for retail or wholesale distribution. A personal service may also include an establishment providing pet grooming. "pet grooming" means an establishment where animals are groomed and washed and may include the ancillary sale of products related to this service, but does not include any associated outdoor kennel or overnight accommodation. "Planning Advisory Committee" means the Town of Oromocto Planning Advisory Committee established under Section 12 of the Act. "recycling depot" means a building used for the deposit, collection, and handlings of waste paper, rags, bottles, or other materials that are to be delivered wholesale to other operations for reclamation, processing, or salvage. "research and development facility" means an establishment for scientific research, investigation, testing, or experimentation. "residential care facility" means a building or place or part of a building in which accommodation and nursing, supervisory, and/or personal care is provided, or is made available for more than three persons with social, health, legal, emotional, mental, or physical disabilities or problems, and includes such facilities as are licensed under the Family Services Act, or any other Provincial legislation, but does not include any public or private hospital or sanatorium, or a jail, prison or reformatory, or a hostel. "restaurant" means a building or any portion thereof designed or used primarily for the service of, and consumption of food by customers within such building or portion thereof, and includes a cafeteria. "retail store" means a building or part of a building in which goods, wares, merchandise, substances, articles, or things are offered for sale directly to the public at retail value and shall include minor food processing and packaging in connection with the sale of food products; "service shop" means a building or part of a building used for the sale and repair of household articles, and shall include glass replacement shops, and radio, television, and  ## TOWN OF OROMOCTO ZONING BYLAW appliance repair shops but shall not include industrial uses or manufacturing or motor vehicle repair shops, and shall not include vehicles designed and intended to serve as industrial vehicles, heavy equipment, or tractor trailers. "service station" means a building or part of a building used for the retail sale of lubricating oils and gasoline, and may include the sale of automobile accessories, the minor servicing and general repairing of motorized vehicles, and vehicle washing establishments. "shopping centre" means a commercial development exceeding 1,500 square metres in building area consisting of more than one business establishment, which is operated and controlled as a unit, and characterized by common parking, driveways, and landscaped areas. "sign" means any display of advertisement, placard, billboard or other form or means or device whatsoever of public notice or announcement whether erected, placed, or painted on the exterior of a building or on a property: - (a) "sign, billboard" means a ground sign that displays third party advertising; - (b) "sign, fascia" means a flat sign, other than a roof sign or projecting sign, which is attached to and supported by a building wall face; - (c) "sign, freestanding" means a sign, other than a portable sign, supported independently of a building and permanently fixed to the ground with a foundation; - (d) "sign, sandwich board" means a two-sided A-frame style self-supporting sign that is not permanently affixed to the ground and is designed to be moveable; - (e) "sign, portable on premises" means a sign that is not permanently affixed to a building, other unmovable structure, or the ground. The sign is relating to a business, commodity, service, or entertainment offered on the premises for where such sign is located; - (f) "sign, subdivision" means a temporary sign, which displays the design layout of a proposed or developing subdivision project, indicating the name of the subdivision, the names of the architects, engineers, landscape architects, contractors, or similar artisans and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the project. "storey" means that portion of a building situated between the top of any floor and the top of the next floor above it and, if there is no floor above it, the portion between the top of such floor and the ceiling above it. "storey, first" means the uppermost storey having its floor level not more than 2 metres above grade as defined in the National Building Code of Canada. "street or road" means the whole and entire right-of-way of every highway, street, or road allowance vested in the Government of Canada, Province of New Brunswick, or the Town of Oromocto. "street line" means the boundary line of a street.  ## TOWN OF OROMOCTO ZONING BYLAW "structure" means anything erected or constructed upon, under, or above the ground, or anything attached to something located upon, under, or above the ground other than a building. "swimming pool" means an artificial body of water used for swimming and related activities that is capable of containing a depth of water greater than 0.6 metres, but does not include a hot tub or spa, storm water management pond, a watercourse, or a natural body of water. "temporary use" means a permitted or approved discretionary use intended for a limited duration, which shall be specified. "temporary storage shelter" means a commercially manufactured collapsible assembly covered with vinyl, plastic, or other flexible material coverings used for the purpose of temporarily storing an automobile, recreation vehicle, or chattels designed for outdoor use. "towing service" means an establishment where trucks are dispatched to transport disabled vehicles and includes the secure outdoor storage of towed vehicles. "use" means the purpose for which land, a building or a structure, or any combination thereof is designed, arranged, erected, occupied, or maintained in relation to which the following definitions shall apply: - (a) "use, main" means the primary purpose for which any land, building, or structure is intended to be used; - (b) "use, accessory" means a use naturally or customarily incidental and complementary to the main use of the land, building, or structure on the same lot that is not a secondary use; and - (C) "use, secondary" means a use other than the main or accessory use permitted. "utility" means a public or private system, works, plant, equipment, or services that furnishes services to or for the use of the general public. "vehicle repair outlet" means a building or part of a building on a lot used for minor or major repair of light trucks and passenger vehicles, and includes muffler, brake, tire and glass replacement, transmission repair and replacement, wheel alignment, directly related to the repair 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. "vehicle sales/rental" means an establishment for the sale/rental of automobiles, passenger vehicles, light trucks, motorcycles, snowmobiles, camping trailers, boats, or other recreational vehicles, and includes supplementary maintenance or sale of parts "veterinary clinic/hospital" means a facility for the medical care and treatment of animals, and includes provisions for their overnight accommodation but does not include any outdoor facilities such as kennels, pen runs, and enclosures. "warehouse" means a building used primarily for the storage of goods and materials.  ## TOWN OF OROMOCTO ZONING BYLAW "watercourse" means any lake, river, stream, ocean, or other naturally occurring body of water. "wholesale store" means a building in which commodities in quantity are offered for sale mainly to industrial, institutional, and commercial users, or to retailers or other merchants usually for resale or business use. "yard" means an open, uncovered space on a lot between a building or structure and a lot line in relation to which the following definitions shall apply: - (a) "yard, front" means a yard extending across the full width of a lot between the front lot line and the nearest main wall of any main building or main structure on the lot; - (b) "yard, rear" means a yard extending across the full width of a lot between the rear lot line and nearest main wall of any main building or main structure on the - (c) "yard, side" means a yard extending between the front yard and the rear yard between a side lot line and the nearest main wall of any building on the lot, and - (d) "yard flankage" means side yard of a corner lot, which side yard abuts a street. See Section 3.17 for further information on lot requirements.  ## 3.0 ZONING CLASSIFICATIONS ## (1) Zoning Map For the purpose of this Bylaw, the Town is divided into zones delineated on the map attached as Schedule "A", entitled "Town of Oromocto Zoning Map." ## (2) Boundaries of Zones Where the boundary of any zone shown on the zoning maps: - (a) follows a street, lane, utility right-of-way, railway right-of-way or watercourse, it is considered to follow the centreline of such street, lane, utility right-of-way, railway right-of-way, or watercourse; - (b) substantially follows lot lines shown on the zoning maps or the electronic consolidation of the zoning map, it is considered to follow such lot lines; - (C) follows a street and the street is closed, the land in the said closed street is considered to be included in the zone of the adjoining land and if such street forms a boundary between two or more different zones, it is considered to follow the centreline of that closed street, and - (d) passes through a lot and the distance is not indicated, it is considered to be located as measured using the scale of the zoning map. ## (3) Purpose Statements - (a) The purpose statement in each zone indicates the general intent of the zone and all aspects of the purpose statement do not need to be satisfied to meet the intent of the zone. ## (4) General Prohibitions - (a) No land, building or structure may be used or occupied, and no building or structure may be placed, constructed, erected, moved, sited, altered or enlarged, and no subdivision may be approved, except in conformity with this By- - (b) No building or structure may be placed, constructed, erected, moved, sited, altered or enlarged, and no subdivision may be approved, so as to cause any existing building or structure on the same lot to violate the provisions of this By-law. ## (5) Permitted and Prohibited Uses - (a) No land, building or structure may be used for a use that is not specifically listed as a permitted use in the zone that the land, building or structure is located. - (b) No building or structure may be placed, constructed, erected, moved, sited, altered or enlarged for any use other than a specifically permitted use in that zone.  ## TOWN OF OROMOCTO ZONING BYLAW ## (6) Zones The zones mentioned in subsection 1 are classified and referred to as follows: ## · Residential Zones - Residential One (R-1) - Residential Two (R-2) - Residential Three (R-3) - Limited Use Residential (LUR) ## · Mixed Use Zones - Town Centre (TC) - Integrated Development (D) ## · Commercial Zones - Highway Commercial (HC) - Local Commercial (LC) ## · Park Zone - Park (P) - Institutional Zone - Institutional (INST) ## · Industrial Zones - Industrial (IND) - Transportation and Light Industrial (TPIND) ## · Other Zones - Crown Land (CL) - Oromocto Reserve (OR) - Adult Entertainment (AE) - Mini Home Park (MHP) (a) The R-1, R-2, and R-3 Zones are referred to collectively as Residential Zones. (b) Except as otherwise provided in any zone, all land shall be used and all buildings or structures or parts thereof shall be placed, erected, altered, or used only in  ## TOWN OF OROMOCTO ZONING BYLAW conformity with the requirements of the provisions of this Bylaw pertaining to such zone. ## (7) Comparative Uses A comparative use chart for all Commercial and Industrial zones has been developed for quick comparative reference for appropriate land uses. It is as follows: | Type of Use | LC | TC | HC | TPIND | IND | |--------------------------------------------------------------------------------------|------|------|------|---------|-------| | RESIDENTIAL GROUP | | | | | | | Hotel/Motel | | | | x | | | Incorporated Residential Dwelling Units | x | | | | | | R-3 Uses | | | X | | | | Residential Care Facility | | | | | | | OFFICE GROUP | | | | | | | Office or Office Building | X | | | | | | SERVICES GROUP | | | | | | | Bank or Financial Institution | | | X3 | X3 | | | Building Intended for Public Assembly or Social, Cultural or Recreational Activities | | X | | X | | | Commercial Day Care Centre | X | | | | | | Community Service Outlet | | | X | | | | Municipal Service Centre | | | X | | | | Parking Lot | | X | | | | | Personal Service Establishment | X | X | X | X | X | | Service Shop | X | | | | X | | SALES GROUP | | | | | | | Equipment Sales/Rental Establishment | | | | | X | | Local Convenience Centre | X | | | | | | Retail Store | X | X | X | X | | | Shopping Centre | | | X | X | | | Wholesale Store | | | | | |  ## TOWN OF OROMOCTO ZONING BYLAW | Type of Use | LC | TC | | HC TPIND | IND | |-------------------------------------------------|------|------|----|------------|-------| | PRODUCTION GROUP | | | | | | | Concrete Plant | | | | | X | | Medical Marijuana Production Facility | | | | | X | | Light Manufacturing Use | | | | | X | | Research & Development Facility | | | | X | X | | FOOD SERVICES GROUP | | | | | | | Food Service | | | | | | | Liquor Licenced Establishment (with conditions) | | | XI | XI | | | Restaurant (Liquor Licenced) | X2 | | X3 | X | | | Restaurant | X | | X3 | X3 | | | ANIMAL GROUP | | | | | | | Animal Shelter | | | X | | | | Veterinary Clinic/Hospita | | | X | | | | STORAGE GROUP | | | | | | | Bulk Fuel Station | | | | | | | Distribution Centre | | | | X | | | Recycling Depot | | | | | | | Warehouse | | | | X | | | VEHICLE SERVICES GROUP | | | | | | | Auto Body Establishment | | | | | X | | Car Wash | | | X | X | X | | Gas Bar | X | | X | X | X | | Vehicle Repair Outlet | | | X | | X | | Vehicle Sales/Rental Establishment | | | X | | | | Service Station | X | | | | X | | Towing Service | | | | | X |  ## 3.1 RESIDENTIAL ZONE ONE (R-1) ## (1) Purpose Statement The R-1 Zone accommodates traditional residential development in the form of single detached dwellings which may contain a basement apartment and permit ancillary uses to the principal residential use to allow residents to work at home. ## (2) Permitted Uses No development shall be permitted nor shall any land, building or structure be used on a lot within an R-1 Zone for any purpose other than: - (a) a single unit dwelling as a main use - (b) a secondary suite incorporated in the same structure as a single unit dwelling but clearly subordinate to it and providing completely separate areas for food preparation and eating, and for sleeping meeting the requirements of a secondary suite under the National Building Code of Canada and parking requirements subject to Section 5.6 - (c) a garden suite or an in-law suite in conjunction with a permitted single unit dwelling, subject to the relevant provisions of Section 4.0 - (d) a home occupation, as a secondary use in conjunction with a permitted single unit dwelling, subject to Section 5.7 - (e) an accessory building, subject to Section 5.1 - (f) a greenhouse, subject to Section 5.1 - (g) a park or playground ## (3) Planning Advisory Committee Review - (a) Planning Advisory Committee may approve the construction of R-2 residential buildings meeting all applicable standards of the R-2 Zone provided the proportion of such units existing at the time of application does not exceed 10% of all dwelling units in R-1 Zones in the area in which the proposed building is located, such areas being: - (i) Oromocto North (i.e., all lands north and east of the Trans-Canada Highway - (ii) Oromocto West (i.e., all lands south and west of the Trans-Canada Highway. ## 3.2 RESIDENTIAL ZONE TWO (R-2) ## (1) Purpose Statement The R-2 Zone accommodates medium density residential development up to 4 dwelling units, including semi-detached, townhouses, rowhouses and small  ## TOWN OF OROMOCTO ZONING BYLAW apartment buildings and permit ancillary uses to the principal residential use to allow residents to work at home. The R-2 zone allows the opportunity for some mixed uses that are limited in size and type that would generally integrate into the area as similar and compatible type uses and will allow for more than 1 main building per lot provided all applicable standards of the R-2 Zone are met. ## (2) Permitted Uses No development shall be permitted nor shall any land, building or structure be used on a lot within a R-2 Zone for any purpose other than: - (a) a R-1 use meeting all applicable standards of the R-1 Zone - (b) a residential building with a maximum of four dwelling units - (c) a garden suite or an in-law suite in conjunction with a permitted single unit dwelling, subject to the relevant provisions of Section 4.0 - (d) a home occupation, as a secondary use in conjunction with a permitted single unit dwelling or a permitted two-unit dwelling, subject to Section 5.7 - (e) an accessory building, subject to Section 5.1 - (f a greenhouse, subject to Section 5.1 - (g) a park or playground - (h) a local convenience store use at the ground level in combination with R-2 residential uses within a R-2 Zone. ## (3) Planning Advisory Committee Review Planning Advisory Committee may consider the approval of R-3 structures meeting all applicable standards of the R-3 Zone and such additional separation and buffering requirements as the Committee may deem necessary to ensure their compatibility with adjacent residential land uses. ## 3.3 RESIDENTIAL ZONE THREE (R-3) ## (1) Purpose Statement The R-3 Zone accommodates high density multi-residential development over 4 dwelling units, including apartment buildings, townhouses and rowhouses. The R-3 zone allows the opportunity for some mixed uses that accommodate small scale commercial uses that are limited in size and type and that primarily serve the residents of the surrounding neighbourhood(s) and will allow for more than 1 main building per lot provided all applicable standards of the R-3 Zone are met.  ## TOWN OF OROMOCTO ZONING BYLAW ## (2) Permitted Uses No development shall be permitted nor shall any land, building or structure be used on a lot within a R-3 Zone for any purpose other than: - (a) a residential building with five or more dwelling units - (b) residential care facility - (c) an accessory building, subject to Section 5.1 - (a) a park or playground - (e) a local convenience store or personal service use at the ground level in combination with R-3 residential uses within a R-3 Zone. ## 3.4 RESIDENTIAL MINI-HOME ZONE (RMH) ## (1) Purpose Statement The RMH Zone accommodates residential development in the form of single minihomes on individual lots fronting on public streets. Mobile homes are not allowed in this zone. ## (2) Permitted Uses No development shall be permitted nor shall any land, building, or structure be used on a lot within a Residential Mini Home Zone (RMH) for any purpose other than: - (a) a mini-home - (b) a modular home or - (c) an accessory building, subject to Section 5.1. ## 3.5 LIMITED USE RESIDENTIAL (LUR) ## (1) Purpose Statement The LUR Zone accommodates development in the form of accessory buildings which are ancillary to the principal residential use only. ## (2) Permitted Uses No development shall be permitted nor shall any land, building or structure be used on a lot within a LUR zone for any purpose other than: (a) an accessory building or greenhouse, subject to Section 5.1 provided: - 1) the lot is consolidated with the lot directly in front thereof, that fronts on a public street, 2. (i) the building has a minimum top of wall elevation of 8.23 metres which is one  ## TOWN OF OROMOCTO ZONING BYLAW metre above the maximum recorded flood water elevation. ## 3.6 LOCAL COMMERCIAL ZONE (LC) ## (1) Purpose Statement The LC Zone accommodates small scale commercial uses that are limited in size and type and that primarily serve the residents of the surrounding neighbourhood(s). The LC Zone allows dwelling units above ground floor commercial uses in the building and is generally located in close proximity to residential development. ## (2) Permitted Uses No development shall be permitted nor shall any land, building or structure be used on a lot within a Local Commercial Zone for any purpose other than: - (a) a gas bar - (b) a service station - (c) a bank or financial institution - (d) a commercial day care centre - (e) a local convenience centre - (f) a personal service establishment - (g) a restaurant - (h) a (liquor licensed) restaurant, excluding drive-thru - (i) a food service - (i a retail store - (k) a service shop - (1) an office or office building (m) a residential care facility - (n) residential dwelling units incorporated with any of the foregoing uses - (o) an accessory building, subject to Section 5.1. ## (3) Storage Areas In a Local Commercial Zone, any storage space shall be contained within the permitted use and shall not exceed 40% of the gross floor area.  ## 3.7 TOWN CENTRE ZONE (TC) ## (1) Purpose Statement The TC Zone accommodates a wide variety of commercial, cultural and recreational uses serving areas beyond the surrounding neighbourhood(s) and is generally characterized by larger scaled buildings combined with storefront commercial buildings that are close to each other and oriented to the street. The TC Zone allows dwelling units above ground floor commercial uses in the building. This mixed use concept is to encourage residential, commercial and recreational activities in this zone in order to redevelop the Hazen Park District and will allow for more than 1 main building per lot provided all applicable standards of the TC Zone are met. ## (2) Permitted Uses No development shall be permitted nor shall any land, building, or structure be used on a lot within a Town Centre Zone for any purpose other than: - (a) a commercial day care centre - (b) a building intended for public assembly or for social, cultural, or recreational activities - (c) a bank or financial institution - (d) a municipal service centre - (e) a hotel/motel - (f) an office or office building - (g) a personal service establishment - (h) a restaurant - (i) a liquor licensed establishment (except that no liquor licensed establishment is permitted to abut a Residential Zone except a liquor licensed restaurant) - () a retail store - (k) a service shop - (1) a local convenience centre - (m) a shopping centre - (n) a veterinary clinic/hospital - (0) residential dwelling units incorporated with any of the foregoing uses  ## TOWN OF OROMOCTO ZONING BYLAW - (p) a residential care facility - (9) a parking lot - (r) an accessory building, subject to Section 5.1. ## (3) Mixed Use Any use identified as permitted in subsection 2 of this section, excepting a gas bar or a service station, may be combined in the same building or structure with any other use or combination of uses listed in that section provided all applicable standards of the TC Zone are met. ## (4) Storage Areas In a Town Centre Zone, any storage space shall be contained within the permitted use and shall not exceed 45% of the gross floor area. ## 3.8 HIGHWAY COMMERCIAL ZONE (HC) ## (1) Purpose Statement The HC Zone accommodates a wide variety of commercial development primarily serving the travelling public and outlying neighbourhoods and is generally located along major arterial roads or highways. The HC Zone allows for a mix of high density multi-residential development at a scale that integrates sensitively with the surrounding development and allow for more than one main building per lot provided all applicable standards of the HC Zone are met. ## (2) Permitted Uses No development shall be permitted nor shall any land, building or structure be used on a lot within a Highway Commercial Zone for any purpose other than: - (a) a R-3 use meeting all applicable standards of the R-3 Zone - (b) a commercial day care centre - (c) a building intended for public assembly or for social, cultural, or recreational activities - (d) a vehicle repair outlet - (e) a bank or financial institution (which may include a drive-thru) - (f) a car wash - (g) a parking lot - (h) a gas bar - (i) an office or office building  ## TOWN OF OROMOCTO ZONING BYLAW - () a personal service establishment - (k) a food service - (1) a restaurant (which may include a drive-thru) - (m) a liquor licensed establishment (except that no liquor licensed establishment is permitted to abut a Residential Zone except a liquor licensed restaurant) - (n) a retail or wholesale store - (0) a service shop - (p) a service station - (a) an animal shelter - (r) a shopping centre - (s) a community service outlet - (t) a veterinary clinic/hospital - (u) a municipal service centre - (V) a vehicle sales/rental establishment - (W) a warehouse or distribution centre - (x) a research and development facility - (y) an accessory building, subject to Section 5.1. ## 3.9 INSTITUTIONAL ZONE (INST) ## (1) Purpose Statement The INST Zone accommodates large scale education, healthcare, culture, recreation and worship facilities on large parcels of land. The INST Zone allows for a mix of some commercial uses that are complimentary to the main permitted use within the building. ## (2) Permitted Uses No development shall be permitted nor shall any land, building, or structure be used on a lot within an Institutional (INST) Zone for any purpose other than: - (a) a building intended for public assembly or for social, cultural, or recreational activities - (b) a church or religious institution including cemeteries  ## TOWN OF OROMOCTO ZONING BYLAW - (C) a commercial day care centre - (d) a communication tower - (e) an educational establishment - (f) a municipal service centre - (g) a hospital - (h) a tuneral home - (i) a park, playground, or sports field - ) a residential care facility - (k) an accessory building, subject to Section 5.1. ## (3) Mixed Use A restaurant (excluding a drive-thru), personal service establishment or retail store use at the ground level in combination with an INST use that is considered complimentary to the main use may be permitted provided all applicable standards of the INST Zone are met. ## (4) Planning Advisory Committee Review The Planning Advisory Committee may consider the approval of other commercial uses not specifically identified under subsection 3 as the Committee may deem necessary to ensure their compatibility with the permitted INST land uses. ## 3.10 INDUSTRIAL ZONE (IND) ## (1) Purpose Statement The IND Zone accommodates a mix of light industrial, service and commercial uses that would have minimal adverse impact on adjacent non-industrial land uses. The IND Zone allows for uses where all production and service activities take place within the building and may require outdoor area for related display or storage activities and will allow for more than one main building per lot provided all applicable standards of the IND Zone are met. ## (2) Permitted Uses No development shall be permitted nor shall any land, building, or structure be used on a lot within an Industrial Zone for any purpose other than: - (a) an animal shelter - (b) an auto body establishment - (c) a vehicle repair outlet  ## TOWN OF OROMOCTO ZONING BYLAW - (d) a bulk fuel station - (e) a car wash - (f) a gas bar - (g) an equipment sales/rental establishment - (h) a recycling depot - (i) a light manufacturing use - ( an office use - (k) a research and development facility - (1) a vehicle sales/rental establishment - (m) a warehouse or distribution centre - (n) medical marihuana production facility - (O) a municipal service centre - (p) a service station - (a) a service shop - (r) a wholesale store - (s) a towing service - (t) a building intended for public assembly or for social, cultural, or recreational activities - (u) a parking lot - (V) a personal service establishment - (W) a concrete plant - (x) an accessory building, subject to Section 5.1. ## 3.11 TRANSPORTATION AND LIGHT INDUSTRIAL ZONE (TPIND) ## (1) Purpose Statement The TPIND Zone accommodates a mix of light industrial, service and commercial uses and provides for uses where activities take place both inside buildings and outdoors. The TPIND Zone is generally characterized by multitenant "strip"-type commercial buildings that primarily serve the community and that will allow for more than one main building per lot provided all applicable standards of the TPIND Zone are met.  ## TOWN OF OROMOCTO ZONING BYLAW ## (2) Permitted Uses No development shall be permitted nor shall any land, building, or structure be used on a lot within a Transportation and Light Industrial Zone for any purpose other than: - (a) an animal shelter - (b) a building intended for public assembly or for social, cultural, or recreational activities - (C) a community service outlet - (d) a vehicle repair outlet - (e) a bank or financial institution (which may include a drive-thru) - (1) a car wash - (g) a commercial day care centre - (h) an equipment sales/rental establishment - (i) a gas bar - ) a municipal service centre - (K) a hotel/motel - (1) an office or office building - (m) a personal service establishment - (n) a retail store - (o) a shopping centre - (p) a restaurant (which may include a drive-thru) - (q) a liquor licensed establishment (except that no liquor licensed establishment is permitted to abut a Residential Zone except a liquor licensed restaurant - (1) a food service - (s) a service shop - (t) a service station - (u) a vehicle sales/rental establishment - (v) a veterinary clinic/hospital - (W) a warehouse or distribution centre  ## TOWN OF OROMOCTO ZONING BYLAW - (x) a light manufacturing use - (y) a parking lot - (Z) a towing service (aa) a research and development facility (bb)an accessory building, subject to Section 5.1. ## 3.12 PARK (P) ## (1) Purpose Statement The P Zone accommodates parks, open spaces and compatible recreational uses that meet the needs of the community. The P Zone allows major, regional sports and recreational spaces to permit a broad range and intensity of leisure, recreational, cultural and related uses. ## (2) Permitted Uses No development shall be permitted nor shall any land, building, or structure be used on a lot within a Park Zone for any purpose other than: - (a) public open space - (b) a park or playground - (c) a splash pad - (d) a public sports field - (e) a tennis or basketball court - (f) an outdoor pool - (g) a marina - (h) a golf course or driving range - (i) a linear park or trail - (i) a parking lot - (k) a food service ## (3) Planning Advisory Committee Review The Planning Advisory Committee may consider the approval of an accessory building, structure, or use incidental to a main permitted use not specifically identified under subsection 2 as the Committee may deem necessary to ensure their compatibility with the permitted Park land uses.  ## TOWN OF OROMOCTO ZONING BYLAW ## 3.13 CROWN LAND (CL) Lands zoned CL are exempt from the provisions of this Bylaw. ## 3.14 OROMOCTO RESERVE LAND (OR) Lands zoned OR are exempt from the provisions of this Bylaw. ## 3.15 INTEGRATED DEVELOPMENT (ID) ## (1) Purpose Statement The ID Zone accommodates a wide variety of commercial, office, residential and institutional uses that can accommodate both the needs of the surrounding community and the travelling public due to the proximity to major arterial roads or highways. The ID Zone has specific design requirements for all buildings constructed in this zone and will allow for more than one main building per lot provided all applicable standards of the ID Zone are met. ## (2) Permitted Uses No development shall be permitted nor shall any land, building or structure be used on a lot within an ID Zone for any purpose other than: - (a) a commercial day care centre - (b) a building intended for public assembly or for social, cultural, or recreational activities - (c) a funeral home - (d) a municipal service centre - (e) a hotel/motel - (f) an office or office building - (g) a personal service establishment - (h) a restaurant - (i) a liquor licensed establishment (except that no liquor licensed establishment is permitted to abut a Residential Zone except a liquor licensed restaurant) - ( a retail store - (k) a service shop - (l) a R-3 use meeting all applicable standards of the R-3 Zone  ## TOWN OF OROMOCTO ZONING BYLAW - (m) a call centre - (n) a residential care facility - (o) an accessory building, subject to Section 5.1. ## (3) Approval of New Structures In an ID Zone, land may be used and buildings or structures, or parts thereof, may be erected or altered only in conformity with the design requirements identified under subsection 4. ## (4) Design Requirements All buildings or structures erected pursuant to a resolution or agreement pursuant to preceding subsection 2 shall conform to the following requirements: - (a) Exterior Finish - All buildings shall be faced with brick masonry and/or architecturally pleasing masonry block. - (b) Parking Requirements - At least two parking spaces shall be provided for all dwelling units. Commercial and institutional parking shall conform to off street parking in Section 5.6. - (c) Setback - To be determined by the overall proposal and final site plan. - (d) Underground Services - All services shall be installed underground. - (e) Landscaping - Landscaping plans and schedules shall be part of the site development plan. Landscaping shall be completed within 12 months of occupancy of the building - (f) Design - All development proposals shall consider the continuity of design. - (g) Signs - Sign requests shall be included with the site plan and the architectural plans. - (h) Retail Commercial - Retail Commercial may be permitted on the lower floor of office accommodations. - (i) Benefit of Facilities - Section 45 of the Act shall be applied. - ) Transfer of Land - Land shall be transferred after the site plan, floor plans, and exterior façade for each specific project have been finalized and approved. ## (5) Planning Advisory Committee Review The Planning Advisory Committee may consider the approval of a main permitted use not specifically identified under subsection 2 as the Committee may deem necessary to ensure their compatibility with the permitted ID land uses.  ## TOWN OF OROMOCTO ZONING BYLAW ## 3.16 ADULT ENTERTAINMENT ZONE (AE) ## (1) Purpose Statement The AE Zone accommodates for establishments where service is designed to appeal to those persons looking for sexual content. ## (2) Permitted Uses No development shall be permitted nor shall any land, building, or structure be used on a lot within an Adult Entertainment (AE) Zone for any purpose other than: - (a) adult entertainment facility - (b) massage parlour - (C) adult retail outlet or - (d) an accessory building, subject to Section 5.1.  ## TOWN OF OROMOCTO ZONING BYLAW ## 3.17 LOT AND BUILDING REQUIREMENTS - (1) No development shall be permitted and no main building or structure shall be used on a lot unless the lot complies with the minimum lot size for the zone in which such lot is created as listed in the table immediately following. - (2) Notwithstanding preceding subsection 1, no development shall be permitted and no main building shall be constructed on a lot unless the structure complies with the maximum coverage, frontage, depth, and front, rear, side, and flankage yards provided for the zone in which the development is to be undertaken as listed in the same table with such qualifications as are provided in the footnotes to the table. - (3) The main building shall not exceed the maximum height for the applicable zone provided in the same table. - (4) Off-street parking shall be provided in accordance with the provisions of Section 5.6. 5. Lot Area ZZ Built Area Built area/ Lot area x100% = D (lot coverage)  The diagram above is provided as a guide to the application of the yard dimensions provided for each zone in this Bylaw. The table following lists standards applicable to each lettered dimension. Note that height(C) is measured from the mean grade of the lot on which a structure is erected to the highest point on that structure (excluding chimneys and church towers), and all yard standards (H, I, J, K, L, and M) are measured from the pertinent lot line to the nearest main wall of the building or structure.  | Minimum Side Yard abutting Residential | 3 | | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | Bldg. Height4 | Bldg. Height4 | N/A cont. | |------------------------------------------|------|------------------|-----------------------|---------------|-------------------------------|-------------------------|--------------------------|--------------------|-------------------------------------------------------------|-------------------------------|---------------------|-----------------|-----------------|-------------| | Minimum Flankage Yard (Corner Lot) | | | | | | | | | | N/A | 7.5 | 7.5 | 7.5 | N/A | | Minimum Side Yard | | | 2.5/2' | 2.5 | 0/2.52 | | | | N | 1.5 | | | | N/A | | Minimum Rear Yard abutting Residential | - | | N/A | N/A | N/A | Bidg. Height/24 | Bldg. Height/24 | N/A | N/A N/A | N/A | | Bldg. Height4 | Bidg. Height4 | N/A | | Minimum Rear Yard | | | | | 7.5 | 10 | 10 | 7.5 10 | | | 7.5 | 7.5 | 7.5 | N/A | | Minimum Front Yard | I | Units of Measure | | | | | | | Co | | | | | N/A | | Minimum Lot Depth | | | | | | 30 | 30 | | | N/A | | 30 | | N/A | | Minimum Lot Frontage (Corner Lot) | | | | 6.7 | per unit | | per unit3 | 6.7 per | | N/A | | | | N/A | | Minimum Lot Frontage (Interior Lot) | | | | 6.7 | unit | | unit3 | 6.7 | | N/A | | 30 | 25 | N/A | | Maximum Lot Coverage | | | 45 | 35 | | 35 | 35 | | | 10 | 35 | 35 | 22 | 33 | | Maximum Height | | | 10 | 10 | 10 | 15 | 15 | 10 | | 4.6 | | 12 | 15 | 15 | | Minimum Lot Area (Corner Lot) | | mz | 720 | 840 | 750 840 | N/A N/A | N/A N/A | N/AN/A | N/A N/A 360 | N/A N/A | 600 | 900 | 750 | N/A | | Minimum Lot Area (Interior Lot) | | m2 | 600 | 750 | | | | | 360 | | 600 | 900 | 750 | N/A | | ZONE | ZONE | ZONE | Residential Zones R-1 | R-2 - 2 units | R-2 - Row Dwellings 3-4 units | R-3 - Apartment 5 units | R-3 - Apartment 6+ units | R-3 - Row Dwelling | R-3 - Residential Care Building RMH - Residential Mini-Home | LUR - Limited Use Residential | Commercial Zones LC | TC | HC | |  | Minimum Side Yard abutting Residential | | | |------------------------------------------|------------------|------| | Minimum Flankage Yard (Corner Lot) | | | | Minimum Side Yard | | | | Minimum Rear Yard abutting Residential | | | | Minimum Rear Yard | | | | Minimum Front Yard | Units of Measure | | | Minimum Lot Depth | | | | Minimum Lot Frontage (Corner Lot) | | | | Minimum Lot Frontage (Interior Lot) | m | | | Maximum Lot Coverage | | | | Maximum Height | | | | Minimum Lot Area (Corner Lot) | | | | Minimum Lot Area (Interior Lot) | | m2 | | | | ZONE | | Bidg. Heights | 7.5 Bidg. Heights | Bidg. Heights | | N/A | N/A | Bidg. Heights | |-----------------|---------------------|-----------------|---------------------------------|-----------------|-----------------|-------------------------| | | | 7.5 | N/A N/A N/A | N/A N/A | N/A | 7.5 | | Bldg. Heights | | | | | N/A | | | | Bldg. Heights | Bidg. Heights | N/A | N/A | N/A | Bldg. Heights | | 7.5 | 30 6 7.5 | 30 6 7.5 | | | N/A N/A NA NA | 900 6 35 30 30 30 6 7.5 | | | | | N/A N/A N/A N/A N/A N/A N/A N/A | N/A N/A N/A N/A | | | | | 25 | | | | | | | | 25 | | | | | | | | 750 35 | 750 9 35 25 25 | | N/A N/A N/A N/A | N/A N/A N/A N/A | | | 15 | 12 | | | | | | | 900 | 750 | 750 | N/A | N/A | N/A | 900 | | INST | IND | TPIND | Park Zone | CL | OR | AE | R-l uses on interior lots shall have one side yard of no less than 2.5 m and the other shall be no less than 2 m For Row Dwellings, each end unit shall have a side yard of no less than 2.5 m Apartment buildings with more than five units shall increase the 36 m frontage required for five units by 3m for each additional unit Apartment buildings that abut Residential Zones shall have a rear yard of no less than 10m or equal to one-half the height of the building, whichever is greater Residential Zones or equal to the height of the building, whichever is greater INST, IND, TPIND, and AE uses that abut Residential Zones shall have a rear yard of no less than that specified for buildings not abutting  ## 4.0 GENERAL PROVISIONS ## (1) Uses Permitted in All Zones Except as herein provided, any land may be used for: - (a) public streets - (b) public parks, playgrounds, and trails - (c) utilities and municipal services. ## (2) Number of Main Buildings or Structures on a Lot - (a) 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. - (b) In order for a garage to be classified as an "attached garage" it must be structurally attached by way of the foundation and integrated into the main structure of the dwelling. ## (3) Building and Structure Projections into Yards - (a) The requirements of this Bylaw 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 that do not protrude into required yards in excess of: - (i) 15 centimetres for sills, leaders, belt courses, or similar ornamental features; - (ii) 46 centimetres for chimneys, smoke stacks, flues or HVAC equipment; - (ili) 61 centimetres for cornices or eaves; - (iv) 102 centimetres for window or door awnings, or open or lattice enclosed fire balconies or fire escapes; or - (v) subject to clause (b) following: - 1.5 metres for steps or unenclosed porches; or - -1.8 metres for balconies of upper storeys of multiple dwellings that are not enclosed above a normal height. - (b) Projections mentioned in subclause (V), above, may extend into a required side yard not greater than one-half the required width of the yard.  ## TOWN OF OROMOCTO ZONING BYLAW ## (4) Height Exceptions The height restrictions of this Bylaw shall not apply to church towers, chimneys, water storage tanks, telecommunication towers, or to roof-mounted structures housing mechanical equipment such as an elevator or HVAC. ## (5) Size of Dwelling Units - (a) The minimum ground floor areas and dimensions required are as follows: - (i) Single Unit - one-storey - 75 square metres - one and a half-storey - 65 square metres - two-storey - 55 square metres - minimum street wall frontage - 7.0 metres - minimum side wall depth - 7.9 metres - (ii) Semi-Detached - one-storey - 55 square metres (each unit) - (Ill) Two-unit and Row - one and a half-storey - 50 square metres (each unit) - two-storey - 45 square metres (each unit) - minimum street wall frontage - 6.7 metres (each unit) - minimum side wall depth - 6.7 metres (each unit) - (b) The minimum floor areas required for multiple (apartment) dwelling units are as follows: - bachelor units - 28 square metres - one-bedroom units - 36 square metres - two-bedroom units - 52 square metres - three-bedroom units - 64 square metres - four-bedroom units - 82 square metre - add 10 square metres for each bedroom in excess of four bedroom units - (c) The above square metre areas are exclusive of basements, garages/carports, porches, verandas, and breezeways.  ## TOWN OF OROMOCTO ZONING BYLAW ## (0) In-Law Suite Where permitted under this Bylaw, an In-Law Suite shall: - (a) be internally accessible from the main dwelling unit, - (b) have a shared entrance with the main dwelling unit, - (C) not exceed 45% of the gross floor area of the main dwelling; - (d) be provided with one parking space in addition to the parking requirements for the zone; and - (e) share the driveway access point of the main dwelling. ## (7) Garden Suite Where permitted under this Bylaw, the use is subject to such terms and conditions as imposed by the Planning Advisory Committee. Where compliance with such terms or conditions cannot reasonably be expected, the Planning Advisory Committee may prohibit the use. ## (8) Residential Development near a Sewage Lagoon, Treatment Plant, or Pumping Station - (a) Notwithstanding any other provision of this Bylaw, no dwelling may be located within 100 metres of a sewage lagoon or sewage treatment plant. - (b) Notwithstanding any other provision of this Bylaw, no dwelling may be located within 15 metres of a sewage pumping station. - (c) Under special circumstances, a lesser separation distance to a dwelling may be permitted provided provision for odour control equipment is made. ## (9) Development Adjacent to a Watercourse or Wetland Subject to the provisions of other relevant municipal bylaws and Provincial regulations, and, notwithstanding any provision of this Bylaw, no person shall erect a building or structure, or carry out any other development in any zone within 30 metres of a watercourse or wetland without approval from the New Brunswick Department of the Environment. ## (10) Access to a Public Street No person shall erect or use a building or structure or use any lot of land regulated by this Bylaw, unless the lot of land to be used or the lot of land upon which the building or structure is situated, or to be situated, abuts or fronts on a public street or otherwise achieves access to a public street satisfactory to the Planning Advisory Committee.  ## TOWN OF OROMOCTO ZONING BYLAW ## (11) Line of Vision at an Intersection No building, structure, fence, shrub, or tree foliage may obstruct the line of vision at a street intersection between the heights of one and three metres above the grade of the street within an area bounded by the centre lines thereof, and line joining a point on each centre line 24 metres from their intersection. ## (12) Standards with Respect to the Appearance of Land in any Zone - (a) The landscaping of front yards shall be completed within 12 months of the expiration of the building permit. - (b) For the purposes of this section, landscaping shall include: - all grading necessary to divert surface water away from the building 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 7.5 centimetres of topsoil and - (i) may include the placement of such paths, patios, walkways, trees, ornamental shrubs, vines, and flowers. - (C) The front yard mentioned in clause (a) above may be used to a reasonable degree for the purpose of parking, walkways, and driveways for the main building or other use on the lot. - (d) All land not used for parking, driveways, or walkways shall be landscaped and shall consist of vegetation such as trees, shrubs, hedges, ornamental plantings, grass and ground cover. - (e) In the event that this section is not complied with, the Town of Oromocto may proceed in accordance with Section 93 of the Act. ## (13) Stripping of the Top Soil - (a) Subject to this section, no person may strip, excavate or otherwise remove top soil for sale or use from a lot or other parcel of land. - (b) Where, in connection with the construction of a building or structure, there is an excess of top soil other than that required for grading and landscaping on the lot, such excess may be removed for sale or use. - (c) Notwithstanding clause (a), the farming of sod may be carried out 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 ## (14) Advertising Devices No banners, flags, flagging, streamers or strings of lights shall be attached to any building, pole, or standard, or otherwise displayed externally upon any property or premises for purposes of advertising a product or service.  ## TOWN OF OROMOCTO ZONING BYLAW ## (15) Minimum Floor Elevation Above Flood Level No development of any habitable space shall be permitted in any zone unless the minimum geodetic elevation of the top of any floor is at least 1 metre above recorded flood of record.  ## 5.0 OTHER PROVISIONS ## 5.1 ACCESSORY BUILDINGS AND STRUCTURES ## (1) Permitted Zones Accessory buildings or structures are permitted in any zone where a main building is permitted and exists. ## (2) Uses An accessory building or structure shall not be used for purposes other than those clearly incidental to the use of the main building. ## (3) Number of Buildings or Structures - (a) In any zone the number of accessory buildings or structures, including greenhouses and temporary storage shelters under subsection 5.2(4), shall be limited to two within the same lot. - (b) In Residential Zones, an attached garage is not considered as an accessory building or structure for the purposes of applying clause (a). ## (4) Size and Lot Coverage - (a) An accessory building, or structure shall: - ) be not more than 4.6 metres in height for all residential zones, and 8.0 metres for all other zones and - (i) not exceed 65 square metres in area or have a horizontal dimension greater than 10 metres for all residential zones, and not exceed 130 square metres in area or have a horizontal dimension greater than 15 metres for all other zones. - (b) Notwithstanding clause (a) or any other provision in this Bylaw, the lot coverage of the accessory buildings and structures shall not exceed 10% of the area of the lot for all residential zones, and 20% for all other zones. ## (5) Yard Clearance Requirements An accessory building or structure shall: - (a) not be forward of the main building; - (b) not be closer to a side line than: - (i) for residential less than 18 square metres in area - 1.0 metres; - (ii) for residential more than 18 square metres in area - 1.5 metres; and  ## TOWN OF OROMOCTO ZONING BYLAW - (ill) for non-residential - 3.0 metres or one half the building height, whichever is greater; - (c) not be closer to a rear lot line than 3.0 metres; and - (d) not be placed on an easement unless otherwise approved by the utility authority. ## 5.2 TEMPORARY STORAGE SHELTER Where a main dwelling exists: - (1) one temporary storage shelter is permitted on a residential lot for the purpose of accommodating an automobile, recreation vehicle, or chattels designed for outdoor - (2) Except as permitted under subsection (4), a temporary storage shelter is permitted from November 1 to April 30 annually; - (3) A temporary storage shelter shall be: 4. (a) at least 0.6 metres from side lot lines; 5. (b) at least 1.5 metres from front and rear lot lines; 6. (c) not greater than 5.5 metres wide x 7 metres long × 3 metres high ; 7. (d) constructed from materials specifically designed for this use; and 8. (e) kept in a good state of repair at all times. - (4) If the temporary storage shelter, does not exceed 6 square metres and is located in the rear yard, it may remain for a period exceeding subsection (2) provided it meets with clause (d) and (e) above. ## 5.3 FENCES - (1) Fences are not permitted in the LUR zone. - (2) Notwithstanding any other provision of this Bylaw a fence, subject to this section, may be placed in a yard and not closer to a street than the building face. - (3) In the case of a corner lot, a fence may be located 4.5 metres from the side property line adjoining a street. - (4) The height of a fence at any given point shall be measured from the grade at the base of the fence to the top of the fence where there is no grade difference between the two sides of the fence, or from the higher grade to the top of the fence where there is a grade difference between the two sides of the fence. - (5) No fence may exceed in height: (a) 2 metres in a Residential Zone; and  ## TOWN OF OROMOCTO ZONING BYLAW - (b) 2.5 metres in a zone other than a Residential Zone. - (6) Fences shall be architecturally pleasing and shall consist of a general standard prevailing or intended to prevail in the zone. - (7) Fences shall not be barbed wire, or any other dangerous material excepting that a low voltage electrified fence or a barbed wire fence is permitted for approved agricultural uses and in a Commercial or Industrial Zone for security purposes. Such fencing must be clearly identified with signs placed not more than thirty-three (33) metres apart. - (8) Fences shall be maintained in a condition of reasonable repair and appearance shall not be allowed to become or remain in a condition of disrepair, including noticeable leaning toward an adjoining property or sidewalk, missing sections or slats, broken supports, and any other obvious signs of disrepair. ## 5.4 SWIMMING POOLS ## (1) Swimming Pool Permit Required No person shall construct, erect, locate, or relocate a swimming pool without a swimming pool permit first having been obtained in accordance with the provisions of this Bylaw. - (2) For Residential Zones, a swimming pool and any associated structure or deck shall 2. (a) not closer to a street than the building face and, in the case of a corner lot, not closer than 4.5 metres from the side property line adjoining a street, 3. (b) at least 2 metres from the side lot line; 4. (C) at least 3 metres from the rear lot line; 5. (d) at least a 1.5 metre high enclosure when the swimming pool is capable of containing a depth of 610 mm or more of water; and 6. (e) located in accordance with NB power and the provincial electrical inspector's requirements. - (3) Every swimming pool shall be enclosed by a fence, a deck, the wall of a building or structure or the wall of an above-ground pool or combination thereof capable of preventing unauthorized entry, provided that the requirements of this section are met. - (4) The enclosure mentioned in preceding subsections 2 and 3 shall: 9. (a) in the case of a stand-alone fence, not exceed 2 metres in height, 10. (b) in the case of an enclosure, not exceed 2 metres in height above the top of an above-ground pool;  ## TOWN OF OROMOCTO ZONING BYLAW - (c) not facilitate climbing between the ground level and 900 mm above ground level from the exterior side of the enclosure; - (d) not permit the passage of a 100 mm diameter sphere through or under it; - (e) be located at least 1 metre away from an in ground pool; - (f) not be electrified or incorporate barbed wire or other dangerous material; and - (g) if provided with a gate, be self-closing and self-latching. - (5) A portion of the enclosure for an above-ground pool may be enclosed by an approved system that is mounted directly onto the pool provided that access into the swimming pool is restricted by a gate as specified under subsection (6). - (6) The design and construction of a fence acting as an enclosure shall be: - (a) In the case of chain link construction: - (i) no greater than 38 mm diamond mesh; - (ii) steel wire not less than No. 12 gauge or No. 14 gauge covered with an approved coating equivalent to No. 12 gauge wire; - (iil) at least 38 mm diameter steel posts set below the frost line and spaced not more than 3 m apart; and - (iv) top horizontal rail at least 38 mm diameter steel. - (b) In the case of wooden construction: - (i) not less than 19 mm x 89 mm boards; - (i) supporting posts at least 89mm x 89mm set below the frost line and spaced out not more than 2.44 metres apart. Portion below grade shall be protected from moisture; - (ill) supporting top horizontal rail at least 38mm x 140 mm; - (iv) appearance and maintenance as defined in Section 5.3; and - (c) in the case of other construction or materials, shall provide an equivalent degree of strength and rigidity equal to (a) or (b) above as determined by the building inspector. - (7) Gates forming part of an enclosure shall: - (a) be equivalent to the fence in content, manner of construction and height, - (b) be supported on appropriate hinges, self-close and self-latch with a latching device at least 1.2 metres above bottom of the gate on the interior side;  ## TOWN OF OROMOCIO ZONING BYLAW - (C) if a double gate access is provided, be equipped with a device permanently affixed to the ground or other non-movable object that prevents access through the second gate without lifting or removing this device; or - (d) be constructed in accordance with this section except where the building inspector grants approval for an alternative that provides an equivalent or greater degree of safety and protection against entry by unauthorized persons, subject to such conditions as the building inspector considers appropriate. ## 5.5 SIGNS ## (1) Sign Permit Required No person shall construct, erect, display, alter, or relocate a sign and no person being the owner or lessee of property shall permit, suffer, or allow the construction, erection, display, alteration, or relocation of a sign on such property without a sign permit first having been obtained in accordance with the provisions of this Bylaw. ## (2) Signs Not Requiring a Permit Notwithstanding the provisions of subsection 1 of this section, a sign permit is not required for: - (a) real estate, contractor, construction, and subdivision signs as mentioned in subsection 7 of this section; - (b) resident, no trespassing and home occupation signs as mentioned in subsection 3 of this section; - (C) parking, fire lane and other similar signs as mentioned in subsection 3 of this section; - (d) advertising specific community events at a location approved by the Town of Oromocto; - (e) traffic and directional signs authorized by the Town of Oromocto; - (f) election signs; - (g) signs posted or exhibited inside a building; - (h) portable on-premises signs as mentioned in subsection 6 of this section; and - (i) the maintenance and repair or change in display of an existing sign. ## (3) Fascia Signs - (a) In an Rl Zone, fascia signs must be non-illuminated and are permitted to identify the residents, no trespassing, or a home occupation up to a maximum size of 0.2 square metres.  ## TOWN OF OROMOCTO ZONING BYLAW - (b) In all other zones except the R1 Zone, non-illuminated fascia signs identifying parking, fire lanes, and similar other are permitted up to a maximum size of 0.2 square metres. - (c) In all zones except the R1 Zone, advertising fascia signs are permitted and may be illuminated, provided that the sign shall: - (i) be attached to, painted or erected upon a wall or surface of a building with the face of the sign parallel to the wall. Fascia signs shall not be painted upon or cover a fence or roof; - (il) not exceed 10% of the building face; - (iii) in the case of multiple occupancy buildings, a proportional allocation for each business (building) face. ## (4) Free-Standing Signs - (a) Free-standing signs are permitted in Institutional, Local Commercial, Integrated Development Zone and Transportation and Light Industrial Zone Zones, provided that the sign shail: - i) not exceed a maximum height of 4.5 metres, except when located within 30 metres of the Trans-Canada Highway 2 where it shall not exceed 9 metres and - (il) not exceed a maximum size of 6.0 square metres. - (iii) despite subclause (ii), in the case of a lot containing three or more businesses, it shall not exceed 12 square metres. - (b) Free-standing signs are permitted in Highway Commercial, Town Centre and Industrial Zones, provided that the sign shall: - (i) not exceed a maximum height of 10 metres, except when located within 30 metres of the Trans-Canada Highway 2 where it shall not exceed 15 metres - (ii) not exceed a maximum size of 10 square metres. - (ili) despite subclause (ii), in the case of a lot containing three or more businesses, it shall not exceed 20 square metres. - (c) Free-standing signs are permitted in Park Zones and Residential Three Zones, provided the sign shall: - (i not exceed a maximum height of 3.0 metres and - (i) not exceed a sign face area of 4.0 square metres. - (d) All permitted free-standing signs are subject to the following:  ## TOWN OF OROMOCTO ZONING BYLAW - ) have the bottom of the sign a minimum of 1.2 metres above finished ground - (ii) not exceed one free-standing sign per 30 metres of lot frontage; - (ili) maintain a minimum 1 metre setback for all front and side yards; - (iv) have a base not more than 762 mm above finished ground level; - (V) conform to subsection 8 of this section; and - (vi) be constructed on a permanent foundation with the required frost protection. ## (5) Electronic Message Boards An electronic message board display: - (a) shall not be located in any Residential Zone; - (b) is permitted within the design of a free standing sign; - (C) shall meet all requirements identified under subsection 4(d) of this section; - (d) shall not exceed a maximum display area size of 4.0 square metres, which may be in addition to the permitted sizes in subsections 4 (a), (b), and (C) of this section; - (e) shall have no dynamic copy transitions in the digital electronic advertisement copy with a duration less than 10 seconds; - (f) shall not fade, cut, wipe, or swipe from message to message with a transition exceeding 1.0 second; - (g) shall use ambient light monitors that automatically adjusts the brightness level of the display area; - (h) shall not use flashing and pulsing lights; - (i) brightness level shall not exceed 750 lumens during operation; and - ) in areas abutting or adjacent to a Residential Zone, shall be de-energized between 11:00 pm and 7:00 am. ## (6) Portable On-Premises Signs In all zones, except Residential Zones, portable on-premises signs are permitted provided that the sign shall: - (a) not exceed an area of 1.0 square metre on each of two sides; - (b) be located on the property; - (c) in the case of multiple occupancy buildings, one sign per tenant;  ## TOWN OF OROMOCTO ZONING BYLAW - (d) not obstruct the view of vehicular traffic; - (e) be non-illuminated; and - (f) be erected only during the operating hours of the business. ## (7) Miscellaneous Signs In all zones, the following signs are permitted provided that the sign shall: - (a) in the case of a real estate sign, advertise the sale, rental, or lease of such land, building, or structure and not exceed a single faced area of 0.56 square metres; - (b) in the case of a construction sign, advertise the on-site contractor during the period of construction and not exceed a single-faced are of 0.56 square metres; - (C) in the case of a construction sign, identify a new project and the owner/consultant, and not exceed a single-faced area of 6 square metres; - (d) in the case of a subdivision sign, identify a new subdivision and owner/developer, and not exceed a single faced area of 6 square metres; - (e) be non illuminated and located on the subject property; and - (f) not exceed one of each type per lot. ## (8) Sign Prohibitions No sign shall be erected, operated, used or maintained that: - (a) due to its position, shape, colour, format, or illumination, obstructs the view of, or may be confused with, an official traffic sign, signal, or device; - (b) displays lights resembling the flashing lights usually associated with danger or those used by police, fire, ambulance, and other emergency vehicles; - (c) obstruct the sight line of vehicular traffic; and - (d) is located within a road right of way, including centre medians, traffic circles, or any islands or medians separating traffic unless approved under subsection 11 of this section. ## (9) Non-Conforming Signs The provisions of this Bylaw with respect to existing signs that do not conform to the Bylaw at the time of its effective date shall not be construed to have a retroactive effect, except that relocation, alterations, or removal of any such non-conforming signs shall render such signs subject to the provisions of this Bylaw. The provisions of this section shall not exempt the owner of a non-conforming sign from the obligation for proper maintenance of such sign. ## (10) Illumination  ## TOWN OF OROMOCTO ZONING BYLAW Unless otherwise expressly prohibited by this section, all signs may be illuminated subject to the following requirements: - (a) Lighted from within the sign. - (b) Light shining externally on the sign by design or intention. - (c) Shall not shine or reflect light directly onto neighbouring properties or in the direction of oncoming traffic. - (d) The illumination shall not exceed 500 lux measured from the property line, during the period between sunset and sunrise. ## (11) Signs Located in a Right-of -Way Any sign that is proposed to be erected within a right-of-way owned by the Town of Oromocto must be approved by the Town Engineer. The provisions of this section shall not exempt the owner of a sign from the obligation for proper maintenance of such sign. ## (12) Maintenance Every person displaying a sign, shall maintain that sign, so that, at all times, it is structurally sound and free from all hazards caused or resulting from decay or failure of structural members, fixtures, lighting or accessories. All sign area, background, copy, lighting and embellishment shall be maintained in readable, clean and painted condition. ## 5.6 PARKING AND DRIVEWAY REQUIREMENTS - (1) No building or structure may be placed, erected, altered, or used, unless vehicular off-street parking spaces are provided and maintained in conformity with this section. ## (2) Parking Spaces The number of off-street parking spaces shall be provided on the following basis: | | Use | Parking Requirement | |----|-----------------------------------|--------------------------------------------------------| | a. | Residential | | | | İ. Dwelling Units | 1.5 spaces per unit | | | il. Senior Citizen Dwelling Units | 0.75 spaces per unit | | | lii. Home Occupation | 2 spaces plus the required parking spaces for the zone | | b. | Places of Assembly | | | | i. Theatre, church, funeral home | 1 space per 4 seats |  ## TOWN OF OROMOCTO ZONING BYLAW | | Use | Parking Requirement | |----|------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------| | C. | Schools and Medical Care | | | | i. Elementary or Middle il. Senior High Schools | 1 space per teaching staff plus auditorium requirements 1 space per teaching staff plus 1 space for every | | | Commercial | | | | i. Medical or Health Office | 5 spaces per practitioner | | | ili. Post-Secondary Schools | 33 students plus auditorium requirements 1 space per 20 seats, plus auditorium requirements | | | iv. Hospitals, Nursing Homes, and Extended Care Facilities | 1 space per 100 square metres of floor area or 1 space per 4 beds, whichever is the greater, plus 1 space for every 2 employees on a maximum shift | | | ii. Barbers, Hairdressers | 2 spaces per chair, minimum 3 spaces | | | lil. Day Care Facilities | 1 space per employee and 1 space for every 5 children | | | iv. Motel/Hotel | 1 space per sleeping unit, 1 space per 2 employees, (If equipped with restaurant and conference room -1 space per 4 seats) | | | v. Office/Other Personal Service | 1 space per 25 square metres gross floor area | | e. | Industrial | | | | i. Warehouse, transport terminals, and general use | 1 space for each 90 square metres of gross floor area or 1 space for each 4 employees, whichever is greater | ## (3) Dimensions for Parking Spaces All Parking spaces shall: - (a) be not less than 6 metres in length and not less than 3 metres in width; - (b) be readily accessible from the nearest street and located on the property for which the spaces are intended; and be surfaced with an asphalt or concrete material.  ## TOWN OF OROMOCTO ZONING BYLAW ## (4) Barrier-Free Parking Spaces - (a) The number of barrier-free parking spaces for a development where 5 or more spaces are required shall be in accordance with the following: | Total Number of Required Spaces in a Lot | Total Number of Barrier Free Parking Spaces Required | |-------------------------------------------------------|--------------------------------------------------------| | 2 - 15 | | | 16 - 45 | | | 46 - 100 | | | 101 - 200 | | | 201 - 300 | 5 | | 301 - 400 | | | 401 - 500 | | | 501 - 900 | | | 901 - 1,300 | 9 | | 1,301 - 1,700 | 10 | | Each increment of up to 400 stalls in excess of 1,700 | one additional space | ## (b) Barrier-Free parking spaces shall be: - (1) provided and considered as part of the number of spaces required for a project; 2. (ii) located as close as possible but not more than 50 metres to the barrier free entrance of the building for which they are intended; 3. (iii) clearly marked as being for the use of persons with physical disabilities; 4. (iv) be identified by horizontal and vertical signs that conform to CSA B651 "Accessible Design for the Built Environment": 5. (V) be not less than 2.6 metres wide and provided on one side with an access aisle not less than 2 metres wide (if more than one parking space is provided for persons with physical disabilities, a single access aisle can serve two adjacent parking spaces); and 6. (vi) not less than 7.5 metres long. ## (5) Parking Lot Standards All parking lots, except for residential development comprising 4 dwelling units or less and development within the Industrial Zone (IND) shall be designed to the satisfaction of the Development Officer and shall comply with the following: - (a) Be surfaced with hot-mix asphalt, portland cement, concrete, asphalt stone chip seal coat or suitable similar material approved by the development officer. - (b) Be graded or drained in such a manner as to ensure that surface water will not escape to neighbouring land and streets.  ## TOWN OF OROMOCTO ZONING BYLAW - (c) Storm water management shall include surface run-off from paved parking lots directed to soft landscaped areas through curb inlets where feasible. - (d) Lighted such that the illumination of the property is not a nuisance to adjacent properties and streets. - (e) The parking lot shall be located on the same lot as the main use. - (f A parking lot requiring five or more parking spaces shall be delineated by painted lines on the finished surface. - (g) Driveways shall not be closer than 11 metres from the limits of the right-of-way at a street intersection, except that no driveway shall be located within 30 metres of: - (i) an intersection of two or more streets controlled by traffic lights or - (i) an at-grade intersection in the form of several lanes or a traffic circle or with island channelization or other similar traffic control devices. - (h) The number of driveways to the parking lot shall be limited to one driveway. except for frontage of 30 metres or more, two driveways are permitted. - (i) Where two driveways are permitted, the minimum distance between driveways shall be 9.0 metres. - ) A driveway leading to or within a parking lot or loading space shall: - (i) in the case of one-way traffic, have a width of at least three metres, and not more than 5 metres; and - (il) in the case of two-way traffic, have a width of at least 6 metres; and not more than 9 metres. ## (6) Residential Driveways Driveways are subject to the following requirements: - (a) The number of driveways shall be limited to one except for lots fronting on two streets where one driveway is permitted along each frontage. - (b) Driveway widths shall be at least 3.0 metres and not more than 9.0 metres measured within the road right-of-way. - (c) The surface shall be durable and dust free; and - (d) In the case of a corner lot, the driveway be located at least 9 metres from the intersecting lot lines of the two streets. ## (7) Commercial Vehicles and Construction Equipment in Residential Zones - (a) Commercial vehicles, as defined herein, shall not park on residential property other than for the purpose of immediate loading or unloading of the vehicle and  ## TOWN OF OROMOCTO ZONING BYLAW - (b) Construction equipment such as dump trucks, bulldozers, excavators, loaders, and other such equipment shall not be parked on residential property unless that equipment is being used for construction on that property. ## (8) Off-Street Loading and Unloading - (a) 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 belonging to such building, structure or premises off-street space for such vehicles to stand, and for loading and unloading the same, in accordance with the following requirements: - (i) One space for every 2,000 square metres of building floor area up to 4,000 square metres, and one additional space for each additional 4,000 square metres. - (ii) Every space shall not be not less than 9 metres in length and 4 metres in width with a 4.5-metre overhead clearance. - (ili) Every loading space shall be provided with adequate facilities for ingress and egress and unobstructed manoeuvring aisles, and be designed so that all vehicles using those spaces can be parked and manoeuvred entirely within the bounds of the site and do not require vehicles to back into public streets. - (iv) Every loading space shall be surfaced with a durable and dust proof material. ## (9) Drive-Thru Facilities - (a) Subject to this Section, on-site queuing spaces shall be provided and maintained in numbers no less than indicated by this Section on the same lot whenever land is used or a building or portion of a building is erected, placed, altered, or used with a drive-thru facility. - (b) The following on-site queue spaces shall be provided in the amounts indicated and such amounts are based upon the type of use involved. - (C) All queuing spaces shall be dedicated to queued vehicles and shall not interfere with any pedestrian and other vehicular movement on the lot including an | Type of Use | Minimum Number of Queue Spaces Required | |-----------------------|--------------------------------------------------------------------------| | Auto Service | 2 inbound for each service bay | | Automatic Car Wash | 4 inbound | | Self-Serve Car Wash | 1 for each car wash stall | | Restaurant | 9 inbound for each service window and outbound for each service window | | Financial Institution | 4 inbound for each service window | | Other | Same as a listed use that has a sufficiently similar queuing expectation |  ## TOWN OF OROMOCTO ZONING BYLAW access, building entrance, driveway, fire lane, loading space, pedestrian lane, parking aisle, or parking space. - (d) Each queuing space shall have a minimum width of 3 metres, a minimum depth of 6 metres and a minimum height clearance of 4.2 metres. - (e) No queuing space shall be constructed, installed or used closer to a lot line than: - (i) 3 metres of a side and rear lot line if the abutting lot is located in a Residential Zone - (ii) 1.0 metre of a side and rear lot line in all other cases. - (f) No queuing space shall be located between an access and building on a lot or between a parking lot and building entrance that would interfere with pedestrian movement. - (g) Every queuing space shall be located within a parking lot developed in accordance with subsection (5) or developed and maintained in the same manner if located outside of such a parking lot. ## 5.7 HOME OCCUPATION - (1) Subject to subsections 3 and 4 of this section any one of the following occupations is permitted in a single family detached dwelling: 2. (a) A home professional office that includes a doctor, dentist, architect, accountant, or similar other. 3. (b) A home personal service business that includes a barber shop, beauty shop, tailor shop, shoe repair, or similar other home professional service business 4. (C) A home instructional service that includes the teaching of music, arts and crafts, dance, education, or similar other home instructional business. 5. (d) A home trades business that includes a contractor, plumber, electrician, painter, or similar other home trades business. 6. (e) A home repair business that includes: television/radio, small appliances, locksmith shop, or similar other home repair business but excludes vehicle repair, metal fabrication, and auto body shops. 7. (f) A home domestic business that includes woodworking, arts and crafts, catering. or similar other home domestic business. 8. (g) A child day care home. 9. (h) A bed and breakfast/tourist home. - (2) Subject to subsection 3 of this section one of the following occupations are permitted in a two-unit dwelling:  ## TOWN OF OROMOCTO ZONING BYLAW - (a) A home professional office that includes a doctor, dentist, architect, accountant, or similar other home professional office. - (b) A home personal service business that includes a barber shop, beauty shop, tailor shop, shoe repair, or similar other home personal service business. - (c) A home instructional service that includes the teaching of music, arts and crafts, dance, education, or similar other home instructional service business. - (d) A home trades business that includes a contractor, plumber, electrician, painter, or similar other home trades business. - (e) A home repair business that includes: television/radio, small appliances, locksmith shop, or similar other home repair business but excludes vehicle repair, metal fabrication, and auto body shops. - (f) A home domestic business that includes woodworking, arts and crafts, catering, or similar other home domestic business. - (3) A home occupation is subject to the following requirements: - (a) Not more than one person is engaged therein in addition to any permanent resident of the dwelling unit in which it is located. - (b) It shall be secondary to the main residential use and confined to the dwelling unit with no part of it located in an accessory building or structure. - (c) Home occupation shall not exceed 25% of the total dwelling unit floor area. - (d) No change shall be made to the exterior appearance, except for a sign as specified under Section 5.5. - (e) No goods or services other than those directly pertaining to the home occupation are supplied or sold therein or therefrom. - (f) Any equipment or materials connected with the home occupation shall be stored only inside the dwelling unit. - (g) Two off-street parking spaces are provided as required under Section 5.6. - (h) A child day care home shall include an outdoor activity area at least 50 square metres in area and be enclosed by a minimum 1.2 metre high fence or enclosure. - (i) The home occupation shall not generate off-site electrical interference, dust, noise, light, or smoke. - (4) In addition to the above requirements, the operation of a bed and breakfast/tourist home and a child day care home are subject to applicable Provincial regulations.  ## 6.0 ZONES UNDER SECTION 39 OF THE COMMUNITY PLANNING ACT Land zoned under Section 39 of the Act may be used and buildings or structures, or parts thereof, may be used, erected, or altered only in conformity with the specific proposal described in the resolution or agreement adopted and entered into under Section 39 of the Act and for which particular purpose the land was rezoned. An agreement entered under Section 39 of the Act shall only be altered upon Council's approval and, subject to Council's approval, a new agreement and bylaw must be enacted and filed in the Registry Office. Lands which have been zoned under Section 39 of the Act include the following: - (1) 106/108 Winnebago Street (PID 60005287) - To permit the carrying out of a specific proposal for the utilization of the existing 108 Winnebago Street for the purpose of a funeral home and 106 Winnebago Street for an associated residence as per the agreement registered in the Sunbury County Registry Office as number 604 on the 16th day of January 1995.  ## 7.0 ENFORCEMENT - (1) The Development Officer is authorized to enforce the provisions of this Bylaw. - (2) If a development is undertaken in contravention of this Bylaw, the Development Officer may order: 3. (a) alteration of such development so as to remove the contravention; 4. (b) cessation of the development, or 5. (c) the doing of anything required to restore the land, building or structure to its condition immediately prior to the undertaking of such development. - (3) Any person who violates any provision of this By-law is subject to the enforcement provisions of the Community Planning Act, Chapter C-12 and amendments thereto.  ## TOWN OF OROMOCTO ZONING BYLAW ## 8.0 BYLAW REPEALED Bylaw No. 422 and all amendments thereto are hereby repealed. READ THE FIRST TIME BY TITLE ONLY: 19 January 2017 READ THE SECOND TIME IN ITS ENTIRETY: 16 February 2017 READ THE THIRD TIME BY TITLE ONLY FOR ENACTMENT: 20 April 2017  Richard E. Isabell Chief Administrative Officer/Clerk Refuell Robert E. Powell Mayor O.   ## TOWN OF OROMOCTO ZONING BYLAW ## SCHEDULE "B" ## FEES The following non-refundable fees shall apply for community planning and development services: - (1) $100.00 (plus tax) for zoning and land use confirmation. - (2) $250.00 (exclusive of taxes) for the consideration of a land use variance or a similar or compatible use or a temporary use. - (3) $50.00 per hour (plus tax) for research to support other inquiries. - (4) $2,500 per space (exclusive of taxes) in lieu of providing the required off-street parking required hereunder. - (5) $1,000.00 (exclusive of taxes) for any by-law amendments; - (6) an additional fee of $500.00 (exclusive of taxes) to the Town if a by-law amendment requires an amendment to the Municipal Plan.