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Zoning By-Law No. 17
Salisbury
Town of
PART 1 - DEFINITIONS
1
PART 2 - ADMINISTRATION
15
2.1
Title
15
2.2 Purpose
15
2.3 Scope
15
2.4 Powers of Council
17
2.5 Special Powers of the Planning Review and Adjustment Committee 17
2.6 Amendments
18
2.7
Administrative Fees
19
2.8 Conversion
19
2.9 Zone Boundaries
19
2.10 Permitted Uses
20
PART 3 - GENERAL PROVISIONS FOR ALL ZONES
21
3.1
Frontage on a Street
21
3.2 Sight Triangle
21
3.3 Size of Dwellings
21
3.4 Existing Buildings and Lots
22
3.5 Existing Front or Flankage Yards
22
3.6 One Dwelling Per Lot
23
3.7
Permitted Encroachments
23
3.8 Accessory Buildings
24
3.9 Height Regulations
24
3.10 Vehicles and Vehicle Bodies
25
3.11 Temporary Construction Uses and Seasonal Vending Facilities
25
3.12 Development near Watercourses, Wetlands or Waterbodies
26
3.13 Parking
26
3.14 Drive Thru Queuing Spaces
29
3.15 Fences
30
TOWN OF SALISBURY ZONING BY-LAW NO. 17
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3.16 Enclosure for Swimming Pools
30
3.17 Retaining walls
33
3.18 The Making of Land by Cutting and Filling
33
3.19 Utilities
34
3.20 Development Near a Lagoon or Treatment Plant
34
3.21 Development Near a Railway
34
3.22 Garages and Carports
34
3.23 Home Occupation
34
3.24 Landscaping Requirements
36
3.25 Signs
37
3.26 Illumination
41
3.27 Outdoor Wood-Burning Furnace
41
3.28 Domestic Wind Energy System
41
3.29 Camps
42
3.30 Kennels
43
3.31 Campgrounds
43
3.32 Accessory Dwelling Units
44
3.33 Development in Agricultural Areas
44
PART 4 - ZONE CLASSIFICATIONS
45
PART 5 - RESIDENTIAL SERVICES (RS) ZONE
46
5.1
Permitted Uses
46
5.2 Zone Requirements
47
PART 6 - RESIDENTIAL NEIGHBOURHOOD SERVICE (RNS) ZONE
48
6.1
Permitted Uses
48
6.2 Zone Requirements
50
PART 7 - TOWN CENTRE (TC) ZONE
52
7.1
Permitted Uses
52
7.2
Zone Requirements
54
ii
TOWN OF SALISBURY ZONING BY-LAW NO. 17
PART 8 - HIGHWAY COMMERCIAL (HC) ZONE
56
8.1
Permitted Uses
56
8.2 Zone Requirements
57
PART 9 - INDUSTRIAL (I) ZONE
58
9.1
Permitted Uses
58
9.2
Zone Requirements
60
PART 10 - SPECIAL ENTERTAINMENT (SE) ZONE
61
10.1 Permitted Uses
61
10.2 Zone Requirements
61
PART 11 - RURAL AREA (RA) ZONE
63
11.1 Permitted Uses
63
11.2 Zone Requirements
64
11.3 Light Commercial Use Standards in Rural Areas
65
PART 12 - RURAL RESIDENTIAL (RR) ZONE
66
12.1 Permitted Uses
66
12.2 Zone Requirements
67
PART 13 - RESOURCE DEVELOPMENT (RD) ZONE
68
13.1 Permitted Uses
68
13.2 Zone Requirements
69
13.3 Resource Extraction
69
PART 14 - INTENSIVE RESOURCE DEVELOPMENT ZONE
71
14.1 Permitted Uses
71
14.2 Zone Requirements
72
14.3 Commercial Wind Energy Systems
72
PART 15 - AGRICULTURE (A) ZONE
74
15.1 Permitted Uses
74
15.2 Zone Requirements
75
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PART 16 - OPEN SPACE CONSERVATION (OSC) ZONE
76
16.1 Permitted Uses
76
16.2 Zone Requirements
76
PART 17 - COMMUNITY USE (CU) ZONE
78
17.1 Permitted Uses
78
17.2 Zone Requirements
79
PART 18 - DWELLING GROUP (DG) ZONE
80
18.1 Permitted Uses
80
18.2 Zone Requirements
80
PART 19 - INTEGRATED DEVELOPMENT (ID) ZONE
82
19.1 Permitted Uses
82
19.2 Zone Requirements
82
PART 20 - SEA LEVEL RISE OVERLAY (SLR) ZONE
83
PART 21 - INFILL OVERLAY (IF) ZONE
85
SCHEDULES
Town of Salisbury Zoning Map (Schedule A)
Town of Salisbury Hydrographic Map (Schedule B)
iv
TOWN OF SALISBURY ZONING BY-LAW NO. 17
PART 1 - DEFINITIONS
1.1 In this By-law all words shall have the meaning or meanings which are assigned to them
in accepted English dictionaries except for the words which are defined below.
Abattoir means slaughterhouses and any place where cattle, sheep, swine, poultry, or
other animals are killed for use as food.
Accessory Building means a detached subordinate building, not used for human
habitation, located on the same lot as the main building, structure or use to which it is
accessory, the use of which is naturally or customarily incidental and complementary to the
main use of the land, building or structure.
Act means the Community Planning Act, SNB 2017, c 19, including all its related regulations
and amendments thereto.
Adapted Development means a building or structure constructed in a way to reduce the
potential impacts of climate change and sea level rise.
Adult Entertainment means a night-club, bar, restaurant, or similar establishment that
regularly features live performances characterized by the exposure of specific body parts.
Agricultural Use means an agricultural operation as defined in the Agricultural Operation
Practices Act, as well as the production of maple products.
Agricultural Uses, Passive means agricultural activities that have limited impact on the land,
such as perennial forage and pastureland, and require no structures.
Alter means, in relation to a building or structure, to make any structural or other change that
is not for purposes of maintenance only.
Amusement Park means a facility, primarily outdoors, that may include structures and
buildings, where there are various devices for entertainment including rides, booths for the
conduct of games or sale of items, as well as buildings for shows and entertainment.
Aquaculture means the use of land, building or a structure to hatch, raise and breed fish or
other aquatic plants or animals for sale or personal use (may also be considered a fisheries use).
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Bare-land Condominium means a property containing more than one detached residential
building, other than a mini home park, and registered under the Condominium Property Act.
Bed & Breakfast/Tourist Home means a single unit dwelling in which rooms are provided
for overnight accommodation, with or without meals to the traveling public.
Buffer means a spatial separation or setback between a defined use and a property line.
Building means a building as defined in the Code.
Camp means a building designed for overnight accommodation which may or may not
provide separate culinary and sanitary facilities, having less than 56.08 m2 that is exclusively
intended for temporary seasonal recreational use.
Campground means an area of land, managed as a unit, providing short-term
accommodation for two or more sites containing such things as tent trailers, travel trailers,
recreational vehicles, cottage clusters, campers, yurts, tents, and other nature-based
accommodation structures. A campground may include one or more of the following
secondary uses: a convenience store, a laundromat, washroom facilities, an office for the
campground, a daycare, a park or playground, a canteen, and cultural and recreation
facilities, subject to the requirements of this By-law.
Cannabis means cannabis as defined by the Government of Canada, pursuant to the
Cannabis Act.
Cannabis Production Facility, Indoor means the use of a building or structure for the
cultivation, processing, testing, or research of cannabis authorized by a license issued by
Health Canada.
Cannabis Production Facility, Outdoor means the use of land for the cultivation of
cannabis authorized by a license issued by Health Canada and does not take place inside
a building or structure.
Carport means a building or structure, which is designed for the parking and storage of motor
vehicles and is opened on at least two ends to provide unobstructed access to the rear.
Car Wash means a building or part of a building in which vehicles are washed for commercial
gain.
TOWN OF SALISBURY ZONING BY-LAW NO. 17 02
Cemetery means land primarily used for internment of human or animal remains and where
chapels, churches, funeral homes, crematoria and related facilities may be incorporated as
accessory uses.
Code means the National Building Code of Canada adopted by the Province at the time of
a permit application and all its related regulations.
Commercial Use, Intensive means commercial enterprises that are likely to create a
significant impact on the surrounding land uses such as increased traffic congestion, size
of building, outdoor storage, excessive noise, and lighting. Such uses include, but are not
limited to, service stations, large-scale retail or office uses, self-storage units, warehousing,
transportation centres, and vehicle sales.
Commercial Use, Light means a commercial enterprise that is not likely to create a
significant impact on the surrounding area but is purely commercial in nature (i.e., not
associated with a residential use). Such uses include, but are not limited to: restaurants, retail,
wholesale bakery, professional trades, offices, service shops, veterinarian clinics, service
station, tourism uses, landscaping businesses and event venues.
Commission means the Southeast Regional Service Commission.
Committee means the Commission's Planning Review and Adjustment Committee.
Conservation Use means an activity or area set apart for the purpose of the conservation or
preservation of natural and/or cultural values.
Convenience Store means a building or part of a building which is intended to serve the
needs of residents in the immediate area with a variety of goods for sale.
Daycare, Neighbourhood means an establishment, which is secondary to a single unit
dwelling, for the provision of care and supervision to children and regulated under the Early
Childhood Services Act, SNB 2010, c E-0.5, containing no more than 25 children.
Daycare Centre, Commercial means an establishment for the provision of care and
supervision to children, regulated under the Early Childhood Services Act, SNB 2010, c E-0.5.
Development means development as defined in the Act.
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Development Officer means the Regional Planning Director or a person appointed under
the Act.
Drive Thru means an establishment that is designed to provide services or products to
customers while in their vehicle.
Dwelling means a building containing one or more dwelling units, but not including camps,
campers or recreational vehicles designed for seasonal and non-permanent occupation.
Dwelling Group means two or more buildings containing dwelling units located on a
single lot or adjoining lots that have been designed as a unified development with respect
to the placement of the main buildings and any associated accessory buildings or structures,
amenity spaces, driveways, landscaping, or parking areas and may include such uses as mini
home parks, cottage clusters, tiny home developments, or bare-land condominiums.
Dwelling Unit means a structure used or intended for use by one or more individuals living
as a single housekeeping unit, usually containing a separate kitchen and sanitary facilities.
Dwelling Unit, Accessory means a dwelling unit which is secondary to the main dwelling
unit, either contained within or attached to the main dwelling.
Dwelling, Single Unit means a dwelling other than a mini home containing one dwelling unit.
Dwelling, Two Unit means a building containing two dwelling units, including duplexes.
Dwelling, Multiple Unit means a building containing three or more dwelling units.
Dwelling, Semi-detached means a dwelling unit attached to another dwelling unit by a
common above grade wall with each dwelling located on a separate lot.
Entertainment Use means a use that involves gatherings of the public in indoor or outdoor
venues which involves entertainment, amusement or relaxation including by not limited
to a theatre, tavern, nightclub, or other beverage room, an arcade or amusement centre,
including a casino and a pool or billiard hall, but does not include high impact entertainment
uses or adult entertainment.
Entertainment use, High Impact means a use that involves gatherings of the public in
indoor or outdoor venues that are likely to create a significant impact on the surrounding
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land uses such as increased traffic congestion, excessive noise, and light pollution. Such uses
include, but are not limited to amusement parks, racetracks, and outdoor concert venues, but
does not include adult entertainment.
Erosion Protection Work means shoreline stabilization, riprap, and bank protection
projects.
Event Venue means commercial use of a building, or part of a building, or land as a place
of assembly by the public for special events such as weddings, performances, and cultural
gatherings, but does not include sporting events. An event venue is considered a light
commercial use as well as an assembly use.
Existing means a use legally in existence on the date of the passing of this By-law.
Farm Market means the use of land, buildings or structures or part thereof for the purpose
of selling produce and homemade products to the public.
Forestry Use means the general growing and harvesting of trees and, without limiting
the generality of the foregoing, shall include the growing, and cutting of fuel wood, pulp,
wood, lumber, Christmas trees and other products. Forestry use includes a sawmill and
woodworking shop.
Funeral Home means an institutional use in a building designed for the purpose of furnishing
funeral supplies and services to the public and includes facilities intended for cremation or
the preparation of the dead human body for internment.
Garden Nursery means the use of land, a building or structure for the growing of flowers,
fruits, vegetables, plants, shrubs, trees, or similar vegetation and may also include the sale
of related accessory supplies, including landscaping material.
Gross Floor Area means the aggregate of the floor areas of a building above and below
grade, measured between the exterior faces of the exterior walls of the building at each floor
level but excluding car parking areas within the building.
Habitable Part means an area in a structure for living, sleeping, eating, or cooking.
Maintenance or utility space, parking garages and similar areas are not considered habitable
space.
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Height means the vertical distance between the finished average ground level and the
highest point of the roof surface and/or in a Sea Level Rise Overlay Zone, "height" means the
vertical distance between the minimal elevation level as identified on Schedule A of this By-
law, to the highest point on the roof surface.
Home-based Business means a home occupation that takes place entirely within a dwelling.
Home Industry means a home occupation that takes place within an accessory building.
Home Occupation means a business activity carried out within a residence or accessory
building that:
a) is secondary to the use of the dwelling unit as a private residence,
b) does not create a change to the outside appearance of the building or premises,
or other visible evidence of the conduct of such home occupation other than a sign
erected in accordance with the zoning provisions, and
c) does not create or become a public nuisance with respect to noise, traffic, or parking.
Hotel, Motel, or Inn means a commercial building providing temporary accommodation
for travelers on a year-round basis and may have a public dining room and convention room.
Household Pet means a domestic animal customarily kept within a dwelling or in an outside
pen or accessory building for the sole purpose of pleasure rather than utility, and includes
dogs, cats, rabbits, small birds, and rodents but does not include cattle, sheep, horses, pigs,
poultry, bees, goats and animals customarily kept as farm and exotic animals.
Industrial Use, Light means a use that involves the manufacturing, production, processing,
fabrication, assembly, treatment, repair, packaging, warehousing, wholesaling, and/
or distribution of finished products, predominantly from previously prepared or refined
materials (or from raw materials that do not need refining).
Industrial Use, Heavy means a use engaged in the basic processing and manufacturing of
materials or products predominately from extracted or raw materials, or a use engaged in the
storage of or manufacturing processes using flammable or explosive materials, or potentially
hazardous or commonly recognized offensive conditions.
TOWN OF SALISBURY ZONING BY-LAW NO. 17 06
Institutional Use means the use of land, buildings or structures for a public or not-for-profit
purpose including, but not limited to, schools, residential care facilities, places of worship,
indoor or outdoor recreational facilities, cemeteries, cultural or community centres, hospitals,
and government offices.
Kennel means any premises where animals, excluding livestock, are kept, boarded, or bred
as a commercial service.
Livestock means pigs, horses, cattle, poultry, sheep, goats, llamas, and any other animal
prescribed by the Livestock Operations Act.
Livestock Facilities mean a building used or intended to be used to confine or house
livestock, or a confined non-grazing livestock area, and includes a structure or area used or
intended to be used to store manure.
Loading Space means an area of land provided and maintained upon the same lot or lots
upon which the main use is located, which is used for the temporary parking of a commercial
vehicle while merchandise and materials are being loaded or unloaded from the vehicles.
Lot means any parcel of land which is contained as a separate lot description in a deed of land
or as shown as an approved lot on an approved plan of subdivision filed in the registry office.
Lot, Corner means a lot situated at the intersection of, and abutting on, two or more streets.
Lot Coverage means the percentage of a lot's surface area occupied by main buildings and
accessory buildings and structures.
Lot Frontage means the distance between the intersections of the side lot lines and
measured from the front yard setback.
Lot Line means a common line between a lot and an abutting lot, lane or street, or a lot line
as designated and registered as the legal boundaries at the registry office.
Lot Line, Flankage means a lot line which abuts the street on a corner lot other than a front
lot line.
Lot Line, Front means the cumulative lines common to a lot on an abutting street. In the case
of a corner lot, the shorter side shall be considered the front.
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Lot Line, Rear means the lot line farthest from or opposite to the front lot line.
Lot Line, Side means a lot line other than a front, flankage or rear lot line.
Lot, Through means a lot bounded on two opposite sides by streets or highways provided,
that if any lot qualifies as being both a corner lot and a through lot as defined herein, such lot
shall be deemed to be a corner lot for the purpose of this by-law.
Main Building means the building designed or used for the principal use on the lot.
Main Wall means the exterior front, side or rear wall of a building or structure.
Mini Home premanufactured dwelling unit having an average width of less than 6.1 m.
(20 ft.), not including appurtenances such as porches, entries, etc., and is equipped with the
necessary service connections and made to be readily movable as a unit and designed to be
used as a dwelling unit with or without a permanent foundation. Also commonly referred to
as a mobile home.
Mini Home Park means a parcel of land under single ownership, which has been planned for
the placement of ten or more mini homes, but does not include a campground.
Office means a room or group of rooms used for conducting the affairs of a business, a
practice of a profession, service or government, including but not limited to data processing
and data storage operations, real estate, investment, architecture, legal, or business
management.
Ordinary High Water Mark (OHWM) is the boundary between the land of a waterfront
property owner and Provincial Crown lands. The OHWM is defined as the mean or average
of the normal high tides at a given location. A licensed New Brunswick Land Surveyor can
formally delineate the OHWM.
Outdoor Display Area means an area of land where goods are displayed which are
available for sale to the public from a retail outlet located on the same lot, such as but not
limited to, the display of vehicles, trailers, construction material, landscaping materials, and
prefabricated buildings or structures.
Outdoor Storage means an area on a lot, other than an outdoor display area, for the storage
of merchandise, goods, inventory, materials or equipment or other items.
TOWN OF SALISBURY ZONING BY-LAW NO. 17 08
Outdoor Wood-Burning Furnace means an accessory building or structure which operates
as a heat source for associated main and/or accessory buildings.
Park means an area generally composed of open spaces, which may include a recreational
area, a playground, a playing field, conservation uses, nature trail, or rest stop, or any similar
use, but not including a campground or mini-home park.
Passive Uses means those activities that require minimal permanent development, or
changes to landscape.
Personal Service Shop means a building or a part of a building in which persons are
employed in furnishing direct services and otherwise directly administering to the individual
and personal needs including such establishments as hair salons, massage therapy, pet
grooming, shoe repair shops, tailor shops, dry cleaning, and laundry depots, but excludes
the manufacturing or fabrication of goods for retail or wholesale distribution.
Public Road means a road owned and maintained by the Town of Salisbury or the Province of
New Brunswick.
Quarry means a resource extraction operation that uses explosives to extract consolidated rock.
Reconstruction means the replacement of a building using an existing foundation.
Recreational Use means a use, either privately or publicly held which is designed and
equipped for the conduct of sports, leisure activities and other customary recreational
activities. Recreational uses may include, but are not limited to, parks, trails and indoor or
outdoor recreation facilities together with necessary and accessory buildings and structures,
but do not include commercial campgrounds, shooting ranges or tracks for the racing of any
form of motorized vehicles or animals.
Recreation Use, Passive means a recreation area which has limited disturbance of the
natural environment and has low impact recreation uses such as, but not limited to, trails,
and scenic vistas, and interpretation panels, play parks, sports fields, and open space which
require minimal visitor facilities.
Recreational Vehicle means any vehicle, whether towed or driven that is capable of being
used on a short-term recreational basis for living, sleeping, or eating accommodation of
TOWN OF SALISBURY ZONING BY-LAW NO. 17
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persons, and includes travel trailers, pop-up trailers, campers, motorized campers, motorized
homes or other similar vehicles.
Recycling Depot means a building that is used for the deposit, collection and handling of
wastepaper, rags, bottles or other materials, which are to be delivered wholesale to other
locations for reclamation, processing or salvage.
Residential Care Facility means an institutional use that may include a family shelter, group
care facility, special care home, or similar facility for 24-hour care of persons in need of
personal services, supervision or assistance essential for sustaining the activities of daily living
or for the protection of the individual.
Resource Extraction means any excavation of sand, gravel, clay, shale, limestone or other
deposit for a development or for purposes for the sale or other commercial use of the
material excavated, but excluding rock quarries, oil, gas, and mining.
Resource-Related Use means activities related to agriculture, forestry or aquaculture uses,
and may include biomass production for energy, commercial uses associated with resource
production, but does not include activities related to aggregate extraction.
Restaurant means a building or part of a building where food is offered for sale or sold to the
public for consumption on site or for takeaway, and may be licensed for the sale of alcohol,
but does not, unless otherwise specified, include a drive thru.
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 and may include minor
food processing and packaging in connection with the sale of food products but does not
include a heavy equipment sales establishment or an automobile sales establishment.
Retaining Wall means a structure constructed to hold back or support an earthen bank.
Scrap Yard means a building, warehouse, yard or other premises licensed by the Province of
New Brunswick in which secondhand, used, discarded or surplus metals, bottles or goods,
unserviceable, discarded or junked motor vehicles, bodies, engines or other component
parts of a motor vehicle, and articles of every description, are stored or kept pending resale
or delivery to another person.
TOWN OF SALISBURY ZONING BY-LAW NO. 17 10
Screening means a spatial separation or setback between a defined use and a property line
which may include open spaces, landscaped areas, hedges, trees, fences, walls, berms or
any combination thereof used to visually and/or audibly separate areas or uses.
Self-Storage means a commercial building containing self-contained storage units for
individual rent by the public.
Service Industry means a use whose primary function is to provide products and services
and without limiting the generality of the forgoing, may include a wholesale bakery, an
automobile engine and body repair shop, printing establishments, a laundry or cleaning
business, professional trades and similar uses.
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, radio, television and 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 an establishment used for the repair and service of motor vehicles,
as well as the sale and installation of car parts and accessories.
Shipping Container/Sea Can means any transport container so constructed that is suitable
for being attached to a motor vehicle or train, and is capable of being used for transporting
goods, materials, equipment or livestock notwithstanding that such vehicle is on blocks or
that its running gear is removed.
Shooting Range refers to a location designed or developed for the safe and structured
regular use of firearms for target shooting or shooting competitions, in accordance with the
Canadian Firearms Act.
Sight Triangle means the triangular area on a corner lot defined by a diagonal line
connecting 2 points 6 metres (19.5 feet) from the streets' point of intersection. It is prohibited
to erect a fence, sign or any other structure, or to grow or cause to grow a hedge, bush,
shrub or any other vegetation to a height between 0.75 metre (2.5 feet) and 2.5 metres
(8.2 feet) above grade of the streets that abut the lot.
Sign means any object, device, light, display, painting or structure, or part thereof, which
is used to advertise, identify, display, direct or attract attention to any object, person,
TOWN OF SALISBURY ZONING BY-LAW NO. 17
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institution, organization, business, product, service, event or location by any means,
including words, letters, figures, design, symbols fixtures, colors, illumination or projected
images, except any "sign" which is affixed to the inside of a window or glass door.
Sign Area, means the area of the triangle, rectangle, circle or semicircle which can wholly
enclose the surface area of the sign. Only one side of a multi-faced sign shall be used to
determine sign area. The sign area of individual letters or figures, which are attached or
painted on a surface, shall be the triangle, rectangle, circle, or semicircle, which can wholly
enclose all of the letters, numbers or insignia.
Sign Types include:
Canopy Sign means a sign painted, stamped, perforated, stitched or otherwise applied
on the valance of an awning.
Freestanding Sign means a sign supported independently of a building and
permanently fixed to the ground.
Illuminated Sign means a sign lighted by or exposed to artificial lighting by lights inside
the sign.
Portable Sign means any sign which is specifically designed or intended to be readily
moved from one location to another and which does not rely on a building or fixed
foundation for its structural support, and without limiting the generality of the foregoing,
includes signs commonly known as "Sandwich Signs" or "Mobile Sign", or "Inflatable"
device tethered to any building, structure, vehicle, or other device.
Projecting Sign means a sign, which is wholly or partially dependent upon a building for
support and which projects more than 30 cm (11.8 inches) beyond such building.
Wall Sign means a single faced sign placed flat against the outside wall of a building.
Street means the entire width between the boundary lines of a street, road or highway
vested in either the Province of New Brunswick or the Town of Salisbury.
Street Line means the boundary line of a street.
Structure means anything that is erected, built, or constructed of parts joined together or
TOWN OF SALISBURY ZONING BY-LAW NO. 17 12
any such erection, including but not limited to a fence, deck, dock, or monument, but does
not include a building, flagpole, or utility.
Swimming Pool means a tank or body of water, other than an existing natural body of water
or stream, either above or below ground, which has a possible maximum depth greater than
91 cm (36 inches) intended to be used for diving, swimming or wading.
Telecommunication Towers means a structure that is intended to send or receive wireless
signals for communications purposes and may include an equipment shelter containing
related electronic equipment.
Tourism Use means the commercial use of land to attract and serve people visiting an area
for recreation and vacations, including overnight accommodation.
Use means the purpose for which any land, building or structure is utilized, occupied,
maintained, or leased.
Use, Accessory means a use incidental to and exclusively devoted to a main use of land,
building or structure and located on the same lot.
Use, Secondary means a use other than a main or an accessory use that is conducted
entirely within a building containing the main use unless otherwise specified.
Utility means a public or private system, works, plant or equipment or services that are
intended for the use of the public including but not limited to water, wastewater, storm
drainage, natural gas, treatment facilities, lift stations, pumping stations, and power,
telephone and cable.
Vehicle Sales Establishment means a licensed dealer providing for the sale of more than
five vehicles on a single lot.
Veterinary Clinic means a facility for the medical care and treatment of animals, including
provisions for their overnight accommodation but does not include outdoor facilities such as
kennels, pet runs and enclosures.
Warehousing/Storage means a building used primarily for the commercial storage of
goods and materials for distribution or customer personal use.
TOWN OF SALISBURY ZONING BY-LAW NO. 17
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Watercourse means watercourse as defined in the Clean Water Act, S.N.B.1989, c. C-6.1.
Wetland means land that (a) either periodically or permanently, has a water table at, near or
above the land's surface or that is saturated with water, and (b) sustains aquatic processes as
indicated by the presence of hydric soils, hydrophytic vegetation and biological activities
adapted to wet conditions.
Wholesale Establishment means a building or structure in which commodities in quantity
are offered for sale in bulk, primarily for resale or business use.
Wind Energy System, Commercial means one or more wind turbines developed for
commercial purposes that are connected to the Provincial power network in order to sell
energy to NB Power or a third party.
Wind Energy System, Domestic means a wind turbine that is accessory to the main use on
a lot, which is not operated for commercial purposes.
Wind Turbine means a machine for producing power by flow of air.
Wind Turbine Height means the height above grade to the tip of the rotor blade at its
highest point.
Yard means the part of a lot required to be unoccupied by buildings or structures.
Yard, Flankage means the side yard of a corner lot, which side yard abuts a street.
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 building or structure.
Yard, Rear means a yard extending across the full width of a lot between the rear lot line and
the nearest main wall of any main building or main structure on the lot.
Yard, Required means the minimum setback required for a front, side or rear yard as
established in this By-law.
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.
TOWN OF SALISBURY ZONING BY-LAW NO. 17 14
PART 2 - ADMINISTRATION
2.1 Title
This By-law may be cited as the "Town of Salisbury Zoning By-law", By-law No. 17.
2.2 Purpose
The purpose of this By-law, enacted under the provision of Section 53 of the Community
Planning Act, is to prohibit, regulate and control the use and development of lands
and buildings within the Town of Salisbury, and to facilitate the orderly and economic
development of land in accordance with the policies set forward in the Town of Salisbury
Municipal Plan. This By-law:
a) divides the Municipality into zones as delineated on the Zoning Map, Schedule A, and
forming part of this By-law;
b) prescribes, subject to powers reserved in the Planning Review and Adjustment
Committee:
i)
the purposes for which land, buildings and structures in any zone may be used; and
ii) standards to which land use, and the placement, erection, alteration and use of
buildings and structures must conform; and
c) prohibits the use, placement, erection or alteration of land, buildings or structures other
than in conformity with the purposes and standards mentioned in Subsection b).
2.3 Scope
a) No person shall undertake a development without having obtained a development
permit and no development permit shall be issued unless the applicable administrative
fees have been paid, satisfactory arrangements have been made for sewage disposal
(where applicable), access to the development has been approved and the proposed
development conforms to this By-law.
TOWN OF SALISBURY ZONING BY-LAW NO. 17
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b) All new main buildings on public roads require an access permit issued by the Province
of New Brunswick, except those roads and streets under the ownership or authority of
the local government.
c) A development permit issued under this By-law shall remain valid for a period of one (1)
year from the date of issuance or until the development has been completed or work is
discontinued for a period of one (1) year.
d) When a permit has expired pursuant to subsection b), it may be reinstated by the
development officer under the same terms as the original permit if the scope of the work
has not changed and is still permitted under this By-law.
e) A development permit may be revoked if the development undertaken does not conform
or exceeds the scope of the work authorized under the development permit.
f)
No buildings or structures shall be erected, or altered (including demolition), nor the
use of any building, structure or lot be changed unless a development and/or a building
permit has been issued. No development and/or building permit shall be issued unless
all the provisions of this By-law are satisfied.
g) Nothing in this By-law shall exempt any person from complying with the requirements of
the National Building Code, Building By-law, Subdivision By-law, or any other by-law in
force within the Town or to obtain any license, permission, permit, authority or approval
required by this or any other by-law of the Municipality, or other lawful authority.
h) Where the provisions of this By-law conflict with those of any other municipal or provincial
regulation, by-law or code including regulations pertaining to onsite sewage disposal
systems, the higher or more stringent requirements shall prevail.
i)
Where there is a conflict between a Municipal Plan and a Zoning or Subdivision By-law,
the Municipal Plan shall prevail.
j)
A review of this By-law shall follow, or be conducted along with, the regular ten (10) year
review of the Municipal Plan as required under the Community Planning Act.
TOWN OF SALISBURY ZONING BY-LAW NO. 17 16
2.4 Powers of Council
a) No building may be erected in the Municipality where, in the opinion of the Council,
satisfactory arrangements have not been made for the supply of electrical power, water,
sewerage, streets and other services and facilities.
b) Where, in its opinion, a building or structure is dilapidated, dangerous or unsightly, the
Council may:
i)
require the improvement, removal or demolition of such building or structure at the
expense of the owner; or
ii) acquire the parcel of land on which such building or structure is located.
c) Subject to section 2.3 a) and e), the Council may, within any zone designate the land to
be used for the location or erection of any utility installation including, but not limited to,
the supply of electricity, telephone, water, television, sanitary and storm drainage, and
the disposal of sanitary wastes.
d) No land may be designated or used for the purposes mentioned in subsection c) unless:
i)
such land is essential to the operation of the service concerned; and
ii) any development thereon in a residential zone is adequately buffered from public view.
2.5 Special Powers of the Planning Review and Adjustment Committee
a) No building or structure may be placed, erected or altered on any site where it would
otherwise be permitted under this By-law when, in the opinion of the Planning Review
and Adjustment Committee, the site is marshy, subject to flooding, excessively steep or
otherwise unsuitable by virtue of its soil or topography.
b) The Planning Review and Adjustment Committee may, subject to such terms and
conditions as it considers fit:
i)
authorize, for a temporary period not exceeding one (1) year, a development
otherwise prohibited by this By-law;
TOWN OF SALISBURY ZONING BY-LAW NO. 17
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ii) to authorize, for an additional temporary period not exceeding one (1) year, a
development otherwise prohibited by this By-law if:
a) the applicant holds an authorization under subparagraph (i) that is to expire or
has expired,
b) an application with respect to the land has been made to amend the Zoning
By-law, and
c) the Planning Review and Adjustment Committee has received a resolution from
Council confirming that Council will consider the application referred to in clause
(B); and
iii) require the termination or removal of a development authorized under subsection i)
or ii) at the end of the authorized period.
2.6 Amendments
a) Any person who seeks to have this By-law amended shall:
i)
submit a written and signed application to Council through the Commission. Where
the application involves the rezoning of land which is not owned by the applicant,
the registered property owner shall sign the application or complete a landowner
declaration acknowledging that an application has been made;
ii) pay the administration fee as stated in section 2.7 to Council through the
Commission; and
iii) submit an application under this section shall include any information deemed
necessary by the Commission for the purposes of adequately assessing the
desirability of the proposal.
b) Before giving its views to the Council with respect to an application under this section,
the Planning Review and Adjustment Committee may carry out such investigations as it
deems necessary.
c) Unless, upon the advice of the Planning Review and Adjustment Committee, the Council
is of the opinion there is valid new evidence or a change in conditions, where an
TOWN OF SALISBURY ZONING BY-LAW NO. 17 18
application under this section has been refused by the Council, no further application
may be considered by the Council for one (1) year.
2.7 Administrative Fees
Anyone wishing to obtain services from the Commission is subject to the following fee
schedule:
Service
Fee
Development Permit
$25
Document Approval
$100
Zoning Confirmation letter
$100
Zoning Confirmation/Compliance letter
$200
Temporary Use
$250
Similar or Compatible Use
$250
Variance/Adjustment/PRAC Terms and Conditions
$250
Rezoning/Amendments
$2,000
2.8 Conversion
Where both the metric and imperial measurements have been used for convenience
purposes the metric measurement shall prevail.
2.9 Zone Boundaries
Boundaries between zones shall be determined as follows:
a) where a zone boundary is indicated as following a street or highway, or a street or road
has undergone a street closure process, the boundary shall be the centre line of such
street or highway;
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b) where a railway, electrical transmission line right-of-way or watercourse is included on
the Zoning Map (Schedule A) and serves as a boundary between two or more different
zones, a line midway on such right-of-way or watercourse shall be considered the
boundary between zones unless specifically indicated otherwise; and
c) the Zoning Map (Schedule A) may be amended to utilize any zone in this By-law,
regardless of whether or not such zone has previously appeared on any zoning map.
Such amendments shall be carried out in accordance with the requirements of the
Community Planning Act and shall be in conformity with the policies of the Town of
Salisbury Municipal Plan.
2.10 Permitted Uses
Uses permitted within any zone shall be determined as follows:
a) if a use is not listed as a permitted use, secondary use or accessory use within any zone,
it shall be deemed to be prohibited in that zone, unless deemed a similar or compatible
use by the Planning Review and Adjustment Committee;
b) if any use is listed subject to any special requirements or terms and conditions, it shall
be permitted subject to fulfilling such conditions or requirements as determined by the
Planning Review and Adjustment Committee;
c) where any land or building is used for more than one use, all provisions of this By-law
relating to each use shall be satisfied, except as otherwise provided; and
d) in any zone, all development on Crown land must comply with Section 129 of the Act.
TOWN OF SALISBURY ZONING BY-LAW NO. 17 20
PART 3 - GENERAL PROVISIONS FOR ALL ZONES
3.1 Frontage on a Street
a) No development permit shall be issued unless the lot intended for development fronts
on a publicly owned and maintained street, unless otherwise specifically provided for in
a zone or the lot is located on such other access as approved by the Planning Review and
Adjustment Committee.
b) Notwithstanding subsection a), a development permit may be issued for a mini home
park or other dwelling group containing privately owned streets.
c) Frontage is determined based on the required front yard setback for that zone.
d) When the front lot line of any lot is a curved line or when the side lot lines are not parallel,
the frontage is determined by measuring the horizontal distance between the side lot
lines at the front yard setback.
3.2 Sight Triangle
a) On a corner lot, a building, fence, sign, hedge, shrub, bush or tree or any other structure,
vegetation or landscaping such as a berm, shall not be erected or permitted to grow to a
height more than 0.6 metres (2 feet) within the sight triangle.
b) Provisions of subsection a) shall apply to lots which abut a railway crossing.
3.3 Size of Dwellings
a) No dwelling may be placed, erected or altered so that it has a floor area less than 45 m2
(484 sq ft).
b) For the purposes of this section, floor area or floor area does not include garages,
carports, porches, or decks.
TOWN OF SALISBURY ZONING BY-LAW NO. 17
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3.4 Existing Buildings and Lots
a) Where a building has been constructed on a lot having less than the required
frontage or area, front yard, side yard, rear yard or height required in this By-law, the
building may be enlarged reconstructed, repaired or renovated provided that:
i)
the enlargement, reconstruction, repair or renovation does not further reduce any
setback that does not conform to this By-law; and
ii) all other applicable provisions of this By-law and any other applicable Provincial
regulations are satisfied.
b) Where a lot having less than the minimum required frontage, area, or both is in
existence at the time of enactment of this By-law, the lot may be used provided:
i)
that the use of such lot is permitted in the zone in which the lot is located; and
ii) all other applicable provisions of this By-law and any other applicable Provincial
regulations are satisfied.
c) Nothing in this By-law shall prevent the enlargement of an existing undersized lot,
notwithstanding that it may still have less than the minimum frontage or area required
by this By-law, provided that the contributing lot is not further reduced in area or
frontage than the minimum required in this By-law.
3.5 Existing Front Or Flankage Yards
Notwithstanding any minimum front or flankage yard requirement a building may be
placed, erected or altered so that it is as close to the street line as follows:
a) where there is a building on both sides and within 48.8 metres (160 feet) thereof, the
mean distance between the street line and the adjacent buildings or structures; or
b) where there is a building within 48.8 metres (160 feet) of one side only thereof, the
mean of the front or flankage yard distance and the distance between the street line
and the adjacent building, so long as it does not intrude into the corner sight triangle
as outlined in section 3.2 of this By-law.
TOWN OF SALISBURY ZONING BY-LAW NO. 17 22
3.6 One Dwelling Per Lot
No developer shall construct more than one dwelling on a lot in the Residential
Serviced or the Rural or Rural Residential zones. More than one dwelling on a lot shall be
permitted in the Town Centre, Residential Neighbourhood Service or Dwelling Group
zones provided that:
a) the number of combined units does not exceed the maximum number set in the zone;
b) the minimum zone requirements are complied with; and
c) the dwellings maintain a minimum separation distance of 3.0 metres (10 feet).
3.7 Permitted Encroachments
Any yard setback required by this By-law shall be open and unobstructed by any
building or structure, unless otherwise indicated in this By-law, except to permit uses or
encroachments subject to the following provisions:
a) reduced mobility ramps, lifting devices or steps may be located in any yard to
provide access to the first storey entrance;
b) there may be erected or maintained in any yard, the projections of sill, cornices,
eaves, gutters, chimneys, pilasters, canopies, window bays or other architectural
features, provided that no such structure or feature shall project more than
0.6 metres (2 feet) into any required yard;
c) exterior staircases shall be permitted to project a maximum of 2 metres (6.5 feet) into
any required front, flankage or rear yard;
d) the parking provisions of section 3.13 shall not restrict the location of ornamental
planting or landscaping in any yard, with the exception of the sight triangle provision
of this By-law, unless otherwise indicated in this By-law;
e) as set out in section 3.19, a public utility may be located in any yard; and
f)
signs may be located in the front or flankage yard as set out in section 3.25.
TOWN OF SALISBURY ZONING BY-LAW NO. 17
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3.8 Accessory Buildings
a) Accessory buildings and structures shall be permitted in any zone but shall not:
i)
be used for human habitation;
ii) be built closer to the front or flankage yard than the minimum distance required
by this By-law for the main building of the lot;
iii) be located closer than 1.2 metres (4 feet) from any building or side or rear yard;
iv) exceed 6.7 metres (22 feet) in height in any residential zone or the Town Centre
Zone, or the height of a main building on the same lot in any other zone,
v) exceed 84 square metres (900 sq feet) in area in any residential zone;
vi) be used for the keeping of animals other than household pets, unless otherwise
provided within this By-law; and
vii) be constructed prior to the construction of the main building to which it is
accessory, unless a permit for the main building has been issued, or prior to the
establishment of the main use of the land where no main building is required.
b) Notwithstanding subsection a), accessory building height and size limits do not
apply in the Agricultural, Rural Area, Resource Development, or Intensive Resource
Development Zones.
3.9 Height Regulations
The maximum height of buildings and structures provided in a particular zone in this
By-law, unless otherwise indicated, shall not apply to church spires, lightning rods,
water tanks, elevator enclosures, silos, flagpoles, television, telephone or radio
antennae, ventilators, chimneys, cornices, utility poles/structures, clock towers, or
wind turbines.
TOWN OF SALISBURY ZONING BY-LAW NO. 17 24
3.10 Vehicles and Vehicle Bodies
a) A motorized vehicle, trailer, recreational vehicle, bus, rail car, caboose, shipping container
and any vehicle drawn, propelled or driven by any kind of power, shall not constitute a
dwelling unit, accessory building, nor shall they be used as a commercial building.
b) Notwithstanding subsection a), shipping containers may be used as accessory
buildings in the Rural, Agricultural, Resource Development, Intensive Resource
Development, and Industrial Zones, provided that all applicable requirements for
accessory buildings and zone standards including those relating to setbacks, buffers
and landscaping are respected.
c) Notwithstanding subsection a), a recreational vehicle may be used for temporary
overnight accommodation in a campground.
d) The required front or flankage yard in any residential zone shall not be used for the
storage or display of any recreational vehicle.
3.11 Temporary Construction Uses and Seasonal Vending Facilities
a) Nothing in this By-law shall prevent the use of land or the use or erection of a
temporary building or structure which is accessory to construction in progress,
such as a work camp or construction camp, mobile sales or rental office, tool or
maintenance shed or scaffold, provided that a development permit has been issued
and the temporary building or structure is discontinued and removed within 30 days
following completion of construction.
b) Temporary vending facilities for the sale of seasonal products such as, but not limited
to, outdoor garden centers and ice cream vendors shall be permitted in commercial
zones provided that:
i)
the vending facilities are readily moveable;
ii) the vendor has obtained the necessary approvals from all relevant government
departments; and
iii) the vending facilities shall be located so that they do not obstruct sight visibility
from entering or exiting the property, or be located in the corner sight triangle.
TOWN OF SALISBURY ZONING BY-LAW NO. 17
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3.12 Development Near Watercourses, Wetlands or Waterbodies
a) No development shall be permitted within 30 metres (100 feet) of a watercourse,
waterbody or wetland.
b) Passive recreational uses such as trails and parks, including associated signage, shall
be permitted within the required 30 metres subject to a Watercourse and Wetland
Alteration Permit issued under the Clean Water Act.
c) If it can be demonstrated through ground-truthing by a professional trained in
wetland and watercourse delineation that the waterbody mapping is inaccurate,
development may be permitted as per Municipal Plan policy 7.6.7 and subject to
all other zoning provisions for that zone.
3.13 Parking
The following provisions shall apply to all parking requirements:
a) no building or structure shall be placed, erected, altered or used unless vehicular off-
street parking spaces are provided and maintained in accordance with the requirements
of this section, except where any parking requirement is specifically included elsewhere
in this By-law;
b) all parking shall be provided on the same lot as the use for which parking is required;
c) where a combination of uses are located on a lot, the minimum parking requirements
shall be equal to the combined total of the minimum requirements for each use. Where
a fraction of a space is required, the number of spaces shall equate to requiring an
additional parking space;
d) an off-street parking space shall measure 5.5 metres (18 feet) in length and 2.7 metres
(9 feet) in width and be readily accessible from a public street;
e) off street parking spaces by use, shall be provided as follows:
TOWN OF SALISBURY ZONING BY-LAW NO. 17 26
Use
Parking Spaces
One or two-unit dwelling and mini home
1 per dwelling unit
Multiple unit dwellings
1.25 per dwelling unit
Residential care facility
0.25 per bed
Bed and breakfast/tourist home
1 per rented bedroom
motel/hotel/inn
1 per unit
Retail stores, service and personal service shops
1 per 36.1 square metres (388.6 square feet) of
gross floor area
Banks and offices
1 per 46.5 square metres (500.5 square feet) of
gross floor area
Restaurants and bars
the greater of: 1 per 4 seats or 1 space per 10 square
metres (107.6 square feet) of gross floor area;
Theatres
1 per 5 seats;
Institutional uses/ Assembly buildings (churches,
funeral parlors, arenas, rinks, etc.)
the greater of: 1 per 10 square metres (107.6
square feet) of gross floor area or 1 per 4 persons
Schools
1 per classroom
Day care facilities
1 for the first 2 employees, plus 0.5 per additional
employee + 1 per 10 children
Medical clinics and offices
3 per consulting room;
Warehouses, transport terminals and industrial use
the greater of 1 per 46.5 square metres (500.5
square feet) of gross floor area or 1 per 4 employees
Any use not specified above
1 per 31 square metres (333.4 square feet) of
gross floor area
f)
where parking space requirements are determined based on floor area in subsection
3.13 e), areas dedicated to storage are excluded from the parking space requirements;
g) in addition to subsection 3.13 e), accessible parking spaces shall be provided as per
the requirements of the Barrier-Free Design Building Code Regulation 2021-3 or any
amendment thereto;
h) where a parking lot for more than 10 vehicles, is required or proposed for a development
within the Town Centre, Residential Neighbourhood Service, Highway Commercial or
Industrial Zone, the following provisions apply:
TOWN OF SALISBURY ZONING BY-LAW NO. 17
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i)
the parking lot, entrances and exits, and aisles shall be paved;
ii) parking lots shall be accessible by a maximum of 2 entrances/exits (driveways) with
each having a minimum width of 6 metres (20 feet). No driveway shall meet the
travelled portion of the street at an angle of less than 60-degrees;
iii) parking lot aisles shall maintain a minimum width of 6 metres (20 feet) if parking
spaces are 90-degree angles, or 3.5 metres (12 feet) if parking spaces are angled at
45-degrees;
viii) all parking lots shall contain clearly delineated parking spaces;
ix) the location of approaches or driveways shall be a minimum of 15.2 metres (50 feet)
from the limits of the right-of-way at a street intersection;
x) all entrance/exits and parking lot aisles shall be located at least 3 metres (9.8 feet)
from the rear lot line or side lot line;
xi) no gasoline pumps or other service station equipment shall be located or maintained
on the parking lot;
xii) the parking lot shall be graded and drained in such a manner as to ensure that the
surface water is directed to the Town's storm water system or will not drain onto
neighboring lands or public streets or sidewalks;
x) the parking lot shall have a 1.5 metre (5 feet) wide buffer strip along any public right-
of-way;
xi) if the parking lot is in a residential zone, parking shall be provided in the side or rear
yard of the lot, but shall not be located in the front yard; and
i)
off-street loading space requirements shall be provided for every building or
structure used for commercial, industrial or institutional uses within the Serviceable
Boundary which require the use of vehicles for the receipt or distribution of materials
and shall measure not less than 9.2 metres (30 feet) long and 3.7 metres (12 feet)
wide and overhead clearance of 4.3 metres (14 feet) shall, be provided as follows:
TOWN OF SALISBURY ZONING BY-LAW NO. 17 28
Total Floor Area
Number of Spaces
Up to 1,858.0 sq m (20,000 sq ft)
1
1,858.1 to 4,645.0 sq m (20,000 to 50,000 sq ft)
2
For each additional 4,645.1 sq m (50,000 sq ft)
1
3.14 Drive Thru Queuing Spaces
Where permitted, a drive thru shall incorporate the following design standards:
a) for drive thru restaurants and automated car washes:
i)
6 in-bound queuing spaces for vehicles approaching the drive-up service area, and
ii) 1 outbound queuing space on the exit side of each service position located so as not
to interfere with service to the next vehicle;
b) for drive thru banks and retail stores:
i)
5 in-bound spaces shall be provided, and
ii) 1 out-bound space shall be provided;
c) all queuing spaces shall be a minimum of 6.5 metres (22.5 feet) long and 3 metres (9.5
feet) wide. Queuing lanes shall provide sufficient space for turning and maneuvering and
shall not occupy any portion of a designated fire lane;
d) queuing lanes shall be clearly defined by raised curbs, landscaping or other traffic
devices to ensure traffic separation between drive thru lanes and general on-site traffic
areas such as but not limited to parking lots, laneways and accesses; and
e) queuing lane exits shall ensure clear visibility for vehicles exiting the site.
TOWN OF SALISBURY ZONING BY-LAW NO. 17
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3.15 Fences
Notwithstanding any other provisions of this By-law, a fence may be located in any yard
subject to the following:
a) except for a security fence in a commercial or industrial zone which shall not exceed
3.1 metres (10 feet) and as noted in section 3.2, no fence shall exceed 1 metre (3 feet)
in the required front or flankage yard setback);
b) be a maximum of 2.4 metres (8 feet) in height in any other yard in a residential zone;
c) setback a minimum of 0.6 metres (2 feet) from any lot line, but may be located on the lot
line where all owners affected by the proposed fence have signed the permit application;
d) except for Agricultural, Rural Area, Resource Development, or Intensive Resource
Development zones, no fence may be electrified or incorporate barbed wire or other
dangerous material in its construction; and
e) where a fence is located on top of a retaining wall, the height of the fence shall include
the height of the retaining wall, unless the fence is necessary for public safety reasons, a
fence shall not exceed 1 metre (3 feet) in height above the retaining wall; and
f)
Fences for agricultural uses are exempt from fencing provisions in this section.
3.16 Enclosure for Swimming Pools
Where a swimming pool is located on a lot, it shall:
a) be enclosed by a fence, or by the wall of a building or structure or a combination thereof,
having a minimum height of 1.5 metres (5 feet) measured at grade;
b) where a portion of a wall of a building forms part of an enclosure:
i)
no main or service entrance to the building may be located therein, and
ii) any door therein, other than a door to a dwelling or dwelling unit, shall be self-
closing and equipped with a self-latching device at least 1.1 metres (3.6 feet) above
the ground;
TOWN OF SALISBURY ZONING BY-LAW NO. 17 30
c) where a fence forms an enclosure or part thereof, the fence shall:
i)
be constructed of a chain link material with galvanized, vinyl or other coating or of
wood or of other materials, and shall not have rails, bracing or other attachments on
the outside thereof that would facilitate climbing,
ii) be located:
a) a minimum of 1.2 metres (4 feet) from the edge of the swimming pool,
b) a minimum of 1.2 metres (4 feet) from any condition, structure or ground
elevation that would facilitate being climbed from the outside, and
c) so that the bottom of the fence is elevated by no more than 10.28 centimetres
(4 inches) above grade;
iii) in the case of a chain link construction:
a) no greater than 50 millimetres (2 inches) diamond mesh,
b) steel wire not less than No.12 gauge, or a minimum No.14 gauge covered with
vinyl or other approved coating forming a total thickness equivalent to No.12
gauge wire, and
c) at least 38 millimetres (1.49 inches) diameter steel posts set below frost in an
envelope of concrete and spaced not more than 2.4 metres (8 feet) apart, with a
top horizontal rail of at least 32 millimetres (1.25 inches) diameter steel; or
iv) in the case of wood construction:
a) vertical boarding, not less than 2.5 centimetres by 10.28 centimetres (1 inch by
4 inches) finished dimensions, spaced not more than 3.9 centimetres (1.5 inches)
apart, attached to supporting members and arranged in such a manner as not to
facilitate climbing on the outside, and
b) supporting posts at least 10.3 centimetres (4 inches) square or round with a
diameter of 10.3 centimetres (4 inches), set below frost and spaced not more
TOWN OF SALISBURY ZONING BY-LAW NO. 17
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than 2.4 metres (8 feet) apart, with the portion below grade treated with a
wood preservative, and with a top horizontal rail of at least 5 centimetres by
10.16 centimetres (2 inches by 4 inches) finished dimensions;
v) in the case of construction with materials, and in a manner other than described in
subsection iii) and iv) hereof, the material used and construction shall be of a rigidity
and design equal to the specifications set forth herein;
vi) gates forming part of the enclosure shall:
a) be equivalent to the fence in content, manner of construction and height,
b) be supported on substantial hinges,
c) be self-closing and equipped with a self-latching device at least 1.1 metres
(3.6 feet) above the grade, and
d) be located so that the bottom of the gate be elevated by no more than
10.28 centimetres (4 inches) above grade;
vii) enclosures shall:
a) not exceed 2.4 metres (8 feet) in height,
b) not be located in the required front and/or flankage yards;
d) the walls of an above ground swimming pool may form part of the enclosure if:
i)
the vertical walls of an above ground pool are at least 1.5 metres (5 feet) in height
and do not possess any horizontal members that may facilitate climbing, and
ii) the ladder area, or deck, which provides access to the above ground pool, is
enclosed by a gated enclosure which complies with the requirements for enclosures
set out in this By-law.
TOWN OF SALISBURY ZONING BY-LAW NO. 17 32
3.17 Retaining walls
a) In any zone, retaining walls under 1 metre (3 feet) in height shall be constructed of
decorative blocks or wood, or other suitable material, specifically designed for a
residential area.
b) Retaining walls exceeding 1 metre (3 feet) in height shall be designed by a New
Brunswick Licensed Engineer.
c) Retaining walls shall be setback by a minimum of 0.6 metres (2 feet) from any lot line but
may be located on the lot line where all owners affected by the proposed retaining wall
have signed the permit application.
3.18 The Making of Land by Cutting and Filling
a) In any zone, development which is for the purpose of making land involving the cutting
and filling to a depth in excess of 1 metre (3 feet), shall obtain a development permit.
b) Subsection a) does not apply to the extraction or filling of land directly related to the
construction of buildings or structures for which a development permit has been issued
or is not required.
c) Except where provided for within this By-law, no person may strip, excavate or otherwise
remove topsoil for sale or for use from a lot or other parcel of land.
d) Except for works undertaken by the Crown, Municipality, or an agent acting on their
behalf, erosion protection works exceeding 1 metre (3 feet) in height in all zones shall
obtain a development permit.
e) Notwithstanding subsection b), in the Serviceable Boundary where a walkout basement
will change the existing grade of a property by more than 1 metre (3 feet), an engineered
drainage plan shall be required to ensure that construction will not have a negative
impact on adjacent lots.
TOWN OF SALISBURY ZONING BY-LAW NO. 17
33
3.19 Utilities
Utilities are permitted in all zones. Telecommunication antennas are subject to the siting
review process as specified in the Southeast Regional Service Commission Antenna System
Siting Protocol.
3.20 Development Near a Lagoon or Treatment Plant
Notwithstanding any other provision of this By-law, no dwelling or mini home shall be located
within 90 metres (295 feet) of a sewage lagoon or treatment plant.
3.21 Development Near a Railway
Where residential development is proposed next to an active railway line, the following
shall apply:
a) any new residential dwelling shall be setback a minimum distance of 30 metres (98 feet)
from the railway right-of-way,
b) vacant lots in existence at the time of enactment of this By-law that are unable to meet
railway setbacks may be developed for residential purposes, and
c) residential dwellings in existence at the time of enactment of this By-law, may be
repaired, renovated and expanded provided all other applicable provisions of this
By-law are satisfied.
3.22 Garages and Carports
Where a garage or carport is attached to or incorporated in a dwelling, it becomes part of the
main building for purposes of determining the required yards.
3.23 Home Occupations
a) Where a home occupation is permitted under this By-law, a home occupation is subject
to the following requirements:
i)
no change shall be made to the external appearance of the dwelling which would
TOWN OF SALISBURY ZONING BY-LAW NO. 17 34
indicate that a home occupation is being conducted therein, except for one (1) non-
illuminated home occupation sign which shall not exceed 1.5 square metres
(16 square feet).
ii) no goods or services other than those directly pertaining to the home occupation are
supplied or sold therein or there from,
iii) no external or outside storage of materials, equipment, or containers in connection
with a home occupation to indicate that any part of the property is being used for any
purpose other than a residential use,
iv) there shall be no outside animal enclosures,
v) the home occupation shall not become a nuisance to surrounding landowners,
vi) one (1) additional off-street parking space shall be provided, in addition to the
parking space requirements of this By-law, and
vii) it may have one employee other than those residing in the residence engaged in the
business.
b) Home-Based Business
i)
The maximum area of the dwelling devoted to a home-based business shall not
exceed the lesser of 35 percent of the total floor area of the dwelling or a maximum of
40 square metres (430 square feet) of the dwelling.
c) Home Industry
i)
A home industry may occupy the entirety of an accessory building provided the
accessory building:
a) is not located in required front yard,
b) is set back 10m (32.8 ft) from property lines, and
c) has a maximum area of 94 sq m (900 sq ft) in any residential zone and a maximum
area of 160 square metres (1722 sq ft) in all other zones.
TOWN OF SALISBURY ZONING BY-LAW NO. 17
35
ii) A service station may be considered a home industry only in the Rural Zone provided
that vehicle fluids be stored and disposed of in compliance with all provincial
regulations.
3.24 Landscaping Requirements
a) In any residential zone:
i)
the owner shall landscape the front yard of the main building and any yard that abuts
a street, and any part of the lot within 3 metres (10 feet) of each building thereon,
ii) in the case of a multiple unit dwelling, the owner shall landscape the front yard of
the main building and any yard that abuts a street, and any part of the lot within
4.5 metres (15 feet) of each building thereon,
iii) the landscaping mentioned in i) and ii):
a) may include partial devotion to driveways, paths, patios, walkways, ornamental
shrubbery or trees, and
b) shall be completed not later than one (1) year from the date of the expiration of
the building permit for the main building located thereon.
b) In any commercial and industrial zone:
i)
the developer shall landscape the total area of the lot, except for that part devoted to
buildings and structures, including the paving of parking lots and driveways;
ii) an outdoor display area shall conform to the following standards:
a) be located a minimum of 2 metres (6.5 feet) from any street right-of-way, and
b) the area between the outdoor display area and street line shall be landscaped;
iii) areas not dedicated to parking lots, driveways or buildings or storage areas shall be
grassed and trees and/or shrubs shall be planted at a minimum rate of 1 tree or shrub
for each 20 metres (65.5 feet) of street frontage. Where possible, existing trees and
shrubs shall be maintained;
TOWN OF SALISBURY ZONING BY-LAW NO. 17 36
iv) where a lot in a commercial or industrial zone abuts a residential use, such lot shall
not be developed for a commercial or industrial use unless a buffer, such as an earth
berm, hedge or fence or a combination thereof, is provided and maintained along
the common property lines; and
v) all landscaping shall be completed not later than one (1) year from the date of the
expiration of the building permit for the permitted use.
c) A storm water management plan prepared by a licensed New Brunswick Engineer shall
be provided for all commercial, institutional, industrial and medium and high-density
residential development.
3.25 Signs
a) The following signs shall be permitted in all zones and no development permit shall be
required for their erection:
i)
any sign which has a maximum area of 0.75 square metres (8 square feet) and which
identifies the name and address of a resident;
ii) any sign which has a maximum area of 0.45 square metres (4.8 square feet) and
which regulates the use of property and "no trespassing" signs;
iii) any non-illuminated real estate sign which has a maximum area of 0.75 square metres
(8 square feet) in any residential zone or 2.2 square metres (23.6 square feet) in any
other zone;
iv) any sign which has a maximum area of 0.75 square metres (8 square feet) and which
relays instructions, directions or provides information relative to the premises to
which it is located;
v) any sign which has a maximum area of 4.6 square metres (49.5 square feet) and
which is incidental to construction;
vi) any sign erected by, or under the direction of, a government body such as, but not
limited to, public buildings, providing public information or regulating traffic or safety;
vii) any flag, insignia, notice or advertising of any charitable, religious or fraternal
TOWN OF SALISBURY ZONING BY-LAW NO. 17
37
organization and government agency with a maximum area of 1.7 square metres
(18 square feet);
viii) any memorial sign, plaque or tablet of the municipality, province or federal
government;
ix) any sign that announces a candidate for public office in a municipal, provincial or
federal election; and
x) any sign on the inside of a window.
b) No person shall erect or maintain a sign which:
i)
may create a hazard to public safety or health;
ii) may, for any reason, obstruct the vision of drivers leaving a roadway or driveway, or
detract from the visibility or effectiveness of any traffic sign or control device on public
streets;
iii) obstructs ingress to or egress from a fire escape door, window or other required exit;
iv) except a sign erected by a government agency, no sign shall be located in a public
right-of-way or near a sharp road curve or below the crest of a hill;
v) uses words, other than a traffic control sign erected by a government, such as
"STOP", "LOOK", "DANGER", "ONE WAY" or "YIELD" or any similar words, phrases,
symbols, lights or characters used in a manner which may mislead, confuse or
otherwise interfere with traffic along a public road;
vi is painted on a natural object;
vii) incorporates flashing, pulsating, oscillating, traveling or moving parts; and
viii) advertises an activity, business, product or service no longer conducted on the
premises on which the sign is located, or at another location mentioned on the sign,
and shall be removed by the owner or occupant of the property upon which they
are erected, within sixty (60) days of the date of discontinuance of the business or
product sold.
TOWN OF SALISBURY ZONING BY-LAW NO. 17 38
c) Except for the signs referred to in subsection a), no sign as defined in this By-law shall be
erected, displayed, altered, or enlarged until a development permit has been issued.
d) The following specific sign provisions shall be as follows:
i)
freestanding signs are permitted in the Residential Neighbourhood Service, Town
Centre, Community Use, Highway Commercial, Industrial, Rural Area, Agricultural,
Resource Development and Intensive Resource Development zones provided that no
sign shall:
a) exceed the maximum height of a building or structure allowed in the zone,
except in the Highway Commercial and Industrial zone where the maximum
height is 30 metres (98 feet);
b) exceed 18.6 square metres (200 square feet) in area;
c) exceed a maximum of one in number for every 30 metres (98 feet) of lot frontage
plus one additional sign for each additional 30 metres (98 feet) of lot frontage;
d) be located closer to any street line than 2 metres (6.5 feet);
e) in the case of a corner lot, be located closer to the street line of intersecting or
intercepting streets than 4.6 metres (15 feet);
f)
one freestanding sign is permitted on a property in a Rural Area (RA) zone,
provided that:
i)
it shall not exceed a total gross surface area of 9 square metres (96.8 square
feet) for all sides indicating the name of a farm; and
ii) one sign identifying a business carried on therein or a sign located on a farm
advertising the sale of products produced thereon provided such sign does
not exceed a total gross surface area of 1.5 square metres (16 square feet) for
all sides displaying symbols, images and text;
ii) a projecting sign is permitted in all zones except Residential zones, provided that no
sign shall:
TOWN OF SALISBURY ZONING BY-LAW NO. 17
39
a) exceed a maximum of 1.9 square metres (20 square feet) in area;
b) project more than 1.1 metres (3.5 feet) from the building wall and no sign shall be
located so that any part of it is less than 2.5 metres (8 feet) above the ground;
c) project over a property lines;
d) exceed one in number for each business carried on therein; nor
e) project more than 30 centimetres (12 inches) above the roof of a building;
iii) a wall sign is permitted in all zones, except Residential zones, provided that no sign shall:
a) be painted upon or cover a fence or roof;
b) cover more than 0.6 square metres (6.4 sq feet) per linear metre (3.28 feet) of
wall upon which the sign is affixed and shall not extend beyond the wall of the
building upon which the sign is displayed with proportional allocation for each
business in case of a multiple occupancy building;
iv) a canopy sign shall be permitted in all zones except Residential zones, provided that
no canopy sign shall:
a) be placed, erected or altered unless the sign is attached to, painted or placed
upon a marquee, a canopy or an awning;
b) exceed the length of the wall of the building upon which the canopy or awning is
placed;
c) project over a street line; nor
d) be placed, erected or altered unless the canopy or awning is placed on the
building at a height of at least 2.5 metres (8 feet) above grade;
v) a portable sign shall be permitted in the Town Centre zone, provided that the sign shall:
a) be located at least 2 metres (6.5 feet) from any street line and be anchored to
prevent falling or becoming a hazard.
TOWN OF SALISBURY ZONING BY-LAW NO. 17 40
e) No person shall allow a sign, or any of a signs components, to become unsightly,
dilapidated or unsafe.
f)
Every sign and all parts thereof, including framework, supports, background, anchors and
wiring systems shall be constructed in compliance with any Building By-law requirement
and relevant fire and electrical code. A sign, which in the opinion of the Council has
become unsightly, or is in such a state of disrepair as to constitute a hazard, may be
required to be removed.
3.26 Illumination
No person shall illuminate any area, or erect any illuminated sign, unless all glaring lights
are directed away from adjacent properties or the travelling public on any street or public
right-of-way.
3.27 Outdoor Wood-Burning Furnace
An outdoor wood-burning furnace or structure containing an outdoor wood-burning
furnace shall:
a) only be permitted in the Rural Area, Agricultural, Resource Development, Industrial and
Highway Commercial zones as an accessory use; and
b) be setback a minimum of 30 metres (98 feet) from an abutting lot line except where
the abutting lot is a commercial, community use, or residential zone, in which case the
minimum setback shall be 60 metres (197 feet).
3.28 Domestic Wind Energy System
Domestic wind energy systems shall be permitted as an accessory use in all zones, subject to
the following provisions:
a) the lot shall have a minimum lot area 0.2 ha (0.5 acres);
b) the tower shall not exceed the maximum height of 45 metres (150 feet);
c) only one domestic wind energy turbine shall be permitted per lot;
TOWN OF SALISBURY ZONING BY-LAW NO. 17
41
d) shall be setback, at minimum, 1.5 times the wind turbine height from the rear, front and
side lot lines, dwellings, transmission lines, and public right-of-ways;
e) Any climbing apparatus shall be a minimum of 3 metres (9.8 feet) above grade;
f)
subject to the National Building Code, a domestic wind energy system under 6 metres
(19.6 feet) may be mounted on or attached to another structure;
g) anchor points for guy wires shall be located on the same property that the system is
located. The minimum setback for the guy wire anchors shall be 3 metres (9.8 feet) from
all property lines;
h) there shall be no signs, advertisements or objects attached to or added to the
turbine;
i)
in addition to the application for a development permit, the following information is
required:
i)
provide the manufactures information regarding the type of turbine, total height,
rotor diameter, rated output, and Canadian Safety Certification;
ii) provide a site plan, drawn to scale, showing the location of the domestic wind energy
system in relation to lot lines, dwelling and distance from adjacent dwellings;
iii) submit authorization documents from Transport Canada and Nav Canada; and
j)
the owner shall remove the domestic wind energy system and all supporting structures
from the lot following one year of inactivity. A new application shall be submitted
and approved before a new turbine is installed or a wind turbine is restarted after the
expiration of the one (1) year period.
3.29 Camps
Where camps are a permitted use, a camp must be setback a minimum distance of 30 metres
(100 feet) from a public road.
TOWN OF SALISBURY ZONING BY-LAW NO. 17 42
3.30 Kennels
a) The lot used for a kennel shall be a minimum of 4,000 square metres (43,056 sq ft)
in area.
b) No shelter, building or structure used to accommodate animals shall be located in the
required front yard.
3.31 Campgrounds
New campgrounds and expansions to existing campgrounds are subject to the following
requirements including:
a) establish one or more accesses suitable to accommodate emergency vehicles;
b) design entrances and exits for vehicles in such a way as to minimize any conflict
between vehicles and pedestrians and to not interfere with traffic flow on roadways
or pathways;
c) establish buffers, whether natural or artificial, between the development and adjacent
properties;
d) preserve the natural state of the site by minimizing the removal of trees and soil;
e) meet all the necessary requirements in terms of public health and safety, and the outdoor
development meets all considerations related to fire protection and access;
f)
undergo a water test to ensure a safe and adequate water supply is available for the
development; and
g) provide proof of Environmental Impact Assessment (EIA) approval or exemption.
TOWN OF SALISBURY ZONING BY-LAW NO. 17
43
3.32 Accessory Dwelling Units
a) Where a single unit dwelling is a permitted main use, an accessory dwelling unit shall be
permitted provided it:
i)
does not exceed the lesser of 35% of the dwelling's gross floor area or 80 square
metres (861 sq ft); and
ii) is contained within the single unit dwelling.
3.33 Development in Agricultural Areas
a) New dwellings must be set back a minimum of 15 metres (50 feet) from the property line
of an adjacent property zoned as Agriculture.
b) Livestock facilities:
i)
All new livestock facilities must receive a site plan determination from the provincial
Registrar of Livestock Operations prior to issuance of a development permit.
ii) All new livestock facilities that are determined to be exempt from the Livestock
Operations Act shall be set back no less than 20 metres (65 feet) from any lot line.
TOWN OF SALISBURY ZONING BY-LAW NO. 17 44
PART 4 - ZONE CLASSIFICATIONS
For the purpose of this By-law, the zones shown on the Zoning Map (Schedule A) fall under
the following designations of the Municipal Plan and are referred to as follows:
Town of Salisbury Zones
Residential Designation
Residential Services
RS
Residential Neighbourhood Service
RNS
Town Centre Designation
Town Centre
TC
Commercial Designation
Highway Commercial
HC
Industrial Designation
Industrial
I
Special Entertainment
SE
Rural Designation
Rural Area
RA
Rural Residential
RR
Resource Development
RD
Intensive Resource Development
IRD
Agriculture
A
Open Space Conservation Designation
Open Space Conservation
OSC
Non-specified Designation
Community Use
CU
Dwelling Group
DG
Integrated Development Zone
ID
Sea Level Rise Overlay Zone
SLR
Infill Overlay
IF
TOWN OF SALISBURY ZONING BY-LAW NO. 17
45
PART 5 - RESIDENTIAL SERVICED (RS) ZONE
5.1 Permitted Uses
Any land, building or structure may be used for the purpose of, and for no other purpose:
a) One of the following main uses:
i)
single unit dwelling
ii) two unit dwelling
iii) semi-detached dwelling
iv) park, passive recreation use
b) One of the following secondary uses in conjunction with a permitted single unit dwelling:
i)
home-based business, subject to the requirements of section 3.23b)
ii) bed and breakfast/tourist home
iii) neighbourhood daycare
c) Any accessory building or structure, subject to the requirements of section 3.8, which is
incidental to the main use of the land, building or structure if such main use is permitted
by this subsection.
d) The following uses are permitted subject to such terms and conditions as may be
imposed by the Planning Review and Adjustment committee:
i)
institutional use
ii) residential care facility
iii) recreational use
iv) home industry, subject to section 3.23c)
TOWN OF SALISBURY ZONING BY-LAW NO. 17 46
5.2 Zone Requirements
a) Any permitted use, or new lot, in the Residential Use zone shall comply with the following
regulations:
Residential Serviced
(RS) Zone
Single Unit
Dwelling
Two Unit Dwelling,
Residential Care Facilities,
Institutional & Recreation Uses
Semi-detached
Dwelling
Minimum Lot Area
1207.7 m2
(12,999.68 ft2)
1363 m2
(14,671.3 ft2)
681.5 m2
(7,335.6 ft2)
Minimum Lot Frontage
30.5 m (100 ft)
30.5 m (100 ft)
15.25 m (50 ft)
Minimum Front or
Flankage Yard
12 m (39.3 ft)
12 m (39.3 ft)
12 m (39.3 ft)
Minimum Rear Yard
7.6 m (25 ft)
7.6 m (25 ft)
7.6 m (25 ft)
Minimum Side Yard
one side
other side
3 m (9.8 ft)
1.2 m (4 ft)
4.6 m (15 ft)
1.2 m (4 ft)
4.6 m (15 ft)
0m (common wall)
Maximum Building
Height
11 m (36 ft)
11m (36 ft)
11 m (36 ft)
Maximum Lot Coverage
50%
50%
50%
b) Notwithstanding subsection a), the following zoning requirements shall apply to buildings
and structures on existing undersized lots at the time of enactment of this By-law:
c) All lots shall be serviced by the public sewer system.
Residential Services (RS) Zone
Existing Undersized Lots
Single Unit / Two Unit Dwelling
Well Front Yard
Well Rear/Side Yard
Minimum Front or Flankage Yard
12 m (39.3 ft)
5 m (16.4 ft)
Minimum Rear Yard
7.6 m (25 ft)
7.6 m (25 ft)
Minimum Side Yard
one side
other side
2.5 m (8.2 ft)
1.2 m (4 ft)
4.6 m (15 ft)
1.2 m (4 ft)
Maximum Building Height
11 m (36 ft)
11 m (36 ft)
Maximum Lot Coverage
50%
50%
TOWN OF SALISBURY ZONING BY-LAW NO. 17
47
PART 6 - RESIDENTIAL NEIGHBOURHOOD SERVICE (RNS) ZONE
6.1 Permitted Uses
Any land, building or structure may be used for the purpose of, and for no other purpose:
a) One or more of the following main uses:
i)
single unit dwelling
ii)
two-unit dwelling
iii)
semi-detached dwelling
iv)
veterinarian clinic
v)
medical and health office
vi)
personal service shop
vii) recreational use
viii) funeral home
ix)
institutional use
x)
convenience store
xi)
restaurant
xii) garden nursery
xiii) roadside stand for the sale of agricultural produce
b) One of the following secondary uses in conjunction with a permitted single unit dwelling:
i)
bed and breakfast/tourist home
TOWN OF SALISBURY ZONING BY-LAW NO. 17 48
ii)
neighbourhood daycare
iii)
home-based business subject to section 3.23b)
iv) accessory dwelling unit subject to section 3.32
c) Any accessory building or structure, subject to the requirements of section 3.8, which is
incidental to the main use of the land, building or structure if such main use is permitted
by this subsection.
d) The following uses are permitted subject to such terms and conditions as may be
imposed by the Planning Review and Adjustment committee:
i)
multiple-unit dwelling;
ii)
residential care facility
iii)
commercial daycare centre
iv)
home industry, subject to section 3.23c)
v)
hotels, motels, or inns
TOWN OF SALISBURY ZONING BY-LAW NO. 17
49
6.2 Zone Requirements
a) Any permitted use, or new lot, in the Residential Neighbourhood Service zone shall
comply with the following regulations:
Residential
Neighbourhood
Service (RNS)
Zone
Single Unit
Dwelling
Two Unit
Dwelling &
Residential
Care Facilites
Semi-
detached
Dwelling
Multiple Unit
Dwelling
Commercial,
Institutional
&
Recreational
Use
Minimum Lot
Area
1207.7 m2
(12,999.68 ft2)
1363 m2
(14,671.3 ft2)
681.5 m2
(7,335.6 ft2)
1545 m2
(16630.4 ft2)+
102m2 (1,097.9 ft2)/
dwelling unit over 4
1363 m2
(14,671.3 ft2)
Minimum Lot
Frontage
30.5 m (100 ft)
30.5 m (100 ft)
15.25 m (50 ft)
36 m (118 ft) + 1.5 m
(4.9 ft)/dwelling unit
over 4
30.5 m (100 ft)
Minimum Front
or Flankage Yard
12 m (39.3 ft)
12 m (39.3 ft)
12 m (39.3 ft)
12 m (39.3 ft)
12 m (39.3 ft)
Minimum Rear
Yard
7.6 m (25 ft)
7.6 m (25 ft)
7.6 m (25 ft)
7.6 m (25 ft)
7.6 m (25 ft)
Minimum Side
Yard
one side
other side
3 m (9.8 ft)
1.2 m (4 ft)
3 m (9.8 ft)
1.2 m (4 ft)
3 m (9.8 ft)
0 m (common
wall)
4.6 m (15 ft) or ½
height of the main
building
(the greater of)
4.6 m (15 ft) or ½
height of the main
building
(the greater of)
4.6 m (15 ft)
4.6 m (15 ft)
Maximum
Building Height
11 m (36 ft)
11m (36 ft)
11 m (36 ft)
15 m (50 ft)
15 m (50 ft)
Maximum Lot
Coverage
50%
50%
50%
50%
50%
TOWN OF SALISBURY ZONING BY-LAW NO. 17 50
b) Notwithstanding subsection a), the following zoning requirements shall apply to buildings
and structures on existing undersized lots at the time of enactment of this By-law:
Residential Neighbourhood
Service (RNS) Zone
Existing Undersized Lots
Single Unit / Two Unit Dwelling
Well Front Yard
Well Rear/Side Yard
Minimum Front or Flankage Yard
12 m (39.3 ft)
5 m (16.4 ft)
Minimum Rear Yard
7.6 m (25 ft)
7.6 m (25 ft)
Minimum Side Yard
one side
other side
2.5 m (8.2 ft)
1.2 m (4 ft)
4.6 m (15 ft)
1.2 m (4 ft)
Maximum Building Height
11 m (36 ft)
11 m (36 ft)
Maximum Lot Coverage
50%
50%
c) The lot shall be serviced by the public sewer system.
d) No commercial use parking lots shall be located in the required front yard.
TOWN OF SALISBURY ZONING BY-LAW NO. 17
51
PART 7 - TOWN CENTRE (TC) ZONE
7.1 Permitted Uses
Any land, building or structure may be used for the purpose of, and for no other purpose:
a) One or more of the following main uses:
i)
single unit dwelling
ii)
two-unit dwelling
iii)
semi-detached dwelling
iv)
office
v)
retail store or service industry
vi)
restaurant including a drive thru
vii) service shop or a personal service shop
viii) financial institution
ix)
hotel, motel, inn
x)
automobile sales room or sales lot
xi)
outdoor market
xii) recreation and assembly use
xiii) commercial daycare centre
xiv) institutional uses
xv) funeral home
TOWN OF SALISBURY ZONING BY-LAW NO. 17 52
xvi) parks
xvii) tourism use
b) One of the following secondary uses in conjunction with a permitted single unit dwelling:
i)
neighbourhood daycare
ii)
bed and breakfast/tourist home
iii)
home-based business, subject to the requirements of section 3.23b)
c) Any accessory building or structure, subject to the requirements of section 3.8, which is
incidental to the main use of the land, building or structure if such main use is permitted
by this subsection.
d) The following uses are permitted subject to such terms and conditions as may be
imposed by the Planning Review and Adjustment committee:
i)
multiple unit dwelling
ii)
sales of equipment classified as "compact, utility, or mini" involving outdoor storage
iii)
residential care facility
iv)
service station
v)
home industry subject to 3.23c)
TOWN OF SALISBURY ZONING BY-LAW NO. 17
53
7.2 Zone Requirements
a) Any permitted use, or new lot, in the Town Centre zone shall comply with the following
regulations:
Town Centre
(TC) Zone
Single Unit
Dwelling
Two Unit
Dwelling &
Residential
Care Facilites
Semi-
detached
Dwelling
Multiple Unit
Dwelling
Commercial,
Institutional &
Recreational
Use
Minimum Lot
Area
1207.7 m2
(12,999.68 ft2)
1363 m2
(14,671.3 ft2)
681.5 m2
(7,335.6 ft2)
1545 m2
(16,630.4 ft2)+
122 m2 (1,313.2 ft2)/
dwelling unit
1207.7 m2
(12,999.68 ft2)
Minimum Lot
Frontage
30.5 m (100 ft)
30.5 m (100 ft)
15.25 m (50 ft)
36 m (118 ft) +
1.5 m (4.9 ft)/
dwelling unit over 4
30.5 m (100 ft)
Minimum Front
or Flankage Yard
12 m (39.3 ft)
12 m (39.3 ft)
12 m (39.3 ft)
12 m (39.3 ft)
12 m (39.3 ft)
Minimum Rear
Yard
7.6 m (25 ft)
7.6 m (25 ft)
7.6 m (25 ft)
7.6 m (25 ft)
7.6 m (25 ft)
Minimum Side
Yard
one side
other side
3 m (9.8 ft)
1.2 m (4 ft)
3 m (9.8 ft)
1.2 m (4 ft)
4.6 m (15 ft)
0 m (common
wall)
4.6 m (15 ft) or
½ height of the
main building
(the greater of)
4.6 m (15 ft) or
½ height of the
main building
(the greater of)
4.6 m (15 ft)
4.6 m (15 ft)
Maximum
Building Height
11 m (36 ft)
11m (36 ft)
11 m (36 ft)
15 m (50 ft)
15 m (50 ft)
Maximum Lot
Coverage
50%
50%
50%
50%
50%
TOWN OF SALISBURY ZONING BY-LAW NO. 17 54
b) Notwithstanding subsection a), the following zoning requirements shall apply to buildings
and structures on existing undersized lots at the time of enactment of this By-law:
Village Centre (TC) Zone
Single Unit / Two Unit Dwelling
Well Front Yard
Well Rear/Side Yard
Minimum Front or Flankage Yard
12 m (39.3 ft)
5 m (16.4 ft)
Minimum Rear Yard
7.6 m (25 ft)
7.6 m (25 ft)
Minimum Side Yard
one side
other side
2.5 m (8.2 ft)
1.2 m (4 ft)
4.6 m (15 ft)
1.2 m (4 ft)
Maximum Building Height
11 m (36 ft)
11 m (36 ft)
Maximum Lot Coverage
50%
50%
c) The lot is serviced by a sewer system for public use.
d) All residential multiple unit dwellings require a water study by a New Brunswick licensed
engineer.
e) Except for a single- or two-unit dwelling, no parking space shall be located closer than
3 metres (9.8 feet) from a lot line of a property, except where a fence or other physical
barrier is provided, in which case, no parking spaces shall be located within 1 metre
(3.28 feet) of an adjoining property line.
TOWN OF SALISBURY ZONING BY-LAW NO. 17
55
PART 8 - HIGHWAY COMMERCIAL (HC) ZONE
8.1 Permitted Uses
Any land, building or structure may be used for the purpose of, and for no other purpose:
a) One or more of the following main uses:
i)
automobile, recreational vehicle, farming equipment and general transportation and
heavy equipment sales and services;
ii) service station which allows repair and storage of commercial vehicles
iii) entertainment use
iv) recreation and assembly use
v) institutional use
vi) veterinary clinic
vii) farm market
viii) garden nursery
ix) hotel, motel, inn
x) restaurant including drive thru
xi) office
xii) retail store or service industry
xiii) commercial daycare centre
b) Any accessory building or structure, subject to the requirements of section 3.8, which is
incidental to the main use of the land, building or structure.
TOWN OF SALISBURY ZONING BY-LAW NO. 17 56
c) The following uses are permitted subject to such terms and conditions as may be im
posed by the Planning Review and Adjustment committee:
i)
car wash
8.2 Zone Requirements
a) Any permitted use, or new lot, in the Highway Commercial zone shall comply with
the following regulations:
Highway Commercial (HC) Zone
Serviced (public sewer)
Unserviced
Minimum Lot Area
2414 m2 (25,984.3 ft2)
4704 m2 (50,633.8 ft2)
Minimum Lot Frontage
30.5 m (100 ft)
54 m (177 ft)
Minimum Front or Flankage Yard
12 m (39.3 ft)
12 m (39.3 ft)
Minimum Rear Yard
6 m (19.68 ft)
6 m (19.68 ft)
Minimum Side Yard
one side
other side
4.6 m (15 ft)
4.6 m (15 ft)
4.6 m (15 ft)
4.6 m (15 ft)
Maximum Building Height
15 m (50 ft)
15 m (50 ft)
Maximum Lot Coverage
50%
50%
b) Any fence or other physical barrier constructed along any lot line which abuts a
residential zone or use shall:
i)
maintain a minimum separation distance of 6 metres (19.6 feet) between the
highway commercial use and the lot line of any adjacent residential use; and
ii) no parking space may be located so that any part of it is within 1.2 metres (3.9
feet) of the fence or barrier mentioned in subsection i).
c) Except for an automobile/vehicle sales operation, where any permitted main use
includes outdoor storage the land used for such storage shall be screened from the
street by a wall or solid board fence not less than 2 metres (6.5 feet) and not more
than 2.5 metres (8.2 feet) in height. No material shall be piled higher than the height
of the surrounding fence.
TOWN OF SALISBURY ZONING BY-LAW NO. 17
57
PART 9 - INDUSTRIAL (I) ZONE
9.1 Permitted Uses
Any land, building or structure may be used for the purpose of, and for no other purpose:
a) One or more of the following main uses:
i)
warehousing and wholesale establishment
ii)
moving and storage establishment
iii)
manufacturing/processing/assembly
iv)
service industry
v)
retail store
vi)
recycling depot or scrap yard, subject to section 9.2 c)
vii)
indoor recreational use
viii) scientific and technology establishment
ix)
automobile, recreational vehicle, farming equipment and general transportation
and heavy equipment sales and services
x)
service station which allows repair and storage of commercial vehicles
xi)
entertainment use
xii)
recreation and assembly use
xiii) institutional use
xiv) veterinary clinic
TOWN OF SALISBURY ZONING BY-LAW NO. 17 58
xv)
farm market
xvi) garden nursery
xvii) hotel and motel
xviii) restaurant including drive thru
xix) office
xx)
indoor cannabis production facility
xxi) outdoor cannabis production facility
xxii) High Impact entertainment use
b) Any accessory building or structure, subject to the requirements of section 3.8, which is
incidental to the main use of the land, building or structure.
c) The following uses are permitted subject to such terms and conditions as may be
imposed by the Planning Review and Adjustment committee:
i)
car wash
TOWN OF SALISBURY ZONING BY-LAW NO. 17
59
9.2 Zone Requirements
a) Any permitted use, or new lot, in the Industrial zone shall comply with the following
regulations:
Industrial (I) Zone
Serviced (public sewer)
Unserviced
Minimum Lot Area
2414 m2 (25,984.3 ft2)
4704 m2 (50,633.8 ft2)
Minimum Lot Frontage
30.5 m (100 ft)
54 m (177 ft)
Minimum Front or Flankage Yard
12 m (39.3 ft)
12 m (39.3 ft)
Minimum Rear Yard
6 m (19.68 ft)
6 m (19.68 ft)
Minimum Side Yard
one side
other side
4.6 m (15 ft)
4.6 m (15 ft)
4.6 m (15 ft)
4.6 m (15 ft)
Maximum Building Height
15 m (50 ft)
15 m (50 ft)
Maximum Lot Coverage
50%
50%
b) All landscaping requirements are subject to section 3.24 b).
c) Where land is used for a recycling depot or scrap yard, the following standards shall
apply:
i)
the whole operation shall be surrounded by an opaque fence, not less than 3 metres
(9.8 feet) and not greater than 5 metres (16.4 feet) in height, unpierced except for
gates necessary for access;
ii) the fence shall be located at least 6.1 metres (20 feet) from the front lot line and
1.5 metres (4.9 feet) from the side or rear lot lines, and the land between the fence
and any lot line shall be landscaped except for land required for entrance and exit
driveways; and
iii) no material shall be piled higher than the height of the surrounding fence.
TOWN OF SALISBURY ZONING BY-LAW NO. 17 60
PART 10 - SPECIAL ENTERTAINMENT (SE) ZONE
10.1 Permitted Uses
Any land, building or structure may be used for the purpose of, and for no other purpose:
a) An adult entertainment use
b) Any accessory building or structure, subject to the requirements of section 3.8, which is
incidental to the main use of the land, building or structure if such main use is permitted
by this subsection.
10.2 Zone Requirements
a) Any permitted use, or new lot, in the Special Entertainment zone shall comply with the
following regulations:
Special Entertainment (SE) Zone
Minimum Lot Area
4704 m2 (50,633.8 ft2)
Minimum Lot Frontage
54 m (177 ft)
Minimum Front or Flankage Yard
12 m (39.3 ft)
Minimum Rear Yard
7.5 m (24.6 ft)
Minimum Side Yard
one side
other side
4.6 m (15 ft)
4.6 m (15 ft)
Maximum Building Height
11 m (36 ft)
Maximum Lot Coverage
50%
b) a minimum separation distance of 1000 metres (3,280 feet) shall be maintained between
adult entertainment uses;
c) adult entertainment uses, or related signage, shall not be permitted within 200 metres
(656 feet) of a property containing any of the following existing uses:
i)
a residential use
TOWN OF SALISBURY ZONING BY-LAW NO. 17
61
ii)
a school
iii)
daycare centre or neighbourhood daycare
iv)
motel or hotel
v)
medical and health office
vi)
community use
vii) residential care facility
viii) public park/recreational use
d) An opaque fence a minimum of 2 m in height shall be erected as a visual barrier along all
sides and rear property lines.
TOWN OF SALISBURY ZONING BY-LAW NO. 17 62
PART 11 - RURAL AREA (RA) ZONE
11.1 Permitted Uses
Any land, building or structure may be used for the purpose of, and for no other purpose:
a) One or more of the following main uses:
i)
agricultural use subject to section 3.33
ii)
forestry use
iii)
aquaculture use
iv)
veterinary clinic
v)
kennel subject to section 3.30
vi)
resource-related use
vii) recreation use
viii) single unit dwelling or mini home
ix)
camp, subject to section 3.29
x)
light commercial use subject to section 11.3
xi)
institutional use
xii) domestic wind turbines subject to section 3.28
xiii) a campground subject to 3.31
b) The following secondary uses in conjunction with a permitted single-unit dwelling:
i) home-based business, subject to the requirements of section 3.23b)
TOWN OF SALISBURY ZONING BY-LAW NO. 17
63
ii) an accessory dwelling unit subject to 3.32
c) Any accessory building or structure, including an outdoor wood-burning furnace, subject
to the requirements of section 3.8 and 3.27 which is incidental to the main use of the
land, building or structure if such main use is permitted by this subsection.
d) The following uses are permitted subject to such terms and conditions as may be
imposed by the Planning Review and Adjustment committee:
i)
residential care facility
11.2 Zone Requirements
a) Any permitted use, or new lot, in the Rural Area zone shall comply with the following
regulations:
Rural Area (RA) Zone
Minimum Lot Area
2 ha (4.9 acres)
Minimum Lot Frontage
150 m (492 ft)
Minimum Front or Flankage Yard
Arterial or collector highway
All other streets and roads
15 m (49.2 ft)
12 m (39.3 ft)
Minimum Rear Yard
7.6 m (25 ft)
Minimum Side Yard
one side
other side
3 m (9.8 ft)
3 m (9.8 ft)
Maximum Building Height
11 m (36 ft)
Maximum Lot Coverage
50%
TOWN OF SALISBURY ZONING BY-LAW NO. 17 64
11.3 Light Commercial Use Standards in Rural Areas
The following standards shall apply for light commercial uses:
a)
a maximum of five vehicles may be displayed for sale;
b)
light commercial uses are limited to a maximum gross floor area of 500 square
metres (5,382 sq ft).
c)
Where any parking lot abuts a residential use, a 2 metre (6.5 feet) tall opaque fence
or other visual and physical barrier, including the planting of trees, is required; and
d)
Outdoor storage related to the main use shall be located in the rear yard and shall
be screened from adjacent residential uses with a 2 metre (6.5 feet) tall opaque
fence.
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65
PART 12 - RURAL RESIDENTIAL (RR) ZONE
12.1 Permitted Uses
Any land, building or structure may be used for the purpose of, and for no other purpose:
a) One or more of the following main uses:
i)
single unit dwelling or mini home
b) The following secondary uses in conjunction with a permitted single-unit dwelling:
i)
Home-based business, subject to the requirements of section 3.23b)
ii)
an accessory dwelling unit subject to 3.32
iii)
domestic wind turbines subject to section 3.28
c) Any accessory building or structure, including an outdoor wood-burning furnace,
subject to the requirements of section 3.8 and 3.27 which is incidental to the main use
of the land, building or structure if such main use is permitted by this subsection.
d) The following uses are permitted subject to such terms and conditions as may be
imposed by the Planning Review and Adjustment committee:
i)
residential care facility
ii)
institutional uses
TOWN OF SALISBURY ZONING BY-LAW NO. 17 66
12.2 Zone Requirements
a) Any permitted use, or new lot, in the Rural Area zone shall comply with the following
regulations:
Rural Residential (RR) Zone
Single Dwelling Unit
on Public Sewer
All other lots/uses
Minimum Lot Area
1207.7 m2 (12,999.68 ft2)
4000 m2 (1 acre)
Minimum Lot Frontage
30.5 m (100 ft)
54 m (177 ft)
Minimum Depth
30 m (98.4 ft)
38 m (124.6 ft)
Minimum Front or Flankage Yard
Arterial or collector highway
All other streets and roads
15 m (49.2 ft)
12 m (39.3 ft)
15 m (49.2 ft)
12 m (39.3 ft)
Minimum Rear Yard
7.6 m (25 ft)
7.6 m (25 ft)
Minimum Side Yard
one side
other side
3 m (9.8 ft)
3 m (9.8 ft)
3 m (9.8 ft)
3 m (9.8 ft)
Maximum Building Height
11 m (36 ft)
11 m (36 ft)
Maximum Lot Coverage
50%
50%
TOWN OF SALISBURY ZONING BY-LAW NO. 17
67
PART 13 - RESOURCE DEVELOPMENT(RD) ZONE
13.1 Permitted Uses
Any land, building or structure may be used for the purpose of, and for no other purpose:
a) One or more of the following main uses:
i)
forestry use;
ii)
agricultural use subject to 3.33
iii)
resource extraction, subject to section 13.3
iv)
resource-related uses
v)
recreation uses
vi)
aquaculture uses
vii) a camp subject to 3.29
viii) single unit dwelling subject to zone standards established in section 13.2
ix)
campground subject to 3.31
x)
shooting range
b) One or more of the following secondary uses:
i)
mobile asphalt plant as a secondary use to a resource extraction use;
ii)
a home-based business or home industry subject to section 3.23
c) One or more buildings, structures, or accessory uses related to the main use of the land,
building, or structure.
TOWN OF SALISBURY ZONING BY-LAW NO. 17 68
13.2 Zone Requirements
a) Any permitted use, or new lot, in the Resource Development Zone shall comply with the
following regulations:
Resource Development (RD) Zone
Minimum Lot Area
2 ha (4.9 acres)
Minimum Lot Frontage
150 m (492 ft)
Minimum Front or Flankage Yard
Arterial or collector highway
All other streets and roads
15 m (49.2 ft)
12 m (39.3 ft)
Minimum Rear Yard
7.6 m (25 ft)
Minimum Side Yard
one side
other side
3 m (9.8 ft)
3 m (9.8 ft)
Maximum Building Height
11 m (36 ft)
Maximum Lot Coverage
50%
13.3 Resource Extraction
a) All pits and site plans must meet the following standards:
i)
No extraction shall be undertaken:
a) Within 30 metres (100 feet) of any hydrographic source;
b) Below the groundwater table;
b) The extraction site shall be of a minimum distance of 30 metres (100 feet) from the
property limits, 100 metres (328 feet) from the street, and 150 metres (492 feet) from any
existing dwelling;
c) The operator shall keep the access routes and streets free of dust while transporting the
materials;
TOWN OF SALISBURY ZONING BY-LAW NO. 17
69
d) The main entrances to the site shall have a barrier to control access to the site;
e) For public safety, signs shall be placed at each entrance (main entrance, secondary
entrance, tracks and/or trails, etc.) bearing the word "Danger", the nature of the
operation and a no trespassing. Fencing may be required around part, or all of the site or
pit extraction area;
f)
The operation shall maintain safety slopes at 35% or less, unless it is demonstrated that
the ground can be stabilized in such a way as to prevent landslides and erosion;
g) All surface water shall either be contained within the site limits, or pass through a
sedimentation basin before running outside site limits.
TOWN OF SALISBURY ZONING BY-LAW NO. 17 70
PART 14 - INTENSIVE RESOURCE DEVELOPMENT (IRD) ZONE
14.1 Permitted Uses
In an Intensive Resource Development zone, any land, building or structure may be used for
the purpose of, and for no other purpose:
a) One or more of the following main uses:
i)
resource-related use
ii)
resource extraction, subject to section 13.3
iii)
a quarry
iv)
forestry use;
v)
agricultural use subject to 3.33
vi)
recreation use
vii) aquaculture use
viii) a camp subject to 3.29
ix)
commercial wind farm subject to 14.3
x)
an asphalt plant
xi)
a water bottling operation
xii) an abattoir
xiii) shooting range
b) One or more buildings, structures, or accessory uses related to the main use of the land,
building, or structure.
TOWN OF SALISBURY ZONING BY-LAW NO. 17
71
14.2 Zone Requirements
a) Any permitted use, or new lot, in the Intensive Resource Development Zone shall comply
with the following regulations:
Intensive Resource Development (IRD) Zone
Minimum Lot Area
2 ha (4.9 acres)
Minimum Lot Frontage
150 m (492 ft)
Minimum Front or Flankage Yard
Arterial or collector highway
All other streets and roads
15 m (49.2 ft)
12 m (39.3 ft)
Minimum Rear Yard
7.6 m (25 ft)
Minimum Side Yard
one side
other side
3 m (9.8 ft)
3 m (9.8 ft)
Maximum Building Height
11 m (36 ft)
Maximum Lot Coverage
50%
14.3 Commercial Wind Energy Systems
a) Activities related to a commercial wind energy system may be permitted provided:
i)
all towers are setback a minimum of 1.5 times the wind turbine height from the rear,
front and side lot lines and public rights-of-way;
ii) any climbing apparatus shall be a minimum of 3 metres (9.8 feet) above grade;
iii) anchor points for guy wires shall be located on the same property that the system is
located on. The minimum setback for the guy wire anchors shall be 3 metres (9.8 feet)
from all property lines;
iv) there shall be no signs, advertisements or objects attached to or added to the
turbine;
v) in addition to the application for a development permit, the following information is
required:
TOWN OF SALISBURY ZONING BY-LAW NO. 17 72
a) provide the manufactures information regarding the type of turbine, total height,
rotor diameter, rated output, and Canadian Safety Certification;
b) provide a site plan, drawn to scale, showing the location of the domestic wind
energy system in relation to lot lines, dwelling and distance from adjacent
dwellings; and
c) submit authorization documents from Transport Canada and Nav Canada;
vi) all turbines shall be setback a minimum of 600 m from any existing dwelling; and
vii) the owner shall remove any turbine and all supporting structures from the lot
following one year of inactivity. A new application shall be submitted and approved
before a new turbine is installed or a wind turbine is restarted after the expiration of
the one (1) year period.
TOWN OF SALISBURY ZONING BY-LAW NO. 17
73
PART 15 - AGRICULTURE (A) ZONE
15.1 Permitted Uses
Any land, building or structure may be used for the purpose of, and for no other purpose:
a) One or more of the following main uses:
i)
agricultural use subject to section 3.33
ii) forestry use
iii) aquaculture use
iv) veterinary clinic
v) kennel subject to section 3.30
vi) resource-related use
vii) recreation use
viii) single unit dwelling or mini home
ix) camp, subject to section 3.29
x) institutional use
xi) domestic wind turbines subject to section 3.28
xii) a campground subject to 3.31
b) One or more of the following secondary uses:
i)
Home-based business or home industry, subject to the requirements of section 3.23
ii) an accessory dwelling unit subject to 3.32
TOWN OF SALISBURY ZONING BY-LAW NO. 17 74
iii) light commercial use subject to section 11.3
iv) an abattoir that is secondary to an agricultural use
c) One or several accessory buildings, structures or uses, including an outdoor wood-
burning furnace, subject to the requirements of section 3.27, related to the main use of
the land, building or structure if such main use is permitted by this subsection.
d) The following uses are permitted subject to such terms and conditions as may be
imposed by the Planning Review and Adjustment committee:
i)
residential use that is secondary to an agricultural use
15.2 Zone Requirements
b) Any permitted use, or new lot, in the Agricultural Zone shall comply with the following
regulations:
Agriculture (A) Zone
Minimum Lot Area
2 ha (4.9 acres)
Minimum Lot Frontage
150 m (492 ft)
Minimum Front or Flankage Yard
Arterial or collector highway
All other streets and roads
15 m (49.2 ft)
12 m (39.3 ft)
Minimum Rear Yard
7.6 m (25 ft)
Minimum Side Yard
one side
other side
3 m (9.8 ft)
3 m (9.8 ft)
Maximum Building Height
11 m (36 ft)
Maximum Lot Coverage
50%
TOWN OF SALISBURY ZONING BY-LAW NO. 17
75
PART 16 - OPEN SPACE CONSERVATION (OSC) ZONE
16.1 Permitted Uses
Any land, building or structure may be used for the purpose of, and for no other purpose:
a) One or more of the following main uses:
i)
parks
ii) conservation areas and open space for natural, aesthetic or scientific interest,
including interpretive uses or displays
iii) lands held in trust by conservation groups
iv) passive recreation uses
iv) Public works including municipal uses and flood control
16.2 Zone Requirements
a) Any permitted use, or new lot, in the Open Space Conservation zone shall comply with
the following regulations:
Open Space Conservation (OSC) Zone
Serviced (public sewer)
Unserviced
Minimum Lot Area
1207.7 m2 (12,999.68 ft2)
4704 m2 (50,633.8 ft2)
Minimum Lot Frontage
30.5 m (100 ft)
54 m (177 ft)
Minimum Front or Flankage Yard
Arterial or collector highway
All other streets and roads
12 m (39.3 ft)
15 m (49.2 ft)
12 m (39.3 ft)
Minimum Rear Yard
3 m (9.8 ft)
7.6 m (25 ft)
Minimum Side Yard
one side
other side
3 m (9.8 ft)
3 m (9.8 ft)
3 m (9.8 ft)
3 m (9.8 ft)
Maximum Building Height
11 m (36 ft)
11 m (36 ft)
Maximum Lot Coverage
50%
50%
TOWN OF SALISBURY ZONING BY-LAW NO. 17 76
b) No buildings, other than buildings associated with Municipal infrastructure, shall be
erected in the area identified as the potential flood area on the Hydrographic Map,
Schedule B of this By-law.
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77
PART 17 - COMMUNITY USE (CU) ZONE
17.1 Permitted Uses
Any land, building or structure may be used for the purpose of, and for no other purpose:
a) One or more of the following main uses:
i)
lift stations, lagoons and other public works
ii) municipal facilities and buildings
iii) park, playground or recreational uses
iv) cultural establishment including a community centre, library, and museum
v) medical & health office
vi) institutional use
vii) cemetery
b) Any accessory building or structure, subject to the requirements of section 3.8, which is
incidental to the main use of the land, building or structure if such main use is permitted
by this subsection.
c) The following uses are permitted subject to such terms and conditions as may be
imposed by the Planning Review and Adjustment committee:
i)
residential care facility
ii) campground subject to 3.31
TOWN OF SALISBURY ZONING BY-LAW NO. 17 78
17.2 Zone Requirements
a) Any permitted use, or new lot, in the Community Use zone shall comply with the
following regulations:
Community Use (CU) Zone
Serviced (public sewer)
Unserviced
Minimum Lot Area
1363 m2 (14,671.3 ft2)
4704 m2 (50,633.8 ft2)
Minimum Lot Frontage
30.5 m (100 ft)
54 m (177 ft)
Minimum Front or Flankage Yard
Arterial or collector highway
All other streets and roads
12 m (39.3 ft)
15 m (49.2 ft)
12 m (39.3 ft)
Minimum Rear Yard
7.6 m (25 ft)
7.6 m (25 ft)
Minimum Side Yard
one side
other side
4.6 m (15 ft)
1.2 m (4 ft)
4.6 m (15 ft)
4.6 m (15 ft)
Maximum Building Height
15 m (50 ft)
15 m (50 ft)
Maximum Lot Coverage
20%
20%
TOWN OF SALISBURY ZONING BY-LAW NO. 17
79
PART 18 - DWELLING GROUP (DG) ZONE
18.1 Permitted Uses
In a Dwelling Group zone, any land, building or structure may be used for the purpose of,
and for no other purpose:
a) One or more of the following main uses:
i)
Residential uses subject to 18.2 b)
ii) Recreation uses
iii) A mini home park subject to 18.2 c)
c) One or more buildings, structures, or accessory uses related to the main use of the land,
building, or structure.
18.2 Zone Requirements
a) Any permitted use, or new lot, in the Dwelling Group (DG) Zone shall comply with the
following regulations:
Dwelling Group (DG) Zone
Minimum Lot Area
2 ha (4.9 acres)
Minimum Lot Frontage
150 m (492 ft)
Minimum Front or Flankage Yard
Arterial or collector highway
All other streets and roads
15 m (49.2 ft)
12 m (39.3 ft)
Minimum Rear Yard
7.6 m (25 ft)
Minimum Side Yard
one side
other side
3 m (9.8 ft)
3 m (9.8 ft)
Maximum Building Height
11 m (36 ft)
Maximum Lot Coverage
50%
TOWN OF SALISBURY ZONING BY-LAW NO. 17 80
b) All residential use developments within the Dwelling Group Zone are subject to the
following:
i)
all onsite maintenance (e.g., garbage collection, snow removal) and infrastructure
(e.g., accesses, fire hydrants) are the responsibility of the property owner(s);
ii) all condominium developments must be registered under the New Brunswick
Condominium Act;
iii) all development must follow the National Building Code fire safety setbacks; and
iv) the approval of the local fire chief must be obtained regarding access for
emergency vehicles.
c) A Mini Home Park in the Dwelling Group Zone shall meet the following requirements:
i)
a park shall be serviced by an internal roadway system having a width of at least 12 m;
ii) a park shall be serviced by common water and sewer facilities approved by
appropriate provincial agencies;
iii) all mini home spaces shall:
a) have and contain a width and area of at least 12 m and an area of 375 m2;
b) abut the internal roadway system;
c) include parking for at least one vehicle;
iv) no mini home shall be located within:
a) 3 m of the internal roadway system;
b) 7.5 m of a boundary of the park, or of a service building within it,
c) 7.5 m of another mini home, except that, when two of them are placed end to
end on adjoining spaces, this distance may be reduced to 4 m, or
v) all service buildings shall be permanent structures complying with the National
Building Code of Canada, in effect at the time of this by-law.
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PART 19 - INTEGRATED DEVELOPMENT (ID) ZONE
19.1 Permitted Uses
No development shall be undertaken nor shall any land, building or structure be used on a lot
within any Integrated Development Zone unless Council has approved the development of a
specific proposal under section 58 of the Act.
19.2 Zone Requirements
Standards or requirements for development in an integrated development zone shall be
established by agreement entered into pursuant to section 59 of the Act.
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PART 20 - SEA LEVEL RISE OVERLAY (SLR) ZONE
20.1
The Sea Level Rise Overlay Zone is intended to:
a) promote sustainable development based on the precautionary principle;
b) anticipate, prevent and work against the deterioration of the coastal environment;
c) prevent serious and irreversible damages to the environment as well as to
residents and their property;
d) permit only developments that demonstrate an adaptation to the effects of sea
level rise and storm surges in flood-risk zones; and
e) establish minimal requirements for the prevention of the deterioration of the
environment.
20.2
The permitted uses in the Sea Level Rise Overlay Zone shall be any use permitted in
the underlying zone.
20.3
No main building may be erected, constructed or modified in a SLR zone unless it
meets the following minimal requirements:
a) in the case of a new building:
i)
the minimal elevation of the habitable part shall be established in conformity
with the sea level rise overlay zone section table on the Hydrographic Map
Schedule B;
ii) any permit request must be accompanied by:
a) a plan demonstrating the elevation of the habitable part of the building;
b) a plan demonstrating the flood proofing of all electrical, mechanical and
plumbing by design for the area below the required elevation;
b) in the case of an existing building, the building may be expanded after the
adoption of this By-law if:
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i)
it does not reduce the existing elevation of the building;
ii) it does not increase the non-adapted habitable portion of the building by
the lesser of 25% or 23.2 square meters. A larger non-adapted expansion
necessitates full adaptation in conformity with the sea level rise overlay zone
section on the Hydrographic Map Schedule B;
iii) a non-adapted expansion is limited to one per main building; and
iv) the landowner signs a waiver acknowledging the risks associated with non-
adapted development in the sea level rise overlay zone.
20.4
Section 20.3 does not apply to accessory structures, water-dependent uses, open
space uses or temporary uses permitted under this By-law.
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PART 21 - INFILL OVERLAY (IF) ZONE
21.1
The purpose of the Infill Overlay Zone is to identify areas within 75 metres (246
feet) of the public right of way where smaller lot sizes for residential uses may be
accommodated as per section 12.2.
21.2
The permitted uses in the Infill Overlay Zone shall be any use permitted in the
underlying zone.
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