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Village of Perth-Andover Zoning By-law No. L-7, January 2020
Page 1
Village of Perth-Andover
Zoning By-Law
By-Law No. L-7
Prepared for:
Village of Perth-Andover
Prepared by:
W. Frank Flanagan, P.Eng., FCIP, RPP
Peter Allaby, P.Eng., Project Manager
Crandall Engineering Ltd.
564 Prospect Street
Fredericton, NB E3B 9M3
In association with EXP Services Inc.
Final Report January 2020
Project No. 18086-1
Village of Perth-Andover Zoning By-law No. L-7, January 2020
Page 2
TABLE OF CONTENTS
PART 1 TITLE AND SCOPE......................................................... 3
PART 2 DEFINITIONS.............................................................. 3
PART 3 GENERAL PROVISIONS................................................16
PART 4 GENERAL PROVISIONS FOR ALL RESIDENTIAL ZONES... 26
PART 5 RESIDENTIAL ZONES.................................................
30
PART 6 PROVISIONS FOR ALL COMMERCIAL ZONES.................
41
PART 7 COMMERCIAL ZONES................................................
42
PART 8 PROVISIONS FOR ALL INDUSTRIAL ZONES..................
47
PART 9 INDUSTRIAL ZONES.................................................
48
PART 10 INSTITUTIONAL .........................................................
49
PART 11 PARK AND RECREATION..............................................
51
PART 12 OPEN SPACE............................................................
51
PART 13 RURAL AREA..........................................................
52
PART 14 FLOOD RISK AREA - MANAGEMENT..........................
54
PART 15 SIGN RELUGATIONS................................................
57
PART 16 ADMINISTRATION...................................................
61
Village of Perth-Andover Zoning By-law No. L-7, January 2020
Page 3
VILLAGE OF PERTH-ANDOVER ZONING BYLAW
BY-LAW NO. 00-2020
PART 1:
TITLE AND SCOPE
1)
This by-law may be cited as the "Village of Perth-Andover Zoning Bylaw".
2)
This by-law applies to the Village of Perth- Andover municipal boundaries.
3)
For purposes of this by-law, the Village is divided into zones as delineated on the Village of Perth-
Andover
Zoning Map, Schedule A, attached hereto.
(NOTE: All numerical requirements are provided in metric units of measurement. Imperial units of
measurement, where provided, are for user convenience only. Where a discrepancy between the metric
and the imperial occurs, the metric measurement shall prevail.)
PART 2:
DEFINITIONS
In this Plan the word "shall" is mandatory and not permissive. Words used in the present tense shall
include the future; words used in the singular number shall include the plural and words used in the
plural number shall include the singular. The word "used" shall include "intended to be used", "arranged"
and "designed". All other words shall carry their customary meaning except for those defined
hereinafter:
2.1
ACCESSORY BUILDING means a subordinate building or structure on the same lot as the
main building and devoted exclusively to an accessory use, but does not include a building
attached in any way to the main building.
2.2
ACCESSORY USE means a use subordinate and naturally, customarily and normally
incidental to and dependent upon a main use of land or buildings and located on the
same lot and includes home occupations related to the domestic arts of cooking,
sewing, tutoring or repairing household articles, or related to traditional crafts, any of
which may be carried on within a dwelling without alteration to the dwelling and
without devoting any space within the dwelling to such occupations.
Village of Perth-Andover Zoning By-law No. L-7, January 2020
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2.3
ACT means the Community Planning Act, Bill 45, SNB, 2017 and amendments thereto.
2.4
AGRICULTURAL USE means the use of land and buildings for the production of food,
fibre or flora or the breeding and handling of animals and includes retail or market
outlets for the sale of perishable agricultural goods or for the handling of animals except,
for the purpose of this Plan, such shall not include a kennel or cattery.
2.5
ADULT ENTERTAINMENT ESTABLISHMENTS means an establishment or part thereof
which provides goods or services, including activities, facilities, performances,
exhibitions, viewing and encounters, the principle characteristic of which is the nudity
or partial nudity of any person.
Village of Perth-Andover Zoning By-law No. L-7, January 2020
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2.6
ALTERATION means any change in a structure component or any increase in the volume
of a building or structure.
2.7
ATTACHED BUILDING means a building otherwise complete in itself, which depends for
structural support, or complete enclosure upon a division wall or walls shared in
common with an adjacent building or buildings.
2.8
AUTOMOBILE BODY SHOP means a building or a clearly defined space on a lot used for
the storage, repair, and servicing of motor vehicles including body repair, painting and
engine rebuilding but does not include an automobile service station or an automobile
sale establishment.
2.9
AUTOMOTIVE REPAIR OUTLET means a building or part of a building or a clearly defined
space on a lot used for minor or major repair of motor vehicles and may include muffler,
brake, tire and glass replacement, transmission repair and replacement, wheel alignment,
and other customizing activities directly related to the repair or alteration of motor
vehicles but shall not include the manufacturing or fabrication of motor vehicle parts for
the purpose of sale nor the retailing of gasoline or other fuels, nor does it include an
automobile body shop.
2.10
BASEMENT means that portion of a building between two floors which is partially
underground and which has at least one-half of its height from the finished ceiling above
grade.
2.11
BED & BREAKFAST/ TOURIST HOME means a single detached dwelling in which there is
a resident owner or resident manager who provides overnight accommodation and
meals (usually breakfast, but occasionally other meals as well) for the traveling public,
notably tourists.
2.12
BOARDING OR ROOMING HOUSE means a dwelling in which the proprietor supplies
either room or room and board, for monetary gain, to more than three persons,
exclusive of the owner of the building or members of his family.
Village of Perth-Andover Zoning By-law No. L-7, January 2020
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2.13
BUILDING means any structure whether temporary or permanent, used or built for the
shelter, accommodation or enclosure of persons, animals, materials or equipment and
includes any vessel or container used for any of the foregoing purposes.
2.14
CARPORT means a building or structure which is not wholly enclosed and is used for the
parking or storage of private passenger vehicles.
2.15
CAR WASH means a building or structure containing one or more wash bays, attended or
unattended by
Village of Perth-Andover Zoning By-law No. L-7, January 2020
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staff, wherein vehicles are washed. The car wash may operate on its own or in
conjunction with an automobile service station.
2.16
CEMETERY means the use of land primarily as landscaped open space in the placement
of grave sites. Chapels, Churches crematoria, funeral home establishments and related
facilities may be incorporated as accessory uses.
2.17
COMMERCIAL VEHICLE means any vehicle which is licensed as a commercial carrier as
determined by the Registrar of Motor Vehicles.
2.18
COUNCIL means the Council of the Village of Perth-Andover.
2.19
COMMITTEE means the Planning Advisory Committee of the Village of Perth-Andover as
established by the Council.
2.20
CONVENIENCE STORE means a retail store which serves the daily or occasional needs of
residents of the immediate area with a variety of goods such as groceries, meats,
beverages, dairy products, patent medicines, sundries, tobacco, hardware, magazines,
videos and newspapers.
2.21
DEVELOPMENT means development defined as in the "Act".
2.22
DEVELOPMENT OFFICER means the officer of the Village of Perth-Andover from time to
time charged by the Village with the duty of administering the provisions of this Plan.
2.23
DRIVE-IN BUSINESS AUTOMOTIVE means an establishment providing rapid cleaning,
lubrication, maintenance or repair services to motor vehicles where the customer
typically remains within his vehicle or waits on the premises. Typically uses include
automatic or coin operated car washes, rapid lubrication shops, appraisal, or specialty
repair establishments.
2.24
DWELLING
Village of Perth-Andover Zoning By-law No. L-7, January 2020
Page 8
(a)
Dwelling means a building or part of a building, occupied or capable of being occupied
as a home or residence by one or more persons, and containing one or more dwelling
units but shall not include a hotel, a motel or hostel.
(b)
Dwelling Unit means one or more habitable rooms designed, occupied or intended for
use by one or more persons as an independent and separate housekeeping establishment
in which a kitchen, sleeping and sanitary
Village of Perth-Andover Zoning By-law No. L-7, January 2020
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facilities are provided for the exclusive use of such persons.
(c)
Dwelling, Single Unit means a building which is a completely detached dwelling unit and
having a minimum width of any main wall of not less than 6.1 m (20 feet) .
(d)
Dwelling, Mini means a building unit that is designed to be used with or without a
permanent foundation as a dwelling for humans, that has a width of less than six metres
throughout its entire length exclusive of steps or porches, that is not fitted with facilities
for towing or to which towing apparatus can be attached and that is capable of being
transported by means of a flat-bed float trailer from the site of its construction without
significant alteration.
(e)
Dwelling, Mobile means a detached dwelling designed for transportation after
fabrication, whether on its own wheels or on a flatbed or other trailer and at the site
where it is to be occupied as a dwelling complete and ready for occupancy, except for
minor and incidental unpacking and assembling, and having a width of five metres or less
and located on the site on wheels, jacks or similar supports, or on a permanent foundation.
For the purpose of this By-law, the removal of the wheels or the permanent or semi-
permanent attachment of a foundation to a mobile home shall not change the
classification.
(f)
Dwelling, Two Unit means a building containing two dwelling units.
(g)
Dwelling, Multiple Unit means a building containing three or more dwelling units.
(h)
Dwelling Unit, Accessory means a dwelling unit which is secondary to the principal
dwelling unit and contained in the basement or cellar of the same building.
(i)
Dwelling, Rowhouse means a dwelling containing at least three and no more than six dwelling
units, such units being constructed adjoining with common walls, and not one above
the other, with individual entrances from the street level directly.
Village of Perth-Andover Zoning By-law No. L-7, January 2020
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2.25
ENTERTAINMENT USE means any building or part of a building which is used for
commercial entertainment, amusement or relaxation and, without limiting the
generality of the foregoing includes a tavern, nightclub or other beverage room, an
arcade or amusement centre and a pool or billiard hall, but specifically limiting the
generality of the foregoing does not include an adult entertainment establishment.
2.26
ERECT means to build, construct, reconstruct, alter or relocate, and without limiting the
generality of the foregoing, shall be taken to include any preliminary physical operation
such as excavating, grading, piling, cribbing, filling, or draining and structurally altering
any existing building or structure by an addition,
Village of Perth-Andover Zoning By-law No. L-7, January 2020
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deletion, enlargement or extension.
2.27
ESTABLISHED GRADE means with reference to a building, the average elevation of the
finished surface of the ground where it meets the exterior of such building, and when
used with reference to a structure, shall mean the average elevation of the finished
grade of the ground immediately surrounding such structures, exclusive in both cases
of any artificial embankment or entrenchment and when used with reference to a
street, road or highway means the elevation of the street, road or highway established
by the Municipality or other designated authority.
2.28
EXISTING means in existence on the effective date of this Plan.
2.29
FLOOD RISK AREA means the flood plain, or portion thereof, mapped and designated as
an area subject to occasional flooding for the purpose of administering public policy and
programs. The Flood Risk Area is usually defined by a major past flood event, an
envelope of past flooding, or by the statistically defined flood which would occur on
average once in 100 years ( or an area which has 1 % probability of being flooded in any
given year).
2.30
FLOODWAY means the area normally occupied by the river in which most of the
floodwaters are conveyed and where water velocities are typically high and
damages are often excessive. For purposes of this by-law, the Floodway is
defined as that land area lying at or below 83.2 metres in elevation.
2.31
FLOODWAY FRINGE means the portion of the flood plain outside of the floodway
but still subject to flooding, generally by water with little or no velocity. For
purposes of this by-law, the Floodway Fringe is defined as that area of land lying
between 83.2 and 85.2 metres in elevation.
2.32
FORESTRY USE means commercial silviculture and the production of timber or pulp
and any uses
Village of Perth-Andover Zoning By-law No. L-7, January 2020
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associated with a forestry use, including sawmills, related vehicle and equipment
storage and maintenance buildings and yards and retail and wholesale outlets for wood and wood
products.
2.33
GARDEN SUITE means a portable detached dwelling unit which is designed to be
temporarily placed in the yard of an existing single unit detached dwelling and removed
when it is no longer occupied by the party for whom it was established.
2.34
GAS BAR means an establishment where motor vehicle fuel and other liquids necessary
for the operation of a vehicle are sold to the general public, and may include the sale of
convenience items. "Automotive Repair Outlet" is a separate use.
2.35
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; and for the purpose
of this clause, the walls of an inner court shall be deemed to be exterior walls.
2.36
HEIGHT means the vertical distance of a building between the established grade and
highest point of the roof surface for flat, hip, or gable roofs, and to the deck line for
mansard and gambrel roofs.
2.37
HABITABLE SPACE means the space within a dwelling unit in which living functions are
normally carried on, and includes living rooms, dining rooms, kitchens, bathrooms, dens
and recreation rooms, storage rooms, workshops and recreational rooms located in a
basement or cellar.
2.38
HOME BUSINESS means a secondary use on a lot that contains a single - family dwelling,
which use may entail an office in the dwelling and does entail the storage of not more
than a total of 3 commercially licensed vehicles or pieces of equipment for the purpose
of
2.39
performing work at other locations.
Village of Perth-Andover Zoning By-law No. L-7, January 2020
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2.40
HOME OCCUPATION means an accessory business use conducted by the resident in a
portion of a dwelling unit not exceeding 20 % of the floor area. Refer to subsection 4.1.3
for further requirements pertaining to this use.
2.41
HOTEL/MOTEL means a commercial building providing temporary accommodations for
travelers or transients on a year-round basis, and may have a public dining room and
convention room.
2.42
IN-LAW SUITE means an apartment contained within a principle single detached dwelling
designed to be a temporary living unit and is internally accessible from the main
dwelling unit.
2.43
KENNEL means a building or structure used for the enclosure of more than two (2) dogs
which are kept for the purposes of commercial breeding or showing or for commercial
boarding with or without veterinary care.
2.44
LANDSCAPED OPEN SPACE means a portion of a lot area which is not used for buildings,
structures, parking spaces and driveways and which consists of grass, flower beds,
shrubbery, other forms of natural landscaping, or a combination thereof.
2.45
LOADING SPACE means an area of land provided and maintained upon the same lot or lots upon
which
the main use is located, and which has adequate access to permit ingress and egress by
means of driveways, aisles or maneuvering areas and which is used for the temporary
parking of a commercial motor vehicle while merchandise of materials are being loaded
or unloaded from the vehicles.
2.46
LOT means a parcel of land, whether or not it is shown as a lot on a filed plan of
subdivision, which is occupied or to be occupied by one or more main buildings,
structures or uses, and including all yards and landscaped open spaces required by this
Plan.
Village of Perth-Andover Zoning By-law No. L-7, January 2020
Page 14
(a)
Corner Lot means a lot situated at the intersection of, and abutting on, two or more streets.
(b)
Through Lot means a lot bounded on two opposite sides by streets or highways
provided, however, that if any lot qualifies as being both a corner lot and a through lot
as herein before defined, such lot shall be deemed to be a corner lot for the purpose of
this Plan.
(c)
Interior Lot means a lot other than a corner lot.
2.47
LOT AREA means the total horizontal area within the lot lines of a lot.
2.48
LOT DEPTH means the horizontal distance between the front and rear lot lines. Where
these lot lines are not parallel, the lot depth shall be the length of a line joining the mid-
points of the front and rear lot lines.
2.49
LOT FRONTAGE means the horizontal distance between the side lot lines as measured
along the front lot line. In the case of a corner lot with a day lighting triangle, the front
and flankage lot lines shall be deemed to extend to their hypothetical point of
intersection for the purpose of calculating the frontage.
2.50
LOT LINE
(a)
Lot Line means a boundary or exterior line of a lot.
(b)
Front Lot Line means the line dividing the lot from the street or from the unlisted traveled way;
and
(i)
in the case of a corner lot - the shorter boundary line abutting the street shall be
deemed to be the front lot line and the longer boundary line abutting the street
shall be deemed to be the flankage lot line; and where such lot lines are of
equal length, the front lot line shall be either of the lot lines and the other lot
Village of Perth-Andover Zoning By-law No. L-7, January 2020
Page 15
line shall be the flankage lot line; boundaries dividing the lot from a street shall
be deemed to be the front lot line; or
(ii)
in the case of a lot which has as one of its boundaries the shore line of a lake
or the bank of a river, the lot line facing the access road shall be deemed to
be the front lot line.
(c)
Rear Lot Line means the lot line farthest from or opposite to the front lot line.
(d)
Side Lot Line means a lot line other than a front or rear lot line.
(e)
Flankage Lot Line means a side lot line which abuts the street on the corner lot.
2.51
MAIN BUILDING means the building in which is carried on the principal purpose or
purposes for which the building lot is used.
2.52
MAXIMUM LOT COVERAGE means that percentage of the lot area covered by all
buildings above ground level, and shall not include that portion of such lot area which
is occupied by a building or portion thereof which is completely below ground level,
and for the purpose of this definition the maximum lot coverage in each zone shall be
deemed to apply only to that portion of such lot which is located within said zone.
2.53
MEDICAL AND HEALTH OFFICE means an establishment used by qualified medical
practitioners and staff, for the provision of medical and health care on an outpatient
basis. This term refers to such uses as medical or dental offices, occupational health and
safety offices, physiotherapy services, counseling services, chiropractic services and
ancillary clinic counseling services, but does not include veterinary services.
2.54
MUNICIPALITY means the Village of Perth-Andover.
2.55
NEIGHBOURHOOD DAYCARE CENTRE means an establishment for the provision
of care and supervision of 6 to 15 children operating in a residential area, as
Village of Perth-Andover Zoning By-law No. L-7, January 2020
Page 16
regulated under The Family Services Act (NB Regulation 83-85)
2.56
NURSING HOME means a building where nursing care and room and board are
provided to individuals incapacitated in some manner for medical reasons.
2.57
OFFICE means a room or rooms where business may be transacted, a service
performed or consultation given but shall not include the manufacturing of any
product or the retail selling of goods.
2.58
OPEN SPACE means land which is inappropriate for development by reason of having
inherent or natural hazards such as susceptibility to flood or erosion which, if
developed, may cause property damage or loss of life. "Landscaped Open Space" is a
separate definition.
2.59
OUTDOOR DISPLAY COURT means an area of land where goods are displayed which are,
or which are similar to other goods which are, available for sale to the general public
from a retail outlet located on the same lot or on another lot. Without limiting the
generality of the foregoing, outdoor display includes the display of cars, trucks, vans,
motor homes, trailers, boats, snowmobiles, motorcycles, swimming pools, decorative
fountains and prefabricated cottages and homes.
2.60
OUTDOOR STORAGE means the storage of merchandise, goods, inventory, materials or
equipment or other items which are not intended for immediate sale, by locating them
on a lot exterior to a building.
2.61
PARKING LOT means an open area containing parking spaces, other than a street, for
two or more motor vehicles, available for public use or as an accommodation for clients,
customers or residents and which has adjacent access to permit ingress or egress of
motor vehicles to a street or highway by means of driveways, aisles or maneuvering
areas where no parking or storage of motor vehicles is permitted.
2.62
PARKING SPACE means an area of not less than 18.5 square metres (200 square feet),
Village of Perth-Andover Zoning By-law No. L-7, January 2020
Page 17
measuring 3.0 metres (10 feet) by 6 metres (20 feet)., for the temporary parking or
storage of motor vehicles, and which has adequate access to permit ingress and egress
of a motor vehicle to and from a street or highway by means of driveways, aisles or
maneuvering areas.
2.63
PERSONAL SERVICE SHOP means a building or part of a building in which persons are
employed in furnishing direct services and otherwise directly administering to the
individual and personal needs of persons, and without limiting the generality of the
foregoing, may include such establishments as barber shops, beauty parlors, automatic
laundry shops, hairdressing shops, shoe repair and shoe shining, and tailoring, laundry
and dry-cleaning collection depots and shops, but excludes the manufacturing or
fabrication of goods for retail or wholesale distribution.
2.64
PLAN means the Municipal Plan of the Village of Perth-Andover.
2.65
PUBLIC PARK means a park owned or controlled by a public authority or by any board,
commission or other authority established under any statute of the Province of New
Brunswick.
2.66
RECREATION USE means the use of land, buildings and structures for parks, playgrounds,
tennis courts, lawn bowling greens, indoor and outdoor skating rinks, athletic fields, golf
courses, boat and yacht clubs, picnic areas and swimming pools, and similar uses to the
foregoing, together with necessary and accessory buildings and structures, but does not
include commercial camping grounds nor a track for the racing of any form of motorized
vehicles or any animals.
2.67
RE-CYCLING DEPOT means a building which is used for the deposit, collection and
handling of waste paper, rags, tires, bottles or other materials which are to be delivered
wholesale to other operations for reclamation, processing or salvage, but shall not
include any such salvage or processing on the same lot or within any building used as a
re-cycling depot.
Village of Perth-Andover Zoning By-law No. L-7, January 2020
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2.68
RESIDENTIAL CARE FACILITY means a building or place or part of a building in which
accommodation and nursing, supervisory and/or personal care is provided, or is made
available for more than three persons with social health, legal, emotional, mental or
physical handicaps or problems, and includes such facilities as are licensed by the Homes
for Special Care Act, the Children's Services Act, or by any other provincial legislation,
but does not include any public or private hospital or sanatorium, or a jail, prison or
reformatory, or a hostel.
2.69
RETAIL STORE means a building or part of a building in which goods, wares,
merchandise, substances, articles or things are offered for sale directly to the public at
retail value.
2.70
SALVAGE YARD means a lot or premises for the storage, handling or processing of and
sale of scrap material, and without limiting the generality of the foregoing, shall include
waste paper, rags, bones, used bicycles, vehicles, tires, metal or other scrap material or
salvage.
2.71
SCREENING means the use of landscaping, fences or berms to visually and/or audibly
separate areas or uses.
2.72
SERVICE STATION means a building or part of a building or a clearly defined space on a
lot used for the retail sale of lubricating oils and gasolines and may include the sale of
automobile accessories and the servicing and general repairing of motorized vehicles
and may include washing establishments.
2.73
SETBACK means the minimum horizontal distance between the site boundary and the
nearest point of the foundation or exterior wall of the building, whichever is the lesser,
or another part of the building if specified elsewhere in this Plan.
2.74
SHOPPING CENTRE means a commercial development consisting of more than one
business establishment which is designed, developed, operated or controlled by a single
owner or tenant, or a group of owners or tenants containing retail uses, banks and
Village of Perth-Andover Zoning By-law No. L-7, January 2020
Page 19
financial institutions, restaurants, food and grocery stores, and office uses and
distinguished from a business area comprising unrelated individual uses and
characterized by the sharing of common parking areas and driveways.
2.75
SIGN means any structure, device, light, painting or other representation or natural
object which is used to identify, advertise or attract attention to any object, place
activity, person, institution, organization, firm, group, commodity, profession, enterprise,
industry or business, or which display or include any letter, work, model, banner, flag,
pennant, insignia, device or representation used as an announcement, direction or
advertisement, and which is intended to be seen from off the premises or from a parking
lot, except any "signs" which are affixed to the inside of a window or glass door.
2.76
STOREY means that portion of a building which is situated between the top of any floor
and the top of the next above it, and if there is no floor above it, the portion between the
top of such floor and the ceiling above it.
2.77
STREET OR ROAD means the whole and entire right-of-way of every highway,
road, or road allowance vested in the Government of Canada, Province of New
Brunswick or the Village of Perth-Andover.
2.78
STREET LINE means the boundary line of a street.
2.79
STRUCTURE means anything that is erected, built or constructed of parts joined
together or any such erection fixed to or supported by the soil or by any other structure.
2.80
UTILITY SERVICE means the component of a water, sewage, storm water or solid waste
disposal, cable television, electrical power, or telecommunications system.
2.81
VETERINARY CLINIC means a facility for the medical care and treatment of animals and
includes provisions for their overnight accommodation but does not include any
Village of Perth-Andover Zoning By-law No. L-7, January 2020
Page 20
outdoor facilities such as kennels, pen runs and enclosures.
2.82
WAREHOUSE means a building used primarily for the storage of goods and materials.
2.83
WAREHOUSING AND DISTRIBUTION CENTRE means a building used for the storage,
wholesaling and distribution of goods and materials.
2.84
WATERCOURSE means any lake, river, stream, ocean or other body of water.
2.85
WHOLESALE ESTABLISHMENT means a building in which commodities in quantity are
offered for sale chiefly to industrial, institutional, and commercial users or to retailers or
other merchants mainly for resale or business use.
2.86
YARD means an open, uncovered space on a lot appurtenant to a building, except a court
bounded on two or more sides by buildings. In determining the minimum yard
measurements, the minimum horizontal distance from the respective lot lines shall be
used.
(a)
Front Yard means a yard extending across the full width of a lot and between the front
lot line and the nearest wall of any main building or structure on the lot; and "required
front yard" or "minimum front yard" means the minimum depth required by this Plan
of a front yard on a lot between the front lot line and the nearest main wall of any
building or structure on the lot.
(b)
Rear Yard means a yard extending across the full width of a lot and between the rear lot
line and nearest wall of any main building or structure on the lot; and "required rear
yard" or "minimum rear yard means" the minimum depth required by this Plan of a rear
yard on a lot between a rear lot line and the nearest main wall of any building or structure
on the lot.
(c)
Side Yard means a yard extending between the front yard and the rear yard and between
Village of Perth-Andover Zoning By-law No. L-7, January 2020
Page 21
a side lot line and the nearest main wall of any building on the lot; and "required side
yard" or "minimum side yard" means the minimum breadth required by this Plan of a
side yard on a lot between a side yard line and the nearest main wall of any building or
structure on the lot.
(d)
Flankage Yard means the side yard of a corner lot, which side yard abuts a street, and
"required flankage yard" or "minimum flankage yard" means the minimum side yard
required by this Plan where such yard abuts a street.
PART 3:
GENERAL PROVISIONS FOR ALL ZONES
3.1.1
PERMITS
(a)
No development shall be permitted unless all the provisions of this Plan are satisfied.
(b)
Any permit (i.e., building permit) shall be in force for a period of one year from the date
of issue and any permit may be re-issued upon request and subject to review by the
Development Officer.
(c)
Notwithstanding Subsection (a), no permit shall be required for the following:
(i) any accessory building or structure which has less than 19 square metres (200 square
feet) of gross floor area; and (ii) any sign permitted according to Section 15.1.2 of this
Plan.
3.1.2
LICENSES, PERMITS AND COMPLIANCE WITH OTHER BY-LAWS
(a)
Nothing in this Plan shall exempt any person from complying with the requirements of the
Building By-law or any other by-law in force within the Village, or to obtain any license,
permission, permit, authority or approval required by any other by-law of the Village or
statute and regulation of the Province of New Brunswick or the Government of Canada.
(b)
Where the provisions in this Plan conflict with those of any other municipal or provincial
regulations, by- laws or codes, the higher or more stringent requirement shall prevail.
3.1.3
SEWAGE DISPOSAL AND WATER SYSTEMS
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(a)
Where municipal central sewerage and water services are available, no development
shall be permitted except where the development is provided with such services.
(b)
Where any lot is developed with a septic tank and disposal field, the minimum on-site
requirements of this Plan shall apply for the purpose of obtaining approval. For the
purpose of obtaining a permit for the installation of a septic tank, the regulations of the
Department of Public Safety shall prevail.
3.1.4
FRONTAGE ON STREET
No person shall erect or use a building or structure or use any lot of land regulated by the Plan unless
where the lot or parcel of land intended to be used, or upon which the building or structure is to be
erected, abuts and fronts upon a public street or road.
3.1.5
ONE MAIN BUILDING ON A LOT
No person shall erect more than one (1) main building on a lot within any zone except where
specifically provided for within this Plan.
3.1.6
EXISTING UNDERSIZED LOTS
Notwithstanding anything else in this Plan, a vacant lot held in separate ownership from adjoining
parcels on the effective date of this Plan, having less than the minimum frontage, depth or area required
by this Plan, may be used for any purpose permitted in the zone in which the lot is located and a building
may be erected on the lot, provided that all other applicable provisions in this Plan are satisfied.
Further, the Development Officer may approve an increase in the area of any undersized lot,
notwithstanding that it may still have less than the minimum frontage, depth, or area required by this
Plan. The remainder lot must meet the minimum frontage, depth or area requirements or, where
insufficient lot frontage, depth or area already exists, does not have these further reduced.
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3.1.7
EXISTING BUILDINGS
Where a building has been erected on or before the effective date of this Plan, on a lot having less
than the minimum frontage, area, or depth, or having less than the minimum setback or side yard or rear
yard required by this Plan, the building may be enlarged, reconstructed, repaired or renovated provided
that:
(a)
the enlargement, reconstruction, repair or renovation does not further reduce the front
yard or side yard that does not conform to this Plan; and
(b)
all other applicable provisions of this Plan are satisfied.
3.1.8
NON-CONFORMING USES
Non-conforming uses shall be subject to Sections 60-61 of the Community Planning Act.
3.1.9
ACCESSORY USES PERMITTED
Where the Plan provides that any land may be used or a building or structure may be erected or
used for a purpose, the purpose includes any use accessory thereto.
3.1.10
ACCESSORY BUILDING
3.1.10.1
Accessory uses, buildings and structures shall be permitted in any zone but shall not:
3.1.10.1.1
be used for human habitation except where a dwelling is a permitted accessory use;
3.1.10.1.2
be built closer to the front lot line than the minimum distance required for
the main building or be built closer than 2.4 m (8 feet) to any other lot line
except that:
(a) in any Residential Zone buildings or structures which are accessory to
residential uses shall not be located closer to any side or rear lot line than 1.5 m (5
feet) nor be located in front yard or flankage yard.;
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(b) common semi-detached garages may be centered on the mutual side lot line;
(c) boat houses and boat docks may be built to the lot line when the line corresponds
to the high water mark; and
3.1.10.1.3
accessory buildings and structures in a Institutional, Commercial and
Industrial Zone shall not be built closer to any side or rear lot line than 2.4 m.(8 feet) or
one half (½) the height of such building or structure, whichever is the greater.
(i)
exceed 4.6 m (15 feet) in height in any Residential Zone;
(ii)
exceed 84 sq. m (904 square feet) in any Residential zone; nor
(iii)
be built within 2.4 m (8 feet.) of the main building within any Residential Zone
or
3.7 m (12 feet) in any other zone.
3.1.11
TEMPORARY DEVELOPMENT AND/OR LAND USE PERMITTED
Nothing in this Plan shall restrict the Planning Advisory Committee from authorizing, subject to such
terms and conditions as it considers fit, a temporary development otherwise prohibited by this By-law for
a period not exceeding one year, and similarly from requiring the termination of a temporary development
at the end of the authorized period.
3.1.12
VEHICLE BODIES
No truck, bus, coach or streetcar body, nor a structure of any kind, other than a dwelling unit erected
and used in accordance with this and all other By-laws of the Municipality, shall be used for human
habitation, and no vehicle body shall be used as a commercial building, except as specifically permitted
by other legislation.
3.1.13
RESTORATION TO A SAFE CONDITION
Nothing in this Plan shall prevent the strengthening or restoring to a safe condition of any building or structure.
3.1.14
BUILDING TO BE MOVED
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No building, residential or otherwise, shall be moved within or into the area covered by this Plan
without obtaining approval from the Development Officer.
3.1.15
HEIGHT REGULATIONS
The height regulations of this Plan shall not apply to church spires, water tanks, elevator enclosures,
silos, flagpoles, television or radio antennae, ventilators, skylights, barns, chimneys, clock towers,
windmills or solar collectors attached to the principle structures except where specifically regulated.
3.1.16
DEVELOPMENT NEAR A WATERCOURSE OR WETLAND
No development shall be permitted within 15 metres (50feet) of a watercourse or waterbody,
notwithstanding this, the New Brunswick Regulation 90-80, Wetland and Watercourse Alteration
Regulation-Clean Water Act; the New Brunswick Regulation 90-136 under the Clean Water Act apply
throughout the Village.
3.1.17
REDUCED FRONTAGE ON A CURVE
Where the front lot line of any lot is a curved line or when the side lines of a lot are not parallel, a
minimum lot width which is equal to the minimum lot frontage required by this Plan shall be required in
lieu of such minimum lot frontage. For the purpose of this Section, such minimum lot width shall be
measured along a horizontal line between the side lot lines, whose end points are defined by the
intersection of said side lines with the minimum setback as required by the applicable provision of this
bylaw.
3.1.18
DAY LIGHTING TRIANGLE
On a corner lot, a fence, sign, hedge, shrub, bush or tree or any other structure or vegetation shall not
be erected or permitted to grow to a height more than 0.6 m.( 2 feet) above grade of the streets that abut
the lot within the triangular area included within the street lines for a distance of 4.6 m (15 feet) from
their point of intersection.
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3.1.19
PERMITTED ENCROACHMENTS
The requirements of this Plan with respect to placing, erecting or altering a building or
structure in relation to a lot line or street line apply to all parts of the building or structure except for
the projections which do not protrude into required yards in excess of:
(1)
(a)
15 cm (6 inches), for sills, leaders, belt courses or similar ornamental features;
(b)
45 cm (18 inches), for chimneys, smoke stacks or flues;
(c)
60 cm (24 inches), for cornices or eaves;
(d)
102 cm (40 inches), for window or door awnings, or open or lattice enclosed fire
balconies or fire escapes; or
(e)
subject to subsection (2),
(i)
1.2 m, for steps or enclosed porches, or
(ii)
1.8 m, for balconies of upper stories of multiple dwellings which are
not enclosed above a normal height.
(2)
Projections mentioned in clause (e) of subsection (i) may not extend into a required
yard to a greater extent than one-half of the required width of the yard.
3.1.20
YARD EXCEPTION
Where, in this Plan, a front, side or rear yard is required and part of the area of the lot is usually
covered by water or marsh or is beyond the rim of a river bank or watercourse, or between the top and
toe of a cliff or embankment having a slope of fifteen
(15) percent or more from the horizontal, then the required yard shall be measured from the nearest
main wall of the main building or structure on the lot to the edge of the said area covered by water or
marsh, or to the top of the said cliff or embankment if such area is closer than the lot lines.
3.1.21
ILLUMINATION
No person shall erect any illuminated sign or illuminate an area outside any building unless
such illumination is directed away from adjoining properties and any adjacent streets.
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3.1.22
PARKING REQUIREMENTS
(a)
For every building or structure to be erected or enlarged, off-street parking located within
the same zone as the use and having unobstructed access to a public street shall be provided and
maintained in conformity with the following schedule, except where any parking requirement is specifically
included elsewhere in this Plan. Where the total required spaces for any use is not a whole number, the
total spaces required by this Section or by other specific sections shall be the next largest whole number.
(i)
an off -street parking space shall be an area of not less than 18m 2 (193 sq. ft)
measuring 6.0 metres (20 feet) in length and not less than 3.0 metres (10 feet) in
width, exclusive of driveways thereto;
(ii)
shall be readily accessible from a public street;
(iii)
shall be located on the lot containing the use for which the spaces are provided.
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USE
PARKING SPACE (S) REQUIRED
(aa) Any dwelling except as specified
1 space per dwelling
unit below
(bb) Multiple unit dwellings
1.5 spaces per
dwelling unit (except for senior citizen apartments)
(cc) Senior Citizen Multiple Use Dwelling
0.5 space per dwelling unit
(dd) Boarding and rooming houses
1 space per
bedroom Bed and Breakfast
(ee) Retail stores, service and personal service shops
1 space per 38 m 2 (400 sq. ft) of gross floor area
(ff) Banks, financial institutions and offices
1 space per 38 m 2 (400 sq. ft) of gross floor area
(gg) Restaurants
1 space per 5 seats
(hh) Shopping Centre
three times the ground floor area of the building
(ii) Licensed restaurants, lounges, taverns
the greater of 1 space
and beverage rooms.
per 3 seats or 1 space per 100
square feet (10 m 2) of gross area
(jj) Theatres
1 space per 5 seats
(kk) Motels / Hotels
Not less than one space for each unit.
(ll) Institutional uses except as specified below
the greater of 1 space per 4 seats,
where there are fixed seats and 1 space per
100 square feet (10 m 2) of gross floor area
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where there are no fixed seats, or 1 space
per 4 persons which can be accommodated
at any one time
(mm) Schools
3 spaces per classroom plus 1 space per 20
high school student
(nn) Hospitals
2 spaces per bed
(oo) Homes for the aged and nursing homes
2 spaces per 5 beds
(pp) Day care facilities
1.5 spaces per 400 square feet (38 m 2) of
gross floor area
(qq) Medical clinics and offices of any health
5 spaces per consulting room practitioner
(rr) Funeral homes
1 space for every 8 seats with a minimum of 4 spaces
(ss) Warehouses, transport terminals and
general industrial uses
the greater of 2 spaces per 1000 square feet (93 m 2)
of gross floor area or 1 space per 4 employees
(tt) Any use not specified above
3 spaces per 1,000 square feet (93 m 2) of gross floor area
(b) Reserved Spaces for the Mobility Disabled
Notwithstanding Section 3.1.22 (a) above, reserved parking spaces for the mobility disabled shall be
provided as an addition to the required spaces in conformity with the following schedule:
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(aa) Medical Clinics and offices of any health practitioner 1 reserved parking space for the mobility
disabled per 5-15 parking spaces required;
additional space for each additional 15
required spaces or part thereof to a
maximum of 10.
(bb) Homes for the Aged/Nursing Homes
1 reserved parking space per 20
beds to a maximum of 10
(cc) Multiple Dwellings
1 reserved parking space per 30
units to a maximum of 10.
(dd) Restaurants and Theatres
1 reserved parking space per 50
seats to a maximum of 10.
(ee) All other uses
1 reserved parking space for the mobility
disabled per 15-100 parking spaces required;
1 additional space for each additional 100
required spaces or part thereof, to a
maximum of 10.
(c) Standards for Mobility Disabled Parking Spaces
(i)
each reserved parking space shall contain an area of not less than 26 m 2 (280 square feet)
measuring
4.6 metres (15 feet) by 6.1 metres (20 feet) ;
(ii)
where the limits of the parking lot are defined by a curb, the parking lot shall be
provided with a ramped curb as close as possible to the location which it is intended to
serve and in no case shall it be further than
91.4 metres (300 feet) from the location which it is intended to serve;
(iii)
each reserved parking space shall be located as close as possible to the location it is intended to
serve;
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(iv)
each reserved parking space shall be clearly identified by a ground sign.
3.1.23
MULTIPLE USE OF SITE
In the case of the multiple use of a site, the Development Officer shall calculate the parking
required for each individual use and the total shall be deemed to be the required parking on the site.
3.1.24
STANDARDS FOR PARKING LOTS
A parking lot shall be designed and laid out according to the following:
(a)
be surfaced with a durable and dust-proof material
(b)
the lights used for illumination of the parking lot shall be so arranged as to divert the
light away from streets, adjacent lots and buildings;
(c)
a structure, not more than 4.6 metres (15 feet) in height and not more than 5 m 2 (50
square feet) in area may be erected on the lot for the use of attendants;
(d)
the parking lot shall be located on the same lot.
(e)
no gasoline pumps or other service station equipment shall be located or maintained on the
parking lot;
(f)
the parking lot shall have point of ingress and egress located, in the opinion of the
Committee with due regard to topography and general traffic conditions;
(g)
be screened from public view, if practical
(h)
be graded and drained in such a manner as to ensure that surface water will not
escape onto neighbouring lands; and
(i)
not be used for automotive repair work or servicing except in the case of an emergency.
3.1.25
LOADING SPACE REQUIREMENTS
3.1.25.1
The owner of every building, structure or premises used in whole or in part for business
or commercial purposes involving the use of vehicles for the receipt or the distribution of materials or
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merchandise shall provide and maintain on lands appurtenant to such buildings, structures or premises,
off-street spaces for such vehicles to stand and for loading and unloading the same, in accordance with
the following requirements:
(a)
for retail and wholesale stores, bulk storage plants, warehousing or similar uses, for
business or office buildings, places of public assembly, schools, hotels or other similar
buildings or premises,
(i)
not less than one space
(ii)
not less than two spaces if the gross floor area thereof is in excess of
1858 square metres (20,000 square feet) but less than 4645 square
metres (50,000 square feet), and
(iii)
an additional space for each 4645 square metres (50,000 square feet), or
fraction thereof in excess of the first 4645 square metres (50,000 square
feet); and
3.1.25.2
A loading and unloading space mentioned in subsection 3.1.25.1 shall:
(i)
be not less than 9.0 metres (30 feet) in length and not less than 3.6 metres
(12 feet) in width, with 4.2 metres (14 feet) overhead clearance;
(ii)
be so located that merchandise or materials are loaded or unloaded on
the premises being served;
(iii)
be provided with adequate facilities for ingress and egress and
unobstructed maneuvering aisles; and
(iv)
be surfaced with a durable and dustproof material.
3.1.26
FENCES
Notwithstanding any other provision of this Plan, subject to this section, a fence may be placed or located
within a yard
(1)
Except for a security fence of chain link construction, in a Commercial or Industrial zone,
no fence located within the required front yard shall exceed 1 metre (3.2 ft) in height.
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(2)
Subject to subsection (1), no fence may exceed in height
(a) 1.5 metres ( 5 feet), in an Residential zone; or
(b) 2.4 metres (8 feet), in any other zone.
(3)
No fence in a Residential zone, except in a Rural Residential, zone may be electrified or
incorporate barbed wire or other dangerous material in its construction.
3.1.27
STRIPPING OF TOP SOIL
(1)
Subject to this section, no person may strip, excavate or otherwise remove top soil for
sale or for use from a lot or other parcel of land.
(2)
Where, in connection with the construction of a building or structure, there is an excess
of top soil other than that required for grading and landscaping on the lot, such excess
may be removed for sale or use.
(3)
Notwithstanding subsection (1), the farming of sod may be carried on where the owner
of the land has entered into an agreement with the Council making arrangements
satisfactory to the Council for the rehabilitation of the land.
3.1.28
SCREENING OF COMMERCIAL, INDUSTRIAL AND MULTIPLE FAMILY DEVELOPMENTS IN
PROXIMITY TO RESIDENTIAL AREAS
No lot shall be developed for commercial, industrial, or multiple family residential uses unless visual
screening is provided to function as a buffer area between the above land uses and the adjacent
properties.
3.1.29
SATELLITE DISHES AND COMMUNICATION TOWERS
Satellite dishes and communication towers shall not be permitted between the building and the street line.
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3.1.30
MULTIPLE USES
In any zone, where any land or building is used for more than one use, all provisions of the Plan
relating to each use shall be satisfied, except as otherwise provided.
3.1.31
USES PROHIBITED IN CERTAIN YARDS
In all Residential zones the required front-yard setback shall not be used for the storage, or display of
any vehicle, boat or other chattel.
3.1.32
COLLECTOR STREETS
The following streets and roads within the Village of Perth-Andover, shall be considered collector
streets: Route 105 (East Riverside Drive), Route 130 (West Riverside Drive), Route 190 (Old Fort Road)
and Route 109 (From Route 2 to Plaster Rock) which are all Provincial collector streets; and, F. Tribe
Road and Fort Road, which are municipal collectors.
3.1.33
PUBLIC UTILITIES
Nothing in this Plan shall prevent the use of any land for public utility services.
3.1.34
DISCLAIMER OF LIABILITY REGARDING FLOODING
The degree of flood protection required by this Plan is considered the minimum necessary and
reasonable for regulatory purposes. Large floods may occur at any time, and excessive flood waters may
be experienced due to man made and natural causes, such as ice jams and accumulated debris in bridge
openings. This Plan does not imply that areas outside of the Floodway Zone or the Floodway Fringe Zone,
or uses permitted within such areas, shall remain free from flooding or flood damages. This Plan shall not
create a liability on the part of the Village or any officer or employee thereof for any flood damage that
results from compliance with or reliance upon this Plan or any administrative decision lawfully made
thereunder.
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3.1.35
KEEPING OF ANIMALS
In any Residential Zone, only domestic animals, such as dogs, cats, budgies, parrots, parakeets,
hamsters, gerbils, guinea pigs, Vietnamese pot Belly pigs and fish, shall be kept.
PART 4
PROVISIONS FOR ALL RESIDENTIAL ZONES
4.1.1
Residential Development Near a Lagoon or Treatment Plant
Notwithstanding any other provision of this Plan, no dwelling, mobile home or mini home may
be located within 100 metres (328 feet) of a sewage lagoon or treatment plant.
4.1.2
Private Garages and Carports
(a)
Notwithstanding any other Residential zone provision of this Plan a private garage or
carport attached to or incorporated in a dwelling, in a Residential zone, shall not exceed 84 square
metres (904 square feet) in area.
(b)
Where a private garage or carport is attached to or incorporated in a dwelling, it
becomes part of the dwelling for purposes of determining the width or depth of a yard.
4.1.3
Home Occupation
(a)
Where a home occupation is permitted under this Plan, a home occupation
shall be subject to the following requirements:
(i)
no more than one employee is engaged in the business in addition to
members of the family resident in the dwelling;
(ii)
the floor area of the dwelling unit which is devoted to it does not exceed
20 percent of the floor area of the dwelling unit;
(iii) the use is wholly contained within the dwelling and is clearly minor and
secondary to the residential use;
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(iv)
no change which would indicate that a home occupation is being conducted
therein, except for one (1) non-illuminated facia sign which shall not exceed 0.45
m 2 (4.8 square feet) in gross surface area; or one (1) non-illuminated free-
standing sign which shall not exceed
0.45 m 2 (4.8 square feet) in gross surface area.
(v)
no goods or services other than those directly pertaining to the home
occupation are supplied or sold therein or therefrom;
(vi)
there shall be no external or outside storage of materials or containers to
indicate that any part of the property is being used for any purpose other
than a single family dwelling.
(vii)
there are no outside animal enclosures.
(viii) the home occupation shall not generate off-site electrical interference, dust, noise or
smoke.
(vii) two off-street parking spaces are provided, in addition to the parking
space requirements of the zone.
(viii) no Home occupation will be permitted where the lot or building is used for
any other secondary use or accessory use of the property.
4.1.4
Neighbourhood Daycare Centre
Where, a Neighbourhood Daycare Centre is permitted under this Plan, a
Neighbourhood Daycare Centre shall be subject to the following requirements:
(i)
be restricted to a maximum of 15 children;
(ii)
require that the owner/operator of the Neighbourhood Daycare Centre reside in the
dwelling;
(iii) not be located on any corner lot;
(iv)
be located on a local street which permits on-street parking;
(v)
require that signage comply with the residential sign regulations of this Plan;
(vi)
comply with all Provincial regulations as stated in the Family Services Act of New
Brunswick;
(vii) No Neighbourhood Daycare Centre will be permitted where the lot or
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building is used for any other secondary use or accessory use of the property.
4.1.5
Accessory Apartment
No permit shall be issued for an accessory apartment, except where:
(i)
The apartment shall be secondary to the main dwelling unit;
(ii)
The unit shall be completely self-contained, including provision for cooking, sleeping and
bathing.
(iii) An accessory apartment will not be permitted where the lot or building is
used for any other secondary use or accessory use of the property.
4.1.6
Enclosures for Swimming Pools
(i)
No land may be used for the purposes of a swimming pool unless the pool is
completely surrounded by an adequate enclosure of at least 1.5 metres (5 feet) in height. For the
purpose of this section, an enclosure means a fence, wall or other suitable structure including self-
latching doors and gates designed primarily not to facilitate climbing and to restrict access thereto.
Such enclosure should not have rails, bracing or other attachments on the outside that would
facilitate climbing. Such enclosure shall be located a minimum of 1.2 metres (4 feet) from the edge of
the water contained in the pool.
(ii)
No swimming pool or any portion thereof shall be located directly under any electrical service
wires.
(iii)
No swimming pool shall be located in the front setback area.
4.2.7
R requirements for Garden Suites
A Garden Suite may be permitted as a secondary use associated with a single unit dwelling in any
residential zone which permits single unit dwellings. These uses shall conform to the following:
(i)
the garden suite be located in the rear yard of a single detached dwelling;
(ii)
does not exceed 1 storey in height;
(iii)
maintain a minimum of 2.4 metre (7.9 feet) rear yard and a minimum 1.5 metre (5 feet) side
yard;
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(iv)
not be located on any parcel or site which contains two or more permanent dwelling units;
(v)
in the case of a garden suite does not exceed 75 square metres (807 square feet); is temporary and
portable;
(vi)
requires a minimum overall lot area required by the zone;
(vii)
require one parking space in addition to the parking required for the principle dwelling;
(viii)
be subject to all other relevant provisions of this Plan; and
(x)
No Garden Suite or an In-Law suite will be permitted where the lot or building is used
any other secondary use or accessory use of the property.
4.2.8
Requirements for a Bed and Breakfast/ Tourist Home
Where permitted in Residential Zones, Bed and Breakfast/ Tourist Homes shall be permitted provided that:
(i)
the single unit dwelling is occupied as a residence by the operator of the business;
(ii)
be limited to no more than ten (10) bedrooms in the building;
(iii)
not permit cooking equipment in a room that is used for sleeping accommodation;
(iv)
provide and maintain an easily accessible water toilet, a wash basin and a bath
tub or shower served with both hot and cold water for every eight occupants of
the Bed and Breakfast/ Tourist Home;
(v)
one non-illuminated facia sign not exceeding 0.45 square metres (4.8 square feet)
in area is permitted; and
(vi)
No Bed and Breakfast/ Tourist Home will be permitted where the lot or building is
used for any other secondary use or accessory use of the property
4.2.9
Location of Parking Facilities
No parking spaces shall be located within the required front yard setback in a Residential zone.
4.2.10
Landscaping Requirements
(a)
In any Residential zone, the owner of a lot developed for residential purposes shall landscape:
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(i)
the front yard of the main building;
(ii)
any required yard that abuts a street;
(iii)
any part of the lot within 3 metres (9.8 feet) of each building thereon.
(b)
Landscaping mentioned in subsection (i)
(i)
subject to this section, shall include at least 80 mm of top soil and the seeding thereof, and
(ii)
may include partial devotion to paths, patios, walkways, ornamental shrubbery or trees.
(c)
A yard mentioned in subsection (a) may be used to a reasonable degree for the purposes of
walks and driveways for access to the main building or other use on the lot.
(d)
In the case of multiple unit dwellings, the owner of a lot developed for this purpose shall landscape:
(i)
the front yard of the main building;
(ii)
any required yard that abuts a street;
(iii)
any side yard within 15 metres (49.2 feet) of each main building thereon;
(iv)
any rear yard within 45 metres (147.6 feet) of each main building thereon
(v)
the landscaping under this section shall be completed not later than one year
from the date of the granting of the building permit for the main building located
thereon.
(vi)
as per the requirements of 4.2.10 (b).
PART 5
RESIDENTIAL ZONES
5.1 RESIDENTIAL ZONES
5.1.1
R-1 (Single and Two Unit Dwelling) Zone
5.1.1.1
R-1 Zone Permitted Uses
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Any land, building or structure may be used for the purpose of and for no other purpose than:
(a) Single unit dwelling, two-unit dwelling
(b) Secondary Use
(I) One of the following uses in conjunction with a permitted single unit
dwelling; subject to the relevant provisions of Part 4
(i)
an accessory apartment
(ii)
a garden suite
(iii)
an in-law suite
(iv)
a home occupation
(v)
a bed and breakfast / tourist home
(vi)
a neighbourhood daycare centre
(vii)
a boarding house
(II) A home occupation in conjunction with a permitted two-unit dwelling;
subject to the relevant provisions of 4.1.3.
(c) Community Use
The Committee may authorize, subject to terms and conditions, the
development of any combination of the following community uses.
(i)
a public park and recreational use
(ii)
a public or a private school
(iii)
a church or a church hall
(iv)
a police and/or fire station
(v)
other institutional uses
(vi)
residential care facility
(d) Accessory Use
Any accessory building, structure or use, incidental to the main use of the
land, building, or structure, subject to subsection 3.1.10, if such main use is
permitted by this section.
Village of Perth-Andover Zoning By-law No. L-7, January 2020
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5.1.1.2
R-1 Zone Requirements
(A)
Standard for Single Unit Dwelling:
(a)
the minimum lot area is 742 m2 (8000 ft2);
(b)
the minimum lot frontage is 24.4 metres (80 ft);
(c)
the minimum lot depth 30 metres (100 ft)
(d)
the front or flankage yard is 7.6 metres (25 ft);
(e)
the minimum rear yard is 6.1 metres (20 ft;)
(f)
the minimum side yard is 2 metres (6 ft)
(g)
the maximum height of the main building is 8.5 metres (28 ft);
(h)
the maximum lot coverage is 50 % in the case of an interior lot or 45 % in
the case of a corner lot.
(B)
Standards for a Two Unit Dwelling
(a)
the minimum lot area is 929 m2 (10,000 ft 2);
(b)
the minimum lot frontage is 30 metres (100 ft);
(c)
the minimum lot depth 30 metres (100 ft)
(d)
the front or flankage yard is 7.6 metres (25 ft);
(e)
the minimum rear yard is 6.1 metres (20 ft;)
(f)
the minimum side yard is 2 metres (6 ft)
(g)
the maximum height of the main building is 8.5 metres (28 ft);
(h)
the maximum lot coverage is 50 % in the case of an interior lot or 45 % in
the case of a corner lot.
5.1.2
R-2 (One Unit, Two Unit and Multiple Unit Dwelling) Zone
5.1.2.1
R-2 Permitted Uses
Any land, building or structure may be used for the purpose of and for no other purpose than:
Village of Perth-Andover Zoning By-law No. L-7, January 2020
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(a) Single unit dwelling, a two-unit dwelling, a multiple unit dwelling, a rowhouse dwelling
(b) Secondary Use
(I) One of the following uses in conjunction with a permitted single unit
dwelling, subject to the relevant provisions of Part 4
(i)
an accessory apartment
(ii)
a garden suite
(iii)
an in-law suite
(iv)
a home occupation
(v)
a bed and breakfast / tourist home
(vi)
a neighbourhood daycare centre
(vii)
a boarding house
(II) A home occupation in conjunction with a permitted two-unit dwelling and
a semi-detached dwelling; subject to the relevant provisions of subsection
4.1.3.
(c) Community Use
The Committee may, authorize subject to terms and conditions,
the development of any combination of the following community
uses.
(i)
a public park and recreational use
(ii)
a public or a private school
(iii)
a church or a church hall
(iv)
a police and/or fire station
(v)
other institutional uses
(vi)
residential care facility
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(d) Accessory Use
Any accessory building, structure or use, incidental to the main use of the
land, building, or structure, subject to subsection 3.1.10, if such main use is
permitted by this section.
5.1.2.2
R-2 Zone Requirements
(A)
S tandard for Single Unit Dwelling:
(a)
the minimum lot area is 742 m 2 (8000 ft2);
(b)
the minimum lot frontage is 24.4 metres (80 ft);
(c)
the minimum lot depth 30 metres (100 ft)
(d)
the front or flankage yard is 7.6 metres (25 ft);
(e)
the minimum rear yard is 6.1 metres (20 ft;)
(f)
the minimum side yard is 2 metres (6 ft)
(g)
the maximum height of the main building is 8.5 metres (28 ft);
(h)
the maximum lot coverage is 50 % in the case of an interior lot or 45 % in
the case of a corner lot.
(B)
Standards for a Two-Unit Dwelling
(a)
the minimum lot area is 929 m 2 (10,000 ft2);
(b)
the minimum lot frontage is 30 metres (100 ft);
(c)
the minimum lot depth 30 metres (100 ft)
(d)
the front or flankage yard is 7.6 metres (25 ft);
(e)
the minimum rear yard is 6.1 metres (20 ft;)
(f)
the minimum side yard is 2 metres (6 ft)
(g)
the maximum height of the main building is 8.5 metres (28 ft);
(h)
the maximum lot coverage is 50 % in the case of an interior lot or 45 % in
the case of a corner lot.
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(C)
Standards for a Three Unit Dwelling
(a)
the minimum lot area is 1021 m 2 (11,000 ft2);
(b)
the minimum lot frontage is 33.5 metres (110 ft);
(c)
the minimum lot depth 30 metres (100 ft)
(d)
the front or flankage yard is 7.6 metres (25 ft);
(e)
the minimum rear yard is 6.1 metres (20 ft;)
(f)
the minimum side yard is 2 metres (6 ft)
(g)
the maximum height of the main building is 8.5 metres (28 ft);
(h)
the maximum lot coverage is 50 % in the case of an interior lot or 45 % in
the case of a corner lot.
(D)
Standards for a Rowhouse Dwelling
Where a lot mentioned in subsection (c) above, contains a rowhouse dwelling, or is
intended for such purpose, it may be subdivided under the subdivision by-law if
each lot created thereby has and contains, provided the outside lots also
incorporate the required side yards.
(a)
a lot frontage of at least 6 metres ( 20 feet)
(b)
a lot depth of at least 30 m (100 ft)
(c)
a lot area of at least 186 m 2 (2000 ft2)
(E)
Standards for a Multiple Unit Dwelling
(a)
the minimum lot area is 1115 m 2 (12,000 ft2), plus 70 m 2 (750 ft2) for each dwelling
in excess of four;
(b)
the minimum lot frontage is 37 metres (120 ft), plus 2.3 m ( 7.5 ft) for each
dwelling unit in excess of four;
(c)
the minimum lot depth 30 metres (100 ft)
(d)
the front or flankage yard is 7.6 metres (25 ft);
(e)
the minimum rear yard is 6.1 metres (20 ft;)
(f)
the minimum side yard is 2 metres (6 ft)
Village of Perth-Andover Zoning By-law No. L-7, January 2020
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(g)
the maximum height of the main building is 8.5 metres (28 ft);
(h)
the maximum lot coverage is 50 % in the case of an interior lot or 45 % in
the case of a corner lot.
5.1.3
RM-1 (Mobile Home) Zone
5.1.3.1
RM-1 Zone Permitted Uses
Any land, building or structure may be used for the purpose of and for no other purpose than:
(a)
A mobile home, park a mobile home, a mini home
(b) Secondary Use
One of the following uses in conjunction with a main use; subject to the
relevant provisions of Part 4.
(i)
a home occupation
(c) Community Use
The Committee may authorize, subject to terms and conditions, the development
of any
combination of the following community
(i)
a public park and recreational use
(ii)
a public or a private school
(iii)
a church or a church hall
(iv)
a police and/or fire station
(v)
other institutional uses
(d) Commercial Use
Notwithstanding, 5.1.3.1, the Committee may permit, subject to terms and
conditions, a local convenience store, or a mini or mobile home display court.
(e) Accessory Use
Any accessory building, structure or use, incidental to the main use of the
land, building, or structure, subject to subsection 3.1.10, if such main use is
permitted by this section.
Village of Perth-Andover Zoning By-law No. L-7, January 2020
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5.1.3.2
RM-1 Zone Requirements
Standards for Mobile Homes
(a)
the minimum lot area is 371 m 2 (4000 ft2);
(b)
the minimum lot frontage is 12 metres (40 ft);
(c)
the minimum lot depth is 30 metres (100 ft)
(d)
the front or flankage yard is 7.6 metres (25 ft);
(e)
the minimum rear yard is 1.5 metres (5 ft);
(f)
the minimum side yard is 1.5 metres (5 ft);
(g)
the maximum height of the main building is 8.5 metres (28 ft);
(h)
minimum gross floor area of the mobile home is 152 m 2 ( 500 ft2)
5.1.4
RM-2 (Mini-Home) Zone
5.1.4.1
RM-2 Zone Permitted Uses
Any land, building or structure may be used for the purpose of and for no other purpose than:
(a) Mini home, park a mini home
(b) Secondary Use
One of the following uses in conjunction with a main use; subject to the
relevant provisions of Part 4
(i)
a home occupation
(c) Community Use
The Committee may authorize subject to terms and
conditions the development of any combination of the following community uses
(i)
a public park and recreational use
Village of Perth-Andover Zoning By-law No. L-7, January 2020
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(ii)
a public or a private school
(iii)
a church or a church hall
(iv)
a police and/or fire station
(v)
other institutional uses
(d) Commercial Use
Notwithstanding, 5.1.4.1, the Committee may permit, subject to terms and
conditions, a local convenience store, or a mini or mobile home display court.
(e) Accessory Use
Any accessory building, structure or use, incidental to the main use of the
land, building, or structure, subject to subsection 3.1.10, if such main use is
permitted by this section.
5.1.4.2
RM-2 Zone Requirements
Standards for Mini-Homes
(a)
the minimum lot area is 900 m 2 (9687 ft2)
(b)
the minimum lot frontage is 30 metres (100 ft) ;
(c)
the minimum lot depth is 30 metres (100 ft):
(d)
the front or flankage yard is 7.6 metres (25 ft);
(e)
the minimum rear yard is 6 metres (20 ft);
(f)
the minimum side yard is 1.5 metres (5 ft);
(g)
the maximum height of the main building is 8.5 metres (28 ft).
5.1.5
RR (Rural Residential) Zone
5.1.5.1
RR Zone Permitted Uses
Any land, building or structure may be used for the purpose of and for no other purpose than:
Village of Perth-Andover Zoning By-law No. L-7, January 2020
Page 48
(a) The following main use:
a single unit dwelling
(b) Secondary Use
One of the following uses in conjunction with a permitted single unit
dwelling; subject to the relevant provisions of Part 4.
(i)
an accessory apartment,
(ii)
a garden suite
(iii)
an in-law suite
(iv)
a home occupation
(v)
a home business
(vi)
a kennel or veterinary hospital
(vii)
a private school
(viii)
a private stable
(ix)
a roadside stand for the sale of agricultural produce
(x)
a bed and breakfast / tourist home
(xi)
a convenience store
(xii)
a neighbourhood daycare centre
(c) Community Use
The Committee may authorize, subject to terms and conditions, the
development of any combination of the following community uses.
(i)
a public park and recreational use
(ii)
a public or a private school
(iii)
a church or a church hall
(iv)
a police and/or fire station
(v)
other institutional uses
(d) Accessory Use
Any accessory building, structure or use, incidental to the main use of the
land, building, or structure, subject to subsection 3.1.10, if such main use is
permitted by this section.
Village of Perth-Andover Zoning By-law No. L-7, January 2020
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5.1.5.2
RR Zone Requirements
(a)
in the case of a lot not serviced by municipal sewer and water services:
(i)
an area of at least 4,000 m 2 (43,057 ft2)
(ii)
a frontage of at least 54 metres (180 ft)
(iii)
a lot depth of at least 38 metres (125 ft)
(b)
in the case of a lot serviced by municipal sewer services but not by municipal water services:
(i)
an area of at least 672 m2 (7,233 ft2)
(ii)
a frontage of at least 23 metres (75 ft)
(iii)
a lot depth of at least 30 metres (100 ft)
(c)
notwithstanding any requirements of this Plan with respect to a minimum lot size, a main
dwelling or structure permitted in this zone may be placed, erected or altered on a lot that does not
meet such requirements, if the lot:
(i)
exists on the day this section becomes effective; and
(ii)
in the opinion of the district medical health officer, meets the
relevant requirements of the Provincial Health Act.
5.1.5.3
RR Yard Requirements
No main building may be placed, erected or altered so that it is:
a)
within 1.5 metres (5 ft) of one side lot line or 2.8
metres (9.2 ft) on the other; or
b)
within 6.1 metres (20 ft) of the rear lot line except in
the case of a corner lot where the minimum yard shall be 1.5 metres
Village of Perth-Andover Zoning By-law No. L-7, January 2020
Page 50
(5 ft); and
c)
where there is vehicular access to the rear yard through a carport or
garage, the larger side yard required by clause a) may be reduced to 1.5 metres (5 ft).
5.1.5.4
Height of Main Building or Structure
No main building or structure may not exceed 10.7 metres (35 ft) in height.
5.1.5.5
Accessory Buildings and Structures
(i)
No accessory building or structure may:
a)
exceed 6.5 metres (21 ft) in height;
b)
be placed, erected or altered so that it:
i) is within the front yard of the main building or structure,
ii) in relation to a side lot line,
a)
is within 1.5 metres (5 ft) of a side or rear lot line, or
within 1.5 metres ( 5 ft) of a side line when it is
located closer to a street line than 14 metres (46 ft),
in the case of a lot mentioned in Section 5.1.5.2 (a).
b)
is within 1.5 metres (5 ft) thereof, in the case of a lot
mentioned in Section 5.1.5.2 (b).
c)
obstructs the access to the rear yard provided by the
side yard requirements for the main building or
structure, in the case of any lot.
iii) in relation to the rear lot line,
a)
is within 1.5 metres (5 ft) thereof, in the case of a lot
mentioned in Section 5.1.5.2 (a), or
b)
is within 1.5 metres (5 ft) thereof, in the case of a lot
mentioned in Section 5.1.5.2 (b)
Village of Perth-Andover Zoning By-law No. L-7, January 2020
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2
2
c)
exceeds 84 m (904 ft )in ground floor area in the case of a lot mentioned
in
Section 5.1.5.2 (a) and (b), except as otherwise specified in this Plan.
(ii)
Not more than 12 % of the area of a lot may be occupied by accessory buildings and structures.
5.1.5.6
Lot Occupancy
Buildings and structures including accessory buildings on a lot shall not occupy a greater portion of the
area of a lot mentioned in Section 5.1.5.2 (a) and (b):
(i)
in the case of an interior lot 45 percent.
(ii)
in the case of a corner lot, 40 percent.
5.1.5.7
Landscaping Requirements
With respect to landscaping,
(a)
the provisions of subsection 4.2.10 apply, in the case of a lot mentioned in 5.1.5.2 (a)
(b)
the provisions of subsection 4.2.10 apply to only one-half of the width of the
front yard of a main building, in the case of a lot mentioned in section 5.15.2
(b).
5.1.5.8
Other Requirements for secondary uses
(1)
A kennel or veterinary hospital is not permitted unless:
(b)
it is set back at least 60 metres (196 ft) away from the street line
and 45 metres (148 ft) away from any property line.
(2)
A private stable is subject to the following standards:
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(a)
a private stable shall not be located on a except where the proposed use is setback
(i)
18 metres (59 ft) of a street line,
(ii)
6.1 (20 ft) metres of a side lot or rear lot line,
(iii)
9 metres (30 ft) of a main building on the same lot, or
(iv)
24 metres (79 ft) of any residence on an adjacent lot; and
(b)
a private stable shall not exceed 100 m 2 (1076 ft 2)in floor area
(3)
No development shall be permitted for a convenience store use except where:
(i)
it has a maximum gross floor area of 200 m 2 (2153 ft 2);
(ii)
it does not dispense gasoline or other petroleum products
for the use by automotive vehicles.
PART 6
PROVISIONS FOR ALL COMMERCIAL ZONES
6.1 Illumination
Where yard lights are provided in connection with a commercial use, all such lighting shall be directed
inwardly toward the subject lot.
6.2 Screening of Commercial Uses
Where a lot in a NC zone abuts a residential zone, or use, such lot shall not be developed for a commercial
use unless a screening facility, such as an earth berm, a solid hedge or solid fence or a combination thereof,
is provided and maintained along the common property lines.
Village of Perth-Andover Zoning By-law No. L-7, January 2020
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6.3 Accessory Buildings and Structures
No accessory building or structure may:
(a)
exceed 4.3 metres (14 feet) in wall height;
(b)
be placed, erected or altered so that it is
(i)
closer to the street at the front of the lot than the rear of the main building or
structure,
(ii)
within 1.5 metres (5 feet) of a side or rear lot line; or
(c)
be used for agricultural purposes or for the keeping of animals other than household
pets.
PART 7
COMMERCIAL ZONES
7.1.1
NC (Neighbourhood Commercial) Zone
Any land, building or structure may be used for the purpose of and for no other purpose than:
7.1.1.1
NC Zone Permitted Uses
(a) One of the following main uses:
a convenience store
a personal service
shop a video rental
shop
(b) Secondary Use
A residential use units provided that the living accommodation is in
conjunction with any main use, provided the residential use is not located
on the ground floor frontage.
(c) Accessory Use
any accessory building, structure or use, incidental to the main use of the
land, building, or structure, subject to subsection 6.3, if such main use is
Village of Perth-Andover Zoning By-law No. L-7, January 2020
Page 54
permitted by this section.
(d) Community Use
The Committee may authorize, subject to terms and conditions, the
development of any combination of the following community uses.
(i)
a public park
(ii)
places of worship
(iii)
fire and police stations
(iv)
nursing/senior citizens homes
(v)
other health related facilities to meet the needs of the community
and special groups within the community; and
(vi)
other types of institutional use
7.1.1.2
NC Zone Requirements
Notwithstanding 7.1.1.1 (a), within a NC Zone the maximum of gross floor area of the use is limited to 200 m2
(2150 ft2)
Standards for Neighborhood Commercial Uses
(a)
the minimum lot area is 743 square metres (8000 ft2);
(b)
the minimum lot frontage is 24 metres (80 ft);
(c)
the minimum lot depth is 30 metres (100 ft)
(d)
the front or flankage yard is 7.6 metres (25 ft);
(e)
the minimum rear yard is 6.1 metres ( 20 ft);
(f)
the minimum side yard is 2 metres (6.5 ft);
(g)
the maximum height of the main building is 8.5 metres (28 ft);.
(h)
the maximum lot coverage is 45 % in the case of a corner lot and 50 % in
the case of an interior lot;
(i)
minimum landscaped open space, 50% of all yards abutting a street or residential
zone.
7.1.2
GC (General Commercial) Zone
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7.1.2.1
GC Zone Permitted Uses
Any land, building or structure may be used for the purpose of and for no other purpose than:
(a) One or more of the following main uses:
an automobile/vehicle sales
operation a bank or other
financial institution
a funeral home
a hotel, motel or motor inn
an institution, including but not limited to a group home, medical
or veterinary clinic or agency of an educational, social or
philanthropic nature a municipal or other government office
a museum, library or cultural centre, or
similar use a nursing home
an office use
a personal service
shop a parking lot
a restaurant
a retail or wholesale store, service
or shop a theatre
a service station
an establishment for garden and nursery sales and supplies
(b) Community Use
The Committee may authorize, subject to terms and conditions, any
combination of the following community uses.
(i)
a public park
(ii)
places of worship
(iii)
fire and police stations
Village of Perth-Andover Zoning By-law No. L-7, January 2020
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(iv)
nursing/senior citizens homes
(v)
other health related facilities to meet the needs of
the community and special groups within the community; and
(vi)
other types of institutional uses.
(c) Secondary
use
unit
dwelling.
a single unit dwelling
a rooming house, boarding house, bed & breakfast/ tourist home in conjunction
with a single
(d) Accessory Use
Any accessory building, structure or use, incidental to the main use of the
land, building, or structure, subject to subsection 6.3, if such main use is
permitted by this section.
7.1.2.2
GC Zone Development Subject to Terms and Conditions
The Committee may permit, subject to terms and conditions, the following uses:
(a) a bus or other public transportation terminal
(b) a public garage
(c) a laundry
(d) an entertainment use
Village of Perth-Andover Zoning By-law No. L-7, January 2020
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7.1.2.3
GC Zone Requirements
Where uses are permitted as Commercial Uses:
(a) the minimum lot frontage is 18 metres (60 ft) for an interior lot;
(b) a wall containing a window to a habitable room is closer to a side or rear lot line
than 1.5 metres (5 ft);
(c) front yard setback is 7.6 metres (25 ft) except for an infill lot in an existing
commercial area where the front yard setback is 1.5 metres (5 ft)
(d) the maximum height of the main building 15 metres (50 ft)
7.1.3
HC (Highway Commercial) Zone
7.1.3.1
HC Zone Permitted Uses
Any land, building or structure may be used for the purpose of and for no other purpose than:
(a) One or more of the following main uses:
an automotive/vehicle repair outlet
an automobile/vehicle sales room and outdoor
display court a bank or other financial institution
a billboard or other
advertising sign a car wash
a gas bar
a food store
a funeral home
a hotel, motel or motor inn
an indoor recreational establishment including, but not limited to
premises for billiards, bowling, curling, dancing, roller and ice skating,
theatre or cinema facilities
Village of Perth-Andover Zoning By-law No. L-7, January 2020
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a medical, dental and veterinary clinic / office
a museum, library or cultural centre, or
similar use a nursing home
an office use
a personal service shop
a parking lot, building or structure
a restaurant, including drive-in and drive-thru
a retail bakery
a retail or wholesale store, service
or shop a service station
a shopping
centre a
theatre
a public garage
a building supply
outlet a multiple
unit dwelling
(b) Community Use
The Committee may authorize, subject to terms and conditions, the
development of any combination of the following community uses.
(i)
a public park
(ii)
places of worship
(iii)
fire and police stations
(iv)
nursing/senior citizens homes
(v)
other health related facilities to meet the needs of
the community and special groups within the community; and
(vi)
other types of institutional uses.
(c) Accessory Use
Any accessory building, structure or use, incidental to the main use of
the land, building, or structure, subject to subsection 6.3, if such main
use is permitted by this section.
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7.1.3.2
HC Zone Development Subject to Terms and Conditions
The Committee may permit, subject to terms and conditions, the following uses
(a) a bus or other public transportation terminal
(b) a trailer or mobile home sales lot
(c) a building supply store and associated lumber yard
(d) additional main buildings on a lot
(e) an entertainment use
7.1.3.3
HC Zone Requirements
HC Standards
(a) the minimum lot area is 1000 m 2 (10,765 ft 2) for an interior lot; 1200 square
metres (12,917ft 2) for a corner lot;
(b) the minimum lot frontage is 24 metres (80 ft) for an interior lot; 30 metres (100 ft) for a
corner lot;
(c) the front or flankage yard is 9 metres (30 ft);
(d) the minimum rear yard is 6.1 metres (20 ft);
(e) the minimum side yard is 3.0 metres (9.8 ft) on one side and 6.0 metres (19.7 ft) on the
other side;
(f) the maximum height of the main building is 10.6
metres (35 ft) (g ) the maximum lot coverage is 45 %;
PART 8
PROVISIONS FOR ALL INDUSTRIAL ZONES
8.1 Landscaping Requirements
The required front yard shall be landscaped, excepting the driveways and parking areas. In the case of a
corner lot, the side yard abutting a side street shall be landscaped to a depth of 6 metres. The required
landscaped area shall be grassed and trees and/or shrubs shall be planted at a minimum rate of one (1)
Village of Perth-Andover Zoning By-law No. L-7, January 2020
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tree or shrub for each 14 square metres (150 square feet) of the minimum landscaped area. Where
possible existing trees/shrubs shall be maintained. Where an industrial use abuts a residential use or
zone, the same requirements as for a corner lot apply.
8.2 Outdoor Storage
(a)
Where any permitted use includes outdoor storage, the land used for such storage shall
be screened from the street by a wall or decorative solid board fence not less than 2
metres (6.6 ft) and not more than 2.5 metres (8.2 ft) in height.
(b)
No material shall be piled higher than the height of the surrounding fence.
8.3 Salvage or Waste Disposal Facility, Recycling Depot or Junk Yard
Where land is used for the storage of scrap, recycling or automotive materials, the following shall apply:
(a)
The whole of the operation shall be surrounded by a solid fence, not less than 3
metres (9.8 ft) and not greater than 5 metres (16.4 ft) in height, unpierced except for
gates necessary for access.
(b)
The fence shall be located at least 6 metres (19.7 ft) from the front line and 1.5 metres
(5 ft) from side and rear lot lines, and the land between the fence and any lot line, not
required for entrance and exit driveways, shall only be used for landscaping.
(c)
No material shall be piled higher than the height of the surrounding fence.
PART 9
INDUSTRIAL ZONES
9.1.1
IND (Industrial) Zone
9.1.1.1
IND Zone Permitted Uses
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Any land, building or structure may be used for the purpose of and for no other purpose than:
(a) One or more of the following main uses:
a light manufacturing, assembly or processing operations which are
conducted and wholly contained within a building
a transportation, warehousing or storage establishment
a retail, wholesale operations and personal
service shops an office use
an indoor recycling
depot a restaurant
an indoor commercial
recreation use a sawmill
a scrap yard
a steel fabricating
plant an asphalt
plant
(b) Accessory Use
Any accessory building, structure or use, incidental to the main use of the
land, building, or structure if such main use is permitted by this section.
(c) Community Use
The Committee may authorize, subject to terms and conditions, the
development of any combination of the following community uses
(i)
a public park
(ii)
places of worship
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(iii)
fire and police stations
(iv)
other types of institutional uses
(v)
post secondary education uses and facilities
9.1.1.2
IND Zone Requirements
(a) the minimum lot area is 1, 672 m 2 (18,000 ft2 )
(b) the minimum lot frontage is 36 metres (120 ft)
(c) the minimum lot depth is 45 metres ( 150 ft)
(d) the front or flankage yard is 7.6 metres (25 ft)
(e) the minimum side yard is 3.0 metres (10 ft); or ½ the height of the main building,
whichever is greater, to a maximum of 9 metres (29.5 ft);
(f) the minimum rear yard is 3.0 metres (10 ft); or ½ the height of the main building,
whichever is greater, to a maximum of 9 metres (30 ft);
(g) the maximum height of the main building is 15 metres (50 ft).
9.1.1.3
Requirements for Accessory Building and Structures
Except for a gate-keeper or security office not exceeding 9 m 2 (96.9 ft2 ) in size, no accessory building
or structure may be placed, erected or altered so that, in relation to the main building or structure it is:
(i)
within the front yard thereof; or
(ii)
within 3 metres (9.8 ft) of a side or rear lot line.
9.1.1.4
Industrial Zone Other Requirements
Within any Industrial Zone, no use shall be permitted except in conformity with the following:
(a)
Where any IND Zone abuts a Residential zone, no portion of any parking space or
storage yard shall be located within any required side or rear yard except where a fence
or other visual and physical barrier is provided in which case no portion of any parking
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space or storage yard shall be located within 1.5 metres (5 ft) of the side or rear lot
line.
(b)
Outside storage shall be permitted and shall be screened from the street by a wall or
decorative fence not less than 2 metres (6.6 ft) and not more than 2.5 metres (8.2 ft)
in height. No material shall be stacked higher than the height of the surrounding
fence. Where feasible, existing trees shall be preserved.
PART 10
INSTITUTIONAL
10.1.1
I (Institutional) Zone
10.1.1.1
I Zone Permitted Uses
Any land, building or structure may be used for the purpose of and for no other purpose than:
(a) One or more of the following main uses:
a building intended for public assembly or for social, cultural or
recreational activities, or for an educational or institutional use, or similar
use
a church and other religious institutions including cemeteries or
crematories and similar uses a day care centre
a government building and uses (federal, provincial
and municipal) a group home or institutional residence
a hospital or health services building
a park, open space, playground, golf club or other
recreational use a TV or radio tower
(b) Accessory Use
Any accessory building, structure or use, incidental to the main use of the
land, building, or structure if such main use is permitted by this section.
(c)
Landscaping Where any institutional use abuts a residential use or zone, the same
requirements as for industrial use described in Section 8.1 shall apply
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10.1.1.2
I Zone Requirements
(a)
the minimum lot area is 1,672 m 2 (18,000 ft 2)
(b)
the minimum lot frontage is 36 metres (120 ft)
(c)
the minimum lot depth is 45 metres ( 150 ft)
(d)
the front or flankage yard is 7.6 metres (25 ft)
(e)
the minimum side yard is 3.0 metres (10 ft); or 1/2 the height of the main
building, whichever is greater ,to a maximum of 9 metres (29.5 ft);
(f)
the minimum rear yard is 3.0 metres (10 ft); or 1/2 the height of the main
building, whichever is greater, to a maximum of 9 metres (30 ft);
(g)
the maximum height of the main building is 15 metres (50 ft).
PART 11
PARK AND RECREATION
11.1.1
PR (Park and Recreation) Zone
11.1.1.1
Park and Recreation Zone (PR) Permitted Uses
Any land, building or structure may be used for the purpose of and for no other purpose than:
(a) One or more of the following main uses:
a cemetery, crematoria, funeral home or similar use
public park, including playground, sport or recreational establishment
outdoor recreational use, including but not limited to a public or private
golf course and ancillary uses and facilities
a linear open space trail
interpretive uses associated with areas of natural or scientific interest
(b) Accessory Use
Any accessory building, structure or use, incidental to the main use of the
land, building, or structure if such main use is permitted by this section.
11.1.1.2
PR Zone Requirements
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Where appropriate, the following requirements shall apply:
(a) the front or flankage yard is 15 metres (50 ft);
(b) the minimum rear yard is 11 metres (36 ft);
(c) the maximum height of the main building is 10.7 metres (35 ft); and
(b) the minimum side yard is 11 metres (36.1 ft).
PART 12
OPEN SPACE
12.1.1
OS (Open Space) Zone
12.1.1.1
Open Space (OS) Zone Permitted Uses
Any land, building or structure may be used for the purpose of and for no other purpose than: :
(a) One or more of the following main uses:
a park
an interpretive use associated with areas of natural or
scientific interest an agricultural uses that do not include
structures
a linear open space trail
public works associated with flood control
(b) Accessory use
Any accessory building, structure or use, incidental to the main use of the
land, building, or structure if such main use is permitted by this section,
provided that the accessory building or structure is not located within 15
metres (50 feet) of a watercourse.
12.1.1.2
OS Zone Requirements
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(a) the front or flankage yard is 6.1 metres (20 ft);
(b) the minimum rear yard is 4.5 metres (15 ft);
(c) the minimum side yard is 3.0 metre (10 ft);
(d) the maximum height of the main building is 10.7 metres (35 ft); and
(e) the maximum lot coverage is 10 %.
PART 13
RURAL AREA
13.1.1
RA (Rural Area) Zone
13.1.1.1
RA Zone Permitted Uses
Any land, building or structure may be used for the purpose of and for no other purpose than:
(a) Residential Use
a single unit dwelling
(b)
Rural Use
an agricultural use, greenhouse or the raising
of livestock a forestry use, sawmill or wood
working yard
a kennel or veterinary
hospital a government
use
a stable or riding
school a veterinary
hospital
a park
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outdoor recreational uses including, but not limited, to a public or
private golf course and ancillary uses and facilities
a linear open space
trail an educational
facility a place of
worship
a sand and gravel pit
(c) One of the following secondary uses:
a boarding house, rooming house or
tourist home a home occupation
a home
business a
private stable
a roadside stand for the sale of
agricultural produce a garden centre
a bed and breakfast /
tourist home a
neighbourhood daycare
centre
(d) Accessory Use
No accessory building or structure may
(a)
exceed 11 metres (35 ft) in height;
(b)
be placed erected or altered so that it is:
(i)
except in the case of an agricultural or forestry use, within
the front yard of the main building or structure;
(ii)
in the case of an agricultural or forestry use, within 7.6
metres (25 ft) of a street line;
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(iii)
within a distance of side or rear lot line of the greater of 3
metres (10 ft) or one half the height of the building or
structure.
13.1.1.2
RA Zone Requirements - Residential Use - Unserviced
(a) the minimum lot area is 4,000 m 2 (1 acre);
(b) the minimum lot frontage is 54 metres (180 ft);
(c) the minimum lot depth is 38 metres (125 feet);
(d) the front or flankage yard is 15.2 metres (49.9 ft);
(e) the minimum rear yard is 7.0 metres (23 ft);
(f) the minimum side yard is 7.0 metres (23 ft);
(g) the maximum height of the main building is 8.5 metres (28 ft).
13.1.1.3
RA Zone Requirements - Rural Use
(a) the minimum lot area is 2.025 ha (5 acres);
(b) the minimum lot frontage is 152 metres (498.7 ft);
(c) the front or flankage yard is 15.2 metres (49.9 ft);
(d) the minimum rear yard is 7.0 metres (23 ft);
(e) the minimum side yard is 7.0 metres (23 ft);
(f) the maximum height of the main building is 26 metres (85.3 ft).
PART 14
FLOOD RISK AREA - MANAGEMENT
14.1.1
FW (Floodway) Zone
Any land, building or structure may be used for the purpose of and for no other purpose than:
14.1.1.1
FW Zone Permitted Uses
(a) One or more of the following main uses:
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open space uses and outdoor recreation uses
interpretive uses associated with areas of natural or
scientific interest a linear open space trail or pathway
public works associated with flood
control water and sewer
distribution uses
parking lots
14.1.1.2
Existing Uses and Structures
(a) All uses and structures not otherwise permitted in the Floodway (FW) Zone, existing on the effective
date of this Plan, shall be permitted to continue, and may be flood proofed. Any vacant lots shall be
zoned as Open Space (OS).
14.1.1.3
Placement of Fill in the FW Zone
In the Floodway (FW) Zone no placement of off-site fill shall be permitted except associated with a
permitted use which is required to meet the flood proofing standards set out in Section 14.1.2.4.
14.1.1.4
FW Zone Requirements
Standards
(a)
the minimum lot area is 742 m2 (8000 ft2);
(b)
the minimum lot frontage is 24.4 metres (80 ft);
14.1.1.5
Notwithstanding 14.1.1.4, minimum standards as described under Provincial Flood Plain
regulation shall represent the minimum standard for lot area.
14.1.2
FWF (Floodway Fringe) Zone
Any land, building or structure may be used for the purpose of and for no other purpose than:
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14.1.2.1
One or more of the following main uses:
commercial uses such as small-scale retail, convenience store
or similar uses, an office use
open space uses
interpretive uses associated with areas of natural or
scientific interest a linear open space trail or pathway
public works associated with flood
control water and sewer
distribution uses
parking lots
14.1.2.2
Existing Uses and Structures
(a) All uses and structures not otherwise permitted in the Floodway Fringe (FWF) Zone, existing on the
effective date of this By-law, shall be permitted to continue, and may be flood proofed. Any vacant
lots shall be zoned open Space (OS).
(b) All uses and structures not otherwise permitted in the Floodway Fringe (FWF) Zone, existing on the
effective date of this By-law, shall be allowed in accordance with the following provisions:
(i)
existing uses and structures, except residential institutions and uses involving the
warehousing or production of hazardous material, may be expanded provided the
expansion does not increase the area of any structure at or below the required flood
proof elevation of 84.3 metres.
(ii)
notwithstanding sub-clause (i) additions to existing structures in the form of
unenclosed porches, steps, patios and similar structures shall be permitted.
14.1.2.3
Placement of Fill in the FWF Zone
In the Floodway Fringe (FWF) Zone no placement of off-site fill shall be permitted except associated with a
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permitted use which is required to meet the flood proofing standards associated with a permitted use
as set out in Section 14.1.2.4.
14.1.2.4
Flood Proofing Standards
No development shall be permitted in the Floodway Fringe (FWF) Zone unless the requirements of either
clause (a) or (b) are met:
(a)
no enclosed portion of a structure shall be below the required floodproof elevation of
82.3 m, or shall be adequately flood proofed as determined by a qualified engineer;
or
(b)
any enclosed portion of a structure which is at or below the required floodproof
elevation shall conform to the following requirements:
(i)
there shall be no openings in the external wall of the structure ( e.g.
windows and doors) below the required floodproof minimum
elevation;
(ii)
fill, where permitted by this Plan, shall be placed around the
perimeter of the structure to a height not less than the required
floodproof elevation, for a distance of not less than 3 metres and
not greater than 6 metres perpendicular to the perimeter of the
structure; and
(iii)
the perimeter of the fill shall be stabilized by:
(1)
fill at a slope of 1 to 1; or
(2)
such other flood proofing measures as determined
by a qualified engineer.
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14.1.2.5
Notwithstanding the requirements of 14.1.2.4 for flood proofing standards, Provincial Flood
Plain regulations respecting minimum standards for flood proofing shall apply.
14.1.2.6
FWF Zone Requirements
Standards:
(a)
the minimum lot area is 742 m 2 (8000 ft2);
(b)
the minimum lot frontage is 24.4 metres (80 ft);
(c)
the minimum lot depth 30 metres (100 ft)
(d)
the front or flankage yard is 7.6 metres (25 ft);
(e)
the minimum rear yard is 6.1 metres (20 ft;)
(f)
the minimum side yard is 2 metres (6 ft);
(g)
the maximum height of the main building is 8.5 metres (28 ft);
(h)
the maximum lot coverage is 50 % in the case of an interior lot or 45 % in
the case of a corner lot.
14.1.2.7
Notwithstanding 14.1.1.5, minimum standards as described under Provincial Flood Plain
regulation shall represent the minimum standard for lot area.
PART 15
SIGN REGULATIONS
15.1.1
D definition's
SIGN means any structure, device, light, painting or other representation or natural object
which is used to identify, advertise or attract attention to any object, place activity, person,
institution, organization, firm, group, commodity, profession, enterprise, industry or business, or
which display or include any letter, work, model, banner, flag, pennant, insignia, device or
representation used as an announcement, direction or advertisement, and which is intended to be
seen from off the premises or from a parking lot, except any "signs" which is affixed to the inside of a
window or glass door.
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(a)
Sign, Billboard means a large ground sign or facia wall sign which is not related
to any business or use located on the lot or premises.
(b)
Sign, Facia wall means a sign which is attached to and supported by a wall of a building.
(c)
Sign, Freestanding means any sign supported independently of a building and
permanently fixed to the ground.
(d)
Sign, Illuminated means a sign that provides artificial light directly, or through
any transparent or translucent material, from a source of light connected with
such sign, or a sign illuminated by a light focused, upon or chiefly directed at
the surface of the sign.
(e)
Sign, Mobile means any sign fixed to a wheeled structure and designed to be moveable.
15.1.2
Signs Permitted in all Zones
The following signs shall be permitted in all zones and no permit shall be required for their erection:
(a)
any sign which has an area of no more than 0.45 square metres (4.8 square feet) and
which identifies the name and address of a resident.
(b)
any sign which has an area of no more than 0.45 square metres (4.8 square feet) and
which regulates the use of property, as do "no trespassing" signs.
(c)
any real estate sign (non-illuminated) which has an area of no more than 0.75 square
metres (8.1 square feet) in any residentially designated area or 2.2 square metres
(23.7 square feet) in any other zone.
(d)
any sign which has an area of no more than 0.45 square metres (4.8 square feet) and
which regulates or denotes the direction or function of various parts of a building or premises,
including parking and traffic areas.
(e)
any sign which has an area of no more than 4.6 square metres (49.5 square feet) and
which is incidental to construction.
(f)
any sign erected by, or under the direction of, a government body as are signs
identifying public buildings, giving public information or regulating traffic or
safety.
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(g)
any flag, insignia, notice or advertising of any charitable, religious or fraternal organization.
(h)
any memorial sign, plaque or tablet.
(i)
any sign that announces a candidate for public office in a municipal, provincial or federal
election.
15.1.3
Other Signs
Any other signs shall be permitted, provided it meets the specific sign provisions outlined in the plan, except a sign;
(a)
the structure of which constitutes a hazard to public safety or health, or
(b)
which for any reason obstructs the vision of drivers leaving a roadway or driveway,
or detracts from the visibility or effectiveness of any traffic sign or control device on
public streets, or
(c)
which obstructs free ingress to or egress from a fire escape door, window or other required exit,
or
(d)
which is located at or near a sharp road curve or below the crest of a hill, except
a sign erected by a government body.
(e)
which is not erected by, or under the direction of, a government body and which
makes use of words 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.
(f)
such as searchlights, string lights, spinners or streamers except for occasions such as
grand openings, county fairs and public festivals, or used as temporary holiday
decorations for a period not to exceed fourteen (14) days.
(g)
painted on a tree, stone, cliff or other natural object.
(h)
which is not related to any business or use located on the lot or premises. This is
referred to as third party signage and will only be permitted where an application has
been submitted to Council by the owner of a business which is not located on an
existing collector street as identified in Section 3.1.32 and for which the third party
owner agrees to his/her property being used for such a sign.
(i)
any sign which no longer advertises a bonafide business conducted or a product sold.
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Such signs are deemed to be obsolete signs 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.
15.1.4
Sign Permit Required
No person shall construct, erect, display, alter or relocate a sign and no person being the owner or
lessee of property shall permit, suffer or allow the construction, erection, display, alteration or
relocation of a sign on such property without a sign permit first having been obtained in accordance
with the provisions of this Plan.
15.1.5
Sign Permit Fee
A $ 75.00 permit fee shall be submitted for each sign for which a permit is required under the provisions of this
Plan.
15.1.6
Specific Sign Provisions for Specific Zones
15.1.6.1
In a Commercial or Industrial Zone, the following signs may be placed, erected or displayed:
(a)
a sign placed flat against the front of a building indicating the ownership
or nature of the business carried on therein, provided the gross surface
area does not exceed:
(i)
the product of the lineal frontage of the lot on which the
building is located, multiplied by two, in the case of a non-
illuminated sign,
(ii)
one-half the size permitted under subclause (i), in the case of
an illuminated sign; or
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(b)
a free-standing sign not exceeding 3.8 m2 (40 square feet) in gross
surface area, in the case of a service station or similar use.
15.1.6.2
In a Rural Area Zone the following signs may be placed, erected or displayed:
(a)
one sign not exceeding 3.8m 2 ( 40 square feet) in gross surface area indicating the name of a
farm; and
(b)
one sign not exceeding 1.7m 2 (18 square feet) in gross surface area indicating the
sale or rental of the property on which it is placed.
15.1.7
Non-Conforming Signs
The provisions of this Plan with respect to existing signs which do not conform to the Plan at
the time of its effective date shall not be construed to have a retroactive effect, except that
relocation, alteration, or removal of any such
non-conforming signs shall render such signs subject to the provisions of this Plan. The provisions of this
section shall not exempt the owner of a non-conforming sign from the obligations for proper
maintenance of such sign.
15.1.8
Abandoned and Unlawful Signs
(a)
No person being the owner lessee of property upon which a sign is
located shall permit, suffer or allow such sign, its faces, supports,
electrical systems or anchorage to become unsightly, dilapidated or
unsafe.
(b)
Every sign and all parts thereof, including framework, supports.
background, anchors and wiring systems shall be constructed in
compliance with the Building By-law and relevant fire and electrical
codes. A sign, which in the opinion of the Development Officer, has
become unsightly, or is in such a state of disrepair as to constitute a
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hazard, may be required to be removed.
(c)
Any sign which no longer advertises a bonafide business or service
on the premises shall be removed within sixty (60) days of
termination of such business or service.
15.1.9
Number of Signs
(a)
For the purposes of this Section, where a multiple tenancy building is
occupied by more than one business, each business shall be considered
to be a separate premises.
(b)
For the purposes of determining the number of signs permitted by this
Section, a sign shall be considered to be a single display surface or
display device containing elements organized, related and composed to
form a unit. Double-faced and three-faced signs shall be counted as
single signs. Where matter is displayed in a random manner, without
organized relationships or elements, or where there is reasonable doubt
about the relationships of any elements, each element shall be
considered to be a single sign.
(c)
No more than two (2) signs shall be erected on any premises at any
one time. For the purposes of this Section, signs enumerated in
Section 15.1.2 shall not be counted.
PART 16.0
ADMINISTRATION
16.1.1
Classification
(1)
For the purpose of the Municipal Plan, the municipality is divided into zones as
delineated on the plan attached as Schedule A, entitled "Village of Perth-
Andover Zoning Map".
(2)
The zones mentioned in subsection (1) are classified and referred to as follows:
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a)
Residential Zones
(i)
R-1 (Single Unit, Two Unit Dwelling) Zone
(ii)
R-2 (One Unit, Two Unit and Multiple Unit Dwelling) Zone
(iii)
RM -1 (Mobile Home) Zone
(iv)
RM - 2 (Mini-Home) Zone
(v)
RR (Rural Residential) Zone
b)
Commercial Zones
(i)
NC (Neighbourhood Commercial) Zone
(ii)
GC (General Commercial) Zone
(iii)
HC (Highway Commercial) Zone
c)
Industrial Zones
IND (Industrial) Zone
d)
Institutional Zones
I (Institutional) Zone
e)
Park and Recreation Zones
PR (Park and Recreation) Zone
f)
Open Space Zones
OS (Open Space) Zone
g)
Rural Area Zones
RA (Rural Area) Zone
h)
Flood Risk Area Management Zones
i)
FW (Floodway) Zone
ii)
FWF (Floodway Fringe) Zone
16.1.2
Powers of Council
(1) No building may be erected in the municipality in respect of which, in the opinion of the Council,
satisfactory arrangements have not been made for the supply of electric power, water, sewerage,
streets or other services or facilities.
(2) When, in its opinion, a building or structure is dilapidated, dangerous or unsightly, the Council may
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(a)
require the improvement, removal or demolition of such building or structure
at the expense of
the owner thereof; or
(b)
acquire the parcel of land on which such building or structure is located.
(3) Subject to subsection (5), within any zone mentioned herein, the Council may
(a)
designate land to be used for the location or erection of any installation
for the supply of electricity, water or sanitary or storm sewers, or for the
treatment or disposal of sewerage wastes; and
(b)
use land designated under clause (a) for a purpose therein mentioned.
(4) No land may be designated or used for the purposes of subsection (3) unless, in the opinion of Council,
(a)
such land is essential to the operation of the service concerned; and
(b)
any development thereon in a Residential or Institutional Zone is adequately
screened from public view.
(5) Notwithstanding any other provision of this by-law, the Council may, in its discretion, allow a
developer of a building or structure to pay to the municipality the sum of $200.00 per space in lieu of
providing the off-street parking required hereunder.
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By-Law No. L-6
January 2020
16.1.3
Special Powers of the Advisory Committee
(1) No building or structure may be erected on any site where it would
otherwise be permitted under this by-law when, in the opinion of the
Advisory Committee, the site is marshy, subject to flooding, excessively
steep or otherwise unsuitable by virtue of its soil or topography.
(2) The Advisory Committee may, subject to such terms and conditions as it
considers fit,
(a)
authorize, for a temporary period not
exceeding one year, a development
otherwise prohibited by this Plan; and
(b)
require the termination or removal of a
development authorized under clause (a) at
the end of the authorized period.
16.1.4
Amendments
(1) A person who seeks to have the Municipal Plan or Zoning By-law amended shall
(a)
address a written and signed application in
duplicate therefor to the Council or the
Advisory Committee; and
(b)
pay a fee of $250 payable to the Council.
(2) The Council may, if it deems fit, return all or any part of the fee mentioned in
subsection (1).
(3) An application under this section shall include such information as may
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By-Law No. L-6
January 2020
be required by the Council or Advisory Committee for the purpose of
adequately assessing the desirability of the proposal.
(4) The council may refuse to consider an application under this section if such
application:
(a)
seeks to re-zone an area of land from one type of
zoning to another; and
(b)
if such application has not been signed by
the owner, or if more than one, all the
owners of each property in respect or which
the re-zoning application is made.
(5) Before giving its views to the Council with respect to an application
under this section, the Advisory Committee may carry out
investigation as it deems necessary.
(6) Unless, upon the advice of the Advisory Committee, the Council is of
the opinion there is valid new evidence or change in conditions, where
an application under this section has been refused by the Council, no
further application may be considered by the Council for one year if
such application
(a)
in the case of re-zoning, is in respect of the
same area of land with which the original
application was concerned; or
(b)
not being in relation to re-zoning, is similar to the
original application.
(c)
seeks to re-zone an area of land
16.1.5
Exceptions
Notwithstanding the provisions of this by-law, the terms and conditions
Village of Perth-Andover Municipal Plan
Page 82
By-Law No. L-6
January 2020
adopted by the Village of Perth-Andover under By- laws 53 and 60 shall
be carried forward and shall apply to PID# 65044836 being located at
392 and 394 East Riverside Drive.
Village of Perth-Andover Municipal Plan
Page 83
By-Law No. L-6
January 2020
17. TRANSITION AND REPEAL
1)
WHEREAS Section 32 of the New Brunswick Community Planning Act requires that a
Municipal Plan By-law and Zoning By-law be reviewed every ten years, the Village of
Perth-Andover under the authority vested in it by Section 24 of the Community Planning
Act, enacts as follows:
a)
A municipal plan for the physical development and improvement of the
Municipality is hereby adopted.
b)
The attached document, entitled "By-Law No. L-6 Village of Perth-Andover
Municipal Plan constitute the Municipal Plan mentioned in subsection (a).
c)
The Village of Perth-Andover Rural Plan adopted in 1997 and all amendments
thereto are hereby repealed and shall not affect any penalty, forfeiture, or liability,
incurred before such repeal or any proceedings for enforcing the same completed
or are pending at the time of repeal; nor shall it repeal, defeat, disturb, invalidate,
or prejudicially affect any matter or thing whatsoever completed, existing or
pending at the time of repeal.
Read First Time:
March 22, 2021
(By Title Only)
Read Second Time:
March 22, 2021
(By Title Only)
Read Third Time:
April 21, 2021
(By Title and Section Numbers Only)
Read Final Time:
April 21, 2021
(By Title Only) and ENACTED:
_________________________________
________________________________
MAYOR
CLERK
SEAL: