Registered MDSS Zoning By-law Z-4 — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 92096cfa37f3 · verified 2026-06-05 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## ST. STEPHEN'S ZONING BY-LAW  By-law Z-4 Zoning By-law for the Municipal District of St. Stephen   ## PURPOSE OF THE BY-LAW This Zoning By-law outlines the Municipal District of St. Stephen' zoning regulations to achieve the policies of St. Stephen's Municipal Plan in the community over ten-years with regard to changes of land use, subdivision of lands, and development of buildings or structures. Ihis zoning by-law reflects the distinct differences between urban or rural zoning regulations. Urban zoning primarily deals with the issues of living in close proximity with other people/land uses, whereas rural zoning primarily deals with protecting environmental quality and the development of natural resources. The local government territory is geographically divided into zones and overlay zones according to the schedules attached to and forming part of this By-law. These are the zones that divide the Municipal District into distinct development areas, both rural and urban. These zones permit different types of developments: urban development, industrial development, rural settlement, or rural resource development. is also a conservation zone that prioritizes minimal development and is intended to protect groundwater recharge areas, environmentally sensitive areas, and mitigate/adapt to climate change risks. In addition to the above mentioned zones, there are also overlay zones, which are intended to address specific Municipal Plan policies for unique geographical locations within St. Stephen. For example, there is an overlay zone any temporary emergency shelters. Reform in the Prome of oNe Brunsvic in 2022 came the establishment and new boundary alignments for local government units throughout the province. The new Municipal District of St. Stephen is one local government that was established under that legislation. The Municipal District of St. Stephen now includes the former Local Service Districts of Dennis Weston, Saint Stephen (Upper Mills), Dufferin, St. David, and Western Charlotte, as well as the former Town of St. Stephen.  ## BY-LAW TABLE OF CONTENTS ## By-law Sections | BY-LAW TITLE & SCOPE | INDUSTRIAL ZONE 42-43 | |------------------------|-------------------------| | DEFINITIONS | RURAL ZONES | | 6-17 | 44-49 | | ADMINISTRATIVE CLAUSES | URBAN ZONES | | 18-22 | 50-56 | | GENERAL PROVISIONS | SPECIAL ZONES | | 23-36 | 57-63 | | CONSERVATION ZONES | ZONING MAPS | | 38-41 | 64-69 | Under section 44(2.3) of the Community Planning Act (the "Act"), I certify that the following content meets the requirements of the Act.  Alex Henderson, RPP (NB), MCIP Planning Director Co-Author: Alexander Gopen, RPP (NB), MCIP Southwest New Brunswick Service Commission  ## Photo Credits: - Municipal District of St. Stephen - Wikimedia Commons  ## ZONING BY-LAW ## 1.0 By-law Title & Scope The Council of the Municipal District of St. Stephen, under the authority vested in it under the Community Planning Act makes the following Zoning By-law (herein called the "By-law" or "Zoning"). 1. By-law Z-4, the Municipal District of St. Stephen Zoning By-law, is hereby adopted 2. This By-law may be cited as "Zoning By-law for St. Stephen. 3. This By-law applies to the Municipal District of St. Stephen local government boundaries as outlined in Subsection 36 of Regulation 2022-50 under the Local Governance Act. 4. This Zoning By-law: - ii. prescribes powers reserved in the advisory committee; - i. divides the Municipal District into zones as shown on a zoning map; 7. regulates how land, buildings and structures in any zone may be used; 8. prohibits the use, placement, erection or alteration of land, buildings or structures other than in conformity with the purposes and standards mentioned in clauses 9. sets standards that land use, and the placement, erection, alteration and use of building and structures must conform to; and, 5. For the purposes of this By-law, the Municipal District is divided into zones as shown on the Municipal District of St. Stephen Zoning Map attached as 'Schedule A.' 6. For the purposes of this By-law, the Municipal District is divided into overlay zones as shown on the Municipal District of St. Stephen Zoning Map attached as Schedule B: 'Schedule C' and 'Schedule D.' 12. The Town of St. Stephen Zoning By-law No. Z-3, enacted on September 28, 2022, and all amendments thereto, are hereby repealed. READ FIRST TIME: July 30, 2025 READ SECOND TIME: October 29, 2025 READ THIRD TIME AND ENACTED: October 29, 2025  Mayor, Allan MacEachern Sit Renaud      This instrument purports to be a copy of the origina! registered or filed in the Chaslotte County Registry Office New Brunswick 2025-11-13 Exemplaire présenté coname copie conforme à l'insrumeet enregistré cu déposé au bureau de l'enregistrement du comté de Charlotte Nouveau-Brunswick 46673076 number / numere UNITED STATES CANADA INTERNATIONAL BOUNDARY LINE ## 2.0 BY-LAW DEFINITIONS THIS UNFORTIFIED BOUNDARY LINE BETWEEN THE DOMINION OF CANADA AND THE UNITED STATES OF AMERICA · ## 2.0 Definitions ACCESSORY BUILDING - means a detached building that: - is not habitable, except in the case of an accessory dwelling unit; - in located on the same lots the main use, mad decil in orse orture, ground storage canks. - contains a use that is incidental and subordinate to the main use, main building or structure; ACCESSORY DWELLING UNIT - means a dwelling unit with no more than two bedrooms which is incidental to the principal dwelling unit. When contained within the main building, it is synonymous with a secondary suite, and when contained within an accessory structure it is synonymous with a garden suite. Under this by-law, an accessory dwelling unit is not a multi-unit residential use. ## ACCESSORY STRUCTURE - means a detached structure that: - is not habitable, except in the case of an accessory dwelling unit - is located on the same lot as the main use, main building or structure; - . contains a use that is incidental and subordinate to the main use, main building or structure - may include renewable energy devices less than 9.1 m in height, an individual vehicle charging station, a recreational pier, a detached private garage or detached carport and above or below ground storage tanks; anc - e. does not include swimming pools with less than 1 m depth of water, play structures, or decks attached to a dwelling ACCESSORY USE - means a use of land, building or structure that: - is naturally or customarily incidental and subordinate to the main use or secondary use of the - is not habitable except in the case where an accessory dwelling unit is listed as a permitted use - in relation to a lot with a dwelling, includes incidental uses such as a market garden, greenhouse, personal fishing equipment, or the keeping of up to six (6) mature female chickens, femal ducks, or equivalent smaller female towl, but not including any male fowl that have reached maturation (e.g. roosters). ADVISORY COMMITTEE - means the Planning Advisory Committee of the Municipal District of St. Stephen or the Regional Service Commission, as the case may be. AGRICULTURAL USE - means the main or secondary use of any land, building, or structure ALTER (ALTERATION) - means, as applied to a building or structure or part thereof: - an enlargement, whether by extending the side, front or rear of a building or structure - a change or rearrangement in the structural parts or means of egress; - a morion one docto or pain co nother ANIMAL UNIT - means the equivalent number of livestock, after weaning or maturation, that equals one (1) animal unit as follows: - 1 horse, cow, steer, bull, mule, donkey, bison; or, - 7 alpacas, deer; or, - 4 ostriches, emus, llamas, sheep, goats, hogs; or - 35 geese, foxes, minks, rabbits; or, - 120 chickens (including layers, broilers), turkey broilers ARCHITECT - means a professional who is registered and licensed as a full member with a Provincia or Territorial architectural regulator in Canada (e.g. Architects' Association of New Brunswick). BARE-LAND CONDOMINIUM - means a condominium property as defined under the sandominium Property Act, and is generally one lot consisting of separate units of land on which gs may be located or constructed after purchase. BUFFER - means landscaped areas, naturally treed areas, fences, walls, berms, or any combination thereof used to physically and visually separate one use or lot from another in order to mitigate the impacts of noise, light, or other nuisance. BUILDING INSPECTOR - means the person responsible to issue building permits and inspect construction under the Building Code Administration Act. CAMP - means a lot, parcel, or piece of land intended for periodic recreational use and occupied on a seasonal basis by a maximum of one (1) of the following: a trailer, camper, truck camper, tent, dome. yurt, or similar transportable accommodation (e.g. a cabin on a non-permanent foundation), but doe not include dwelling units. For the purposes of this by-law, more than one (1) camp on a lot shall b considered a campground. CAMPGROUND - means a lot, parcel, or piece of land intended for periodic recreational use CANNABIS PRODUCTION - means the cultivating, processing, extracting, warehousing, research CANNABIS RETAIL - means the retail sale of goods containing cannabis, and other products licensed under the Cannabis Control Act and its regulations. COMMERCIAL USE, LARGE-SCALE - means the use of land, buildings, or structures for commerce - automobile-oriented commerce such as, but without limiting the generality of the following: gas stations, car washes, mechanic shops, drive-through restaurants, restaurants or retail witł greater than twenty (20) off-street parking spaces, and automobile dealerships; and, - commerce that involves a large outdoor developed footprint such as, but without limiting the nclude other industrial uses, and it does not include a forestry use, campground, resource excavatio se, utility use, or adult entertainmen COMMERCIAL USE, MEDIUM-SCALE - means the use of land, buildings, or structures for commerce purposes, and includes both: - downtown-oriented commerce such as, but without limiting the generality of the following: - tourist-oriented commerce such as, but without limiting the generality of the following lotels/tourist accommodations with on-site guest services, short-term rentals, spas, tour adventure outfitters, bike/scooter rentals, and amphitheaters. A medium-scale commercial use may include any use listed under the small-scale commercial use definition, but this use does not include automobile oriented commerce, commerce that involves a large outdoor developed footprint, cannabis retail, industrial use, forestry use, campground, resource COMMERCIAL USE, SMALL-SCALE - means the use of land, buildings, or structures for small scale commerce uses of that are compatible with includes buerce uses limiting are compality the followin celesence stores sions cales, smal offices, small retail stores, small artisan or craft studios, small-scale food production and small bakeries A small-scale commercial use does not include automobile oriented commerce, commerce that involve a large outdoor developed footprint, downtown commerce, courist-oriented commerce, cannabis retail, industrial use, forestry use, campground, resource excavation use, utility use, warehousing, licensed premises or adult entertainment. COMMON WALL - means a wall dividing two separate dwelling units, each with their own main entrance. CONDOMINIUM - means anyattached or non-attached dwellingregulated under the Condominium Property Act. CONSERVATION USE - means a use of land that serves to protect, maintain, or improve ar buyidings or sal resource or feature and may include passive recreation but does not include developing CORNICE - means any horizontal member, structural or non-structural, of any building, projectin urward from the exterior walls at the roofline, including eaves and other roof overhan DEVELOPMENT - means a development as defined by the Community Planning Act. DEVELOPMENT OFFICER - means a development officer as defined by the Regional Services Delivery Act. DEVELOPMENT PERMIT - means the permit issued by the development officer or the approval by a development officer of a building permit that is issued by the building inspector. DRIVEWAY ACCESS - means that which is used to provide vehicular access from a street to a lot. DWELLING - means a building, or portion thereof, that is used as a dwelling unit and may inclu mp, couns daclin darion house and a mer, orshot edm rentainclude a residencial care facilit DWELLING UNIT - means a room or suite of two or more rooms for use, or intended for use, by onc or divid indi), aud in hich alienrand sam outside the ari ping ded fom he exclusive lie ay or stairway inside ENGINEER - means a professional engineer licensed to practice in the Province of New Brunswick. MERGENCY SHELTER - means an establishment that provides remporary accommodations to ›eople in crisis who require immediate lodging and may involve staff supervision, meals, and persona support services. ERECT - means to build, construct, reconstruct, locate, or relocate, and, without limiting the preparatory thereto. EXTRACTIVE INDUSTRIAL USE - means the use of land for mining as defined under the Mining Act, other than a resource excavation use as defined under Section 2.0 for the purposes of this By-law, and includes the refinement and/or processing of minerals, ores, sand, gravel, stone or other aggregate resources, and includes tailing ponds, rock crushing plants, asphalt plants or concrete plants. FAÇADE - means that exterior wall of a building or structure that oriented to be exposed to public view from a street. FENCE - means a structural barrier erected for the purpose of providing a boundary to prevent uncontrolled access, or for decorative purposes (such as an ornamental gate or ornamental gates), or to screen from viewers in or on adjoining properties and streets, materials stored, and operations conducted behind it. FLANKAGE YARD - means the side yard of a corner lor, which abuts a street, and required flankage yard or minimum flankage yard, means the minimum side yard required by this By-law where the yard abuts a street. the use does not include any other industrial uses. FRONT LOT LINE - means the line dividing the lot from a street or other means of access, and: - a. in the case of a corner lot, the shorter lot line abutting the street, or another access in the case of no street, shall be deemed the front lot line; 2. or in the case of a corner lot that has the same dimensions along the two streets (or other accesses) it abuts, the lot line where the building or structure has its principal entrance shall be the front lot line. FRONTAGE - means in the case of: - an interior lot, the measurement of the front lot line between the side lot lines; - a corner lot, the measurement of the front lot line between the side lot line and flankage lot - C. GOOSE NECK LIGHT - means a sign light wherein the light is downward facing and the light extends away from the mounted fixture with a swooping, curved arm. GRADE, AVERAGE - means, with reference to a building or structure, the average elevation of the finished surface of the ground where it meets or will meet the exterior of such building or structure excluding localized depressions such as vehicle or pedestrian entrances. GRADE, EXISTING - means the elevation of the ground surface in its natural state, before development. GREEN SHORE PROTECTION - means a nature-based solution for shoreline protection to help lissipate wave action and beneht the terrestrial and aquatic environments. Green shore protection involves planting or installing natural shoreline features such as riparian vegetation, large woody debri shoreline materials (sand, cobble, and gravels) and avoids/limits the use of hard or structural shore protection works that may have an unintended effect of deflecting wave action onto neighbouring lots. GROUND FLOOR - means the lowest full storey that is located entirely above the grade; and with respect to the street façade, means the part of the façade that is within 4 m (13.1 ft) of the grade. GROSS FLOOR AREA - means the aggregate of the floor areas of a building above and below unctions, including sleeping, living, cooking, ar consTABu i means suitable for overnight nesidenial occupancy co carry on normal livin HEIGHT - means, in relation to a building or structure, the vertical distance as measured from the average grade, unless otherwise specified, to the highest point of such building or structure, as follows.  - a. for flat or dome roofs, the highest point is the highest part of the building; LA: - . for pitched roofs, the highest point is the mid-point berween the highest ridge of the buildin ind the highest eave; anc - C. for gambrel roofs, the highest point is deemed to be the mid-point between the mid-point setween the ridge and the point immediately below the ridge where the pitch changes the floor area used for the home-based business, except in the case of a child care facility, does not exceed 10% of the gross floor area of a main building on the lot. A home-based business does not have exterior storage or signs, other than small sign(s) exempted pursuant to section 3.8(2) of the By-law, and where any equipment is operated inside of a building or structure that is effectively sound-dampened aquatic species. This use may include the servicing, treating, and recycling of articles or end products for a salvage use. This use may involve hazardous and commonly recognized offensive conditions, but does not include forestry uses, or the storage and disposal of untreated chemical, biological, explosive, and radioactive wastes as a main use. INSTITUTIONAL USE - means the use of land, buildings, or structures for community or public ourposes such as, but without limiting the generality of the following: a religious use, cemetery, ar indoor or outdoor recreational facilicy, a childcare facility, a cultural use or community hall with ar associated licensed premises, a residential care facility, a public utility use, a school or educational institution and dormitory, hospital, health-care office or clinic, a government office building or service center, but does not include a correctional facility or a supervised consumption site. LICENSED PREMISE - means any premises licensed to serve alcoholic beverages as a regular part of operations pursuant to the Liquor Control Act, but does not include special occasion or noncommercial uses. LIVESTOCK - means any non-predatory animal raised and kept for agricultural or aquaculture purposes, but does not include domestic animals that are kept within a dwelling unit or small livestock LIVESTOCK FACILITY- means a building used or intended to be used to confine or house livestock or confid lived small adi, tude safertier aral used of incloped ro beused osthan manure, LOADING AREA - means an off-street area, on the same lot as the main use, that is used for the which is conarkied of a combiestiely by cle while boadingand unloading merchandise or materials anc vhich is connected LOT - means a parcel of land or two or more adjoining parcels held by the same owner used o ntended to be used as the site for a building or an appurtenance thereto, whether or not such lot shown on a filed subdivision plan or is the subject matter of a separate deed or a separate description LOT COVERAGE - means the percentage of lot area covered by buildings and structures above bade. Tois does not include uncovered swimming pools, unenclosed porches s, patios, sundecks an‹ LOT DEPTH - means the horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries. LOT LINE - means a common line between a lot and: a) an abutting lot, or b) a street or watercourse. LOT SIZE - means the total horizontal area within the lot lines of a lot, excluding the horizontal area of a lot: - c. beyond che ordinary high- water mark. MAIN BUILDING - means the building in which the main or principal use of a lot is conducted. may not be me as chi pohe gry purprof for cha lot, building(s) and/or sructure (5) isused but MINI-HOME - means an individual dwelling unit, other than a mobile home or modular dwelling; fabricated in an off-site manufacturing facility for installation or assembly at the building site, and provided with a Canadian Standards Association approved stamp and number and/or meeting the requirements of the National Building Code of Canada, but does not include any mobile home with a MULTI-UNIT DWELLING - means a main building comprising more than one dwelling unit which may have either shared or individual ourside accesses; or dwellings attached to a building which is principally commercial. MUNICIPALITY - means the municipal administration of the Municipal District of St. Stephen. MUNICIPAL DISTRICT - means the territorial boundaries of the Municipal District of St. Stephen, as established under the Local Governments Establishment Regulation - Local Governance Act. ORDINARY HIGH-WATER MARK - means the highest level reached by a body of water that has been maintained for a sufficient period of time to leave evidence on the shoreline. This is often indicated by destruction of terrestrial vegetation, the presence of marks on trees or debris deposits. It is usually the point at which natural vegetation shifts from predominately hydrophilic species to terrestrial species. OVERLAY ZONE - means an overlay zone within the meaning of the Community Planning Act. PARKING LOT - means an open area of land, other than a street, or an area within a structure intended to accommodate six (6) or more parking spaces. PARKING SPACE - means a rectangular area reserved for the temporary parking or storage of moror vehicles, which may include portions ofa driveway access but does not include any aisles within PARKS AND OPEN SPACE USE - means an area of land either landscaped or natural, which is PRE-EXISTING USE - means a pre-existing building, structure, or use of land, that was lawfully ›ermitted prior to, and where the use was in existence and continued uninterrupted afterwards, the date of approval of the Municipal District of St. Stephen Zoning By-law RENEWABLE ENERGY DEVICE - means a device that generates energy for a lot or buildings without the use of fossil fuels or where the power sources are not depleted by the use of the device. REGIONAL SERVICE COMMISSION - means a regional service commission established under the Regional Service Delivery Act, problems, and includes such facilities as are licensed by the Family Services Act, or by other provincial egislation, and that may contain common facilities, but does not include multi-unit residential uses, rooming house, emergency shelter, supervised consumption sites, or a correctional facility. RESIDENTIAL CLUSTER DEVELOPMENT - means a bare-land condominium or residential land lease community on a parcel of land that is not subdivided into lots within the meaning of the Community Planning Act and where the dwellings are clustered together on one part of the land ir order to preserve, for a conservation use, at least seventy-five percent (75%) of the original parcel through conservation easements. RESIDENTIAL LAND LEASE COMMUNITY - Any area, lot, parcel, or tract held in common ownership, and on which individual portions of said area, lot, parcel, or tract are leased for the placement of mini-homes as a primary residence. Residential land lease communities do not includ camps or mobile homes with trailer hitches. RESOURCE EXCAVATION USE - means the use of land for the excavation of sand, gravel, clay, shale, limestone or other mineral deposit for a development or for the sale or other commercial use of the material excavated, but does not include processing, or refinement of materials, or an extractive industrial use. ROOMING HOUSE - means a dwelling with single room occupancy, that is synonymous with a 'boarding house, where individual sleeping quarters are provided to more than (3) persons for compensation, and may include a combination of individual and shared habitable space in a dwellin unit, but does not include a institutional use, multi-unit dwelling, residential care facility, short-term rental, or emergency shelter. SALVAGE USE - means the use ofland, buildings, or structures, where there are stored or deposited three (3) or more unregistered motor vehicles that are no longer in condition for legal use on the public highes a de cue tor the a ver dr sega in bulk to the or 13) ore are yes do i salvage ure also SEA LEVEL RISE, PROJECTED - Means the projected ordinary Higher High Water Large Tide by the year 2100 as delineated on Schedule B of this by-law as the O-NH-1 Zone, or below 5.1m Canadian Geodetic Vertical Datum 2013, or future projection as determined by the Province. SECONDARY USE - means a use that cannot be developed without a permitted main use on a lot but may occupy a greater gross floor area than a main use unless otherwise prescribed by the By-law. SERIES - means a set of consecutively attached dwelling units of two (2) or more units where the dwelling unit on both ends of the series do not share one of the side walls with other units.. SETBACK - means the required distance, in accordance with the provisions of the By-law, betweer very building or structure and the lot lines of the lot on which it is proposed to be located SHORE PROTECTION WORKS - means any shore protection structure, including but not limitec but ares piers, iclaiy from the shorand piles, bur does not include groynes or other rigid structures SHORT-TERM RENTAL - means the use of an camp, dwelling unit or accessory dwelling unit, or portion thereof, for temporary accommodations of no more than thirty (30) days at a time. SIGN - means any structure, device, light, painting, or other representation or natural object that is SIGN, AREA - means the area per side of the smallest triangle, square, rectangle, circle or semi circle that can wholly enclose the surface area of the sign. In the case of wall sign(s) featuring individual letters affixed to a building, sign area shall be the sum of the combined areas of the smallest squares o rectangles that can wholly enclose the words being displayed. Unless otherwise specified, sign area i SIGN, BILLBOARD - means a large sign affixed to the ground or a fascia sign that is not related to any business or use located on the lot or premises on which it is located. SIGN, COMMUNITY - means a portable sign or banner sign that is temporarily displayed in an off-site location, or a permanent sign in an off-site or on-site location, where the sign is exclusively used for community announcements, directions, or advertisements of community events, as authorized by bose, or orce ongos each individual side rfac of fresanding or directory projecting sandwich SIGN, ILLUMINATED - means a sign lit with light(s) shining internally through the sign's material right maling inde no or ine slopen/ourer sign shining chrough no, a sign luminate. SIGN, POINT-OF-PURCHASE - means a sign to advertise goods on-site, such as a drive-thru menu. or by other means. IGN, PROJECTING - means any sign, other than an awning, that is attached directly to a buildin rall, where the sign face is not parallel to the wall it is attached to SIGN, SANDWICH BOARD - means a sign which is constructed of two boards connecting at one end and which shall be taken on and off a site on a daily basis. SIGN, WALL. - means a sign, other than a roof sign or projecting sign, which is attached to and supported by a wall of a building. SIGN, WINDOW - means a non-illuminated painted, gold leaf, or otherwise affixed signage on display windows or door windows. STORM WATER STORAGE AREA - means a portion of a parcel of land which is utilized to provide detention areas, or storm water basins. STREET - means the right of way of every highway or road vested in Council or administered by the Province of New Brunswick. STRUCTURE - means anything constructed or erected on or below the ground, or attached to something on the ground and may include all buildings. SWIMMING POOL - means any exterior structure with a capacity to hold a 1-meter depth of water and is used for swimming, wading, or recreational bathing. 'RANSPARENT GLAZING - means the see-through portion of glass on a building's fenestratio hat is not made opaque by interior or exterior devices such as decals, tinting, or other structure UTILITY USE - means the use of land, buildings, or structures to provide telecommunication URBAN SERVICE BOUNDARY - as described on Schedule "C". WAREHOUSING - means a building used primarily for the bulk storage of commodities, liquids, and materials and may include wholesaling and distribution. WATERCOURSE - means a "watercourse' as defined in the Clean Water Act. WETLAND - means a 'wetland' as defined under the Clean Water Act. ## 3.0 Administrative & Interpretive Clauses ## 3.1 Zoning Classifications - For che purposes of this By-Law, the Municipal District is divided into zones as delineated at ched a Schedied hy, and overlad ones as de bered on of set Stephand in Mahi my. 2. The zones mentioned in subsection (1) are classified and referred to as follows: - Conservation Zones: - Conservation, High Priority (C-1) - b. Rural Zones: - Conservation, Low Priority (C-2) - Rural, Established (R-1 - Rural, Settlement (R-2 - Rural, Resource (R-3) - C. Urban Zones: - Urban, Low Intensity (U-1) - Urban, High Intensity (U-3) - Urban, Medium Intensity (U-2) - d. Industrial Zone: - Industrial (1) - Integrated Development (ID) Zone - e. Special & Overlay Zones: - Downtown Overlay (O-DT) Zone - . Natural Hazard Overlay (O-NH) - Special Institutional Use Overlay (O-SIU) ## 3.2 Interpretation ## 3.2.1. ZONE BOUNDARIES - A zone boundary shown approximately at a lot line is deemed to be at the boundary of the lot. - or wetland, and where a professional wetland delineator determines the mapped feature was incorrectly mapped, the zone boundary shall be within 30 m of the newly delineated feature. 5. In the event that a public street, as delineated on the zoning map, is closed, the land formerl vithin such street shall be included within the zone of the adjoining land on either side of suci closed street. Where a closed street is the boundary between two or more different zones, the new boundary shall be the former centerline of the closed street. 4. Where zone boundaries are indicated as generally following an existing or a proposed stree line, alley line, public utility right-of-way, easement, fence, or building wall, the zone boundar shall be construed as following such lines. - Where none of the above provisions apply, and where appropriate, the zone boundary shall be scaled from the zoning map - Notwithstanding anything contained in this By-law, where a lot on a watercourse, or portiol hereof, is shown to not have a zone on the "Municipal District of St. Stephen Zoning Map, on Schedule A, the zone shall be determined by applying the nearest zone in proximity ## 3.2.2. METRIC MEASUREMENTS - meters or m; - All numerical requirements in this by-law are provided in metric units of measurement. Where a discrepancy between metric and imperial measurements occurs, the metric measurement shall prevail. Measurements are abbreviated in the following manner: - square meters or sq. m or m - square feet or ft; 1. héctares or ha - inches or in; - h. millimeters or mm. - centimeters or cm; and, 2. Ranges are abbreviated in the following manner: 6. minimum or 'min.' - maximum or 'max.; and, ## 3.2.3. USES PERMITTED - Uses permitted within any zone shall be determined as follows: - b. If any use is listed subject to any special conditions or requirements, it shall be permitted subject to the fulfilling of such conditions or requirements. - If a use is not listed as a use permitted within any zone, it shall be deemed to be prohibited in that zone; and, ## 3.2.4. DIAGRAMS & DEFINITIONS 1. interpret the by-law's requirements or depict its dimensional standards. In the event of any discrepancy between a diagram and the definitions or other provisions of the by-law, the written rext of the by-law shall prevail. 2. Definitions are provided in these zoning provisions as an authoritative interpretation on the meaning and scope of a variety of different land uses and terminologies being employed in thi document. Words in bold italics are words with specific definitions and may be found in Section Federal reguy lan or de thation alord chandren ind may denotes may Pit be sial and a definition under section 2.0 ## 3.3 Special Powers of Council or the Crown - Notwithstanding anything else contained in this By-law, no building or structure may be erected in the municipality, where in the opinion of the Council, satisfactory arrangements have not been made for the supply of electrical power, water, sewerage, streets, access, other services, and 2. Notwithstanding anything else contained in this By-law, land, buildinos, or structures in th nunicipality, may be authorized to be used by Council for any utility us - Notwithstanding anything else contained in this by-law, development on Crown Lands (submerged or terrestrial) is subject to all relevant Acts and the approval of the Minister of the Croartment of Natural Resources and Energy Development (or the Minister responsible for ## 3.4 Powers of the Advisory Committee - No building or structure may be placed, erected or altered on any site where it would otherwise be permitted under this By-Law when, in the opinion of the advisory committee, the site is marshy, - with reasonable terms and conditions cannot reasonably be expected. - a use permitted in the By-law for the zone in which the land or building is situated; or, 5. Where requested to permit a proposed use or variance under subsection (4) above, the advisory committee may give notice to owners of land in the immediate neighbourhood: - such reasonable variance from the requirements of the zoning provisions as provided by the Community Planning Act as, in its opinion, is desirable for the development of a parce of land, or a building, or structure, and is in accord with the general intent of the By-law. - describing the land - c. giving the right to make representation to the advisory committee in connection therewith within the time limit set out in the notice. - b. describing the use proposed or variance requested; and, 6. Where permitted under the Community Planning Actor Regional Service Delivery Act, powe t advisory committee may be delegated to the Development Officer or their delegat ## 3.5 Non-conforming Uses Non-conforming uses, unless otherwise provided for in this By-law, shall be subject to Sections 60 and 61 of the Community Planning Act. ## 3.6 Amendments - A person who seeks to have this By-Law amended: - An rezoning application under this section shall include such information as may be required by the Council or the Development Officer for the purpose of adequately assessing the desirabilit of the proposal according to the policies of the Municipal Plan and the Statements of Public Interes Regulation. - Where an application for zoning amendment or a rezoning of a lot has been refused within the previous twelve (12) months, Council will not consider the same application unless che proposal is substantially different from the previous application. ## 3.7 Development Permits - the Community Planning Act and its regulations; 2. ny other by-laws or regulations, a development permit is not required prior to carrying out the levelopment of any of the following - the development of an accessory use of land that does not change the existing grade by greater than 1 m (3.3 ft); - in the C-2, U-1, U-2, and U-3 Zones, the development of an accessory use in an accessory building or structure with less than 10 m' (over 107.6 ft?) of gross floor area and less thar 3 m (9.8 ft) in beight; - b. the erection of any fence that is under 2 m in height and is located in side yard or rear yard or any fence located outside of the Urban Service Boundary; - in the R-1, R-2, R-3, and I Zones, the development of an accessory use in an accessory building or structure with less than 20 m' (over 215.3 It') of gross floor area and less than 3 m (9.8 ft) in height; - f. establishment of a parking lot for five (5) or less vehicles; and - e. the cutting or removing of trees, except for the removal of healthy trees in the C-1 or C-2 Zones (Conservation Zones) which do not pose a reasonable risk to safety of life or roperty that are subject to tree preservation standards under sections 5.2.1 or 5.2.2; - g· than 1 m (3.3 ft). 3. An application under this section shall include such information as may be required by the Development Officer for the purpose of adequately assessing the compatibility of the development Proposa lacording to rad Zoning By lay. - An application for a development permit shall contain information as the Development Officer may require for the purpose of determining compliance with this By-law. - The work mentioned in the development permit shall be carried out, unless otherwise approved by the Development Officer, in compliance with the specifications contained in the application for 7. Where a development permit has been issued, the Development Officer may inspect the establishment, building, locating or relocating, demolishing, altering, or replacing of a use, building, or structure, to determine compliance with this By-law. 8. The Development Officer may revoke a development permit for one or more of the following reasons unless the applicant immediately proceeds to rectify the situation in a manner acceptable to the - There is a violation of any condition under which the development permit was issued; - The development undertaken exceeds the scope of the development permit; or, 5. period necess proposad in the developmens permit is not started, or is discontinued, for a - The development permit was issued by reason of incorrect, false, or misleading information. ## 3.8 Sign Permits - provisions of section 4.19 that is also exempt from the Building Code Administration Act. - In the Urban Service Boundary, one or more small wall signs with a combined total sign area of less than 0.28 m? (3 ft?); - c. One or more incidental sign not exceeding 0.18 m? (2 fl?) in sign area; - b. In the Urban Service Boundary, one or more window signs that comply with the provisions of section 4.19; - Any community sign, flag, banner, artistic mural, traffc or directional sign, as authorized by the municipality, Government of New Brunswick, or the Government of Canada. - C. Temporary on-site or off-site signs with information related to legal notices, public health, construction projects, real estate, or elections, are permitted subject to the following conditions: - i. such signs do not exceed 3 m? (32.3 ft?) in sign area; - ili. the signs are setback a minimum of 3 m (9.8 ft) from the traveled portion of any street except as authorized by the municipality; and, - ii. the sign is not illuminated; - iv. the sign is not permanent and is removed at most fourteen (14) days after the conclusion of the occurrence, event, or development, to which the sign pertained to. - An application tor a sign permit shall contain information as the Development Offcer ma equire for the purpose of determining compliance with this By-law 3. An application for a sign permit shall be made to the Development Officer in the form provided by the Regional Service Commission and be subject to a fee of $50.00. - I sion approved under a sion permit shall be displayed, unless otherwise approved by th Development Officer, in compliance with the specifications contained in the application for th - sign pehere a sign permit has been issued, the Development Officer or the Building, Irreplacingay inspect the installation, construction, locating or relocating, demolishing, altering, or replacing ot a sign, to determine its compliance with this By-law. - The Development Officer may revoke a sign permit for one or more of the following reasons unless the applicant immediately proceeds to rectify the situation in a manner acceptable to the Development - There is a violation of any condition under which the sign permit was issued; - b. The sign displayed exceeds the scope of the sign permit; or, - c. The sign permit was issued by reason of incorrect, false, or misleading information. 4.0 GENBRAL PROVISIONS ...... ## 4.0 General Provisions ## 4.1 Required Services for Building Lots - No building may be erected on any lot, where in the opinion of Council, satisfactory arrangements have not been made for the supply of one or more of the following: electrical power, water, sewerage, on-site septic disposal, or any other services or facilities to the lot that ## 4.2 Limits on Light Pollution - The requirements of this By-law with respect to the development of new exterior lighting are as follows: - No exterior lighting shall be used in a manner that emits a bright flashing light usually associated with danger or those used by emergency vehicles; - c. All exterior lighting shall be shielded and directed downward to limit light pollution anc protect the view of the night sky. - Any exterior lighting shall be located and arranged so that rays of light are not directly aimed at any adjoining lots or the public street; anc ## 4.3 Infilling or Changing Lot Elevations & Shoreline Protections - Except in the I Zone, or where an engineer's plan is approved pursuant to section 4.22(4), a hange from the elevation of existing grade involving the cutting or flling land to a depth it excess of 1 m (3.3 ft) shall be subject to the terms and conditions of the advisory committee - Notwithstanding section 43(1), the development of shore protection works that involve a change in the existing grade greater than 1 m (3.28 ft), is a particular use that is subject to such terms and conditions as the advisory committee considers necessary, including incorporating green shore protection. ## 4.4 General and Child Safety Standards for Swimming Pools 1. No land may be used for purposes of a swimming pool capable of containing a depth more than 1 meter (3.3 ft) of water unless the swimming pool is enclosed by a fence, or by a wall of a building or structure, or by a combination of walls and fences, at least 1.5 m (5 ft) in heigh and meeting all setback requirements for accessory structures on a lor. - a. No main or service entrance to the building may be located therein; and, 3. Where a portion of a wall of a building forms part of an enclosure mentioned in 4.4(1): 4. Any door therein, other than a door to a dwelling unit, shall be self-closing and equippe vith a self-latching device at least 1.5 m (5 ft) above the bottom of the door 5. 4. 6. An enclosure mentioned in 4.4(1) shall not have rails, bracing or other attachments on th · Feide mentional in aud facial not be lecied or incorporate barbed wire or othei 7. At least 1 m (3.3 ft) from the edge of the swimming pool; 8. At least 1 m (3.3 ft) from any condition that would facilitate its being climbed from th utside and so that the bortom of the fence be elevated by less than 5.5 cm (2.1") from ## average grade.. - Shall be equivalent to the fence in content, manner of construction and height; - Gates forming part of an enclosure mentioned in 4.3(1): - b. Shall be supported on substantial hinges; and, - c. Shall be self-closing and equipped with a self-latching device at least 1.3 m (4.2 ft) above - above average grade and do not possess any horizontal members that may facilitate climbing. The ladder area, which provides access to the aboveground pool, must be enclosed by a swimming pool enclosure as defined within this section. - No overhead electrical power line shall be placed over the area of a swimming pool enclosed by a fence or structure and no swimming pool or swimming pool enclosure may be placed, erected or altered so that it is located underneath an existing overhead electrical power line. ## 4.5 Pre-existing Buildings & Undersized Lots - Notwithstanding anything contained in this By-law, where a building or structure has been in existence before the effective date of this By-law having less than the minimum lot size, lo frontage, lot depth, front yard, flankage yard, side yard or rear yard than is required by this By-law, or exceeding the maximum lot coverage or building beiøht, such building or structure may be enlarged, reconstructed, repaired, or renovated provided that: - The enlargement, reconstruction, repair or renovation of an existing building or structure loes not further reduce the required minimum front yard, flankage vard, side yard, or rear yard, and does further exceed the required maximum lot coverage or building height hat does not conform to this By-law; anc - b. All other applicable provisions of this By-law are satisfied, including section 4.23. - The erection of a new building or structure can meet all other dimensional requirements of the zone in which it is located; - Notwithstanding anything contained in this By- law, where a lot has been in existence before the effective date of this By-law having less than the minimum lot dimensions than is required by this By-law, a building or structure may be developed provided that: - All other applicable provisions of this By-law are satisfied; and, - A septic system is approved by the Department of Public Safety, or a public works approva s granted by the municipality. ## 4.6 Height Exceptions - Notwithstanding building height requirements established in the various zones of this by-law, elements of a building or structure that are designed to project above height requirements such as church spires, water tanks, elevator enclosures, heating ventilation air conditioning (HVAC) units, agricultural uses, flagpoles, relecommunications devices, skylights, chimneys, clock towers, monuments, lightning rods, or renewable energy devices, but not including parts of the structure which comprise the roof or a building storey, shall: - For heights less than 15 m, be developed in conformity with the standards of section - b. Be developed subject to terms and conditions as may be established by the advisory committee, or be prohibited where compliance with the imposed terms and conditions annot reasonably be expected, such as height limitations imposed due to an airport - Be set back from the perimeter of a building's roof line by a minimum of 3 m; and, - Pursuant to section 4.6(1)(a), an exempted structural elements shall - b. Noc be visible from any location on a street within a 30-m horizontal radius as measured projecting outward from the façade of the ground floor of the building or structure. ## 4.7 General Setback Standards - a. 150 m in the case of a resource excavation use in the form of a quarry or extractive industrial use; and,; 2. Notwithstanding sub-section 4.7(2), a reciprocal setback shall not be required from any use that is not permitted in its respective zone. - b. 60 m in the case of a livestock facility approved under the Livestock Operations Act. ## 4.8 Required Access for Building Lots - No person shall use a lot or erect or use a building or structure on a lot, unless the lot abuts or fronts on a public street or otherwise has a driveway access or another form access to a street that is satisfactory to the advisory committee. - Notwithstanding 4.8.1, in the case of an island, a navigable body of water may be used for the purposes of an access in the absence of a public street, subject to any firefighting requirement of the National Building Code of Canada or of the municipality - No driveway shall meet the traveled portion of a street at an angle less than sixty (60) degrees. ## 4.9 Standards for Additional Buildings on a Lot 1. A building or structure for a accessory or secondary use shall not be placed or erected on a lot prior to the approval of the main use of land or buildings on the lot: 2. Accessory uses, buildings and structures will be permitted in all zones but they shall not - a. Be used for human habitation, except as an accessory dwelling unit developed pursuant to - d. Within the urban service boundary, be located within a required side or rear yard setback or be located closer to a front or flankage lot line than the exterior wall of a main building - a. When contained wichin any portion of a main building, an accessory dwelling unit's gross floor area shall not exceed 75% of the gross floor area of the ground floor of the main building, 6. Notwithstanding the population density standards of the R-1 and R-2. Zones, and in every cone that permits an accessory dwelling unit as a secondary use, the use is permitted subject tr he following conditions 7. When contained within a detached accessory building, a accessory dwelling unit is subject 8. Wo and no brid, no on structre ma bester dullic me or co beine on acted or dwelling unit on a lot. ## 4.10 Standards for Parking & Loading Spaces 1. In the C-1, C-2, R-1, R-2, R-3, and I Zones, where developed, a parking lot or loading area is subject to the following standards: 2. Administration Act. 3. Any loading areas shall not be less than 9.14 m (30 ft) long, 3.66 m (12 ft) wide and 4.26 m (14 ft) high, with driveway access thereto, and must be provided for every building or structure used for any purpose involving the use of vehicles for the receipt or distribution of materials. 2. In the Urban Service Boundary, where developed, a parking lot or loading area is subject to the following standards: - b. Any loading areas shall not be less than 9.14 m (30 ft) long, 3.66 m (12 ft) wide and 4.26 m (14 ft) high, with driveway access thereto, and must be provided for every building or structure used for any purpose involving the use of vehicles for the receipt or distribution of materials. - a. Shall conform with the Barrier-Free Design Building Code Regulation - Building Code Administration Act. - C. Where a parking lot is developed for six (6) or more parking spaces, following standards 8. sha one (i) road sale-tolerare deciduous tre, such as a chery tree, shall be planted for each 400 m? of parking lot area in landscaped strips located between rows of parking 9. manner as to ensure that the run-off is directed into a storm water storage area and not directly onto an abutting lot or on to a street; - iv. the location of approaches or driveways shall not be closer than 15 m (49.2 ft) fros 11. approaches or driveways to the lot must have a curbing radius of 10 m (32.8 ft) wher hey meet a street, must be defined by a curb of Portland Cement concrete and the lesigned to provide a neat appearance - vii. a driveway shall be located at least 3 m (9.8 ft) from the side lot line or rear lot line; - ill. for every six (6) olt-street vehicle parking spaces, one (1) bicycle parking space sha e provided in the form of a bike rack 14. such screening facility to be between 1.5 m (4.9 ft) and 2 m (6.6 ft) in height; - x. poles and fixtures for the exterior lighting of parking lots shall not exceed 3 m (9.8 t) in height and they shall be shielded and arranged downwards to meet section 4.2 of the By-law; and - xi. other than a parking space designed to meet the mobility requirements of the Barrierree Design Building Code Regulation - Building Code Administration Act, every of treet parking space shall meet the dimensional requirements outlined in Table 1.1 | Table 1.1 | go Degrees 45 Degrees Parrallel | |--------------------------|-----------------------------------------------------------| | Min. Width | 2.75 m (9 ft.; |2.75 m (9 ft.) | 2.75 m (9 ft.) | | Min, Length | 5.5 m (18 it.) 5.3 m (17,1 ft) |6 m (19.7 ft) | | Min. Parking Aisle Width | 16 m (19.7 ft) 3.5 m (11.5 ft) |5 m (19.7 ft) | | Min. Height Clearance | 12.2 m (7.2 ft; /2.2 m (7.2 ft) |2.2 m (7.2 f) | ## 4.11 Standards for Garbage Enclosures & Clothing Donation Bins - Except in the I and R-3 zones, if any area of the lot exterior to the main building is to be used or garbage storage consisting ot either compactors, large bins, or commercial dumpsters, sucl areas shall be located within a building or structure or fully screened by a surrounding fenci at least 2 m (6.56 ft) in height designed so as to be opaque and shall not be located within 6 m (19.7 ft) of a street or within 2 m (6.56 ft) of a dwelling unit 3. In the Urban Service Boundary, no clothing donation or other drop-off bin shall be located between a main building and the street, but may be located in a side or rear yard as an accessory use and shall be maintained in a neat appearance. 2. In the Urban Service Boundary, a permanent garbage storage enclosure for dwelling(s) shall not be located between the main building and the street, except where that structure complies with a By-law to Regulate the Collection and Disposal of Garbage and Other Material ## 4.12 Standards for Agricultural Uses, Livestock, or Backyard Hens - Where agricultural uses are permitted as main or secondary uses of a lot, they are subject to the following conditions: - Up to one (1) animal unit per 4,000 m?; or, - a. Agricultural uses with livestock may be conducted on a lot and may contain: - ii. A number of livestock as approved under the Livestock Operations Act - Where agricultural uses are developed adjacent to a lot in the R-1 or R-2 Zone, a naturali egetated or treed buffer of 5 m (16.4 ft) width is required at or near the entire share lot line or as mutually agreed-to by the relevant lot owners, in writing, at the time of the development permit application. - Any livestock facility shall be located more than 60 meters (196.9 ft) from any potable water source, natural watercourse, or an existing dwelling unit on an adjacent lot. - d. the relevant lot owners in-writing); and, - e. defined under the Agricultural Operations Practices Act. - a. A combined total of six (6) mature female chickens, female ducks, or equivalent smaller 2. In any zone, mature female chickens, turkeys, ducks, or equivalent smaller fowl may be kept as accessory uses of a lot, but are subject to the following conditions: - b. Any kept fowl require an enclosure and shall not be permitted to roam beyond lot line nd, within the Urban Service Boundary, the enclosure shall not be located in the fron * flankage vard and must be at least 10 m from any lot line - c. Vetecure caran lot line shall not be permitted to accumulate so as to creare odour ·. - d. Feed provided to the fowl shall be stored and distributed in a manner so as to not attract rodents (e.g. sealed containers, rodent-proof feeders). ## 4.13 Standards for All Resource Excavation Uses - A reso excation hale unseet the following minimum standards: - i within 30 m of a street or highway; and - within 30 m of any wetland or watercourse - ili. below the groundwater table, except subject to section 4.15. - 'À treed buffer of at least 15 m in width shall be maintained between the final perimeter of any excavation site and any public street or adjacent property; - b. The excavation site shall be of a minimum distance of 30 m from all lot lines, 7.5 m from power lines, and 150 m from any dwelling on any lot - d. A driveway access to the site shall have a barrier to control entry to the site; - All excavation sites shall have adequate signs warning people of any dangerous situatior associated with the operation, such as, but not limited to, blasting, steep slopes or oper holes; such signs shall be posted around the perimeter and any driveway access; - The excavation site shall not serve as a storage place or a dump for toxic materials, scrap iron, domestic wastes, construction residue or âny other material likely to be harmful to the environment; - f. All surface water shall either be contained within the site limits, or the resource excavation development shall require the necessary approval from the Department of Environment and Local Government; - h. Any driveway access within 100 m of an existing dwelling on another lot shall not be used for transporting excavated materials; and, - i. determines a need for an ATA. ## 4.14 Standards Specific to Gravel Pits - In addition to the requirements of section 4.13, a resource excavation use in the form of a gravel i and halt to his sedior end the follow peg minim am sal production: - No excavations involving any blasting of aggregate, or mining shall be permitted; and ## 4.15 Standards Specific to Quarries or Mines - In addition to the requirements of section 4.13, a resource excavation use in the form of i quarry, or an or an extractive industrial use, is subject to this section and the followin ninimum standards - b. vegetation from the edge of all slopes, and brightly coloured 1 m' warning signs placed a 20 meter intervals along the top length of that slope - C. shall comply with all applicable acts, permits and approvals as required, including but not limited to the: Mining Act, Air Quality Regulation - Clean Air Act, Environmental Impact Assessment Regulation, Water Quality Regulation - Clean Environment Act, Approval to Operate, Approval to Construct, Watercourse and Wetland Alteration Regulation, Water Well Regulation - Clean Water Act, Quarriable Substances Act, and the Species at Risk Act. - Except with the written consent from the owner of a lot with a dwelling, extractive of rocks al se orals, soul notcaka tion eve thin 60 the bladinglish an orprot. crushing, or processins ## 4.16 Standard for Campgrounds 1. Notwithstanding sections 5.2.1, 5.4.1, and 5.5.1, in the C-2, R-1, and R-2 Zone, where a lot is used for more than one (1) camp it shall be considered a campground and the development is subject to the following terms and conditions: 2. That the lot maintains a 20 m wide buffer along all lot lines shared with any adjacent lot 3. ). That the lot contains a main building with a dwelling unit; and - c. If nine (9) or more camps are developed, that a water supply assessment prepared by a professional geoscientist is provided to the Development Officer demonstrating adequate water supplies exist for the development. ## 4.17 Standards for Subdivisions in Low Intensity Zones - Subject to section 3.2.1 but notwithstanding anything else contained in this By-law, any lot, block, or other parcel of land, or portion thereof, that falls within the boundaries of the R-1, C-1, C-2 zones, or within the O-NH overlay zone, shall not be subdivided, except according to one of the following circumstances: - a. A lot, block, or other parcel of land was in existence prior to this By-law coming into effect, may be subdivided up to a maximum of three (3) lots subject to the minimum lot dimensions of the zone; or, - into separate lots that meet the minimum lot dimensions of the zone, subject to the following conditions: - conservation use or a parks and open space use; and, ## 4.18 Standards for Mini-home Parks or Bare-land Condominiums - In the C-2, R-1, and R-2 Zones, a lot may be developed as a residential cluster development, in the form of a bare-land condominium or residential land lease community, that consists of four (4) or more dwellings or mini-homes, respectively, subject to the following conditions: - If developed as a bare-land condominium, that it complies with all Provincial regulations and registration requirements under the Condominium Property Act; - d. - If developed as a residential land lease community, that it complies with all Provincial regulations and mini-home registration requirements under the Assessment Act; - municipality, as required; - That mination esse for is hot residen a duster devand ment indudy nichelander of dwelling units to be permicted; and, - That at least seventy-five percent (75%) of the cotal of the parcel of land is permanently set aside for a conservation use or a parks and open space use under a conservation easement inder the Conservation Easements Act, and in accordance with the principles ofresidentia cluster development; - Prior to approval of the development, evidence has been supplied to the development officer that a conservation easement pursuant to subsection 4.18(1)(f) has been registered in accordance with the Conservation Easements Act in the Provincial Land Registration ## 4.19 Standards for Advertising Signs - No sign shall be erected, operated, used or maintained which: - Due to its position, shape, colour, format or illumination obstructs the view of, or ma se confused with, an official traffic sign, signal or device, for any motorists or pedestrian. using a street; - Displays lights resembling the flashing lights usually associated with danger or those used by police, fire, ambulance and other emergency vehicles; - Extends or is located above buildings root or obstructs a fire escape, door, window or - d. Projects over or rests upon any part of the traveled portion of a public street, except where expressly permitted under this By-law; - Exceed a maximum height of 5 m (16 ft); and, - not exempt the owner of a non-conforming sign from the obligation for proper maintenance 4. In the R-2, R-3, U-3, and I Zones, an illuminated sign or point of purchase sign is permitted subject to section 4.2 andaccording to the following special standards to reduce light pollution: - A gigs shall be anchored and installed in a manner so chat it does nor become unsightly defective, or dangerous, and it shall be designed by an engineer if the supporting structure and the sign together weighs more than 75 kg (165 Ibs) or the height exceeds 3 m (9.8 ft). - Shall not have a total sign area exceeding 2 m' (21.5 ft'); - All light shining through a translucent or coloured material or signs using Light Emittin Diode (LED), shall not emit a blue-rich light with a colour temperature exceeding 300( Kelvins during any nighttime hours, evening to morning; - vindows but shall also be located below any second storey windows, if applicable 10. Norwithstanding sub-section 4.19(8), in the O-DT Zone, a wall sign shall be constructed of wood or long lasting synthetic products which simulates the properties and appearance of wood, and may be painted and routed, or may consist of laser-cut synthetic lettering on a wall 9. Notwithstanding sub-section 4.19(8), one (1) small wall sign with a total sign area less thar 0.5 m' (5.3 fl?), but potentially greater than 60 cm (2') tall, may be located on any part of main wall of building if no more than 12% of that total facade surface would be covered by signs 11. Where permitted, awning signs shall have their sign area confined to the hanging valance of an awning and that valance shall not longer than 30 cm (12"), and the awning shall not project more than 1/3'd into the traveled portion of a sidewalk nor hang lower than 2.5 m (8.2 ft) above the sidewalk's surface. 12. Where permitted, sandwich board signs shall not have a sign area exceeding 0.5 m' (5.4 ft?) of any one side of a board, and sandwich board signs are limited to one (1) sign per lot, and no sandwich board sign shall be permitted to obstruct pedestrian or vehicular traffic along publicly owned land such as a sidewalk, square, or within the street right-of-way. 13. Where permitted, window sions shall not have a sign area exceeding 10% of the total combined window or door surface area of the façade and shall only displayed on the ground  ## 4.20 Urban Standards for Permitted Encroachments - Any setbacks of this By-law with respect to the placing, erecting or altering of a building or structure in relation to a lot line apply to all parts of the building or structure except for: - Eaves, cornices, and steps that project not more than 0.61 m 2ft) into any setback; - Window or door awnings which project not more than 1.02 m (3.3 ft) into any setback; - b. Sills, leaders, belt courses and similar ornamental or structural features that project not more than 152.4 mm (6 in) into any setback; - d. Open or lattice-enclosed fire balconies or fire escapes which project not more than 1.02 m (3.3 ft) into any required setback; - Chimneys, smokestacks, or flues, which project not more than 0.457 m (1.5 ft) into any - Balconies of upper stories of buildings, provided they are not enclosed above the building's maximum height, which project not more than 1.83 m (6 ft) into a front yard or rear yard setback or not more than 1.22 m (4 ft) into a side yard setback; - g. h. Floors in the main building above the ground floor, which project not more than 1.8: n (6 ft) into a front yard or rear yard setback or not more than 1.22 m (4 ft) into a sid ardeichair ramps or lifting ramps into a ground foor may be locared in any required 2. Steps providing acess at the ground floor may be located in any front yard, rear yard or 3. yard setback; 4. facept in he 0-OT zene, exarior staircases providing access to any floor above the ground floor may be permitted between the façade of any building and the street line, except subject to such terms and conditions as the advisory committee considers necessary. 5. Subject to sub-section 4.11(1)(n), exterior staircases providing access to the basement or any floor above the ground floor, balconies, unenclosed porches, verandas, and sundecks, shall be permitted to project a maximum of 2 m (6.6 ft) into any required front yard, rear ## 4.21 Urban Standards for Fences 1. In the Urban Service Boundary, a fence may be erected up to 0.45 m (18") from alot line or up to 1.5 m (5') from any lot line shared with a street. 2. Votwithstandingsection 4.21(1), where a documented agreement exists between the applican and an abutting lot owner, a fence may be placed up to that abutting lot line 3. 3. 4. A fence located on any lot for any use in the O-DT zone shall be constructed of wood, wrought iron, brick, stone, or adequate facsimiles. 5. not exceed 1 m (3.3 ft) in height. 6. be eschished for a large 42l (a) in it se industrial use or putting ne mor exceeding 2.5 m (8.2 ft) in height. ## 4.22 Urban Standards for Lot Landscaping and Drainage Plans - ill comiciate or agend to soon gees or latis and, ## 4.23 Urban Standards for Higher Density & Institutional Residential - Where permitted in the Urban Service Boundary, a multi-unit dwelling with more than eight (8) dwelling units, or any residential care facility, or any rooming house, may be developed where the following standards are met: - At least one (1) main building entrance shall be orientated towards the front lot line and - ›e a covered entrance with weather protection, such as a portico or awning; and - Except for any north-facing walls, the façade(s) of the ground floor of the main building shall include a minimum of 18% coverage by transparent glazing. - i. be directly connected to any public sidewalk or street via a paved or dust-fre pedestrian walkway that does not traverse through a parking lot other than where necessary to cross a driveway access. - Any main building with a flat roof shall include a cornice. - A landscaped outdoor amenity space shall be provided with at least 56 m', plus an - The landscaped outdoor amenity space(s) shall not be located in a front or flankage yard but shall be fully enclosed by a minimum 2 m tall, opaque fence and gate, and include a waste bin and a cigarette disposal container located in compliance with the Smoke-free - A garbage enclosure shall be provided on the lot in accordance with section 4.l1 (1). - Any external lighting shall be shielded and directed downwards in accordance with - Notwithstanding anything contained in this By-law, a residential care facility or a rooming house shall not be developed in the in the U-1 Zone without an amendment to this By-law. - Notwithstanding anything contained in chis By-law, a residential care facility for more than ight (8) occupants, or a rooming house for more than eight (8) occupants, shall not br developed in the U-2 Zone without an amendment to this By-law ## 4.24 Urban Standards for Townhouse Developments - In the U-2 or U-3 Zone, a series of more than two (2) individual dwelling units, attached in a series, may be developed subject to the following standards: - Notwithstanding sub-section 4.24(1)(b), a garage opening may face the rear lot line; - Eight (8) dwelling units with the same approximate front lot line; - No series of attached dwelling units shall exceed: - ii. 68.68m (225 ft.) in continuous length; - Notwithstanding the minimum lot size, lot frontage, and side yard setback Zone standards ol sub-sections 5.82(1)(b) and 5.9.2(1)(b), the following lot standards apply one standardus | Minimum Lot Size | 180 sq. m. (1, 937.5 sq. ft.) | |----------------------------|-------------------------------------------------------| | Minimum Lot Frontage | 6m (19.7 ft.) per dwelling unit | | Minimum Required Side Yare | | 3 m (9.8 ft.); None where a common wall exists | - Where townhouse dwellings are developed as a condominium, the standards of sub-sectio 1.24(2) apply as if each dwelling unit in the townhouse condominium unit was on its own lo ## 4.25 Urban Standards for Vehicle Bodies - Within the Urban Service Boundary, a motor vehicle, boat, tractor trailer, recreational vehicles, tractor, machine, and any vehicle drawn, propelled or driven by any kind of power notwithstanding its wheels have been removed, shall not be used on a lot, without a main 3. Within he or bos child Within the Urban Service Boundary, a shipping container designed for commercial transport shall not be used or located on a lot as a building or accessory structure except in the Industrial Zone or with plans stamped by an architect for a medium-scale commercial use or a dwelling. - withing ex leban ervice out ya ractor trailer, recreational vehicle, tractor, construction equipment, or boat, shall not be located in the required front or flankage yard setback. ## 4.26 Urban Standards for Pre-fabricated Structures - Where permitted in the Urban Service Boundary, a mini-home may be placed on a lot as a dwelling if the mini-homes main entrance faces parallel to a lot line shared with any street, it the mini-home has been manufactured in the previous two (2) years, and if the mini-home is attached to a permanent foundation or is permanently anchored and skirted ## 4.27 Urban Standards for Industrial Zones - Any development within the Industrial (I) Zone in the Urban Service Boundary that may involve the emission of excessive noises or noxious odours, dust, fumes, and smoke, as part of the main use, other than an accessory use, transportation or loading activities, is a use subject to the following conditions: - uilding or structure that is ventilated with an exhaust system using a filtration mediur e.g. HÈPA) that can mitigate the exterior impact. - Notwithstanding sub-section 4.27(1)(a), any emission of noise, odours, dust, fumes, an moke may be permitted where it is required to obtain an approval under the Clean Ai - Any dudlings or rooming houses developed in the Induscrial Zone, shall nor be use except where they are incidental to another permitted main use, such as employer-provided housing. ## 5.O ZONES ## 5.1 High Priority Conservation Zone (C-1) ## 5.1.1 C-1 Zone Permitted Uses 1. Suite to eyes poition under serion the a on able regularion under he cle ## MAIN USES - a. One or more the following main uses: - i. conservation; - ii. public utility use; and, - iii. pre-existing use. ## SECONDARY USES - b. One or more of the following secondary uses where they are developed within an existing uilding containing a pre-existing use 2. . short-term rental: and - ii. home based business. ## ACCESSORY USES - c. One or more accessory uses, buildings, and structures. ## 5.1.2 C-1 Zone Standards - No development shall be undertaken nor shall any land, building or structure be used within the C-1 Zone unless the following standards are met: - b. The C-1 Zone standards as numbered on the diagram 'Figure 2. Site Requirements' are complied with; and, - a. The C-1 Zone standards as numbered on the diagram 'Figure 1. Main Building Height Requirements' are complied with; - c. The general provisions under section 4 are complied with. FIGURE 1. MAIN BUILDING HEIGHT REQUIREMENTS  ## FIGURE 2. SITE REQUIREMENTS  ## (C-2) 5.2 Low Priority Conservation Zone ## 5.2.1 C-2 Zone Permitted Uses - Subject to general provisions under section 4, and any applicable regulations under the Clear Vater Act, any land, building or structure in the C-2 Zone may be used for the purposes of ## MAIN USES - a. One or more of the following main uses: - i. camp; - ii. conservation; - iv. parks & open space use; and - iii. dwelling(s); 6. residential cluster development - a. In addition to main uses permitted under section 5.2.1(a), one or more of the following main uses with a combined gross floor area of less than 200 m': - ii. forestry use; and, - iii. small-scale commercial use. ## SECONDARY USES - b. One or more of the following secondary uses: - i. accessory dwelling unit - ii. short-term rental; and - iii. home based business. ## ACCESSORY USES - c. One or more accessory uses, buildings, and structures. ## 5.2.2 C-2 Zone Standards 1. No development shall be undertaken nor shall any land, building or structure be used within the C-2 Zone unless the following standards are met: - b. The C-2 Zone standards as numbered on the diagram 'Figure 4. Site Requirements' are complied with; and, 3. The C-2 Zone standards as numbered on the diagram 'Figure 3. Main Building Height Requirements' are complied with; - c. The general provisions under section 4 are complied with. ## FIGURE 3. MAIN BUILDING HEIGHT REQUIREMENTS  ## FIGURE 4. SITE REQUIREMENTS  ## 5.3 Industrial Zone (1) ## 5.3.1 I Zone Permitted Uses 1. Subject to general provisions under section 4, any land, building or structure in the I Zone may be used for the purposes of: ## MAIN USES - a. One or more of the following main uses: - ii. forestry; - i. agriculture; - iii. industrial; - iv. utility use; and, - v. resource excavation. ## SECONDARY USES - b. One or more of the following secondary uses: - ii. dwelling(s); and, - i. large-scale commercial use; - iii. institutionaluse. ## ACCESSORY USES - c. One or more accessory uses, buildings, and structures. ## 5.3.2 I Zone Standards - No development shall be undertaken nor shall any land, building or structure be used within the I Zone unless the following standards are met: - b. The I Zone standards as numbered on the diagram 'Figure 6. Site Requirements' are complied with; and, - The I Zone standards as numbered on the diagram Figure 5. Main Building Height Requirements' are complied with; - c. The general provisions under section 4 are complied with. ## FIGURE S. MAIN BUILDING HEIGHT REQUIREMENTS   ## 5.4 Low Intensity Rural Zone (R-1) ## 5.4.1 R-1 Zone Permitted Uses 1. Subject to general provisions under section 4, any land, building or structure in the R-l Zone may be used for the purposes of: ## MAIN USES - i. camp; - a. One or more of the following main uses: - ii. dwelling(s); - iv. residential cluster development. - iii. parks & open space; and, 6. ). In addition to main uses permitted under section 5.4.1(a), one or more of the followins nain uses with a combined gross floor area of less than 200 m - i. griculture - i. forestry; anc - iii. institutional use; and, - iv. small-scale commercial use. ## SECONDARY USES - c. One of the following secondary uses: - ii. home based business; and, - i. accessory dwelling unit; - iii. short-term rental. ## ACCESSORY USES - d. One or more accessory uses, buildings, and structures. ## 5.4.2 R-1 Zone Standards 1. No development shall be undertaken nor shall any land, building or structure be used within the R-1 Zone unless the following standards are met: - b. The R-1 Zone standards as numbered on the diagram 'Figure 8. Site Requirements' are complied with; and, - a. The R-1 Zone standards as numbered on the diagram 'Figure 7. Main Building Height Requirements' are complied with; - c. The general provisions under section 4 are complied with. ## FIGURE 7. MAIN BUILDING HEIGHT REQUIREMENTS   ## 5.5 Rural Settlement Zone (R-2) ## 5.5.1 R-2 Zone Permitted Uses 1. Subject to general provisions under section 4, any land, building or structure in the R-2 Zone may be used for the purposes of: ## MAIN USES - a. One or more of the following main uses: - i. camp; - ii. dwelling(s); - iii. institutional use; - iv. parks & open space; and - ii. forestry; and, - iii. large-scale commercial use. ## SECONDARY USES - One or more of the following secondary uses: - ii. bome based business; and, - accessory dwelling unit; - iii. short-term rental. ## ACCESSORY USES - d. One or more accessory uses, buildings, and structures. ## 5.5.2 R-2 Zone Standards 1. No development shall be undertaken nor shall any land, building or structure be used within the R-2 Zone unless the following standards are met: 2. The R-2 Zone standards as numbered on the diagram 'Figure 9. Main Building Height Requirements' are complied with; - b. The R-2 Zone standards as numbered on the diagram 'Figure 10. Site Requirements' are complied with; and, - C. The general provisions under section 4 are complied with. FIGURE 9. MAIN BUILDING HEIGHT REQUIREMENTS  ## FIGURE 10. SITE REQUIREMENTS  ## 5.6 Rural Resource Zone (R-3) ## 5.6.1 R-3 Zone Permitted Uses - !. Subject to general provisions under section 4, any land, building or structure in the R-3 Zone nay be used for the purposes of: ## MAIN USES - a. One or more of the following main uses: - ii. conservation; - i. agriculture; - iii. forestry; - v. resource excavation use, and, - iv. pre-existing use; - vi. utility use. ## SECONDARY USES - b. One or more of the following secondary uses: - ii. dweilling(s); - i. camp; - iii. institutional use; and, - iv. small-scale commercial use. ## ACCESSORY USES - c. One or more accessory uses, buildings, and structures. ## 5.6.2 R-3 Zone Standards 1. No development shall be undertaken nor shall any land, building or structure be used within the R-3 Zone unless the following standards are met: 2. The R-3 Zone standards as numbered on the diagram 'Figure 11. Main Building Height Requirements' are complied with; - c. The general provisions under section 4 are complied with. - b. The R-3 Zone standards as numbered on the diagram 'Figure 12. Site Requirements' are complied with; and, FIGURE 11. MAIN BUILDING HEIGHT REQUIREMENTS  ## FIGURE 12. SITE REQUIREMENTS  ## 5.7 Low Intensity Urban Settlement Zone (U-1) ## 5.7.1 U-1 Zone Permitted Uses - Subject to general provisions under section 4, any land, building or structure in the U-1 Zone may be used for the purposes of: ## MAIN USES - a. One of the following main uses: 2. iti. parks & open space use. - ii. dwelling(s); and ## SECONDARY USES - b. One of the following secondary uses: - i. accessory dwelling unit; and, - i. short-term rental. - c. In addition to secondary uses permitted under section 5.7.1 (b), one or more of the following secondary uses with a combined gross floor area of less than 200 m?: 5. institutional use; and, - ii. home based business. ## ACCESSORY USES - d. One or more accessory uses, buildings, and structures. ## 5.7.2 U-1 Zone Standards - No development shall be undertaken nor shall any land, building or structure be used within the U-1 Zone unless the following standards are met: - b. The U-1 Zone standards as numbered on the diagram "Figure 14. Site Requirements' are complied with; and, - The U-1 Zone standards as numbered on the diagram 'Figure 13. Main Building Height Requirements' are complied with; - c. The general provisions under section 4 are complied with. FIGURE 13. MAIN BUILDING HEIGHT REQUIREMENTS  ## FIGURE 14. SITE REQUIREMENTS   ## 5.8 Medium Intensity Urban Settlement Zone (U-2) ## 5.8.1 U-2 Zone Permitted Uses 1. Subject to general provisions under section 4, any land, building or structure in the U-2 Zone may be used for the purposes of: ## MAIN USES - i. dwelling(s); - a. One or more of the following main uses: - ii. institutional use; and, - iii. parks e open space use. - i. small-scale commercial use. - b. In addition to main uses permitted under section 5.8.1(1)(a), one of the following main uses with a combined gross floor area of less than 200 m': ## SECONDARY USES - C. One of the following secondary uses: - ii. short-term rental; and, - i. accessory dwelling unit; - iii. home based business. ## ACCESSORY USES - d. One or more accessory uses, buildings, and structures. ## 5.8.2 U-2 Zone Standards - No development shall be undertaken nor shall any land, building or structure be used within the U-2 Zone unless the following standards are met: - he U-2 Zone standards as numbered on the diagram F igure 15. Main Building Heigl Requirements are complied with; - b. The U-2 Zone standards as numbered on the diagram 'Figure 16. Site Requirements' are complied with; and, - c. The general provisions under section 4 are complied with. ## FIGURE 15. MAIN BUILDING HEIGHT REQUIREMENTS  ## FIGURE 16. SITE REQUIREMENTS iii. max. Lot size: 2500 sq. m iv. min. Lot size: 250 sq. m  ## 5.9 Higher Intensity Urban Settlement Zone (U-3) ## 5.9.1 U-3 Zone Permitted Uses - Subject to general provisions under section 4, any land, building or structure in the U-3 Lone nay be used for the purposes of: ## MAIN USES - a. One or more of the following main uses: 2. dwelling(s); - ii. institutional use; - iii. large-scale commercial use; and, - iv. parks e open space use. ## SECONDARY USES - b. One of the following secondary uses: - accessory dwelling unit 3. i short-term rental: and - iii. home based business. ## ACCESSORY USES - c. One or more accessory uses, buildings, and structures. ## 5.9.2 U-3 Zone Standards 1. No development shall be undertaken nor shall any land, building or structure be used within the U-3 Zone unless the following standards are met: - b. The U-3 Zone standards as numbered on the diagram 'Figure 18. Site Requirements' are complied with; and, 3. The U-3 Zone standards as numbered on the diagram "Figure 17. Main Building Height Requirements' are complied with; - c. The general provisions under section 4 are complied with. FIGURE 17. MAIN BUILDING HEIGHT REQUIREMENTS  ## FIGURE 18. SITE REQUIREMENTS   ## 5.10 Summary of Permitted Uses by Zone ## 5.10.1 Quick Reference Table 1. Subject to sections 5.1 through section 5.9 of this By-law, a development may be permitted in a zone subject to the general provisions of section 4.0 of this By-law and as shown on "Table 3.1 below:  eum Chocolate Musée Shocolat 60 SPECIAL ZONES ## 6.1 Integrated Development (ID) Zone ## 6.1.1 ID Zone Permitted Uses - No development shall be permitted nor shall any land, building or tructure be used on a lot within the ID Zone except in conformity wit l specific proposal adopted by Council pursuant to Section 58 and 59 o ## 6.1.2 ID Zone Standards - Notwithstanding any provision in this By-law, any land, building o tructure may be developed within the ID Zone in conformity wit specife trion of do unil. hosa doms did cordon may estamish FIGURE 19. Example of a specific development proposal that does not fit within any of the other zones. A developmen in the ID Zone requires a rezoning application but a proponent can propose unique zoning standards that the Counci can approve after a public hearing.  ## 6.2 Downtown Overlay (O-DT) Zone ## 6.2.1 O-DT Zone Provisions ## MAIN USES - i. dwelling(s); and, - a. One or more of the following main uses: - ii. medium-scale commercial use. 4. institutional use - b. In addition to main uses permitted under section 6.2.2(a), one or condions flayine applied by the the us cosubice o terms and ## 6.2.2 O-DT Zone Standards - met: - Requirements are complied with. ## FIGURE 20. BUILDING AND FAÇADE REQUIREMENTS - i. all windows on a façade are required to have transparent glazing and alterations to a façade shall include a min. 25% coverage of the façade's surface area by transparent glazing. - ii. min. building height: two (2) storeys or 9 m - ili. a building façade shall be constructed or altered using only traditional building materials. - iv. buildings with Aat roof lines are required to have cornices. - V. max. building height: 24 m, or 12.5 m if frontage is along the south side of Milltown Blvd - vi. buildings shall have ground floor façades covere‹ by a min. ot 35% transparent glazing and have least one (1) main entrance onto a sidewalk.  ## FIGURE 21. SITE REQUIREMENTS  ## 6.3 Natural Hazard Overlay (O-NH) Zone ## 6.3.1 O-NH Zone Provisions 1. The O-NH Zone, as delineated in Schedule B of this By-law, is intended to limit the development of intensive uses in areas subject to high risks related to sea level rise. 2. Notwithstandingany provision in this By-law except sub-section 6.3.1(3), development of a permanent new main building within the O-NH Zone is subject to the following condition: 3. rior to the issuance of a development approval, engineered plan hall be provided to the development officer which ensure that th all electrical, mechanical, and projected sea level rise. 4. located within: - a. accessory structures under 55 square meters (592 sq. ft.) in gross floor area not designed for overnight accommodation; - h. accessory use(s) ofland; 7. alteration, repairs, change of use, to existing buildings or structures that do not increase the gross floor area, such as, but not limited to, new exterior wheelchair ramps, stairs, decks, and stairwells; 8. conservation use; 9. green shore protection works; 10. -ore protection once ae do not hang helen dar xisting ground b 1 m (3.28 ft); 11. parks to open space use; - h. utility use, with the exception of electrical substations, municipal water facilities, and wastewater lagoons. ## 6.4 Special Institutional Use Overlay (O-SIU) Zone ## 6.4.1 O-SIU Zone Provisions ## MAIN USES - a. One or more of the following main uses: - ii. institutional use. - i. emergency shelter; and 4. Pursuant to section 6.4.1(2) of this By-law, the development of an 5. thareshall sat people present pelpines hahe us opares - C. a 10 m wide treed buffer shall be established or maintained to provide spare, parting of al screenir metty space that it dege doped or ## ZONING MAPS Free Parking Doi Offstreet Lot 2 Public Boat Access ## SCHEDULE A  ## SCHEDULE A (zoomed-in)  ## SCHEDULE B  ## SCHEDULE C  ## SCHEDULE D  Downtown Overlay (O-DT) Zone ## SCHEDULE E