By-Law No. 244 — Town of Sackville Zoning By-Law (Consolidated, posted on Tantramar site)
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ZONING BY-LAW
BY-LAW NO. 244
BY-LAW TO ADOPT A ZONING BY-LAW
BY-LAW NO. 244
Under the Authority vested in by Section 34 of the Community Planning Act, the
Municipal Council of the TOWN OF SACKVILLE enacts as follows:
1. This By-law may be cited as the "Town of Sackville Zoning By-law";
2. The document entitled "Town of Sackville Zoning By-law" attached hereto is
adopted;
3. By-law No. 212 entitled "Town of Sackville Zoning By-law", enacted on the 9th
day of November, 2009, is repealed together with all amendments.
Read a first time this 14th
day of December
, 2015.
Read a second time this 11th
day of January
, 2016.
Read a third time and passed this 11th
day of January
, 2016.
Mayor
Clerk
SOLEMN DECLARATION
TOWN OF SACKVILLE ZONING BY-LAW NO. 244
I, Donna Beal, of the Town of Sackville, in the County of Westmorland and the
Province of New Brunswick, Clerk, DO SOLEMNLY DECLARE;
1. THAT I am the Clerk of the Town of Sackville, a Municipal Corporation, and
have personal knowledge of the facts herein declared;
2. THAT the requirements of Sections 66 and 68 of the Community Planning Act
have been complied with in respect to By-law No 244, a Bylaw to Adopt the
Zoning By-law, which was passed by the common Council of the Town of
Sackville on January 11, 2016;
AND, I make this solemn declaration conscientiously believing it to be true, and
knowing that it is of the same force and effect as if made under oath and by virtue
of the Evidence Act.
Declared before me at the
)
Town of Sackville, County of
)
Westmoreland and Province of
)
New Brunswick, this day
)
of , A.D., 2016.
)
Clerk
Commissioner of Oaths
PART 1: TITLE AND DEFINITIONS
1
1.1 Definitions
1
PART 2: ADMINISTRATION
13
2.1
Purpose
13
2.2
Scope
13
2.3
Powers of the Council
14
2.4
Special Powers of the Planning Review and Adjustment Committeee
15
2.5
Amendments
15
2.6
Building Permit - Excavation Quarries and Top Soil Removal
16
2.7
Conversion
16
PART 3: GENERAL PROVISIONS FOR ALL ZONES
17
3.1
Frontage on Street
17
3.2
Height Restrictions
17
3.4
Uses
17
3.5
Multiple Uses
19
3.6
Temporary Construction Uses
19
3.7
One Dwelling Per Lot
19
3.8
Special Uses
19
3.9
Existing Conditions
20
3.10
Conformity With Existing Front Yards
21
3.11
Permitted Encroachments
21
3.12
Parking
22
3.13
Floodplain Development
25
3.14
Zone Boundaries
26
3.15
Development Near A Water Course or Lake
26
3.16
Fences
26
3.17
Landscaping and Drainage
27
3.18
Home Occupations
27
3.19
Environmental Standards for Home Occupations
28
3.20
Enclosure for Swimming Pools
28
3.21
Structure To Be Moved
30
3.22
Illumination
30
3.23
Corner Sight Line
31
3.24
Conversion of Certain Types of Residences to Apartments
31
3.25
Signs
31
3.26
Detached Dwelling Units
38
3.27
Wind Energy Systems
38
3.28
Residential Density and Infilling
39
3.29
Extraction of Aggregates
40
3.30
Downtown Business District
42
3.31
Proximity to Rail Lines (By-law No. 244-B)
43
PART 4: ZONE CLASSIFICATION
44
PART 5: MIXED USE ZONE: MU
45
5.1
Uses
45
5.2
Zone Requirements
47
5.3
Lot Occupancy
47
PART 6: HIGHWAY COMMERCIAL ZONE: HC
48
6.1
Uses
48
6.2
Zoning Requirements
50
6.3
Tracfic Impact Study
50
PART 7: NEIGHBOURHOOD COMMERCIAL ZONE: NC
51
7.1
Uses
51
7.2
Zone Requirements
51
PART 8: RESIDENTIAL HISTORIC COMMERCIAL ZONE: RHC
52
8.1
Uses
52
8.2
Zone Requirements
53
PART 9: URBAN RESIDENTIAL ZONE: R1
54
9.1
Uses
54
9.2
Zone Requirements
55
PART 10: URBAN RESIDENTIAL 2 ZONE: R2
56
10.1
Uses
56
10.2
Zone Requirements
57
PART 11: URBAN RESIDENTIAL 3 ZONE: R3
58
11.1
Uses
58
11.2
Zone Requirements
60
PART 12: RURAL RESIDENTIAL ZONE: RR
61
12.1
Uses
61
12.2
Zone Requirements
62
PART 13: MOBILE / MINI HOME RESIDENTIAL ZONE: MH
63
13.1
Uses
63
13.2
Zoning Requirements
64
PART 14: INSTITUTIONAL ZONE: I
66
14.1
Uses
66
14.2
Zoning Requirements
67
PART 15: INDUSTRIAL/BUSINESS PARK ZONE: IND
68
15.1
Permitted Uses
68
15.2
Zoning Requirements
69
15.3
Accessory Buildings and Structures
70
PART 16: AGRICULTURE/CONSERVATION ZONE: A/C
71
16.1
Uses
71
16.2
Zoning Requirements
72
16.3
Watershed Management
72
16.4
Wellfield Protection
73
PART 17: INTENSIVE RESOURCE ZONE: IR (By-law No. 244-J)
74
17.1
Uses
74
17.2
Zoning Requirements
74
Figure 1 - Town of Sackville Zoning Map
Figure 2 - Town of Sackville Hydrographic Map
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Town of Sackville
Zoning By-law No. 244
PART 1: TITLE AND DEFINITIONS
This By-law may be cited as the "Town of Sackville Zoning By-law".
1.1
Definitions
In this By-law all words shall have the meaning or meanings which are assigned
to them in accepted English dictionaries except for the words which are defined
as follows:
ABATTOIR, means the use of land, building or structure thereof in which
animals are slaughtered;
ABUT, means where properties or lots share a common lot line or a common point
along a lot line;
ACT, means the Community Planning Act;
AGRICULTURAL USE, means general farming and, without limiting the
generality of the foregoing, shall include uses such as the general cultivation of
land and associated production, conditioning, processing and storing of field
crops, vegetables, fruit, nursery stock, pasturing of livestock and the selling
of such produce on the premises and includes a farm dwelling, accessory
buildings and uses. Such uses do not include a cannery, abattoir or the raising
of fur bearing animals. Existing agricultural operations are permitted in all zones;
(By-law 244-H)
ALTER, means to make any change, structural or otherwise, in a building or
structure which is not for purposes of maintenance only;
BOUTIQUE, means a small retail shop that specializes certain products
(for example, wine, gifts, clothing, or food);
BUFFER, means a spatial separation or setback between a defined use and a
property line;
BUILDING, means a type of structure, whether permanent or temporary which
is roofed and which is used for shelter or accommodation of persons, animals,
materials or equipment;
A
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Town of Sackville
Zoning By-law No. 244
BUILDING, ACCESSORY, means a detached subordinate building, not used
for human habitation, except where permitted in this By-law, located on the same
lot as the main building, structure or use to which it is accessory, the use of which is
naturally or customarily incidental and complementary to the main use of the land,
building or structure;
BUILDING, MAIN, means a building in which the main or principal use of the lot
is conducted;
BUILDING INSPECTOR, means a person appointed by Council under Section
Six of the Building Regulation - Community Planning Act of New Brunswick;
COUNCIL, means the Council for the Town of Sackville;
COMMERCIAL, LIMITED, means business enterprises that require
minimal parking, and can exist within the existing building such as: bed and
breakfasts, studios, antique shops, boutiques, and professional offices.
COMMERCIAL VEHICLE, means any vehicle that is licensed as a commercial
carrier as determined by the Register of Motor Vehicles;
COMMITTEE, means the Planning Review and Adjustment Committee;
DAY CARE CENTRE, means a centre that provides early learning and
care for children from infancy to school aged, including after-school
programs that is licensed under the New Brunswick Day Care Centre Act.
DEVELOPMENT, means:
(a)
the erecting, placing, relocating, removing, demolishing, altering,
repairing or replacing of a building or structure other than utility
poles and wires, traffic control devices, pipelines defined in the
Pipeline Act, 2005 except for buildings and structures remote from
the pipeline used for management and administration or housing or
storing of movable equipment or statutory notices,
(b)
where the purposes for which land, buildings and structures may
be used are set out in a regional plan, municipal plan, rural plan,
basic planning statement, development scheme, urban renewal
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Town of Sackville
Zoning By-law No. 244
scheme, zoning by-law or regulation, any change in the purpose
for which any land, building or structure is used,
(c)
any excavation of sand, gravel, clay, shale, limestone or other
deposit for a development mentioned in paragraph (a) or for
purposes of the sale or other commercial use of the material
excavated, or
(d)
the making of land by cutting or filling to a depth in excess of one
meter except in the case of laying pipelines defined in the Pipeline
Act, 2005;
DRIVE THRU RESTAURANT, means an access route adjacent to an
establishment that is designed for vehicles to travel and enable customersto order
and obtain food and/or beverage services while in their vehicle; (By-law 244-P)
DWELLING, means a building containing one or more dwelling units and does
not include a mobile home/mini home or motor home, travel trailer or recreational
vehicle designed for seasonal and non-permanent occupation;
DWELLING, DETACHED, means a free-standing residential building, commonly
called a single dwelling unit.
DWELLING UNIT, means one or more rooms used or intended for use by one
or more individuals living as a single housekeeping unit, with a separate kitchen
and sanitary facilities provided for the exclusive use of such individuals, and with a
maximum of 40% of the dwelling floor area being dedicated to sleeping.
DWELLING UNIT, ACCESSORY, means a secondary self-contained dwelling
unit with a maximum of two bedrooms, that is either added to or contained within
the structure of a detached dwelling unit, provided that it shall not exceed 25% of
the main dwellings gross floor area, and the entrance must be on the side or rear of
the structure.
DWELLING, VERTICALLY ATTACHED, means a building consisting of two
to six dwelling units which are vertically attached by one or more common wall(s)
and which the property may be subdivided, with each unit having independent
entrances to a front and rear yard. Each unit shall be serviced by independent
municipal sewer and water connections.
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Town of Sackville
Zoning By-law No. 244
ECOTOURISM, means an activity consisting of visiting natural
environments to learn about and understand nature. Development
for ecotourism initiatives may include, but shall not be limited to, trails,
bridges, fences and interpretation centers.
ERECT, means to construct, build, assemble or relocate a building or structure,
and includes any physical operations preparatory thereto;
FLOOD PROOFING, means that floodwaters of the described specified
level or elevation are prevented from entering a structure by the placing
of fill, or elevation of the structure, or having the sills of all doors above the
specified level;
FRONTAGE, means the distance between the intersection of the side lot lines
and measured from the front yard setback.
FORESTRY, means commercial silviculture and the production of timber or pulp;
HARD SURFACE, means any surface on a lot that is impervious to water
and shall include buildings, asphalt paving, concrete paving, brick paving,
compacted granular surfaces, and any surface intended for the purpose
of parking vehicles.
HEIGHT, means the vertical distance on a building between the established
grade and the highest point of the roof surface or the parapet, whichever is greater,
but shall not include any construction used as an ornament or for the mechanical
use of the building, chimney tower, steeple, solar collectors, antennae or satellite
receiving dish;
HOME OCCUPATION, means a business activity carried on within a residence
or accessory building of the owner or operator of the business. Without limiting the
generality of the foregoing, a home occupation may include: office use, personal
service shop, craft workshop, the repair of household appliances, catering, small
engine repair, daycare centre with a maximum of 6 children, an establishment
teaching arts. Home occupations do not include the sale, rental, or repair of
automobiles or recreational vehicles. But:
a)
shall be secondary to the use of the dwelling unit as a private residence;
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Town of Sackville
Zoning By-law No. 244
b)
shall be no change to the outside appearance of the building or premises,
or other visible evidence of the conduct of such home occupation other
than one sign erected in accordance with this By-law;
c)
shall not create or become a public nuisance with respect to noise, traffic,
or parking;
d)
shall have no person other than members residing in the dwelling unit
residence plus one employee engaged in such occupation.
HOMES, BED AND BREAKFAST, means part of a dwelling where the resident
owner or resident provides accommodations with or without meals to the traveling
public for financial remuneration;
HOUSE, BOARDING, means a dwelling in which the proprietor resides in
the house and supplies room and board for monetary gain which consists of 6
bedrooms or more exclusive of the owner of the building.
HOUSEHOLD PET, means a domestic animal customarily kept within a dwelling
or in an outside pen or accessory building for the sole purpose of pleasure rather
than utility, and includes dogs, cats and rabbits, rodents and small birds and other
animals, but excludes cattle, sheep, horses, pigs, poultry, bees, goats and other
animals normally raised on farms and exotic animals normally kept in zoos including
snakes, lions and llamas;
INDUSTRIAL USE, means the use of land, building or structure designed
for the purpose of manufacturing, assembling, preparing, inspecting,
ornamenting, finishing, treating, altering, repairing, warehousing or storing
or adapting for sale any goods, substance or article and the storage of building
equipment materials;
INN, means a dwelling that provides accommodations for financial remuneration,
shall have a dining facility and which shall include residential accommodation for
the owner or caretaker;
INSTITUTION, means land, building, structure or part of a structure used by any
organization, group, or association for the promotion of charitable, educational or
benevolent purpose and not for profit or gain;
I
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Town of Sackville
Zoning By-law No. 244
LOT, means any parcel of land which is contained as a separate lot
description in a deed of land or as shown as an approved lot on an
approved plan of subdivision filed in the Registry of Deeds;
MICRO-CULTIVATION, means the small-scale growing of cannabis
plants and harvesting material from those plants, as well as associated
activities to a maximum cultivation area as permitted under federal
regulation. (By-law 244-H)
MOBILE/MINI HOME, means a dwelling unit having a width of 5.5 m (18 ft.)
or less, that is built on-site or manufactured in a factory with the wood floor system
being an integral part of the structural integrity by way of design, and designed to
be transported to a home site on a flatbed or steel frame. This definition does not
include sectional homes transported in two or more sections and assembled on site;
MOBILE/MINI HOME PARK, means a parcel of land under single ownership
which has been planned and improved for the placement for mobile/mini homes
for non- transient use with a minimum of 10 mobile/mini home lots.
MOBILE/MINI HOME SUBDIVISION, means a parcel of land which has been
planned and improved for the placement for mobile/mini homes, but subdivided
into separate parcels for the purpose of locating individual mobile/mini homes on
each individual parcel, with a minimum of 10 lots.
OPEN STORAGE, means storage not in a building or covered area
and includes materials covered by a canvas, plastic or any other type of
covering material;
PUBLIC UTILITY, means any building, structure, plant or equipment
essential to the provision and operation of electricity, water, sewage disposal,
telephone service, telegraph service, pipeline, railway, telecommunications
or cable television;
RECYCLING DEPOT, means a building, structure or land for the deposit,
storage, compacting, baling, and transportation of recyclable materials
limited to paper, cardboard, glass, metal cans and plastic;
RECREATION, means where entertainment is offered such as motion pictures
or theater, public hall, billiard or pool rooms, electronic games, bowling alley, ice/
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Town of Sackville
Zoning By-law No. 244
roller skating, roller blades, sports fields, playgrounds and all other similar places of
amusement;
RESTAURANT, means a building where food is prepared and served for public
consumption within the building or as takeout but does not include a drive-thru
restaurant;
SERVICE INDUSTRY, means a use whose primary function is to provide
products and services, and without limiting the generality of the forgoing,
may include an engine and body repair shop, a printing business, a laundry
or cleaning business, a wholesale bakery, professional trades, and similar uses;
SERVICE SHOP, PERSONAL, means a building or part of a building where
persons are employed in furnishing services and otherwise administrating to the
individual needs of persons including establishments such as barber shops, shoe
repair, the sale or repair of household articles or small motor repair and may include
radio, television, computers, and appliance repair shops, plumbing, electrical
establishments and other similar uses but does not include industrial manufacturing
or motor vehicle repair shops;
SETBACK, INNER LOT, means the distance permitted between the attached
side walls of a vertically attached dwelling.
SETBACK, OUTER LOT, means the distance permitted between the side yard
line and the detached side wall of a vertically attached dwelling.
SHOPPING CENTER, means land, planned and controlled as a unit, containing
such retail stores, service shops and other establishments as permitted by this
By-law, in a building or buildings;
SIGN, means any structure, device, light or natural object including the ground
itself, or any part thereof or any device attached thereto, or painted or represented
thereon, which shall be used to identify, advertise, or attract attention to any
object, product, place, activity, enterprise, organization, industry or business, or
which shall display or include any device or representation intended to be seen
from off the premises or from a parking lot;
SIGN AREA, means the area of the smallest triangle, rectangle, circle or semicircle
which can wholly enclose the surface area of the sign. Only one side of a multi-
faced sign shall be used to determine sign area. The sign area of individual letters
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Town of Sackville
Zoning By-law No. 244
or figures, which are attached or painted on a surface, shall be the smallest
triangle, rectangle, circle or semicircle, which can wholly enclose all of the letters,
numbers or insignia.
SIGN HEIGHT, means the distance from ground level to the highest part of the
sign, including the sign structure.
SIGN TYPES:
Banner sign, means a sign made of lightweight material such as cloth,
paper or flexible plastic and is not enclosed in a rigid frame. Banner signs
are often used as temporary signs to announce grand openings, open
houses or to make some other special announcement. Banner signs are
used to give the impression of something new or exciting happening.
Canopy Sign, means a sign painted, stamped, perforated, stitched or
otherwise applied on the valance of an awning.
Construction Sign, means a sign erected on the premises on which
construction is taking place, during the period of such construction,
indicating the names of the architects, engineers, landscape architects,
contractors or similar artisans, and the owners, financial supporters, sponsors
and similar individuals or firms having a role or interest with respect to the
structure or project.
Directional Sign, means a sign which regulates or denotes the distance,
function, and/or direction to the various parts of a building, structure, or
premises including parking and traffic areas.
Free Standing Sign, means a sign supported by one or more upright poles,
columns, or braces placed in or on the ground and not attached to any
building or structure.
General Advertising Sign, means a sign which displays the names of a
shopping center, group of buildings, or a listing of the names of these businesses.
Home Occupation Sign, means a sign containing limited information
including the name, occupation and phone number of a permitted home
occupation.
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Town of Sackville
Zoning By-law No. 244
Identification Sign, means a sign which contains no advertising but is
limited to the name, address, civic address or name of a building, institution
or occupants of the premises.
Legally Non-Conforming Signs, means a non-conforming sign, which
lawfully exists at the time of the adoption of this By-law.
Memorial Sign, means a sign, tablet, flag, pennant, or plaque
memorializing a person, event, structure, or site.
Obsolete Sign, means a sign, which advertises a product, or service, which
is no longer sold or located on the premises.
Off-Premises Sign, means a sign that advertises goods, products, sources
or facilities or directs a person(s) to a different location from where the sign
is installed or erected.
Political Sign, means a sign announcing or supporting political candidates
or issues in connection with any national, provincial or local election.
Portable Sign, means any sign designed to be transported from one
display location to another, including but not limited to:
a)
signs designed to be transported by trailer or wheels,
b)
signs with chassis or support constructed without wheels,
c)
signs with wheels removed, and
d)
shall include any sign, which has been attached temporarily to the
ground by more than two uprights.
Projecting Sign, means any sign that is wholly or partly dependent upon a
building for support and projects from the wall or face of a building or structure.
Real Estate Sign, means a sign located on a lot that advertises the sale,
rental or lease of the premises or lot on which it is displayed.
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Town of Sackville
Zoning By-law No. 244
Roof Sign, means any sign that is painted or applied in any way to a roof,
or any sign which is attached to a roof or which is attached to the side of a
building and extends above the roof.
Sandwich Sign, means a two sided "A" frame style self-supporting sign
which is not permanently affixed to the ground and designed to be
movable.
Temporary Sign, means a sign, otherwise not permitted by this by-law,
which is not permanently installed in the ground or permanently affixed to
any structure, and not to exceed one (1) sign per calendar year.
Wall Sign, means a sign painted on the outside of a building, or attached
to, and erected parallel to the face of a building and supported throughout
its length by such building but not be painted upon or covering a fence
or roof.
SMALL ENGINE REPAIR, means is an occupation that involves the
maintenance and repair of low-power internal combustion engines (gasoline/
petrol) or electric engines. Equipment repaired includes uses such as, but not
limited to, chain saws, trimmers, leaf blowers, snow blowers, lawn mowers, wood
chippers, snowmobiles, all-terrain vehicles and motorcycles but does not include
automobiles/passenger vehicles.
SPECIAL CARE HOMES, means a building or place or part of a building in
which accommodation and nursing, supervisory and/or personal care is provided,
or is made available for more than three persons with social health, legal,
emotional, mental or physical disabilities or problems, and includes such facilities
as are licensed by the Homes for Special Care Act, the Children's Service Act, or by
any other provincial legislation, but does not include any public or private hospital
or sanitarium, or a jail, prison or reformatory, or a hostel;
STANDARD CULTIVATION, means the large-scale growing of cannabis plants
and harvesting material from those plants, as well as associated activities.
(By-law 244-H)
STOREY, means that portion of a building included between the surface of any
floor and the surface of the floor, ceiling or roof structure next above it;
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Town of Sackville
Zoning By-law No. 244
STREET LINE, means the common line between a street and a lot;
STRUCTURE, means a combination of materials which forms a construction that
is intended to be safe and stable, but does not include:
a)
a building, or
b)
a power or telephone pole.
SWIMMING POOL, means a tank or body of water, other than an existing natural
body of water or stream, either above or below ground, which has a depth greater
than 91 cm. (36 in.) intended to be used for diving, swimming, or wading;
TOWN, means the municipality of the Town of Sackville;
USE, means the purpose for which any land, building or structure is utilized,
occupied, maintained or leased;
UTILITY, means any agency, which under public franchise or ownership or under
certificate of convenience provides the public with electricity, gas, heat, steam,
communication, telephone, rail transportation, water or sewage or other similar
services;
USE, ACCESSORY, means a use, other than human habitation of land or a
building or structure which is naturally or customarily incidental and complementary
to the main use of land, building or structure which is located on the same lot of the
main use and which is not a secondary use;
USE, SECONDARY, means a use, other than a main or accessory use;
WIDTH, means the minimum straight line distance between the
intersections of the side lot lines at the front yard setback line.
WIND TURBINE, means a machine for producing power by a flow of air.
WIND FARM, means a group of wind turbines which has a power generation
capacity greater than 3 MW.
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Town of Sackville
Zoning By-law No. 244
WIND TURBINE HEIGHT, means the height above grade to the tip of the
rotor blade at its highest point.
WIND TURBINE, SMALL SCALE, means a wind turbine which has a power
generation capacity of no greater than 100kW.
YARD, means that part of a lot required to be unoccupied by buildings or
structures;
YARD, FLANKAGE, means the side yard of a corner lot, which side yard abuts
a street.
YARD, FRONT, means the yard extending across the full width of the lot between
the street line and the nearest main wall of any building or structure and minimum
front yard means the minimum depth allowed by this by-law of a front yard on a
lot between the front lot line and the nearest main wall of any main building or
structure on the lot;
YARD, REAR, means the yard extending across the full width of the lot between
the rear lot line and the nearest main wall of any building or structure and minimum
rear yard means the minimum depth allowed by this by-law of a rear yard on a
lot between the rear lot line and the nearest main wall of any main building or
structure on the lot;
YARD, SIDE, means the yard extending from the front yard to the rear yard on
either side, between a side lot line and the nearest main wall of any building or
structure and minimum side yard means the minimum depth allowed by this by-law
of a side yard on a lot between the side lot line and the nearest main wall of any
main building or structure on the lot.
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Town of Sackville
Zoning By-law No. 244
PART 2: ADMINISTRATION
2.1
Purpose
The purpose of this By-law enacted under the provision of Section 34 of the
Community Planning Act is to prohibit, regulate and control the use and
development of lands and buildings within the Town of Sackville to facilitate the
orderly and economic development of land in accordance with the policies set
forward in the Municipal Plan for Sackville and includes the following:
a)
Divides the Municipality into zones as delineated on Figure 1 entitled the
"Town of Sackville Zoning Map";
b)
Prescribes, subject to powers reserved in the Planning Review and
Adjustment Committee:
i)
The purposes for which land, buildings and structures in any zones
may be used; and
ii)
Standards to which land use, and the placement, erection, alteration
and use of buildings and structures must conform;
c)
Prohibits the use, placement, erection or alteration of land, buildings
or structures other than in conformity with the purposes and standards
mentioned in Subsection (b).
2.2
Scope
a)
No person shall undertake a development without having obtained a
development permit and no development permit shall be issued unless the
proposed development conforms to this By-law.
b)
Failure to comply with Subsection a) may result in the development permit
being revoked.
c)
No buildings or structure shall be erected, or altered (including demolition),
nor the use of any building, structure or lot be changed unless a development
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Town of Sackville
Zoning By-law No. 244
and building permit has been issued and no development and building
permit shall be issued unless all the provisions of this By-law are satisfied.
d)
Nothing in this By-law shall exempt any person from complying with the
requirements of the National Building Code, Building By-law, Subdivision By-
law, or any other by-law in force within the Town or to obtain any license,
permission, permit, authority or approval required by this or any other by-
law of the Municipality, or other lawful authority.
e)
Where the provisions of this By-law conflict with those of any other municipal
or provincial regulations, by-laws or codes including regulations pertaining
to onsite sewage disposal systems, the higher or more stringent requirements
shall prevail.
f)
Where there is a conflict between a Municipal Plan and a Zoning or
Subdivision By-law, the Municipal Plan shall prevail.
2.3
Powers of the Council
a)
No building may be erected in the Municipality where, in the opinion of the
Council, satisfactory arrangements have not been made for the supply of
electrical power, water, sewerage, streets and other services and facilities.
b)
Where, in its opinion, a building or structure is dilapidated, dangerous or
unsightly, the Council may:
i)
Require the improvement, removal or demolition of such building or
structure at the expense of the owner; or
ii)
Acquire the parcel of land on which such building or structure is
located.
c)
Subject to Subsection 2.2 (a) and (c), the Council may, within any zone:
i)
Designate the land to be used for the location or erection of any
utility installation including, but not limited to, the supply of electricity,
telephone, water, television, sanitary and storm drainage, and the
disposal of sanitary wastes; and
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Town of Sackville
Zoning By-law No. 244
ii)
Use the land so designated for a purpose mentioned in Subsection (a).
d)
No land may be designated or used for the purposes mentioned in
Subsection (c) unless,
i)
Such land is essential to the operation of the service concerned; and
ii)
Any development thereon in a residential zone is adequately buffered
from public view.
2.4
Special Powers of the Planning Review and Adjustment Committee
a)
No building or structure may be placed, erected or altered on any site where
it would otherwise be permitted under this By-law when, in the opinion of
the Planning Review and Adjustment Committee, the site is marshy, subject
to flooding, excessively steep or otherwise unsuitable by virtue of its soil or
topography.
b)
The Planning Review and Adjustment Committee may, subject to such
terms and conditions as it considers fit:
i)
Authorize, for a temporary period not exceeding one year, a
development otherwise prohibited by this By-law; and
ii)
Require the termination or removal of a development authorized
under this Subsection i) at the end of the authorized period.
2.5
Amendments
a)
A person who seeks to have this By-law amended shall:
i)
Address a written and signed application form to the Southeast
Regional Service Commission; and
ii)
Pay a fee to the Southeast Regional Service Commission, a fee of $1500.
b)
An application under this Section shall include such information as may be
required by the Southeast Regional Service Commission for the purposes of
adequately assessing the desirability of the proposal.
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Zoning By-law No. 244
c)
Before giving its views to the Council with respect to an application under
this Section, the Planning Review and Adjustment Committee may carry
out such investigations as it deems necessary.
d)
Unless, upon the advice of the Planning Review and Adjustment Committee,
the Council is of the opinion there is valid new evidence or a change in
conditions, where an application under this Section has been refused by
the Council, no further application may be considered by the Council for
one year.
2.6
Building Permit -Excavation Quarries and Top Soil Removal
No commercial excavation, quarrying or stripping of topsoil may be undertaken
or continued unless a development permit has been issued by the Development
Officer in a form with such regulations as prescribed by this By-law.
2.7
Conversion
Where both the metric and imperial measurements have been used for
convenience purposes the lowest measurement shall prevail.
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Zoning By-law No. 244
PART 3: GENERAL PROVISIONS FOR ALL ZONES
3.1
Frontage on Street
a)
No building permit shall be issued unless the lot intended for development
fronts on a publicly owned and maintained street, unless otherwise
specifically provided for in a particular zone or such other access as
approved by the Planning Review and Adjustment Committee. This
provision does not apply to public or private utility facilities where a
maximum of one access shall be provided to the lot, the access having a
minimum width of 7.6 metres (25 ft).
b)
Frontage is determined based on the required front yard setback for
that zone.
3.2
Height Restrictions
The maximum height of buildings and structures provided for in a particular zone
in this By-law, unless otherwise indicated, shall not apply to church spires, water
tanks, elevator enclosures, silos, flagpoles, television, telephone or radio antennae,
ventilators, chimneys, cornices, utility poles/structures, clock towers, or wind
turbines.
3.3
Vehicle Bodies and Commercial Vehicles
No automobile, truck, bus or coach shall be used for habitation by humans or ani
mals, or as an accessory structure, within the Town of Sackville.
3.4
Uses
a)
Permitted Uses
If a use is not listed as a permitted or accessory use in a particular zone, it is
hereby deemed to be a prohibited use in that zone, unless deemed a similar
or compatible use by the Planning Review and Adjustment Committee.
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Zoning By-law No. 244
b)
Accessory Uses
Where this By-law provides that any land may be used, or that a building or
structure may be erected or used for a purpose, the purpose is deemed to
include any use accessory or ancillary thereto, subject to the requirements
of that zone.
c)
Public Utilities
Public utilities may be permitted in any zone as of right. Telecommunication
equipment shall be reviewed by the Canadian Radiocommunications
Information and Notification Services (CRINS) process to ensure compliance
with all necessary consultation processes.
d)
Accessory Buildings
Accessory buildings shall be permitted in any zone but shall not:
i)
Be used for human habitation except where a dwelling is a permitted
accessory use;
ii)
Be built closer to the front yard or flankage yard than the minimum
distance required by this By-law for the main building of the lot;
iii)
Be located within 1.2 metres (4 ft) of any building or side or rear yard;
iv)
Exceed the maximum height of 6.7 metres (22 ft) in any Urban
Residential zone unless noted otherwise within the zoning regulations
and exclusive of agricultural use buildings and structures;
v)
May be placed or erected on a lot prior to the placement or erection
of the main building or structure if:
a)
A building permit for the main building or structure is obtained
first;
b)
The main building or structure will be completed within one
year from the date of issuing of the permit; and
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Town of Sackville
Zoning By-law No. 244
c)
The accessory building is located as indicated on the plot plan
so as not to interfere with the placement of the main structure;
vi)
May be placed on a vacant lot in the Rural Residential (RR) Zone so
as not to interfere with the placement of the main structure.
3.5
Multiple Uses
Where any land or building is used for more than one purpose, all provisions of
this By- law relating to each use shall be satisfied and if more than one standard
applies, the more stringent shall prevail.
3.6
Temporary Construction Uses
The use of land for the temporary location of a building or structure, or for other
purposes incidental to a main construction project, is permitted to continue up to
sixty (60) days following completion of the main construction project.
3.7
One Dwelling Per Lot
No developer shall construct more than one dwelling on a lot in the R1 zone. More
than one dwelling on a lot will be permitted in the R2 and R3 zones provided that:
a)
The number of combined units do not exceed the maximum number set in
the zone;
b)
The minimum zone requirements are complied with; and
c)
The dwellings maintain a minimum separation distance of 3.0 metres (10 ft).
3.8
Special Uses
Nothing in this By-law shall prevent uses for special occasions and events such as
midways, circuses, fairs or festivals, but not including vehicular events, provided
that such uses remain in place no longer than fourteen (14) days. For these special
uses, no building permit shall be required.
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Town of Sackville
Zoning By-law No. 244
3.9
Existing Conditions
a)
Existing Buildings
Where a building has been constructed on a lot having less than the
required frontage or area, or having less than the minimum setback or side
yard or rear yard required in this By-law, the building may be enlarged,
reconstructed, repaired or renovated provided that:
i)
The enlargement, reconstruction, repair or renovation does not further
reduce the front yard, flankage yard, side yard or rear yard that does
not conform to this By-law; and
ii)
All other applicable provisions of this By-law are satisfied.
b)
Existing Undersized Lots
Notwithstanding anything else in this By-law, a lot held in separate ownership
from adjoining parcels in existence prior to the registration of this By-law,
having less than the minimum frontage or area or both required by this
By-law, may be used for a purpose permitted in the zone in which the lot
is located and a development and building permit may be issued, and
a building may be erected on the lot provided that all other applicable
provisions in this By-law are satisfied. Where a vacant lot is increased in size
but remains undersized, it is deemed to be an existing undersized lot.
c)
Existing Buildings in the Downtown Business District
Where an existing structure constructed prior to the enactment of this By-
law in the Downtown Business District has been damaged and/or requires
reconstruction:
i)
The building and its uses may be replaced; and
ii)
It shall be reconstructed with a design architecturally compatible with
other buildings in the downtown core.
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Zoning By-law No. 244
3.10 Conformity with Existing Front Yards
In an in-filling situation where a front yard line has been established within
48.8 metres (160 ft) of the proposed in-fill that is less than the required front yard
setback, the existing line may apply for new construction and/or expansions and
extensions so long as it does not intrude into the corner sight line as outlined in 3.23
of this By-law.
3.11 Permitted Encroachments
Unless otherwise indicated in a particular zone, every part of any yard setback
required by this by-law shall be open and unobstructed by any structure subject to
the following:
a)
There may be constructed in any yard projections of sills, cornices, eaves,
gutters, chimney breasts, pilasters, canopies, or other architectural features
provided that no such feature shall project more than 0.6 metres (2 ft) into
a side yard setback;
b)
Window bays and solar collectors may be permitted to project a maximum
of 0.9 metres (3 ft) into a required front, rear or major side yard setback;
c)
Uncovered patios shall not be located closer than 0.8 metres (2 ft 6 in) into
a required major side yard setback;
d)
Wheelchair ramps and lifting devices may be located in any yard;
e)
Steps providing access at the first storey level may be located in any
required front, rear or flankage yard;
f)
Exterior stair cases providing access to the basement or any floor, balconies,
veranda and sundecks shall be permitted to project a maximum of 0.61
metres (2 ft) into any required front, rear or flankage yard; and
g)
Unless otherwise indicated in this By-law, with the exception of the sight
triangle provision, the provisions of this Section shall not restrict the location
of ornamental planting or landscaping in any yard.
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Zoning By-law No. 244
3.12 Parking
a)
General Provisions
The following general provisions will apply to all parking requirements:
i)
Parking requirements shall be in conformity with the parking provisions
as provided in this By-law;
ii)
Parking shall be provided upon the same lot as the use for which
the parking is required. Parking in the Downtown Business District for
new structures shall be provided upon the same lot as, or within 152.4
metres (500 ft) of the use for which the parking is required;
iii)
Where there is a combination of uses on a lot, the minimum parking
space requirements shall equal the combined total of the minimum
requirements for each use and where a fraction of a space is required
the number of spaces shall equate to requiring an additional space;
iv)
Individual parking spaces shall have minimum dimensions of 2.8 metres
(9 ft) by 5.5 metres (18 ft);
v)
Parking areas shall be accessible by an entrance/exit with minimum
aisle width of 6 m (20 ft) if parking spaces are 90 degree angles, or 3.5
m (12 ft) if parking spaces are angled at 45 degrees.
vi)
Within the Downtown Business District, as defined on the Zoning map,
parking requirements will be waived for existing structures and the
reconstruction of previously existing structures, presently being used for
purposes other than a detached dwelling unit. Any expansions will be
required to meet the parking standards as set out in this By-law; and
vii)
All home occupations will be required to meet the parking standards
of this By-law.
viii)
All parking areas in serviced areas, exceeding 10 spaces, shall be paved.
ix)
All paved parking areas shall contain clearly delineated parking spaces.
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Town of Sackville
Zoning By-law No. 244
b)
Parking Space Requirements by Use
i)
For one and two unit dwellings and mobile/mini homes, one (1) space
for each dwelling unit, plus 0.5 space per bedroom in excess of 3 in a
dwelling unit.
ii)
For multiple units, 1 space per dwelling unit, plus 0.5 space per
bedroom in excess of 3 in a dwelling unit, plus one (1) additional
space for each four dwelling units.
iii)
For assembly buildings, one (1) space for each four persons including
arenas, auditoriums, churches, funeral parlors, public congregations
therein; halls, theaters, rinks or any buildings (such as a school)
containing a similar usage.
iv)
Daycares, 1 space for each 2 employees, plus 1 for every 10 children.
v)
For hospitals, sanitarium, nursing homes or clinics, one (1) space for
each 5 bed patients and one space for every 2 staff at the peak
employment period.
vi)
For rooming/boarding houses and bed and breakfast establishments,
one (1) space for each 2 guest rooms.
vii)
For licensed taverns, one (1) space for each 3 patrons comprising
capacity patronage.
viii)
For motels, or hotels one (1) space for each habitable unit.
ix)
For office buildings or offices, one space for each 46.5 square metres
(500 sq ft) of gross floor area.
x)
For restaurants, one (1) space for 4 guests.
xi)
For social clubs or fraternities, one (1) space for each 23.2 square
metres (250 sq ft) of gross floor area or fraction thereof.
xii)
For sports or recreation fields, one (1) space for each 6 persons for
whom seating arrangements may be provided.
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Town of Sackville
Zoning By-law No. 244
xiii)
For stores, including retail, wholesale or service establishments, one
(1) space for each 36.1 square metres (388 sq ft) of gross floor area, or
fraction thereof.
xiv)
For warehousing, wholesale, industrial or manufacturing building, one
(1) space for each 3 employees or fraction thereof.
c)
Reserved Spaces for Physically Disabled Persons
i)
A minimum of one (1) additional parking space shall be provided for
physically disabled persons for all uses requiring barrier-free access
under the National Building Code of Canada; and one (1) additional
space provided for every 25 parking spaces.
ii)
The parking space(s) closest to a facility shall be reserved for parking
for physically disabled persons.
iii)
Each parking space reserved for physically disabled persons shall have
the minimum dimensions of 4.0 metres by 5.5 metres (13 ft by 18 ft).
iv)
Each parking space reserved for physically disabled persons shall be
clearly identified by a ground or facial sign.
v)
Where a parking area is defined by curbing, a ramped curb shall be
provided so as to allow a physically disabled person to easily travel
through or over such curbing.
d)
Loading Standards
Off-street spaces not less than 9.2 metres (30 ft) long and 3.7 metres (12 ft)
wide and overhead clearance of 4.3 metres (14 ft) shall be provided for
loading for every building or structure used for any purpose involving the
use of vehicles for the receipt or distribution of materials, as set out below.
Loading spaces are not required for existing businesses.
Total Floor Area
Number of Spaces
Up to 1,858.0 sq m (20,000 sq ft)
1
1,858.1 to 4,645.0 sq m (20,000 to 50,000 sq ft)
2
For each additional 4,645.1 sq m (50,000 sq ft)
1
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Town of Sackville
Zoning By-law No. 244
3.13 Floodplain Development
No development shall be permitted within the Floodplain Area as shown on the
"Town of Sackville Hydrographic Map", Figure 2, unless the structure meets the
following flood proofing requirements:
a)
The minimum lower elevation of all openings shall be the established flood
elevation plus a free board height of 10.2 cm (4 in) excluding accessory
buildings and agricultural related structures:
i)
Fill shall be placed around the perimetre of the building to a height
equal to the minimum opening elevation for a distance of 3.1 metres
(10 ft); and
ii)
The fill shall have a perimetre slope of 1:1;
iii)
No portion of the structure located below the established flood eleva
tion shall be used for overnight accommodations.
b)
No fill will be permitted within the floodplain area except where the
placement of the soil is for the purpose of floodplain management or for
flood proofing purposes;
c)
A building permit shall be required for the placement of soil in areas
susceptible to flooding except within the Agriculture/Conservation Zone
and for the purposes permitted within that zone;
d)
Prior to the issuance of a building permit, the Southeast Regional Service
Commission may require proof of adequate flood proofing from a
professional engineer licensed to practice in New Brunswick; and
e)
The degree of flood protection required by this Section is considered
the minimum necessary and reasonable for regulatory purposes. Larger
floods may occur at any time, and excessive flood water heights may be
experienced due to man-made and natural causes, such as ice jams,
dyke failures and accumulated debris in bridge openings. This Section
shall not imply that uses permitted within such areas, shall remain free from
flooding or flood damages. The applicant must supply a waiver which
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Town of Sackville
Zoning By-law No. 244
will indemnify the Town of Sackville, the Planning Review and Adjustment
Committee, employees and agents from any possible damage that may
result from development within the designated floodplain as shown on the
"Town of Sackville Hydrographic Map" (Figure 2). Where a conflict occurs
between the flood plain limits mapped in Figure 2 and field observation, the
developer shall have a topographic survey by a licensed New Brunswick
Land Surveyor completed to eliminate any discrepancies.
3.14 Zone Boundaries
Boundaries between zones shall be determined as follows:
a)
Where a zone boundary is indicated as following a street or highway, the
boundary shall be the centre line of such street or highway; and
b)
Where a railroad or railway right of way, electrical transmission line right-
of-way or watercourse is included on the Zoning Map and serves as a
boundary between two or more different zones, a line midway on such
right-of-way or watercourse shall be considered the boundary between
zones unless specifically indicated otherwise.
3.15 Development Near A Water Course or Lake
No development shall be permitted within 30 metres (100 ft) of a watercourse or
from the high water mark of a lake or the top of a sloped embankment unless
approved by the Department of Environment.
3.16 Fences
Notwithstanding any other provisions of this By-law, a fence may be located in a
yard in any zone subject to the following:
a)
Except for a security fence of chain link construction and as noted in Section
3.23, no fence in a required front yard setback may exceed 1.5 metres (5 ft) in
height. A security fence is permitted a maximum of 3.1 metres (10 ft) in any yard;
b)
Subject to the requirements of Subsection a) and the other regulations
contained in this By-law, other fences or walls shall not exceed 2.4 metres
(8 ft) in height; and
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Town of Sackville
Zoning By-law No. 244
c)
Fences may be located on the lot line where all owners affected by the
proposed fence have signed the building permit application; otherwise a
fence must be located 0.6 metres (2 ft) from any lot line.
3.17 Landscaping and Drainage
a)
All grading shall be done to divert surface water from the building and
from adjacent properties and insofar as possible, to contour the yard to the
surrounding terrain.
b)
Any necessary siltation devices shall be in place prior to the commencement
of any grading, landscaping and drainage work.
c)
A storm water management plan prepared by a licensed New Brunswick
Engineer shall be provided for all high density, commercial, institutional
development.
d)
A scaled landscaping plan showing the sites storm drainage plan shall be
provided for all single dwelling construction and approved by the Town
Engineer.
3.18 Home Occupations
In addition to all other requirements, the following shall apply to home occupations:
a)
Home occupations will occupy no more than 50 percent of the dwelling
floor area of a residential unit, or 25 percent of the sum of the dwelling floor
plus the gross floor area of an accessory structure involved in the home
occupation;
b)
No exterior changes will be made which would change the architectural
appearance of the dwelling;
c)
The home occupation will meet the parking and signage requirements as
set out in this By-law; and
d)
The following are not deemed to be home occupations:
i)
automotive repair shops
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Town of Sackville
Zoning By-law No. 244
ii)
retail stores
iii)
restaurants; and
iv)
service industries.
3.19 Environmental Standards for Home Occupations
a)
There shall be no emission of odorous gases or matter in such magnitude as
to be readily discernible by the casual observer at the lot line.
b)
There shall be no production of noise in excess of normal street traffic
experienced at the lot boundary.
c)
There shall be no physical hazard by reason of fire, explosion, toxic waste,
radiation or similar cause to adjacent property.
d)
There shall be no discharge of any waste material whatsoever on the
property, adjacent property or into any watercourse.
e)
There shall be no dissemination of glare or vibration beyond the immediate
building.
3.20 Enclosure for Swimming Pools
Where a swimming pool is located it shall:
a)
Be enclosed by a fence, or by a wall of a building or a combination thereof,
having a minimum height of 1.5 metres (5 ft) measured at grade;
b)
Where a portion of a wall of a building forms part of an enclosure mentioned
in Subsection (a):
i)
No main or service entrance to the building may be located therein; and
ii)
Any door therein, other than a door to a dwelling or dwelling unit, shall
be self-closing and equipped with a self-latching device not less than
1.1 metres (3 ft 8 in) above the ground.
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Town of Sackville
Zoning By-law No. 244
c)
A fence mentioned in Subsection (a):
i)
Shall be constructed of chain link material with galvanized, vinyl or
other coating approved by the Canadian Standards Association or
of wood or of other materials, in the manner described in Subsection
(d); and
ii)
Shall be located:
a)
At least 1.2 metres (4 ft) from the edge of the swimming pool; and
b)
At least 1.2 metres (4 ft) from a structure or ground elevation
that would facilitate being climbed from the outside;
iii)
In the case of chain link construction:
a)
No greater than 3.9 cm (1.5 in) diamond mesh;
b)
Steel wire not less than No. 12 gauge, or a minimum No. 14
gauge with coating forming a total thickness equivalent to No.
12 gauge wire; and
c)
At least 3.9 cm (1.5 in) diameter steel posts, set below frost
and spaced not more than 3 metres (10 ft.) apart, with a top
horizontal rail of at least 3.2 cm (1.25 in) diameter steel;
iv)
In the case of wood construction:
a)
Vertical boarding, not less that 2.5 cm by 10.28 cm (1 in by 4
in) nominal dimensions spaced not more than 3.9 cm (1.5 in)
apart, attached to supporting members and arranged in such
a manner as not to facilitate climbing on the outside;
b)
Supporting posts at least 10.3 cm (4 in) square or round with 10.3
cm (4 in) diameter, set below frost and spaced not more than
2.4 metres (8 ft) apart, with the portion below grade treated
with a wood preservative, and with a top horizontal rail of at
least 5 cm by 15.2 cm (2 in by 6 in) nominal dimensions; and
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Town of Sackville
Zoning By-law No. 244
c)
In the case of construction with materials and in a manner other
than described in paragraphs iii) or iv) hereof, the material used
and construction shall be of a rigidity and design equal to the
specifications set forth in paragraphs iii) and iv) and approved
by the building inspector;
v)
Gates forming part of an enclosure mentioned in Subsection (a):
a)
Shall be equivalent to the fence in content, manner of
construction and height;
b)
Shall be supported on substantial hinges; and
c)
Shall be self-closing and equipped with a self-latching device
not less than 1.1 metres (3 ft 8 in) above the ground.
d)
The enclosure shall not have rails, bracing or other attachments on the
outside or be constructed in a manner that would facilitate climbing;
e)
Be setback a minimum of 2 metres (6 ft 6 in) from any lot line notwithstanding
any other provision of this By-law that abuts a street right-of-way;
f)
A swimming pool shall not be filled or partially filled with water or any other
liquid until any required enclosure of this By-Law is constructed.
3.21 Structure To Be Moved
No structure shall be moved within or into the area covered by this By-law without
first obtaining a building permit from the Development Officer.
3.22 Illumination
No person shall illuminate any area or erect any illuminated sign unless all glaring
lights are directed away from adjoining properties and any adjacent street.
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Zoning By-law No. 244
3.23 Corner Sight Line
a)
On a corner where yards are required, no fence, sign, hedge, bush or tree
or any other structure, vehicle or vegetation shall be placed or permitted to
grow higher than 0.6 metres (2 ft) above the grade of the center line of the
streets that abut the lot within the triangular area included within the street
lines for a distance of 6.1 metres (20 ft) from their point of intersection.
b)
Provisions of subsection (a) shall apply to lots which abut a railway crossing.
(By-law 244-B)
3.24 Conversion of Certain Types of Residences to Apartments
a)
Notwithstanding any other provision of this By-Law, subject to Subsection (b),
a building in a residential zone which was erected prior to January 1, 1930,
as a one or two unit dwelling containing 10 or more habitable rooms may be
converted into a two unit dwelling, multiple dwelling subject to the following:
i)
The number of dwelling units in the converted building does not
exceed a total of 6 units.
b)
The use of a converted building mentioned in Subsection a) for the purposes
of a dwelling is permitted only if approved by the Planning Review and
Adjustment and only in compliance with such terms and conditions as may
be imposed by the Planning Committee.
c)
Where all the requirements of this Section other than that of lot area are
met, a dwelling unit may be provided on each habitable floor.
3.25 Signs
a)
Placement Standards
i)
Unless otherwise permitted by another Section of this by-law, a sign
shall not extend onto a public right-of-way. The owner must provide
the Southeast Regional Service Commission with proof of adequate
liability insurance for any sign that extends over a public right-of-way,
such as but not limited to a sidewalk.
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Town of Sackville
Zoning By-law No. 244
ii)
No sign, together with any supporting framework, shall extend to
a height above the maximum building height allowed in a zone.
iii)
Signs shall not cover significant architectural details such as, but not
limited to, arches, sills, molding, cornices, and transom windows.
iv)
All electrical work associated with signs must meet CSA standards
or be approved by a licensed electrician.
v)
Metal supports or braces shall be adequate for wind loading
and climatic conditions.
vi)
The Building Inspector may require drawings and specifications
of a proposed sign, location and supporting structure. In certain
circumstances the Building Inspector may require these to be
prepared by a professional engineer licensed in the Province of
New Brunswick.
b)
Safety Standards
i)
No person shall erect or maintain a sign which:
a)
Constitutes a hazard to public safety and health by reason of
inadequate maintenance, dilapidation, or abandonment.
b)
Obstructs site line visibility of vehicles using public streets,
highways, or detracts from the effectiveness of any traffic sign or
control device.
c)
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 other similar words, phrases, symbols,
lights, or characters used in a manner which may mislead,
confuse, or otherwise interfere with traffic along a public road.
d)
Obstructs free entrance or exit from a required door, window, or
fire escape.
e)
Obstructs light, air, or interferes with the proper functioning of a
building or structure.
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Town of Sackville
Zoning By-law No. 244
c)
Sign Permit
i)
Except for the signs referred to in Section 3.25 h) no sign as defined
in this by-law shall be erected, displayed, altered, or enlarged until a
Permit has been issued.
ii)
At a minimum, all applications shall include a scale drawing specifying
dimensions, materials, illumination, support systems, and location on
land or buildings, with all relevant measurements.
iii)
Where liability insurance is a requirement of this By-law, the Building
Inspector may require proof of this liability insurance as a requirement
of an application.
iv)
Applications may be filed by the owner of the land or building, or any
person who has the authority to erect a sign on the premises.
v)
Any permit issued for a sign, as defined by this By-law, shall be valid for
the placement of the sign from one (1) year of the date of issuance
after which time the permit is void and a new application must be
made under this By-law if the proposed sign has not been erected.
d)
Enforcement
The Development Officer shall be authorized to enforce this Section of the
By-law, and to order the repair or removal of any sign and its supporting
structure which the Development Officer determines to be dangerous or in
disrepair or which is erected or maintained contrary to the provisions of this
By-law.
e)
Maintenance
A sign shall be maintained in a safe and secure condition. If the Development
Officer is of the opinion that a sign is not safe, secure, or in a good state
of repair, written notice of this fact shall be given to the person, firm, or
agency responsible for the sign. If the defect in the sign is not corrected
within the time permitted by the Development Officer, the Development
Officer may revoke the Sign Permit and/or take possession of the sign until
the sign owner pays the cost of removal.
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Town of Sackville
Zoning By-law No. 244
f)
Number of Signs
i)
Unless otherwise permitted within another Section of this By-law, no
more than two (2) signs may be erected on any premises at any one
time.
ii)
For the purpose of this Subsection of the By-law, where a multiple
tenancy building is occupied by more than one business, each
business shall be considered to be separate premises.
g)
Prohibited Signs
The following signs shall not be permitted:
i)
Off-premises signs unless erected by a government body;
ii)
Any progressive signs where messages on more than one sign must be
read to obtain the full message or meaning;
iii)
Any sign which incorporates flashing, pulsating, oscillating, traveling
or moving parts;
iv)
A sign which displays any obscene, indecent, or immoral matter;
v)
A sign erected or placed on a government right-of-way unless
erected by a government body or with the permission of the Council;
vi)
Any inflatable sign, banner, streamer, or spinner except for occasions
such as grand openings, fairs, and public festivals for a period not to
exceed twenty-one (21) calendar days;
vii)
A roof sign;
viii)
An obsolete sign;
ix)
A portable sign.
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Town of Sackville
Zoning By-law No. 244
h)
Signs Permitted In All Zones
The following signs are permitted in all zones and no permit shall be required:
i)
A directional sign which has an area of no more than 0.2 sq m (2.5 sq ft);
ii)
An identification sign which has an area of no more than 0.2 sq m (2.5 sq ft);
iii)
Any sign which has an area of no more than 0.2 square metres
(2.5 sq ft) and which regulates the use of property, such as but not
limited to a "No Trespassing" sign;
iv)
Any real estate sign, which has an area of no more than 1.5 square
metres (16 sq ft) in any residential zone for a single lot or building or
3.0 square metres (32 sq ft) for advertising five (5) or more residential
lots in a subdivision;
v)
Any construction sign which has an area of no more than
3.0 square metres (32 sq ft) and must be removed upon completion
of construction;
vi)
Any sign which has an area of no more than 0.6 square metres
(6 sq ft) and which indicates hazardous or dangerous areas,
machinery, or signs necessary for the safety of public utility, gasoline
storage, bulk storage, or identification thereof, of materials, or
warehousing of materials;
vii)
Any flag, insignia, notice, or advertising on a building of any charitable,
religious, or fraternal organization provided the sign face does not
exceed 1.7 square metres (18 sq ft) in area;
viii)
Any memorial sign of the municipal, provincial, or federal governments;
ix)
Any political sign for a municipal, provincial, or federal election with the
sign not to be erected prior to the date on which the Writ of Election is
issued and to be removed within five (5) days of the election, and any
one sign shall not exceed an area of 3.0 square metres (32 sq ft);
x)
Any sign on the inside of a window.
36
Town of Sackville
Zoning By-law No. 244
i)
Conditional Signs
The following signs may be permitted in all zones subject to terms and
conditions:
i)
A Temporary Sign subject to terms and conditions as may be imposed
by the Planning Review and Adjustment Committee.
j)
Specific Sign Provisions
i)
Canopy Signs are permitted in all commercial zones, the Institutional
Zone, and the Industrial Zone provided that:
a)
The length of the canopy or awning does not extend beyond
the length of the building face;
b)
The canopy or awning does not project more than 1.1 metres
(3.5 ft) out over the public sidewalk, or public right-of-way; and
c)
The canopy or awning is placed on the building a minimum of
2.1 metres (7 ft) above the sidewalk or 3.1 m (10 ft) above a
passage where vehicles travel.
ii)
General Advertising Signs are permitted in all commercial zones, the
Institutional Zone, and the Industrial Zone provided that:
a)
They shall not exceed 18.6 square metres (200 sq ft) in area;
b)
They do not exceed the maximum height of a building or
structure allowed in the zone;
c)
Where there are more than two (2) premises, buildings, or
businesses on a lot, there may be one general advertising sign
per lot; and
d)
Where multiple buildings are located on adjoining lots and share
common parking facilities, one group advertising sign may be
placed on one of the lots to advertise the businesses located
within the buildings that use the shared facilities.
37
Town of Sackville
Zoning By-law No. 244
iii)
Wall Signs are permitted in all commercial zones, the Institutional Zone,
and the Industrial Zone provided that:
a)
They do not exceed the length of the wall of the building upon
which the sign is displayed;
b)
They shall not exceed 18.6 square metres (200 sq ft) in area;
c)
Home occupation signs may be placed in all zones provided that:
i)
They shall not exceed 1.5 square metres (16 sq ft).
iv)
Free Standing Signs are permitted in the Mixed Use Zone, Highway
Commercial Zone, Neighbourhood Commercial, the Institutional
Zone, and the Industrial Zone provided that:
a)
They shall not exceed 18.6 square metres (200 sq ft) in area;
b)
They do not exceed the maximum height of a building or
structure allowed in the zone;
c)
The applicant must carry adequate liability insurance;
d)
The following free standing signs may be placed on a property
used for an agricultural use:
i)
One (1) sign not exceeding 3.0 square metres (32 sq ft) in
area indicating the name of a farm and identifying the
nature of the agricultural activity may be placed in all
zones;
e)
Home occupation signs may be placed in all zones provided that:
i)
They shall not exceed 1.5 square metres (16 sq ft).
v)
Projecting Signs are permitted in all commercial zones, the Institutional
Zone, and the Industrial Zone provided that:
a)
They shall not exceed 1.9 square metres (20 sq ft) in area;
38
Town of Sackville
Zoning By-law No. 244
b)
They do not project more than 1.1 metres (3.5 ft) from the
building wall and be at least 2.1 metres (7 ft) from the ground;
c)
They may project over a public right-of-way but not project over
adjoining property lines;
d)
The applicant carries adequate liability insurance;
e)
Home occupation signs may be placed in all zones provided that:
i)
They shall not exceed 1.5 square metres (16 sq ft).
vi)
Sandwich Signs are permitted in all commercial zones, the Institutional
Zone, and the Industrial Zone provided that:
a)
They may be placed in a Town public right-of-way provided
it does not obstruct pedestrian or vehicular traffic or impede
visibility of pedestrians or traffic accessing the lot and must be
removed when business is closed;
b)
Only one sandwich sign is permitted for each business;
c)
The single-faced area shall not exceed 0.6 square metres (6 sq ft).
3.26 Detached Dwelling Units
Shall have a minimum width and length of 6.1 metres (20 ft).
3.27 Wind Energy Systems
Where a wind energy system is a permitted use the following provisions
shall apply:
a)
All wind energy systems shall be subject to site plan control;
b)
Small Scale Wind Turbines shall be setback a minimum 1.5 times the turbine
height from any road, public right-of-way and the property boundary;
39
Town of Sackville
Zoning By-law No. 244
c)
Small Scale Wind Turbines and Wind Farms shall not produce more than 40
dBA of sound pressure at the nearest residence;
d)
Wind Farms shall be setback a minimum of 750 metres from an existing
dwelling;
e)
Where any of the requirements of this Section conflict, the higher or more
stringent requirement shall prevail.
3.28 Residential Density and Infilling
a) Flag Lots
Flag lots will be permitted in all urban residential (R) zones subject to the
following conditions:
i)
After subdividing, all lots are capable of meeting all other minimum
lot size and setback requirements of this By-law;
ii)
That a flag lot for a detached dwelling unit or two unit dwelling has a
minimum of 6.1 metres (20 ft) road frontage;
iii)
That a flag lot created for a multiple unit development has a mini
mum of 12.2 metres (40 ft) road frontage;
iv)
That no flag lot shall abut another flag lot.
b)
Intensification
Medium and high density residential developments will be permitted in
Urban Residential areas on streets identified in the Municipal Plan By-law
243 subject to the following conditions:
i)
The parcel is an existing vacant lot at the time of Ministerial approval
of the Municipal Plan By-law 243;
ii)
The parcel is within the municipal servicing area and is located south
of the Trans Canada Highway exits.
40
Town of Sackville
Zoning By-law No. 244
3.29 Extraction of Aggregates
a)
The use of land for the purposes of a gravel pit or rock quarry is a particular
purpose in respect of which the Planning Review and Adjustment
Committee may, subject to Subsection 34(4)(c) of the Community Planning
Act, impose terms and conditions or prohibit where compliance with the
terms and conditions imposed cannot reasonably be expected.
b)
Issues to be considered under terms and conditions include:
i)
Hazard to human life;
ii)
Damage to any adjacent property;
iii)
Impact on a public and private water main or well, a sewer, a water
course or a street;
iv)
Geological stability;
v)
Flood hazard;
vi)
Dust control;
vii)
Hours of operation.
c)
The maximum depth of accumulated water permitted in all extraction sites
is 61 cm (2 ft).
d)
No extraction sites shall be permitted to serve as a storage place or dump
for toxic materials, scrap iron, domestic wastes, construction residues or any
other material likely to be harmful to the environment.
e)
No extraction may be done within 250 metres (820 ft) of any watercourse,
lake or pond.
f)
The top of the slope of the excavation, or any building or structure shall be
located a minimum of 250 metres (820 ft) from a public highway.
41
Town of Sackville
Zoning By-law No. 244
g)
A minimum distance of 250 metres (820 ft) shall be maintained between
blasting and crusher operations and adjacent residential uses, and
i)
A mound or trench shall be used to absorb the noise caused by the
crusher; and
ii)
Appropriate devices shall be used to prevent dust emission from the site.
h)
The following setbacks shall apply to excavation sites where there is no
blasting or crusher operations:
i)
A minimum distance of 152 metres (500 ft) shall be maintained
between the site of a quarry, and a residence;
ii)
6.1 metres (20 ft) shall be maintained between the site of a quarry
and the property line of a quarry.
i)
Where an excavation site is not fenced, the following terracing or sloping
standards apply:
i)
Where the excavation is less than 6.1 metres (20 ft) in depth, it shall
have a slope of not more than 30 degrees;
ii)
Where the excavation is over 6.1 metres (20 ft) in depth, it shall have
a terrace of not less than 6.1 metres (20 ft) in width and at each 6.1 m
(20 ft) interval of the depth.
j)
Fencing for excavation sites will comply to the following standards:
i)
A fence at least 3.0 metres (10 ft) in height shall surround the extraction
site and have a lockable gate, and bear a sign with the word "danger"
in letters at least 15.2 cm (6 in) high, installed at the entrance of the
quarry or sandpit;
ii)
Shall be located at least:
a)
4.0 metres (13 ft) from the edge of the extraction site; and
b)
1.2 metres (4 ft) from any condition that would facilitate its being
climbed from the outside;
42
Town of Sackville
Zoning By-law No. 244
iii)
The construction of fences and gates shall comply with Section 3.16.
k)
Where the extraction operations have ceased for more than 2 years, or such
period as determined by the Planning Review and Adjustment Committee,
the land shall be restored as follows:
i)
The plant, equipment, buildings or structures installed on the site for
excavation purposes shall be removed;
ii)
All stockpiles, earth, sand, gravel or other material shall be placed back
in the excavation, spread out on the site or removed from the site;
iii)
The site must be leveled or sloped in such a manner that would allow
less than 60 cm (23.5 in) of accumulated water; and
iv)
All debris shall be removed from the site.
3.30 Downtown Business District
a)
A front yard or flankage yard in the Downtown Business District shall not be
used for parking areas, loading zones or garbage storage.
b)
Any front yard or flankage yard in the Downtown Business District shall be
landscaped and maintained in a manner which incorporates plantings
such as trees, shrubs, annual or perennial beds or planters, decks or patios,
or any combination thereof;
c)
All structures must be positioned to maximize the street frontage
d)
All buildings shall contain a minimum of 1 public entrance on the ground
level of any wall which abuts a street.
e)
All buildings shall be architecturally compatible with buildings in the
downtown core, such as but not limited to window ratios.
f)
The street front ground floor of any new or reconstructed structure, shall be
dedicated to uses other than residential and contain a minimum of 50% of
the total ground floor area, dedicated to uses other than residential.
43
Town of Sackville
Zoning By-law No. 244
3.31 Proximity to Rail Lines
A minimum setback distance ot 30 metres shall be maintained between any new
residential dwelling and the rail right-of-way/corridor. (By-law No. 244-B)
44
Town of Sackville
Zoning By-law No. 244
PART 4: ZONE CLASSIFICATION
For the purpose of this By-law, the following zones are established and the lands included
in each Zone are shown on the Town of Sackville Zoning Map (Figure 1):
-
Part 5 Mixed Use Zone - MU
-
Part 6 Highway Commercial Zone - HC
-
Part 7 Neighbourhood Commercial Zone - NC
-
Part 8 Residential Historic Commercial Zone - RHC
-
Part 9 Urban Residential 1 Zone - R1
-
Part 10 Urban Residential 2 Zone - R2
-
Part 11 Urban Residential 3 Zone - R3
-
Part 12 Rural Residential Zone - RR
-
Part 13 Mobile/Mini Home Zone - MH
-
Part 14 Institutional Zone - I
-
Part 15 Industrial/Business Park Zone - IND
-
Part 16 Agriculture/Conservation Zone - A/C
-
Part 17 Intensive Resource Zone - IR (By-law No. 244-J)
45
Town of Sackville
Zoning By-law No. 244
PART 5: MIXED USE ZONE: MU
5.1
Uses
a)
Permitted Uses
Any land, building or structure may be used for the purposes of, and for no
other purpose one or more of the following main uses:
i)
Existing residential
ii)
Multiple Unit Dwelling
iii)
Veterinarian clinics and hospitals
iv)
Bed and Breakfast
v)
Building for public assembly, cultural and social activities
vi)
Financial institutions
vii)
Government buildings
viii)
Home occupations
ix)
Hotels or motels
x)
Hospitals and clinics
xi)
Offices
xii)
Personal service shops
xiii)
Recreation, amusement or entertainment
xiv)
Restaurant and liquor licensed establishments
xv)
Retail stores
46
Town of Sackville
Zoning By-law No. 244
xvi)
Boarding houses
xvii) Senior citizens housing
xviii) Service shops
xix)
Service station or public garages
xx)
Educational uses
xxi)
Bus and taxi stations
xxii) Funeral homes
xxiii) Day care centre
xxiv) Automotive sales agencies
b)
Any accessory building structure or use incidental to the main use of the
land, building or structure if such main use is permitted by this Subsection.
47
Town of Sackville
Zoning By-law No. 244
5.2
Zone Requirements
Any permitted use in the Mixed Use (MU) Zone must comply with the following
regulations (with the exception of residential dwellings outside the DBD which shall
conform with to the provisions of Residential Zone Sections 9, 10 and 11):
5.3
Lot Occupancy
a)
Subject to the provisions of side and rear yards for accessory buildings and
structures and the provision of off-street parking and loading and unloading
spaces, the total area of a lot may be occupied by buildings and structures
in the Downtown Business District.
b)
Notwithstanding Subsection 5.2 (a), an out-swinging exterior door of
a building shall be set back or set in from a street line or property line a
distance at least equal to the width of the door.
Mixed Use (MU) Zone
All uses in the
DBD
MU
Service
Stations
Minimum Lot Size
540 sq m
(5812.6 sq ft)
540 sq m
(5812.6 sq ft)
1800 sq m
(19375.2 sq ft)
Minimum Lot Front
18.3 m (60 ft)
18.3 m (60 ft)
37.4 m (122.7 ft)
Minimum Front or
Flankage Yard
0
7.6 m (25 ft)
10.6 m (35 ft)
Maximum Front or
Flankage Yard
4m (13 ft)
n/a
n/a
Minimum Side Yard:
a) General
b) Common Wall
0
0
3 m (10 ft)
3 m (10 ft)
6.1 m (20 ft)
6.1 m (20 ft)
Minimum Rear Yard
0
7.6 m (25 ft)
10.6 m (35 ft)
Maximum Lot Coverage
100%
50%
50%
Building/Structure Height
15.25 m (50 ft)
48
Town of Sackville
Zoning By-law No. 244
PART 6: HIGHWAY COMMERCIAL ZONE: HC
6.1
Uses
a)
Permitted Uses
Any land, building or structure may be used for the purposes of, and for no
other purpose one or more of the following main uses:
i)
Automotive service station
ii)
Automotive sales agencies and related activities
iii)
Retail and service shops
iv)
Places of amusement, assembly and recreation
v)
Convenience store
vi)
Restaurants
vii)
Tourist accommodations and related facilities
viii)
Shopping centre
ix)
Existing residential
x)
Day care centres
xi)
Drive Thru Restaurant (By-law 244-P)
b)
Any accessory building, structure or use incidental to the main use of the
land, building or structure if such main use is permitted by this Subsection.
c)
Any development occurring in the Main Street/Exit 504 Highway Commercial
area must have heritage lights of a uniform type and style.
d)
Any lot being developed in this Zone shall be landscaped. For the purposes
of this Section, landscaping:
49
Town of Sackville
Zoning By-law No. 244
i)
shall include all grading necessary to divert surface water from the
structures, and in so far as is reasonably possible;
ii)
shall include storm water management; and
iii)
may include the placement of such paths, patios, walkways, trees,
ornamental shrubs, vines and flowers as are not prohibited by this or
any other by-law, rule or regulation.
e)
Any drive thru restaurant shall incorporate the following design standards:
i)
Businesses providing drive thru services shall provide the minimum
stacking for vehicle queuing on the property of the establishment
as follows:
a.
Eleven (11) inbound queuing spaces for vehicles approaching
the order board
b.
Two (2) outbound queuing spaces on the exit side of the pick-
up window;
ii)
Queuing spaces shall be a minimum of 6.5 metres in length and
3 metres in width.
iii)
Queuing lanes shall be clearly defined by raised curbs, landscaping
or other traffic devices to ensure traffic separation between drive
thru lanes and general on site traffic areas such as but not limited to
parking lots, laneways and accesses.
iv)
Queuing lane exits shall ensure clear visibility for vehicles exiting the site
v)
When the entrance to the main building requires crossing of the
queuing lane by pedestrians, a pedestrian crossing that is distinguished
from the queuing lane by either a change in paving materials, colour,
texture or height must be provided.
vi)
A queuing/traffic study shall be required where:
a.
The expected number of drive-thru vehicle trips will exceed 40
vehicles per hour during peak hour periods, or
Highway Commercial (HC) Zone
Minimum Lot Size
901.2 sq m (9700 square ft)
Minimum Lot Frontage
30.4 m (100 ft)
Minimum Front or Flankage Yard
7.6 m (25 ft)
Minimum Side Yards
3.1 m (10 ft)
Minimum Rear Yard
7.6 m (25 ft)
Maximum Lot Coverage
50%
Building/Structure Height
9.1 m (30 ft)
b.
Less than the minimum required queuing spaces are provided.
(By-law 244-P)
6.2
Zoning Requirements
Any permitted use in any Highway Commercial (HC) Zone must comply with the
following regulations:
6.3
Traffic Impact Study (By-law 244-P)
a.
Any development or redevelopment identified in the following trip
generation table shall provide a traffic impact study prepared by a
Professional Traffic Engineer, by and at the cost of the developer:
b.
All other land use types anticipated to generate more than 100 additional
peak hour trips as calculated by a Professional Traffic Engineer using the most
recent edition of the Institute of Transportation Engineers Trip Generation
Manual will be subject to a traffic impact study, by and at the cost of the
developer, before the issuance of a development permit, and the developer
shall be required to implement the recommendations of the study.
Land Use Type
Estimated Development-Generation Trips
Fast-food restaurant or coffee shop
275 m2 (3,000 ft2)
Destination retail
557 m2 (6,000 ft2)
Gas station or convenience market
Seven fueling positions
50
Town of Sackville
Zoning By-law No. 244
51
Town of Sackville
Zoning By-law No. 244
PART 7: NEIGHBOURHOOD COMMERCIAL ZONE: NC
7.1
Uses
a)
Permitted Uses
Any land, building or structure may be used for the purposes of, and for no
other purpose, one or more of the following uses:
i)
Convenience store,
ii)
Retail store (maximum of 55.7 square metres (600 sq. ft))
iii)
Personal service shop
iv)
Detached dwelling unit w/accessory unit
v)
Home Occupations
b)
Any accessory building structure or use incidental to the main use of the
land, building or structure if such main use is permitted by this Subsection.
7.2
Zone Requirements
Any permitted use in any Neighbourhood Commercial (NC) Zone must comply
with the following regulations:
Neighbourhood Commercial (NC) Zone
Minimum Lot Size
538.8 sq m (5800 sq ft)
Minimum Lot Frontage
18.3 m (60 ft)
Minimum Front or Flankage Yard
7.6 m (25 ft)
Minimum Side Yards
a) Major
b) Minor
2.7 m (9 ft)
1.2 m (4 ft)
Minimum Rear Yard
7.6 m (25 ft)
Maximum Lot Coverage
50%
Building/Structure Height
9.1 m (30 ft)
52
Town of Sackville
Zoning By-law No. 244
PART 8: RESIDENTIAL HISTORIC COMMERCIAL: RHC
8.1
Uses
a)
Permitted Uses
Any land, building or structure may be used for the purposes of, and for no
other purpose:
i)
Detached dwelling unit with accessory dwelling unit
ii)
Churches
iii)
Parks or Playgrounds
iv)
Boarding Houses
v)
Home Occupations contained within the main structure
vi)
Bed and Breakfast
vii)
Restaurants
viii)
Professional Offices
ix)
Art Galleries
x)
Museums
xi)
Inn
xii)
Funeral homes
xiii)
Antique stores
xiv)
Day care centres
xv)
Boutiques
xvi)
Dwelling units in an accessory building for Bed and Breakfast and Inns
53
Town of Sackville
Zoning By-law No. 244
b)
Any external renovations or new structures must be architecturally
compatible with the general character of the existing residential
neighbourhood.
c)
All parking must be provided off street and buffered from adjacent
neighbours and the street.
d)
Any accessory building, structure or use incidental to the main use of the
land, building or structure if such main use is permitted by this Subsection.
e)
Uses Subject to Conditions
The following main, secondary and/or similar uses are permitted subject to
such terms and conditions as may be imposed by the Planning Review and
Adjustment Committee and Municipal Plan policy:
i)
Home occupations in accessory buildings
ii)
Special Care
8.2
Zone Requirements
Any permitted use in any Residential Historic Commercial (RHC) Zone must comply
with the following regulations:
Residential Historic
Commercial (RHC) Zone
RHC Uses, except
for Institutional
Institutional Uses
Minimum Lot Size
540 sq m
(5813 sq ft)
660 sq m (7104 sq ft)
Minimum Lot Frontage
18.3 m (60 ft)
22.0 m (72 ft)
Minimum Front or Flankage Yard
7.6 m (25 ft)
7.6 m (25 ft)
Minimum Side Yards
a) Major
b) Minor
2.7 m (9 ft)
1.2 m (4 ft)
3 m (10 ft) or 1/2 height
3 m (10 ft) or 1/2 height
Minimum Rear Yard
7.6 m (25 ft)
7.6 m (25 ft)
Maximum Lot Coverage
50%
35%
Building/Structure Height
9.1 m (30 ft)
54
Town of Sackville
Zoning By-law No. 244
PART 9: URBAN RESIDENTIAL 1 ZONE: R1
9.1
Uses
a)
Permitted Uses
Any land, building or structure may be used for the purposes of, and for no
other purpose:
i)
Detached dwelling unit with accessory dwelling unit
ii)
Churches
iii)
Parks or Playgrounds
iv)
Home Occupations contained within the main structure
b)
Any accessory building structure or use incidental to the main use of the
land, building or structure if such main use is permitted by this Subsection.
c)
Uses Subject to Conditions
The following main, secondary uses are permitted subject to such terms
and conditions as may be imposed by the Planning Review and Adjustment
Committee and Municipal Plan policy:
i)
Home occupations in accessory buildings
ii)
Boarding houses
iii)
Bed and Breakfast
iv)
Special Care
55
Town of Sackville
Zoning By-law No. 244
9.2
Zone Requirements
Any permitted use in any Urban Residential (R1) Zone must comply with the
following regulations:
Urban Residential 1
(R1) Zone
Detached
Dwelling Unit
Churches
Minimum Lot Size
540 sq m
(5813 sq ft)
See Institutional Zone
requirements
Minimum Lot Frontage
18.3 m (60 ft)
Minimum Front or Flankage Yard
7.6 m (25 ft)
Minimum Side Yards
a) Major
b) Minor
2.7 m (9 ft)
1.2 m (4 ft)
Minimum Rear Yard
7.6 m (25 ft)
Maximum Lot Coverage
50%
Building/Structure Height
9.1 m (30 ft)
56
Town of Sackville
Zoning By-law No. 244
PART 10: URBAN RESIDENTIAL 2 ZONE: R2
10.1 Uses
a)
Permitted Uses
Any land, building or structure may be used for the purposes of, and for no
other purpose:
i)
Detached dwelling unit with accessory dwelling unit
ii)
Two dwelling units
iii)
Multiple dwelling units - maximum 6, subject to Subsection c)
iv)
Parks or Playgrounds
v)
Home Occupations contained within the main structure
vi)
Churches
vii)
Vertically attached dwelling units
b)
Any accessory building, structure or use incidental to the main use of the
land, building or structure if such main use is permitted by this Subsection.
c)
All multiple dwellings shall contain:
i)
A sloping roof;
ii)
Natural buffering and/or fencing from service areas including but not
limited to, parking, waste disposal storage, etc;
iii)
The total accumulation of hard surfaces on the lot shall not exceed
50% of the total lot area; and
iv)
All landscaping to be completed within one year of the issuance of
the building permit.
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Town of Sackville
Zoning By-law No. 244
d)
Uses Subject to Conditions
The following main, secondary uses are permitted subject to such terms
and conditions as may be imposed by the Planning Review and Adjustment
Committee and Municipal Plan policy:
i)
Home occupation in accessory buildings
ii)
Bed and Breakfast
iii)
Special Care Homes
iv)
Boarding houses
10.2
Zone Requirements
Any permitted use in any Urban Residential 2 (R2) Zone must comply with the
following regulations: (By-law 244-V)
Urban Residential 2
(R2) Zone
Detached
Dwelling
Unit
Two Unit
Dwelling
Vertically
Attached
Dwelling
Unit
Multiple Unit
Dwelling - max 6
Minimum Lot Size
Outside Lot:
Inner Lot:
538.8 sq m
(5800 sq ft)
659.6 sq m
(7100 sq ft)
308 sq m
(3315.3 sq ft)
185.8 sq m
(2000 sq ft)
640.0 sq m
(6900 sq ft)
+ 93 sq m (1000 sq ft)
for each unit over 2
Minimum Lot Frontage
Outside Lot:
Inner Lot:
18.3 m (60 ft)
22.0 m (72 ft)
10.1 m (33.23 ft)
6.1 m (20 ft)
30.5 m (100 ft)
Minimum Front
or Flankage Yard
7.6 m (25 ft)
7.6 m (25 ft)
7.6 m (25 ft)
10.1 m (33 ft)
Minimum Side Yard
a) Major
b) Minor
c) Inner Lot Setback
2.7 m (9 ft)
1.2 m (4 ft)
2.7 m (9 ft)
1.2 m (4 ft)
4.0 m (13.2 ft)
0 m
0 m
4.0 m (13.2 ft)
Minimum Rear Yard
7.6 m (25 ft)
7.6 m (25 ft)
7.6 m (25 ft)
10.7 m (35 ft)
Maximum Lot Coverage
50%
50%
50%
33.3%
Building/Structure Height
15.3 m (50 ft)
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Town of Sackville
Zoning By-law No. 244
PART 11: URBAN RESIDENTIAL 3 ZONE: R3
11.1 Uses
a)
Permitted Uses
Any land, building or structure may be used for the purposes of, and for no
other purpose:
i)
Detached dwelling unit with accessory dwelling unit
ii)
Two unit dwelling
iii)
Multiple unit dwelling, subject Subsection c)
iv)
Home Occupations contained within the main structure
v)
Churches
vi)
Vertically attached dwelling units
vii)
Senior/Nursing Home Complex (By-law 244-I)
b)
Any accessory building, structure or use incidental to the main use of the
land, building or structure if such main use is permitted by this Subsection.
c)
All multiple dwellings shall contain:
i)
A sloping roof;
ii)
A break in materials/architectural design and/or jogs and recesses of
not less than 0.6 metres (2') for segments not exceeding 9 metres (30')
along the length of a wall of the building;
iii)
Natural buffering and/or fencing from service areas including but not
limited to, parking, waste disposal storage, etc.;
iv)
The total accumulation of hard surfaces on the lot shall not exceed
50% of the total lot area;
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Town of Sackville
Zoning By-law No. 244
v)
No parking or waste disposal storage located in the front yard setback
of the building;
vi)
Fire hydrant provided on site for multiple unit buildings located beyond
75 metres of a municipal hydrant;
vii)
Shall plant a minimum of 1 tree with a minimum diameter of 50 mm
and a minimum height of 2 metres, for every 5 metres of road frontage
in front and flankage yards and
viii)
All landscaping is to be completed within one year of the issuance of
the building permit.
d)
Uses Subject to Conditions
The following main, secondary uses are permitted subject to such terms
and conditions as may be imposed by the Planning Review and Adjustment
Committee and Municipal Plan policy:
i)
Home occupations in accessory buildings
ii)
Boarding houses
iii)
Bed and Breakfast
iv)
Special Care
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Town of Sackville
Zoning By-law No. 244
11.2 Zone Requirements
Any permitted use in any Urban Residential 3 (R3) Zone must comply with the
following regulations: (By-law 244-V)
Urban Residential 3
(R3) Zone
Detached
Dwelling
Unit
Two Unit
Dwelling
Vertically
Attached
Dwelling
Unit
Multiple Unit
Dwelling
Minimum Lot Size
Outside Lot:
Inner Lot:
540 sq m
(5813 sq ft)
659.6 sq m
(7100 sq ft)
308 sq m
(3315.3 sq ft)
185.8 sq m
(2000 sq ft)
640.0 sq m
(6900 sq ft)
+ 93 sq m (1000 sq ft)
for each unit over 2
Minimum Lot Frontage
Outside Lot:
Inner Lot:
18.3 m (60 ft)
22 m (72 ft)
10.1 m (33.23 ft)
6.1 m (20 ft)
30.5 m (100 ft)
Minimum Front
or Flankage Yard
7.6 m (25 ft)
7.6 m (25 ft)
7.6 m (25 ft)
10.1 m (33 ft)
Minimum Side Yard
a) Major
b) Minor
c) Inner Lot Setback
2.7 m (9 ft)
1.2 m (4 ft)
2.7 m (9 ft)
1.2 m (4 ft)
4.0 m (13.2 ft)
0 m
0 m
6.1 m (20 ft)
Minimum Rear Yard
7.6 m (25 ft)
7.6 m (25 ft)
7.6 m (25 ft)
10.7 m (35 ft)
Maximum Lot Coverage
50%
50%
50%
33.3%
Building/Structure Height
19.8m (65 ft) (By-law 244-N)
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Town of Sackville
Zoning By-law No. 244
PART 12: RURAL RESIDENTIAL ZONE: RR
12.1 Uses
a)
Permitted Uses
Any land, building or structure may be used for the purposes of, and for no
other purpose:
i)
Detached dwelling unit with accessory dwelling unit
ii)
Two dwelling units
iii)
Churches
iv)
Parks or Playgrounds
v)
Home Occupations contained within the main structure
vi)
Kennels
vii)
Farm Market Outlets
viii)
Forestry Uses
ix)
Agricultural Uses
x)
Bed & Breakfasts
xi)
Veterinary Hospitals
xii)
Aquaculture
xiii)
Recreational Use
xiv)
A Small Scale Wind Turbine
xv)
Tourism/environmental related businesses
xvi)
Wildlife conservation uses
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Town of Sackville
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b)
Any accessory building, structure or use incidental to the main use of the
land, building or structure if such main use is permitted by this Subsection.
c)
Uses Subject to Conditions
The following main, secondary and/or similar uses are permitted subject to
such terms and conditions as may be imposed by the Planning Review and
Adjustment Committee and Municipal Plan policy:
i)
Home occupation in accessory building
ii)
Special care
iii)
Boarding houses
iv)
Pits, quarries and mineral extraction activities which meet requirements
of Section 3.29 of this by-law.
v)
Hog operations
12.2 Zone Requirements
Any permitted use in the Rural Residential (RR) Zone must comply with the
following regulations:
Rural Residential (RR) Zone
Detached
Dwelling Unit
All Other RR Uses
Minimum Lot Size
As regulated by Dept. of Health
Minimum Lot Frontage
As regulated by Dept. of Health
Minimum Front or Flankage Yard
7.6 m (25 ft)
15.3 m (50 ft)
Minimum Side Yard
3.0 m (10 ft)
10.7 m (35 ft)
Minimum Rear Yard
7.6 m (25 ft)
15.3 m (50 ft)
Maximum Lot Coverage
50%
40%
Building/Structure Height
12.2 m (40 ft)
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Town of Sackville
Zoning By-law No. 244
PART 13: MOBILE / MINI HOME RESIDENTIAL: MH
13.1 Uses
a)
Permitted Uses
Any land may be used for the purpose of, and no other purpose one of the
following main uses:
i)
Mobile home or mini home park
ii)
Mobile/Mini home subdivision
iii)
Park or playground
b)
Any accessory building, structure or use incidental to the main use of the
land if such main use is permitted by this Section.
c)
Accessory building and structures:
i)
Shall not exceed one storey or 4.27 metres (14 ft) in height;
ii)
Shall not be placed within the front yard; and
iii)
Shall not be larger than 5% of lot size.
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Town of Sackville
Zoning By-law No. 244
13.2 Zoning Requirements
a)
Any permitted use in any Mobile/Mini Home Residential (MH) Zone must
comply with the following regulations:
b)
A mobile/mini home park or subdivision shall be located on a well drained
parcel of land, properly graded to ensure rapid drainage and freedom
from stagnant pools of water. A new mobile home park or mobile/mini
home subdivision shall not be established on a floodplain.
c)
All new mobile/mini home park or subdivision shall contain and maintain
a buffer between the park or subdivision and adjoining properties. The
buffer shall be:
i)
a minimum of 6.1 metres (20 ft) wide; and
ii)
consist of trees and shrubs planted and maintained in good condition.
d)
All new mobile/mini home park or subdivision shall be serviced by an internal
public road system, subject to the requirements of the Subdivision By-law.
e)
All mobile/mini home park or subdivision spaces shall:
i)
be clearly defined on the ground by permanent markers;
ii)
abut an internal road system;
Mobile/Mini Home
Residential (MH) Zone
Mobile/Mini Home Park
or Subdivision
Minimum Lot Size
580.6 sq m (6250 sq ft)
Minimum Lot Frontage
15.3 m (50 ft)
Minimum Front or Flankage Yard
6.1 m (20 ft)
Minimum Side Yard
a) Major
b) Minor
2.4 m (8 ft)
2.4 m (8 ft)
Minimum Rear Yard
4.6 m (15 ft)
Maximum Lot Coverage
50%
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Town of Sackville
Zoning By-law No. 244
iii)
be serviced with Town sewer and water; and
iv)
in the case of a mobile/mini home park, contain a pad where the
mobile home is to be placed, properly graded and compacted so as
to be durable, and adequate to support maximum anticipated loads
during all seasons.
f)
All mobile homes shall contain durable skirting.
g)
No person shall erect or attach to a mobile/mini home located on a space
in a mobile home park, any building, structure or addition except:
i)
a canopy or awning; and
ii)
patio, deck, steps or porches.
h)
The maximum density of a mobile/mini home park or subdivision shall be
17 mobile/mini homes per net hectare.
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Town of Sackville
Zoning By-law No. 244
PART 14: INSTITUTIONAL ZONE: I
14.1 Uses
a)
Permitted Uses
Any land, building or structure may be used for the purposes of, and for no other
purpose one or more of the following main uses:
i)
Art and cultural centers
ii)
Churches and denominational uses
iii)
Community Centers
iv)
Day care centres
v)
Funeral homes
vi)
Cemetery
vii)
Educational facilities
viii)
Governmental or municipal facilities
ix)
Hospitals and clinics
x)
Senior/Nursing Home complex
xi)
Parks or playgrounds
xii)
Recreational facilities
xiii)
Special care
xiv)
Museums
xv)
Detached dwelling unit w/ accessory dwelling unit
xvi)
Home occupation
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Town of Sackville
Zoning By-law No. 244
b)
Any accessory building structure or use incidental to the main use of the
land, building or structure if such main use is permitted by this Subsection.
14.2 Zoning Requirements
Any permitted use in any Institutional (I) Zone must comply with the
following regulations:
Institutional (I) Zone
Minimum Lot Size
660.0 sq m (7100 sq ft)
Minimum Lot Frontage
22.0 m (72 ft)
Minimum Front or Flankage Yard
7.6 m (25 ft)
Minimum Side Yards
3.0 m (10 ft) or 1/2 the height,
whichever is the greatest
Minimum Rear Yard
7.6 m (25 ft)
Maximum Lot Coverage
35%
Building/Structure Height
15.3 m (50 ft)
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Town of Sackville
Zoning By-law No. 244
PART 15: INDUSTRIAL/BUSINESS PARK ZONE: IND
15.1 Permitted Uses
a)
Any land, building or structure may be used for the purposes of, and for no
other purpose one or more of the following main uses:
i)
Contractor's establishment, including storage yard
ii)
Subject to Subsection (d), an industrial establishment
iii)
Machine shop
iv)
Office directly connected with a use permitted by this Section
v)
Railway lines or a spur line
vi)
Restaurant
vii)
Service or Sales Industry
viii)
Trucking and transport depot and warehouse
ix)
Warehouse or Storage Establishment, or
x)
A Manufacturing and/or Processing Establishment
xi)
Existing Residential
xii)
A Small Scale Wind Turbine
xiii)
Hotels/Motels
xiv)
standard or micro-cultivation (By-law 244-H)
b)
A secondary use as open storage for use mentioned in Subsection a).
c)
Any accessory building, structure or use incidental to the main use of the
land, building or structure if such main use is permitted by this Subsection.
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Town of Sackville
Zoning By-law No. 244
d)
A use mentioned in Subsection 15.1 a) ii) is subject to the condition that
all developments meet minimum requirements of the Department of
Environment.
15.2 Zoning Requirements
a)
Any permitted use in any Industrial/Business Park (IND) Zone must comply
with the following regulations:
(By-law 244-C)
b)
Development of Industrial zoned lands shall connect to municipal services
where available. (By-law 244-M)
c)
Despite subsection b), development of Industrial zoned lands where
municipal services are not available, may be developed if:
i)
on-site services are provide in compliance with applicable provincial
regulations for those services; or
ii)
arrangements have been made with the Town to extend municipal
services to the development.
(By-law 244-M)
d)
Despite any other provision of this By-law, private sewage or wastewater
treatment lagoons shall not be permitted in the industrial zone.
(By-law 244-M)
Industrial/Business Park (IND) Zone
Minimum Lot Size
1393.5 sq m (15000 sq ft)
Minimum Lot Frontage
30.5 m (100 ft)
Minimum Front or Flankage Yard
9.2 m (30 ft)
Minimum Side Yards
9.2 m (30 ft)
Minimum Rear Yard
9.2 m (30 ft)
Maximum Lot Coverage
50%
Building/Structure Height
a) Industrial Occupancy Buildings
b) Commercial and Accommodation Buildings
Unlimited
12.2 m (40 ft)
15.3 Accessory Buildings and Structures
No accessory building or structure may:
a)
Exceed two stories or 7.3 metres in height;
b)
Be placed, erected or altered so that it is within:
i)
the front yard of the main building structure; or
ii)
6.1 metres (25 ft) of a side lot or a rear lot line.
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Town of Sackville
Zoning By-law No. 244
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Town of Sackville
Zoning By-law No. 244
PART 16: AGRICULTURE/CONSERVATION ZONE: A/C
16.1 Uses
a)
Permitted Uses
Any land, building or structure may be used for the purposes of, and no
other purpose:
i)
Agricultural uses
ii)
Dykeland/dykes/aboiteaux rehabilitation
iii)
Wildlife reserves
iv)
Existing Residential
v)
A Small Scale Wind Turbine
vi)
Wind Farms
vii)
Research/Conservation
viii)
Ecotourism
ix)
micro-cultivation (By-law 244-H)
b)
The following main and/secondary uses are permitted subject to the terms
and conditions as may be imposed by the Planning Review and Adjustment
Committee and/or related government departments:
i)
Expansion of existing non-agricultural structures
c)
Any accessory building, structure or use incidental to the main use of the
land if such main use is permitted by this Section.
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Town of Sackville
Zoning By-law No. 244
16.2 Zoning Requirements
a)
Any permitted use in any Agriculture/Conservation (A/C) Zone must comply
with the following regulations:
b)
Any building other than a dwelling shall be located 3 metres (10 ft) from a
side yard.
16.3 Watershed Management
Within the designated watershed, and subject to Subsection 16.4, a residential
dwelling within 75 metres from the bank of the watercourse, brook, river, lake, etc.
setback will be subject to:
a)
Sewerage Disposal Systems
i)
If the septic system is within 75 metres of the bank of a watercourse
(brook, river, lake, etc.), you may replace or upgrade an existing
sewage disposal system on a residential property. The work must
not involve converting a detached dwelling unit into a multiple unit
dwelling, or increasing units in a multiple unit dwelling.
Agriculture/Conservation
(A/C) Zone
A/C Serviced
A/C Unserviced
Minimum Lot Size
538.8 sq m
(5800 sq ft)
As regulated by
Dept. of Health
Minimum Lot Frontage
18.3 m (60 ft)
As regulated by
Dept. of Health
Minimum Front or Flankage Yard
7.6 m (25 ft)
7.6 m (25 ft)
Minimum Side Yard
a) Major
b) Minor
2.75 m (9 ft)
1.2 m (4 ft)
3 m (10 ft)
3 m (10 ft)
Minimum Rear Yard
7.6 m (25 ft)
7.6 m (25 ft)
Maximum Lot Coverage
50%
50%
Building/Structure Height
9.2 m (30 ft)
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Town of Sackville
Zoning By-law No. 244
ii)
A sewerage disposal system cannot be installed to service a
nonresidential building that presently has no sewerage disposal
facilities.
iii)
A sewerage disposal system can be undertaken provided it meets the
standards set by the Health Act for a residential dwelling outside the
setback area (75 metres). These standards require that any new septic
tank be located at least 90 metres from a designated watercourse,
and its disposal field at least 75 metres from the watercourse.
b)
Land Disturbances
i)
A landscaping activity that involves disturbing the ground within 30
metres of a watercourse will require that a Watercourse Alteration
Permit be obtained.
ii)
Fertilizers cannot be used within 15 metres of a designated watercourse
provided that the garden is not intended for commercial purposes.
iii)
To prevent erosion, no trees can be cut or removed within 15 metres
of a designated watercourse.
iv)
When tilling a slope steeper than 5:1, you must construct diversion
terraces.
16.4 Wellfield Protection
Within the designated Wellfield Protection Area, all development must comply with
the Wellfield Protection Order made under the Clean Water Act and the regulations
of this By-law. The more stringent regulation shall apply.
PART 17: INTENSIVE RESOURCE ZONE: IR (By-law 244-J)
17.1 Uses
a)
Permitted Uses
Any land, building or structure may be used for the purpose of, and no
other purpose:
i)
Abattoir
b)
Any accessory building or structure incidental to the main use of the land,
building or structure if such main use is permitted by this subsection.
17.2 Zoning Requirements
Any permitted use in any Intensive Resource Zone (IR) must comply with the
following regulations:
a)
A minimum separation distance of 100 meters shall be maintained between
an abattoir and a dwelling unit;
b)
All storage and activities associated with the abattoir must be located
inside a building or structure.
c)
The developer of an abattoir proposing to utilize municipal services shall
provide, at the expense of the developer, an Influent and Effluent Study
prepared by a New Brunswick licensed engineer of the effect of the
development on the Municipal Wastewater System which shall include, but
not be limited to, any additional flows and concentration levels to ensure
quantity and quality limits are not exceeded.
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Town of Sackville
Zoning By-law No. 244