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Community of THREE RIVERS
RURAL PLAN
By-law No. 2026-09
Community of Three Rivers
RURAL PLAN BY-LAW
Under the
COMMUNITY PLANNING ACT
BY-LAW NO. 2026-09
COMMUNITY OF THREE RIVERS RURAL PLAN BY-LAW
BY-LAW No. 2026-09
PART A: RURAL PLAN - TITLE AND AREA DESIGNATION
PART B: RURAL PLAN
1
SECTION 1 - INTRODUCTION
1
1.1 Background
1
1.2 Goals
2
SECTION 2 - POLICIES AND PROPOSALS
4
2.1 Residential
5
2.2 Commercial
9
2.3 Industrial
13
2.4 Institutional
16
2.5 Recreational Facilities and Public Open Space
18
2.6 Natural Resources
21
2.7 Protection of Water Supplies
23
2.8 Heritage Buildings and Sites of Historical or Archaeological Interest
26
TABLE OF
CONTENTS
2.9 Conservation of the Physical Environment
28
2.10 Stormwater
31
2.11 Sewage Collection and Treatment
32
2.12 Utility and Energy Developments
33
2.13 Agriculture and Food Security
34
2.14 Particular Development Proposals
36
2.15 Amendments and Conditional Uses
38
PART C: ZONING PROVISIONS
40
SECTION 1 - DEFINITIONS
40
SECTION 2 - SCOPE AND INTERPRETATION
56
2.1 Purpose
56
2.2 Classification
56
2.3 Interpretation of Zoning Boundaries
56
2.4 Powers of the Council
57
2.5 Powers of the Planning Review and Adjustment Committee
59
2.6 Amendments
59
2.7 Planning Applications and Fees
60
2.8 Conformity
61
2.9 Development Permits
61
SECTION 3 - GENERAL PROVISIONS
63
3.1 Meeting By-law Requirements
63
3.2 Connection to Sewage Disposal Systems
63
3.3 Frontage on Street
63
3.4 Size and Number of Dwellings on a Lot
63
3.5 Existing Buildings
64
3.6 Undersized Lots
64
3.7 Accessory Buildings
65
3.8 Height Regulations
65
3.9 Vehicle Bodies
66
3.10 Distance from Watercourses
66
3.11 Reduced Frontage on a Curve
66
3.12 Sight Triangle
67
3.13 Permitted Encroachments
67
3.14 Parking Requirements
68
3.15 Fences
70
3.16 Reduced Setbacks
70
3.17 Residential Development Near a Lagoon or Treatment Plant
71
3.18 Enclosures for Swimming Pools
71
3.19 Uses Prohibited in Certain Yards
73
3.20 Daycare Centre
73
3.21 Home Occupation
73
3.22 Wind Energy Production Systems
76
3.23 Camps
76
3.24 Kennels
76
3.25 Campgrounds
76
3.26 Salvage Yards or Recycling Depot
77
3.27 Commercial Use Standards
78
3.28 Landscaping Requirements
78
3.29 Utility Uses
79
3.30 Keeping of Hens
79
3.31 Mini Homes
80
3.32 Accessory Dwelling Unit
80
3.33 Development Near Rail Lines
81
3.34 Signs
81
3.35 Development in Agricultural Areas
84
SECTION 4 - ZONES
85
4.1 Residential Serviced (RS) Zone
85
4.2 Residential Rural (RR) Zone
88
4.3 Central Commercial (CC) Zone
90
4.4 General Commercial (GC) Zone
93
4.5 Industrial (I) Zone
96
4.6 Rural Area (RA) Zone
99
4.7 Agricultural (A) Zone
101
4.8 Resource Development (RD) Zone
103
4.9 Intensive Resource Development (IRD) Zone
106
4.10 Community Use (CU) Zone
108
4.11 Open Space Conservation (OSC) Zone
110
4.12 Water Protection (WP) Zone
111
4.13 Dwelling Group (DG) Zone
113
4.14 Infill Overlay (IF) Zone
116
4.15 Intedgrated Development (ID) Zone
117
1.1
Background
Effective January 1, 2023, the former Village of Petitcodiac was amalgamated with the
Local Service District of Elgin Centre, portions of the Local Service District of Elgin Parish,
of Salisbury and of Cardwell to form the Community of Three Rivers. New Brunswick
Regulation 2022-50, adopted under the Local Governance Act lists the Community of
Three Rivers as a Village.
This Rural Plan for the Community of Three Rivers has been prepared by Plan360, the
Southeast Regional Service Commission, at the request and under the direction of the
Council of the Community of Three Rivers. This Rural Plan is a consolidation of the former
Village of Petitcodiac Rural Plan By-law 60 and the Westmorland Albert Rural Plan Regulation
21-WAP-069-00 for the newly amalgamated municipality.
This Rural Plan will guide the development of the Community of Three Rivers by creating the
opportunities to have sufficient and diverse mix of housing types, encouraging employment
through economic development opportunities, and supporting a full range of amenities for
residents of all ages.
1
PART B
RURAL PLAN
SECTION 1
INTRODUCTION
1.2
Goals
This Rural Plan will be in effect for a period of approximately 20 years and will be reviewed
every 10 years. Following the procedures set out in the Community Planning Act and the
information contained in the Background Report, the following goals have been established
for the Rural Plan:
a) To ensure adequate and up-to-date planning mechanisms are in place to regulate
development and create a healthy and sustainable environment.
b) To encourage residential development and provide a full range of housing types to
accommodate current and new residents and guide residential growth in a sustainable
way that maximizes infrastructure use by directing new development to serviced areas
of the Community or along existing infrastructure.
c) To encourage commercial development, particularly in the Community core and around
the Route 1 interchange.
d) To encourage the growth of existing industries and zone lands for the development of
new industry and to maintain control over the type and location of intensive commercial
and industrial development to protect residents from potential land use conflicts.
e) To maintain and enhance institutional and recreational facilities, particularly the
concentration of institutional and recreation uses developed on the north side of Corey
Avenue.
f) To facilitate continued agricultural and forestry operations.
g) To protect the Community's future water supply area.
h) To protect and enhance environmental assets by limiting future development in areas
of the community that are vulnerable to the effects of flooding and climate change.
2
i) To embrace rural living and ensure a rural quality of life recognizing that resource
development and the productive use of land in rural New Brunswick are key economic
drivers of the local economy.
j) To ensure that impacts of development to the natural environment (such as air, water,
and land resources, including agriculture) are minimized.
k) To provide guidelines for adapting to climate change impacts such as extreme weather
events, flooding, and erosion.
l) To enable the development and growth of nature-based recreation and tourism
opportunities.
m) To preserve heritage assets and sites of historical importance.
3
This component of the Rural Plan establishes appropriate policies and proposals that
Council considers necessary to sustain growth and development within the Community.
Policies may be viewed as statements of general intent that are broad based, but which
establish adequate direction for zoning provisions and implementing other mechanisms
that Council may consider.
Proposals are specific statements that the municipality may undertake to implement
or achieve the policy objectives. In many cases, proposals relate directly to the zoning
provisions provided in Part C. The following policies and proposals are intended to achieve
Council's goals as outlined above.
4
PART B
RURAL PLAN
SECTION 2
POLICIES AND PROPOSALS
2.1
Residential
The Community of Three Rivers population has fluctuated over the years but has seen
moderate growth in recent years. Recent demographic trends suggest an increase in the
number of senior citizens and young children. Council wishes to continue to encourage
population growth to sustain the community and its institutions and businesses. This will
require provision for a range of housing types, including not only single-family homes but
also small apartment structures and specialized buildings for senior citizens.
Since 2005, the Village added a new sewage lagoon and upgraded the existing lagoon
to a polishing pond. As a result, the public sewer system has been extended to serve
most of the residential and business population, primarily within the former Village of
Petitcodiac, allowing for more concentrated residential growth. However, development in
the community continues to rely on private wells for its water supply and outside of the
serviced area of the former Village of Petitcodiac, on private septic systems.
5
The CN railway that runs through the middle of the Village has historically been an asset and
contributed to the Community's growth. Recent CN guidelines suggest that new residential
development near rail lines should maintain setbacks from railways both for safety reasons
and to limit nuisance associated with noise.
Policies
2.1.1 It is a policy to encourage residential development within the capacity of existing
or planned municipal infrastructure as outlined in Schedule B: Boundary and
Servicing Map.
2.1.2 It is a policy to ensure the provision of a broad range of housing types to meet
the diverse needs of residents and allow community members to remain in the
Community throughout their lives.
2.1.3 It is a policy to maintain and enhance the existing residential character and direct
future residential development to the area of the Community that is serviced by public
sewer as outlined in Schedule B by establishing a Residential Serviced (RS) Zone.
2.1.4 It is a policy to establish a Residential Rural (RR) Zone to maintain and enhance the
existing small lot residential uses outside of the area serviced by public sewer while
encouraging residential development in the former Village of Petitcodiac boundary.
6
2.1.5 It is a policy to work with the rail industry to promote safety along rail lines and
establish minimum setbacks for new residential development in proximity to rail
lines.
2.1.6 It is a policy to establish subdivision standards to discourage inefficient land use
patterns in rural areas.
2.1.7 It is a policy to create an Infill Overlay zone that abuts existing public roads to permit
new lots that meet the municipal standards without requiring new infrastructure.
2.1.8 It is a policy that subdivisions located outside the Infill Overlay zone shall be
developed with larger lots to maintain the character of the rural area and cater to a
rural lifestyle.
2.1.9 It is a policy to establish standards for residential development in areas affected by
flooding.
2.1.10 It is a policy to encourage residential developments to locate away from resource-
based uses including agriculture to limit potential conflicts related to noise, smell
and environmental impacts.
2.1.11 It is a policy that when considering proposals to rezone properties to the Residential
Rural Zone or a development requiring a new public road, the following shall be
considered:
i) Impact on drinking water supplies
ii) Proximity to existing resource-based uses
iii) Proximity to municipal borders
iv) Provision of community amenity space
v) Drainage
7
8
vi) Road network connectivity
vii) Other considerations deemed appropriate
2.1.12 It is a policy to permit an attached accessory dwelling unit or a garden suite as a
secondary use to a single unit dwelling to encourage affordable housing options,
allow seniors to live near family while maintaining independence, and provide a
modest source of revenue for homeowners.
Proposals
2.1.13 In locations where public sewer services cannot, or are not intended to be provided,
and where groundwater availability is adequate, Council proposes to permit
residential development subject to minimum lot standards.
2.1.14 It is proposed to allow home-based business in conjunction with single unit dwellings
to encourage a diversified local economy.
2.1.15 It is proposed to permit the keeping of a limited number of hens in Residential
zones.
2.2
Commercial
The Community of Three Rivers is fortunate to have a strong traditional Village core. The
Village core encompasses Main Street and River Road from Old Post Road to Spring Street.
The core is an important feature of the community providing easily accessed goods and
services, as well as employment for many residents. In addition to the core on Main Street,
significant commercial development extends from Main Street along the Old Post Road to
King Street.
Furthermore, economic opportunities exist on the Route 1 Interchange, where a highway
commercial node of services catering to both locals as well as the traveling public has
developed over the years. Council wishes to expand on these opportunities as they
complement the traditional business located in the community core.
9
Policies
2.2.1 In respect of the established settlement pattern and to serve the needs of local
residents and travelling public, it is a policy to direct the location of commercial
development to the established Village core as well as the Route 1 interchange.
2.2.2 It is a policy to establish a Central Commercial (CC) Zone as shown on attached
Schedule "A". Future Central Commercial development may be considered through
the rezoning process for lands within or abutting the Village core.
2.2.3 It is a policy to establish minimal setbacks in the Central Commercial Zone in order
to preserve the traditional streetscape and enhance the pedestrian realm.
2.2.4 It is a policy to encourage the continued enhancement of the Village core through
public art and streetscaping projects.
2.2.5 It is a policy to establish a General Commercial (GC) Zone as shown on attached
Schedule "A". Future highway commercial development may be considered through
the rezoning process on properties abutting the Route 1 Interchange and portions
of roads providing immediate access to Route 1.
2.2.6 It is a policy that intensive commercial uses that require large areas and/or create
nuisances should locate in areas away from residential areas.
10
2.2.7 It is a policy to direct the development of vehicle-oriented uses to the vicinity of the
Route 1 Interchange.
2.2.8 It is a policy to control the type and location of intensive commercial developments
within the planning area by considering potential impacts upon surrounding lands.
Proposals
2.2.9 In considering rezoning to the Central Commercial (CC) or General Commercial (CG)
Zones, it is proposed to have regard for:
a) impact on established residential areas;
b) proximity to existing commercial zones;
c) the location and access to off street parking and the design of the parking lot
layout and stormwater management;
d) provisions for adequate site grading and landscaping in respect of the impact on
neighbouring properties;
e) the design of the proposed development in terms of:
i) building height,
ii) setback,
iii) building separation distances,
iv) the availability of adequate water supply, and
v) the availability and adequacy of municipal services.
11
2.2.10 It is proposed to allow home-based businesses in single unit dwellings to encourage
a diversified local economy.
2.2.11 It is proposed in order to increase accessibility to the community core to maintain
public parking spaces.
12
2.3
Industrial
Historically, the Community's industrial base was mainly focused around Fawcett's
lumberyard and sawmill in the former Village of Petitcodiac. Industrial uses are now
primarily located near the Route 1 interchange. Due to the Community's proximity to a rail
line as well as two major highways, Three Rivers shows potential to be a transportation hub
for various industries. There have long been plans for a small-scale industrial park abutting
the rail line and Plantation Road. While development of these lands has been limited, it is
in the Community's interest to continue to preserve an area away from residential zones
for future industrial growth.
13
Policies
2.3.1 It is a policy to ensure the continued orderly development of industrial operations
in a way that reduces conflict with residential areas.
2.3.2 It is a policy to establish an Industrial (I) Zone as shown on the attached Schedule "A"
to guide future industrial development in appropriate locations. Future industrial
development may be considered through the rezoning process.
Proposals
2.3.3 In considering rezoning to the Industrial (I) Zone, it is proposed Council have regard for:
a) separation from established residential areas;
b) access to arterial roadways and/or railway sidings;
c) the activity meets all Federal and Provincial legislation;
d) the location and access to off street parking and the design of the parking lot
layout and stormwater management;
e) provisions for adequate site grading and landscaping in respect of the impact on
neighbouring properties;
f) the lands are serviced by a Provincially approved water and sewer system if
required; and
g) the design of the proposed development in terms of:
i) building height,
ii) setback,
14
iii) building separation distances,
iv) the availability of adequate water supply, and
v) the availability and adequacy of municipal services.
2.3.4 It is proposed that rezonings to Industrial on or adjacent to lands zoned as Open
Space Conservation, Water Protection, or Residential be discouraged.
15
2.4
Institutional
The Community of Three Rivers benefits from the presence of places of worship, a regional
school, as well as fire, ambulance, and medical services. These institutions are important
to the comfort and security of residents and an attraction to potential residents and
businesses. Council intends to encourage the preservation, protection, and augmentation
of institutional uses in the Community.
In so doing, Council recognizes that while institutional uses are a desirable complement
to other land uses in the community, larger institutional buildings may have impacts on
other nearby land uses. These impacts are like commercial uses and may include traffic and
parking, aesthetics, and noise.
16
Policies
2.4.1 It is policy to encourage the maintenance and enhancement of existing Institutional uses.
2.4.2 It is policy to establish a Community Use Zone for existing Institutional uses as
shown on the attached Schedule "A".
2.4.3 It is policy to permit new Institutional uses in all zones subject to terms and
conditions imposed by the Committee.
Proposals
2.4.4 It is proposed to direct the Committee, when considering the imposition of terms
and conditions, to have regard for the following:
a) impact on established residential areas;
b) proximity to existing institutional and open space uses;
c) the location and access to off street parking and the design of the parking lot
layout and stormwater management;
d) provisions for adequate site grading and landscaping in respect of the impact on
neighbouring properties;
e) the design of the proposed development in terms of:
i) building height,
ii) setback,
iii) building separation distances,
iv) the availability of adequate water supply, and
v) the availability and adequacy of municipal services.
17
2.5
Recreational Facilities and Public Open Space
According to the National Framework for Recreation, recreation fosters wellbeing of
individuals, communities, as well as the built and natural environments. "Quality of Life" can
be defined in terms of leisure pursuits and quality active/passive recreational services, all
of which enhance the Community's ability to be healthy as well as to attract new residents.
Recreation facilities and open spaces have been a key asset of the Community of Three
Rivers. The Community is fortunate to have an excellent array of recreation facilities and to
have major facilities concentrated together on Corey Avenue.
This concentration of institutional and recreational assets encourages integrated use of
these properties, and efficiency in operations and maintenance. Continued development
of the area is an important priority for Council. It is the objective of Council to encourage
additional recreation uses to be developed in the area, including structures required for
the Westmorland County Fair.
18
The Community has also developed several trails as part of its recreation strategy, including
the Waterfowl Trail along the Petitcodiac River, as well as ski and snowshoe trails in the
Holmes Brook area. Multi-use trail development should remain a priority to provide
additional year-round outdoor opportunities to citizens.
Policies
2.5.1 It is a policy to provide for the continued expansion and intensification of community
and recreation facilities on the north side of Corey Avenue.
2.5.2 It is a policy to be permissive as to the location of new parks and passive recreation
uses within the Community.
2.5.3 It is a policy to require the dedication of land for public purpose or cash in lieu in
accordance with the subdivision approval process as prescribed in the Subdivision
By-law.
2.5.4 It is a policy to prepare a comprehensive trail development plan prior to developing
a trail network.
2.5.5 It is a policy to encourage a range of recreation and tourism uses within the
Community subject to zoning provisions.
2.5.6 It is a policy to encourage tourism development that supports the continued
development of recreational infrastructure.
19
20
2.5.7 It is a policy that passive recreation uses such as trails and parks shall be permitted
in all zones.
2.5.8 It is a policy that campgrounds, including non-traditional forms of traveller
accommodation, shall be permitted in the General Commercial, Rural Area,
Agricultural, Resource Development and Intensive Resource Development zones
subject to terms and conditions including:
a) Impact on the natural environment;
b) Impact on neighbouring properties in terms of noise and traffic; and
c) Public safety.
Proposals
2.5.9 It is proposed to work with regional partners to implement the appropriate
recommendations of the Regional Recreation Plan.
2.5.10 It is proposed to capitalize on natural assets by encouraging development of
recreation-based businesses and opportunities.
2.5.11 It is proposed that a trail network be developed to connect community nodes within
the Planning Area to each other as well as to the larger trail network throughout
the Southeast Region to encourage active transportation, healthy lifestyles, and
tourism opportunities.
2.5.12 It is proposed to encourage developers to consider trail connectivity for
developments along existing or planned trail corridors as outlined in the Regional
Recreation Master Plan.
2.6
Natural Resources
Large portions of the Community of Three Rivers are used for agriculture or forestry. These
activities are recognized as contributing to the character and economy of the Community.
Council wishes to continue to encourage agriculture and forestry, as well as other resource
uses with appropriate restrictions to reduce conflict with residential uses and minimize
environmental impacts.
Policies
2.6.1 It is policy to facilitate continued agricultural and forestry activities in the rural areas
of the Community.
2.6.2 It is policy that development on Crown land be consistent with Section 129 of
the Act.
21
2.6.3 It is a policy to require resource-related developments to employ best management
practices to minimize environmental degradation in the Community.
2.6.4 It is a policy that pits and associated uses shall be considered Resource Developments
and shall be zoned as such.
2.6.5 It is a policy to recognize that temporary mobile asphalt plants used on a seasonal
as-needed basis are considered a resource extraction use.
2.6.6 It is a policy to recognize that quarries that employ blasting, permanent asphalt
plants, and landfills are intensive land uses with respect to heavy truck traffic, noise,
and air and water quality, and are not compatible with residential and conservation
uses. As such, these uses shall be considered on a case-by-case basis through a
specific proposal rezoning to the Intensive Resource Development zone.
2.6.7 It is a policy that quarries that employ blasting are subject to appropriate Provincial
government approvals to operate.
22
2.7
Protection of Water Supplies
All residences in the Community of Three Rivers rely on water obtained from private wells
on their property. Most residents have acceptable quantity and quality of water, although
some occasionally encounter problems with impurities. For the foreseeable future
individual wells will continue to be the primary source of water and development should
be pursued only where adequate water supply is available and only at a scale that will not
jeopardize the adequate supply of water to other properties.
The Community owns 136 acres around Holmes Brook southwest of Route 1 for eventual
development of a municipal water supply. A study has been done concerning the feasibility
of developing a municipal water system. Although there is no imminent requirement to
proceed with development of a municipal wellfield, the land should be protected for this
purpose. In the short-term, the Community will manage the land it holds as a protected area.
As protected land, the area can also be used for passive recreation uses, including limited
23
trails development. When the Community proceeds to develop the area as a municipal
wellfield, it should be prepared to designate and zone all lands influencing the prospective
water supply consistent with the New Brunswick Wellfield Protected Area Order.
Policies
2.7.1 It is a policy to manage lands owned by the Village around Holmes Brook by zoning
them Water Protection as a potential water supply area for its future use as a
community wellfield.
2.7.2 It is a policy to create a Water Protection zone permitting limited development
activities, as per the Clean Water Act.
2.7.3 It is a policy to maintain water quality and flood protection by controlling
development on lands adjacent to wetlands and watercourses subject to the Clean
Water Act;
2.7.4 It is a policy that any water bottling operation shall be considered an Intensive
Resource Development and shall be zoned as such.
2.7.5 It is policy that a Water Assessment Study shall be carried out when the following
uses are requested:
a) multiple unit dwellings over four units;
b) residential care facilities;
c) clinics;
d) schools;
e) campgrounds;
f) dwelling group developments;
24
g) subdivisions involving 5 or more lots; and
h) any other uses determined by the Development Officer, in conjunction with the
Public Works Department, to consume larger quantities of water.
Proposal
2.7.6 It is proposed to map and rezone properties to the Water Protection zone once a
wellfield has been established.
25
Although numerous fires have reduced the number of historic structures in the Community
core, some key buildings remain. A greater proportion of older homes and churches have
survived on blocks surrounding the Village core, most notably on Church Street. However,
no inventory of heritage resources has been compiled for the former Village of Petitcodiac.
When undertaking the renovation or redevelopment of heritage properties, every effort
should be made to preserve the character of these heritage assets.
Policies
2.8.1 It is a policy to work with developers to protect, maintain, and restore heritage
assets within the Community.
2.8.2 It is a policy to encourage the redevelopment, transition, or modification of existing
heritage buildings into any use permitted in the zone in which the building is
situated, subject to requirements of the National Building Code.
2.8
Heritage Buildings and Sites of Historical or Archaeological Interest
26
Proposals
2.8.3 It is proposed that heritage sites and buildings within the Community be identified
and documented.
2.8.4 It is proposed that research be undertaken to develop a heritage trail that would
connect heritage and historical sites in the region.
27
2.9
Conservation of the Physical Environment
Several watercourses flow through the Community of Three Rivers, including the
Pollet River, North River, the Anagance River, Holmes Brook, O'Blenis Brook, and, most
significantly, the Petitcodiac River. The Petitcodiac, into which the other four watercourses
feed, drains much of Southeastern New Brunswick. The recent removal of the Petitcodiac
River Causeway in Moncton is returning the river to its natural state; however, continued
studies of the ongoing changes to the River are recommended. Work of the Petitcodiac
Watershed Alliance and the Petitcodiac Riverkeeper is supported by the Community to
continue active restoration of the River.
New technology has allowed for more accurate floodplain mapping, which is reflected on
the Zoning Map. In the interest of ensuring that construction does not alter the floodplain
and to help protect the River from siltation and/or contamination from other pollutants,
notably petroleum products, Council has established watercourse setbacks within the
former Village of Petitcodiac limits for buildings in which no construction shall be allowed. In
28
addition to reducing runoff of soil sediment, nutrients, and pesticides, watercourse buffers
will also help lower water temperatures, increase dissolved oxygen, and provide additional
habitat for fish and wildlife. These buffers should be provided on the banks of each river
or brook within the Community's boundaries. Outside the former Village boundaries,
provincial regulations shall continue to apply.
Policies
2.9.1 It is a policy to establish an Open Space Conservation Zone to restrict development
within environmentally sensitive areas of the former Village boundary at risk of
flooding and lands held in trust by conservation entities.
2.9.2 It is a policy to impose setbacks from watercourses and wetlands based on the most
recent and accurate mapping available at the time of application.
2.9.3 It is a policy, where no alternatives are available, to consider variances to setbacks
identified in 2.9.2 in consultation with Provincial agencies provided that the
application is deemed reasonable and demonstrates how the environmental impact
of the proposed development will be mitigated.
2.9.4 It is a policy that existing buildings within the required watercourse and wetland
setback may be enlarged, reconstructed, repaired, or renovated if the requirements
of this By-law are not further compromised and the development does not further
encroach into the setback.
2.9.5 It is a policy that where discrepancies are identified between the mapping and site
level analysis and in consultation with the Province, the Development Officer may
waive the setback requirements for the proposed development.
2.9.6 It is a policy to encourage landowners to preserve, restore, and create new wetlands
on their properties.
2.9.7 It is a policy to recognize that impacts associated with climate change have occurred
and will continue to present a significant risk to the Community of Three Rivers.
29
2.9.8 It is a policy to identify areas at risk due to flooding and follow the proposed
adaptation measures for a 1-in-100-year storm event in 2100 to reduce the impact
of climate change on the Community.
2.9.9 It is policy to adopt best adaptation practices for buildings and public infrastructure
by considering climate change in the design and planning phase of project
development.
2.9.10 It is a policy to use the latest scientific climate data when developing standards with
regards to exposure to flooding, and damage to drinking water supplies and the
natural environment.
Proposals
2.9.11 It is proposed to develop flood hazard mapping to educate residents, landowners
and developers to identify areas at risk from flood hazards and provide guidance on
adaptation strategies.
2.9.12 It is proposed to use the latest research to support conserving biodiversity and
natural land connectivity.
30
2.10
Stormwater
Policy
2.10.1 It is a policy to encourage landowners to preserve, restore, and create new wetlands
on their properties.
Proposal
2.10.2 It is proposed to undertake stormwater master plans for Central Commercial zones
to ensure future development does not negatively impact adjacent properties or
the municipal stormwater system.
31
2.11
Sewage Collection and Treatment
Policies
2.11.1 It is a policy to protect the public health and safety of residents by maintaining and
operating sewage collection and treatment systems in Three Rivers.
2.11.2 It is a policy to ensure the quality of life of the residents, to control environmental
pollution, and to do so in a manner that does not create an undue fiscal hardship to
the Local Government.
32
2.12
Utility and Energy Developments
Utilities are a necessity of modern living and can be particularly important in rural areas
where some public services are sparsely available. Further, given global concerns of climate
change and depletion of finite energy resources, and the growing opportunities to develop
renewable energy sources which often require large tracts of land, it is appropriate that rural
areas in the Community allow for such types of development which may otherwise conflict
with dense residential development closer to the Village core. The challenge is to respond
to changing technologies and opportunities by remaining flexible and permissive while
not negatively impacting existing rural land uses. The goal is to permit renewable energy
development in a manner that is compatible with existing and future rural development.
Policies
2.12.1 It is a policy to recognize the importance of utility services in the Community and to
permit utilities in all zones.
2.12.2 It is a policy that renewable energy sources including, but not limited to wind and
solar energy, shall be encouraged throughout the Planning Area provided it is to
the appropriate scale. The appropriate scale shall be determined through general
provisions contained within this Rural Plan.
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2.13
Agriculture and Food Security
Food security is a key issue for New Brunswick. The challenge is that local agricultural
activities are often hampered by encroaching development which permanently removes
farmland from production. The goal is to encourage the development of new agricultural
activities, permit continuance of existing farming uses, and protect scarce agricultural lands
from future development and land use conflicts.
Policies
2.13.1 It is a policy to identify agricultural land through the establishment of an Agriculture
(A) zone.
2.13.2 It is a policy to recognize areas with concentrated agricultural development, as
demonstrated on the Zoning Map as key generators of local food production.
2.13.3 It is a policy to develop provisions to deter use of Agricultural zoned land for non-
agricultural development.
2.13.4 It is a policy to establish minimum setback distances for new dwellings adjacent to
existing agricultural uses.
2.13.5 It is a policy that all new livestock facilities shall be screened through the Livestock
Operations Act to limit potential land use conflicts.
2.13.6 It is a policy to follow standards as established in the Livestock Operations Act in
the siting of new livestock buildings, and to establish minimum setbacks for new
livestock buildings which are exempt from the Livestock Operations Act.
2.13.7 It is a policy to permit the on-site slaughter of animals in conjunction with an
active agricultural use, while recognizing independent industrial-scale abattoirs as
Intensive Resource Developments and zoning them as such.
34
2.13.8 It is a policy to encourage backyard food production in all residential zones.
2.13.9 It is a policy to permit roadside stands and on-site agricultural processing in
appropriate zones in the planning area to encourage support for food producers
and healthy local food consumption.
2.13.10 It is a policy to recognize that agricultural uses may require multiple dwellings on a
single lot to accommodate seasonal workers.
2.13.11 It is a policy to support agricultural tourism by permitting light commercial uses as
secondary uses in the Agricultural zone.
Proposals
2.13.12 It is proposed that lands registered under the Farm Land Identification Program
(FLIP) and those assessed by Service New Brunswick as agricultural land be zoned
as Agriculture.
2.13.13 It is proposed that the Southeast Regional Service Commission monitor
development trends in agricultural areas and study best practices to limit the loss
of productive agricultural lands in the region.
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2.14
Particular Development Proposals
At times, particular development proposals are made that cannot be predicted or managed
under standard policy. The challenge is that developments such as mini home parks,
bare-land condominiums, and integrated developments generally propose multiple main
buildings on a single lot and require particular attention and additional considerations.
The goal is to include mechanisms in the Rural Plan to permit such developments where
appropriate.
Policies
2.14.1 It is a policy to consider mini home parks and bare-land condominiums as
developments that are subject to a site-specific rezoning to the Dwelling Group Zone.
2.14.2 It is a policy that bare-land condominiums employ environmentally sustainable
development practices including the incorporation of natural features with
regards to:
a) drainage,
b) green space and recreation areas,
c) biodiversity corridors, and
d) topography.
2.14.3 It is a policy that when considering proposals to rezone properties to the Dwelling
Group Zone for a development, the following shall be considered:
a) buffer zones from neighbouring uses,
36
b) provision of water and sewer facilities,
c) separation distances between units,
d) access and road network,
e) parking,
f) emergency services, and
g) garbage collection and snow clearing.
2.14.4 It is a policy to consider integrated developments as a use that is subject to site-
specific rezoning subject to Section 58 of the Act.
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2.15
Amendments and Conditional Uses
From time to time, it may be necessary to consider amendments to the Plan to accommodate
changes in the rural area. In some cases, certain uses in the Plan shall be a particular
purpose in respect of which the Committee may impose terms and conditions or prohibit
the use where compliance with such terms and conditions cannot reasonably be expected.
Policy
2.15.1 It is the policy to recognize the need to consider amendments to the Plan and uses
subject to terms and conditions.
Proposals
2.15.2 It is proposed that, in considering amendments to this by-law and/or the imposition
of terms and conditions, to have appropriate regard for the following matters:
a) that the proposal is in conformity with the intent of this Plan and with the
requirements of all other regulations,
b) that controls are placed on the proposed development where necessary, to
reduce conflict with any adjacent or nearby land uses by reason of:
i) the type of use,
ii) the height, bulk and lot coverage of any proposed building,
iii) traffic generation, access to and from the site and parking,
iv) open storage,
38
v) signs, and
vi) any other relevant matter of planning concern;
c) that the proposed site is suitable in terms of steepness or grades, soil and geological
conditions, location of watercourses, marshes or bogs and susceptibility of flooding
as well as any other pertinent matter of environmental concern;
d) for any proposal within serviced areas with municipal sewer, that there is adequate
capability of the central services to support the development; and
e) that the proposal meets all necessary consideration in respect of public health and
safety and that the site design meets all fire protection and access considerations.
39
In this By-Law, all words shall have the meaning which are assigned to them in accepted
English dictionaries except for the words which are defined as follows:
ABATTOIR means slaughterhouses and any place where cattle, sheep, swine,
poultry, or other animals are killed.
ACCESSORY BUILDING means a detached, subordinate building/structure, 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.
ACCESSORY DWELLING UNIT means a dwelling unit which is secondary to the main
dwelling unit, either contained within or attached to the main dwelling unit; or within a
detached accessory structure or building.
ACCESSORY USE 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.
ACT means the Community Planning Act, and amendments thereto.
ADULT ENTERTAINMENT means a night-club, bar, restaurant, or similar establishment that
regularly features live performances characterized by the exposure of specific body parts.
A
40
PART C
ZONING PROVISIONS
SECTION 1
DEFINITIONS
AGRICULTURAL USE means an agricultural operation as defined in the Agricultural
Operation Practices Act, as well as the production of maple products.
ALTERATION means in relation to a building or structure, to make any structural or other
change that is not for purposes of maintenance only
AMUSEMENT PARK means a facility, primarily outdoors, that may include structures and
buildings, where there are various devices for entertainment including rides, booths for the
conduct of games or sale of items, as well as buildings for shows and entertainment, but
shall not include adult entertainment uses.
AQUACULTURE means the use of land, building or a structure to hatch, raise and breed
fish or other aquatic plants or animals for sale or personal use (may also be considered a
fisheries use)
BARE-LAND CONDOMINIUM means a property containing more than one
detached residential building, other than a mini home park, and registered under
the Condominium Property Act.
BED AND BREAKFAST/TOURIST HOME means a business run by the owner who lives
within the single unit dwelling wherein rooms are rented and meals are served to
overnight guests for commercial purposes.
BUFFER means a spatial separation or setback between a defined use and a property
line using open spaces, landscaped areas or other screening devices which may include
hedges, trees, fences, walls, berms, or any combination thereof used to visually and/or
audibly separate areas or uses.
BUILDING means a type structure, whether permanent or temporary which is roofed
and used for shelter or accommodation of persons, animals, materials, or equipment and
is a building as defined in the Code.
CAMP means a building designed for overnight accommodation which may or
may not provide separate culinary and sanitary facilities, having less than 56.08
m2 that is exclusively intended for temporary seasonal recreational use.
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B
C
CAMPGROUND means an area of land, managed as a unit, providing short-term
accommodation for two or more sites containing such things as tent trailers, travel trailers,
recreational vehicles, cottage clusters, campers, yurts, tents, and other nature-based
accommodation structures. A campground may include one or more of the following
secondary uses: a convenience store, a laundromat, washroom facilities, an office for
the campground, a daycare, a park or playground, a canteen, and cultural and recreation
facilities, subject to the requirements of this by-law.
CANNABIS means cannabis as defined by the Government of Canada, pursuant to the
Cannabis Act.
CANNABIS PRODUCTION FACILITY, INDOOR means the use of a building or structure
for the cultivation, processing, testing, or research of cannabis authorized by a license
issued by Health Canada.
CANNABIS PRODUCTION FACILITY, OUTDOOR means the use of land for the cultivation
of cannabis authorized by a license issued by Health Canada, and does not take place
inside a building or structure.
CEMETERY means land primarily used for internment of human remains and where
chapels, churches, funeral homes, crematoria and related facilities may be incorporated
as accessory uses.
CODE means the National Building Code of Canada adopted by reference in the
regulations, and includes all revisions, errata and corrections to errata issued from time
to time.
COMMERCIAL USE means an occupation, employment, or enterprise, other than a home
occupation, that is carried on for profit and include both intensive and light commercial uses.
COMMERCIAL USE, INTENSIVE means commercial enterprises that are likely to create
a significant impact on the surrounding land uses such as increased traffic congestion,
size of building, outdoor storage, excessive noise, and lighting. Such uses include, but
are not limited to, service stations, large-scale retail or office uses, self-storage units,
transportation centres, and vehicle sales establishment.
42
D
COMMERCIAL USE, LIGHT means a commercial enterprise that is not likely to create a
significant impact on the surrounding area but is purely commercial in nature (i.e., not
associated with a residential use). Such uses include, but are not limited to: restaurants,
retail, offices, service shops, veterinarian clinics, vehicle repair shops, tourism uses and
landscaping businesses.
COMMISSION means the Southeast Regional Service Commission.
COMMITTEE means the Southeast Regional Service Commission's Planning Review and
Adjustment Committee.
COMMON WALL means a wall jointly owned and/or jointly used by two or more parties
or an extension of such a wall which is erected on a line separating two parcels of land
each of which is or is capable of being held in unity of ownership.
CONNECTIVITY means the network of streets, sidewalks, trails, and paths publicly
accessible to vehicles, bicycles, and/or pedestrians.
CONSERVATION USE means an activity or area set apart for the purpose of the
conservation or preservation of natural and/or cultural values.
COTTAGE CLUSTER means the development of two or more buildings on a single lot
intended for tourist accommodation.
DAYCARE CENTRE means a facility in which daycare services are provided as
defined by and operated in accordance with the Family Services 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 except for buildings and
structures remote from the pipeline used for management and administration or
housing or storing of moveable equipment or statutory notices,
43
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 scheme, zoning by-law, 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 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 metre except in
the case of utilities or the laying pipelines defined in the Pipeline Act.
DEVELOPMENT OFFICER means a Development Officer as defined in the Community
Planning Act.
DWELLING means a building, or part of a building containing one or more dwelling
units, but not including a motel, hotel, hostel, or camps, campers or recreational vehicles
designed for seasonal and non-permanent occupation
DWELLING GROUP means two or more buildings containing dwelling units located on
a single lot or adjoining lots that have been designed as a unified development with
respect to the placement of the main buildings and any associated accessory buildings
or structures, amenity spaces, driveways, landscaping, or parking areas and may include
such uses as mini home parks or bare-land condominiums
DWELLING UNIT means a structure used or intended for use by one or more individuals
living as a single housekeeping unit, usually containing a separate kitchen and sanitary
facilities.
DWELLING, SINGLE UNIT means a dwelling containing one dwelling unit
DWELLING, TWO UNIT means a dwelling containing two dwelling units
DWELLING, MULTIPLE UNIT means a dwelling containing three or more dwelling units.
44
F
DWELLING, SEMI-DETACHED means a single unit dwelling attached to another single
unit dwelling by a common above grade wall with each dwelling located on a separate lot.
ENERGY PRODUCTION means an energy source developed for commercial
purposes that is connected to the provincial power network to sell energy to NB
Power or a third party or a domestic energy source that is secondary and/or accessory to
the main use on a lot, which is not operated solely for commercial purposes.
ENTERTAINMENT USE means is a use that involves gatherings of the public in indoor
or outdoor venues that is likely to create a significant impact on the surrounding land
uses such as increased traffic congestion, excessive noise, and light pollution. Such uses
include, but are not limited to amusement parks, paintball facilities, hunting/shooting
ranges, racetracks, and outdoor concert venues. Such uses shall not include Adult
Entertainment as defined in this By-law.
ERECT means to build, construct, reconstruct, alter, locate, or relocate, and, without limiting
the generality of the foregoing, shall be taken to include any preliminary physical operation
such as excavating, grading, piling, cribbing, filling, or draining and structurally altering any
existing building or structure by an addition, deletion, enlargement, or extension.
EVENT VENUE means commercial use of a building, or part of a building, or land as a
place of assembly by the public for special events such as weddings, performances, and
cultural gatherings, but does not include sporting events.
EXISTING means a use legally in existence on the date of the passing of this by-law.
FORESTRY USE means the general growing and harvesting of trees and, without
limiting the generality of the foregoing, shall include the growing, and cutting of
fuel wood, pulp, wood, lumber, Christmas trees and other products. Forestry use includes
a sawmill and woodworking shop.
FUNERAL HOME means an institutional building designed for the purpose of furnishing
funeral supplies and services to the public and includes facilities intended for cremation
or the preparation of the dead human body for internment.
45
E
GARDEN SUITE means a detached accessory dwelling placed or erected in the
rear yard of an existing single unit dwelling lot.
GROSS FLOOR AREA means the aggregate of the floor areas of a building above and
below grade, measured between the exterior faces of the exterior walls of the building
at each floor level but excluding car parking areas within the building.
HABITABLE means an area in a structure for living, sleeping, eating, or cooking.
Maintenance or utility space, parking garages and similar areas are not considered
habitable space.
HEIGHT means the vertical distance between the finished average ground level and the
highest point of the roof surface.
HOME-BASED BUSINESS means a home occupation that takes place entirely within
a dwelling.
HOME INDUSTRY means a home occupation that takes place in an accessory building.
HOME OCCUPATION means a business activity carried out within a residence or
accessory building that:
a) is secondary to the use of the dwelling unit as a private residence,
b) does not create or become a public nuisance with respect to noise, traffic, or
parking.
HOTEL, MOTEL or INN means a building or group of buildings where sleeping
accommodation (with or without meals) is provided to the public.
INDUSTRIAL USE means a use that involves the manufacturing, production,
processing, fabrication, assembly, treatment, repair, packaging, warehousing,
wholesaling, and/or distribution of finished products, predominantly from previously
prepared or refined materials (or from raw materials that do not need refining).
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G
H
I
INSTITUTIONAL USE means the use of land, buildings or structures for a public or not-
for-profit purpose including, but not limited to, schools, residential care facilities, places
of worship, indoor or outdoor recreational facilities, cemeteries, cultural or community
centres, hospitals, and government offices.
KENNEL means any premises where animals, excluding livestock, are kept,
boarded, or bred as a commercial service.
LANDFILL means a waste disposal site approved to operate by the Province.
LANDSCAPING means lawn or ornamental shrubs, and may include paths, patios,
walkways, fountains, reflecting pools, artwork, screens, walls, fences, benches and
existing natural rock or treed areas, but does not include driveways, vehicle ramps, lanes,
parking areas, or space beneath, within or on top of a building.
LIVESTOCK means pigs, horses, cattle, poultry, sheep, goats, llamas, and any other
animal prescribed by the Livestock Operations Act.
LIVESTOCK FACILITIES mean a building used or intended to be used to confine or house
livestock, or a confined non-grazing livestock area, and includes a structure or area used
or intended to be used to store manure.
LOT means any parcel of land which is contained as a separate lot description in a deed
of land or as shown as an approved lot on an approved plan of subdivision filed in the
registry office.
LOT AREA means the total horizontal area within the lot lines of a lot.
LOT, CORNER means a lot situated at the intersection of, and abutting on, two or more
streets.
LOT COVERAGE means the total area of the lot covered by buildings and accessory
buildings and structures.
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K
L
LOT FRONTAGE means the horizontal distance between the side lot lines as measured
along the front lot line. In the case of a corner lot, the front and flankage lot lines shall
be deemed to extend to their hypothetical point of intersection for the purpose of
calculating the frontage.
LOT, THROUGH means a lot bounded on two opposite sides by streets or highways
provided, however, that if any lot qualifies as being both a corner lot and a through lot
as herein before defined, such lot shall be deemed to be a corner lot for the purpose of
this By-law.
LOT LINE means a common line between a lot and an abutting lot, lane or street, or a lot
line as designated and registered as the legal boundaries at the registry office.
LOT LINE, FRONT means the cumulative lines common to a lot on an abutting street. In
the case of a corner lot, the shorter side shall be considered the front.
LOT LINE, REAR means the lot line farthest from or opposite to the front lot line.
LOT LINE, SIDE means a lot line other than a front, flankage, or rear lot line.
LOT LINE, FLANKAGE means a side lot line, which abuts the street on a corner lot.
LOT WIDTH means, in relation to a lot,
a) where the side lot lines are parallel, the distance measured across the lot at right
angles to such lines, or
b) where the side lot lines are not parallel, the distance measured across the lot
along a line parallel to a line joining the points at which the side lot lines intersect
the limits of the abutting street, such parallel line being drawn through the point
at which the line of minimum setback intersects a line from the midpoint of and
perpendicular to the line to which it is parallel.
MAIN BUILDING means the building in which is carried on the principal purpose
or purposes for which the building lot is used.
48
M
MINI HOME means a factory-built detached building that has a width of less than
six metres throughout its entire length and is equipped with the necessary service
connections and made to be readily movable as a unit on its own running gear and
designed to be used as a dwelling unit with or without a permanent foundation.
MINI HOME PARK means a lot under single management where two or more mini
homes are located, but does not include a campground
OFFICE means a room or group of rooms used for conducting the affairs of a
business, profession, service, industry, or government, including but not limited
to data processing and data storage operations, real estate, investment, architecture,
legal, or business management.
OUTDOOR STORAGE means the storage of merchandise, goods, inventory, materials or
equipment or other items which are not intended for immediate sale, by locating them
on a lot exterior to a building.
PARK means an area generally composed of open spaces, which may include a
recreational area, a playground, a playing field, conservation uses, nature trail, or
rest stop, or any similar use, but not including a campground or mini home park.
PARKING LOT means an area of land for the parking of vehicles.
PARKING SPACE means an area for the temporary parking, or storage of motor vehicles,
and which has adequate access to permit ingress and egress of a motor vehicle to and
from a street or highway by means of driveways, aisles, or manoeuvring areas.
PUBLIC ROAD means a road owned and maintained by the local government or the
Province of New Brunswick (see street).
QUARRY means a resource extraction operation that uses explosives to extract
consolidated rock.
RECONSTRUCTION means the replacement of a building using an existing
foundation.
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O
P
R
RECREATION USE means a use, either privately or publicly held which is designed
and equipped for the conduct of sports, leisure time activities and other customary
recreational activities and may include, but not limited to, parks, trails, indoor or outdoor
recreation facilities, and hunting ranges together with necessary and accessory buildings
and structures, but does not include commercial camping grounds nor a track for the
racing of any form of motorized vehicles or any animals, or hunting ranges.
RECREATION USE, PASSIVE means a recreation area which has limited disturbance of
the natural environment and has low impact recreation uses such as, but not limited to,
trails, and scenic vistas, and interpretation panels, play parks, sports fields, and open
space which require minimal visitor facilities.
RECYCLING DEPOT means a building that is used for the deposit, collection and handling
of waste metal, paper, rags, tires, bottles, or other materials that are to be delivered
wholesale to other off-site operations for further processing, or salvage.
RESIDENTIAL CARE FACILITY means an institutional use that may include a family
shelter, group care facility, or similar facility for 24-hour non-medical care of persons in
need of personal services, supervision, or assistance essential for sustaining the activities
of daily living or for the protection of the individual.
RESIDENTIAL NODE means a cluster of land parcels which are zoned predominately
"residential" use in the unserviced areas of the Community.
RESIDENTIAL USE means the use of a building or structure or parts thereof as a dwelling.
RESOURCE EXTRACTION means any excavation of sand, gravel, clay, shale, limestone,
or other deposit for a development or for purposes for the sale or other commercial use
of the material excavated, but excluding rock quarries, oil, gas, and mining.
RESOURCE-RELATED USE means activities related to agriculture, forestry or aquaculture
uses, and may include biomass production for energy, commercial uses associated with
resource production but does not include activities related to aggregate extraction.
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RESTAURANT means a building where food and beverages, including the sale of alcohol,
are offered for sale to the public for consumption at tables or counters either inside or
outside the building on the lot. This includes drive-thrus and take-out service of food and
beverages for off- site consumption.
RETAIL means a building or part of a building in which goods, wares, merchandise,
substances, articles or things are offered for sale directly to the public at retail value and
shall include minor food processing and packaging in connection with the sale of food
products.
SALVAGE YARD means a building, warehouse, yard or other premises licensed by
the Province of New Brunswick in which second hand, used, discarded or surplus
metals, bottles or goods, unserviceable, discarded or junked motor vehicles, bodies,
engines or other component parts of a motor vehicle, and articles of every description,
is stored or kept pending resale or delivery to another person.
SELF-STORAGE means a commercial building containing self-contained storage units for
individual rent by the public.
SERVICE SHOP means establishments such as hair salons, aesthetician or spa services,
shoe repair, and the sale or repair of household articles. This definition may also include
repair of small motors, plumbing or electrical establishments, or pet grooming facilities,
but does not include vehicle repair or industrial uses.
SERVICE STATION means a building or part of a building used for the retail sale of
lubricating oils and gasoline, and may include the sale of automobile accessories, and the
servicing and general repairing of motorized vehicles, and may include vehicle-washing
establishments.
SERVICED AREAS means the portion of the Community for which there are central
sewer services.
SIGHT TRIANGLE means the triangular area on a corner lot defined by a diagonal line
connecting 2 points 6 metres from the streets' point of intersection. It is prohibited to
51
S
erect a fence, sign or any other structure, or to grow or cause to grow a hedge, bush,
shrub or any other vegetation to a height between 0.75 metres and 2.5 metres above
grade of the streets that abut the lot.
SIGN means any display of public advertisement in the form of a placard, boarding,
billboard or other form or means or device whatsoever of public advertisement whether
erected, pasted or painted, and includes any form, means or device intended, suitable
or adaptable for such purpose whether or not it is at the time used for such purpose,
including those signs that fall under the Highway Advertisement Regulation - Highway Act.
SIGN, BILLBOARD means a freestanding sign that is not related to any business or use
located on the lot or premises on which it is located.
SIGN, FREESTANDING means a sign, other than a portable sign, which advertises a
business on the same lot, supported independently of a building and securely fixed to
the ground.
SIGN GROSS SURFACE 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
or figures, which are attached or painted on a surface, shall be the smallest triangle,
rectangle, circle or semicircle, which can wholly enclose all the letters, numbers or insignia.
SIGN, ILLUMINATED means a sign that is illuminated by an internal light source.
STREET means the whole and entire right-of-way of every highway, road, private access
or road allowance vested in either the Province of New Brunswick or the Community of
Three Rivers.
STREET LINE means the common boundary between a street and a lot.
STRUCTURE means anything that is erected, built, or constructed of parts joined together
or any such erection, including but not limited to a fence, deck, dock, or monument, but
does not include a building, flagpole, or utility.
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SWIMMING POOL means a tank or body of water, other than a natural body of water or
stream, either above or below ground, which has a depth greater than 0.91 cm intended
to be used for diving, swimming, or wading.
TOURISM USE means the commercial use of land to attract and serve people
visiting an area for recreation and vacations, including overnight accommodations
UNSERVICED AREAS mean the portion of the Community for which there are
no central sewer services. These unserviced areas are generally dependent upon
on-site wells and septic systems.
USE means purpose for which any land, building or structure is utilized, occupied,
maintained or leased.
USE, MAIN means the principal purpose for which a lot, building, or structure is being used.
UTILITY means a public or private system, works, plant or equipment or services that are
intended for the use of the general public, including but not limited to water, wastewater,
storm drainage, natural gas line, treatment facilities, lift stations, pumping stations, power
and telecommunications.
VETERINARY CLINIC means a facility for the medical care and treatment of
animals and includes provisions for their overnight accommodation but does not
include any outdoor facilities such as kennels, pen runs and enclosures.
VEHICLE REPAIR SHOP means an establishment used for the repair and service of motor
vehicles, as well as the sale and installation of car parts and accessories.
VEHICLE SALES ESTABLISHMENT means a licensed dealer providing for the sale of
more than five vehicles on a single lot.
WAREHOUSE means a commercial building used primarily for the storage of
goods and materials and may include the wholesaling and distribution of goods.
U
V
W
T
53
WATERCOURSE means the full width and length, including the bed, banks, sides and
shoreline, or any part, of a river, creek, stream, spring, brook, lake, pond, reservoir, canal,
ditch or other natural or artificial channel open to the atmosphere, the primary function of
which is the conveyance or containment of water whether the flow be continuous or not.
WETLAND means land that (a) either periodically or permanently, has a water table
at, near or above the land's surface or that is saturated with water, and (b) sustains
aquatic processes as indicated by the presence of hydric soils, hydrophytic vegetation
and biological activities adapted to wet conditions.
WHOLESALE ESTABLISHMENT means a building in which commodities in quantity are
offered for sale mainly to industrial, institutional, and commercial users, or to retailers or
other merchants mainly for resale or business use.
WIND TURBINE means a machine for producing power by a flow of air.
WIND TURBINE, COMMERCIAL means an energy source developed for commercial
purposes that is connected to the provincial power network in order to sell energy to NB
Power or a third party.
WIND TURBINE, DOMESTIC means an energy source that is secondary and/or accessory
to the main use on a lot, which is not operated solely for commercial purposes.
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 that part of the lot between the main building, structure or use
and a front lot line, or that part of the lot from the front lot line and the minimum front
yard setback requirement as established in this by-law.
YARD, REAR means that part of the lot between the main building, structure or use and
a rear lot line.
Y
54
YARD, REQUIRED means the minimum setback required for a front, side or rear yard as
established in this by-law.
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.
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2.1
Purpose
2.1.1 This purpose of this Rural Plan By-law is:
a) to divide the municipality into zones;
b) prescribe, subject to powers reserved in the Committee:
i) the purpose for which land, buildings and structures in any zone may be
used,
ii) standards to which land use, and the placement, erection, alteration and
use of buildings and structures must conform; and
c) prohibit the use, placement, erection, or alteration of land, buildings, or
structures other than in conformity with the purposes and standards mentioned
in paragraph (b).
2.2
Classification
2.2.1 For the purposes of this Rural Plan By-law, the municipality is divided into zones
as delineated on the plan attached as Schedule A, entitled "Community of Three
Rivers Zoning Map" and dated January 5, 2026, which forms part of this By-law. The
zones are as follows:
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PART C
ZONING PROVISIONS
SECTION 2
SCOPE AND INTERPRETATION
ZONE NAME
ZONE ABBREVIATION
Residential Serviced
RS
Residential Rural
RR
Central Commercial
CC
General Commercial
GC
Industrial
I
Rural Area
RA
Agriculture
A
Resource Development
RD
Intensive Resource Development
IRD
Community Use
CU
Open Space Conservation
OSC
Water Protection
WP
Dwelling Group
DG
Infill Overlay
IF
Integrated Development
ID
2.3
Interpretation of Zoning Boundaries
2.3.1 Boundaries between zones shall be determined as follows:
a) a zone boundary shown approximately at a lot line is deemed to be at the
boundary of the lot line;
b) where zone boundaries are indicated as following an existing or a proposed
street line, alley line, public utility right-of-way, or an easement line, the zone
boundary shall be construed as the boundaries of such streets, alleys, rights-of-
way, or easement;
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c) where a dedicated street or road, as delineated on Schedule A, is closed, the
property formerly within such street or road shall be included within the zone
of the adjoining property on either side of such closed street or road. Where a
closed street or road is the boundary between two or more different zones, the
new boundary shall be the former centerline of the closed street;
d) where a watercourse is included on the zoning maps and serves as a boundary
between two or more different zones, a line midway on such watercourse
shall be considered the boundary between zones unless specifically indicated
otherwise;
e) 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; and
f) where none of the above provisions apply, and where appropriate, the zone
boundary shall be scaled from the attached Schedule A.
2.4
Powers of the Council
2.4.1 No building may be erected in the municipality in respect of which, in the opinion
of the Council, satisfactory arrangements have not been made for the supply of
electric power, water, sewerage, streets, or other services or facilities.
2.4.2 When, in the opinion of Council, a building or structure is dilapidated, dangerous,
or unsightly, the Council may:
a) require the improvement, removal, or demolition of such building or structure
at the expense of the owner thereof, or
b) acquire the parcel of land on which such building or structure is located.
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2.5 Powers of the Planning Review and Adjustment Committee
2.5.1 No building or structure may be erected on any site where it would otherwise
be permitted under this By-law when, in the opinion of the Planning Review and
Adjustment Committee, the site is marshy, subject to flooding, excessively steep or
otherwise unsuitable by virtue of its soil or topography.
2.5.2 The Planning Review and Adjustment Committee may, subject to such terms and
conditions as it considers fit:
a) authorize, for a temporary period not exceeding one year, a development
otherwise prohibited by this By-law;
b) to authorize, for an additional temporary period not exceeding one year, a
development otherwise prohibited by the by-law if:
i) the applicant holds an authorization under subparagraph a) that is to expire
or has expired,
ii) an application with respect to the land has been made to amend the Rural
Plan, and
iii) the Committee has received a resolution from the Council confirming that
the Council will consider the application referred to in clause (ii); and
c) require the termination or removal of a development authorized under 2.8.2 (a)
or (b) at the end of the authorized period.
2.6
Amendments
2.6.1 A person who seeks to have this By-law amended:
a) shall address a written and signed application to the Commission;
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b) shall, where the application involves rezoning an area of land from one type of
zoning to another:
i) provide a statement as to the ownership thereof, and the signature of at
least one owner of each parcel of land to be rezoned;
ii) pay an application fee as specified in Section 2.7;
iii) provide a detailed description of the proposed use of land as well as a site
plan drawn to scale of all proposed buildings; and
iv) provide any information that is deemed necessary by the Commission to
adequately assess the desirability of the proposal.
2.6.2 Before giving its views to the Council with respect to an application under this
section, the Committee may carry out such investigation as it deems necessary.
2.6.3 Unless, upon the advice of the 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 a period of one year from the date of refusal.
2.7
Planning Applications and Fees
A person wishing to obtain services from the Commission is subject to the following
fee schedule:
Development Permit
$25
Document Approval
$100
Zoning Confirmation
$100
Zoning Compliance
$200
Temporary Use
$250
Similar or Compatible Uses
$250
Variance/Adjustment/PRAC Terms and Conditions
$250
Rezoning or By-law Amendment
$1500
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2.8
Conformity
2.8.1 In any zone, all land shall be used, and all buildings or structures, or parts of the
buildings or structures, shall be placed, erected, altered or used only in conformity
with the requirements of the part of this by-law pertaining to such zone, except as
otherwise provided.
2.8.2 In any zone, all development on Crown land must comply with Section 129 of the Act.
2.8.3 Nothing in this By-law shall exempt any person from complying with the requirements
of the Building By-law or any other By-law in force within the Community, or to
obtain any license, permission, permit, authority, or approval required by this or
any other By-law of the Community, or statute and regulation of the Province of
New Brunswick or Government of Canada.
2.8.4 Where the provisions of this By-law conflict with those of any other provincial
Regulation, by-law or Code, the higher or more stringent requirements shall prevail.
2.9
Development Permits
2.9.1 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 all provisions of this By-law.
2.9.2 A development permit shall be in force for a period of one (1) year from the date
of issuance or until the project has been completed or is discontinued for a period
of one year. Any permit may be reissued upon request, subject to review by the
Development Officer and provided it conforms to any applicable regulation or
policy that is in effect at the time of reissuance.
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2.9.3 No development permit may be issued under this By-law before any applicable fee
in section 2.7 has been paid.
2.9.5 Notwithstanding 2.8.1, no development permit shall be required for the following:
a) an accessory building or structure which has less than 10 m2 of gross floor area;
b) a recreational vehicle on a vacant lot;
c) a fence for agricultural uses;
d) any utility except for a wind turbine;
e) play structures; or
f) landscaping features including flagpoles and clotheslines.
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3.1
Meeting By-law Requirements
No building or structure may be built, located or relocated, altered or replaced on a
lot, unless the lot meets the requirements of this section or requirements specified
in individual zones.
3.2
Connection to Sewage Disposal Systems
Where municipal sewage services are available, no permit shall be issued except
where the development is provided with such services.
3.3
Frontage on Street
3.3.1 No development permit shall be issued except where the lot intended to be used,
or upon which the building or structure is to be erected, abuts and fronts upon a
publicly owned and maintained street or road.
3.3.2 All new main buildings on a public road, other than a road under the jurisdiction
of a local government, require an access permit issued by the Province of New
Brunswick.
3.4
Size and Number of Dwellings on a Lot
3.4.1 No dwelling may be placed, erected or altered so that it has a floor area less than
45 m2. Floor area shall not include garages, carports, porches, or decks.
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PART C
ZONING PROVISIONS
SECTION 3
GENERAL PROVISIONS
3.4.2 Notwithstanding section 3.32.1, no more than one building containing one or more
dwelling units may be placed or erected and no building or structure may be altered
to become a second building containing a dwelling unit on a lot.
3.4.3 Notwithstanding section 3.4.2, more than one main building on a lot shall be
permitted in the Dwelling Group and Agriculture Zone provided that:
a) the minimum zone requirements are complied with; and
b) the buildings maintain a minimum separation distance of 3.0 metres.
3.5
Existing Buildings
Where a building has been erected on or before the effective date of this By-law, on
a lot having less than the minimum frontage, area, or having less than the minimum
frontage or flankage yard or side yard or rear yard required by this By-law, the
building may be enlarged, reconstructed, repaired, or renovated provided that:
a) the enlargement, reconstruction, repair or renovation does not further reduce
the front, side, flankage, or rear yard that does not conform to this By-law; and
b) all other applicable provisions of this By-law are satisfied.
3.6
Undersized Lots
A building or structure may be erected, located or relocated, altered, or replaced
on a lot that does not meet the provisions of this section or provisions specified in
individual zones if the following requirements are met:
a) the lot was existing before this By-law came into effect;
b) the lot is serviced by an access as specified in this By-law;
c) the zone permits the proposed use; and
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d) the development is capable of connecting to the municipal sewage system or
has an approved on-site septic system.
3.7
Accessory Buildings
3.7.1 Accessory uses, buildings and structures shall be permitted in any zone but shall not:
a) be used for human habitation except where a dwelling is a permitted accessory
use in this By-law;
b) be located in the required front yard setback, or be built closer than 2.5 metres
to any other lot line except that:
i) in any Residential zone, buildings, or structures that are accessory to
residential uses shall not be located closer to any side or rear lot line than
1 metre, nor be located in any front or flankage yard;
c) no accessory building or structure in any Residential or Commercial zones shall:
i) exceed 4.6 metres in height, or
ii) exceed 84 m2 in area; or
d) be used for the keeping of animals other than household pets unless otherwise
provided within this By-law;
3.7.2 Notwithstanding section 3.7.1c) accessory building height and size limits do not
apply in the Agricultural, Rural Area, Resource Development, Industrial or Intensive
Resource Development zones.
3.8
Height Regulations
The height regulations of this By-law shall not apply to parapets, steeple, spires,
water tanks, elevator enclosures, silos, flagpoles, television, or radio antennae,
towers, ventilators, skylights, barns, silos, chimneys, clock towers, windmills,
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monuments, lightning rods, or solar collectors attached to the main or accessory
structures except where specifically regulated.
3.9
Vehicle Bodies
3.9.1 A container designed for commercial transport shall not be used, in any zone, as a
dwelling unit or commercial main building.
3.9.2 A container designed for commercial transport may be used as an accessory building
or structure in any zone subject to section 3.7 regulations.
3.10
Distance from Watercourses
3.10.1 No development shall be permitted within 30 metres of a watercourse or waterbody.
3.10.2 Passive recreational uses such as trails and parks, including associated signage, shall
be permitted within the required 30 metres subject to a Watercourse and Wetland
Alteration Permit issued under the Clean Water Act.
3.10.3 If it can be demonstrated through ground-truthing by a professional trained in
wetland and watercourse delineation that the waterbody mapping is inaccurate,
development may be permitted as per Policy 2.9.6 and subject to all other zoning
provisions for that zone.
3.11
Reduced Frontage on a Curve
Where the front lot line of any lot is a curved line or when the side lines of a lot
are not parallel, a minimum lot width that is equal to the minimum lot frontage
required by this By-law shall be required in lieu of such minimum lot frontage. For
the purpose of this section, such minimum lot width shall be measured along a
horizontal line between the side lot lines, whose end points are defined by the
intersection of said side lines with the minimum front or flankage yard as required
by the applicable provision of this By-law.
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3.12
Sight Triangle
On a corner lot or a lot which abuts a railway crossing, a fence, sign, hedge, shrub,
bush, or tree, or any other structure or building shall not be erected or permitted
to grow to a height more than 0.6 metres above grade of the streets that abut the
lot within the triangular area included within the street lines for a distance of 4.6
metres from their point of intersection.
3.13
Permitted Encroachments
Every part of any yard required by this By-law shall be open and unobstructed by
any structure except to permit uses or encroachments subject to the following
provisions:
a) uncovered patios, walkways, wheelchair ramps, lifting devices, or steps may be
located in any yard to provide access to the first storey entrance;
b) there may be erected or maintained in any yard, the usual projections of sill,
cornices, eaves, gutters, chimneys, pilasters, canopies, or other architectural
features, provided that no such structure or feature shall project more than 0.6
metres into any required yard;
c) window bays and solar collectors may be permitted to project not more than
0.9 metres from the main wall into a required front, rear, or flankage yard;
d) exterior staircases, balconies, verandas and sundecks shall be permitted to
project a maximum of 2 metres into any required front or flankage yard; and
e) the provisions of this section shall not restrict the location of ornamental
planting, swimming pool enclosures, or landscaping in any yard, except for the
sight triangle provision of section 3.12, unless otherwise indicated in this By-law.
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3.14
Parking Requirements
3.14.1 For every building or structure to be erected or enlarged, off-street parking located
within the same zone as the use and having unobstructed access to a public street
shall be provided and maintained in conformity with 3.14.4 Schedule of Parking
Requirements, except where any parking requirement is specifically included
elsewhere in this By-law.
3.14.2 Where the total required spaces for any use is not a whole number, the total spaces
required by this section, or by other specific sections, shall be the next largest whole
number.
3.14.3 Each off-street parking space shall:
a) measure 5.5 metres in length and not less than 2.8 metres in width, exclusive of
driveways thereto;
b) be readily accessible from a public street;
c) be located on the lot containing the use for which the spaces are provided, with
the exception of uses in a Central Commercial zone where parking requirements
shall be waived for uses that do not require overnight accommodations.
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3.14.4 Schedule of Parking Requirements
3.14.5 Reserved parking spaces for the mobility impaired shall be provided as an addition
to the required spaces in conformity with the Barrier Free Design Building Code
Regulation in effect.
USE
PARKING REQUIREMENT
Any dwelling except as specified below
1 space per dwelling unit
Multiple unit dwellings
1.25 spaces per dwelling unit
Bed and Breakfasts / Tourist homes
1 space per bedroom
Retail stores, service shops, banks
and offices
1 space per 50 m2 of gross
floor area
Restaurants and bars
1 space per 4 seats
Institutional uses
except as specified below
1 space per 4 seats where there are fixed
seats, or 1 space per 10 m2 of gross floor
area where there are no fixed seats
Schools
1 space per classroom
Hospitals
0.5 space per bed
Residential care facilities
0.25 spaces per bed
Daycare facilities
1 space for each 2 employees, plus 1 space
for every 10 children
Medical clinics
3 spaces per consulting room
Warehouses, transport terminals and
industrial uses
the greater of 1 space per 50 m2 of gross
floor area, or 1 space per 4 employees
Any use not specified above
1 space per 30 m2 of gross floor area
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3.15
Fences
3.15.1 Notwithstanding any other provision of this By-law, a fence may be placed, or
located in a yard subject to the following:
a) no fence located within the required front yard shall exceed 1 metre in height;
b) subject to subsection a), no fence may exceed in height:
i) 2 metres in a Residential zone; or
ii) 2.5 metres in any other zone.
3.15.2 Except in the case of a lot in Rural Area, Resource Development or Intensive Resource
Development zone and along the abutting lot line, no fence may be electrified or
incorporate barbed wire or other dangerous material in its construction.
3.15.3 Fences for agricultural uses are exempt from fencing provisions in this section.
3.16
Reduced Setbacks
Notwithstanding all other setback regulations provided by this by-law, a building
or structure may be placed, erected, or altered so that it is as close to the street
line as:
a) where there is a building or structure on both sides and within 30 metres
thereof, the mean of the distance between the street line and the adjacent
buildings may be used as the established front yard setback;
b) where there is a building or structure within 30 metres of one side only thereof,
the mean of the front or flankage yard distance and the distance between
the street line and the adjacent building may be used as the established front
yard setback.
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3.17
Residential Development Near a Lagoon or Treatment Plant
Notwithstanding any other provision of this By-law, no dwelling may be located
within 100 metres of a sewage lagoon or treatment plant.
3.18
Enclosures for Swimming Pools
3.18.1 No land may be used for the purpose of a swimming pool capable of containing in
excess of 0.91 metres of water, unless the pool is enclosed by a fence, or by the
wall of a building or structure, or by a combination of walls and fences, at least 1.5
metres in height.
3.18.2 Where a portion of a wall of a building forms part of a swimming pool enclosure:
a) no main or service entrance to the building may be located therein; and
b) any door, therein, other than a door to a dwelling or rooming unit, shall be self-
closing and equipped with a self-latching device at least 1.3 metres above the
bottom of the door.
3.18.3 An enclosure shall not have rails, bracing or other attachments on the outside
thereof that would facilitate climbing.
3.18.4 Where a fence forms an enclosure or part thereof, the fence shall:
a) be made of chain link construction or other materials in compliance with
section 3.18.5.
b) not be electrified or incorporate barbed wire or other sharp dangerous
material; and
c) be located:
i) at least 1.2 metres from the edge of the swimming pool;
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ii) so that the bottom of the fence be elevated by no more than 10 cm above
grade.
3.18.5 The design and construction of a fence under this section shall provide:
a) in the case of a chain link construction:
i) no greater than 38 mm diamond mesh;
ii) steel wire not less than No. 12 gauge, or a minimum No. 14 gauge covered
with vinyl or galvanized treatment or other approved coating forming a total
thickness equivalent to No. 12 gauge wire; and
iii) at least 38 mm diameter steel posts, set below frost and designed to comply
with the National Building Code in effect, and spaced not more than 2.5
metres apart, with a top horizontal rail of at least 50 mm diameter steel;
b) in the case of wood construction:
i) vertical boarding, not less than 19 mm x 89 mm finished dimensions spaced
not more than 38 mm apart, attached to supporting members and arranged
in such a manner as not to facilitate climbing on the outside; and
ii) supporting wood posts at least 89 mm square or round with 89 mm
diameters, set below frost and spaced not more than 2.5 metres apart, with
the portion below grade treated with a wood preservative, and with a top
horizontal rail of at least 38 mm x 139 mm finished dimensions; and
c) in the case of construction other than described in clauses (a) and (b), such
enclosure shall:
i) provide rigidity and height equal to that provided in clauses (a):
ii) be assembled so as not to permit the passage of a 100 mm sphere through
or under it;
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iii) not have horizontal rails or other features that would facilitate climbing; or
iv) have any horizontal rails spaced closer than 1.2 metres when the vertical
picket spacing is greater than 50 mm.
3.18.6 Gates forming part of an enclosure shall:
a) be equivalent to the fence in content, manner of construction and height;
b) be supported on substantial hinges;
c) be self-closing and equipped with a self-latching device at least 1.3 metres
above the bottom of the gate; and
d) be located so that the bottom of the gate is elevated by no more than 10 cm
above grade.
3.19
Uses Prohibited in Certain Yards
In a Residential Zone, the required front or flankage yard shall not be used for the
storage or display of any vehicle, boat, or other chattel.
3.20
Daycare Centre
Where permitted as a secondary use, a Daycare Centre shall:
a) be located on a local street that permits on-street parking; and
b) have one non-illuminated sign, with a maximum of 0.75 m2 in area.
3.21
Home Occupation
3.21.1 Where a home occupation is permitted under this By-law, a home occupation
includes the following types of uses:
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a) a business office or home office;
b) a home service shop;
c) a beauty salon, barber shop, or pet grooming service shall be permitted
provided that the area devoted to use is designated to accommodate no more
than 2 customers at a time;
d) a home instructional service, including, but not limited to, the teaching of music,
arts and crafts or dance;
e) a home domestic and household workshop, including, but not limited to, food
catering, dressmaking, woodworking, arts and crafts, painting, sculpturing,
molding, or otherwise making or repairing garden or household ornaments,
articles of clothing, personal effects or toys;
f) a home trades business, including, but not limited to, electrician, painter or
other similar uses; and
g) a home repair shop, including, but not limited to, radio or television service
or repair shops, locksmith shops, small appliance service or repair shops,
household and carpenter tool service or repair shops but specifically excludes
the repair of motor vehicles, construction equipment, recreation vehicles or
motorcycle, metal fabrication shop and autobody shop.
3.21.2 Where a home occupation is permitted under this By-law, the following shall apply:
a) no more than one person is engaged in the home occupation in addition to
individuals residing in the dwelling unit in which the home occupation is
secondary;
b) at least one additional parking space is required on the premises, other than
those under section 3.14;
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c) no change shall be made to the property that would indicate a home occupation
is being conducted therein, except for one (1) non-illuminated home occupation
sign which shall not exceed 0.75 m2 in any Residential zone or 1.5 m2 in all other
zones that permit home occupations.
d) in any Residential zone, there shall be no external or outside storage of materials
or containers to indicate that any part of the property is being used for any
purpose other than a single dwelling unit;
e) in all other zones, storage of materials associated with the home occupation
shall be located in the rear yard and shall be screened from the road and
neighbouring properties by an opaque fence with a maximum height of 2
metres or by a natural buffer containing trees and/or shrubs with a minimum
height of 3 metres;
f) there shall be no outside animal enclosures associated with a home occupation.
3.21.3 A home-based business shall occupy no more than 35 percent of the gross floor
area of the dwelling unit while maintaining the minimum dwelling floor area as per
the National Building Code;
3.21.4 A home industry may occupy the entirety of an accessory building provided the
accessory building:
a) is not located in the required front yard setback;
b) is set back at least 10 metres from the property line;
c) is a maximum 160 m2 in area; and
d) a vehicle repair shop may be considered a home industry only in the Rural Area
zone provided that vehicle fluids be stored and disposed of in compliance with
all provincial regulations.
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3.22
Wind Energy Production Systems
Where an energy production system is a permitted use, the following provisions
shall apply:
a) domestic wind turbines shall be set back a minimum of 1.5 times the turbine
height from any road, public right-of-way and the property boundary;
b) commercial wind turbines shall be set back a minimum of 550 metres from an
existing dwelling; and
c) where any of the requirements of this section conflict, the higher or more
stringent requirement shall prevail.
3.23
Camps
Where a camp is a permitted use, it shall be setback a minimum distance of 30
metres from a public road.
3.24
Kennels
3.24.1 The lot used for a kennel shall be a minimum of 4,000 m2 in area.
3.24.2 No shelter, building or structure used to accommodate animals shall be located in
the required front yard.
3.25
Campgrounds
New campgrounds and expansions to existing campgrounds are subject to terms
and conditions which may include, but are not limited to:
a) establishment of one or more accesses suitable to accommodate emergency
vehicles;
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b) entrances and exits for vehicles are designed in such a way as to minimize any
conflict between vehicles and pedestrians and to not interfere with traffic flow
on roadways or pathways;
c) establishment of buffers, whether natural or artificial, between the development
and adjacent properties;
d) preservation of the natural state of the site by minimizing the removal of trees
and soil;
e) meeting all the necessary requirements in terms of public health and safety, and
the outdoor development meets all considerations related to fire protection
and access; and
f) provision of proof of Environmental Impact Assessment (EIA) approval or
exemption.
3.26
Salvage Yards or Recycling Depot
Where land is used for the exterior storage of scrap, recycling, or automotive
materials, the following standards shall apply:
a) The whole storage area shall be surrounded by an opaque fence, a minimum of
3.0 metres in height, unpierced except for gates necessary for access;
b) The fence shall be located at least 6 m from the front lot line and 2 metres from
all other lot lines; and
c) No material shall be piled higher than the height of the surrounding fence.
d) A salvage yard excluding associated buildings shall be set back:
i) 100 metres from any street; and
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ii) 100 metres from any watercourse or wetland.
3.27
Commercial Use Standards
3.27.1 In zones where commercial uses are limited to light commercial, the following
standards shall apply:
a) a maximum of five vehicles may be displayed for sale;
b) light commercial uses are limited to a maximum gross floor area of 500 m2.
3.27.2 The following standards shall apply to all commercial and industrial main uses
regardless of the zone:
a) where any parking lot abuts a residential use, a 2 metre high opaque fence or
other visual and physical barrier, including the planting of trees, is required;
b) outdoor storage related to the main use shall be located in the rear yard and
shall be screened from adjacent residential uses with a 2 metre high opaque
fence; and
c) exterior lighting shall be constructed or positioned as to illuminate only the
areas necessary and not be directed toward adjacent lots
3.28
Landscaping Requirements
3.28.1 In any zone, the owner of a lot developed for residential purposes shall landscape:
a) the front yard of the main building; and
b) the rear yard within 4.5 metres of any main building thereon.
3.28.2 A yard mentioned in section 3.28.1 may be used for the purposes of walks and
driveways for access to the main building.
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3.28.3 Landscaping under this section shall be completed within one year of substantial
completion of the main building located thereon.
3.28.4 Except for that part of the lot devoted to buildings and structures, a lot developed
for a commercial, industrial, or multiple unit residential purpose shall:
a) ensure driveways and off-street parking areas are gravelled or paved; and
b) all landscape all areas of the lot through sodding, seeding, shrubbery or some
combination thereof.
3.29
Utility Uses
Utilities may be permitted in any zone as of right. Telecommunication equipment shall
be reviewed through the Antenna Siting Protocol adopted by the Commission.
3.30
Keeping of Hens
The keeping of hens shall be permitted in Residential zones in conjunction with a
single unit dwelling subject to the following requirements:
a) a maximum of four hens shall be permitted;
b) hens shall be kept in a coop or an enclosure impermeable to predators at all
times;
c) the enclosure shall be set back a minimum of 3 metres from an adjacent lot;
d) the enclosure shall be set back a minimum of 7.5 metres from a well; and
e) the sale of eggs, manure, meat, and the slaughter of animals on the lot is
prohibited.
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3.31
Mini homes
3.31.1 Mini homes shall be placed with the longest wall facing the street in all Residential
zones.
3.32
Accessory Dwelling Unit
3.32.1 Where permitted, a garden suite shall:
a) be located in the rear yard of a single unit dwelling;
b) be located on a lot no less than 675 m2 in size;
c) not exceed a maximum floor area of 75 m2;
d) not exceed a height of 6 metres;
e) be set back a minimum of 3 metres from the rear lot line and a minimum of
1.8 metres from any side lot line;
f) be connected to municipal sewer services or provide approval from the
appropriate department verifying sufficient on-site septic capability; and
g) use the same driveway as the main use.
3.32.2 Where a single unit dwelling is a permitted main use, an accessory dwelling unit
shall be permitted provided it:
a) does not exceed the lesser of 35% of the main dwelling's gross floor area or
80 m2; and
b) is contained within a single unit dwelling.
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3.33
Development Near Rail Lines
3.33.1 A minimum setback distance of 30 metres shall be maintained between any new
residential dwelling and the railway right-of-way.
3.33.2 Existing residential buildings within the 30 metre railway setback may be repaired,
renovated, and expanded provided all other applicable provisions of this by-law are
satisfied.
3.33.3 Lots existing before the adoption of this By-law that are unable to meet railway
setbacks may still be developed for residential purposes.
3.34
Signs
3.34.1 Other than a traffic control device as defined in the Motor Vehicle Act, a legal
notice or a store window sign, the location, dimensions, standards of construction,
and purposes of public advertisement in the form of a sign is permitted only upon
compliance with the requirements of this section.
3.34.2 No person may use land, a building or structure for the display of public advertisement
in the form of a sign without obtaining a development permit.
3.34.3 Notwithstanding section 3.34.2, a person may place, erect, or display a non-
illuminated sign on any land, building, or structure without obtaining a permit for
the sign if the sign:
a) advertises the sale, rental, or lease of the land, building, or structure and does
not exceed 0.85 m2 in gross surface area;
b) identifies by name the property or the residents of the property and does not
exceed 0.45 m2 in gross surface area;
c) warns against trespass and does not exceed 0.45 m2 in sign gross surface area;
81
d) is a private traffic directional sign not exceeding 0.25 m2 in sign gross surface area;
e) identifies the architects, engineers, contractors, and other individuals or firms
involved with the construction of a building or structure, but such sign shall be
removed from the site within fourteen days of the completion of the intended
use of the building or structure;
f) announces a candidate for public office in a municipal, provincial, or federal
election, but such sign shall be removed from the site within fourteen days
following the election;
g) a freestanding private traffic directional sign not exceeding 0.24 m2; or
h) identifies the name of a subdivision and does not exceed 3 m2 in sign gross
surface area.
3.34.4 Other than a sign referred to in section 3.34.3, and subject to section 3.34.5, a sign
may be placed, erected, or displayed if the sign gross surface area has a maximum
area of 10 m2 and the sign does not extend beyond the wall of the building in the
case of a fascia sign and 14 m2 in area in the case of a freestanding sign.
3.34.5 All freestanding signs shall have a minimum setback and maximum height in relation
to the sign gross surface area as determined from the following table:
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0m
2m
3m
3.5m
4m
4.5m
5m
5.5m
6m
7m
7.5m
15.0m
4.2m
3.9m
3.6m
3.3m
3.0m
2.7m
2.4m
2.1m
1.8m
1.5m
1.2m
MINIMUM SETBACK REQUIRED
MAXIMUM HEIGHT PERMITTED
7m2
8m2
6m2
5m2
9m2
4m2
10m2
11m2
12m2
14m2
maximum
3m2
2m2
or less
SIGN GROSS SURFACE AREA
TO USE THIS TABLE:
Given the area of the sign, enter the table along the diagonal under "SIGN
GROSS SURFACE AREA" choosing the area closest to the desired sign area
and read "MAXIMUM HEIGHT PERMITTED" at the right and "MINIMUM
SETBACK REQUIRED" at rhe bottom of the table as indicated by the
shaded arrow.
3.34.6 No sign shall:
a) be an imitation of a traffic control device or contain the words "stop", "go",
"caution", "danger", "warning," or similar words arranged in such manner as to
be construed as a traffic control device; or
b) have a size, location, content, colouring, or manner of illumination which may be
confused with, construed as, or tend to hide from view any traffic control device;
83
or advertise an activity, business, product, or service that is not conducted on
the premises on which the sign is located or which is conducted at another
location, with the exception of a billboard sign or directory sign.
3.34.7 Signs located along a Provincial highway shall be designed and located in accordance
with the Highway Advertisements Regulation - Highway Act.
3.35
Development in Agricultural Areas
3.35.1 New dwellings must be setback a minimum of 15 metres from the property line of
an adjacent property zoned as Agriculture.
3.35.2 All new livestock facilities must receive a site plan determination from the provincial
Registrar of Livestock Operations prior to issuance of a development permit.
3.35.3 All new livestock facilities that are determined to be exempt from the Livestock
Operations Act shall be setback no less than 20 metres from any lot line.
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4.1
Residential Serviced (RS) Zone
4.1.1 Permitted Uses
Any land, building or structure may be used for the purpose of, and for no other
purpose:
a) one of the following main uses:
i) a single unit dwelling
ii) a two unit dwelling
iii) a semi-detached dwelling
iv) a bed and breakfast/tourist home
v) a passive recreation use
b) one of the following main uses subject to such terms and conditions as may be
imposed by the Committee:
i) institutional use
PART C
ZONING PROVISIONS
SECTION 4
ZONES
85
ii) a daycare centre
iii) a mini home
iv) a multiple unit dwelling
c) one of the following secondary uses in conjunction with a permitted single unit
dwelling:
i) a daycare centre subject to section 3.20
ii) a home-based business subject to section 3.21
iii) the keeping of hens subject to section 3.30
iv) a garden suite subject to section 3.32.1 or an accessory dwelling unit subject
to section 3.32.2
d) subject to section 3.7, any accessory building, structure, or use, incidental to
the permitted main use of the land, building, or structure.
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4.1.2 Zoning Requirements
Any permitted use, or new lot, in the Residential Serviced Zone shall comply with
the following regulations:
4.1.3 Where there is vehicular access to the rear yard through a carport or garage, the
larger side yard required by paragraph 4.1.2 may be reduced to 1.2 metres.
Residential
Serviced
(RS) Zone
Single-
Detached
Dwelling
Two Unit
Dwelling
Semi-Detached
Dwelling
located on a
separate lot
Multiple Unit
Dwelling
Minimum
Lot Area
675 m2
1022 m2
337.5 m2
1545 m2 plus
102 m2 for each
dwelling unit in
excess of 4
Minimum
Lot Frontage
22.5 m
27 m
11.25 m
36 m plus
1.5 m for each
dwelling unit in
excess of 6
Minimum Front
or Flankage Yard
7.5 m
7.5 m
7.5 m
7.5 m
Minimum
Rear Yard
7.5 m, except in
the case of a
corner lot, the
rear yard is at
least 1.5 m;
7.5 m, except in
the case of a
corner lot, the
rear yard is at
least 1.5 m;
7.5 m, except
in the case of a
corner lot, the
rear yard is at
least 1.5 m;
7.5 m, except
in the case of a
corner lot, the
rear yard is at
least 1.5 m;
Minimum
Side Yard
2.4 m on one
side and 1.2 m
on the other
2.4 m on one
side and 1.2 m
on the other
2.4 m and
0.0 m from the
common wall
3 m
Maximum
Lot Coverage
50%
50%
50%
50%
Maximum
Building Height
11 m
11 m
11 m
15 m
87
4.2
Residential Rural (RR) Zone
4.2.1 Permitted Uses
Any land, building or structure may be used for the purpose of, and for no other
purpose:
a) One of the following main uses:
i) Single unit dwelling
ii) Two unit dwelling
b) one of the following main uses subject to such terms and conditions as may be
imposed by the Committee:
i) residential care facility
ii) a mini home
c) The following secondary uses in conjunction with a permitted single unit
dwelling:
i) Home-based business, subject to section 3.21
ii) a garden suite subject to section 3.32.1 or an accessory dwelling unit subject
to section 3.32.2
iii) the keeping of hens subject to section 3.30
d) Any accessory building or structure subject to the requirements of section 3.7
which is incidental to the main use of the land, building or structure if such main
use is permitted by this section.
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4.2.2 Zone Requirements
Any permitted use, or new lot, in the Residential Rural zone shall comply with the
following regulations:
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Residential Rural (RR) Zone
Single Unit Dwelling
or Mini Home
Two Unit Dwelling
MinimumLot Area
4000 m2
5350 m2
Minimum Lot Frontage
54 m
59 m
Minimum Front or Flankage Yard
7.5 m
7.5 m
Minimum Rear Yard
7.5 m
7.5 m
Minimum Side Yard
2.4 m
2.4 m
Maximum Lot Coverage
50%
50%
Maximum Building Height
11 m
11 m
4.3
Central Commercial (CC) Zone
4.3.1 Permitted Uses
Any land, building or structure may be used for the purpose of, and for no other
purpose:
a) one or more of the following main uses:
i) a single unit dwelling
ii) a two unit dwelling
iii) a semi-detached dwelling
iv) a multiple unit residential use
v) an office
vi) a retail store, service, or market
vii) a restaurant or bar
viii) a service shop
ix) a bank or financial institution
x) a hotel, motel, or inn
xi) recreation and assembly use
xii) a daycare centre
xiii) an institutional use
90
b) one of the following secondary uses in conjunction with a single unit dwelling:
i) a bed and breakfast/tourist home;
ii) a daycare centre subject to section 3.20;
iii) a home-based business subject to section 3.21;
c) any accessory building, structure, or use, incidental to any permitted main use
of the land, building, or structure, subject to section 3.7.
4.3.2 Zoning Requirements
Any permitted use, or new lot, in the Central Commercial Zone shall comply with
the following regulations:
4.3.3 Except for a single unit, two unit, or semi-detached dwelling, no main building or
structure may be placed, erected or altered, and no building shall be altered to
become a main building on a lot except in conformity with the following:
Central Commercial (CC) Zone
Minimum Lot Area
675 m2
Minimum Lot Frontage
22.5 m
Minimum Front or Flankage Yard
0 m
Minimum Rear Yard
7.5 m, except in the case of a corner lot,
the rear yard is 1.2 m
Minimum Side Yard
2.4 m on one side and 1.2 m on the other
for lots not facing Main Street,
and 0 m for those facing Main Street
Maximum Building Height
15 m
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a) no portion of any parking area shall be located within 2 metres of any street line;
b) no parking space shall be located closer than 3 metres from a lot line of any
property occupied by a single unit or two unit dwelling, except where a fence
or other physical barrier is provided, in which case no parking spaces shall be
located within 1 metre of the adjoining property;
c) where a lot located within a Central Commercial Zone abuts a lot in a Residential
or Community Use Zone, the minimum side yard within the Central Commercial
Zone from the abutting lot line shall be 2.5 metres; and
d) a permitted residential use shall not occur on the same lot as a permitted
commercial use unless access thereto is:
i) from inside the building at ground floor level when the dwelling unit is
above the ground floor; and
ii) separate from the main access to the main use.
4.3.4 Except for a single unit, two unit, or semi-detached dwelling, no portion of any lot
in a Central Commercial Zone shall be used for the collection or storage of refuse
unless it is stored in a container screened by an opaque fence or similar structure.
92
4.4
General Commercial (GC) Zone
4.4.1 Permitted Uses
Any land, building or structure may be used for the purpose of, and for no other
purpose:
a) one or more of the following main uses:
i) a light commercial use such as a retail or wholesale store, market, or retail
service use
ii) an automobile, truck, recreation vehicle, general transportation, or heavy
equipment sales room, sales lot, rental or repair facility
iii) an automobile service station, gas bar, refuelling facility, carwash and
automobile rental outlet
iv) a recreation use
v) a nursery or greenhouse operation
vi) an institutional use
vii) a hotel, motel, inn
viii) a restaurant, including a drive-in or take-out restaurant
ix) a medical or veterinary clinic
x) a moving or storage company
xi) an entertainment use
93
xii) a place of assembly or event venue
xiii) a service shop
xiv) a single unit dwelling
b) the following main use subject to such terms and conditions as may be imposed
by the Committee:
i) a multiple unit dwelling
ii) a campground, or tourist cabins subject to section 3.25
c) any accessory building, structure, or use, incidental to any permitted main use
of the land, building, or structure, subject to section 3.7.
4.4.2 Zoning Requirements
Any permitted use, or new lot, in the General Commercial Zone shall comply with
the following regulations:
General Commercial (GC) Zone
Serviced Lots
Unserviced Lots
Minimum Lot Area
675 m2
4 000 m2
Minimum Lot Frontage
22.5 m
54 m
Minimum Front or Flankage Yard
Arterial or Collector Highways
All Other Streets and Roads
7.5 metres
15 m
7.5 m
Minimum Rear Yard
7.5 m
7.5 m
Minimum Side Yard
2.4 m on one side and
1.2 m on the other
2.4 m on one side and
1.2 m on the other
Maximum Lot Coverage
50%
50%
Maximum Building Height
15 m
15 m
94
4.4.3 No main building or structure may be placed, erected or altered, and no building shall
be altered to become a main building on a lot except in conformity with the following:
a) no portion of any parking area shall be located within 2 metres of any street line;
b) no parking space shall be located closer than 3 metres from a lot line of any
property occupied by a single unit or two unit dwelling, except where a fence or
other physical barrier is provided, in which case no parking spaces shall be located
within 1 metre of the adjoining property;
c) where a lot located within a GC Zone abuts a lot in a RS, RR, or CU Zone, the minimum
side yard within the GC Zone from the abutting lot line shall be 2.5 metres.
4.4.4 No portion of any lot in a General Commercial Zone shall be used for the collection
or storage of refuse unless it is stored in a container screened by an opaque fence or
similar structure.
95
4.5
Industrial (I) Zone
4.5.1 Permitted Uses
Any land, building or structure may be used for the purpose of, and for no other
purpose:
a) one or more of the following main uses:
i)
industrial use
ii)
an automobile sales room, sales lot or auto or truck repair facility
iii) an automobile or truck service station, gas bar, refuelling facility, and
automobile rental outlet
iv) a manufacturing, fabricating, assembling, or processing plant
v)
a recycling depot
vi) a salvage yard
vii) a trucking or railway depot, or distribution centre
viii) a wholesale or retail establishment or warehouse
ix) a contractor's office and/or yard
x)
indoor and outdoor cannabis production facilities
b) any accessory building, structure, or use, incidental to any permitted main use
of the land, building, or structure, subject to section 3.7.
96
4.5.2 Zoning Requirements
Any permitted use, or new lot, in the Industrial Zone shall comply with the following
regulations:
4.5.3 No main building or structure may be placed, erected or altered, and no building shall
be altered to become a main building on a lot except in conformity with the following:
a) no portion of any parking area shall be located within 2 metres of any street line;
b) no parking space shall be located closer than 3 metres from a lot line of any
property occupied by a single unit or two unit dwelling, except where a fence or
other physical barrier is provided, in which case no parking spaces shall be located
within 1 metre of the adjoining property; and
c) where a lot located within an Industrial Zone abuts a lot in a Residential or
Community Use Zone, the minimum side yard within the Industrial Zone from the
abutting lot line shall be 2.5 metres.
97
Industrial (I) Zone
Serviced Lots
Unserviced Lots
Minimum Lot Area
675 m2
4 000 m2
Minimum Lot Frontage
22.5 m
54 m
Minimum Front or Flankage Yard
Arterial or Collector Highways
All Other Streets and Roads
7.5 metres
15 m
7.5 m
Minimum Rear Yard
7.5 m
7.5 m
Minimum Side Yard
2.4 m on one side and
1.2 m on the other
2.4 m on one side and
1.2 m on the other
Maximum Lot Coverage
50%
50%
Maximum Building Height
15 m
15 m
4.5.4 No portion of any lot in an Industrial Zone shall be used for the collection or storage
of refuse unless it is stored in a container screened by an opaque fence or similar
structure.
98
4.6
Rural Area (RA) Zone
4.6.1 Permitted uses
Any land, building or structure may be used for the purpose of, and for no other
purpose:
a) one or more of the following main uses:
i) a single unit dwelling
ii) a mini home
iii) a two unit dwelling
iv) a recreational use
v) an institutional use
vi) a forestry activity
vii) an agricultural use subject to 3.35
viii) a veterinary clinic
ix) a bed and breakfast/tourist home
x) a kennel, subject to section 3.24
b) the following main use subject to such terms and conditions as may be imposed
by the Committee:
i) an event venue
99
ii) a campground subject to section 3.25
c) one of the following secondary uses in conjunction with a permitted single unit
dwelling:
i) a daycare centre subject to section 3.20
ii) a garden suite subject to section 3.32.1 or an accessory dwelling unit subject
to section 3.32.2
iii) a home-based business or home industry subject to section 3.21
d) subject to section 3.7, any accessory building, structure, or use, incidental to
the permitted main use of the land, building, or structure.
4.6.2 Zoning Requirements
Any permitted use, or new lot, in the Rural Area Zone shall comply with the following
regulations:
Rural Area (RA) Zone - Unserviced Lots
Minimum Lot Area
2 ha
Minimum Lot Frontage
150 m
Minimum Front or Flankage Yard
Arterial or Collector Highways
All Other Streets and Roads
15 m
7.5 m
Minimum Rear Yard
7.5 m
Minimum Side Yard
2.4 m
Maximum Lot Coverage
50%
100
4.7
Agriculture (A) Zone
4.7.1 Permitted Uses
Any land, building or structure may be used for the purpose of, and for no other
purpose:
a) One or more of the following main uses:
i) agricultural use subject to section 3.35
ii) forestry use
iii) aquaculture use
iv) veterinary clinic
v) kennel subject to section 3.24
vi) resource-related use
vii) recreation use
viii) single unit dwelling
ix) camp, subject to section 3.23
x) institutional use
xi) wind turbines subject to section 3.22
b) One or more of the following secondary uses:
i) Home-based business or home industry, subject to section 3.21
101
ii) a garden suite subject to section 3.32.1 or an accessory dwelling unit subject
to section 3.32.2
iii) light commercial or event venue use subject to section 3.27
iv) an abattoir as a secondary use to an agricultural use
c) One or more accessory buildings, structures or uses, related to the main use of
the land, building or structure if such main use is permitted by this subsection.
d) The following uses are permitted subject to such terms and conditions as may
be imposed by the Planning Review and Adjustment committee:
i) residential buildings secondary to agricultural use
ii) a campground subject to section 3.25
4.7.2 Zoning Requirements
Any permitted use, or new lot, in the Agricultural Zone shall comply with the
following regulations:
Agricultural (A) Zone
Minimum Lot Area
2 ha
Minimum Lot Frontage
150 m
Minimum Front or Flankage Yard
Arterial or Collector Highways
All Other Streets and Roads
15 m
7.5 m
Minimum Rear Yard
6 m
Minimum Side Yard
one side
other side
3 m
3 m
Maximum Lot Coverage
50%
Maximum Building Height
11 m
102
4.8
Resource Development (RD) Zone
4.8.1 Permitted Uses
Any land, building or structure may be used for the purpose of, and for no other
purpose:
a) One or more of the following main uses:
i) Forestry uses
ii) Resource-related uses
iii) Resource extraction subject to section 4.8.3
iv) Recreation uses
v) Agricultural uses subject to section 3.35
vi) Aquaculture uses
vii) Wind turbines subject to section 3.22
viii) A camp subject to section 3.23
ix) A light commercial or event venue use subject to section 3.27
x) Existing residential use
b) One or more of the following secondary uses:
i) Mobile asphalt plant as a secondary use to a resource extraction use
ii) A home-based business or home industry subject to section 3.21
103
iii) a garden suite subject to section 3.32.1 or an accessory dwelling unit subject
to section 3.32.2
c) One or more accessory buildings, structures or uses, related to the main use of
the land, building or structure if such main use is permitted by this subsection.
d) The following uses are permitted subject to such terms and conditions as may
be imposed by the Planning Review and Adjustment committee:
i) a campground subject to section 3.25
4.8.2 Zone Requirements
Any permitted use, or new lot, in the Resource Development Zone shall comply
with the following regulations:
Resource Development (RD) Zone
Minimum Lot Area
2 ha
Minimum Lot Frontage
150 m
Minimum Front or Flankage Yard
Arterial or Collector Highways
All Other Streets and Roads
15 m
7.5 m
Minimum Rear Yard
6m
Minimum Side Yard
one side
other side
3 m
3 m
Maximum Lot Coverage
50%
Maximum Building Height
11 m
104
4.8.3 All pits and site plans must meet the following standards:
a) no extraction shall be undertaken:
i) within 30 metres of any hydrographic source;
ii) below the groundwater table;
b) the extraction site shall be of a minimum distance of 30 metres from the
property limits, 100 metres from the street, and 150 metres from any existing
dwelling;
c) the operator shall keep the access routes and streets free of dust while
transporting the materials;
d) the main entrances to the site shall have a barrier to control access to the site;
e) for public safety, signs shall be placed at each entrance (main entrance,
secondary entrance, tracks and/or trails, etc.) bearing the word "Danger", the
nature of the operation and a no trespassing. Fencing may be required around
part, or all of the site or pit extraction area;
f) the operation shall maintain safety slopes at 35% or less, unless it is demonstrated
that the ground can be stabilized in such a way as to prevent landslides and
erosion; and
g) all surface water shall either be contained within the site limits, or pass through
a sedimentation basin before running outside site limits.
105
4.9
Intensive Resource Development (IRD) Zone
4.9.1 Permitted Uses
Any land, building or structure may be used for the purpose of, and for no other
purpose:
a) One or more of the following main uses:
i) Resource-related uses
ii) Resource extraction subject to section 4.8.3
iii) A quarry
iv) Recreation uses
v) Agricultural uses subject to section 3.35
vi) Aquaculture uses
vii) Wind turbines subject to section 3.22
viii) A camp subject to section 3.23;
ix) A salvage yard subject to section 3.26
x) Light and intensive commercial uses subject to section 3.27
xi) Industrial uses
xii) A water bottling operation
106
xiii) An asphalt plant
xiv) An abattoir
xv) A landfill
b) One or more accessory buildings, structures or uses, related to the main use of
the land, building or structure if such main use is permitted by this subsection.
c) The following uses are permitted subject to such terms and conditions as may
be imposed by the Planning Review and Adjustment committee:
i) A campground, subject to section 3.25
4.9.2 Zone Requirements
Any permitted use, or new lot, in the Intensive Resource Development Zone shall
comply with the following regulations:
Intensive Resource Development (IRD) Zone
Minimum Lot Area
2 ha
Minimum Lot Frontage
150 m
Minimum Front or Flankage Yard
Arterial or Collector Highways
All Other Streets and Roads
15 m
7.5 m
Minimum Rear Yard
6m
Minimum Side Yard
one side
other side
3 m
3 m
Maximum Lot Coverage
50%
Maximum Building Height
11 m
107
4.10
Community Use (CU) Zone
4.10.1 Permitted Uses
Any land, building or structure may be used for the purpose of, and for no other
purpose:
a) one or more of the following main uses:
i) lift stations, lagoons, and other public works
ii) fairground or recreational use
iii) a government or municipal building
iv) cultural establishment including a community centre, library and museum
v) medical & health office
vi) a daycare centre
vii) an institutional use
b) subject to section 3.7, any accessory building, structure, or use, incidental to
the permitted main use of the land, building, or structure.
4.10.2 Zone Requirements
Any permitted use, or new lot, in the Community Use Zone shall comply with the
following regulations:
108
109
Community Use (CU) Zone
Serviced Lots
Unserviced Lots
Minimum Lot Area
675 m2
4 000 m2
Minimum Lot Frontage
22.5 m
54 m
Minimum Front or Flankage Yard
Arterial or Collector Highways
All Other Streets and Roads
7.5 metres
15 m
7.5 m
Minimum Rear Yard
7.5 m
7.5 m
Minimum Side Yard
2.4 m on one side and
1.2 m on the other
2.4 m
Maximum Lot Coverage
50% maximum
50% maximum
Maximum Building Height
15 mm
15 m
4.11
Open Space (OS) Zone
4.11.1 Permitted Uses
Any land, building or structure may be used for the purpose of, and for no other
purpose:
a) One or more of the following main uses:
i) parks or open space for natural, aesthetic, or scientific interest, including
interpretative uses or displays
ii) passive recreational uses
iii) agricultural uses that do not include permanent buildings or structures
iv) trails
v) public works associated with flood control or sewage treatment, or other
similar uses
vi) Boat launching area
4.11.2 Zone Requirements
a) No habitable buildings, development, or structure shall be permitted in any OSC
Zone.
b) An accessory building is permitted in the OSC Zone on a lot with a residential
building in existence prior to the adoption of this by-law.
110
4.12
Water Protection (WP) Zone
4.12.1 Permitted Uses
Any land, building or structure may be used for the purpose of, and for no other
purpose:
a) subject to subsection c), one or more of the following main uses shall be
permitted:
i) A residential use
ii) A residential care facility
iii) Institutional uses
iv) Agricultural uses subject to section 3.35
v) Aquaculture uses
vi) Resource-related uses
vii) Recreation uses
viii) Wind turbines subject to section 3.22
ix) A camp subject to section 3.23
b) One or more of the following secondary uses in conjunction with a single unit
dwelling, subject to the Clean Water Act:
i) a home-based business subject to section 3.21
ii) a garden suite subject to section 3.32.1 or an accessory dwelling unit subject
to section 3.32.2
111
c) Any permitted use in this section is subject to the Clean Water Act and any
regulation thereunder, more particularly, the Watershed Protected Area
Designation Order and the Wellfield Protection Designation Order.
d) Subject to section 3.7, any accessory building, structure, or use, incidental to
the permitted main use of the land, building, or structure.
4.12.2 Zone Requirements
Any permitted use, or new lot, in the Water Protection Zone shall comply with the
following regulations:
Water Protection (WP) Zone
Minimum Lot Area
2 ha
Minimum Lot Frontage
150 m
Minimum Front or Flankage Yard
Arterial or Collector Highways
All Other Streets and Roads
15 m
7.5 m
Minimum Rear Yard
6m
Minimum Side Yard
one side
other side
3 m
3 m
Maximum Lot Coverage
50%
Maximum Building Height
11 m
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4.13
Dwelling Group (DG) Zone
4.13.1 Permitted Uses
Any land, building or structure may be used for the purpose of, and for no other
purpose:
a) One or more of the following main uses:
i) Residential uses subject to section 4.13.2b)
ii) A passive recreation use
iii) Institutional uses
iv) Light commercial or event venue uses subject to section 3.27
v) A mini home park subject to section 4.13.4
vi) Recreation uses
b) One or more of the following secondary uses:
i) A home-based business or home industry subject to section 3.21
ii) An accessory dwelling unit subject to section 3.32
c) Subject to section 3.7, any accessory building, structure, or use, incidental to
the permitted main use of the land, building, or structure.
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4.13.2 Zone Requirements
Any permitted use, or new lot, in the Dwelling Group Zone shall comply with the
following regulations:
4.13.3 All developments within the Dwelling Group Zone are subject to the following:
a) all on-site maintenance (e.g. garbage collection, snow removal) and infrastructure
(e.g. accesses, fire hydrants) are the responsibility of the property owner(s);
b) all condominium developments must be registered under the New Brunswick
Condominium Act;
c) all development must follow the National Building Code fire safety setbacks; and
d) the approval of the local fire chief must be obtained regarding access for
emergency vehicles.
Dwelling Group (DG) Zone
Minimum Lot Area
2 ha
Minimum Lot Frontage
150 m
Minimum Front or Flankage Yard
Arterial or Collector Highways
All Other Streets and Roads
15 m
7.5 m
Minimum Rear Yard
6m
Minimum Side Yard
one side
other side
3 m
3 m
Maximum Lot Coverage
50%
Maximum Building Height
11 m
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4.13.4 A Mini Home Park in the Dwelling Group Zone shall meet the following requirements:
a) be serviced by an internal roadway system having a width of at least 12 metres;
b) be serviced by common water and sewer facilities approved by appropriate
provincial agencies;
c) all spaces shall:
i) have and contain a width and area of at least 12 metres and 375 m2,
respectively;
ii) abut the internal roadway system;
iii) include parking for at least one vehicle
d) no mini home shall be located within:
i) 3 metres of the internal roadway system,
ii) 7.5 metres of a boundary of the park, or of a service building within it;
iii) 7.5 metres of another mini home, except that, when two of them are placed
end to end on adjoining spaces, this distance may be reduced to 4 metres, or
e) all service buildings shall be permanent structures complying with the Building
Code, in effect at the time of this by-law.
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4.14
Infill Overlay (IF) Zone
4.14.1 The purpose of the Infill Overlay Zone is to identify areas within 75 metres of the
public right-of-way where smaller lot sizes for residential uses may be accommodated
as per section 4.2.2.
4.14.2 The permitted uses in the Infill Overlay Zone shall be any use permitted in the
underlying zone.
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4.15
Integrated Development (ID) Zone
4.15.1 Permitted Uses
No development shall be undertaken nor shall any land, building or structure be
used on a lot within any integrated development zone unless Council has approved
the development of a specific proposal under Section 58 of the Act.
4.15.2 Zone Requirements
Standards or requirements for development in an integrated development zone
shall be established by agreement entered pursuant to Section 59 of the Act.
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