Village of Norton Planning Area Rural Plan (2017) — now Valley Waters
Valley Waters, New Brunswick
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Table of Contents
Part A: Title, Area Designation, and Adoption ...................................................................... 1
1.0
Introduction ............................................................................................................ 1
1.1 Title ......................................................................................................................................... 1
1.2 Area of Designation ................................................................................................................ 1
1.3 Adoption ................................................................................................................................. 1
Part B: Objectives, Policies and Proposals ............................................................................ 2
2.0
Objectives of the Rural Plan ..................................................................................... 2
2.1 Residential Uses ..................................................................................................................... 3
2.2 Commercial Uses .................................................................................................................... 4
2.3 Industrial Uses ........................................................................................................................ 5
2.4 Institutional Uses .................................................................................................................... 5
2.5 Recreational Facilities and Public Open Spaces ..................................................................... 6
2.6 Heritage Buildings and Sites of Historical or Archeological Interest ...................................... 6
2.7 Resource Uses ........................................................................................................................ 7
2.8 Transportation ........................................................................................................................ 8
2.9 Protection of Water Supplies ................................................................................................. 9
2.10 Conservation of the Physical Environment .......................................................................... 10
Part C: Zoning Provisions .................................................................................................. 11
3.0
Definitions ............................................................................................................. 11
4.0
Purpose, Administration, Classification & Conformity ............................................. 18
5.0
General Provisions ................................................................................................. 21
5.1 Residential Development Near a Lagoon or Treatment Plant.............................................. 21
5.2 Dwellings per Lot .................................................................................................................. 21
5.3 Building and Structure Projections ....................................................................................... 21
5.4 Off-Street Parking ................................................................................................................. 21
5.5 Vehicular Off-Street Loading and Unloading ........................................................................ 22
5.6 Home Occupations ............................................................................................................... 23
5.7 Home or Farm Industry ........................................................................................................ 23
5.8 Stripping of Topsoil ............................................................................................................... 24
5.9 Signs ..................................................................................................................................... 24
5.10 Lighting Facilities and Illuminating Devices .......................................................................... 25
5.11 Permits for New Pit and Quarry Operations ........................................................................ 25
5.12 Operating and Rehabilitation Standards for Pit and Quarry Operations ............................. 26
5.13 Accessory Apartments .......................................................................................................... 28
5.14 Access to a Public Street....................................................................................................... 28
5.15 Line of Vision at Intersection ................................................................................................ 28
5.16 Height Exceptions ................................................................................................................. 28
5.17 Enclosures for Swimming Pools ............................................................................................ 28
5.18 Development Adjacent to a Wetland or Watercourse ......................................................... 29
5.19 Garden Suites ....................................................................................................................... 29
5.20 Agricultural Operations ........................................................................................................ 30
5.21 Existing Buildings upon an Undersized Lot ........................................................................... 30
5.22 Steep Slopes ......................................................................................................................... 30
5.23 Infill Development ................................................................................................................ 30
5.24 Solar Collector Development ............................................................................................... 30
5.25 Wind Turbine Development ................................................................................................. 31
5.26 Vehicular Bodies ................................................................................................................... 31
5.27 Size of Dwelling Units ........................................................................................................... 31
5.28 Landscaping .......................................................................................................................... 32
5.29 Fences ................................................................................................................................... 32
5.30 Recreational Vehicles ........................................................................................................... 32
6.0
Zones .................................................................................................................... 33
6.1 Central Residential - "CR" ZONE ........................................................................................... 33
6.2 Single, Two-Family and Four-Family Residential - "R-1" ZONE ............................................ 36
6.3 Multiple-Family Residential - "R-2" ZONE ............................................................................ 38
6.4 Central Commercial - "CC" ZONE ......................................................................................... 39
6.5 Highway Commercial - "HC" ZONE ...................................................................................... 41
6.6 Institutional - "INST" ZONE .................................................................................................. 43
6.7 Park - "P" ZONE .................................................................................................................... 45
6.8 Open Space - "OS" ZONE ..................................................................................................... 45
6.9 Rural - "RU" ZONE ................................................................................................................ 46
6.10 Rural Commercial - "RC" ZONE ............................................................................................. 48
6.11 Aggregrate Extraction - "AE" ZONE ...................................................................................... 49
ENACTMENT ........................................................................................................................................ 50
PART A: TITLE, AREA OF DESIGNATION, AND ADOPTION
1
1.0 Introduction
The Village of Norton is located in south-central New Brunswick. It sits on the banks of the Kennebecasis River
which is situated within the Saint John River Valley, known for its gently rolling hills, rich farmland and sweeping
forests.
The local region is made up of agriculture and forestry and aggregate extraction, giving the Village of Norton a
distinctive rural character. It also offers a diversity of commercial enterprises as well as established residential
areas along with the everyday conveniences such as general service shops and a range of recreational
opportunities.
1.1 Title
This Rural Plan may be cited as the Village of Norton Rural Plan.
1.2 Area of Designation
The area of land lying within the municipal boundaries of the Village of Norton, as outlined on the attached
Schedule A, entitled "Village of Norton Zoning Map" is designated as the area for the adoption of this Rural Plan.
1.3 Adoption
Under the Community Planning Act, the Village of Norton hereby adopts as a by-law the Village of Norton Rural
Plan - By-law 2017-21-00. This by-law replaces the Village of Norton Rural Plan - Zoning By-Law No. 2004-17-
00, enacted in 2004, and any amendment made to it, is hereby repealed.
PART B: OBJECTIVES, POLICIES, AND PROPOSALS
2
2.0
Objectives of the Rural Plan
The Village of Norton Rural Plan will allow the Village to develop a vision for its future, and set objectives for the
future development within its borders. The objectives of the Village of Norton reflect the community's aspirations
for the future development of the area. The objectives provide a reference for those who administer and enforce
the rural plan to use when making land use decisions. The objectives of the Rural Plan are as follows:
(a)
To promote a pattern of growth and land use which will ensure orderly, efficient and equitable
development in a sustainable manner;
(b)
To be aware of the variety of land use needs within the planning area while attempting
separation of incompatible uses;
(c)
To ensure the efficient provision of a street network and water and sewer infrastructure as the
basic framework around which the community will grow;
(d)
To ensure the provision of community facilities and services to all residents of the community;
(e)
To encourage the provision of a range of housing types in terms of size, type, and ownership
status to meet the needs of all age groups and incomes;
(f)
To provide a full range of recreation facilities and programs to serve all areas and all age groups
in the community;
(g)
To direct commercial and industrial uses that support the local economy and benefit the local
community to appropriate locations;
(h)
To protect and enhance the natural environment and to encourage development methods which
will help to mitigate impacts on environmentally sensitive areas; and
(i)
To provide for sustainable agricultural and resource-related activities in a manner compatible with
existing urban-related uses and the natural environment.
PART B: OBJECTIVES, POLICIES, AND PROPOSALS
3
2.1 Residential Uses
Policies
It is a policy to encourage residential infilling and growth of subdivisions in areas where investment in
infrastructure and community facilities has already been made.
It is a policy to allow for a range of housing types to meet a wide range of housing needs.
It is a policy to encourage the maintenance of properties.
Proposals
It is proposed that unserviced development (sewage disposal systems) will be permitted where there is a
reliable source of potable water and where the development will not have a negative impact on the availability
or quality of groundwater for surrounding uses.
It is proposed that higher density residential development (5 or more units, whether new units or conversion of
existing single family dwellings) and commercial types of residential accommodations be subject to a rezoning
to ensure the suitability of the location including but not limited to such matters as servicing, access, parking,
buffering and setbacks.
It is proposed that mini-home parks will be subject to a rezoning to ensure the suitability of the location
including but not limited to such matters as servicing, access, parking, buffering and setbacks.
It is proposed that garden suites will be permitted subject to zone provisions to ensure suitability of location
and that the use does not become a second residence in the long term.
It is proposed to require land dedications for public purposes or cash in lieu of land, in the subdivision process.
It is proposed the maintenance of a high standard of housing will be encouraged through the enforcement of
the municipal Dangerous and Unsightly Premises By-law.
PART B: OBJECTIVES, POLICIES, AND PROPOSALS
4
2.2 Commercial Uses
Policies
It is a policy to encourage the development and expansion of the central business area as the major
focus of commercial activity in the Village.
It is a policy to provide for compatible local or neighbourhood commercial development in other areas of
the Village to adequately serve the needs of neighbourhood residents.
It is a policy to allow for a range of commercial activities within the rural area of the Village that are
compatible with and supportive of the rural character of the area.
It is a policy to provide opportunities for home-based commercial operations as a means of encouraging
economic activity in the Village.
It is a policy to provide safe and suitable areas for highway commercial development catering to highway
and tourist-related needs of residents and visitors.
Proposals
It is proposed to identify a Central Commercial Zone which will serve as the major focus of commercial
development of the Village.
It is proposed to identify a Rural Commercial Zone which will accommodate existing larger scale
commercial operations in the rural area.
It is proposed to identify a Highway Commercial Zone to which development catering to the traveling
public will be directed and that any application for rezoning to a Highway Commercial zone will evaluate
the following:
(a)
that the site has adequate access to arterial or collector streets;
(b)
that the site, in the opinion of the Village, can be adequately serviced by water and sewer
services in accordance with provincial regulations covering development on individual wells
and sewage disposal systems;
(c)
that the site is of sufficient size to meet all parking, loading, setback, lot coverage,
landscaping and other requirements set out in this by-law;
(d)
that consideration be given to protection of adjacent residential development by:
(i)
requiring an acceptable buffer strip of trees, shrubs or hedges;
(ii)
specifying the size, type and location of signing and lighting to be used; and
(e)
any other criteria deemed appropriate by Council.
It is proposed that a range of home-based occupations will be permitted accessory to primary residences
subject to provisions to ensure compatibility with surrounding residential uses.
It is proposed that bakeries and personal service shops be permitted in the Central Residential and
Single-Family Residential Zone subject to provisions that will address compatibility with surrounding
residential uses.
It is proposed that a cannabis retail store be considered as an amendment to this By-law.
PART B: OBJECTIVES, POLICIES, AND PROPOSALS
5
2.3 Industrial Uses
Policies
It is a policy to direct industrial development to locations that have easy access to major transportation
routes, have minimal impact on the natural environment, and could be serviced in the future.
Proposals
It is proposed that an industrial zone will be established and that zone provisions address area, yard and
height requirements, parking, loading, signing, and landscaping requirements.
It is proposed that only uses that do not require water in processing or manufacturing will be permitted
until such time as municipal water services are available.
It is proposed that Council will strive to identify a suitable site for an Industrial Park.
It is proposed that the operation of an asphalt plant, either portable or permanent, would be considered as
an amendment to this By-law.
2.4 Institutional Uses
Policies
It is a policy to encourage community use of school facilities, church and public halls.
Proposals
It is proposed that churches, cemeteries, playgrounds, parks and schools be permitted in the Rural Zone.
It is proposed that the rezoning of lands for institutional uses shall be based on consideration of the
following:
(a)
that the site is located on, or has convenient access to an arterial or collector street;
(b)
that adequate provisions for any required pedestrian access has been incorporated;
(c)
that an adequate buffer as required by the zoning provisions be provided adjacent to any
neighbouring residential uses; and
(d)
that off street parking has been provided in accordance with the provision outlined in the
Rural Plan.
It is proposed that the continued use of public buildings and school facilities such as gymnasiums, sports
fields and possibly classroom or meeting facilities for community activities and adult education courses be
encouraged.
PART B: OBJECTIVES, POLICIES, AND PROPOSALS
6
2.5 Recreation Facilities and Public Open Spaces
Policies
It is a policy to provide neighbourhood recreation facilities to serve as many residents as possible.
It is a policy to provide and protect open spaces and natural areas for the enjoyment of all residents.
It is a policy to limit development in flood risk areas in order to reduce property loss and environmental
damage.
Proposals
It is proposed that lands owned by the Village or Province and used for recreation purposes be zoned
"Park".
It is proposed that Council develop a Recreation Plan to identify opportunities and priorities for protection
of lands or acquisition of lands for public purposes.
It is proposed by Council that all areas zoned "Open Space" shall be reserved and protected to serve as
passive recreation areas or merely left undisturbed to fulfill their naturally intended functions and enjoyed
for their aesthetic appeal. These open spaces should include: government-owned parks and open
areas, cemeteries, flood plains, and trails.
It is proposed that floodplains will be zoned as "Open Space" on the Rural Plan Zoning Map with the
exception of those areas that are already developed and zoned otherwise on the Rural Plan. The
delineation of the floodplains in the "Open Space" zone shall include those lands identified as the 1 in 20
year and 1 in 100 year flood levels as shown on the 1:5,000 scale map sheet (#FR05 456300 65672) and
the 1:10,000 scale map sheets (#FR 21H/12-V4 and #FR 21H/12-V2) available from the province.
2.6 Heritage Buildings and Sites of Historical or Archeological Interest
Policies
It is a policy to protect buildings and sites of heritage or archaeological significance.
Proposals
It is proposed that the coordination of heritage initiatives be in cooperation with the Provincial and Federal
Governments and non-governmental heritage organizations to assist in identifying and protecting the
Village's most valuable heritage resources.
It is proposed that Council will designate under the Municipal Heritage Preservation Act, where
appropriate, heritage preservation areas, including heritage structures, sites and streetscapes, to promote
the cultural, educational and economic development of the Village.
It is proposed that Council implement an on-going heritage program to:
(a)
enhance public awareness of heritage resources and issues;
(b)
develop an inventory of heritage resources in the Village;
(c)
identify and prioritize heritage resources of particular significance; and
(d)
identify and pursue alternate incentives and methods to facilitate the preservation of
valuable heritage resource.
PART B: OBJECTIVES, POLICIES, AND PROPOSALS
7
2.7 Resource Uses
Policies
It is a policy to protect undeveloped land within the Village which is currently used, or has potential to be
used, for rural uses such as agriculture, forestry, fishing and mineral/aggregate resource extraction.
It is a policy to encourage sustainable development practices.
It is a policy to minimize conflicts between rural and urban uses.
It is a policy to allow a limited range of commercial activity that maintains the rural character of the area.
Proposals
It is proposed that a Rural Zone be established that allows for a range of uses including resource based
activities, residential uses, recreation and tourism, some institutional uses, as well as commercial uses
subject to provisions to ensure compatibility with surrounding uses and protection of the environment.
It is proposed that any terms and conditions that might be imposed on new commercial uses should
address, but not be limited to, the maintenance of the rural landscape, compatibility with resource based
uses, as well as potential impacts on neighbouring uses and the natural environment.
It is proposed that zone provisions be established to adequately separate livestock facilities and
residential uses.
It is proposed that Council support the efforts of the agricultural and forestry industries to operate in a
sustainable manner and address potential impacts of these resource activities on the environment.
It is proposed by Council that the operation of new pits will be a permitted use within the Rural Zone
subject to the issuance of an excavation permit and compliance with zoning provisions addressing such
matters as impact on the environment, neighbouring land uses, and public safety.
It is proposed that new quarry operations would be considered as an amendment to this By-law.
PART B: OBJECTIVES, POLICIES, AND PROPOSALS
8
2.8 Transportation
Policies
It is a policy to ensure that the Department of Transportation and Infrastructure continues the
maintenance and upgrading of all Provincially-designated routes to provide for convenient and safe
movement of vehicles and pedestrians through the Village.
It is a policy to upgrade and maintain existing streets to acceptable standards for right-of-way width,
surface condition, drainage and safety considerations.
It is a policy to encourage development of subdivision streets off the main highways.
It is a policy to provide for the safe movement of pedestrians and bicycles along and across major arterial
and collector streets as well as between subdivisions.
It is a policy to ensure provision of acceptable parking and loading areas in the Village.
Proposals
It is proposed that an annual inspection of all Village streets and roads is conducted with respect to
roadway (surface and shoulder) conditions, drainage and ditching, and safety concerns.
It is proposed that Council develop a list of priorities for upgrading and maintenance, and undertake
necessary improvements that are the Village's responsibility as finances become available.
It is proposed that these roadway improvements be coordinated with any future extension of the
municipal sewer system.
It is proposed that sidewalks and bicycle routes be provided as funding permits and opportunities arise
(such as the upgrading streets and highways or the constructing of water and sewer systems) along
existing and future streets, with priority given to those streets linking on which community facilities such
as schools, churches, recreation areas and shopping facilities are located.
It is proposed that the provision of pedestrian crosswalks at major intersections along Routes 124 and
121 and across all future collector streets be considered in order to provide safe access to community
facilities such as schools, recreation and shopping areas. Pavement markings, overhead signs, and in
some cases pedestrian activated walk lights, should be considered.
It is proposed that all future off-street parking and loading be provided in accordance with the zone
provisions.
PART B: OBJECTIVES, POLICIES, AND PROPOSALS
9
2.9 Protection of Water Supplies
Policies
It is a policy to ensure protection of the ground water resources in the Village.
It is a policy to maintain and expand the municipal sewage collection and treatment system.
It is a policy to ensure that the water supply and sewage disposal system meets the minimum standards
required by the Province of New Brunswick for development in unserviced areas.
Proposals
It is proposed by Council to initiate a public education program with respect to the protection of individual
wells.
It is proposed by Council to investigate the potential site for a future municipal well and undertake the
necessary steps to protect surrounding lands from uses that might impact water quality.
It is proposed by Council to maintain the present sewage collection and treatment system and to expand
the system as required to accommodate future subdivision growth.
It is proposed by Council, with respect to all development applications (building permits or subdivision
applications) that require septic tanks, to ensure that requirements under Provincial regulations
pertaining to lot sizes and sewage disposal systems are met.
It is proposed that in areas that are eventually proposed to be serviced by municipal water and sewer
systems, new residences or structures shall be encouraged to locate on a front quarter of the lot to
facilitate the potential for resubdivision at such time as full services are available.
It is proposed that innovative forms of residential development that provide environmentally-conscious
communal services and which protect the natural environment will be encouraged subject to an
amendment to the Rural Plan.
It is proposed that creation of new residential lots will be subject to approval by the Commission of a
Water Supply Assessment as submitted by the proponent where 10 or more lots are being proposed, or
if there is a cumulative total of 10 or more lots from an original lot in existence as of September 01, 1998,
or where the lots proposed are in an area with documented drinking water quality or quantity problems.
PART B: OBJECTIVES, POLICIES, AND PROPOSALS
10
2.10 Conservation of the Physical Environment
Policies
It is a policy to preserve and enhance the natural and built environment.
It is a policy to ensure suitable control over land uses which utilize hazardous chemicals and which have
potential to contaminate the environment and cause health or safety problems.
Proposals
It is proposed that all future uses which utilize materials and chemicals which may be hazardous to
human health if permitted to enter the soil, water or atmosphere, should be prohibited from any area
except in an Industrial Zone.
It is proposed that Council should also urge the provincial government to initiate comprehensive
legislation dealing with the use, transportation and storage of hazardous materials.
It is proposed that the preservation and enhancement of the natural and built environment shall be
encouraged by:
(a)
protecting wetlands, marshes, and watercourses by restricting development within 30
metres of these features;
(b) protecting and preserving existing trees and shrubs and instituting a tree planting program;
(c)
maintaining and landscaping public buildings and lands;
(d)
encouraging the maintenance and enhancement of the commercial areas through
maintenance and paint-up campaigns, the control of the location, size and type of signs,
as well as the provision of landscaping and street furniture where possible;
(e)
requiring the provision of buffer areas (green belt areas, strips of trees or shrubs and
architectural screening such as walls or fences) around commercial or industrial uses,
public parking lots or other visually unpleasant grounds or buildings as required in other
policies and zone provisions of this plan; and
(f)
enforcing the Unsightly Premises By-law to enhance the residential environment.
PART C: ZONING PROVISIONS
11
3.0 Definitions
In this By-law,
"agricultural use" includes one or more of the following:
the clearing, draining, irrigating or cultivation of land,
the raising of livestock, including poultry,
the raising of fur-bearing animals,
the raising of bees,
the production of agricultural field crops,
the production of fruits, vegetables, and other specialty horticultural crops,
the production of eggs and milk,
the production of berry crops,
the production of maple syrup and similar products,
the operation of agricultural machinery and equipment, including irrigation pumps,
the preparation of a farm product for distribution from the farm gate, including cleaning, grading,
and packaging,
the on-farm processing of farm products for the purpose of preparing farm products for
wholesale on retail consumption,
the storage, use or disposal of organic wastes for farm purposes,
the operation of pick-your-own farms, roadside stands, farm produce stands, and farm tourist
operations as part of a farm operation, or,
any other agricultural activity or process prescribed by Provincial authorities, which is carried on
for gain or reward or in the hope or expectation of gain or reward;
"alter" means to make any change, structurally or otherwise, in a building or structure which is not for
purposes of maintenance only;
"animal unit" means the number of livestock or poultry that produce one animal unit as follows:
(a) one horse, cow, steer, bull, pig, or mule, including offspring until weaning,
(b) two llama, alpacas, or donkeys, including offspring until weaning,
(c) five sheep, goats, or emu, including offspring until weening,
(d) eight turkeys or geese,
(e) twenty-five chickens, ducks, or furbearing animals, excluding fox or mink;
"automotive sales or rental establishment" means an establishment having as its main use the storage
of vehicles for sale, rent, or lease and accessory uses which may include facilities for the repair and
maintenance of such vehicles;
"bachelor apartment" means a dwelling unit in a multiple dwelling, consisting of not more than one
habitable room together with kitchen or kitchenette and sanitary facilities;
"bed and breakfast" means a dwelling in which the resident owner or resident manager provides short-
term overnight accommodation and meals, usually breakfast, to the public;
"building" means a roofed erection with solid exterior walls which is used or intended as a shelter for
persons, animals or chattels;
"building, accessory" means a detached subordinate building, not used for human habitation, located
on the same lot as the main building, structure or use to which it is accessory, the use of which is
naturally or customarily incidental and complementary to the main use of the land, building or structure;
PART C: ZONING PROVISIONS
12
"building, main" means a building in which is conducted the main or principle use of the lot on which
the building is located;
"business complex" means any building or part thereof in which one or more persons are employed in
the management, direction or conducting of any agency, business, brokerage, labor or fraternal
organization;
"campground" means establishments providing an area of land, other than a mobile home park, where
trailers, camper trailers, tents, camping trucks, motor homes and/or other similar shelters are placed for
the purpose of providing temporary sleeping accommodations;
"cannabis retail store" means a store where cannabis is sold by an authorized service provider under
provincial legislation;
"cemetery" means land that is set apart or used for the interment of the dead;
"commercial recreational facility" means a recreation establishment operated as a business and open
to the public for a fee, but does not include a campground or motor sports facility;
"community recreational facility" means a not-for-profit facility designed and equipped for the conduct
of sports, leisure time activities, and other customary and usual recreational activities;
"Commission" means Regional Service Commission;
"confined livestock area" means an outdoor non-grazing area where livestock is confined by fences or
other structures or topography, and includes a feedlot and an exercise yard;
"day care centre" means a facility in which daycare services are provided as defined by and operated in
accordance with the Family Services Act.
"day care home" means an owner-occupied single-detached dwelling in which day care services are
provided and includes community day care home or family day care home as defined by and operated in
accordance with the Family Services Act;
"dwelling" means a main building, or a portion thereof, containing one or more dwelling units;
"dwelling, multiple-family" means a dwelling containing more than two dwelling units;
"dwelling, single-family" means a dwelling containing only one dwelling unit, but shall not include a
mini-home;
"dwelling, terrace" means a dwelling containing at least three and no more than six dwelling units, such
units being constructed adjoiningly with common walls, and not one above the other, with individual
entrances from the street level directly;
"dwelling, two-family" means a dwelling containing two dwelling units;
"dwelling unit" means a room or suite of two or more rooms designed or intended for use by an
individual or family, in which culinary facilities and sanitary conveniences are provided for the exclusive
use of such individual or family and does include modular home but not a mini-home or mobile home;
"erect" means to construct, build, assemble or re-locate a building or structure, and any physical
operations preparatory thereto;
PART C: ZONING PROVISIONS
13
"family" means one or more persons, not necessarily related, occupying a premises and living as a
single housekeeping unit, as distinguished from a group occupying a hotel or boarding or rooming
house;
"forestry use" means the general growing and harvesting of trees and without limiting the generality of
the foregoing shall include silviculture activities, the raising and cutting of fuel wood, pulp wood, lumber,
Christmas trees, and other primary forest products as well as the portable milling and sawing of wood;
"funeral home" means a building designed for the purpose of furnishing funeral supplies and services
to the public and includes facilities intended for the preparation of the dead human body for internment
or cremation.
"garden suite" means a portable or demountable one storey, one or two bedroom, self-contained
dwelling, intended to be occupied by an individual or a couple who, by reason of age, infirmity, or mental
or physical disability, are not fully able to care for themselves, and where the main dwelling on the same
lands is occupied by family members or relatives of the occupant of the garden suite;
"general service, sales and repair shop" means a building or structure, or part of a building or structure,
used for the selling, servicing or repairing of articles, goods or materials, in which no product is
manufactured, and may include radio, television, computer, small engine and appliance repair shops,
furniture repair and upholstering, or locksmiths, but does not include any automobile repair or servicing;
"grade" means the finished level of the ground at the exterior walls of a building or structure;
"heavy equipment sales or service operation" means an establishment having as its main use the
open and closed storage of heavy machinery for sale, rent, or lease and may include a building or part of
a building or structure in which such machinery is maintained or repaired;
"height" means, in relation to a building or structure, the vertical distance as measured from mean
grade to the highest point on such building or structure;
"heritage property" means features in or on the land or underwater and considered to be a consultable
record of past human activities, endeavours or events (i.e., buildings, street furniture, engineering works,
plantings and archaeological sites);
"home occupation" means a secondary use conducted in a dwelling, or an accessory building or
structure where permitted and on the same lot as the dwelling unit, for gain or support, which is
compatible with a domestic household and which is carried on by at least one member of the household
residing in that dwelling;
"home or farm industry" means a gainful occupation, trade or service for which purpose an accessory
building or structure may be used, and, without limiting the foregoing, would include the production of
arts and crafts, a shop for carpentry, electric equipment repair, woodworking, window framing, welding,
plumbing, machine or auto repair, and a service shop;
"hotel" means an establishment designed to accommodate the travelling public that consists of one or
more buildings containing four or more attached accommodation units accessible from the interior and that
may or may not have facilities for serving meals;
"infill development" means a development or redevelopment occurring on a vacant site following
completion of the initial development of the area;
"institutional use" means the use of land, building, or structures for a public non-profit purpose and
without limiting the generality of the foregoing, may include such buildings as a school, places of
PART C: ZONING PROVISIONS
14
worship, public hospitals, park and rides, medical clinics, emergency service facilities, municipal and
provincial works departments, libraries, and government buildings;
"kennel" means any premises on which five (5) or more animals over the age of six (6) months are
boarded, bred, trained or cared for in return for remuneration or are kept for the purposes of sale;
"laundromat" means a building or structure where coin-operated laundry machines, using only water,
detergents and additives are made available to the public for the purpose of laundry cleaning.
"light manufacturing, sales, or service operation" means a building or structure in which component
parts are manufactured, assembled, processed or repaired to produce a finished product that can be
sold on-site but does not include an industry that emits dirt, dust or noxious fumes into the air or that
results in noise or vibration beyond the property;
"livestock" means adult cattle, horses, mules, donkeys, sheep, pigs, goats, alpacas, llamas, emu, or
poultry;
"livestock facility" means a building used or intended to be used to confine or house livestock or a
confined livestock area, and includes a structure or area used or intended to be used to store manure.
"lot" means a parcel of land or two or more adjoining parcels held by the same owner and used or
intended to be used as the site for a building or structure or an appurtenance thereto;
"lot, corner" means a lot having two or more adjacent sides fronting on two or more intersecting or
intercepting streets;
"lot, interior" means a lot other than a corner lot;
"lot line" means a common line between a lot and an abutting lot, lane or street;
"lot line, rear" means the lot line extending along the rear of the lot;
"lot line, side" means a lot line extending from the street line to the rear of the lot;
"mini-home" means a building unit that is designed to be used with or without a permanent foundation
as a dwelling for humans, that has a width of less than six metres (20 feet) throughout its entire length
exclusive of steps or porches, that it not fitted with facilities for towing or to which towing apparatus can
be attached and that is capable of being transported by means of a flat-bed float trailer from the site of
its construction without significant alteration;
"mobile home" means a dwelling unit so constructed as to be suitable for being attached to and drawn
by a motor vehicle, notwithstanding that such vehicle is jacked up or its running gear removed;
"modular home" means any dwelling that is designed in more than one unit and is designed to be
made mobile on a temporary basis, and constructed or manufactured to provide a permanent residence
for one or more persons, but does not include a mini-home or mobile home as defined herein;
"motel" means an establishment designed to accommodate the travelling public that consists of one or
more buildings containing four or more attached accommodation units accessible from the exterior only
and that may or may not have facilities for serving meals;
"office" means a room or group of rooms used for conducting the affairs of a business, profession,
service, industry, or government;
PART C: ZONING PROVISIONS
15
"park" means a public area consisting largely of open space, which may include a conservation park or
nature trail, playing fields, playgrounds, skating rinks, community gardens, and similar outdoor recreational
activities;
"passive recreational use" means a recreational activity that generally does not require a developed
site and may include, but is not limited to: trails used for hiking, cross-country skiing, bicycling, or
horseback riding, nature interpretation or observation activities, and gardening;
"permanent asphalt plant" means a permanent facility with equipment designed to mix aggregate with
liquid asphalt to produce asphalt-paving material and includes stockpiling and storage of bulk materials
used in the process;
"personal service shop" means a building or part thereof in which services are provided and
administered to the individual and personal needs of persons, and without limiting the generality of the
foregoing, includes barber shop, hairdressing establishments, workrooms for shoe repair and shoe
shining shops, and photographic studios;
"petting zoo" a collection of farm animals, such as goats, alpacas, ducks, and sheep for children to
feed and pet;
"pit" means a disturbance of the ground or an excavation for the purposes of removing a quarriable
substance without the use of explosives, and does not include a portable asphalt plant;
"portable asphalt plant" means a facility with equipment designed to mix aggregate with liquid asphalt
to produce asphalt-paving material and includes stockpiling and storage of bulk materials used in the
process, which is not of permanent construction but which is to be dismantled at the completion of the
construction project;
"public garage" means any building, space or enclosure in which motor vehicles or power boats are
stored for use (as opposed to being stored for sale) or repaired, whether for the public, for business
purposes or for hire;
"public transportation terminal" means the use of land, buildings, or structures for the public non-
profit purposes of storing, servicing, repairing, or loading trucks, transport trailers, or buses;
"quarry" means a disturbance of the ground or an excavation for the purpose of removing quarriable
substance with the use of explosives, but does not include a portable asphalt plant;
"quarriable substance" means ordinary stone, building or construction stone, sand, gravel, clay and
soil;
"recreational vehicle" means any trailer, camper trailer, camping truck, motor home and/or other
similar shelters for the purpose of providing seasonal accommodation;
"restaurant" means a building where food is prepared and served for public consumption within the
building or as takeout but does not include a drive-thru restaurant;
"restaurant, drive-thru" means a building where food is prepared and served for public consumption
within the building or as takeout, and includes a drive-thru restaurant;
"retail store" means the sale of commodities or goods to individual consumers for personal use rather
than for the resale and, without limiting the generality of the forgoing, may include stores engaged in the
sale of antique and second-hand items, furniture, appliances, arts and crafts, books, clothing, bakeries,
drug stores, florist, convenience, and grocery stores, but does not include a cannabis retail store;
PART C: ZONING PROVISIONS
16
"senior citizen complex" means a multiple unit residential building designed primarily to provide
hospitality services and personal assistance to adults who require regular help with daily activities and
which may include common area(s) where residents can socially interact;
"service station" means a building or space where gasoline, oil, grease, anti-freeze, tires and
accessories for motor vehicles are stored or kept for sale and where minor repairs of motor vehicles are
performed;
"sign" means any display of advertisement, placard, boarding, bill board or other form or means or
device whatsoever of public notice or announcement, whether erected, pasted or painted, and any such
form or means or device intended, suitable or adaptable for such purpose whether or not it is at the time
used for such purpose;
"solar collector, attached" means any solar collector system that is mounted onto an existing building
or structure;
"solar collector, free-standing" means any solar collector system that is ground installed;
"solar collector system" means any solar energy system that is building mounted, or any ground
installed facilities for personnel use;
"special care home" means an owner-occupied single-detached dwelling used for the purpose of
providing special and individualized care to persons, who by reason of age, infirmity, mental or physical
disability are not fully able to care for themselves, provided the number within the intended user group
does not exceed five and the home complies with the applicable legislation;
"storey" means
(a)
that portion of a building between the surface of any floor and surface of the floor next above it
or, if there is no floor above it, then the space between such floor and the ceiling next above it,
or
(b)
a basement or cellar, if the average vertical distance from grade to the ceiling thereof is over 1.5
metres;
"street line" means the common line between a street and a lot;
"structure" means an erection other than a building or a power or telephone pole or lines;
"swimming pool" means any accessory structure, including an inflatable container, construction, basin
or tank above or below grade, which is designed to hold water and intended for swimming, wading,
diving, or soaking, and having the capacity to contain water to a depth of 60 cm or more at any point.
"swimming pool, above-ground" means any swimming pool whose framework is installed primarily
above ground elevation;
"swimming pool, in-ground" means any swimming pool that is constructed with its pool walls more
than 90% below ground level;
"turbine, small scale wind" means a wind turbine that is owned and operated for the owner's use and
having a capacity of less than 10 kW;
"turbine, wind" means a structure that produces power by capturing the kinetic energy in winds and
converting it into energy in the form of electricity and includes the wind turbine tower, rotor blades, and
nacelle;
PART C: ZONING PROVISIONS
17
"use" means the purpose for which land or a building or structure, or any combination thereof, is
designated, arranged, erected, intended, occupied, or maintained;
"use, accessory" means a use, other than human habitation, of land or a building or structure which is
naturally or customarily incidental and complementary to the main use of the land, building or structure,
which is located on the same lot as the main use and which is not a secondary use;
"use, secondary" means a use, other than a main use permitted in a dwelling;
"veterinary clinic" means an establishment used by veterinarians, or practitioners in related specialties,
for the purpose of practicing veterinary medicine and where animals are admitted for examination or
treatment, and less than twenty animals are lodged or kept overnight, and where limited laboratory and
other diagnostic services may be offered on an outpatient basis;
"warehouse" means a building used primarily for the storage or containment of manufactured goods and
materials and may include the wholesaling and distribution of such goods;
"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 street line, such parallel
line being drawn through the point at which the line of minimum set-back intersects a line from
the mid-point of and perpendicular to the line to which it is parallel;
"yard" means, in relation to any building, structure or use on a lot, that part of the lot between such
building, structure or use and a lot line;
"yard, front" means, in relation to a main building, structure or use on a lot, that part of the lot between
such building, structure or use and the street line at the front of the lot;
"yard, rear" means in relation to any building, structure or use on a lot, that part of the lot between such
building, structure or use and the rear lot line; and
"yard, side" means, in relation to any building, structure or use on a lot, that part of the lot between
such building, structure or use and a side lot line.
PART C: ZONING PROVISIONS
18
4.0 Purpose, Administration, Classification & Conformity
4.1
Purpose
(1)
The purpose of Part C:
(a)
to divide the village into zones;
(b)
to prescribe, subject to powers reserved to the Commission:
(i)
the purpose for which land, buildings and structures in any zone may be used; and
(ii)
standards to which land use and the placement, erection, alteration and use of
buildings and structures must conform; and
(c)
to prohibit:
(i)
land use; and
(ii)
use, placement, erection, or alteration of buildings or structures other than in
conformity with the purposes and standards mentioned in paragraph (b).
4.2
Powers of Council
(1)
No building may be erected in the Village in respect of which, in the opinion of Council, satisfactory
arrangements have not been made for the supply of electric power, water, sewage, streets or
other services or facilities.
(2)
Where in its opinion, 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; or
(b)
acquire the parcel of land on which such building or structure is located.
(3)
Notwithstanding any other provision of this by-law, the Council may allow a developer of a building
or structure to pay the Village the sum of $1000.00 per parking space in lieu of proving off street
parking required hereunder.
4.3
Powers of Commission
(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 Commission, the site is marshy, subject to flooding,
excessively steep, or otherwise unsuitable by virtue of its soil or topography.
(2)
The Commission may, subject to such terms and condition as it considers fit;
(a)
authorize, for a temporary period not exceeding a year, a development otherwise prohibited
by this By-law;
(b)
authorize, for an additional temporary period not exceeding one year, a development
otherwise prohibited by this By-law if:
(i)
the application holds an authorization under paragraph (a) that is to expire or has
expired; and
(ii)
an application with respect to the land has been made to amend this By-law, and the
Commission has received a resolution from the Village Council confirming the Council
will consider the application referred to in subparagraph (ii); and
PART C: ZONING PROVISIONS
19
(c)
require the termination or removal of a development authorized under paragraph (a) or (b)
at the end of the authorized period.
(3)
The Commission may:
(a)
delegate its authority under paragraph (2)(a) to the development officer; and
(b)
authorized a delegate under paragraph (a) to further delegate his or her authority under
paragraph (2)(a) to any person.
(4)
Subject to terms and conditions as may be imposed by the Commission in consultation with
Council, private and public utilities shall be permitted in all zones and are exempt from the zone
provisions of the lot upon which they are located including the use of land for the purposes of the
supply of:
(a)
electric power;
(b) natural gas;
(c)
water supply and storage;
(d)
sanitary sewage disposal and treatment of sewage ;
(e)
drainage, including storm sewers;
(f)
streets; or
(g)
all other public or private utilities.
including the location or erection of any structure or installation for the supply of any of the
above-mentioned services
4.4
Amendments
(1)
A person who seeks to have this By-law amended shall:
(a)
address a written and signed application to the Commission; and
(b)
shall pay a fee as prescribed in section 4.5.
(2)
On the advice of the Council, the Commission may return all or any part of the fee mentioned in
paragraph(1)(b).
(3)
An application under this section shall include such information as may be required by the Council
or Commission for the purpose of adequately assessing the desirability of the proposal.
(4)
Unless, upon the advice of the Commission, the Council is of the opinion that there is valid new
evidence or change in conditions, where an application under this section has been previously
refused by the Council, no further application may be considered by the Council for one year if
such application:
(a)
in the case of rezoning, is respect of the same area of land with which the original application
was concerned; or
(b)
not being in relation to rezoning is similar to the original application.
4.5
Fees for Planning Services
(1)
The following fees will be applied to the services noted:
(a)
zoning confirmation letter, $100;
(b)
zoning compliance letter, $200;
(c)
processing and considering all variances (temporary uses, dimensional, similar use), $250;
and
PART C: ZONING PROVISIONS
20
(d)
processing and considering requests for rezoning, $1500.
(2)
All fees are submitted and payable as follows:
(a)
at the time of application or request, the proponent shall pay the fee as prescribed in 4.5(1);
and
(b)
payments shall be made to the Regional Service Commission.
4.6
Classification
(1)
For the purposes of this By-law, the municipality is divided into zones delineated on the plan
attached as Schedule "A", entitled "Village of Norton Zoning Map".
(2)
The zones mentioned in subsection (1) are classified and referred to as follows:
(a)
Central Residential
CR Zone
(b)
Single- and Two-family and up to
Four-Family Residential
R-1 Zone
(c) Multiple-Family Residential
R-2 Zone
(d) Central Commercial
CC Zone
(e) Highway Commercial
HC Zone
(f) Institutional
INST Zone
(g) Park
P Zone
(h) Open Space
OS Zone
(i) Rural
RU Zone
(j) Rural Commercial
RC Zone
(k)
Aggregate Extraction
AE Zone
(3)
In any zone, all land shall be used, and all buildings or structures, or parts thereof, shall be
placed, erected, altered or used, only in conformity with the requirements of, except as otherwise
provided, the part of this By-law pertaining to such zone.
4.7
Boundaries of the Zones
(1)
Where the boundary of any zone is uncertain and
(a)
the boundary, as shown on the zoning map relating to this by-law substantially follows a
street, lane or watercourse, the center line of such feature is the boundary; or
(b)
the boundary, as shown on the zoning map relating to this by-law substantially follows
property lines, shown on the registered plan of subdivision or registered document, such
are the boundary lines; or
(c)
the boundary as shown on the zoning maps runs substantially parallel to a street line or
property line and the distance from the street line is not indicated, the boundary shall be
deemed to be parallel to such a street line and the distance from the street line shall be
determined according to the scale shown on the zoning maps.
4.8
Rural Plan Review
(1)
Council shall undertake a review of the Rural Plan in accordance with the Community Planning
Act no later than 10 years from its commencement or the last review.
PART C: ZONING PROVISIONS
21
5.0 General Provisions
5.1
Residential Development Near a Lagoon or Treatment Plant
(1)
No dwelling may be located within 150 metres (500 feet) of a sewage lagoon or treatment plant.
5.2
Dwellings per Lot
(1)
No more than one building containing one or more dwelling units shall be erected on any lot,
except:
(a)
a garden suite where permitted; and
(b)
a multi-unit dwelling in which the lots cannot be subdivided along a party wall.
5.3
Building and Structure Projections
(1)
The requirements of this By-law with respect to placing, erecting or altering a building or
structure in relation to a lot line or street line apply to all parts of the building or structure except
for projections which do not protrude into required yards in excess of,
(a)
15 centimetres (6 inches), for sills, leaders, belt courses or similar ornamental features;
(b)
45 centimetres (18 inches), for chimneys, smoke stacks or flues;
(c)
60 centimetres (24 inches), for cornices or eaves;
(d)
100 centimetres (40 inches), for window or door awnings, solar collectors, or open or
lattice-enclosed fire balconies or fire escapes; or
(e)
subject to subsection (2),
(i) 1.25 metres (4 feet), for steps or unenclosed porches, or
(ii)
1.8 metres (6 feet), for balconies of upper storeys of multiple dwellings which are not
enclosed above a normal height.
(2)
Projections mentioned in clause (e) of subsection (1) may not extend into a required side yard to
a greater extent than one-half the required width of the yard.
5.4
Off-Street Parking
(1)
Subject to this section, no building or structure may be placed, erected, altered or used unless
vehicular off-street parking spaces are provided in accordance with the requirements of this
section.
(2)
The number of spaces to be provided for off-street vehicular parking shall be in accordance with
Table 5.1 below:
Table 5.1: Parking Requirements
Use
Spaces Needed
For a dwelling
One (1) space for each dwelling unit.
Multiple unit dwelling / apartment building
One (1) space for every dwelling unit.
Seniors complex
One half (0.5) space per dwelling unit.
PART C: ZONING PROVISIONS
22
Business or professional office, medical or dental
clinic
One space (1) for every 36 square metres of floor area.
Retail store
One space (1) for every 18 square metres of retail sales
space.
Hotel, motels, bed and breakfast, boarding house,
rooming house
One space (1) per guest room.
Restaurant and taverns
One space (1) per 4 seats.
Places of assembly including recreational,
entertainment buildings, institutional buildings, or
any building containing a similar use
One space (1) for 10 seats, or not less than one space for
each 9 square metres.
Industrial buildings, warehouse, storage yards or
buildings, and service shop and repair establishment
One space (1) for every 36 square metres of floor area or
storage space;
School
One space (1) for every classroom and, where an
auditorium or place of assembly is included therein, and
additional space for every 9 square metres of auditorium or
assemble area.
Day care centre, special care home, day care home
One space (1) space for every 30 square feet of floor area.
Other uses
One space (1) space per 30 square metres of floor area
Disabled Parking
As per NB Regulation 2011-61
(3)
A parking space shall be
(a)
an area of not less than 6 metres (20 feet) in length and not less than 3 metres (10 feet) in
width;
(b)
readily accessible from the nearest street;
(c)
not more than 150 metres (500 feet) from the building which it serves;
(d)
be designed as such by a sign or other marking; and
(e)
in accordance with NB Regulation 2011-61.
(4)
Notwithstanding this section, the Council may, in its discretion, allow a developer of a building or
structure to pay to the municipality the sum of $1,000 per space in lieu of providing the off-street
parking required hereunder.
5.5
Vehicular Off-Street Loading and Unloading
(1)
Every building, structure or premises used in whole or in part for the use of vehicles for the
reception or distribution of materials or merchandise shall provide and maintain on lands off street
spaces for such vehicles to stand and for loading and unloading, in the following in the following
numbers:
Table 5.2: Vehicle Off-Street Loading and Unloading
Floor Area of Building
Loading Spaces Needed
Up to and including 455 m2
One (1)
Over 455 m2 up to and including 2,272 m2
Two (2)
Over 2,272 m2
One (1) space for each 2,272 m2, or fraction thereof in
excess of the first 2,272 m2
(2)
An off-street loading space referenced in subsection (1) shall:
PART C: ZONING PROVISIONS
23
(a)
be not less than 10 metres in length and not less than 4 metres in width, with a 5 metre
overhead clearance;
(b)
be so located that merchandise or materials are loaded or unloaded on the premises being
served;
(c)
be provided with adequate facilities for ingress and egress and unobstructed manoeuvering
aisles; and
(d)
be surfaced with a durable and dustproof material.
5.6
Home Occupations
(1)
Where permitted, a home occupation may be conducted in a residential dwelling or accessory
building subject to the following provisions:
(a)
the home occupation is clearly secondary to the main residential use;
(b)
that the home occupation shall not consist of a convenience store, eating establishment,
automotive sales or rental establishment, salvage yard, machine and weld shop, or any
industrial use;
(c)
unless the home-occupation is conducted completely within the residential dwelling, the lot
is to be not less than 0.4 hectares (1 acre) in size;
(d)
there shall be no change to the outside appearance of the dwelling or premises or any
visible evidence of conduct of a home-occupation, except a sign in accordance with
section 5.9.
(e)
with the exception of a day care home, the floor area used for all home occupations
conducted in the dwelling unit shall not in total exceed the greater of:
(i)
20% of the floor area of a dwelling unit; or
(ii)
28 square metres (300 square feet);
(f)
the floor area of the home occupation conducted on the lot in all accessory buildings or
structures does not exceed 80 square metres (860 square feet);
(g)
no goods or services other than those directly pertaining to the home occupation are
supplied or sold therein or therefrom;
(h)
no equipment or material used therein is stored other than in dwelling unit or accessory
building;
(i)
the use shall not generate significant additional vehicular traffic beyond that normal to the
neighbourhood in which it is located; and
(j)
sufficient off-street parking spaces shall be available for clients or customers visiting the
premises.
5.7
Home or Farm Industry
(1)
Where permitted, a Home or Farm Industry may be conducted subject to the following
provisions:
(a)
the minimum size of lot used for a home or farm industry shall be 1.2 hectares (3 acres);
(b)
the scale of the Home of Farm Industry shall not exceed the capabilities of the family
residing on the premises plus 5 people to operate it;
(c)
there shall be no external display of advertising other than a sign not more than 1 square
metre in area, notwithstanding the provisions of section 15.9;
(d)
the Home or Farm Industry shall be clearly accessory to the main use and not change the
residential or agricultural character of the premises;
(e)
no accessory building used for a home or farm industry shall be located in the front yard;
PART C: ZONING PROVISIONS
24
(f)
the minimum side and rear yards for any accessory building used for the home or farm
industry shall be 15 metres (50 feet);
(g)
no goods, wares or merchandise shall be offered or exposed to sale or rent on the
premises unless such goods, wares and merchandise are either,
(i)
incidental to the Home or Farm Industry,
(ii)
arts and crafts produced on the premises,
(iii) field crops, vegetable, fruits or horticultural crops produced on the lot, or
(iv) sample articles not for direct purchase, but this shall not be construed to mean a
model home or other building.
5.8
Stripping of Topsoil
(1)
Subject to this section, no person may strip, excavate or otherwise remove topsoil for sale or for
use from a lot or other parcel of land.
(2)
Where, in connection with the construction of a building or structure, there is an excess of topsoil
other than that required for grading and landscaping on the lot, such excess may be removed for
sale or for use.
(3)
Notwithstanding subsection (1), the farming of sod may be carried on where the owner of the land
has entered into an agreement with the Council making arrangements satisfactory to the Council
for the rehabilitation of the land.
5.9
Signs
(1)
Other than a traffic control device as defined by the Motor Vehicle Act, a legal notice or a store
window sign advertising goods for sale therein, the use of land or a building or structure for the
placing, erecting or displaying of a sign not expressly permitted by this section is permitted only
on compliance with such terms and conditions as may be imposed by the Commission.
(2)
Subject to subsection (3), in any zone, a non-illuminated sign may be placed, erected or
displayed on any land, building or structure if such sign
(a)
advertises the sale, rental or lease of such land, building or structure;
(b)
identifies by name the property or the residents thereof;
(c)
indicates a home occupation permitted hereunder; or
(d)
warns against trespass.
(3)
Unless otherwise provided by this section, a sign mentioned in subsection (2) shall not exceed
(a)
in number, one for each purpose mentioned therein; or
(b)
in size,
(i)
1.2 square metres (13 square feet), for a sign mentioned in clause (a) thereof, or
(ii)
0.37 square metres (4 square feet), for a sign mentioned in clause (b), (c) or (d)
thereof.
(4)
In a "CC" or "INST" zone, the following signs may be placed, erected or displayed:
(a)
a sign placed flat against the front of a building indicating the ownership or nature of the
operation carried on therein, provided the gross surface area of such sign does not
exceed
PART C: ZONING PROVISIONS
25
(i)
the product of the of the front lot line on which the building is located, multiplied by 0.25
metres (0'10"), in the case of a non-illuminated sign; or
(ii)
one-half the size permitted under subclause (i), in the case of an illuminated sign; or
(b)
a free-standing sign not exceeding 3 square metres (32 square feet) in gross surface area.
(5)
In the "HC", "RU", "AE", and "RC" zones the following signs may be placed, erected or displayed;
(a)
one sign not exceeding 3 square metres (32 square feet) in gross surface area indicating
the name of a farm or the business; and
(b)
one sign not exceeding 1.2 square metes (13 square feet) in gross surface area indicating
the sale or rental of the property on which it is placed.
(6)
No sign may
(a)
be an imitation of a traffic control device or contain the words "stop", "go", "go slow",
"caution", "danger", "warning", or similar words;
(b)
have a size, location, movement, content, colouring or manner of illumination which may
be confused with, construed as, or tend to hide from view any traffic control device; or
(c)
advertise an activity, business, product or service no longer conducted on the premises on
which the sign is located.
5.10
Lighting Facilities and Illuminating Devices
(1)
No lighting facilities or illuminating device for any purpose may be arranged in such manner as
to cause a nuisance.
5.11
Permits for New Pit and Quarry Operations
(1)
No person may establish a new pit or quarry operation unless an excavation development permit
has been issued by the Development Officer pursuant to this section.
(2)
A person seeking to obtain an excavation development permit under this section shall make
application in writing to the Development Officer in a form prescribed by that officer.
(3)
An application mentioned in subsection (2) shall
(a)
state the name and address of the applicant and the location of the proposed excavation;
(b)
be accompanied by a contoured plan drawn to a scale not less than 1 to 1000 indicating
the boundaries of the land involved in the proposal and the boundaries of that part
proposed to be excavated;
(c)
indicate the proposed base or lowest level of the proposed excavation;
(d)
set out the means to be employed by the person named in the proposed permit to
maintain accesses to the excavation, and public streets over which excavated sand or
gravel is transported, in a dust-free condition as by paving, sweeping, or watering;
(e)
include a proposal for rehabilitation of the site of the excavation.
(4)
Subject to subsections (7), where
(a)
an application under subsection (2) has been received;
(b)
the proposed excavation and the proposal for rehabilitation of the site meet the
requirements of subsection (3); and
(c)
the fee set out in subsection (5) has been paid;
PART C: ZONING PROVISIONS
26
the Development Officer shall issue the excavation development permit requested.
(5)
A onetime permit fee of $200.00.
(6)
An excavation permit shall;
(a)
be in a form prescribed by the Development Officer;
(b)
set out information pursuant to subsection (3) contained in the application therefore; and
(c)
be signed by the Development Officer.
(7)
No permit may be issued under this section if;
(a)
the land of the site is or would be subject to geological instability or flood hazard to the
extent that no reasonable amount of corrective, work could eliminate or sufficiently
reduce the instability or hazard.
(b)
the proposed work would be apt to
(i)
create a hazard to human life,
(ii)
cause injury to a person,
(iii)
damage adjoining property, or
(iv) adversely affect a public water main or sewer, or a water course or street;
5.12
Operating and Rehabilitation Standards for Pit and Quarry Operations
(1)
A pit operation shall be subject to:
(a)
No excavation shall take place below the level of the water table;
(b)
Have a minimum lot size of 5 acres;
(c)
Have gates at all entrances and exits to their operating sites and these shall be closed
and locked when the site(s) is not operating.
(d)
Accesses to the excavation and public streets over which excavated material is
transported are maintained by the owner of the property in a dust-free condition;
(e)
The excavation, and any work related thereto, will be carried on only between the hours
of 7:00 a.m. and 8:00 p.m. and only on days other than Sundays and holidays as defined
by the Interpretation Act;
(f)
No building or structure or storage will be within 15 metres (50 feet) of an abutting
property line;
(g)
A barricade such as a fence or berm shall be put in place around a pit perimeter that has:
(i)
a vertical face slope steeper than 60 degrees from horizontal and in excess of 3 m
in height; and
(ii)
more than 60 cm of standing water.
(h)
The final perimeter of all sites of an excavation use shall not be located within:
(i)
30 metres (100 feet) of a public road, street, highway, easement or right-of-way,
(ii)
150 metres (490 feet) of the foundation of any existing building,
(iii) 150 metres (490 feet) of an existing private water supply well,
(iv) 50 metres (165 feet) of an abutting property boundary.
(i)
All sites of an excavation use shall have adequate signage posted around the perimeter
and visible from any access, warning people of any dangerous situations with the
operation.
PART C: ZONING PROVISIONS
27
(j)
The site of an excavation use shall not serve as a storage place for a dump of toxic
materials, scrap iron, domestic wastes, construction residue of any other material likely to
be harmful to the environment.
(k)
The actively-worked area of the site, not including stockpiles of aggregate, stationary
equipment and processing equipment such as crushing equipment, at any one time to no
more than 3 hectares, while all other areas are maintained as either undisturbed or
rehabilitated.
(l)
An undisturbed buffer strip shall be maintained at least 15 metres wide between the final
perimeter of a pit and a public highway, or a non-residential property
(m)
An undisturbed buffer strip shall be maintained at least 50 metres wide between the final
perimeter of a pit and any residential boundary.
(2)
A quarry shall be subject to the following:
(a)
No excavation shall take place below the level of the water table.
(b)
Have gates at all entrances and exits to their operating sites and these shall be closed
and locked when the site(s) is not operating.
(c)
Accesses to the excavation and public streets over which excavated material is
transported are maintained by the owner of the property in a dust-free condition;
(d)
The excavation, and any work related thereto, will be carried on only between the hours
of 7:00 a.m. and 8:00 p.m. and only on days other than Sundays and holidays as
defined by the Interpretation Act;
(e)
No building or structure or storage will be within 15 metres (50 feet) of an abutting
property line;
(f)
Where an excavation site has a vertical face slope steeper than 60 degrees from
horizontal and in excess of 3 m in height a combination of boulders, cement barriers, or
chain link fence along with signage shall be spaced along the perimeter of the slope.
The boulders or cement barriers shall be no smaller than 1 metre in size and spaced at
maximum intervals of 2 metres. Signage warning of the danger shall be place at 15
meter intervals along the perimeter of the slope.
(g)
The final perimeter of all sites of an excavation use shall not be located within:
(i)
30 metres (100 feet) of a public road, street, highway, easement or right-of-way,
(ii)
150 metres (490 feet) of the foundation of any existing building,
(iii)
150 metres (490 feet) of an existing private water supply well,
(iv)
50 metres (165 feet) of an abutting property boundary.
(h)
The site of an excavation use shall not serve as a storage place for a dump of toxic
materials, scrap iron, domestic wastes, construction residue of any other material likely
to be harmful to the environment.
(i)
The actively-worked area of the site, not including stockpiles of aggregate, stationary
equipment and processing equipment such as crushing equipment, at any one time is to
be limited to no more than 3 hectares, while all other areas are maintained as either
undisturbed or rehabilitated.
(j)
An undisturbed buffer strip shall be maintained at least 15 metres wide between the final
perimeter of a quarry and a public highway, or a non-residential property
(k)
An undisturbed buffer strip shall be maintained at least 50 metres wide between the final
perimeter of a quarry and any residential boundary.
PART C: ZONING PROVISIONS
28
5.13
Accessory Apartments
(1)
Where permitted, accessory dwelling units shall:
(a)
not result in more than two dwelling units contained in any converted single detached
dwelling, subject to the lot area being not less than 545 square metres (5,866 square
feet);
(b)
be secondary to the main dwelling unit, and not exceed 60 square metres (645 square
feet) in size;
(c)
be completely self-contained and conform to the standards of the National Building Code;
and
(d)
require one (1) parking space, in addition to the normal requirement of the zone.
5.14
Access to a Public Street
(1)
No person shall erect or use a building or structure or use any lot of land regulated by this by-
law, unless the lot of land to be used or the lot of land upon which the building or structure is
situated or to be situated abuts or fronts on a public street or such other access as deemed to be
satisfactory by the Commission in consultation with Council.
5.15
Line of Vision at Intersection
(1)
Notwithstanding the provisions of this by-law, on a corner lot within the triangular space formed
by the street lot lines for a distance of 6 metres (20 feet) back from their point of intersection, no
building or structure shall be erected. Furthermore, no shrubs or foliage shall be planted or
maintained within the triangle so formed that would obstruct the view of a driver of a vehicle
approaching the intersection.
5.16
Height Exceptions
(1)
The height restrictions of this by-law shall not apply to church towers, chimneys, silos, water
storage tanks, or to structures housing mechanical equipment.
5.17
Enclosures for Swimming Pools
(1)
No land shall be used for the purpose of an in-ground swimming pool unless the pool is
enclosed by a fence or by a wall of a building or structure, or by a combination of walls or
fences, at least 1.52 metres in height and meeting the requirements of this section.
(2)
All enclosures shall not have rails, bracing or other attachments on the outside thereof that
would facilitate climbing. All enclosures shall be located at least 1.22 metres from the edge of
the swimming pool and 1.22 metres from any structure that would facilitate its being climbed
from the outside. All fences shall not be electrified and shall not incorporate barbed wire or other
dangerous material.
(3)
Where a portion of the wall of a building forms part of an in-ground swimming pool enclosure:
(a)
no main service entrance to the building shall be located therein; and
(b)
any door therein, other than a door to a dwelling or dwelling unit, shall be self-closing and
equipped with a self-latching device.
PART C: ZONING PROVISIONS
29
(4)
A fence under this section shall be made of chain link construction, wood, or of other materials in
the manner prescribed by section (5);
(5)
A fence under this section shall be designed and constructed:
(a)
in the case of a fence made of chain links, with
(i)
no greater than 4 centimetre diamond mesh and of minimum 12-gauge
thickness, and
(ii)
steel posts spaced not more than 3 metres apart, with a top horizontal rail of at
least 4 centimetres diameter steel or 38mm x 89mm lumber.
(b)
in the case of a fence made of wood, with
(i)
vertical boarding spaced not more than 4 centimetres apart; and,
(ii)
supporting posts spaced not more than 2.4 metres with a horizontal rail of
minimum 38mm x 89mm;
(c)
in the case of a fence constructed with materials and in a manner other than described
in this subsection, it must be designed in a manner that is not easily climbable and will
ensure rigidity equal to the design and construction prescribed by this subsection.
(6)
Gates forming part of an in-ground swimming pool enclosure shall:
(a)
be equivalent in height and manner of construction to the fence;
(b)
shall be supported on substantial hinges; and
(c)
shall be self-closing and equipped with a self-latching device at least 1.52 metres above
the bottom of the gate.
5.18
Development Adjacent to a Wetland or Watercourse
(1)
Notwithstanding compliance with provincial regulations and any provision of this by-law, no
person shall erect a building or structure within 30 metres (100 feet) of the high water mark of a
stream or watercourse or within 30 metres (100 feet) of a wetland.
5.19
Garden Suites
(1)
Where permitted, a garden suite shall
(a)
have a gross floor area less than 110 square metres (1184 square feet);
(b)
be accessory to the principle dwelling on the same lot;
(c)
be no closer to the street line than the principle dwelling if located in a CR or R-1 Zone;
(d)
comply with all setback and yard requirements of this Regulation;
(e)
have adequate and available water and sewer services in accordance with provincial
regulations;
(f)
be constructed, erected or placed in such a manner as to be easily removed from the
lot;
(g)
share a common access with the principle dwelling; and
(h)
be removed from the property or converted to a use permitted in the zone in which it is
located within six months of being vacated.
PART C: ZONING PROVISIONS
30
5.20
Agricultural Operations
(1)
In the "RU" zone, the keeping of livestock is subject to terms and conditions as may be imposed
by the Commission except where the operation is subject to the provisions of the Livestock
Operations Act, and has a license or is exempted under the Livestock Operations Act, or on
those lots where all three of the following requirements are met:
(a)
three (3) or less animal units are kept,
(b)
the property has an area of at least 20,000 square metres (5 acres),
(c)
any livestock facilities are setback 20 metres from any lot line and 30 metres from any
watercourse, and 75 metres from any well, or inhabited dwelling, other than those on the
subject property.
5.21
Existing Buildings upon an Undersized Lot
(1)
Where a building has been erected on or before the effective date of this Plan, on a lot having
less than the minimum frontage, area or depth, or having less than the minimum setback or side
yard or rear yard required by this Plan, the building may be enlarged, reconstructed, repaired or
renovated provided that:
(a)
the enlargement, reconstruction , repair or renovation does not further reduce the front
yard or side yard that does not conform to this Plan; and
(b)
all other applicable provisions of this Plan are satisfied.
5.22
Steep Slopes
(1)
Buildings are prohibited on slopes greater than 30%.
(2)
Buildings are prohibited on slopes greater than 20% and less than or equal to 30%, unless
demonstrated by a professional engineer or architect that the land can safely accommodate the
proposed buildings, and approval, if necessary, is obtained from the appropriate government
department for sewage disposal.
5.23
Infill Development
(1)
Notwithstanding the appropriate sections of this by-law, where a main building or structure is to
be erected in any zone as an infill development, such building or structure may be erected closer
to the street line than required by the applicable zone, provided that
(a)
the average setback does not exceed that of at least three existing buildings on any one
side of the lot to be infilled; and
(b)
the nearest side of each existing building or structure immediately adjacent thereto will be
within thirty metres of the nearest side of the building or structure to be placed, erected or
altered.
5.24
Solar Collector Development
(1)
Solar collector systems are permitted as an accessory use in all zones subject to the following:
(a)
be located on the same property as the main use;
(b)
not to exceed a total height of 1.5 metres from the highest peak of the structure upon
which it is located;
PART C: ZONING PROVISIONS
31
(c)
freestanding solar collectors are setback, at minimum, 1.5 times the total height of
the solar collectors from the rear, front, and side lot lines, dwellings, transmission
lines, and public right of ways;
(d)
freestanding solar collectors must be removed if the system does not produce
electricity for a period of greater than one year;
(e)
attached solar collectors must be removed if electricity is not generated for a period
of two years.
5.25
Wind Turbine Development
(1)
In a "RU" zone, a small scale turbine is permitted as accessory use subject to the following:
(a)
setback, at minimum, 1.5 times the total height of the wind turbine from the rear, front,
and side lot lines, dwellings, transmission lines, and public right-of-ways,
(b)
located on the same property as the main use; and
(c)
removed if electricity is not in use for period of two years.
5.26
Vehicular Bodies
(1)
No truck, bus, semi-trailer, freight container, other vehicle body, or a structure of any similar
nature, shall be used for human habitation in any zone.
(2)
No truck, bus, semi-trailer, freight container, other vehicle body, or a structure of any similar
nature shall be used as an accessory building or structure.
5.27
Size of Dwelling Units
(1)
No single family dwelling may be placed, erected or altered so that it has a ground floor area less
than
(a)
55 square metres in the case of a one (1) storey dwelling;
(b)
44 square metres in the case of a one-half (1.5) storey dwelling; or
(c)
44 square metres in the case of a two-storey (2) dwelling.
(2)
No terrace dwelling may be placed, erected or altered so that it contains a dwelling unit with a
floor area less than 65 square metres (700 square feet) and a width of less than 6 metres (20ft).
(3)
No multiple dwelling may be placed, erected or altered so that it contains a dwelling unit with a
floor area less than
(a)
32 square metres (344 square feet), in the case of a bachelor apartment containing a
combination living room and bedroom with no separate bedroom;
(b)
45 square metres (484 square feet), in the case of a one-bedroom dwelling unit;
(c)
55 square metres (592 square feet), in the case of a two-bedroom dwelling unit; or
(d)
64 square metres (689 square feet), in the case of a dwelling unit containing three or more
bedrooms.
(4)
For the purposes of this section, ground floor area or floor area does not include garages,
carports, balconies, porches, verandas, breezeways, approach halls or except, for those
completely contained within the dwelling unit, stairways.
PART C: ZONING PROVISIONS
32
5.28
Landscaping
(1)
Subject to this section, the owner of a lot developed for residential purposes shall landscape
(a)
the front yard of the main building; and
(b)
that part of the lot within 1.5 metres (5 feet) of any building thereon.
(2)
The content of landscaping required under subsection (1)
(a)
is a minimum of lawn; and
(b)
may include paths, patios, walkways and trees.
(3)
Notwithstanding subsection (1), the front yard mentioned therein may be used to a reasonable
degree for the purposes of walks and driveways for access to the main building or other use on
the lot.
5.29
Fences
(1)
Except for a security fence of chain link construction in a Commercial or Aggregate Extraction
zone, no fence in a front yard may exceed 0.8 m in height.
(2)
Subject to subsection (1), no fence may exceed a height of
(a)
1.9 metres in a residential zone; or
(b)
2.4 metres in any other zone.
(3)
No fence in a residential zone may incorporate barbed wire or other dangerous material in its
construction.
5.30
Recreational Vehicles
(1) A travel trailer or motorhome or other such recreational vehicle may be stored on a property,
subject to the following conditions:
(a)
a maximum number of one such travel trailer, motorhome or vehicle per property;
(b)
shall not be stored on a vacant property;
(c)
no travel trailer, motorhome or other such recreational vehicle shall be used as a dwelling
unit for more than 30 days;
(d)
no travel trailer, motorhome or other such recreational vehicle shall be leased or rented
out as a dwelling unit; and
(e)
any travel trailer, motorhome or other such recreational vehicle shall be stored at a
minimum setback of 1.5 metres from the property lines.
PART C: ZONING PROVISIONS
33
6.0 Zones
6.1
CENTRAL RESIDENTIAL - "CR" ZONE
(1)
In a CR zone, any land, building or structure may be used for the purposes of, and for no other
purpose than,
(a)
one of the following main uses:
(i)
a single-family dwelling;
(ii)
a two-family dwelling;
(iii) a multiple-family dwelling (up to 4 units) or terrace dwelling (up to six units);
(iv) a park;
(v)
a bakery, subject to subsections 6.1(2) and 6.1(3);
(vi) a personal service shop, subject to subsections 6.1(2) and 6.1(3); and
(b)
one of the following secondary uses;
(i)
an accessory apartment, subject to section 5.13;
(ii)
a home occupation, subject to section 5.6;
(iii) a garden suite, subject to section 5.19;
(iv) a bed and breakfast operation; and
(c)
any accessory building, structure or use incidental to the main use of the land, building or
structure if such main use is permitted by this subsection.
(2)
No building may be used for the purpose of a bakery or personal service shop unless
(a)
the floor area thereof devoted to such use is between 28 and 56 square metres (300 and
600 square feet); and
(b)
where a dwelling unit is also contained therein, the two uses are separate with separate
entrances.
(3)
Notwithstanding subsection (1), where the requirements of subsection (2) are satisfied, any land
or building may be used for the purposes of both a single-family dwelling and a bakery or
personal service shop.
(4)
No building or structure may be built, located or re-located, altered or replaced on a lot unless
the lot meets the requirements listed in the Table 6.1 below.
Table 6.1 - Lot Requirements
Services
Lot Component
Single-family
and Non-
residential
Two-family
dwelling
Thee-
family
dwelling
Four-family
dwelling
Municipal Water
And Sewage
Minimum Lot
Width
18 m
23 m
27 m
36 m
plus 1.5 m for each
additional dwelling
unit in excess of four
(4)
Minimum Lot
Depth
30 m
30 m
30 m
30 m
PART C: ZONING PROVISIONS
34
Minimum Lot Area
540 m2
818 m2
1090 m2
1272 m2
plus 68 m2 for each
additional dwelling
unit in excess of four
(4).
Municipal
Sewage Only
Minimum Lot
Width
23 m
27 m
32 m
36m
plus 1.5 m for each
dwelling unit in
excess of four (4)
Minimum Lot
Depth
30 m
30 m
30 m
30 m
Minimum Lot Area
690 m2
1072 m2
1363m2
1545 m2
plus 102 m2 for
each dwelling in
excess of four (4)
No Municipal
Sewage
Minimum Lot
Width
54 m
59 m
63 m
68 m
Minimum Lot
Depth
38 m
38 m
38 m
38 m
Minimum Lot Area
4000 m2
5350 m2
6700 m2
8050 m2
(a)
A lot containing a terrace dwelling shall not be sub-divided along a party wall unless the
newly created lots are serviced by a water system for public use.
(b)
A two-family or multiple dwelling shall not be placed, erected or altered, and no building or
structure may be altered to be a two-family or multiple dwelling, on a lot that is not
serviced by the municipal sewer system.
(5)
No main building or structure may be placed, erected or altered in a "CR" zone unless the
following provisions are met:
Table 6.2: Main Building Requirements
Lot Component
Main Building or Structure
Minimum front yard setback
7.5 m
Minimum side yard setback
3 m
Minimum rear yard setback
7.5 m
Maximum height
9 m
(15 m for the main portion of a church)
*for spires, belfries and other accessory features, a distance equal to
twice the height of the main portion
PART C: ZONING PROVISIONS
35
(6)
No accessory building or structure may be placed, erected or altered in a "CR" zone unless the
following provisions are met:
Table 6.3: Accessory Building Requirements
Lot Component
Accessory Building
Minimum front yard setback
Front yard of main building or structure
Minimum side yard setback
0.9 m
Minimum rear yard setback
0.9 m
Minimum setback from main building
or structure
2.4 m
Maximum height
7.5 m
Maximum area
84 square metres (904 square feet) in area or have a horizontal
dimension greater than 10 metres (33 feet).
(7)
Notwithstanding the provisions of section 6.1, the lands zoned In the CR-1 as shown on
Schedule "A" may also be used for a restaurant, subject to the following conditions:
(a)
that all other provisions of Section 6.1 that do not conflict this subsection shall apply.
PART C: ZONING PROVISIONS
36
6.2
SINGLE, TWO-FAMILY AND UP TO FOUR-FAMILY RESIDENTIAL - "R-1" ZONE
(1)
In a R-1 zone, any land, building or structure may be used for the purposes of, and for no other
purpose than,
(a)
one of the following main uses:
(i)
a single-family dwelling;
(ii)
a mini-home;
(iii) a two-family dwelling;
(iv) a multiple-family dwelling (up to 4 units) or terrace dwelling (up to six units);
(v)
a park;
(vi) a bakery, subject to subsections 6.2(2) and 6.2(3);
(vii) a personal service shop, subject to subsections 6.2(2) and 6.2(3); and
(b)
one of the following secondary uses;
(i)
an accessory apartment, subject to section 5.13;
(ii)
a home occupation, subject to section 5.6;
(iii) a garden suite, subject to section 5.19;
(iv) a bed and breakfast operation; and
(c)
any accessory building, structure or use incidental to the main use of the land, building or
structure if such main use is permitted by this subsection.
(2)
No building may be used for the purpose of a bakery or personal service shop unless
(a)
the floor area thereof devoted to such use is between 28 and 56 square metres (300 and
600 square feet); and
(b)
where a dwelling unit is also contained therein, the two uses are separate with separate
entrances.
(3)
Notwithstanding subsection (1), where the requirements of subsection (2) are satisfied, any land
or building may be used for the purposes of both a single-family dwelling and a bakery or
personal service shop.
(4)
No building or structure may be built, located or re-located, altered or replaced on a lot in the "R-
1" zone unless the requirements listed in Table 6.1 are met.
(5)
No main building or structure may be placed, erected or altered in a "R-1" zone unless the
requirements listed in Table 6.2 are met.
(6)
No accessory building or structure may be placed, erected or altered in a "R1" zone unless the
requirement listed in Table 6.3 are met.
(7)
Notwithstanding the provisions of section 6.2(1), the lands zoned In the R-1.1 as shown on
Schedule "A" may also be used for the keeping of horses subject to the following conditions,
(a)
that a maximum of three horses may be housed and kept in the accessory building,
that all manure be stored in a leak-proof building located at least 30 metres (100 feet)
from any watercourse and from wells and parallel to the back edge of the accessory
building;
(b)
that the manure storage facility be located away from water sources and natural drainage
ways and that any surface water be diverted way from the storage facility;
PART C: ZONING PROVISIONS
37
(c)
that the subject property or the perimeter of the field for the horses be fenced;
(d)
that the horses shall not have direct access to the Almshouse Brook;
(e)
that the owner of the property shall follow and meet all provincial government
requirements and provide a copy of said permits or approvals to the Council of the Village
of Norton;
(f)
that if the building or structure is developed or used contrary to the provisions above, that
Council may undertake a review of the Rural Plan in accordance with the Community
Planning Act and initiate the rezoning of the property to a R-1 zone; and
(g)
that all other provisions of Section 6.2 that do not conflict this subsection shall apply.
PART C: ZONING PROVISIONS
38
6.3
MULTIPLE-FAMILY RESIDENTIAL - "R-2" ZONE
(1)
In a R-2 zone, any land, building or structure may be used for the purpose of, and for no other
purpose than,
(a) the following main use:
(i)
a multiple-family dwelling; and
(b) any accessory building, structure or use incidental to the main use of the land, building or
structure if such main use is permitted by this subsection.
(2)
No building or structure may be built, located or re-located, altered or replaced on a lot unless
the lot meets the requirements list in Table 6.1.
(3)
A two-family or multiple dwelling shall not be placed, erected or altered, and no building or
structure may be altered to be a multiple dwelling, on a lot that is not serviced by the municipal
sewer system.
(4)
No building or structure may be placed, erected or altered in a "R-2" zone unless the following
provisions are met:
Table 6.4: Main Building Requirements
Lot Component
Main Building or Structure
Minimum front yard setback
11 metres (36 feet), in the case of an arterial or collector
street, or 7.5 metres (25 feet) in all other cases.
Minimum side yard setback
6 m
Minimum rear yard setback
9 m
Maximum height
11 m
(5)
No accessory building or structure may be placed, erected or altered in a "R-2" zone unless the
following provisions are met:
Table 6.5: Accessory Building Requirements
Lot Component
Accessory Building
Minimum front yard setback
Front yard of main building or structure
Minimum side yard setback
0.9 m
Minimum rear yard setback
0.9 m
Minimum from main building or
structure
2.4 m
Maximum height
7.5 m
Maximum area
84 square metres (904 square feet) in area or have a horizontal
dimension greater than 10 metres (33 feet).
PART C: ZONING PROVISIONS
39
6.4
CENTRAL COMMERCIAL - "CC" ZONE
(1)
In a CC zone, any land, building or structure may be used for the purposes of, and for no other
purpose than,
(a) one or more of the following main uses:
(i)
a single-family dwelling;
(ii)
a two-family dwelling;
(iii) an office;
(iv) a hotel or motel;
(v)
an institutional use;
(vi) a multiple-family dwelling;
(vii) a retail store;
(viii) a park;
(ix) a restaurant;
(x)
a general service, sales, and repair shop;
(xi) a personal service shop;
(xii) a community recreational facility;
(xiii) a special care home;
(xiv) a daycare home;
(xv) a daycare centre;
(xvi) a bed and breakfast operation;
(xvii) a senior citizen complex; and
(b) one or more of the following main or secondary use, subject to terms and conditions as may
be set by the Commission in consultation with Council:
(i)
a public transportation terminal;
(ii)
a laundromat;
(iii) a drive-thru restaurant;
(iv) an automobile sales or rental establishment; and
(c)
a secondary dwelling unit in a commercial building, subject to subsection 6.4(2); and
(d) any accessory building, structure or use incidental to the main or secondary use of the land,
building or structure if such main or secondary use is permitted by this subsection.
(2)
Secondary dwelling units are permitted provided:
(a)
they are contained either within the main building constituting the commercial use; and
(b)
they are located above, behind or below the permitted commercial use.
(3)
No building or structure may be built, located or re-located, altered or replaced on a lot unless the
lot meets the requirements list in Table 6.1.
PART C: ZONING PROVISIONS
40
(4)
No main building or structure may be placed, erected or altered in a "CC" zone unless the
following provisions are met:
Table 6.6: Main Building Requirements
Lot Component
Main Building or Structure
Minimum front yard setback
7.5 m
Minimum side yard setback
1.5 m
Minimum rear yard setback
3 m
Maximum height
10.5 m
(5)
No main commercial building or structure may be placed or erected unless the yard adjoining a
residential zone or use has a landscaped buffer area of trees, shrubs, hedges, or fence, or a
combination thereof.
(6)
No accessory building or structure may be placed, erected or altered in a "CC" zone unless the
following provisions are met:
Table 6.7: Accessory Building Requirements
Lot Component
Accessory Building
Minimum front yard setback
Front yard of main building or structure
Minimum side yard setback
1.5 m
Minimum rear yard setback
1.5 m
Minimum from main building or
structure
2.4 m
Maximum height
7.5 m
(7)
Notwithstanding the provisions of section 6.4, the lands zoned CC-1 as shown on "Schedule A"
may also be used for the operation of a dining room lounge subject to the following conditions:
(a)
that no adult entertainment will be permitted;
(b)
that the dining room lounge is permitted under requirements of the Liquor Control Act of
New Brunswick Chapter L-10 and other applicable acts and regulations;
(c)
that if the building or structure is developed or used contrary to the provisions above, that
Council may undertake a review of the Rural Plan in accordance with Community Planning
Act and initiate the rezoning of the property to a CC zone; and
(d)
that all other provisions of Section 6.4 that do not conflict this subsection shall apply.
PART C: ZONING PROVISIONS
41
6.5
HIGHWAY COMMERCIAL - "HC" ZONE
(1)
In a HC zone, any land, building or structure may be used for the purposes of, and for no other
purpose than,
(a) one or more of the following main uses:
(i)
an automobile sales or rental establishment;
(ii)
a heavy equipment, sales, or service operation;
(iii) a hotel or motel;
(iv) a drive-thru restaurant;
(v)
a general service, sales, and repair shop;
(vi) a service station or public garage;
(vii) a retail store;
(viii) a laundromat;
(ix) a warehouse; and
(b) the following secondary use:
(i)
a single-family dwelling; and
(c) any accessory building, structure or use incidental to the main use of the land, building or
structure if such main use is permitted by this subsection.
(2)
No building or structure may be built, located or re-located, altered or replaced on a lot unless the
lot meets the requirements list in Table 6.1.
(3)
No main building or structure may be placed, erected or altered in a "HC" zone unless the
following provisions are met:
Table 6.8: Main Building Requirements
Lot Component
Main Building or Structure
Minimum front yard setback
7.5 m
Minimum side yard setback
3 m
Minimum rear yard setback
3 m
Maximum height
10.5 m
(4)
No main commercial building or structure may be placed or erected unless the yard adjoining a
residential zone or use has a landscaped buffer area of trees, shrubs, hedges, or fence, or a
combination thereof.
PART C: ZONING PROVISIONS
42
(5)
Except for a gatekeeper-security office not exceeding 9 square metres (97 square feet) in size, no
accessory building or structure may be placed, erected or altered in a "HC" zone unless the following
provisions are met:
Table 6.9: Accessory Building Requirements
Lot Component
Accessory Building
Minimum front yard setback
Front yard of main building or structure
Minimum side yard setback
3 m
Minimum rear yard setback
3 m
Minimum from main building or
structure
2.4 m
PART C: ZONING PROVISIONS
43
6.6
INSTITUTIONAL - "INST" ZONE
(1)
In an INST zone, any land, building or structure may be used for the purposes of, and for no
other purpose than,
(a) one or more of the following main uses:
(i)
a funeral home;
(ii)
a day care centre;
(iii) a senior citizen complex;
(iv) a park;
(v)
a community recreational facility;
(vi) a passive recreation use;
(vii) an institutional use; and
(b) one or more of the following main uses, subject to terms and conditions as may be set by
the Commission in consultation with Council:
(i)
a sewage treatment facility;
(ii)
a personal service shop; and
(c) any accessory building, structure or use incidental to the main use of the land, building or
structure if such main use is permitted by this subsection.
(2)
No building or structure may be built, located or re-located, altered or replaced on a lot unless
the lot meets the requirements list in Table 6.1.
(3)
No building or structure may be placed, erected or altered in an "INST" zone unless the following
provisions are met:
Table 6.10: Main Building Requirements
Lot Component
Main Building or Structure
Minimum front, side, and rear yard
setback
7.5 m
Maximum height
10.5 m
(21 m for the main portion of a church)
*for spires, belfries and other accessory features, a distance equal to
twice the height of the main portion
(4)
No main building or structure may be placed or erected unless the yard adjoining a residential
zone or use has a landscaped buffer area of trees, shrubs, hedges, or fence, or a combination
thereof.
PART C: ZONING PROVISIONS
44
(5)
No accessory building or structure may be placed, erected or altered in an "INST" zone unless the
following provisions are met:
Table 6.11: Accessory Building Requirements
Lot Component
Accessory Building
Minimum front yard setback
Front yard of main building or structure
Minimum side and rear yard setback
7.5 m
Minimum from main building or
structure
2.4 m
Maximum height
The lesser of (i) two storeys or 9 metres (30 feet), or
(ii) the height of the main building or structure to which it is accessory.
(6)
In addition to the permitted uses listed in subsection 6.6(1)(a), the lands zoned INST-1 as shown
on "Schedule A" may also be used for a business complex, subject to the following conditions:
(a)
that all other provisions of Section 6.6 that do not conflict this subsection shall apply.
PART C: ZONING PROVISIONS
45
6.7
PARK - "P" ZONE
(1)
In a P zone, any land, building or structure may be used for the purposes of, and for no other
purpose than,
(a) one or more of the following main uses:
(i)
a community recreation facility;
(ii)
a park;
(iii) a passive recreational use; and
(b) any accessory building, structure or use incidental to the main use of the land, building or
structure if such main use is permitted by this subsection.
6.8
OPEN SPACE - "OS" ZONE
(1)
In an OS zone, subject to the provisions of section 5.18, any land, building or structure may be
used for the purpose of, and for no other purpose than,
(a) one or more of the following main uses:
(i)
a park;
(ii)
a passive recreational use;
(iii)
a cemetery; and
(b) any accessory buildings, structure or use incidental to the main use of the land, building or
structure if such use is permitted by this section and subject to such terms and conditions
as may be imposed by the Commission in consultation with Council.
PART C: ZONING PROVISIONS
46
6.9
RURAL - "RU" ZONE
(1)
In an RU zone, any land, building or structure may be used for the purpose of, and for no other
purpose than,
(a)
one or more of the following main uses:
(i)
a single-family dwelling;
(ii)
a mini-home;
(iii)
a park;
(iv)
an agricultural use, subject to section 15.20;
(v)
an institutional use;
(vi)
a retail store;
(vii)
a personal service shop;
(viii)
a pit, subject to Sections 5.11 and 5.12;
(ix)
a forestry use;
(x)
a general service, sales, and repair shop;
(xi)
a veterinary clinic;
(b) one or more of the following main uses, subject to terms and conditions as may be set by
the Commission in consultation with Council:
(i)
a commercial recreational facility;
(ii)
a public transportation terminal; and
(c)
one or more of the following secondary uses:
(i)
an accessory apartment subject to section 5.13;
(ii)
a home occupation, subject to section 5.6;
(iii)
a home or farm industry, subject to section 5.7;
(iv)
a bed and breakfast operation;
(v)
a day care home;
(vi)
a special care home;
(vii)
a garden suite, subject to section 5.19; and
(d)
any accessory building, structure or use incidental to the main or secondary use of the
land, building or structure if such main or secondary use is permitted by this subsection.
(2)
No building or structure may be built, located or re-located, altered or replaced on a lot unless
the lot meets the requirements listed in the Table 6.1.
(3)
No main building or structure may be placed, erected or altered in a "RU" zone unless the
following provisions are met:
Table 6.12: Main Building Requirements
Lot Component
Main Building or Structure
Minimum front yard setback from
Collector Road
15 m
Minimum front yard setback from
Local Road
7.5 m (15 m for an agriculture, forestry, pit)
Minimum rear yard setback
7.5 m (15 m for an agriculture, forestry, pit)
Minimum side yard setback
3 m (7.5 m for an agriculture, forestry, pit)
PART C: ZONING PROVISIONS
47
(4)
No accessory building or structure may be placed, erected or altered in a "RU" zone unless the
following provisions are met:
Table 6.13: Lot Requirements for Accessory Buildings and Structures
Lot Component
Single Family
Dwelling,
Individual Mini-
home site
Agriculture,
Forestry,
Pit
Institutional Use,
Park
Commercial Recreation,
Retail Use, General Service
& Sales Repair Shop,
Personal Service Shop, Vet
Clinic.
Minimum front
yard setback
from Collector
Road
Not permitted in
front yard of the
main building
15 metres
(50 feet)
Not permitted in
front yard of the
main building
Not permitted in front yard of
the main building
Minimum front
yard setback
from Local Road
Not permitted in
front yard of the
main building
7.5 metres
(25 feet)
Not permitted in
front yard of the
main building
Not permitted in front yard of
the main building
Minimum rear
yard setback
3 metres
(10 feet)
7.5 metres
(25 feet)
7.5 metres (25 feet)
or one half the
height of the
accessory building
or structure
7.5 metres
(25 feet)
Minimum side
yard setback
3 metres
(10 feet)
7.5 metres
(25 feet)
7.5 metres (25 feet)
or one half the
height of the
accessory building
or structure
7.5 metres
(25 feet)
(5)
Notwithstanding the provisions of the RU zone and section 6.9(1), the lands zoned RU-1 as
shown on Schedule "A" may also be used for the following secondary uses:
(a)
a petting zoo
(b)
the keeping of a maximum of three (3) animal units, subject to the following conditions:
(i)
the maximum size for a livestock facility is 27 m2 (290ft2); and
(ii)
in the spring of each year of operation, livestock manure is to be either spread
onto pasture or removed from the site.
(c)
a home and farm industry, subject to the following conditions:
(i)
the scale of the Home of Farm Industry shall not exceed the capabilities of the
family residing on the premises plus 5 people to operate it;
(ii)
there shall be no external display of advertising other than a sign not more than
1 square metre in area, notwithstanding the provisions of section 5.9
(iii)
the Home or Farm Industry shall be clearly accessory to the main use and not
change the residential or agricultural character of the premises;
(iv)
the minimum side and rear yards for any accessory building used for the home
or farm industry shall be 7.5 metres (25 feet);
(v)
no goods, wares or merchandise shall be offered or exposed to sale or rent on
the premises unless such goods, wares and merchandise are either,
(1)
incidental to the Home or Farm Industry,
(2)
arts and crafts produced on the premises,
(3)
field crops, vegetable, fruits or horticultural crops produced on the lot, or
(4)
sample articles not for direct purchase, but this shall not be construed to
mean a model home or other building.
PART C: ZONING PROVISIONS
48
6.10
RURAL COMMERCIAL - "RC" ZONE
(1)
In an RC zone, any land, building or structure may be used for the purposes of, and for no other purpose
than,
(a)
one of the following main uses:
(i)
a light manufacturing, sales, or service operation;
(ii)
a warehouse;
(iii)
a commercial recreation facility;
(iv)
a drive-thru restaurant; and
(b)
one of the following secondary uses:
(i)
a single-family dwelling; and
(c)
any accessory building, structure or use incidental to the main or secondary use of the land,
building or structure if such main or secondary use is permitted by this subsection.
(2)
No main or accessory building or structure may be placed, erected or altered in a "RC" zone unless the
following provisions are met:
Table 6.14: Building Requirements
Lot Component
Main/Accessory Building or Structure
Minimum front, side and rear yard
setback
7.5 m
Maximum height
9 m
(3)
No building or structure may be built, located or re-located, altered or replaced on a lot unless the lot
meets the requirements list in Table 6.1.
(4)
Notwithstanding the provisions of the RC zone, the lands zoned RC-1 as shown on Schedule "A" are
subject to those provisions indicated in the Agreement on Terms and Conditions for the D.B. Rezoning,
dated the 13th of June, 2007.
PART C: ZONING PROVISIONS
49
6.11
AGGREGRATE EXTRACTION - "AE" ZONE
(1)
In an AE zone, any land, building or structure may be used for the purpose of, and for no other purpose,
(a)
the following main uses:
(i)
a quarry, subject to subsection 5.11 and 5.12; and
(ii)
a pit, subject to subsection 5.11 and 5.12.
(b)
any accessory building, structure or use incidental to the main or secondary use of the land,
building or structure if such main or secondary use is permitted by this subsection.
(2)
No main or accessory building or structure may be placed, erected or altered in an "AE" zone unless the
following provisions are met:
Table 6.15: Building Requirements
Lot Component
Main Building or Structure
Minimum front yard from Collector or
Local Road
15 m
Minimum rear and side yard setback
15 m
(3)
Notwithstanding the provisions of the AE zone, the lands zoned AE-1 as shown on Schedule "A" may
also be used for the secondary use of a portable asphalt plant, subject to terms and conditions that may
be set out by the Commission in consultation with Council, and the following conditions:
(a)
that a portable asphalt plant shall not be located within:
(i)
30 metres (100 feet) of a public road, street, highway, easement or right-of-way,
(ii)
150 metres (490 feet) of the foundation of any building,
(iii)
150 metres (490 feet) of a private water supply well,
(iv)
50 metres (165 feet) of an abutting property boundary.
(b)
that all other provisions of Section 6.11 that do not conflict with Section 6.11(3) shall apply.