Zoning By-Law No. Z-501 (Consolidated to February 27, 2024)
Woodstock, New Brunswick
· adopted 2024-02-27
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ZONING BY-LAW NO Z-501
Consolidated Version with Amendments to February 27, 2024
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Table of Contents
1. TITLE AND SCOPE ..................................................................................................................... 9
1.1 ADMINISTRATION ................................................................................................................ 9
1.2 PURPOSE ............................................................................................................................ 9
1.3 SCOPE ................................................................................................................................ 9
1.4 SEVERABILITY ...................................................................................................................... 9
1.5 REPEAL ............................................................................................................................... 9
2. OPERATION, INTERPRETATION, AND ZONES ..............................................................................11
2.1 ADMINISTRATION ...............................................................................................................11
2.2 OTHER BY-LAWS, PERMITS AND LICENSES .............................................................................11
2.3 ZONING MAP .....................................................................................................................11
2.4 ZONES ...............................................................................................................................12
2.5 BOUNDARIES OF ZONES ......................................................................................................12
2.6 PROPERTIES AFFECTED BY MORE THAN ONE ZONE .................................................................13
2.7 BY-LAW APPLICABILITY AND ENFORCEMENT ..........................................................................13
2.8 USES .................................................................................................................................13
2.9 MEASUREMENTS AND CALCULATIONS ..................................................................................13
2.10 POWERS / ROLE OF COUNCIL .............................................................................................13
2.10.1 NON-CONFORMING USE..............................................................................................13
2.10.2 SATISFACTORY SERVICING ...........................................................................................14
2.11 POWERS / ROLE OF THE PLANNING ADVISORY COMMITTEE ..................................................14
2.11.1 CONDITIONAL USES ....................................................................................................14
2.11.2 SIMILAR OR COMPATIBLE USES ....................................................................................14
2.11.3 TEMPORARY APPROVALS .............................................................................................14
2.11.4 VARIANCES ................................................................................................................15
2.11.5 DELEGATED AUTHORITY ..............................................................................................15
2.12 POWERS OF THE DEVELOPMENT OFFICER ............................................................................15
2.12.1 ENCROACHMENT OCCURING IN GOOD FAITH ................................................................15
2.12.2 DEVELOPMENT OFFICER VARIANCES .............................................................................15
2.13 APPLICATIONS AND DEVELOPMENT PERMIT APPROVALS ......................................................16
2.13.1 COUNCIL, COMMITTEE, AND DEVELOPMENT OFFICER APPLICATIONS ..................................16
2.13.2 COUNCIL APPLICATIONS ..............................................................................................16
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2.13.3 PLANNING ADVISORY COMMITTEE APPLICATIONS..........................................................16
2.13.4 DEVELOPMENT OFFICER APPLICATIONS ...................................................................... 167
2.14 DEVELOPMENT PERMIT APPROVALS ...................................................................................17
2.14.1 DEVELOPMENT PERMIT REQUIRED ...............................................................................17
2.14.2 DEVELOPMENT PERMIT NOT REQUIRED ........................................................................17
2.15 BY-LAW AND SECTION 59 AMENDMENTS ............................................................................17
2.17 PROTECTION OF GROUND WATER CAPACITY .......................................................................18
3. DEFINITIONS ...........................................................................................................................19
4. GENERAL PROVISIONS .............................................................................................................39
4.1 USES PERMITTED IN ALL ZONES ............................................................................................39
4.2 USES PROHIBITED IN ALL ZONES ...........................................................................................39
4.3 CONVERTED DWELLINGS .....................................................................................................39
4.4 GASOLINE BARS, SERVICE STATIONS, AND COMMERCIAL GARAGES ..........................................40
4.4.1 PUMP ISLANDS .............................................................................................................40
4.14.2 LONG TERM PARKING .................................................................................................40
4.14.3 DISPENSING OF GASOLINE AND DIESEL FUEL .................................................................40
4.5 HEIGHT EXCEPTIONS ...........................................................................................................40
4.6 LIGHTING ...........................................................................................................................40
4.7 LINE OF VISION AT AN INTERSECTION ...................................................................................40
4.8 LOTS TO ABUT STREETS .......................................................................................................40
4.9 LOTS WITH 15% GRADE .......................................................................................................40
4.10 NUMBER OF MAIN BUILDINGS OR STRUCTURES ON A LOT ....................................................41
4.11 PERMITTED ENCROACHMENTS AND PROJECTIONS ...............................................................41
4.12 REDUCTION OF YARDS .......................................................................................................41
4.13 RESIDENTIAL DEVELOPMENT NEAR A LAGOON OR TREATMENT PLANT ...................................41
4.14 SETBACKS FROM WATERCOURSES ......................................................................................42
4.15 SETBACKS FROM RESIDENTIAL USES ....................................................................................42
4.16 STRIPPING OF TOPSOIL ......................................................................................................42
4.17 UNDERSIZED LOTS.............................................................................................................42
4.18 UTILITIES AND INFRASTRUCTURE ........................................................................................43
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4.19 VEHICLE BODIES................................................................................................................43
4.20 YARDS .............................................................................................................................43
5. USES PERMITTED IN MULTIPLE ZONES .......................................................................................45
5.1 ACCESSORY BUILDINGS AND STRUCTURES .............................................................................45
5.1.1 GENERAL PROVISIONS ...................................................................................................45
5.1.2 ACCESSORY BUILDINGS OR STRUCTURES ERECTED PRIOR TO MAIN BUILDING .....................46
5.1.3 SWIMMING POOLS .......................................................................................................46
5.1.4 SWIMMING POOL ENCLOSURES .....................................................................................47
5.1.5 SWIMMING POOL ACCESS .............................................................................................47
5.2 AGRICULTURAL USES ASSOCIATED WITH RESIDENTIAL USES ....................................................47
5.3 BED AND BREAKFASTS AND TOURIST HOMES, INCLUDING INNS ...............................................47
5.4 BOARDING AND ROOMING HOUSES .....................................................................................48
5.5 BUFFERING ........................................................................................................................48
5.6 DAY CARES .........................................................................................................................48
5.6.1 NEIGHBOURHOOD DAY CARES .......................................................................................48
5.6.2 DAY CARE CENTRE ........................................................................................................49
5.7 FENCES ..............................................................................................................................49
5.8 GARDEN SUITES ..................................................................................................................50
5.9 HOME OCCUPATIONS..........................................................................................................50
5.9.1 HOME OCCUPATION GENERAL REQUIREMENTS ...............................................................50
5.9.2 HOME OCCUPATIONS PERMITTED BY DEVELOPMENT PERMIT ...........................................51
5.9.3 HOME OCCUPATIONS PERMITTED BY COMMITTEE APPROVAL ..........................................51
5.9.4 ADDITIONAL REQUIREMENTS FOR PET GROOMING HOME OCCUPATIONS ..........................51
5.10 HOBBY FARMS ..................................................................................................................51
5.11 HOME INDUSTRY ..............................................................................................................52
5.12 KEEPING OF CHICKENS.......................................................................................................52
5.13 EXCAVATION ....................................................................................................................52
5.13.1 EXCAVATION PERMIT APPLICATION ..............................................................................52
5.13.2 EXCAVATION GENERAL PROVISIONS .............................................................................53
5.13.3 EXCAVATION SITE REHABILITATION ..............................................................................54
5.14 LANDSCAPING ..................................................................................................................54
5.15 LIVESTOCK FACILITIES ........................................................................................................55
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5.15.1 LIVESTOCK FACILITIES LOT SIZE AND SETBACK STANDARDS ..............................................55
5.15.2 LIVESTOCK FACILITY ANIMAL UNIT EXEMPTIONS .......................................................... 546
5.16 PORTABLE OR TEMPORARY GARAGES .................................................................................56
5.17 GARBAGE ENCLOSURES AND STORAGE ...............................................................................56
5.18 SECONDARY SUITES ...........................................................................................................56
5.19 SUPPORTIVE FACILITY ........................................................................................................56
5.20 WIND TURBINES ...............................................................................................................57
5.21 YARDS SALE ......................................................................................................................57
6. PARKING AND LOADING ..........................................................................................................58
6.1 PARKING STANDARDS .........................................................................................................58
6.2 PARKING SPACE REQUIREMENTS BY USE ............................................................................. 589
6.3 BARRIER FREE PARKING .......................................................................................................61
6.4 LOADING STANDARDS .........................................................................................................62
6.5 QUEUING SPACES ...............................................................................................................62
7. SIGNS .....................................................................................................................................64
7.1 GENERAL PROVISIONS .........................................................................................................64
7.2 SIGNS PERMITTED IN ALL ZONES ..........................................................................................64
7.3 SIGNS PROHIBITED IN ALL ZONES..........................................................................................65
7.4 BILLBOARD SIGNS ...............................................................................................................65
7.5 AWNING AND CANOPY SIGNS ..............................................................................................66
7.6 GROUND SIGNS ..................................................................................................................66
7.6.1 GENERAL PROVISIONS FOR GROUND SIGNS.....................................................................66
7.6.2 GROUND SIGNS IN RESIDENTIAL ZONES ..........................................................................66
7.6.3 GROUND SIGNS IN COMMERCIAL ZONES.........................................................................66
7.6.4 GROUND SIGNS IN OTHER ZONES ...................................................................................67
7.7 PROJECTING WALL SIGNS ....................................................................................................67
7.8 SANDWICH BOARD SIGNS ....................................................................................................67
7.9 WALL SIGNS .......................................................................................................................67
7.9.1 GENERAL PROVISIONS FOR WALL SIGNS ..........................................................................67
7.9.2 WALL SIGNS IN RESIDENTIAL ZONES ...............................................................................68
7.9.3 WALL SIGNS IN COMMERCIAL ZONES ..............................................................................68
7.9.4 WALL SIGNS IN OTHER ZONES ........................................................................................68
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7.10 CONSTRUCTION SIGNS ......................................................................................................69
7.11 ELECTRONIC SIGNS ............................................................................................................69
8. RESIDENTIAL ZONES ................................................................................................................70
8.1 ONE AND TWO-UNIT RESIDENTIAL (R1) ZONE ........................................................................70
8.1.1 PERMITTED USES ..........................................................................................................70
8.1.2 CONDITIONAL USES ......................................................................................................70
8.1.3 ZONE STANDARDS ........................................................................................................71
8.2 LOW RISE RESIDENTIAL (R2) ZONE ........................................................................................72
8.2.1 PERMITTED USES ..........................................................................................................72
8.2.2 CONDITIONAL USES ......................................................................................................72
8.2.3 ZONE STANDARDS ........................................................................................................73
8.2.4 STANDARDS FOR ROW AND TOWN HOUSES ....................................................................73
8.3 MEDIUM DENSITY RESIDENTIAL (R3) ZONE ............................................................................75
8.3.1 PERMITTED USES ..........................................................................................................75
8.3.2 CONDITIONAL USES ......................................................................................................75
8.3.3 ZONE STANDARDS ........................................................................................................75
8.3.4 SPECIAL PARKING CONSIDERATIONS IN THE R3 ZONE .......................................................76
8.4 RURAL RESIDENTIAL (RR) ZONE ............................................................................................77
8.4.1 PERMITTED USES ..........................................................................................................77
8.4.2 CONDITIONAL USES ......................................................................................................77
8.4.3 ZONE STANDARDS ........................................................................................................78
8.5 HIGH DENSITY RESIDENTIAL .................................................................................................79
8.5.1 SECONDARY USES .........................................................................................................79
8.5.2 CONDITIONAL USES ......................................................................................................79
8.5.3 CONDITIONS OF USE .....................................................................................................79
8.5.4 ZONE STANDARDS ........................................................................................................80
8.6 MOBILE HOME PARK (MPH) ZONE ........................................................................................81
8.6.1 PERMITTED USES ..........................................................................................................81
8.6.2 CONDITIONAL USES ......................................................................................................81
8.6.3 ZONE STANDARDS ........................................................................................................81
9. COMMERCIAL ZONES ...............................................................................................................82
9.1 DOWNTOWN COMMERCIAL CENTRE (DCC) ZONE ...................................................................82
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9.1.1 PERMITTED USES ........................................................................................................ 832
9.1.2 CONDITIONAL USES ......................................................................................................83
9.1.3 ZONE STANDARDS ........................................................................................................83
9.1.4 DWELLING UNITS IN THE DCC ZONE ................................................................................84
9.1.5 SPECIAL CONDITIONS FOR THE DCC ZONE .......................................................................84
9.2 GENERAL COMMERCIAL ZONE..............................................................................................85
9.2.1 PERMITTED USES ..........................................................................................................85
9.2.2 CONDITIONAL USES ......................................................................................................86
9.2.3 ZONE STANDARDS ........................................................................................................86
9.2.4 DWELLING UNITS IN THE GENERAL COMMERCIAL ZONE ...................................................87
9.3 CORRIDOR COMMERCIAL ....................................................................................................88
9.3.1 PERMITTED USES ..........................................................................................................88
9.3.2 CONDITIONAL USES ......................................................................................................89
9.3.3 ZONE STANDARDS ........................................................................................................89
9.3.4 SPECIAL CONDITIONS FOR THE CC ZONE .........................................................................90
10. INSTITUTIONAL ZONE.............................................................................................................91
10.1 PERMITTED USES ..............................................................................................................91
10.2 ZONE STANDARDS.............................................................................................................91
10.3 SPECIAL CONDITIONS FOR THE INSTITUTIONAL ZONE ...........................................................91
11. INDUSTRIAL ZONE .................................................................................................................93
11.1 PERMITTED USES ............................................................................................................ 943
11.2 ZONE STANDARDS.............................................................................................................94
11.3 SPECIAL CONDITIONS FOR THE INDUSTRIAL ZONE ................................................................94
12. OTHER ZONES .......................................................................................................................95
12.1 PARKS AND RECREATION (P) ZONE ......................................................................................95
12.1.1 PERMITTED USES ........................................................................................................95
12.1.2 CONDITIONAL USES ....................................................................................................95
12.1.3 ZONE STANDARDS ......................................................................................................95
12.2 ENVIRONMENTAL CONSERVATION (EC) ZONE ......................................................................96
12.2.1 PERMITTED USES ........................................................................................................96
12.2.2 SPECIAL CONSIDERATIONS IN THE EP ZONE ...................................................................96
12.3 RURAL (RU) ZONE .............................................................................................................97
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12.3.1 PERMITTED USES ........................................................................................................97
12.3.2 CONDITIONAL USES ....................................................................................................97
12.3.3 ZONE STANDARDS ......................................................................................................98
12.4 INTEGRATED DEVELOPMENT (ID) ZONE ...............................................................................99
12.4.1 PERMITTED USES ........................................................................................................99
SCHEDULE A: ZONING MAP ........................................................................................................................100
SCHEDULE B: DOWNTOWN GROUND FLOOR RESIDENTIAL LIMIT .............................................................101
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1. TITLE AND SCOPE
1.1 ADMINISTRATION
This By-law may be cited as "The Town of Woodstock Zoning By-law".
1.2 PURPOSE
(a)
divides the Town into zones;
(b)
prescribes, subject to powers vested in the Council, the Development Officer, and the
Planning Advisory Committee;
i) the purposes for which land, buildings and structures and any zone may be
used, and;
ii) standards to which land use, placement and use of buildings and structures
must conform, and
(c)
prohibits the use, placement, erection or alteration of land, buildings structures other
than in conformity with the purposes and standards mentioned in clause (b).
1.3 SCOPE
(d)
No building or structure shall be erected, altered, or demolished, nor the use of any
building, structure or lot be changed unless a Development/Building permit has been
issued and no Development/Building permit shall be issued unless all of the provisions
of this By-law are satisfied.
(e)
Nothing in this By-law shall exempt any person from complying with the requirements
of the Building By-law, Subdivision By-law, or any other By-law in force within the Town
of Woodstock or to obtain any license, permission, permit authority or approval
required by this or any other By-law of the Town, or other lawful authority.
(f)
Where the provisions of this By-law conflict with those of any other municipal,
provincial or federal regulations, by-laws or codes including regulations pertaining to on-
site sewage disposal systems, the higher or more stringent requirements shall prevail.
1.4 SEVERABILITY
If any provision of the By-law is declared by a court or tribunal of competent jurisdiction to be invalid,
that ruling shall not affect the validity of any other provision herein, nor of the By-law as a whole.
1.5 REPEAL
(a)
By-law Z-301, Town of Woodstock Zoning By-law and amendments thereto, is hereby
repealed.
(b)
Notwithstanding the repeal of the By-law detailed in paragraph (a):
i) Section 59 Conditions, pursuant to the Community Planning Act, which have
been registered prior to the coming into force of this By-law shall remain in
force;
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ii) Nothing in this By-law will prohibit a development for which a permit was
granted by the Development Officer prior to the coming into force of this By-
law, but any time limits established by such permit shall continue to operate.
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2. OPERATION, INTERPRETATION, AND ZONES
2.1 ADMINISTRATION
The Development Officer for the Town of Woodstock shall be charged with the general administration of
this By-law.
2.2 OTHER BY-LAWS, PERMITS AND LICENSES
a) Nothing in this By-law shall relieve any person from the obligation to comply with the
requirements of the Building By-law or any other By-law of the Town of Woodstock in force
from time to time, or the obligation to obtain any license, permit, authority or approval required
under any By-law of the Town of Woodstock. Where there is a conflict between the Woodstock
Municipal Plan By-law and this By-law, the Woodstock Municipal Plan By-law prevails.
b) Applicants applying for development and building permits are responsible to obtain all other
approvals and permit, required by applicable Provincial legislation.
2.3 ZONING MAP
The "Town of Woodstock Zoning Map" forms Schedule "A" of this By-law. The Zoning Map divides the
Town into zones, for which the regulatory provisions of this By-law apply.
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2.4 ZONES
One and Two-Unit Residential
R1
Low Rise Residential
R2
Medium Density Residential
R3
High Density Residential
R4
Rural Residential
RR
Mobile Home Park
MHP
Downtown Commercial Centre
DCC
General Commercial
GC
Corridor Commercial
CC
Industrial
I
Institutional
INST
Parks and Recreation
P
Rural Zone
RU
Environmental Conservation
EC
Integrated Development
ID
2.5 BOUNDARIES OF ZONES
Boundary lines relating to this By-law are shown on the Zoning Map, Schedule "A". In the case where
the zone:
a) substantially follows a street, lane, railway right-of-way or water course, the centre line of
such feature is the boundary;
b) substantially follows lot lines shown on the registered plan of subdivision, such lines are
the boundaries;
c) runs substantially parallel to a street line and the distance from the street line is not
indicated, the boundary shall be deemed to be parallel to such street line and the distance
from the street line shall be determined according to the scale shown on the zoning map;
d) follows the shore line of a river or water course, the mean high-water mark is the
boundary;
e) follows a street or lane and the street or lane is subsequently closed, the land in the closed
street or lane is included in the zone of the abutting land, and if such street or lane forms
the boundary between two or more different zones, the centre line of the closed street or
lane is the boundary.
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2.6 PROPERTIES AFFECTED BY MORE THAN ONE ZONE
Where a lot is situated within more than one zone, the provisions of each zone shall be applied to the
corresponding areas of the lot.
2.7 BY-LAW APPLICABILITY AND ENFORCEMENT
No person shall within any zone use any land or place, erect, alter, or use any building or structure
except in accordance with the provisions of this By-law.
2.8 USES
a)
If a use is not listed as a permitted or accessory use in a particular zone, it is hereby
deemed to be a prohibited use in that zone unless determined to be a similar use by the
Planning Advisory Committee in accordance with Section 2.11 of this By-law.
b)
Where this By-law provides that any land may be used, or that a building or structure may
be erected or used for a purpose, the purpose is deemed to include any use accessory or
ancillary thereto, subject to the requirements of that zone.
c)
When two or more permitted uses are located or are to be located in one building or on
one lot, and when the regulations applicable to these uses are different, and unless
otherwise specified, the most restrictive regulations shall be deemed to be in force for
that lot or building.
2.9 MEASUREMENTS AND CALCULATIONS
a)
Numerical requirements in this By-law are provided in metric units of measurement.
b)
A numerical requirement shall be determined by measuring the closest distance in a
straight line made along a horizontal plane and not by following the topography or slope
of the land except as otherwise provided by this By-law.
c)
Where the calculation of a numerical requirement results in a fraction:
i) A fraction of less than one-half shall not be taken into consideration; and
ii)
A fraction of one-half or more shall require rounding to the next higher full
number.
2.10 POWERS / ROLE OF COUNCIL
2.10.1 NON-CONFORMING USE
a)
Pursuant to subsection 61(1) of the Community Planning Act, Council may require that
any land, building or structure containing a non-conforming use shall be maintained and
kept in a condition appropriate to the area in which it is located, in accordance with the
standards prescribed by Council.
b)
Pursuant to subsection 61(3) of the Community Planning Act, if the standards prescribed
under paragraph (a) are not complied with, Council may perform, at the expense of the
owner or occupier, the work required to meet the standards, or require the termination
of the use.
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2.10.2 SATISFACTORY SERVICING
a)
No building may be erected within the Town if, in the opinion of Council, satisfactory
arrangements have not or cannot be made for the supply of electrical power, water,
sewerage, streets, and other services and utilities.
b)
New development must have frontage onto a street in keeping with the standards and
provisions of the Subdivision Bylaw.
2.11 POWERS / ROLE OF THE PLANNING ADVISORY COMMITTEE
The Planning Advisory Committee is an appointed body under sections 3 to 8 of the Community Planning
Act. The Planning Advisory Committee's role is to advise and make recommendations to Council on
matters relating to community planning, to give its views on any By-law proposed to be made under the
Community Planning Act, and to exercise the powers and perform the duties given to it by the
Community Planning Act or Council.
2.11.1 CONDITIONAL USES
a)
Conditional uses are approved subject to terms and conditions imposed by the Planning
Advisory Committee.
b)
Conditional uses may be prohibited by the Planning Advisory Committee where
compliance with terms and conditions imposed under clause (a) cannot be reasonably
expected.
c)
Conditional uses are listed under each zone as "Conditional Uses".
d)
Council may enter into an agreement to assure the performance of the terms and
conditions set out in subsection 2.11.1(a).
2.11.2 SIMILAR OR COMPATIBLE USES
Pursuant to Section 55(1) of the Community Planning Act, the Planning Advisory Committee may permit,
subject to the terms and conditions it considers fit, a proposed use of land or a building that is otherwise
not permitted under the zoning By-law, if in its opinion, the proposed use is similar to or compatible
with a use permitted in the By-law for the zone in which the land or building is situated.
2.11.3 TEMPORARY APPROVALS
Pursuant to Section 53(2)(i)(ii) of the Community Planning Act, the Planning Advisory Committee may,
subject to terms and conditions it considers fit:
a) Authorize for a temporary period not exceeding one 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:
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i. The applicant holds an authorization under section 2.11.3(a) that is to expire or
has expired;
ii. An application to amend this By-law including a rezoning application has been
made; and
iii. The Planning Advisory Committee has received a resolution from Council
confirming that Council will consider the application referred to in subsection
2.11.3(b)(ii).
c) Require the termination or removal of a development authorized under subsection
2.11.3(b)(i) or (ii) at the end of the authorized period.
2.11.4 VARIANCES
Pursuant to section 55(1)(b) of the Community Planning Act, the Planning Advisory Committee may
permit, subject to the terms and conditions it considers fit, a reasonable variance from the requirements
of this By-law if, in its opinion, it is desirable for the development of a parcel of land or a building or
structure and is in keeping with the general intent of this By-law and the Town's Municipal Plan.
2.11.5 DELEGATED AUTHORITY
Pursuant to section 53(2)(j) of the Community Planning Act, the Planning Advisory Committee
may delegate its authority to the Development Officer.
2.12 POWERS OF THE DEVELOPMENT OFFICER
2.12.1 ENCROACHMENT OCCURING IN GOOD FAITH
Pursuant to subsections 53(7) and 53(8) of the Community Planning Act, if the location of a building or
structure encroaches up to 60 cm on a setback requirement under subsection 53(2)(a)(v) of the
Community Planning Act, or encroaches up to 30 cm on a yard requirement under subsection
53(2)(a)(iv) of the Community Planning Act, the encroachment does not constitute a violation of the
requirements of this By-law if the Development Officer determines the encroachment to have occurred
in good faith.
2.12.2 DEVELOPMENT OFFICER VARIANCES
Pursuant to Section 55(2) of the Community Planning Act and subject to the terms and conditions they
consider fit, the Development Officer may permit a reasonable variance from the requirements referred
to in subsections 53(2)(a)(i), (iii), (iv), (v), (vii), (viii), (ix), and (xiii) of the Community Planning Act and
referenced in the list below, if the Development Officer is of the opinion that the variance is desirable
for the development of a parcel of land or a building or structure and is in keeping with the general
intent of this By-law and the Town's Municipal Plan.
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a) 53(2)(a)(i) the minimum size and dimensions of lots and other parcels into which land may
be subdivide, and the minimum and dimensions of land required for a particular class of use
or size of building or structure;
b) 53(2)(a)(iii) the height, number of storeys, ground area, floor area and bulk of buildings and
structures;
c) 53(2)(a)(iv) the percentage of land that may be built on, and the depth, size or area of yards,
courts, parking areas and open spaces;
d) 53(2)(a)(v) the placement, location and arrangement of buildings and structures, including
their setting back from the boundaries of streets and other public areas, and from rivers,
streams or other bodies of water;
e) 53(2)(a)(vii) the placement, height, and maintenance of fences, walls, hedges, shrubs, trees,
and other objects;
f) 53(2)(a)(ix) the facilities to be provided and maintained for off-street parking and loading of
vehicles;
g) 53(2)(a)(xiii) the location, dimensions, standards of construction and purposes of advertising
signs and billboards
2.13 APPLICATIONS AND DEVELOPMENT PERMIT APPROVALS
2.13.1 COUNCIL, COMMITTEE, AND DEVELOPMENT OFFICER APPLICATIONS
a) Applications submitted under this section shall be submitted in the form prescribed by the
Development Officer and accompanied by the appropriate fee. An application shall be signed by
the registered lot owner or an authorized agent thereof.
b) When an application has been received that seeks approval of a matter that has been denied
within the immediately preceding 12 months, it will not be reconsidered unless the Council, the
Committee, or the Development Officer, as the case may be, is of the opinion that it is
substantially different from the previous application.
2.13.2 COUNCIL APPLICATIONS
Council applications include:
a)
Amendment to the Town's Municipal Plan
b)
Amendment to this By-law
c)
A resolution pursuant to Section 59 of the Community Planning Act
2.13.3 PLANNING ADVISORY COMMITTEE APPLICATIONS
Planning Advisory Committee Applications include:
a)
Similar or Compatible Uses
b)
Temporary Approvals
c)
Non-Conforming Uses
d)
Variances
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2.13.4 DEVELOPMENT OFFICER APPLICATIONS
Development Officer Applications include:
a)
Variances, pursuant to subsection 2.12.2
b)
Development Permits
2.14 DEVELOPMENT PERMIT APPROVALS
2.14.1 DEVELOPMENT PERMIT REQUIRED
Pursuant to subsection 53(2)(b) of the Community Planning Act, a permit must be obtained
when:
a)
A change in the purpose for which land or a building or structure is used;
b)
The use of land, buildings and structures is for the purpose of displaying advertising signs or
billboards, or
c)
An excavation of sand, gravel, clay, shale, limestone, or other deposits for purposes of the sale
or other commercial use of the material excavated is proposed.
2.14.2 DEVELOPMENT PERMIT NOT REQUIRED
Notwithstanding subsection 2.14.1, the following developments do not require a development permit,
but may require a building permit under the Town's Building By-law:
a) Alterations to the interior of a building that do not change the use;
b) Alterations to the exterior of a building that does not increase the exterior dimensions or size;
and
c) Changes to the copy of a sign where the sign copy does not increase.
2.15 BY-LAW AND SECTION 59 AMENDMENTS
a)
A person who seeks to have this By-law amended shall address a written and signed
application to Council in a form satisfactory to Council along with the applicable fee of
$1,000, or as prescribed by Council.
b)
Council may, if it deems fit, return all or any part of the fee mentioned in subsection (a).
c)
An application under this section shall include such information as may be required by
Council for the purpose of adequately assessing the desirability of the proposal.
d)
Council may refuse to consider an application under this section if such applications:
(i)
Seeks to change an area of land from one type of zoning to another contrary to the
designation of the land in the Municipal Plan; or
(ii)
Has not been signed by all registered owners of each property proposed for
rezoning or an agent or agents for all of the owners.
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e)
Where a property abuts a line separating designations in the Municipal Plan, it may be
considered to be within either designation for the purposes of considering an amendment
to this By-law.
2.16 PROTECTION OF GROUND WATER CAPACITY
In setting out terms and conditions for any rezoning or Conditional Use that involves permanent or
temporary accommodation of large numbers of people (commercial/institutional or residential uses) or
a business/industry that uses a large quantity of water, the Planning Advisory Committee and/or Council
will require sufficient evidence (engineering report, hydrogeological study, etc.) to be reviewed by the
Town Engineers, to consider that there is adequate capacity not to adversely affect existing water
supply.
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3. DEFINITIONS
In this By-law:
"access" means an access, exit, or driveway from a street to a lot.
"accessory building" means a detached subordinate building 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 principal use of the land, building or structure.
"accessory structure" means a subordinate structure that is incidental and exclusively devoted to the
main use, building, or structure located on the same lot.
"accessory use" means a permitted use in a zone that is incidental to and exclusively devoted to a main
use of any land, building, or structure located on the same lot.
"accommodation" means an establishment that provides lodging for travelers, and includes but is not
limited to, a bed and breakfast, hotel, or motel but does not include a hostel or rooming house.
"active transportation" means modes of transportation that rely on human power including, but not
limited to, walking, jogging, cycling, in-line and roller skating, skateboarding, wheelchair use,
snowshoeing, and skiing.
"Advisory Committee" means the Planning Advisory Committee established by the Council;
"Adult Entertainment Facility" means an establishment where service or entertainment appealing to, or
designed to appeal to, an erotic or sexual appetite or inclination is provided.
"Act, the" refers to the Community Planning Act of New Brunswick;
"agricultural use" means an agricultural operation that is carried on for gain or reward, or in the hope or
expectation of gain or reward, and includes
a.
the clearing, draining, irrigating or cultivation of land,
b. the raising of livestock, including poultry,
c. the raising of fur-bearing animals,
d.
the raising of bees,
e.
the production of agricultural field crops,
f. the production of fruit and vegetables and other specialty horticultural crops, including flowers,
shrubs, and other ornamental plants,
g. the production of eggs and milk,
h.
the operation of agricultural machinery and equipment, including irrigation pumps,
i.
the preparation of a farm product distributed from the farm gate, including cleaning, grading, and
packaging,
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j.
the on-farm processing of farm products for the purpose of preparing farm products for wholesale
or retail consumption,
k. the storage, use or disposal of organic wastes for farm purposes,
l.
the operation of pick-your-own farms, roadside stands, farm produce stands and farm tourist
operations as part of a farm operation,
m. the application of fertilizers, conditioners, insecticides, pesticides, fungicides and herbicides,
including ground and aerial spraying, for agricultural purposes, or
n. greenhouse operations, or any other agricultural activity or process prescribed by regulation.
"alter" means to make any change, structural or otherwise, in a building or structure, which is not for
purposes of maintenance only;
"amenity space" means that part of a lot or building intended and capable of being used privately or
commonly for recreation or relaxation including, but not limited to, a balcony, courtyard, deck, garden,
gym or fitness room, movie room, play area, gazebo or pergola, landscaped area, or swimming pool, but
does not include a driveway or parking lot.
"amusement place" means an amusement park or an establishment, other than a private club or an
establishment authorized to serve beer or spirit, which for profit provides facilities for dancing, games,
the showing of motion pictures or any form of entertainment, amusement or recreation, whether or not
in conjunction with a restaurant or other commercial establishment;
"animal shelter" means an establishment that provides care and veterinary service to lost, abandoned,
or neglected animals.
"animal unit" means the number of livestock or poultry that produce one animal unit as follows:
a) one horse, cow, steer, bull, pig, mule, donkey, bison, buffalo, fox, or mink including offspring until
weaning,
b) three llamas, alpacas, or deer including offspring until weaning,
c) six sheep or goats including offspring until weaning,
d) ten ostriches, emus, or fur bearing animals excluding fox or mink,
e) twenty chickens, turkeys, ducks, geese, or
f) one hundred chicks
"artist or craftsperson studio" means an establishment used for creating, finishing, refinishing, or similar
production of custom or handmade goods and may include the display and sale of such goods.
"asphalt plant" means a use where the production of asphalt takes place and may include the stockpiling
and storage of bulk materials and storage and sale of finishing products manufactured on site.
"auction house" means an establishing that provides for the auctioning and related temporary storage of
goods except large equipment, livestock, or motor vehicles.
"auto service drive-thru" means a drive-thru facility designed for express servicing of vehicles and
includes, but is not limited to, a quick-lube or quick-oil change business.
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"bachelor or studio apartment/unit" means a dwelling unit consisting of not more than one habitable
room together with kitchen or kitchenette and sanitary facilities contained within that same apartment
or dwelling unit;
"balcony" means a horizontal platform attached to a building above the first storey floor level that is
intended for use as an outdoor amenity space.
"banquet hall" means a room or building used for hosting parties, banquets, events, functions, receptions,
or other social events and may include an area for food preparation and may be licensed under the Liquor
Control Act.
"bar, lounge, or nightclub bar" means an establishment licensed as a Lounge under the Liquor Control
Act where liquor is served to the public, which may include live entertainment as a secondary use.
"barrier free parking space" means a parking space designed for the exclusive use of a person with a
disability who displays on or in a vehicle a disabled persons identification plate, permit or placard issued
under the authority of the Motor Vehicle Act.
"basement" means that portion of a building between two floor levels which is partly below grade but
which has at least 50% of its clear height from finished floor to finished ceiling, above the average adjacent
finished grade level;
"bed and breakfast / tourist home" means a home occupation within a one family dwelling where not
more than three sleeping rooms are rented to the traveling and vacationing public, and where breakfast
is served only to those who rent the sleeping rooms;
"billboard sign" means a ground sign that displays third-party advertising.
"block face" means the main buildings within 60 metres of a lot on the same street.
"boarding house" means a dwelling in which lodging and meals are regularly provided for compensation
to three or more persons other than the owner or tenant thereof and members of his or her family but
does not include a bed and breakfast, tourist establishment, tourist home, hospital, home for the aged or
other establishment otherwise classified or defined in this by-law;
"building" means any roofed structure used or intended to be used as a shelter for the accommodation
of persons, animals, or chattels, but does not include a trailer or mobile home.
"building line" means any line defining the positions of a building or structure on a lot.
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"business office" means an establishment where one or more persons are employed in the conduct,
direction, or management of an agency, business, brokerage, labour, or fraternal organization, but does
not include such uses as an assembly or storage of goods, manufacture, a place of amusement or assembly
or retail sales.
"camping facility" means an area of land, managed as a unit, used or maintained for people to provide
their own sleeping facilities, such as, tents, tent trailers, travel trailers, recreational vehicles and campers
for a short-term stay;
"cannabis" means cannabis as defined by the Government of Canada, pursuant to the Federal Cannabis
Act, and the Provincial Cannabis Control Act.
"cannabis production facility" means a facility and premises authorized by a license issued pursuant to
the Federal Cannabis Act for growing, producing, testing, destroying, storing, or distribution of cannabis
but does not included the retail sales of cannabis or cannabis related products.
"cannabis retail sales" means the sale of cannabis or cannabis related products to the general public.
"car port" means a building or structure without walls on at least two sides used for the parking or storage
of a motor vehicle.
"car wash" means an establishment for the public where a vehicle is washed within a building or within a
permanent structure, but does not include a mobile car wash
"cellar" see basement;
"cemetery" means any land, building, or structure used for burying or interring the dead, and may include
associated building for grounds keeping, equipment storage, or administrative office space.
Main Building
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"Clean Water Act" means the Clean Water Act, SNB 1989, c C-61, of the Province of New Brunswick.
"clinic" means a building or structure, or part thereof, used exclusively by physicians, dentists or other
health professionals, and their staff or patients, for the purpose of consultation, diagnosis and office
treatment of humans and, without limiting the generality of the foregoing, may include administrative
offices, waiting rooms, treatment rooms, laboratories, pharmacies and dispensaries directly associated
with the clinic, but shall not include accommodation for in-patient care or operating rooms.
"clothes cleaning business" means a laundromat or dry-cleaning service establishment, or clothes drop
off and pick up service that is provided in conjunction with a laundromat or dry-cleaning establishment.
"commercial entertainment" means any use where amusement or entertainment is provided to the
public for a fee, such as, but not limited to, an arcade, auditorium for the performing arts, bingo hall,
bowling alley, cinema, theatre, or other such amusement place, but does not include an adult
entertainment use.
"commercial garage" means any building or enclosure in which motor vehicles are stored or repaired but
does not include body shops.
"commercial recreation" means an outdoor recreational use such as, but not limited to, boating, camp
site rental, recreational vehicle parking, tourist cabin rental, golfing, skiing, or swimming, but does not
include motor vehicle racing.
"commercial use" means any permitted use where the primary purpose is to sell, lease, or rent a product
or service directly to the public, including, but not limited to, retail sales, commercial entertainment, or
personal or professional services, but does not include any residential use.
"commercial vehicle" means any vehicle that is licensed as a commercial carrier as determined by the
Registrar of Motor Vehicles;
"community recreation facility" means a facility designed and equipped for the conduct of sports,
leisure time activities, and other customary and usual recreational activities.
"conditional use" means those uses of land, buildings and structures which may only be permitted
subject to Planning Advisory Committee approval, and such terms and conditions as determined by the
Committee.
"confined livestock area" means an outdoor non-grazing area where livestock are confined by fences or
other structures or topography, and includes a feedlot and an exercise yard.
"construction and demolition debris disposal site" means a facility regulated by the New Brunswick
Department of Environment & Local Government that is engaged in the ongoing disposal of inert debris
generated as a result of the construction, renovation or demolition of one or more buildings or structures.
"contractor's yard" means a yard of any general contractor or builder where equipment and materials
are stored or where a contractor performs shop or assembly work.
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"convenience store" means a retail store not exceeding 300 square metres in gross floor area, which
serves the daily or occasional needs of the residents of the immediate area with a variety of goods such
as groceries, meats, beverages, dairy products, patent medicines, sundries, tobacco, hardware,
magazines and newspapers.
"cul-de-sac" means a street designed for have one end permanently closed with the closed end
terminated by a vehicle turnaround or bulb, and which does not intersect with another street.
"day care centre" means an establishment that provides care and supervision for up to 60 children as
regulated by the Family Services Act or the Early Childhood Services Act.
"deck" means a horizontal accessory structure, erected above grade intended for use as an outdoor
amenity space, which may include a railing or privacy lattice along the sides.
"development" means:
a.
the erecting, placing, relocating, removing, demolishing, altering, repairing or replacing of a
building or structure other than utility poles and wires, traffic control devices and pipelines
defined in the Pipeline Act, 2005 except for buildings and structures remote from a pipeline used
for management and administration or housing or storing of moveable equipment or statutory
notices,
b. if the purpose for which land, buildings and structures are used is set out in a regional land use
plan, municipal plan, rural plan, development scheme, zoning by-law or regulation, a change in
the purpose for which the land, building or structure is used,
c. any excavation of sand, gravel, clay, shale, limestone or other deposits for a development
mentioned in paragraph (a) or for purposes of the sale or other commercial use of the material
excavated, or
d. the making of land by cutting or filling to a depth in excess of one metre, except in the case of
laying pipelines defined in the Pipeline Act, 2005.
"drive-thru business" means an establishment which is designed to provide, either wholly or in part,
service to customers while in their automobiles.
"dwelling" means a building or a portion thereof, used for residential occupancy, containing one or more
dwelling separate dwelling units, but does not include a hotel, motel, or hostel.;
"dwelling, converted" means a building which was originally constructed as a one-unit dwelling or two-
unit dwelling that has been lawfully converted into a two-unit dwelling or a multiple dwelling.
"dwelling, duplex" means a residential building divided horizontally into an upper and a lower separate
dwelling unit each of which has an independent entrance, either directly or through a common vestibule.
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"dwelling, mini-home" means a building unit that is designed to be used with or without a permanent
foundation as a dwelling, that has a width of less than six metres throughout its entire length exclusive of
steps or porches, that is not fitted with facilities for towing or to which towing apparatus can be attached,
and that is capable of being transported by means of a flat-bed float trailer from the site of its construction
without significant alteration.
"dwelling, mobile home" means a manufactured, movable or portable dwelling unit constructed to be
towed to its appropriate site on its own chassis, connected utilities and designed for year-round living. It
may consist of one or more parts that can be folded, collapsed or telescoped for towing to the appropriate
site and expanded later for additional cubic capacity to be jointed into one integral unit. The mobile home
must contain sleeping accommodation, a flush toilet, a tub or shower, bath and kitchen facilities with
plumbing and electrical connections provided for attachment to outside systems.
"dwelling, multiple" means a dwelling containing more than two dwelling units.
Duplex Dwelling
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"dwelling, One-unit" means a detached building having independent exterior walls, designed or used
exclusively for residential purposes and containing only one main or primarily dwelling unit.
"dwelling, row or townhouse" means housing consisting of a building containing a row of three or more
dwellings joined in whole or in part by vertical common walls. Each dwelling shall have separate and direct
access to grade.
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"dwelling, semi-detached" means a dwelling unit attached to one other dwelling unit by a common above
grade wall with each dwelling unit located on a separate lot;
"dwelling two-unit" means a duplex or semi-detached dwelling.
"dwelling unit" means a room or suite of two or more rooms designed or intended for use by a person or
persons in which culinary facilities, kitchen, and sanitary conveniences are provided for the exclusive use
of such person or persons;
"entertainment facility" means a business facility providing amusements and diversions such as movie
theatres and arcades.
"erect" means to construct, build, assemble or relocate a building or structure, and includes any physical
operations preparatory thereto;
"excavation of land" means any act, operation, or process by which earth, sand, gravel, stone, rock, clay,
or similar material Is cut into, dug, uncovered, removed, displaced, relocated, or bulldozed, including the
conditions resulting therefrom, provided the excavation extends to a depth of 1 metre below the
undisturbed surface which existed before the exaction began.
"farm gate sales" means the selling of produce from farmers directly to consumers, restaurants, or
caterers.
"farmers market" means an establishment where local farm products, which may also include other
foods, beverages, or arts and crafts, are sold to the public by a group of retailers from within a building or
outside of a building.
"financial service" means an establishment where money is deposited, retained, loaned, exchanged, or
managed, and includes, but not limited to, a bank, credit union, or trust company.
"floor area" means the aggregate of the horizontal areas of each floor in a building or structure measured
from the exterior of outside walls or outside finished partitions but excluding in the case of a dwelling,
any unfinished areas.
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"frontage" refers to lot frontage.
"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.
"garage, public" means a building used for making repairs to motor vehicles, whether for the public, for
business purposes, or for hire; and in which auto wrecking, and a used parts salvage operation are not
permitted except as an incidental part of such repairs;
"garage, portable or temporary" means a collapsible structure covered with plastic or fabric, used for the
purpose of temporarily storing vehicles and/or the covering of driveways;
"garden centre" means any use of land, building, or structure for the display and sale of plants, gardening,
or landscaping equipment or supplies.
"garden suite" means a detached secondary dwelling unit on the same lot as a main building and serviced
from the main building.
"gasoline bar" means an establishment where motor vehicle fuel and other liquids necessary for the
operation of a vehicle are sold to the general public, and may include the sale of convenience items.
"Service Station" is a separate use.
"grade" means the finished level of the ground at the exterior walls of a building or structure;
"gravel pit" means an open area of land where quarriable substances are excavated for sale or off tract
use without the use of explosives.
"greenhouse" means a building or structure used for the growing of flowers, fruits, vegetables, plants,
shrubs, trees or similar vegetation, with or without gardening tools and implements which are sold at
retail to the general public.
"ground floor area" means the floor area of the first storey of a building located at or above grade.
"group home" means a residence for the accommodation of five or more persons, exclusive of staff, living
under supervision in a single housekeeping unit and who, by reason of their emotional, mental, social or
physical condition or legal status, require a group living arrangement for their wellbeing. A Group Home
does not include a daycare facility, a halfway house or a facility for the temporary care of transient and
homeless persons or foster care.
"health, fitness, and wellness facility" means an establishment providing health, fitness, and recreational
activities, such as, but not limited to, boxing, dancing, gymnastics, martial arts, weightlifting, yoga, or
other forms of physical exercise. This use may also include the incidental sale of health and fitness
merchandise.
"heavy equipment manufacturing, sales, or service operation" means a building or part of a building or
structure in which heavy machinery is manufactured, maintained, repaired, or offered for sale, rent, or
lease.
29
"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 building" a home or building that has been designated by the Province of New Brunswick or the
Government of Canada as a property possessing cultural or historical significance;
"home occupation" means, subject to Section 5.7 of this By-law, an occupation or business which is
conducted in a portion of a dwelling unit or accessory building by a person who uses the dwelling unit and
subsequent lot as their primary place of residence and which is clearly secondary and incidental to the
residential use of the dwelling unit.
"hostel" means an establishment where temporary lodging is provided for individual travelers or
transients in a shared or dormitory style room, but does not include a hotel, motel, or rooming house.
"hotel or motel" means a building providing temporary accommodations for travelers or transients on a
year-round basis, and may have a public dining room and convention meeting room.
"household pet" means a domestic animal customarily kept within a dwelling or in an outside pen or
accessory building for the sole purpose of pleasure, rather than for utility, and includes not more than 3
dogs, 3 cats, 3 rabbits, or small birds or rodents in cages, but excludes cattle, sheep, horses, pigs, poultry,
bees and other animals kept as farm animals or livestock customarily found in an agricultural use.
"hunting or recreation camp" means accommodations for seasonal use for hunting, fishing,
snowmobiling, or similar recreational pursuits, and which is not used for gain or reward.
"inn" see bed and breakfast / tourist home.
"kennel" means building or structure used for the enclosure of animals kept for a commercial purpose,
and may include premises used for the breeding, raising, training, sheltering, or boarding, or the overnight
accommodation of dogs, cats, or other household pets, including a "doggie daycare" but shall not include
a veterinary clinic.
"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 involving stamping presses, furnaces or other machinery that emits
dirt, dust or noxious fumes into the air or that results in noise or vibration beyond the property.
"livestock" means alpacas, buffalo, cattle, deer, horses, llamas, mules, donkeys, pigs, sheep, goats,
ostriches, emu, foxes, mink 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.
"local highway" means a highway so classified under the Highway Act.
"lot" means a parcel of land or two or more adjoining parcels held by the same owner used or intended
to be used as the site for a building or an appurtenance thereto.
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"lot area" means the total area within the lot lines of a lot, excluding the horizontal area of such lot usually
covered by water or marsh, or beyond the rim of a river bank or watercourse, or between the top and toe
of cliffs or embankment having slope of thirty degrees or more from the horizontal;
"lot, corner" shall mean any lot situated at the intersection of, and abutting on, two or more streets;
"lot coverage" means that percentage of the lot area that is permitted to be covered by all buildings and
structures, other than swimming pools, and shall not include that portion of such lot area which is
occupied by a building or portion thereof which is completely below ground level, and for the purpose of
this definition the maximum lot coverage in each zone shall be deemed to apply only to that portion of
such lot which is located within said zone;
"lot, interior" means a lot other than a corner or through lot;
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"lot frontage" means the distance between side lot lines measured along a line perpendicular to the
established centerline at the required setback from the front lot line. In the case of a corner lot, the front
and flankage lot lines shall be deemed to extend to their hypothetical point of intersection for the purpose
of calculating the frontage. In the case of a curved corner or where side lot boundaries are not parallel,
lot frontage means the distance between the side boundaries of the lot at the minimum front yard setback
measured parallel to the street or at right angles to the tangent in a curved street;
"lot line" means the common line between a lot and an abutting lot, land, or street.
"lot line, flankage" means a side lot line, which abuts the street on a corner lot;
"lot line, front" means the line dividing the lot from the street or other means of access; and
a) in the case of a corner lot, the shorter boundary line abutting the street shall be deemed to be
the front lot line and the longer boundary line abutting the street shall be deemed to be the
flankage lot line; and where such lot lines are of equal length, the front lot line shall be the lot line
abutting the street upon which the building or structure erected or to be erected has its principal
entrance shall be deemed the front lot line;
b) in the case of a lot which has as one of its boundaries the shore line of a lake or the bank of a
river, the lot line facing the access road shall be deemed to be the front lot line;
"lot line, rear" means the lot line farthest from or opposite to the front lot line;
"lot line, side" means a lot line extending from the street line to the rear of the lot.
"lot, through" means a lot bounded on two opposite sides by streets or highways.
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"lot width" shall mean where the side lot lines are parallel, the distance measured at right angles from
such lot lines across each lot and where such lot lines are not parallel, the distance between them at the
required front yard depth;
"machine welding shop" means a building designed and equipped for carrying on the trades of welding,
metal working and machine work and includes contracting in these trades.
"main building" means a building in which is conducted the main or principal use of the lot on which the
building is located;
"medical clinic" means an establishment where human health services are provided through diagnostic,
therapeutic, preventative, or rehabilitative treatment, but does not include any overnight
accommodation of a patient. A medical clinic includes, but is not limited to, an acupuncturist, athletic
therapist, chiropodist or podiatrist, chiropractor, dental provider, massage therapist, naturopath,
osteopath, physician, physiotherapist, psychologist, social worker, speech therapist, or vision care
provider.
"microbrewery" means an establishment that manufactures beer, wine, or spirits, or a combination
thereof, in the following quantities per calendar year: (a) No more than 500,000 litres of beer; (b) No more
than 100,000 litres of wine; and (c) No more than 75,000 litres of spirits. This use may include incidental
retail sales include a licensed tasting room. This definition is also used for Distillery.
"mini-home park" means a parcel of land, not in a Provincial Park, intended as the location, for residential
purposes, of ten or more mobile homes or mini-homes, upon which at least two mobile homes or mini-
homes are located for residential purposes.
"mobile car wash" means an establishment or business that offers vehicle cleaning services that does not
involve a building or permanent structure.
"mobile vendor" means an establishment or business that offer goods and services in a mobile vehicle,
such as a trailer, van, or truck (e.g. food truck), and may include a farmers stand.
"neighbourhood day care" means an establishment for the provision of care and supervision of 6 to 15
children operating in a residential area in accordance with the Family Services Act or the Early Childhood
Services Act.
"non-conforming use" shall have the same meaning as contained in the Community Planning Act as may
be amended from time to time;
"outdoor recreation facility" means an area of land set aside for recreational purposes and may include,
but is not limited to: baseball fields; golf courses; tennis courts; soccer and other athletic fields; outdoor
rinks; outdoor swimming pools; areas designed for passive enjoyment and similar uses; and includes the
buildings and structures in connection therewith.
"outdoor storage" means the storage of merchandise, goods, inventory, materials or equipment or other
items other than in an outdoor display court, by locating them on a lot exterior to a building, and includes
material covered by canvas or other opaque or non-opaque material;
33
"passive recreation use" means a recreational activity that generally does not require a developed site
and may include, but is not limited to: playgrounds, playfields or similar uses; trails used for hiking,
snowmobiling or the use of all-terrain vehicles, cross-country skiing, bicycling, or horseback riding; nature
interpretation or observation activities; gardening; canoeing; and hunting and fishing, in accordance with
all applicable regulations.
"personal service shop" means a building or part of a building in which persons are employed in furnishing
direct services and otherwise directly administering to the individual and personal needs of persons, and
without limiting the generality of the foregoing, may include such establishments as barber shops, beauty
parlors, salons, cosmetic application, spas, laser hair removal, nail studios, tanning salons, hairdressing
shops, shoe repair and shoe shining, tailoring and many other services that relate to personal esthetics,
but excludes the manufacturing or fabrication of goods for retail or any form of distribution;
"permit, building" a permit that is issued in compliance with the Town's Building Bylaw, National Building
Code, and any other applicable Provincial or Federal regulation.
"permit, development" a permit issued by the Town in compliance with the Town's Zoning By-law.
"pet grooming" means an establishment where animals are groomed and washed, and may include the
ancillary sale of products related to this service, but does not include any associated outdoor kennel or
overnight accommodation.
"place of worship" means a building or structure used for public worship by any religious organization,
and may include a rectory or manse, church hall, auditorium, day nursery or religious school associated
with or accessory thereto.
"principal use" means the primary purpose for which a parcel, building or dwelling unit is used.
"public street" means a highway, road or street owned or maintained by the Town of Woodstock.
"quarry" means a place where consolidated rock has been or is being removed by means of an open
excavation in order to supply material for construction, industrial, and or manufacturing purpose and
includes an open pit mine.
"recreation establishment" means:
a)
premises where entertainment is offered for gain or profit such as a motion picture or
other theatre, public hall, billiard or pool rooms, an establishment offering three or
more electronic games for public use, bowling alley, ice or roller skating rink, miniature
golf and all other similar places or amusement excluding adult entertainment.
b)
A recreation facility operated as a business and open to the public for a fee.
c)
Establishments primarily engaged in the operation of sports, active amusement or
recreation services for use by the general public on a fee or non-fee basis
"recreational equipment" means a unit intended as a temporary accommodation for travel, recreational
or vacation use. Such units include one or more of a travel trailer, camper, motorized dwelling, a tent
34
trailer, slide-in campers, chassis mounted campers, a boat, a boat trailer, containers used for transporting
recreational equipment whether or not occupied by such equipment and any other non-commercial
trailer.
"recreation vehicle" means a portable vehicular unit designed for travel, camping or recreational use,
such as, a travel trailer, pick-up camper, motorized camper or tent trailer.
"required yard" means a yard with the minimum front yard depth, rear yard depth, or side yard width
required by the provisions of this By-law.
"restaurant" means a building or any portion thereof designed or used primarily for the serving of, and
consumption of food by customers within such building or portion thereof, and includes a cafeteria;
"restaurant, drive-in" or "restaurant, drive through" means any land or building or any portion thereof
i)
designed or used primarily for the service of food for consumption outside of the building or
portion thereof, in automobiles or off the premises, or;
ii) designed or used primarily for the service of food at a counter within the building or portion
thereof, the food being served in a manner which allows the consumption thereof either at a
table or counter on the premises, in automobiles, or off the premises;
"retail store" means an establishment for the retail sale or rental of goods, wares, merchandise,
substances, articles or things and may include supplementary postal services, film processing, repair of
articles sold or rented by the store and food consumption areas not exceeding 20% of the gross leasable
area.
"rooming house" means a dwelling or part thereof in which rooms are provided to lodgers for
compensation;
"salvage" means second-hand, used, discarded or surplus goods, unserviceable, discarded or junked
motor vehicles, bodies, engines or other component parts of a motor vehicle, but does not include bottles,
furniture or books.
"salvage yard" means a building, warehouse, yard or other premises in which salvage is stored or kept
pending resale or delivery to another person.
"sawmill" means a building or structure used to process wood from sawlogs to another use and may
include land used for open storage of raw or finished lumber or products but does not include a portable
milling machine used on a temporary basis.
"screening" means the use of landscaping, fences, or berms to visually and/or audibly separate areas of
uses.
"secondary suite" means a dwelling unit attached to or contained within a main building.
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"self-storage facility" means an establishment where goods or personal items are stored inside separate
compartments within a building each having separate exterior access or separate access through a
common hallway.
"service station" means a building or structure where gasoline, oil, grease, anti-freeze, tires, tubes, tire
accessories, light-bulbs, spark plugs, batteries or other accessories for motor vehicles are stored or kept
for sale or where vehicles may be oiled, greased, washed or have their ignition adjusted, tires inflated,
batteries charged, or where only minor or running repairs essential to the actual operation of motor
vehicles are executed or performed, and may include a car wash or mobile car wash.
"sign" means any structure, device, light, painting or other representation or natural object which is used
to identify, advertise, attract attention to any object, place, activity, person, institution, organization, firm,
group, commodity, profession, enterprise, industry or business or which displays or includes any letter,
work, model, banner, flag, pennant, insignia, device or representation used as an announcement,
direction or advertisement and which is intended to be seen from off the premises or from a parking lot
except any "sign" which is affixed to the inside of a window or glass door;
"sign, mobile" means a structure which is located on the ground but not permanently attached, which is
capable of being easily relocated which holds a sign, that may have more than one face and may include
copy that can be changed manually or electronically by means of adjustable characters, message panels
or by other means.
"shopping centre" means a commercial development of at least 5575 m2 of land, consisting of more than
one business establishment, which is designed, developed, operated or controlled by a single owner or
tenant, or a group of owners or tenants containing such retail stores, service shops and other
establishments as permitted by this By-Law, in a unitary type building or buildings at least 1486 m2 in size
and characterized by the sharing of common parking areas and driveways.
"similar or compatible use" means a use of land or building that is otherwise not permitted in a zone but
has been authorized by the Planning Advisory Committee, subject to any imposed term or condition, as
being sufficiently similar to or compatible with a permitted use in that zone.
"small engine service or repair shop" means a use conducted totally inside a building involving
maintenance and repair of low-power internal combustion or electric engines. Equipment repaired
included, but is not limited to, chain saws, string trimmers, leaf blowers, snow blowers, lawn mowers,
wood chippers, outboard motor, and snowmobiles.
"solar collector" means a device or collection of devices that collect and/or concentrates solar radiation
from the sun for the purpose of generating energy and may include but is not limited to evacuated tubes,
flat plate collectors, concentrating mirrors, and building-integrated photovoltaic materials. Solar
collectors do not include windows or greenhouses.
"special care home" means a dwelling used for the purposes of providing special and individualized care
to elderly persons, children or disabled persons, provided the number within the intended user group
does not exceed ten, and the facility complies with applicable legislation.
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"stable" means a building or enclosure within which animals other than household pets are kept for
utilitarian purposes.
"storey" means
iii) that portion of a building included between the surface of any floor and the 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
iv) a basement or cellar, if the average vertical distance from grade to the ceiling is over 1.5 m or
such basement or cellar is used for business purposes, or for dwelling purposes by other than
a janitor (whether including his family or not);
"street line" means the common line between a street and a lot;
"structure" means anything constructed or erected on or below the ground, or attached to something on
the ground, and includes all buildings.
"supportive facility" means:
(a) an establishment licensed or approved by a government agency that provides care and
or supervision to residents on a 24-hour basis by professional staff; or
(b) an establishment devoted to retired residents where common amenities and services,
including communal dining, are provided exclusively to such residents.
"swimming pool" means any structure intended for swimming, wading or recreational bathing that is
designed to contain a capacity of 0.6 m or greater of water in depth and/or is not required to be drained
(being serviced by a filtration/pump system) to address health and safety;
"topsoil" means topsoil as defined under the Topsoil Preservation Act.
"topsoil removal operation" means an operation involving the removal of topsoil for the purposes of the
sale or commercial use of the material excavated.
"tourism use" means the use of land, building or structures for the purposes of leisure, recreation, or
hospitality services for and accommodation of the travelling public and, without limiting the generality of
the forgoing may include an inn, bed and breakfast, camping facility, recreational vehicle park, mini-golf,
and artisan shops, but does not include a hotel or motel.
"Town Building Inspector" means the person appointed by Town Council as the Building Inspector for the
Town of Woodstock or any person designated by the Building Inspector to perform a duty on behalf of
the Building Inspector with respect to this By-law.
"use" means the purpose for which land or a building or structure or any combination thereof, is designed,
arranged, erected, intended, occupied or maintained.
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"use, accessory" means a use that is naturally and normally incidental and subordinate and exclusively
devoted to the main use, or to the main building or structure, and located on the same lot with such main
use or building or structure.
"use, secondary" means a use, other than the main use, permitted in a building or a structure.
'vehicle body and paint shop" means an establishment where motor vehicle bodies and frames are
repaired and/or painted.
"vehicle repair garage" means an establishment involved in the repair of automobiles, trucks ,
motorcycles, snowmobiles, or other vehicles, and may include the sale, installation, servicing, or
machining of automotive parts and accessories, or a drive thru vehicle inspection, repair, servicing, or
cleaning facility such as, but not limited to, automotive glass replacement, exterior vehicle cleaning,
muffler replacement, safety inspection, tire alignment, tire replacement, transmission repair, or vehicle
upholstery cleaning, but does not include a vehicle body and paint shop.
"veterinary clinic" means an establishment within a building where domestic animals or household pets
are treated by a licensed veterinarian, and includes temporary indoor accommodation related to such
treatment and/or recovery of animals after a surgical procedure, but does not include any outdoor
facilities such as a kennel, dog run, or other similar enclosure.
"warehouse facility" means an establishment other than a self-storage facility where goods are stored
and packaged inside a building, and may include administration, but does not include the manufacturing,
display, or sale of goods or a distribution facility.
"waste composting operation" means a composting operation for the treatment of organic wastes using
bacterial aerobic decomposition that are biologically decomposed under controlled conditions.
"wayside pit or quarry" means a temporary pit or quarry developed for use by the Department of
Transportation, directly or under contract, solely for the purpose of highway construction, not including
private roads, and is not located within a highway as defined within the Highway Act.
"wind turbine" means a structure specifically designed to convert the kinetic energy in winds into energy
in the form of electricity and includes the wind turbine tower, rotor blades, and nacelle; and may be
connected to an electrical utility grid.
"yard" means that part of a lot required to be unoccupied by buildings or structures.
"yard, flankage" means the side yard of a corner lot, which abuts a street.
"yard, front" means the yard extending across the full width of the lot between the street line and the
nearest wall of the main building on the lot.
"yard, rear" means the yard extending across the full width of the lot between the rear lot line and the
nearest wall of the main building on the lot.
"yard, side" means the yard extending from the front yard to the rear yard between the side lot line and
the nearest wall of the main building on the lot.
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4. GENERAL PROVISIONS
4.1 USES PERMITTED IN ALL ZONES
Nothing in this By-law shall prevent the use of any land for:
a) Community Garden;
b) Land for Public Purpose;
c) Lane, Street, or Highway;
d) Town Recreation Use;
e) Park or Playground;
f) Pipeline;
g) Public Display;
h) Stormwater Management Pond;
i)
Telecommunications Tower;
j)
Temporary Parking Lot to Facilitate Snow Clearing;
k) Utility Service Building or Structure; and
l)
Walking Trail
m) Wayside pit or quarry
4.2 USES PROHIBITED IN ALL ZONES
a) Notwithstanding any provision of this By-law, the use of a vehicle or recreational vehicle as a
place of residence shall not be permitted within any zone in the Town;
b) A semi-trailer or what was a semi-trailer or what is or was a vehicle within the meaning of the
Motor Vehicle Act, or a part thereof, shall not be used for storage in any zone. Such a semi-trailer
or part of a vehicle shall be deemed to be used for storage when it has not been used for hauling
goods to or off the premises at least once every 30 days.
4.3 CONVERTED DWELLINGS
Where permitted by this By-law, a one-unit or two-unit dwelling may be converted into a two-unit
dwelling or a multiple dwelling subject to the following requirements:
a) The building shall be service by municipal sanitary sewer and municipal water;
b) There shall be no changes to the exterior appearance of the building that would indicate the
building is a converted dwelling; and
c) In accordance with Section 6, there shall be one on-site parking space for each dwelling unit;
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4.4 GASOLINE BARS, SERVICE STATIONS, AND COMMERCIAL GARAGES
4.4.1. PUMP ISLANDS
a) All Pump Islands shall be located at least 9 metres from any boundary of the site, parking area on
the site, or laneways intended to control traffic circulation on the site.
b) A canopy over a pump island may extend to within 6 metres of the boundary of the site. The
canopy area shall not constitute part of the site coverage for the purpose of this Section.
4.4.2. LONG TERM PARKING
No part of a lot used for the purpose of a gasoline bar or automobile service station shall be used for
parking a vehicle for a period exceeding one week.
4.4.3. DISPENSING OF GASOLINE AND DIESEL FUEL
a) The use of land for the dispensing of gasoline or diesel fuel other than at a service station or public
garage is permitted only if approved by the Planning Advisory Committee and on compliance with
such terms and conditions as may be imposed by the Planning Advisory Committee.
b) Gasoline or diesel tanks and pumps intended for the private use of the occupant of the lot or
other person, as distinguished from sale to the general public, shall
i)
be placed in the rear of the lot; and
ii) wherever possible, not be visible from the public street.
4.5 HEIGHT EXCEPTIONS
The height restrictions of this By-law shall not apply to church towers, chimneys, water storage tanks,
telecommunication towers, or to structures housing mechanical equipment.
4.6 LIGHTING
Any outdoor lighting for any development shall be located and arranged so that no direct rays of light are
directed at any adjoining properties or passing vehicular traffic or interfere with the effectiveness of any
traffic control devices.
4.7 LINE OF VISION AT AN INTERSECTION
Notwithstanding the provisions of this By-law, no building or structure shall be erected on a corner lot
included within the triangular space measured a distance of 6 metres from the point of intersection of the
street/lot lines. Furthermore, hedges, shrubs or foliage shall not be planted or maintained within the
triangular space measured a distance of 6 metres from the point of intersection of the street/lot lines
between the length of one (1) and three (3) metres above the grade of the street which would obstruct
the view of a driver of a vehicle approaching the intersection.
4.8 LOTS TO ABUT STREETS
Every lot used for a purpose permitted by this By-Law shall abut a street unless other arrangements have
been made through approvals of Council and / or the Planning Advisory Committee.
4.9 LOTS WITH 15% GRADE
Any part of a lot that has a grade of 15% or greater may not be considered as part of the lot for purposes
of calculating minimum lot area required hereunder, subject to alleviation only by Variance granted by
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the Planning Advisory Committee and by such terms and conditions as determined by the Planning
Advisory Committee.
4.10 NUMBER OF MAIN BUILDINGS OR STRUCTURES ON A LOT
a) Except as otherwise provided in the By-law, no more than one main building or structure may be
placed or erected, and no building or structure may be altered to become a second main building
or structure, on a lot.
b) Not withstanding subsection (a), a second main building or structure shall be permitted on a lot
in the following zones:
i.
Rural Residential
ii.
Corridor Commercial
iii.
Institutional
iv.
Industrial
v.
Parks and Recreation
vi.
Rural
c) A second main building or structure proposed in a zone listed in (b) is required to meet all other
zone requirements.
4.11 PERMITTED ENCROACHMENTS AND PROJECTIONS
Nothing in this By-law shall prevent the following:
a) An air conditioning or heat pump unit, or solar collector in any required yard;
b) A balcony, deck, or veranda with a maximum projection of 2 metres into a required front, rear, or
flankage yard;
c) A canopy, chimney, cornice, eave, flue, gutter, pilaster, roof overhand, sill, smoke stack, or other
architectural feature with a maximum projection of 1 metre into any required yard;
d) A door or window awning with a maximum projection of 1.5 metres into any required yard;
e) the ordinary projection of skylights;
f) A cantilevered floor in a main building above the first floor, which projects not more than 2 m into
a required front, flankage, or rear yard or not more than 1.5 m into a required side yard.
g) A personal mobility lift or wheelchair ramps may be located in any required yard;
h) A fire escape or exterior staircase that projects into any required yard;
i)
steps providing access at the first storey level may be located in any required yard; and
j)
an ornamental planting, retaining wall, or other similar landscaping installation may be located in
any required yard.
4.12 REDUCTION OF YARDS
No part of landscaped open space required around any building or structure for the purpose of complying
with the provisions of this By-law shall be included as part of landscaped open space similarly required for
another building or structure.
4.13 RESIDENTIAL DEVELOPMENT NEAR A LAGOON OR TREATMENT PLANT
Notwithstanding any other provision of this By-Law, the minimum distance between a dwelling and a
sewage lagoon or treatment facility shall be in accordance with Provincial Guidelines and Regulations.
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4.14 SETBACKS FROM WATERCOURSES
Subject to the provisions of the relevant provincial regulations and, notwithstanding any provision of this
By-law, no person shall erect a building or structure within 30 metres of the high-water mark of a stream
or water course, as determined by the Development Officer, without approval from the Planning Advisory
Committee and such terms and conditions as may be imposed by the Committee and the provincial
Department of Environment.
4.15 SETBACKS FROM RESIDENTIAL USES
Unless such uses are permitted on the same lot, any of the following operations shall be setback from any
existing residential, recreational, and institutional uses specified by the separation distances listed below:
a) livestock operation - in accordance with the Livestock Operations Act;
b) asphalt plant - 750 metres;
c) gravel pit - 200 metres;
d) quarry - 600 metres
e) salvage yard - 200 metres
f) sawmill - 200 metres
g) wind turbine - 250% of the total turbine height;
h) waste composting operation - 500 metres;
abandoned landfill site - 200 metres
4.16 STRIPPING OF TOPSOIL
a) Subject to subsection (b), no person may strip, excavate or otherwise remove topsoil for sale or
for use from a lot or other parcel of land.
b) 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.
c) Notwithstanding subsection (a), the farming of sod may be carried out where the owner of the
land has entered into an agreement with Council making arrangements satisfactory to the Council
for rehabilitation of the land.
4.17 UNDERSIZED LOTS
This By-law does not prevent the use of an existing lot that does not conform to minimum size
requirements provided:
a) that the use of such lot is permitted in the zone in which said lot is located; and
b) that the setbacks, height, coverage and all other relevant requirements of the zone are
maintained.
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4.18 UTILITIES AND INFRASTRUCTURE
a) This By-law prohibits the erection of any building in respect of which, in the opinion of Council,
satisfactory arrangements have not been made for the supply of electric power, water, sewerage,
street or other services or facilities.
b) Where municipal water and sewer facilities exist or can be reasonably accessed, no lot may be
developed for residential purposes unless such lot is serviced by municipal water and sewer
facilities.
4.19 VEHICLE BODIES
a) A motor vehicle, tractor trailer, tractor engine, container designed for commercial transport, farm
tractor, road building machine and any vehicle drawn, propelled or driven by any kind of power,
notwithstanding its wheels have been removed, shall not be used, in any zone, as a dwelling unit
or commercial main building nor be used as an accessory building or structure in any zone.
b) Notwithstanding section (a), a shipping container may be used as an accessory building or
structure in the General Commercial or Corridor Commercial Zones subject to the following:
(i) the shipping container shall be in the rear yard; and
(ii) the shipping container shall be set back from the side and rear lot line by a
minimum of 3 metres.
c) Subject to subsection (d) below, any recreational equipment or unoccupied non-commercial
trailer must be stored in the rear yard of a main building or an accessory building.
d) Where an unoccupied trailer is stored in a rear yard, it shall be at least
(i) 1.5 metres from a side or rear lot line; and
(ii) 3 metres from any building or structure.
e) Shipping containers proposed for seasonal, temporary use will be considered through Temporary
Use Applications as described in section 2.11.3.
4.20 YARDS
Notwithstanding any other provision of this By-Law,
a) with respect to a corner or through lot, no building or structure may be placed, erected or altered
thereon so that it is closer to a side or rear lot line which is also a street line than the minimum
front yard depth for the lot to the rear of the corner lot, or the lot abutting the rear portion of the
through lot;
b) with respect to a corner or through lot in a Commercial or Industrial zone abutting a Residential
zone, no building or structure may be placed, erected or altered thereon so that it has a front yard
on the street along which the Residential zone is located;
c) the use of a side or rear yard of a lot mentioned in clause (b) which forms part of a frontage, the
balance of which is in a Residential zone for the purposes of an access from the street, is permitted
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only if approved by the Advisory Committee and only on compliance with such terms and
conditions as may be imposed by the Advisory Committee;
d) where a side yard of a lot in a Commercial or Industrial zone abuts a Residential zone
i)
no building or structure may be placed, erected or altered on such lot so that it is
closer to the Residential zone than a distance equal to the greater of
(A)
one-half structure or the height of the building or
(B)
3 m, and
ii) such yard shall
(A)
be landscaped with, ornamental shrubs, and at least, lawn and
(B)
not be used as a driveway or for purposes of storage; and
e) no yard is required along a railway right-of-way in an Industrial zone
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5. USES PERMITTED IN MULTIPLE ZONES
5.1 ACCESSORY BUILDINGS AND STRUCTURES
5.1.1 GENERAL PROVISIONS
a) Except as otherwise provided by this By-law, any lot containing a main building or use may also
contain one or more accessory buildings, structures, or storage tanks subject to the requirements
of this section.
b) Except as otherwise provided by this By-law, an accessory building or structure shall not be
erected, placed, or altered so as to be in the required front or flankage yard of a main building or
structure.
c) Except as otherwise provided by this By-law, an accessory building or structure shall be erected,
placed, or altered in accordance with the following:
i)
Minimum Cumulative Ground Floor Area
The total lot coverage of all accessory structures, including a detached private garage,
shall not exceed:
a. Within a Residential Zone: 75m or 5% of the lot area up to a maximum of 150m2,
not exceeding the lot occupancy requirements;
b. All other zones: 75m2 or 5% of the lot area up to a maximum of 250m2, not
exceeding the lot occupancy requirements.
ii) Side and Rear Yard Setback Requirements:
a. Residential
In residential zones any accessory structure, heat pump or storage tank may be
built or located in a side yard or rear yard provided that any structure so erected
shall be a distance of at least 1.5 metres from the side lot line or rear lot line.
b. All other zones
In all other zones, any accessory structure or storage tank shall be at least 3
metres from the side lot line or rear lot line.
iii) Front Yard Setback Requirements:
No accessory building or structure may be placed within the required front yard setback
area of the zone.
iv) Height
a. Residential
No accessory structure, excluding a satellite dish and communication tower, shall
exceed the height of the main building on a lot in a residential zone and in no case
shall it exceed 9 metres in height measured from average grade to the highest
point of any portion of the roof.
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b. All other zones
No accessory structure, excluding a satellite dish and communication tower,
shall exceed a maximum height of 11 metres. Where abutting a residential zone;
accessory buildings over 9 metres will require an additional 1metre side and
year yard setback for each additional metre in height to a maximum of 5 metres.
v)
Corner Lots
In zones which permit accessory structures, no accessory structure, including
storage tanks, satellite dishes and communication towers, shall be erected on a
corner lot at a distance from the street line less than the front yard and corner lot
side requirements for the main building.
vi) Garages for Semi-Detached Dwellings
Garages for semi-detached dwellings may be centered on the mutual lot line if
erected simultaneously on both lots as one structure.
vii) Separation of Structures
No part of an accessory building or structure should be located within 1.5 metres of
the main building on the lot.
viii) Permitted Uses
No accessory building shall be used for agricultural purpose or keeping of animals
other than household pets, unless in the Rural and Agricultural (RU) Zone
ix) Multiple Accessory Buildings Per Lot
The maximum number of accessory buildings on any lot is three, not exceeding total
lot occupancy requirements.
5.1.2 ACCESSORY BUILDINGS OR STRUCTURES ERECTED PRIOR TO MAIN BUILDING
An accessory building or structure may be placed or erected on a lot prior to the placement or erection of
the main building or structure if:
a)
a building permit for the main building or structure is obtained first;
b)
the main building or structure will be completed within one year from the date of the issuing of
the permit therefore; and
c)
the accessory building or structure is located
i)
as indicated on the plot plan
ii)
on the rear half of the lot, and
iii) so as to not interfere with the practical usefulness of the main building or structure.
5.1.3 SWIMMING POOLS
Notwithstanding other provisions presented in this By-law, an outdoor swimming pool is permitted in any
zone subject to the following requirements:
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a)
The swimming pool use must be accessory to the main use of the lot;
b)
The swimming pool shall not be located in the front, side, or flankage yard in any zone;
c)
The swimming pool shall not be closer than two metres from any lot line;
d)
No overhead electrical power line shall be placed over that area of a swimming pool
enclosed by a fence or structure as provided in section 5.5. Similarly, no swimming pool
shall be placed or erected underneath an existing overhead electrical power line.
5.1.4 SWIMMING POOL ENCLOSURES
Notwithstanding other provisions presented in this By-law, an outdoor swimming pool shall be completely
enclosed by a fence or a combination of a permanent structure and a fence that prevents access to the
pool from the street or abutting lot.
a) The swimming pool enclosure shall completely enclose the swimming pool;
b) The swimming pool enclosure shall create a barrier that is no less than 1.5 metres in height
when measured from the ground to the top of the fence, gate, or structure, enclosing the
pool.
c) The swimming pool enclosure shall have no opening greater than 10 centimetres in the
barrier(s) required in subparagraph (b).
5.1.5 SWIMMING POOL ACCESS
Notwithstanding other provisions presented in the By-law, an outdoor swimming pool shall be accessed
by:
a) A self-closing and self-latching gate that is a minimum height of 1.5 metres;
b) A main building of structure, subject to 5.1.4; or
c) An accessory building or structure, subject to 5.1.4
5.2 AGRICULTURAL USES ASSOCIATED WITH RESIDENTIAL USES
In the Rural Residential zone or on a lot in the Rural zone with a residential use as the main use, the
keeping of livestock shall be permitted on those lots where the following requirements are met:
a) 0.5 or less AU of ducks, chickens, and turkeys are kept;
b) the area of the property is equal to or greater than 4,000 square metres;
c) is clearly accessory to a main use;
d) be contained within a livestock facility that is:
i.
setback 3 metres from any lot line;
ii.
visually screened from a public street and neighbouring properties.
5.3 BED AND BREAKFASTS AND TOURIST HOMES, INCLUDING INNS
Where permitted, Bed and Breakfasts and Tourist Homes shall:
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a)
Be limited to one-unit dwellings;
b)
Limit Bed and Breakfast operations to no more than four (4) sleeping units in the building or
as regulated by the appropriate provincial department;
c)
Limit Inn operation to no more than ten (10) sleeping units in the building;
d)
Not permit any sign visible from the outside of the house, advertising the existence of the
Bed and Breakfast, Tourist Home, or Inn or the availability of a room except:
(i)
in a Residential Zone, one non-illuminated sign attached to the building not
exceeding 0.4 square metres in area is permitted;
(ii)
in all other zones, one non-illuminated fascia sign not exceeding the provisions in this
By-law under section 8 for a fascia sign.
e) Not permit a Group Home, Residential Care Facility, Support Facility, Home Occupation or
Daycare Facility on the same lot;
f) The person operating the Bed and Breakfast, Tourist Home, or Inn shall hold a valid license
issued by the agency/agencies having jurisdiction or authority.
5.4 BOARDING AND ROOMING HOUSES
A boarding or rooming house is subject to the requirements that:
a) accommodations for compensation are provided for no more than ten persons;
b) the use shall not be within 60 metres of another lot that also contains a boarding or rooming
house;
c) no Group Home, Residential Care Facility, Supportive Care Facility, Home Occupation, or Day Care
Facility be permitted on the same lot;
d) cooking equipment is not permitted in a room used for sleeping accommodation;
e) the exterior of the building is not altered;
f) required parking is provided at the rear or the side of the building; and
g) no sign advertising the existence of the boarding or rooming house shall be displayed except a
sign permitted in a residential zone under section 87.
5.5 BUFFERING
Any new commercial or industrial use located adjacent to a residential use shall have, at or near the
boundary of the lot on which it is situated, a minimum of a 5-metre-wide buffer delineated with a fence
or landscaped buffer, including a hedge or shelter belt of trees.
5.6 DAY CARES
5.6.1 NEIGHBOURHOOD DAY CARES
Where permitted by this By-law, a Neighbourhood Day Care may be permitted as a secondary use in a
One-unit, two-unit, semi-detached dwelling, or townhouse dwelling subject to the following
requirements:
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a)
A Neighbourhood Day Care complies with the daycare regulations of the Early Childhood Services
Act of the Province of New Brunswick;
b)
A Neighbourhood Day Care shall have no more than 15 spaces;
c)
Any fenced, outdoor play area must be in the rear yard;
d)
A Neighbourhood Day Care shall be located on a street with unrestricted on-street parking or the
provision of an off-street drop-off area must be provided which limits the obstruction of passing
traffic;
e)
The Fire Marshall certifies the area in which the business is to be conducted meets the appropriate
requirements; and
f)
No Bed and Breakfast, Garden Suite, Secondary Suite, or Supportive Facility is permitted in any
building on the lot.
5.6.2 DAY CARE CENTRE
Where permitted by this By-law, a Day Care Centre shall be subject to the following requirements:
a) A Day Care Centre complies with the daycare regulations of the Early Childhood Services Act of
the Province of New Brunswick;
b) Any fenced or outdoor play area shall be in the rear yard;
c) One on-site parking space shall be provided for every five children; and
d) Pick-up and drop-off of children must occur on-site and have limited impact on neighbourhood
traffic patterns.
5.7 FENCES
a) Notwithstanding any other provision of this By-law, subject to this section, a fence may be placed
or located in any yard;
b) Notwithstanding any other provision of this By-law, no fence along a street line may exceed 1.5
metres in height,
c) No fence may exceed the height of:
(i) 2 metres in a Residential Zone; or
(ii) 2.5 metres in any other zone
d) No fence shall be located within 1.5 metres of a street line in all zones.
e) No fence shall be located:
a. within 150 mm of a property line in the case of chain link construction or
b. within 600 mm of a property line for all other types of construction.
f) Notwithstanding subsection (e) of this Section where both owners of adjacent properties have
applied for and signed the Building Permit, a fence may be placed exactly on the property line;
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g) No fence shall be electrified or incorporate barbed wire or other dangerous materials except in
the Rural or Rural Residential zones for the purposes of livestock controls; and
h) Notwithstanding (g) of this Section, fences other than a chain link fence, shall be installed with
the finished side facing the adjoining property.
5.8 GARDEN SUITES
Where permitted by this By-law, a one or two-unit dwelling may also contain a Garden Suite subject to
the following:
a) The Garden Suite shall not exceed a maximum gross floor area of 75 square metres;
b) The Garden Suite must be serviced from and in the same manner as the main building via one
set of laterals to the building or by the same on-site services at the main building;
c) The height of the Garden Suite shall not exceed the height prescribed for an accessory building
in Section 5.1 of this Bylaw;
d) The Garden Suite shall be in the rear yard of the main building;
e) The Garden Suite shall be of a similar appearance and design as the main building;
f) Notwithstanding (e), a mini-home is permitted to be used as a Garden Suite in the Rural
Residential and Rural zones; and
g) There shall be at least one on-site parking space provided for the Garden Suite.
5.9 HOME OCCUPATIONS
5.9.1 HOME OCCUPATION GENERAL REQUIREMENTS
In addition to all other requirements of this By-law, the following shall apply to all Home Occupations:
a) A Home Occupation may be permitted as a secondary use within a dwelling unit or an accessory
building, or both for the same home occupation, and must be clearly secondary to the residential
use;
b) A Home Occupation shall be the principal residence of the operator;
c) The maximum area of the Home Occupation located within a dwelling unit shall not exceed 33%
of the gross floor area of the dwelling unit;
d) When the Home Occupation operates from an accessory building, the accessory building shall
meet the regulations for maximum gross floor area permitted on the property;
e) A Home Occupation may be housed in a combination of the main dwelling unit and an accessory
building provided that the area utilized does not exceed 25% of the dwelling unit;
f) No exterior changes will be permitted which would change the architectural appearance of the
dwelling;
g) The Home Occupation will meet the parking and signage requirements as set out in this By-law;
h) Off-street parking shall be required in accordance with Section 6 of this By-law.
i)
The following environmental standards shall apply:
i.
No emissions of odorous gas or particulates that can be discerned at the lot line;
ii.
No production of noise in excess of a normal street traffic experience;
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iii.
No physical hazards or nuisance including fire, toxic waste, explosion, glare or vibration
to adjacent properties;
iv.
No discharge of any waste material or pollutant onto the ground of property or adjacent
property or any waterway or drainage facility; and
v.
Outdoor storage must be located in the rear yard containing the Home Occupation and
screened.
5.9.2 HOME OCCUPATIONS PERMITTED BY DEVELOPMENT PERMIT
a) Art or Craft Person Studio
b) Bed & Breakfast
c) Home Business Office - no additional staff
d) Neighbourhood Day Care
5.9.3 HOME OCCUPATIONS PERMITTED BY COMMITTEE APPROVAL
a) Art Studio with Gallery
b) Carpentry and Repair Shops, including incidental retail sales
c) Catering Establishments, including incidental retail sales
d) Doggie Daycares
e) Home Office with Staff, including instructional services
f) Personal Service
g) Pet Grooming
h) Any other use not listed at the discretion of PAC
5.9.4 ADDITIONAL REQUIREMENTS FOR PET GROOMING HOME OCCUPATIONS
a) Outdoor kennels for animals associated with the business are not permitted;
b) No overnight accommodation for animals associated with the business is permitted; and
c) The number of animals associated with the business shall not exceed 5 on the lot at any given
time.
5.10 HOBBY FARMS
a. Where permitted, a Hobby Farm is subject to the following requirements:
b. A hobby farm is permitted in association with a residential use in Rural Residential and Rural zones
c. The minimum size of lot used for a hobby farm shall be 1 hectare (2.5 acres);
d. The Hobby Farm shall not employ more than five people in addition to those who live in the main
dwelling unit.
e. The hobby farm shall not be a hazardous or noxious trade, business or manufacturing plant, and
shall not create or become a public nuisance;
f. The hobby farm be clearly accessory to the main use and not change the residential character of
the premises;
g. that off-street parking be in accordance with section 6.4;
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h. 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:
a. incidental to the Hobby Farm (farm gate sales) or
b. arts and crafts produced on the premises.
5.11 HOME INDUSTRY
Where permitted, a home industry is subject to the following:
a. A home industry may be considered a second main use on a lot which contains a one-unit
dwelling.
b. A home industry shall be located within a separate building from the main dwelling.
c. A home industry shall conform to the rules of the zone to which it is proposed.
d. Outdoor storage shall be in accordance with section 5.1.
e. A sign shall be permitted in accordance with section 7.
f. Parking shall be provided in accordance with section 6.
g. No more than four vehicles with an image, logo, graphic, or sign associated with the home
industry are permitted on the lot. This does not include vehicles stored and fully enclosed within
an accessory building (garage).
5.12 KEEPING OF CHICKENS
Where permitted by this By-law, the keeping of chickens shall comply with the following:
a)
A maximum of 6 hens shall be kept;
b)
Roosters are prohibited;
c)
The owner of the chickens shall reside on the lot where the chickens are kept;
d)
The sale of eggs or meat and the slaughter of animals on the lot is prohibited;
e)
Manure is not to be stored on-site unless in a sealed container; and
f)
A roofed enclosure consisting of a chicken coop connected to a chicken run shall be provided in
the rear yard of the main building and shall:
i)
Be fully enclosed by wire fencing and impermeable to predators;
ii)
Be visually screened from a public street and neighbouring properties; and
iii)
Be no closer than two metres to any side lot line or rear lot line, and shall have a
minimum separation distance of 7.5 metres from a main building on an adjoining lot
and 30 metres from any existing well on an adjoining lot.
iv)
Any combination of the above.
5.13 EXCAVATION
5.13.1 EXCAVATION PERMIT APPLICATION
An application for an Excavation Permit shall:
a) state the name and address of the applicant and the location of the proposed excavation;
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b) be accompanied by a plan drawn to a scale not less than 1:1000 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 that person named in the proposed permit to
maintain accesses to the excavation, and public streets over which excavated materials
are transported, in a dust-free condition by paving, sweeping, or the use of calcium
chloride;
e) mention the anticipated date of commencement of work involved in the excavation; and
f) include a proposal for rehabilitation of the site of the excavation as provided for herein
and the proposed the lime limit therefore;
g) Indicate the size and location of signs erected or proposed to be erected within the lands
involved in the proposal;
h) The amount of security to be deposited in the sum of money or surety bond in lieu
thereof, issued by an insurance company licensed to carry on business in New Brunswick,
in amount adequate to cover the cost of rehabilitation required under section 5.13.3.
5.13.2 EXCAVATION GENERAL PROVISIONS
a) No person may undertake or continue the excavation of land unless an Excavation Permit has
been issued by the Development Officer;
b) An Excavation Permit is valid until December 31st of the year of issue and may be renewed for the
fee prescribed by Council;
c) No Excavation Permit shall be issued if the proposed work would be apt to:
i)
Create a hazard to human life;
ii) Cause injury to a person;
iii) Damage adjoining property;
iv) Adversely affect a public water main or sewer, or watercourse or street; or
v) Cause geological instability or flood hazard to the extent that no reasonable amount of
work could be undertaken to correct or eliminate or sufficiently reduce the hazard
d) No excavation shall take place below the base agreed upon pursuance to 5.13.1(c)
e) Access to the excavation site and public streets over which excavated material is transported are
maintained by the person named in the permit in a dust-free condition, as by paving, sweeping or
the use of calcium chloride;
f) Excavation, and any work related thereto, is 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;
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g) Adequate measures shall be taken to prevent surface water from damaging the face of the
excavation;
h) Neither the top or toe of the slope of the excavation, or any building or structure or storage or
repair in connection therewith, is within 15m of an abutting property line;
i)
Annually at the end of operations for the summer, the slope of the excavation is not steeper than
1.5 Horizontal to 1 Vertical for the full depth thereof; and
j)
The land of the site of the excavation is rehabilitated as described in the approved rehabilitation
plan.
k) Where a person violates any of the terms and conditions mentioned in 5.13.2, or any provision of
this section, the Development Officer or Council may suspend or revoke the excavation permit,
and may, if the violation is rectified, reinstate a suspended permit.
5.13.3 EXCAVATION SITE REHABILITATION
a) The land of the site of the excavation for which a permit has been issued hereunder shall be
rehabilitated by the owner thereof within the time limit mentioned in the permit, upon
i)
depletion of excavation material from the site to the extent that further operation would
be no longer viable;
ii) failure to seek renewal of an elapsed or cancelled permit; or
iii) cessation of operation for a period of at least one year.
b) Rehabilitation mentioned in subsection (a) shall include the following:
i)
where an excavation is over 6 m deep, a terrace shall be provided not less than 6m in
width at each 6 metre interval of the depth;
ii) except for terraces provided pursuant to clause (a), slopes of the excavation shall be not
steeper than 1.5 Horizontal to 1 Vertical;
iii) all plants, equipment, buildings or structures, placed or erected on the site for purposes
of the excavation shall be removed;
iv) all stock piles, earth, sand, gravel or other excavated material shall be removed from the
site, backfilled into the excavation where feasible, or brought to a common grade with
the rest of the land; and
v) the site shall be cleared of debris and, except for areas under water or on rock faces,
covered with a layer of soil, capable of supporting vegetation, to a depth of at least 152
mm (6 in.) and seeded with grass or other ground cover to prevent erosion.
c) Where an owner fails to meet the requirements of 5.13.2 or 5.13.3, Council may cause the
required rehabilitation to be done and may recover all cost connected therewith from the owner.
5.14 LANDSCAPING
a) Subject to this section, the owner of a lot developed for residential purposes shall landscape:
i)
the front yard of the main building; and
ii) subject to section 4.8, any required yard that abuts a street;
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iii) any side yard; and
iv) any part of the rear yard within 4 m of any main building thereon;
b) Subject to this section, the owner of a lot developed for commercial or industrial purposes shall
landscape the total area of the lot, except for that part devoted to buildings and structures or is
paved, in the case of driveways and off-street parking areas; except in the case of lots having
significantly surplus area.
c) For the purposes of this section, landscaping shall be provided as follows:
i)
for multiple dwelling units of four units or less, and for all conversions to multiple dwelling
units under section 4.3, landscaping shall be completed in the front yard area of the lot.
In a corner lot, this includes the frontage on all streets;
ii) for multiple dwelling units in excess of four units, landscaping shall be completed in that
portion of the front yard area in front of the main building. If the length of the front of
the main building is not 50% or more of the total frontage, additional landscaping shall be
provided to total 50% of the entire frontage. On a corner lot, the front of the building shall
mean that part of the main building facing the street, and the frontage shall be the length
of the lot along all streets;
d) Landscaping shall include:
i)
at least 80 mm of topsoil after compaction and the seeding or sodding thereof;
ii) may include partial devotion to paths, patios, walkways, ornamental shrubbery or trees
where not prohibited by this or any By-Law, rule or regulation.
e) Landscaped areas shall be graded to divert surface water from the building or dwelling and insofar
as it is reasonably possible.
f) The landscaping under this section shall be completed not later than one year from the date of
the granting of the development permit for the main building.
g) Notwithstanding any other landscaping provision in this section, any yard may be used for the
purpose of walks and driveways for access to the main building or other use of the lot.
5.15 LIVESTOCK FACILITIES
5.15.1 Livestock Facilities Lot Size and Setback Standards
Where permitted by this By-law, the following development standards apply to livestock facilities:
Animal Units (AU)
Minimum Lot Size
Minimum Setback from all Lot
Lines
a) 1 or less AU of ducks, chickens,
turkeys, and geese
4000 m2
3m
b) 2 or less AU of all species
9000 m2
6m
c) > 2 to 4 AU of all species
20,0000 m2
10m
d) > 4 to 6 AU of all species
30,000 m2
18m
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5.15.2 Livestock Facility Animal Unit Exemptions
Additional animal units will be permitted on lots larger than 3 hectares subject to approval or exemption
under the Livestock Operations Act.
5.16 PORTABLE OR TEMPORARY GARAGES
Notwithstanding any setback or yard requirements in this by-law, portable garages may be permitted on
any residential lots. Such garages shall only be permitted on residential property between October 15 and
April 30, inclusive.
5.17 GARBAGE ENCLOSURES AND STORAGE
In any commercial, industrial, or multiple unit residential zone where any area of the lot exterior to the
building is to be used for the storage of garbage, including areas for the location of compactors or
commercial waste bins, such areas shall conform to the following standards:
a) be fully screened by a surrounding fence at least 2 m in height designed so as to be opaque;
b) no garbage storage area shall be located in any required yard, nor shall it be located within 6 m
of a public street or within 2 m of a residential use;
c) no garbage shall be stored in any garbage storage area so as to exceed the height of the
surrounding fence;
d) materials used to screen and surround the garbage storage unit or dumpster must be made of
materials similar to that of the building; and
e) garbage must be stored within the specified setback and yard requirements for the applicable
zone.
5.18 SECONDARY SUITES
Where permitted by this By-law, a one-unit, two-unit, and rowhouse dwelling may also contain a
Secondary Suite subject to the following:
a) It shall not exceed 40% of the gross floor area of the main dwelling unit or 75 square metres,
whichever is less;
b) Shall have an entrance to the side or rear of the building;
c) The suite must be serviced from and in the same manner as the main building via one set of
laterals to the building or by the same on-site services at the main building;
d) The presence of the Secondary Suite shall not change the exterior appearance of the building; and
e) One on-site parking space shall be provided for the Secondary Suite.
5.19 SUPPORTIVE FACILITY
Where permitted by this By-law, the Supportive Facility shall comply with the following:
a)
Maintain a minimum radius of 183 metres from another lot also containing a supportive facility
if both are in a residential zone;
b)
Within the Two -Unit Residential Zone, Supportive Facility uses shall be limited to 5 residents;
c)
Within the Multiple Unit Residential Zone, Supportive Facility uses shall be limited to 12
residents;
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d)
A Bed and Breakfast, Home Occupation, Day Care Facility, or Secondary Suite are not permitted
on the same lot;
e)
When considering the conditional use of the Supportive Facility, the Committee shall consider
the following:
i)
The location of the facility relative to a main or arterial street;
ii)
The impacts to adjacent properties; and
iii)
The local need for the facility in the Town.
5.20 WIND TURBINES
Wind turbines shall only be permitted in all Residential and Commercial zones and the Rural and
Institutional zones.
a. The rotor clearance of any wind turbine shall not be less than 8 m.
b. Wind turbines shall be setback no less than 1.5 times the total height from the property line and
shall have a mean value of sound pressure that does not exceed the greater of 45 dBA or 5 dBA
above the background noise levels at the nearest receptor.
c. Any climbing apparatus associated with the wind turbine shall be a minimum of 3.5 m above
grade.
d. Any guy wires associated with a wind turbine must be clearly visible to a height of 2 m above
grade.
e. All structures associated with the wind turbine, including guy wire anchors shall be setback no
less than 3 m from the property line.
f. All outdoor storage associated with a wind turbine facility shall be screened from view from
adjacent properties and roads or highways.
g. Wind turbines shall be painted or finished in a non-reflective and non-obtrusive colour; be
artificially lighted to the extent required by Transport Canada and NAV Canada.
h. The owner of a wind turbine that has been inactive for more than 12 consecutive months shall
remove the wind turbine within 60 days from the date of notification.
5.21 YARD SALE
a) Yard/garage sales may be undertaken on any site, in any zone provided the sale is conducted by
an owner/resident of the subject site, or by a non-profit group, community association, or other
similar group or organization.
b) No more than 6 yard/garage sales may be conducted from one site in one calendar year, and any
1 sale may not last more than 3 consecutive days. Each day of a yard/garage sale counts toward
the total number permitted.
c) No signage advertising yard/garage sales shall be posted more than 48 hours prior to, and all
signage must be removed within 48 hours of the day of sale.
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6. PARKING AND LOADING
6.1 PARKING STANDARDS
The following general provisions will apply to all parking requirements:
a) Parking shall be provided upon the same lot as, or within 150 m of, the use for which the
parking is required;
b) Except for parking spaces for hotel or motel uses, no parking space is permitted nearer
than 1.8m from a wall containing windows to habitable rooms;
c) A change of use does not require additional parking spaces other than those already
provided;
d) Notwithstanding any other provision in this section, where there is a combination of uses
on a lot, the minimum parking space requirements shall equal the combined total of the
minimum requirements for each use;
e) Notwithstanding provisions for Barrier Free parking spaces, Individual parking spaces shall
have minimum dimensions of 2.7 m by 6 m;
f) Barrier Free parking spaces are subject to the requirements of section 6.3 and all
applicable Provincial requirements;
g) Where a parking lot for more than six (6) vehicles is required or proposed the following
provisions apply:
i.
except in the case of a home business or home occupation, the parking lot shall
be maintained with a stable surface that is paved;
ii.
lights used for illumination of the lot shall be arranged in order to divert the light
away from streets, adjacent lots and buildings;
iii.
no gasoline pumps or other service station equipment shall be located or
maintained on the parking lot;
iv.
approaches or driveways to the lot shall have a curbing radius of 10 m where they
meet a public street; shall be defined by a curb of asphalt, concrete, or Portland
Cement concrete; and the limits of the lot shall be defined by a fence, curb or
other suitable obstruction designed to provide a neat appearance;
v.
the location of approaches or driveways shall not be closer than 15 m from the
limits of the right-of-way at a street intersection;
vi.
entrance and exit driveways to the parking lot shall not exceed two (2) in number
at the street line and edge of pavement;
vii.
notwithstanding (vi), the Planning Advisory Committee may consider the creation
of more than two driveways, subject to terms and conditions;
viii.
a driveway leading to or from a parking lot or loading space shall:
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a. in the case of a one-way driveway for traffic entering the lot, have a width
of at least 3.5 m;
b. in the case of a one-way driveway for traffic exiting the lot, have a width
of at least 3.2 m when the number of parking spaces on the lot exceeds
12;
c. in the case of a two-way driveway for traffic entering and exiting the lot,
have a width of at least 6.7 m; and
d. not exceed a maximum width of 7.6 m except in any Commercial or
Industrial zone, where it shall not exceed a maximum width of 12 m;
ix.
a parking lot shall be graded and drained in such a manner as to ensure that the
surface water will not escape onto neighbouring lands or on to the traveled way
or sidewalk of any public street.
h) Notwithstanding the provisions of subsection (g), driveways shall be designed to generally
accepted engineering criteria and information provided in the Geometric Design
Guidelines for Canadian Roads, published by the Transportation Association of Canada.
i) Within a residential zone, no parking shall be permitted nor parking spaces required
within the required front yard except for single and two-unit dwellings and row house
dwellings.
6.2 PARKING SPACE REQUIREMENTS BY USE
Use
Spaces Required
a) for one- and two-unit dwellings, town and row
houses
One space per dwelling unit
b) for multiple dwellings
None
c) for Supportive Facility, Group Home, Rooming
Houses
0.5 spaces per bed
d) for assembly buildings including arenas,
auditoriums, churches, funeral parlors, public
One space for each 6 persons comprising a
capacity audience or congregation therein;
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halls, theatres, rinks, or any building (such as
schools) containing a like usage
e) for hospitals, medical clinics
Two spaces per bed;
f) for hotels, motels
One space per guest room;
g) for licensed bars, taverns, or restaurants
The greater of: one space per each 3 patrons
comprising capacity patronage or 1 space per 10
m2 of gross floor area
h) for social clubs or commercial fitness facilities one space per 23 m2 of gross floor area, or
fraction thereof
i)
for business offices, financial institutions,
public libraries, art galleries or museums
three spaces per 93 m2 of gross floor area;
j) for schools, public or private
three spaces per classroom for an elementary or
junior high school; four spaces per classroom for
a high school
k) for sports or recreation fields,
one space for each 6 persons for whom seating
arrangements may be provided;
l)
for retail, wholesale or service establishments
with a gross floor area exceeding 465.4 square
meters
four spaces per 93 m2 of gross floor area;
m) for retail, wholesale or service establishments
with a gross floor area not exceeding 465.4
square meters
three spaces per 93 m2 of gross floor area;
n) for warehousing, wholesale, industrial or
manufacturing buildings,
the greater of 2 spaces per 93 m2 of gross floor
area, or 1 space per 4 employees;
o) for other uses
three spaces per 93 m2 of gross floor area;
p) bed and breakfast
one per main dwelling unit plus one per each
guest room
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q) customer contact centre
one space per 5 employees
r) theatre / cinema
one space per 5 fixed seats
6.3 BARRIER FREE PARKING
a) The number of barrier free parking spaces for development where 5 or more spaces
are required shall be in accordance with the following:
b) Barrier Free parking spaces shall be:
(i) provided and considered as part of the number of stalls required for a project;
(ii) located closer to the entrance of the building for which they are intended;
(iii) identified by a sign and, if the surface is paved, by pavement markings to the
satisfaction of the Development Officer;
(iv) a minimum of 3.8 metres in width and 7.3 metres in length.
Total Number of Required
Spaces in a Lot
Total Number of Barrier Free
Parking Spaces Required
5 - 25
1
26 - 50
2
51 - 75
3
76 - 100
4
101 - 150
5
151 - 200
6
201 - 300
7
301 - 400
8
401 - 500
9
501 - 1000
2% of the total
Over 1000
20 spaces plus 1 space for
each 100 spaces over that.
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6.4 LOADING STANDARDS
a) Off-street spaces not less than 9 meters long, 3.5 meters wide, and 4.25 meters high, with access
thereto, shall be provided for loading for every building or structure used for any purpose
involving the use of vehicles for the receipt or distribution of materials, in the following numbers:
Floor Area of Building
Number of Loading Spaces
Up to and including 1858 m2
1
Over 1858 m2 up to and including 4645 m2
2
For each 4645 m2 additional or major portion
thereof
1 additional space
b) An off -street loading space referenced in subsection (a) above shall:
i)
be so located that merchandise or materials are loaded or unloaded on the premises
being served;
ii) be provided with adequate facilities for ingress and egress and unobstructed
maneuvering aisles; and
iii) be a paved surface.
6.5 QUEUING SPACES
Queuing spaces shall be provided for drive-thru businesses (including drive-thru restaurants and car
washes, gasoline bars, automotive service stations, and drive-in business), as follows:
a) for drive-thru businesses, including drive-thru restaurants, banks and car washes:
i)
6 in-bound queuing spaces shall be provided for vehicles approaching the drive-up service
window;
ii) 1 outbound queuing space shall be provided on the exit side of each service position and
this space shall be located so as not to interfere with service to the next vehicle; and
b) for drive-in businesses, automotive, gas bar and automotive repair outlets:
i)
5 in-bound spaces shall be provided; and
ii) 1 out-bound space shall be provided.
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c) All queuing spaces shall be a minimum of 6.5 m long and 3 m wide.
d) Queuing lanes shall provide sufficient space for turning and maneuvering and shall not occupy any
portion of a designated fire lane.
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7. SIGNS
7.1 GENERAL PROVISIONS
a) Signs within the Downtown Commercial Centre are subject to the additional requirements of By-
law Z-83, 2007.
b) Other than a traffic control device as defined by the Motor Vehicle Act, or a legal notice, no sign
may be placed, erected or displayed on any land, building or structure.
c) With the exception of a sign placed pursuant to section 7.2, no person shall erect a sign without
first obtaining a permit from the Development Officer and no permit to erect a sign shall be issued
unless all the sign provisions of this By-Law are satisfied.
d) The use of land or a building or structure for the purpose of placing, erecting or displaying a sign
not expressly permitted by this section is permitted only if approved by the Planning Advisory
Committee and only in compliance with such terms and conditions as may be imposed by the
Planning Advisory Committee.
e) Other than a traffic control device as defined by the Motor Vehicle Act, no sign shall be
illuminated intermittently or incorporate flashing in any way.
f) The Development Officer may require the removal of any sign or parts thereof, which in their
opinion, is unsightly, not in good state of repair or may constitute a hazard.
g) A Home Occupation sign is limited to a maximum of one per lot.
7.2 SIGNS PERMITTED IN ALL ZONES
Notwithstanding anything else in this By-law, the following signs shall be permitted in any land use zone
and do not require a permit from the Development Officer:
a) A real estate sign with an area not exceeding 2 square metres in a Residential Zone or 3 square
metres in any other zone. A real estate sign shall be placed on the property in which it is
advertising sale;
b) A sign associated with a special event or public election shall not exceed 3 square metres in total
sign face area and shall be removed within seven days after the event or election;
c) A directional sign subject to the following:
i.
A maximum of one directional sign for each entrance, exit, and drive through lane is
permitted;
ii.
With the exception of a logo, a directional sign is limited to the purpose of directing
vehicle and pedestrian traffic to an access or driveway on the same lot;
iii.
A directional sign shall not exceed a maximum sign face area of .5 square metres;
iv.
A directional sign shall not exceed 1.5 metres in height;
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v.
A directional sign shall have a minimum setback of 1.5 metres from a front, flankage, or
side lot line and a minimum setback of 1 metre from the edge of a paved or painted lane
of access or driveway.
d) A point-of-purchase sign;
e) An entrance identification sign;
f) A public welfare or safety sign authorized by the Town or Province including a directional or traffic
sign outside of a public street or right-of-way;
g) A sign identifying a hazard of danger on a lot;
h) A memorial or foundation sign on a building;
i)
A sign that identifies the address of a residence, the name of the resident, or a sign regulating the
conduct of a person on the lot, provided such a sign does not exceed .5 metres in total sign face
area;
j)
A flag, banner, or emblem representing a country, province, municipality, or non-commercial
organization;
k) A sign affixed to a licensed taxi cab
7.3 SIGNS PROHIBITED IN ALL ZONES
Except as otherwise provided in this By-law, the following signs are not permitted:
a) A temporary or mobile sign that is not affixed to the ground, a building, or structure;
b) Except for Billboards in accordance with Section 7.4, a third-party sign advertising an activity,
business, product, or service not conducted on the lot or premise where the sign is located;
c) A sign, other than a traffic control device defined under the Motor Vehicle Act, shall not use words
or lights that may mislead, confuse, or interfere with traffic along a public street;
7.4 BILLBOARD SIGNS
A billboard sign may be placed, erected, or displayed subject to the approval of the Planning Advisory
Committee and subject to the following requirements:
a) A Billboard Sign shall be permitted, subject to Planning Advisory Committee approval, only in the
Corridor Commercial, Industrial, and Rural and Agricultural Zones;
b) A Billboard Sign's sign face shall not exceed a length greater than 10 metres or a height greater
than 4 metres;
c) A Billboard Sign shall not be located in any required yard;
d) A Billboard Sign shall not be within 250 metres of another Billboard Sign;
e) Notwithstanding subsection (d) two Billboard Signs may be located together as a unit if the total
sign face length does not exceed 15 metres;
f) A Billboard Sign oriented towards a Provincial Highway is subject to Provincial approval.
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7.5 AWNING AND CANOPY SIGNS
Awning / Canopy signage is permitted in Commercial, Industrial, and Institutional zones and is subject to
the following requirements:
a) An awning sign shall be attached below the level of the second floor windows of a building;
b) An awning sign shall have a minimum clearance of 2.5 metres above a sidewalk or walkway; and
c) An awning sign shall not exceed a maximum projection of 1 m over a sidewalk or walkway.
7.6 GROUND SIGNS
7.6.1 GENERAL PROVISIONS FOR GROUND SIGNS
a) All Ground Signs shall be located no closer to a street line thank the lesser of:
i.
3 metres;
ii.
The required front yard of the zone;
iii.
No closer to a side or rear lot line than 1.5 metres
b) The height of a Ground Sign shall not exceed the maximum height permitted in the zone in which
the sign is located.
7.6.2 GROUND SIGNS IN RESIDENTIAL ZONES
A Ground Sign shall only be permitted in a Residential Zone with the following maximum sign face area:
a)
Neighbourhood Day Care, Home Occupation, or Supportive
Facility
0.5 square metres for each face
1 square metre total all faces
b)
Rooming House
1 square metre for each face
2 square metres total of all faces
c)
Bed and Breakfast
1.5 square metres for each face
3 square metres total of all faces
d)
Other
0.25 square metres for each face
0.5 square metres total of all
faces
7.6.3 GROUND SIGNS IN COMMERCIAL ZONES
A Ground Sign shall only be permitted with the following maximum sign face area:
a)
In the Downtown Commercial Zone
3 square metres for each face
6 square metre total all faces
b)
In the Corridor Commercial Zone
7.5 square metre for each face
15 square metres total of all faces
c)
In the General Commercial Zone
5 square metres for each face
10 square metres total of all faces
d)
Other
2.5 square metres for each face
5 square metres total of all faces
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7.6.4 GROUND SIGNS IN OTHER ZONES
a)
In the Industrial Zone
9 square metres for each face
18 square metre total all faces
b)
In the Institutional Zone
5 square metre for each face
10 square metres total of all faces
c)
In the Parks and Recreation Zone
5 square metres for each face
10 square metres total of all faces
d)
In the Environmental Protection Zone
2.5 square metres for each face
5 square metres total of all faces
e)
In the Rural and Agricultural Zone
3 square metres for each face
6 square metres total of all faces
7.7 PROJECTING WALL SIGNS
Projecting Wall Signs are permitted in all Commercial Zones, the Industrial Zone, and the Institutional
Zone and are subject to the following requirements:
a) The Projecting Wall Sign shall be no larger than 2 square metres in size;
b) The sign shall not exceed a projection of 1.5 metres from the building; and
c) The sigh shall be no less than 2.5 metres high at its lowest point.
7.8 SANDWICH BOARD SIGNS
Sandwich Board Signs are permitted in association with any business use including home occupations and
are subject to the following requirements:
a) A Sandwich Board sign shall be no larger than 0.76 m wide by 0.91 m high per side
b) The sign shall be securely anchored or weighted in place;
c) The sign shall be placed in front of a business so as not to impede pedestrian and/or vehicular
traffic;
d) A Sandwich Board sign shall be in good repair and appear professionally made; and
e) Sandwich Board Signs are limited to one per business and shall be removed each day at the end
of business hours.
7.9 WALL SIGNS
7.9.1 GENERAL PROVISIONS FOR WALL SIGNS
a) A Wall Sign shall be parallel to the wall to which it is affixed;
b) A Wall Sign shall not cover a fence or roof;
c) Wall Signs in a Residential zone shall be placed on a wall oriented towards the street;
d) Wall Signs in Residential Zones and Environmental Protection Zones shall not be illuminated from
within. Any illumination shall be downcast upon the sign to lessen impact on the surrounding
environment.
e) No sign shall be illuminated intermittently or incorporate flashing in any way
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7.9.2 WALL SIGNS IN RESIDENTIAL ZONES
A Wall Sign shall only be permitted in a Residential Zone with the following maximum sign face area:
a)
Neigbourhood Day Care, Home Occupation, Supportive
Facility, Rooming House
.5 square metres
b)
Other
.25 square metres
7.9.3 WALL SIGNS IN COMMERCIAL ZONES
A Wall Sign shall only be permitted with the following maximum sign face area:
a)
Downtown Commercial Centre Zone
.5 square metres per metre of
occupied building frontage for
every business with an external
public entrance
b)
Corridor Commercial Zone
.7 square metres per metre of lot
frontage
Or
.7 square metres per metre of
occupied building frontage for
every business with an external
public entrance
c)
General Commercial Zone
.5 square metres per metre of lot
frontage
Or
.5 square metres per metre of
occupied building frontage for
every business with an external
public entrance
7.9.4 WALL SIGNS IN OTHER ZONES
a)
Industrial Zone
.5 square metres per metre of lot
frontage
b)
Institutional Zone
.7 square metres per metre of lot
frontage
c)
Parks and Recreation Zone, Environmental Protection Zone,
Rural and Agricultural Zone
.25 square metres per metre of
lot frontage
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7.10 CONSTRUCTION SIGNS
a) Notwithstanding section 7.3, nothing in this By-law shall prevent the placement of sign which
identifies the architects, engineers, contractors, or other professional individuals or firms involved
with the development occurring on the same lot, or an announcement concerning proposed
development on the same lot.
b) A construction sign shall not advertise any product.
c) A construction sign shall be removed within 14 days of the beginning of the intended use of the
construction.
d) A construction sign:
i.
shall not exceed 1.11 m2 in area for each firm; and
ii.
shall not, in total, exceed 5.57 m2 in area.
7.11 ELECTRONIC SIGNS
Notwithstanding section 7.3, an electronic message board sign may be erected subject to the following
requirements:
a) Electronic Signs are permitted in the Corridor Commercial, Institutional, and Industrial Zone;
b) Notwithstanding subsection (a), Electronic Signs are subject to the conditions of the Planning
Advisory Committee in non-residential zones;
c) Only one electronic message board sign shall be permitted per lot;
d) Messages shall be static images displayed for at least ten seconds;
e) Message transitions shall not strobe, flash, or be animated;
f) An electronic message board shall adjust in brightness between daytime and nighttime and shall
be of a reduced brightness in the nighttime;
g) Where permitted, an electronic message board shall not exceed a maximum total sign face area
of 3.5 square metres; and
h) Electronic message boards in the Downtown Commercial Centre zone are subject to the
requirements of By-law Z-83, 2007.
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8. RESIDENTIAL ZONES
8.1 ONE AND TWO-UNIT RESIDENTIAL (R1) ZONE
The intention of this zone is to permit the traditional single-unit and two-unit dwelling format seen in the
established residential neighbourhoods throughout the Town. This zone accommodates more uniform
land use patterns through consistent setbacks and limited variety of uses. The R1 zone allows for the
gradual evolution of neighbourhoods through the conditional permitting of moderate density dwelling
types, including up to six (6) units.
8.1.1 PERMITTED USES
Any land building or structure in the One and Two-Unit Residential Zone may be used for the purposes
of:
a) A One-unit dwelling
b) A semi-detached or Two-unit dwelling
c) a garden suite, subject to 5.8
d) a secondary suite, subject to 5.18
e) a home occupation, subject to section 5.9
f) a neighbourhood day care, subject to section 5.6
8.1.2 CONDITIONAL USES
The following uses may be permitted, subject to Planning Advisory Committee approval, and such terms
and conditions as determined by the Planning Advisory Committee:
a) a row or townhouse dwelling up to and including 4 units;
b) a multiple dwelling up to and including 6 units
c) a Bed and Breakfast, subject to Section 5.3
d) Keeping of Chickens, subject to Section 5.12
e) Supportive Facility, subject to Section 5.19
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8.1.3 ZONE STANDARDS
a)
Minimum lot area
Interior lot, serviced: 550 m2
Corner lot, serviced: 650 m2
Unserviced lot: 4,000 m2
Minimum lot frontage
Interior lot, serviced: 18 m
Corner lot, serviced: 21 m
Unserviced lot: 54 m
Minimum lot depth
30 m
Minimum front / flankage yard
6 m
Minimum rear yard
6 m
Minimum side yard
1.5 m
Maximum Height
9 m
Maximum lot coverage
50%
Other Requirements
In accordance with Sections 4-8 of this By-law
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8.2 LOW RISE RESIDENTIAL (R2) ZONE
The intention of this zone is to permit a variety of housing types that represent a gentle increase in density
and to allow a transition between uniform, one-unit neighbourhoods and more moderate residential
density and commercial development. The R2 zone allows for the sensitive integration of home
occupations, secondary and garden suites, and day care uses.
8.2.1 PERMITTED USES
Any land, building or structure in the Low Rise Residential Zone may be used for the purpose of:
(a) One-unit dwelling
(b) Semi-detached or Two-unit dwelling
(c) Row or townhouse dwelling up to and including 6 units;
(d) Multiple dwelling to a maximum of 6 units;
(e) Garden suite, subject to section 5.8
(f) Home Occupation, subject to Section 5.9
(g) Secondary suite, subject to section 5.18
8.2.2 CONDITIONAL USES
The following uses may be permitted, subject to Planning Advisory Committee approval, and such terms
and conditions as determined by the Planning Advisory Committee:
(a) A multiple dwelling to a maximum of 12 units
(b) Bed and Breakfast, subject to Section 5.3
(c) Boarding or Rooming House, subject to 5.4
(d) Day Care Centre, subject to 5.6
(e) Group Home
(f) Keeping of chickens, subject to Section 5.12
(g) Neighbourhood Day Care, subject to Section 5.6
(h) Supportive Facility maximum 5 beds, subject to Section 5.19
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8.2.3 ZONE STANDARDS
One-unit, Two-unit, or
Semi-Detached Dwelling
Row or Townhouse Dwelling
Multiple Dwelling
Minimum lot area
Serviced lot: 550 m2
Unserviced lot: 4,000m2
For each dwelling unit
therein, serviced lot:
185 m2
For each dwelling unit
therein, unserviced lot:
1,345 m2
For each unit having a
minimum of 2 bedrooms,
serviced lot: 150 m2
For each one bedroom or
studio unit, serviced lot:
105 m2
Unserviced lot: 8,050 m2
Minimum lot
frontage
Interior, Serviced Lot: 20 m
Corner, Serviced Lot: 23 m
Unserviced lot: 54 m
For each dwelling unit
therein, serviced lot: 6 m
For each dwelling unit
therein, unserviced lot: 10 m
Serviced lot: 20 m
Unserviced lot: 68 m
Minimum lot depth
30 m
Minimum front /
flankage yard
6 m
Minimum rear yard
6 m
Minimum side yard
1.5 m
1.5 m
2 m
Maximum Height
12 m (3 storeys)
Minimum Height
Two storeys
Maximum lot
coverage
60%
Other Requirements
In accordance with Sections 4 -8 of this By-law
8.2.4 STANDARDS FOR ROW AND TOWN HOUSES
Rowhouses and Townhouses are subject to the further requirements that
a) no series or group shall contain more than
i) 6 dwelling units with the same or approximately the same front building line,
ii) 85 m in continuous length;
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iii) 40 m of continuous building line which means either the same front building line of two or
more adjacent units, or the front building lines of two or more adjacent units that are not offset
by more than one metre from each other.
b) no front wall of row or town house is placed, erected altered so that any part of such wall is closer
to
i) the front wall of another row or town house than 21m, or
ii) the side wall of another row or town house than 7 m
c) no side wall of a row or town house is placed, erected or altered so that any part of such wall is
closer to a side wall of another row or town house than 7.5 m;
d) no rear wall of a row or town house is placed, erected or altered so that any part of such wall is
closer to
i) the rear wall of another row or town house than 15 m
ii) the side wall of another row or town house than 7.5 m
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8.3 MEDIUM DENSITY RESIDENTIAL (R3) ZONE
The intent of this zone is to permit more moderate and contextually appropriate density throughout the
Town. Low-density residential housing types are permitted through conditional approval to ensure
flexibility in the development process. Areas in the R3 zone are typically evolving towards or are adjacent
to mixed use areas and are generally close to amenities like sidewalks, trails, and commercial areas.
8.3.1 PERMITTED USES
Any land, building or structure in the Medium Density Residential Zone may be used for the purpose of:
(a) Row or townhouse dwelling
(b) Multiple dwelling
(c) Boarding or Rooming House, subject to 5.4
(d) Garden suite, subject to section 5.8
(e) Home Occupation, subject to 5.9
(f) Secondary suite, subject to section 5.18
8.3.2 CONDITIONAL USES
The following uses may be permitted, subject to Planning Advisory Committee approval, and such terms
and conditions as determined by the Planning Advisory Committee:
(a) Bed and Breakfast, subject to Section 5.3
(b) Boarding or Rooming House, subject to 5.4
(c) Day Care Centre, subject to 5.6
(d) Group Home
(e) Keeping of chickens, subject to Section 5.12
(a) Neighbourhood Day Care, subject to Section 5.6
(b) Semi-detached or Two-unit dwelling
(f) One-unit Dwelling
(g) Supportive Facility with a maximum of 12 beds, subject to Section 5.19
8.3.3 ZONE STANDARDS
(a) Where approved by the Planning Advisory Committee, One-unit, Two-unit, and Semi-
Detached Dwellings shall be subject to the appropriate standards presented in section 8.2.3
of the R2 zone.
(b) In addition to the standards presented in subsection (c), Row and Town House Dwellings are
subject to the standards described in section 8.2.4, Standards for Row and Town Houses.
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(c)
Multiple Dwelling
Row or Townhouse
Minimum lot area
Serviced lot, the greater of:
690 m2 or
For each unit having 3 or
more bedrooms: 80 m2
For each unit having 2
bedrooms: 60 m2
For each one bedroom or
studio unit: 50 m2
Unserviced lot: 8,050 m2
For each dwelling unit therein,
serviced lot: 185 m2
For each dwelling unit therein,
unserviced lot: 1,345 m2
Minimum lot frontage
Serviced lot: 22 m
Unserviced lot: 68 m
For each dwelling unit therein,
serviced lot: 6 m
For each dwelling unit therein,
unserviced lot: 10 m
Minimum lot depth
30 m
Minimum front /
flankage yard
5m
Minimum rear yard
5 m
Minimum side yard
3 m
2 m
Maximum Height
12 m
Maximum lot coverage
50%
Other Requirements
In accordance with Sections 4 -8 of this By-law
8.3.4 SPECIAL PARKING CONSIDERATIONS IN THE R3 ZONE
Where an R3 zone abuts an R1 or R2 zone, no portion of any parking space shall be located within any
required side or rear yard except where a fence or other visual and physical barrier is provided in which
case no portion of any parking space shall be located within 1.5 m of the side or rear lot line.
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8.4 RURAL RESIDENTIAL (RR) ZONE
The Rural Residential (RR) zone is applied to unserviced residential development that is typically located
on larger lots in rural areas. The RR zone encourages the continuation of rural character through
permissive development guidelines that accommodate a variety of land uses that are typical of a rural
area. Increased flexibility for multiple uses on a lot, including provisions for hobby farming, home industry,
and additional main dwelling units are provided in this zone.
8.4.1 PERMITTED USES
Any land, building or structure in the Rural Residential Zone may be used for the purposes of one or more
of the following uses:
a) a One-unit dwelling
b) a Two-unit dwelling
c) a boarding of rooming house, subject to section 5.4
d) a home occupation subject to section 5.9
e) a home industry, subject to section 5.11
f) a garden suite, subject to section 5.8
g) a secondary suite, subject to section 5.18
h) the keeping of chickens, subject to section 5.12
i) a livestock facility, subject to section 5.15
j) a hobby farm, subject to section 5.10
k) a supportive facility, subject to 5.19
l) a tourism establishment
m) a place of worship
8.4.2 CONDITIONAL USES
One or more of the following uses may be permitted, subject to Planning Advisory Committee approval,
and such terms and conditions as determined by the Planning Advisory Committee:
a) a day care centre, subject to section 5.6
b) a multiple dwelling
c) a townhouse or rowhouse dwellings
d) a hunting camp or recreation camp
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e) an agricultural use
f) a sawmill
g) a contractors yard
h) a forestry use
i) a business office
j) a medical clinic
k) a retail use
l) a restaurant
m) a kennel
n) an automotive repair shop
o) a personal service
8.4.3 ZONE STANDARDS
a) Where approved by the Planning Advisory Committee, Townhouse, Rowhouses, and Multiple
dwellings shall be subject to the appropriate standards presented in Section 8.2 of the R2 zone.
Minimum lot area
Unserviced lot: 4000 m2
Serviced lot: 500 m2
Minimum lot frontage
Unserviced lot: 30m
Serviced lot: 18 m
Minimum lot depth
30 m
Minimum front
7.5 m
Minimum rear yard
6 m
Minimum side yard
3m
Maximum Height
12 m (3 storeys)
Maximum lot
coverage
60%
Other Requirements
In accordance with Sections 4 -8 of this By-law
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8.5 HIGH DENSITY RESIDENTIAL
The R4 zone accommodates increasingly dense multi-unit residential developments. This zone is intended
for lands serviced by municipal infrastructure. These increasingly dense residential uses are typically
positioned near mixed use and commercial areas with easy access to arterial roads, sidewalks, and other
public amenities.
8.5.1 SECONDARY USES
One of the following uses are permitted in association with a dense multi-unit residential development:
a) Home Occupation, subject to section 5.9
b) Laundry facility;
c) Office;
d) Retail Store
8.5.2 CONDITIONAL USES
Any land, building or structure may be used for the purposes of, and for no other purpose than, the
following subject to such terms and conditions as may be imposed by the Planning Advisory Committee:
a) Dwelling, Multiple, subject to section 8.5.3
8.5.3 CONDITIONS OF USE
a) New Multiple Dwellings proposed in the R4 zone will require the developer to enter into a
Developer Agreement with the Town upon the approval of their development proposal by
Council.
b) Multiple Dwellings, where permitted, are subject to the following requirements:
i.
Parking, as required by section 6.2, shall not be located in any required front yard; and
ii.
An amenity area separate and apart from any required landscaped or parking area shall
be provided and contain an area of at least 20 square metres, with no dimension less than
5 metres, plus one additional metre for each dwelling unit.
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8.5.4 ZONE STANDARDS
Minimum lot area
Interior lot: 900 m2
Corner lot: 990 m2
Minimum lot frontage
22 m
Minimum lot depth
30 m
Minimum front yard
3 m
Maximum front yard
9 m
Minimum rear yard
7 m
Minimum side yard
2 m
Minimum flankage
yard
3 m
Maximum Height
18 m
Maximum lot
coverage
50%
Other Requirements
In accordance with Sections 4-5 of this By-law
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8.6 MOBILE HOME PARK (MPH) ZONE
This zone is intended to be used exclusively by mobile home parks. Incidental uses like a sales office are
permitted with other compatible uses conditional permitted through application to the Planning Advisory
Committee. Any new Mobile Home Parks will be subject to a rezoning process.
8.6.1 PERMITTED USES
Any land, building or structure in the Mobile Home Park Zone may be used for the purpose of:
a) Mobile home park
b) A park or playground
c) An accessory building, subject to section 5.1
8.6.2 CONDITIONAL USES
The following uses may be permitted, subject to Planning Advisory Committee approval, and such terms
and conditions as determined by the Planning Advisory Committee:
a) A Home Occupation, subject to section 5.9
b) A neighbourhood day care, subject to section 5.6
c) A mobile or mini home sales lot
d) A convenience store
e) A clothes cleaning business in association with, or on the same lot as a convenience store or sales
office
f) Keeping of Chickens, subject to section 5.12
8.6.3 ZONE STANDARDS
a) Notwithstanding side yard standards, a deck may project up to 3 metres into the required side
yard on the principle entrance side;
b) In the case of a mobile or mini home, the dwelling is required to meet the Canadian Standards
Association's standards for factory-built construction.
c)
Minimum lot area
370 m2
Minimum lot frontage
10 m
Minimum lot depth
30 m
Minimum front /
flankage yard
7 m
Minimum rear yard
1.5 m
Minimum side yard
Side of Principle Entrance: 4m
Other side: 1.5 m
Maximum Height
6 m
Other Requirements
In accordance with section 4-8 of this By-law
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9. COMMERCIAL ZONES
9.1 DOWNTOWN COMMERCIAL CENTRE (DCC) Zone
This zone is associated with Woodstock's Downtown as defined in the Town's Municipal Plan. This is the
cultural hub of the Town and represents great historic significance and defining community character. The
area is targeted for a mix of smaller-scale commercial and residential development with key corridors
along parts of Main, King, and Water Streets, and appropriately connected areas being reserved for
ground floor commercial presence. Residential uses are encouraged to locate above the first floor or
setback from these main corridors to ensure the preservation of the Town's intact Downtown while
allowing space for the community to evolve and grow as market demand changes.
9.1.1 PERMITTED USES
In this zone, any land, building or structures may be used for the purpose of:
a)
Bakery
b)
Bar, Nightclub, or Lounge, subject to section 9.1.5
c)
Building for public assembly or for social, cultural or recreational activities;
d)
Clothes cleaning business
e)
Day Care Centre, subject to section 5.6
f)
Multiple Dwelling or Dwelling Unit, subject to section 9.1.4
g)
Educational or instructional use
h)
Financial institution
i)
Government building
j)
Health and Fitness Facility
k)
Hotel or motel
l)
Medical Office or Clinic
m)
Office or office building
n)
Personal Service
o)
Restaurant
p)
Retail store or service shop
q)
Theatre or other building intended for commercial entertainment
r)
Grocery store
s)
Mobile Vendor
t)
Microbrewery or distillery
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u)
Museum, Gallery, or Library
v)
Dog Groomer
w)
Veterinary Clinic
x)
An accessory building, subject to section 5.1
9.1.2 CONDITIONAL USES
The following uses may only be permitted subject to Planning Advisory Committee approval, and such
terms and conditions as determined by the Planning Advisory Committee:
a)
Bus or other Public Transportation Terminal;
b)
Cannabis Retail Sales;
c)
Cleaning or Drying Establishment;
d)
Commercial Parking Lot
e)
Home Occupation;
f)
Live-work unit
g)
Place of Amusement
h)
Printing Establishment
i)
Rooming House
j)
Funeral Home
k)
Service station or Public Garage
l)
Vehicles Sales Office
9.1.3 ZONE STANDARDS
Minimum lot area
370 m2
Minimum lot frontage
10 m
Minimum lot depth
30 m
Minimum front / flankage yard
3 m
Minimum rear yard
Abutting a Residential Zone: 4 m
All other zones: 1.5
Minimum side yard
1.5 m
Minimum Building Height
2 storeys
Maximum Height
18 m
Maximum Lot Occupancy
80%
Other Requirements
In accordance with section 4-8 of this By-law
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9.1.4 DWELLING UNITS IN THE DCC ZONE
a)
A dwelling unit shall not be located below the second storey of a building within the Downtown
boundary as described in Schedule B, except:
i)
When the unit is part of an existing multiple dwelling or a multiple dwelling permitted
through conditional approval;
ii)
When the unit is outside of the area described in Schedule B of this By-law;
iii)
When the unit is not visible from front or flankage yards of the building and no residential-
type activity can be seen from the active frontages of the building.
b)
In new multiple dwelling developments in the DCC zone, the majority of parking spaces shall be
located to the rear of the building, with the remainder accommodated in the side yard.
c)
Parking areas shall not be permitted in the front yard of a multiple dwelling in the DCC zone.
9.1.5 SPECIAL CONDITIONS FOR THE DCC ZONE
a)
A lot containing a bar, nightclub, or lounge shall not be located within 30 metres of a Residential
zone.
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9.2 GENERAL COMMERCIAL ZONE
This zone is intended to permit the continuance of low intensity commercial uses throughout the Town.
This zone is most appropriate for smaller-scale commercial uses that have little or no traffic impact on the
surrounding area and provide a service to the immediate neighbourhood.
9.2.1 PERMITTED USES
In this zone, any land, building or structures may be used for the purpose of:
a)
Accommodation
b)
Bakery
c)
Building for public assembly or for social, cultural or recreational activities;
d)
Business Office
e)
Clothes cleaning business
f)
Day Care Centre, subject to 5.6
g)
Financial institution
h)
Government building
i)
Health and Fitness Facility
j)
Medical Office or Clinic
k)
Personal Service
l)
Restaurant;
m)
Retail store or service shop
n)
Tourism Establishment
o)
Mobile Vendor
p)
Dog Groomer
q)
Veterinary Clinic
r)
An accessory building, subject to section 5.1
s)
Contractors yard
t)
Self storage facility
u)
Automotive sales
v)
Equipment Sales or Rental Service
w)
A microbrewery or distillery
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9.2.2 CONDITIONAL USES
The following uses may only be permitted subject to Planning Advisory Committee approval, and such
terms and conditions as determined by the Planning Advisory Committee:
a)
Automotive Repair
b)
Car Wash
c)
Cleaning or Drying Establishment;
d)
Dwelling unit, subject to 9.2.4
e)
Printing Establishment
f)
Funeral Home
g)
Service station or Public Garage
h)
Vehicle Sales
i)
Commercial Parking Lot
j)
Supportive Facility, subject to section 5.19
k)
A boarding or rooming house
l)
Cannabis manufacturing facility
m)
Light manufacturing use
n)
Machinery Repair
9.2.3 ZONE STANDARDS
Minimum lot area
450 m2
Minimum lot frontage
15 m
Minimum lot depth
30 m
Minimum front / flankage
yard
3 m
Minimum rear yard
Abutting a Residential Zone: 7 m
All other zones: 3 m
Minimum side yard
3 m
Maximum Height
9m
Maximum Lot Occupancy
70%
Other Requirements
In accordance with section 4-8 of this
By-law
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9.2.4 DWELLING UNITS IN THE GENERAL COMMERCIAL ZONE
a)
A dwelling unit shall not be located below the second storey of a building; and
b)
Shall have its main access separated from the commercial use main access.
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9.3 CORRIDOR COMMERCIAL
This zone is intended to capture the large-scale commercial and regional service style development along
Connell Street. Connell Street is a regional thoroughfare and therefore draws big-box style commercial
development as well as accommodation and entertainment uses. This area is targeted for continued
commercial growth that supports the Town and the Region.
9.3.1 PERMITTED USES
In this zone, any land, building or structures may be used for the purpose of:
a)
Accommodation
b)
Animal Hospital including shelter
c)
Bakery
d)
Banquet Hall
e)
Bar, Lounge, or Nightclub
f)
Building for public assembly or for social, cultural or recreational activities;
g)
Business Office
h)
Car Wash
i)
Clothes cleaning business
j)
Contractor Services
k)
Day Care Centre, subject to 5.6
l)
Distribution Facility
m) Equipment Sales, Rental, and Service
n)
Financial institution
o)
Funeral Home
p)
Government building
q)
Grocery Store
r)
Health and Fitness Facility
s)
Kennel
t)
Medical Office or Clinic
u)
Mobile Vendor
v)
Personal Service
w)
Pet Groomer
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x)
Recycling Centre
y)
Restaurant;
z)
Retail store or service shop
aa) Self-Storage Facility
bb) Vehicle Repair Garage
cc) Vehicle Sales, Rental, and Service
dd) Veterinary Clinic
ee) Warehouse Facility
ff) Microbrewery or distillery
gg) An accessory building, subject to section 5.1
9.3.2 CONDITIONAL USES
The following uses may only be permitted subject to Planning Advisory Committee approval, and such
terms and conditions as determined by the Planning Advisory Committee:
a) Commercial Parking Lot
b) Entertainment Facility
c) Multiple Unit Dwelling
d) Office Building
e) Vehicle Body and Paint Shop
9.3.3 ZONE STANDARDS
Minimum lot area
550 m2
Minimum lot frontage
15 m
Minimum lot depth
30 m
Minimum front / flankage yard
3 m
Minimum rear yard
Abutting a Residential Zone: 7 m
All other zones: 1.5 m
Minimum side yard
Abutting a Residential Zone: 7 m
All other zones: 3 m
Maximum Height
27 m
Maximum Lot Occupancy
70%
Other Requirements
In accordance with section 4-8 of this By-law
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9.3.4 SPECIAL CONDITIONS FOR THE CC ZONE
a)
A lot containing a bar, nightclub, or lounge shall not be located with 30 metres of a Residential
zone.
b)
Outdoor Storage as an accessory, secondary, or incidental use to a main use permitted in
subsection 9.3.1 shall be subject to the following:
i)
Materials shall not be stored in a required front or flankage yard or any area require for
parking;
ii)
The materials shall be obscured from view via a fence, walled structure, berm, or a
combination thereof, having a minimum height of 2 metres;
iii)
Gates to the outdoor storage of materials must constructed in the same manner and
height as the enclosure described in (ii);
c)
A service station permitted in 9.3.1 shall be subject to the following:
i)
The lot where the Service Station is located shall have a minimum area of 950 square
metres and a minimum front of 30 metres;
ii)
Any vehicle access shall not be closer than 20 metres from an access for an Educational
Facility, Community Centre, or Residential zone; and
iii)
A fuel pump island shall not be located closer than 7.5 metres to a front or flankage lot
line.
d)
A vehicle Body and Paint Shop or Vehicle Repair Garage permitted in 9.3.1 or through conditional
approval as described in 9.3.2 shall not be located within 30 metres of a residential dwelling in a
residential zone.
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10. INSTITUTIONAL ZONE
This zone is intended to capture schools, churches, government buildings, medical facilities, and any other
building or use that generally serves the public.
10.1 PERMITTED USES
In this zone, any land, building or structures may be used for the purpose of:
a)
building intended for public assembly or for social, cultural or recreational activities;
b)
Community Centre
c)
Day Care Centre, Subject to 5.6
d)
Educational building;
e)
Hospital or Medical Building
f)
Government or Municipal Building or Depot
g)
Place of Worship
h)
Funeral Home
i)
Cemetery
j)
Mobile Vendor
k)
Recreation Facility
l)
Supportive Facility
m) Accessory building or structure, subject to section 5.1
10.2 ZONE STANDARDS
Minimum lot area
557.42 m2
Minimum lot frontage
18.288 m
Minimum lot depth
30 m
Minimum front / flankage yard
7.62 m
Minimum rear yard
7.62 m
Minimum side yard
7.62 m
Maximum Height
12 m
Maximum lot coverage
Main Building or Structure 50%
Other Requirements
In accordance with section 4-8 of this By-
law
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10.3 SPECIAL CONDITIONS FOR THE INSTITUTIONAL ZONE
a) Spires, belfries, or other subsidiary features associated with a Place of Worship are permitted to
exceed twice the height of the main building.
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11. INDUSTRIAL ZONE
This zone keeps light, lower impact industrial uses reasonably separated from residential and key
commercial areas. These areas generally have easy access to major transportation corridors and limited
connectivity to local roads to ensure the impact of heavy traffic on residential areas is lessened.
11.1 PERMITTED USES
In this zone, any land, building or structures may be used for the purpose of:
a) Bakery;
b) Business Office;
c) Clothes cleaning business;
d) Contractors establishment, including a storage yard;
e) Construction and demolition debris disposal site;
f) Machine shop;
g) Office associated with a use permitted in this section;
h) Brewery, including Microbrewery or Distillery;
i) Light Manufacturing;
j) Mobile Vendor;
k) Equipment Sales, Rental, or Service;
l) Heavy Equipment Manufacturing and Repair, including sales and service;
m) Kennel;
n) Outdoor Storage including a laydown area;
o) Salvage Yard;
p) Sawmill;
q) Trucking and transport depot and warehouse;
r) Vehicle Repair, including body and paint shop;
s) Warehouse or storage establishment; and
t) Accessory building or structure subject to section 5.1
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11.2 ZONE STANDARDS
Minimum lot area
557.42 m2
Minimum lot frontage
18.288 m
Minimum lot depth
30 m
Minimum front / flankage
yard
5 m
Minimum rear yard
7.62 m
Minimum side yard
3.05 m
Maximum Height
12.192 m
Maximum lot coverage
40%
Other Requirements
In accordance with section 4-8 of this By-law
11.3 SPECIAL CONDITIONS FOR THE INDUSTRIAL ZONE
a) All relevant Provincial and Federal Approvals must be obtained with respect to emissions from
any use permitted in section 11.1 previous to the issuance of a permit;
b) No use permitted by section 11.1 shall create obnoxious odors, noxious gases, dust, smoke, or
fumes that can be sensed from outside the operation;
c) No use permitted by section 11.1 shall create obnoxious vibrations from the use or operations.
d) No accessory building or structure in the Industrial zone shall:
i)
exceed two stories or 7.3 m in height;
ii)
be placed, erected or altered so that it is within the front yard of the main building
structure; or
iii)
be placed, erected or altered so that it is within 1.52 m of a side or rear lot line.
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12. OTHER ZONES
12.1 PARKS AND RECREATION (P) ZONE
This zone allows for a variety of public and private recreation uses. Larger recreation uses with high
parking demand and park and open space uses with large land demands are captured in this zone.
12.1.1 PERMITTED USES
In this zone, any land, building or structures may be used for the purpose of:
a) areas of natural or scientific interest
b) cemetery
c) public open space
d) park or playground
e) fitness facility
f) golf course
g) recreational use including a sports facility or field
h) An accessory building, subject to section 5.1
12.1.2 CONDITIONAL USES
The following uses may only be permitted subject to Planning Advisory Committee approval, and such
terms and conditions as determined by the Planning Advisory Committee:
a) Club House associated with 12.1.1(e) and (f)
b) Commercial recreation including travel trailer park and campground
12.1.3 ZONE STANDARDS
Minimum lot area
4000 m2
Minimum lot frontage
54.864 m
Minimum lot depth
38.1 m
Minimum front / flankage yard
7.62 m
Minimum rear yard
7.62 m
Minimum side yard
3m
Maximum Height
12.19 m
Maximum lot coverage
40%
Other Requirements
In accordance with section 4-8 of this By-law
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12.2 ENVIRONMENTAL CONSERVATION (EC) ZONE
This zone limits the impact of human activities on environmentally sensitive lands. Uses in this zone are
generally passive and focus on the preservation of natural or sensitive areas. Areas prone to regular
flooding or experiencing erosion are generally captured in this zone.
12.2.1 PERMITTED USES
a) buffer areas along watercourses
b) areas of natural or scientific interest or significance
c) public open space
d) park or playground
e) well field protection areas
12.2.2 SPECIAL CONSIDERATIONS IN THE EP ZONE
a) Wayfinding signage and commemorative and informational installations are permitted in
accordance with Section 8 of this By-law.
b) Rest areas including benches, picnic tables, and shelters should be sensitively designed to
withstand flooding events and not contribute to localized damage in a storm event.
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12.3 RURAL (RU) ZONE
This zone captures the large swathes of undeveloped lands, as well as the active or dormant agricultural
lands identified throughout the Town. These areas align with the Rural Land Use Designation in the
Municipal Plan which focuses on limiting sprawl into these areas by suburban-type development patterns,
encouraging the established rural character to continue.
12.3.1 PERMITTED USES
a)
agricultural use
b)
Accommodation
c)
business office
d)
contractors yard
e)
day care, subject to section 5.6
f)
stable
g)
livestock facility, subject to section 5.15
h)
One-unit dwelling
i)
Two-unit dwelling
j)
boarding or rooming house dwelling, subject to section 5.4
k)
hunting or recreation camp
l)
supportive housing, subject to section 5.19
m) garden suite, subject to section 5.8
n)
secondary suite, subject to section 5.18
o) group home
p)
pet groomer including doggy day care
q)
home occupation, subject to section 5.9
r)
home industry, subject to section 5.11
s)
personal service
t)
medical clinic
u)
restaurant, except drive thru
v)
retail use
w) topsoil removal operation
x)
forestry use, including sawmill
y)
dwelling unit secondary or incidental to main use
z)
tourism use: camp ground
aa) veterinary service
12.3.2 CONDITIONAL USES
a)
a gravel pit, subject to section 4.15
b)
kennel
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c)
automotive repair shop
d)
clothes cleaning business
e)
self-storage facility
12.3.3 ZONE STANDARDS
Minimum lot area
4050 m2
Minimum lot frontage
54 m
Minimum lot depth
38 m
Minimum front / flankage yard
7 m
Minimum rear yard
7 m
Minimum side yard
For Agricultural Uses: 20 m
For all other uses: 3 m
Maximum Height
12 m
Maximum lot coverage
25%
Other Requirements
In accordance with section 4-8 of this By-law
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12.4 INTEGRATED DEVELOPMENT (ID) ZONE
This zone is reserved to be implemented through the policies of the Municipal Plan. The area will be
analyzed for best and highest use and a development scheme created to maximize the area. Consideration
for the integration of existing uses including the school, existing residential uses, and the day care centre
will continue through this section. Expansion of uses will require a rezoning process.
12.4.1 PERMITTED USES
a) Day Care Centre, subject to section 5.6
b) Dwelling Unit, existing
c) Educational Institution
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SCHEDULE A: ZONING MAP
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SCHEDULE B: DOWNTOWN GROUND FLOOR RESIDENTIAL LIMIT