HomeMy Public PortalAbout125-14 RURAL PLAN (WARD 2)1067 Main Street
Sussex Corner, NB
E4E 3A1
Rural Plan Bylaw # 125-14
Statutory Declaration
TEL. 1 (506) 433-5184
FAX. 1 (506) 433-3785
sussex.corner@ nb.aibn.com
1, Don Smith, Clerk of the Village of Sussex Corner, in the County of Kings and the Province of
New Brunswick, DO SOLEMNLY DECLARE:
1. THAT I am the Clerk of the Village of Sussex Corner, a municipal corporation, and
that 1 am personally acquainted with the facts herein declared;
2. THAT the provisions of Sections 66 and 68 of the Community Planning Act have
been complied with in respect of Bylaw 125-14 entitled Village of Sussex Corner
Rural Plan, enacted by the Village Council of the Village of Sussex Corner on
January 20, 2015.
AND 1 make this statutory declaration believing it to be true to the best of my knowledge and
knowing that it is of the same force and effect as is made under oath and pursuant to the terms of
the Evidence Act.
➢ECLARED BEFORE ME )
At the Village of Sussex Corner, )
In the County of Kings )
And the Province of New Brunswick)
This 10`x' day of February, 2015. )
Comrnissroner of Oaths
./c7a>")d A b G, e To X.
Clerk
1067 Main Street
Sussex Corner, NB
E4E 3A1
TEL. 1 (506) 433-5184
FAX, 1 (506) 433-3785
sussex.corner@nb.aibn.com
I, Don Smith, being the Clerk Treasurer of the Village of Sussex Corner, in the County of
Kings and the Province of New Brunswick, do hereby declare and certify that the
attached copy of the Village of Sussex Corner Rural Plan By-law #125-14 is a true and
exact copy of the original as adopted by the Sussex Corner Village Council on January
20, 2015.
L(
Don Smith
Clerk Treasurer
Village of Sussex Corner
L02
Date
'-Ji 133g7
:Dis-O3--3(
1f:Otl:`fib
CLERK
VILLAGE OF SUSSEX CORNER
BY-LAW # 125-14
VILLAGE OF SUSSEX CORNER RURAL PLAN
The Council of the Village of Sussex Corner, under authority vested in it by Section 27.2 of the
Community Planning Act, enacts as follows:
1. a) A Rural Plan for the physical development and improvement of the Municipality hereby
adopted.
b) The document entitled "Village of Sussex Corner Rural Plan" including the part referred
to as "Zoning Provisions", dated January 20, 2015, attached as Schedule "A", constitutes
the Rural Plan mentioned in subsection a) above.
2. a) Upon enactment of this by-law, the following by-laws and any amendments thereto shall
be repealed:
Bylaw #100-08
Bylaw #105-09
Bylaw #107-09
Bylaw #109-10
Bylaw 4114-11
Bylaw #118-12
Bylaw #121-12
Rural Plan By-law
Amendment to Rural Plan By-law #100-08
Amendment to Rural Plan By-law #100-08
Amendment to Rural Plan By-law # 100-08
Amendment to Rural Plan By-law # 100-08
Amendment to Rural Plan By-law #100-08
Amendment to Rural Plan By-law #100-08
READ A FIRST TIME 2014 11 18
READ A SECOND TIME 2014 11 18
READ A THIRD TIME AND ENACTED 2015 01 20
MAYOR
APPROVED APPROUVt
1rursnanllaS 64 EaappilalioodeOutki•69
Community PIRningAct lot etal'nslMsUpin
for. Mini,terPpour Nib Mialitre
Enrtroamcat end Lood Goverment
Eovironaomcat et Gouveiaesaente laeens
Date
TABLE OF CONTENTS
PART A: TITLE AND AREA DESIGNATION
1.0 TITLE AND AREA DESIGNATION
1.I Title
1.2 Area
1.3 Date of Enforcement
PART B: POLICIES AND PROPOSALS 2
2.0 STATEMENTS OF POLICY AND PROPOSAL 2
2.1 Community Objective 2
2.1.1 General Community Objectives 2
2.1.2 General Development Policies 2
2.2 Residential Development 2
2.2.1 Residential Development Objectives 3
2.2.2 Residential Development Policies and Proposals 4
2.3 Commercial Development 4
2.3.1 Commercial Development Objectives 4
2.3.2 Commercial Development Policies and Proposals 4
2.4 Community Recreation and Leisure Development 5
2.4.1 Community Recreation and Leisure Development Objectives 6
2.4.2 Recreation and Leisure Policies / Proposals 6
2,5 Environment and Conservation 6
2.5.1 Environment and Conservation Objectives 6
2.5.2 Environment and Conservation Policies/ Proposals 7
2.6 Institutional Development 7
2.6.1 Institutional Development Objectives 7
2.6.2 Institutional Development Policies and Proposals 8
2.7 Industrial Development 8
2.7.1 Industrial Development Objectives 8
2.7.2 Industrial Development Policies/Proposals 8
2.8 Transportation
2.8.1 Transportation Objectives 8
2.8.2 Transportation Policies/Proposals 9
2.9 Rural Resources Development 9
2.9.1 Rural Resources Objective 9
2.9.2 Rural Resources Policies/ Proposals 9
2.10 Municipal Services 9
2.10.1 Municipal Services Objectives 9
2.10.2 Municipal Services Policies/Proposals 9
2,11 Heritage Buildings and Sites of Historic/Archaeological Interest 10
PART E: ZONING PROVISIONS
3.0 DEFINITIONS
11
II
4.0 ADMINISTRATION AND CLASSIFICATION 22
4.1 Purpose 22
4.2 General 22
4.3 Building/Development Permits and Exemptions 22
4.4 Temporary Uses 22
4.5 Setting of Terms and Conditions on Development 23
4.6 Powers of Council 23
4.7 Powers of the Regional Service Commission 23
4.8 Amendments 23
4.9 Fees 23
4.10 Non -Conforming Uses 24
4.11 Licenses, Permits, and Compliance with other By-laws 24
4.12 Rural Plan Review 24
4.13 Zone Classification 24
4.14 Boundaries of Zones 25
5.0 GENERAL PROVISIONS 26
5.1 Sewage Disposal and Water Systems 26
5.2 One Main Building on a Lot 26
5.3 Existing Undersized Lots 26
5.4 Existing Buildings 26
5.5 Vehicle Bodies 26
5.6 Height Restrictions 26
5.7 Development Near a Watercourse or Wetland 27
5.8 Development in Protected Wellfleld Areas 27
5.9 Stripping of Topsoil 27
5.10 Line of Vision at hntersection 27
5.11 Loading Space Requirements 27
5.12 Parking Requirements 27
5.13 Parking Multiple Use of Site 29
5.14 Parking Lots - Standards 29
5.15 Parking of Commercial Vehicles 29
5.16 Fences 29
5.17 Multiple Uses 29
5.18 Limitations on Hazardous Liquids and Substances 29
5.19 Disclaimer of Liability Regarding Flooding 30
5.20 Alteration or Modification of Village Property 30
5.21 Portable Garages 30
5.22 Zoning Amendment Applications 30
5.23 Sign Permits 30
5.24 Signs Permitted in all Zones 30
5.25 Signs Prohibited in all Zones 30
5.26 Sign Provisions for Specific Zones 31
5.26.1 Commercial or Industrial Zone 31
5.26.2 Institutional Zone 31
5.26.3 Rural Zone 31
5.26.4 Park -Recreation Zone or Environmental Conservation Zone 31
5.27 Illunninationn of Signs 33
5.28 Non -Conforming Signs 33
5.29 Abandoned and Unlawful Signs 33
5.30 Number of Signs 33
6.0 RESIDENTIAL 34
6.1 Provisions for all Residential Zones 34
6.1.1 Home Occupation 34
6.1.2 Neighbourhood Daycare Centre 34
6.1.3 Accessory Apartment 34
6.1.4 Swimming Pools 34
6.1.5 Bed & Breakfast 35
6.2 R -I (One Unit Dwelling) Zone 3.5
6.2.1 Permitted Uses 35
6.2.2 Development Standards 36
6.2.3 Accessory Buildings and Structures 36
6.3 RI -1 (One Unit Dwelling -1) Zone 36
6.3. Permitted Uses 36
6.3.2 Development Standards i6
6.3.3 Landscaping 37
6.4 R-2 (One Unit, Two Unit Dwelling) Zone 37
6.4.1 Permitted Uses 37
6.4.2 Development Standards 37
6.4.3 Accessory Buildings and Structures 38
6.5 R-3 (One Unit, Two Unit, Multiple Unit) Zone 38
6.5.1 Permitted Uses 38
6.5.2 Development Standards 39
6.5.3 Accessory Buildings and Standards 39
6.5.4 Screening of Multiple Unit Dwellings 40
6.6 R-4 (Residential Mixed Density) Zone 40
6.6.1 Permitted Uses 40
6.6.2 Development Standards 40
6.6.3 Accessory Buildings and Structures 41
6.6.4 Three -Unit Freehold Dwelling 41
6.6.5 Four -Unit Freehold Dwelling 41
6,7 RM (Mini Home Park) Zone 41
6.7.1 Permitted Uses 41
6.7.2 Screening of Mini -Home Parks 42
6.7,3 Development Standards 42
6.7.4 Accessory Buildings and Structures 42
6.7.5 Responsibility for Services 42
7.0 COMMERCIAL. 43
7.1 Provisions for all Commercial Zones 43
7.1.1 Illumination 43
7.1.2 Screening of Commercial Uses 43
7.2 NC (Neighbourhood Commercial) Zone 43
7.2.1 Permitted Uses 43
7,2.2 Development Standards 43
7.2.3 Accessory Buildings and Structures 43
7.3 CC (Central Commercial) Zone 44
7.3.1 Permitted Uses 44
7.3.2 Development Standards 45
7.3.3 Accessory Buildings and Structures 45
7.4 NC -1 (Neighbourhood Commercial -1) Zone 45
7.4.I Permitted Uses 45
7.4.2 Development Standards 45
7.4.3 Accessory Buildings and Structures 46
8.0 INDUSTRIAL 47
8.1 Provisions for all Industrial Zones 47
8.1.1 Limitations on Hazardous Liquids and Substances 47
8.1.2 Number of Main Buildings on a Lot 47
8.1.3 Landscaping 47
8.1.4 Outdoor Storage 47
8.1.5 Screening of Industrial Uses 47
8,2 CLI (Commercial/Light Industrial) Zone 47
8.2.1 Permitted Uses 47
8,2.2 Development Standards 48
8.2.3 Accessory Buildings and Structures 48
8.3 CLI-1 (Commercial/Light Industrial -1) Zone 48
8.4 GI (General Industrial) Zone 48
8.4.1 Permitted Uses 49
8.4.2 Development Standards 49
8.4.3 Accessory Buildings and Structures 49
9.0 INSTITUTIONAL
50
9.1 1N (Institutional) Zone 50
9.1.1 Permitted Uses 50
9.1,2 Development Standards 50
9.1.3 Accessory Buildings and Structures 50
10.0 PARK AND RECREATION 51
10.1 P -R (Park and Recreation) Zone 51
10,1.1 Permitted Uses 51
10.1.2 Development Standards 51
10.1.3 Accessory Buildings and Structures S1
11.0 ENVIRONMENTAL CONSERVATION 52
1 1 .1 EC (Environmental Conservation) Zone 52
1 1 .1.1 Permitted Uses 52
11.1.2 Accessory Buildings and Structures 52
11.1.3 Watercourse and Wetland Buffer Area 52
11.1.4 Existing Buildings 52
12.0 RURAL AREA 54
12.1 RA (Rural Area) Zone 54
12_.1,1 Permitted Uses 54
12.1.2 Development Standards 54
12,1.3 Accessory Buildings and Structures 54
12.1.4 Home Occupation 55
12,1.5 Existing Dwelling 55
13.0 FLOOD RISK AREA
56
13. I FW (Floodway) Zone 56
13.1.1 Permitted Uses 56
13.1.2 Development Standards 56
13.1.3 Existing Buildings and Structures 56
14.0 WI LLFIELD PROTECTED AREA 57
14.1 W1 (Wellfield Protected Area) Zone 57
14.1.1 Permitted Uses 57
PART A: TITLE AND AREA DESIGNATION
1.0 TITLE AND AREA DESIGNATION
1.1 Title
The Village of Sussex Collier (hereinto referred 10 as "Sussex Corner), under Section 27.2 of the Cornnnnrnity.
Planning Act, hereby adopts as a bylaw the Village of Sussex Corner Rural Plan By-law 125-14. This bylaw herby
repeals Bylaw #100-08; Bylaw #105-09; Bylaw #107-09; Bylaw #109-10; Bylaw #114-11; Bylaw #118-12; and
Bylaw #121-12.
1.2 Area
The area of land outlined on the map attached as Schedule A, entitled "Village of Sussex Corner Zoning", lying
within the territorial limits of Sussex Corner, is designated for the purposes of the adoption of this Rural Plan and
is the area to which this Rural Plan applies. The territorial limits of Sussex Corner are described by section 111(2)
of Regulation 85-6, consolidated to August 18, 2014, under the Municipalities Act.
1.3 Date of Enforcement
This Regulation comes into effect on the date it was registered by the Kings County Registry Office New
Brunswick
1
Part B; POLICIES AND PROPOSALS
2.0 STATEMENTS OF POLICY AND PROPOSAL
A policy is a statement reflecting community objectives and outlining a means to achieve them. Policies are the
foundation of the Rural Plan. All other components of the Rural Plan, including the zoning and development
standards, as well as any amendments thereto, are to conform to the intent of these policies, Proposals are actions
that arc desirable, but not essential to meeting the objectives of the Rural Plan, While Sussex Corner is not
required to undertake any stated Proposal, measures cannot be enacted that are contrary to a Proposal outlined in
the Rural Plan.
The following section provides objectives for future development and the required policies and proposals to
achieve these development objectives.
2.1 Comm11mtnnity Objectives
These policies form the basis for evaluating future development in the community and shall be referred to in order
to determine the compliance of future development with the overall objectives of the community.
2.1.1 General Community Objectives
1t shall be the objective of Council;
• To encourage the development of safe, appealing, efficient and high quality residential neighbourhoods;
• To maintain an appropriate balance of ]and uses;
• `l'0 minimize land use conflicts_
• To encourage the efficient use of municipal infrastructure;.
• To build upon Sussex C'orner's physical, man-made and economic attributes;
• To ensure that Sussex Corner progresses as an urban entity and prospers economically, socially, and
environmentally;
• To restrict future development in those areas within the 1 in 20 year flood risk zone; and,
• To protect the potable water supply by implementing appropriate wellfield protection measures.
2.1.2 General Development Policies
GDP -1 It is the policy of Council to require the developer to assume sole responsibility , far providing
infrastructure services t0 new developrriennt.
GDP -2 It is the policy of Council to restrict new development from occurring in those areas within the 1 in 20
year, flood risk zone.
GDP -3 It is the policy of Council t0 implement appropriate regulatory measures to protect the potable water
supply of Sussex Corner.
2.2 Residential Development
Sussex Corner contains a mixture of housing types varying from relatively new single -fancily units to older, large,
Victorian style homes.
Typical of a smaller, rural -based community, Sussex Corner's housing is comprised primarily of single-family
dwellings with a limited number of two or more family units within one dwelling. Future development of
additional multi -family dwellings is possible and should be evaluated based 011 changing needs of the community.
While residential areas should be developed for predominantly residential purposes, other compatible uses that
enhance and contribute to neighbourhoods should be permitted.
Within Sussex Corner there are essentially three areas identified for future residential development. Most of the
new residential development that will take place will be low density in the form of single unit, dwellings. Changes
in population structure and personal choice may result in increased demand for alternative forms of housing, such
as duplex, semi-detached, row house, cluster development and apartments. Council should consider such
alternative forms of development provided the proposed site and location are appropriate.
Future residential development should be directed to those areas of Sussex Corner where municipal services, such
as water and sewer, are available. The areas identified for future development contain more than enough space to
accommodate the anticipated demand for new housing for years to come. The areas are as follows:
(i) The interior areas bounded by Harding Avenue, Trout Creek, the village boundary, and Main Street. In
keeping with the policies of this Rural Plan, no new residential development is permitted to locate in the 1
in 20 year flood risk zone.
(ii) The interior area bounded by Post Road, Cougle Road and Trout Creek.
(iii) The interior area bounded by Post Road, Trout Creek, and the village boundary.
2.2,1 Residential Development Objectives
It shall be an objective of Council:
• To maintain the integrity of existing neighbourhoods and to protect them from encroachment of incompatible
uses;
• To ensure the appropriate location of housing which projects an aesthetically pleasing image and is of
consistent neighbourhood character;
• To minimize costs by limiting new residential development to areas that are serviced by trunk sewer and
water lines;
• To minimize the risk of property damage due to catastrophic events such as floods by encouraging new
residential development to take place outside areas such as flood plains and wetlands;
• To encourage, where appropriate, a diversity of housing types; and,
• To encourage the preservation of natural forest and vegetation where possible and to blend natural features
with the built form of new developments.
2.2.2 Residential Development Policies / Proposals
RDP-1 It is the policy of Council to designate sufficient residential lurid to accommodate projected housing
needs.
RDP-2 It is the policy of Council to permit lan, medium, and high density' housing
RDP-3 It is the polio} of Council to restrict future residential development to those areas which are serviced
by the municipal water and sewer Systems.
RDP-4 It is the policy of Council to prohibit further residential development in the 1 in 20 yew- flood risk zone
by designating that area as Floodwuy.
Hoene Occupations
Hoene occupations have become a reality, if not a necessity, in most municipalities, Municipalities must balance
the needs of some residents to operate a business out of their homes with the rights of others to enjoy their homes
and uphold properly values. This is particularly true in Sussex Corner where many residents operate small
businesses out of their homes. Permitting such operations, provided the impact on adjacent property Owners is
minimal, adds to the economic base of the community.
RDP-5 It is the Palle)' of Council to permit home occupations associated with mini -homes and single unit, tn'o
unit, and two unit freehold dwellings to occur in a way that minunizes impact to the neighbourhood.
Accessory Apartments
Single unit dwellings often contain an accessory apartment. This type of development should only be permitted in
a single unit dwelling on a lot capable of accommodating additional demands for parking.
RDP-6 It is the policy of Council to provide for' accessory apartments in a single unit dwelling
Infill Development
An effective way of achieving growth and increasing density without any significant cost to the municipality is to
intensify development in areas that are serviced but have excess capacity or where municipal services are under-
utilized. These types of developments are generally referred to as infill lots. The intention of this initiative is to
accommodate development in areas where amenities such as community facilities, services, access to parks, and
open space exis€. The rural plan does not designate specific areas for this form of development, but it does provide
the necessary policy guidance to encourage this form of efficient use of existing services throughout the
municipality.
RDP-7 It is the policy of Council that irrfi l development will be encouraged in those areas of'Sussex Corner
where servicing capacity is available, amenities are available and the Mt is of sufficient size t0
accommodate the proposed use.
Conservation Subdivision Design
Conservation subdivision design should be encouraged in order to reduce the size of the development footprint
and increase the amount of open space, particularly in the Protected \Vellfield Area. Smaller lot sizes would be
permitted as a trade-off for an area of land being designated as open space. This open space would be in addition
to the 10% of land to be set aside as land for public purposes required for any subdivision. The extra open space
would help to protect the groundwater supply and would help to facilitate appropriate stormwater management.
RDP-8 It is the policy of Council to encourage developers to consider applying conservation subdivision
design.
Variety of Housing
Changes in population structure, income levels and living styles play an important role in the type of housing
needed in a community. In order to satisfy these changing needs, a community trust be flexible and open to
alternative forms of housing,
RDP-9 h is the policy of Council to encourage the provision of a variety of housing types and densities in
order to meet the changing needs of the population.
2.3 Commercial Development
Existing commercial development in Sussex Corner is substantially Jess than the population level would normally
support. This is likely due to the proximity of Sussex Cornet- to the Town of Sussex and the large amount of
commercial development in Sussex. The existing commercial development in Sussex Corner is located along
Main Street.
2.3.1 Commercial Development Objectives
11 shall be an objective ofCouncil:
• To encourage the development of high quality, low scale commercial developments such as professional
offices, retail shops, personal services, and cottage and craft type operations,
• To ensure that commercial development does not negatively impact on residential neighbourhoods; and
• To allow some low scale commercial developments to have a residential component,
2.3,2 Commercial Development Policies/Proposals
CDP-1 It is the policy of Council to provide for two commercial land use categories: Neighbourhood
Commercial and Central Comrne retal.
4
Neighbourhood Commercial
Neighbourhood commercial activities are relatively small-scale businesses that serve the daily needs of local
residents and do not generate large volumes of traffic. Neighbourhood commercial uses generally include
activities such as convenience stores and personal service shops. A zoning amendment will be required to permit a
neighbourhood commercial use. At such time, terms and conditions can be placed on the request to ensure that
control is maintained over signage, parking and landscaping/buffering.
CDP-2 It /s the policy of Council that neighbourhood commercial uses would he considered in residential
areas.
CDP-3 It is the policy of Council to crllory a secondary residential use in cr neighbourhood commercial
building.
Central Commercial
Low scale, high quality, diversified and compatible development should be promoted in the area fronting on Main
Street. The Village should co-operate with the business community to improve the central area of Sussex Corner
in order to make it the focal point of the village and the dominant commercial area.
CDP-4 It is the policy of Council to direct tow scale commercial development to the central area of Sussex
Corner on those lots fronting on ]hail Street
CDP-5 It is the policy of Council to allow a secondary residential use in a central commercial building.
Commercial Signage, Landscaping and Buffering
Buffer planting which includes provisions for grass strips and appropriate trees and shrubs should be provided
between a commercial use and adjacent residential and institutional uses. The purpose of such buffering is to
reduce any negative impacts on the abutting residential and institutional uses.
CDP-G It is the policy of Council that commercial buildings and lighting or signs he of high quality in order
to create an attractive appearance and minimize distractions to adjoining residential and institutional
areas.
CDP-7 It is the police of Council that buffer planting, such as grass strips and/or appropriate trees and
shrubs, between a commercial use and adjacent residential and commercial uses shall he provided.
2.4 Community Recreation and Leisure Development
Future facilities and amenities must be flexible enough to accommodate a variety ofactivities. `]'here is a need for
relatively large open spaces which are clearly defined (such as parks and playing fields) as well as green space
corridors which link together to form a recreational/open space network. Changes in the population structure will
result in demands for new recreational facilities and programs.
A continuous green space system that incorporates the flood plain and other sensitive areas into its design would
provide an additional advantage by affording a measure of environmental protection to such areas.
The community should strive to have two types of parks: community parks and neighbourhood parks
Community parks consist of green spaces that are designed to serve the entire population. Community parks are a
combination of active areas and passive areas, The active elements of a community park can include athletic
fields, arenas, etc, The passive elements can include picnic areas, walking or hiking trails. Community parks are
often associated with unique physical characteristics or an area of historical significance upon which a theme may
be developed, These parks require good access and good exposure, In Sussex Corner, the park located adjacent to
the elementary school serves as a community park.
Neighbourhood parks are parklands that arc designed to service areas within a O. kilometre radius.
Neighbourhood parks are normally located close to or within residential areas and include landscaped areas_ play
5
areas, play equipment, and occasionally hard surfaces. The parks located in Cunningham Subdivision and Skyline
Subdivision are examples of neighbourhood parks.
2.4.1 Community Recreation and Leisure Development Objectives
It shall be an objective of Council:
• To ensure the provision, improvement and expansion of recreation and community areas, facilities and
services; for residents of all ages that are considered appropriate to the maintenance and preservation of
healthy neighbourhoods; and
• To provide linked recreation and leisure green space along watercourses at the neighbourhood and
community scale of development, and to ensure that the array of amenities, size of development and distance
between recreation sites reflects this hierarchal structure.
2.4.2 Recreation and Leisure Development Policies / Proposals
RLDP-I It is the policy of Council to ensure that existing community facilities owned by the Village are
maintained and upgraded, ;Mere appropriate.
RLDP-2 It is the policy of Council to frrc'ilitate the development of recreational activities and public open
s'pac'e (both active and passive),for the enjoyment of the people living in the community.
RLDP- 3 It is the policy of Council to continue to co-operate with Province in order to provide recreational
opportunities on land owned by the Province.
RLDP- 4 It is proposed that Council wilt continue to co-operate with local service or runizations, vohinteer
groups, churches, and individuals to maintain and upgrade recreational facilities.
RLDP-5 It is the policy of Council to develop and maintain, in conjunction -with the various stakeholders, a
trail system which will inemporate the flood plain and other sensitive areas, and will connect
recreation and community facilities with residential areas.
RLDP-6 It is proposed that Council will cooperate with organizations in the siu'rounding areas to promote
recreation activities and programs.
RLDP-7 It is proposed that Council will encourage that all portions of the municipality are adequately, served
by quality park and recreational facilities
RLDP-8 It is proposed that Council will encourage opportunities for active reaction and healthy living
2.5 Environment and Conservation
Residents and visitors to Sussex Corner benefit from the rural character and physical environment of the village.
Generous amounts of open space and agricultural land add to the quality of life. Sussex Corner cun'ently obtains
its entire water supply horn three wells. As well, a portion of Sussex Corner is susceptible to flooding and large
areas of residential development are located within the 1 in 20 year flood risk zone. There are several
watercourses such as Trout Creek and Parsons Brook, which serve as important components of the natural
drainage pattern. These watercourses require a level of protection from inappropriate forms of development.
2.5,1 Environment and Conservation Objectives
11 shall be an objective ofCOW] cil:
• To protect the quality and quantity of both the surface and ground water supply:
• To enhance and protect the quality and quantity of Sussex Corner's natural features such as watercourses,
wetlands, steep slopes, wildlife habitat, wooded areas and the local heritage:
• To protect flood prone areas from inappropriate forms of development;
6
• To protect buildings and sites of heritage significance and of archaeological interest:, and
• To enhance the environmental and aesthetic qualities of the community.
2.5.2 Environment and Conservation Policies / Proposals
According to Section 34(3) (a) (v) of the Convrarnril , Planning Act, a municipality may establish setbacks for the
placement, location and arrangement of buildings and structures from rivers, streams or other bodies of water.
ECDP-1 It is a policy that ciJl development within 30 metres (100 ft) of a wetland or watercourse recognized
under the Clean Water Act must acquire a ►i?utercourse and Wetland Alteration Permit.
Residents of Sussex Corner rely on groundwater for their source of potable water. It is imperative for the future
wellbeing of the municipality that this resource be protected from uses that may result in contamination.
ECDP-2 It is a proposal of Council to encourage development to conform to the requirements of the Ji'ell field
Protected Designation Order, under the Clean Water Ad.
Large portions of Sussex Corner remain in their natural state, either in the form of wooded areas or open fields.
Some of these areas are used for various forms of agricultural activities.
ECDP-3 It is the policy of Council to protect the natural areas of Sussex Caner from inappropriate firms of
development and the encroachment of incompatible uses.
Steep slopes are susceptible to erosion and excessive runoff which can be detrimental to the environment as well
as a threat 16 human safety. It is important to keep these slopes vegetated and free of development to minimize
detrimental consequences.
ECDP-4 It is the policy of Council to protect areas that are environmentally sensitive or hazardous fir
development due to steep slope.
Portions of Sussex Corner are subject to localized flooding. This can pose a serious constraint to future
development. Structural development shall not be permitted in the 1 in 20 year flood risk zone.
ECDP-5 It is the policy of Council to restrict further development in the I in 20 year flood risk zone.
There are areas within Sussex Corner with underlying limestone/gypsum/anhydrite geology. These geologic
formations are potentially susceptible to instability caused by the erosive effects of underground water flow.
ECDP-6 It is a proposal of Council to undertake a .study to determine areas within the Village that may he
susceptible to geological instability.
2.6 'institutional Development
Further institutional development in Sussex Corner is acceptable if future locations are selected with care. For
example, institutional uses should not be situated on streets not designated for high traffic volumes.
Many government departments and agencies become involved in the location decisions regarding public
institutions. Thus.. it is difficult to pre -determine specific- sites that would meet the many criteria used for location
and funding considerations. As a matter of principle, these facilities are normally best located close to the majority
of the population or near other institutional uses where there is a functional or operational relationship.
2.6.1 Institutional Development Objectives
It shall be an objective of Council:
7
• To encourage the further development of institutional uses in areas which are capable of supporting the
activity with as little disruption as possible to adjacent land uses, the street network and municipal services;
and
• To facilitate the development of additional institutional development and ancillary uses in locations close to
existing institutions, and on major arterial streets.
2.6.2 Institutional Development Policies / Proposals
IDP-1 It is a policy to recognize the importance of institutional land uses for community services, heritage
preservation, sense of community, and quality of life.
IDP-2 It is the policy of -Council that institutional buildings and lighting or signs be of high quality in order
to create an attractive appearance and minimize distraction to adjoiinig residential areas.
IDP-3 It is proposed that colt institutional development incorporate adequate off-streetparking facilities and
that access/egress points to such parking he limited in number and designed in a manner that
minimizes danger to both vehicular and pedestrian truffi"c.
2.7 Industrial Development
Mining and agriculture are very important industries in the Sussex Corner area. Further development of these
industries may trigger the growth of related Service industries. To capture some of the spin-off benefits from the
growth of these activities, Sussex Comer should encourage industrial growth in designated areas.
2.7.1 Industrial Development Objectives
It shall be an objective ofCouncil:
• To permit those industries which are environmentally friendly to the greatest extent possible; and
• To encourage and promote new industrial development activities to locate in designated areas.
2.7.2 Industrial Development Policies / Proposals
INDP-I It is the polio' of Council to designate industrial land and identif}' lands in the village which inay be
considered for fitture industrial use.
INDP-2 It is the policy of Council that buffer plantings, such as grass strips and/or appropriate trees and
shrugs shall be required between properties.
INDP-3 It is the policy of Council that industrial buildings and lighting or signs be of high quality, in order
to create an attractive appearance and minimize distraction to adjoining areas.
INDP-4 It is proposed that industrial activities have adequate o ff-sheet parking .facilities. Access/egress
points to such parking shall he limited in dumber and designed in cl manner that minimizes danger
to both vehicular and pedestrian traffic. Adequate off-street loading; and unloading facilities,
sufficient in area to accommodate delivery vehicle/trucks within the perimeter of industrial
properties should he provided
2.8 Transportation
Sussex Corner is ideally located adjacent to Route 1 and within 100 kilometres of Saint John and Moncton,
Arterial and collector streets through Sussex Corner adequately distribute traffic.
2,8.1 Transportation Objectives
It shall be an objective of Council:
• To adequately connect Sussex Collier to other major centres v=ia the Provincial Highway system:
• To ensure the provision of a transportation network which emphasizes safe, convenient and efficient
pedestrian and vehicular circulation:
• To maximize accessibility between residential, commercial and community amenities and facilities;
• To minimize through -traffic in residential neighbourhoods;
• To ensure adequate provision of off-street parking facilities; and
• To facilitate solutions to the special transportation needs of seniors and the disabled.
2.8.2 Transportation Policies / Proposals
TP-1 It is the policy of Council to proride a safe and efficient road network
TP-2 It is the policy of Council that all municipal streets within Sussex Corner are constructed to cortform
to Village standards.
TP-3 It is the policy cif council to co-operate with the Province and the Town of Sussex on transportation
issues of regional significance.
2.9 Rural Resources Development
There are some areas within the village limits that are not expected to be developed within the near future and
may be used for rural uses for some time to come. Unserviced development should be limited in these areas,
2.9.1 Rural Resources Development Objectives
It shall be an objective of Council:
• To foster resource industries by recognizing the economic importance of rural resources, including forestry
and agriculture, and support the sustainable use and management of these resources.
2.9.2 Rural Resources Development Policies/Proposals
RRDP-1 It is a polio' to recognize the economic mrportance of resource industries, including forestry,
agriculture, outdoor recreation and to promote and support the sustainable use and management of
these resources.
RRDP-2 It is the polio' of Council to facilitate existing agricultural and forestry activities that contribute to
the local economy and the integrity of the environment.
RRDP-3 It is proposed to encourage landowners to preserve forested areas nit their properties.
2.10 Municipal Services
2.10.1 Municipal Services Objectives
It shall be an objective of Council:
• To ensure the provision and maintenance of a high standard of municipal services and infrastructure; and
• To encourage the expansion of services and extension of infrastructure that Sussex Corner can afford
construct, operate and maintain.
to
2.10.2 Municipal Services Policies / Proposals
I1'SP-1 It is the policy of Council to maintain the existing level of municipal services and upgrade these
services as demand warrants and resources permit.
11ISP-2 It is the policy of Council to prohibit unservired development n'ithin those areas of Sussex Corner
which are readily serviceable from the nnnrieipul water and sewer ,Spstettrs.
9
2.11 Heritage Buildings and Sites of historical or Archeological Interest
Increasingly, communities are becoming more interested and concerned about the protection of historical and
cultural resources rvithin their community. In many instances, communities are not aware of or do riot appreciate
the historical and cultural significance of areas or buildings until various forces threaten then. An inventory of
these resources is usually required if the community is to be proactive in the protection and enhancement of its
cultural, archaeological and historical assets. Part of the charm of Sussex Corner is the presence of beautiful older
homes that provide a glimpse into the past of the village and its people.
HIST-I It is the policy of the Village to encourage the conservation and enhancement of those buildings and
sites having historic or archaeological merit.
HIST-I It is a policy to encourage the preservation of historic sites and buildings:
HIST-1 llt is a policy to encourage the preservation of the Village's valuable heritage resources through
cooperation with the Provincial and Federal governments, as well as nogg -governmental 1,er•itage
organizations.
HIST-2 It is proposed that the Village undertake a registry of sites or areas of archaeological or historic
interest and buildings/structures of architectural or historic interest.
HIST-3 It is proposed that adequate measures of protection be put in place for sites, buildings, or struc.•tures
of'histor•ical or archaeological interest.
I0
Part C: ZONING PROVISIONS
3.0 DEFINITIONS
(1) In this Rural Plan the word "shall" is mandatory and not permissive, Words used in the present tense shall include
the future; words used in the singular number include the plural and words used in the plural number shall include
the singular, The word "used" shall include "intended to be used", "arranged," and "designed". All other words
shall carry their customary meaning except for those defined hereinafter,
ACCESSORY APARTMENT means a separate dwelling unit in an existing single unit dwelling, secondary to the
train use, which is a completely self-contained facility with provision within the accessory apartment for cooking,
sleeping, and bathing.
ACCESSORY BUILDING means a subordinate building on the same lot as the main building and devoted
exclusively to an accessory use, but does not include a building attached in any way to the main building.
ACCESSORY USE means a use that is normally incidental, subordinate or exclusively devoted to a main use
located on the same lot therewith.
ACT means the Community Planning Act, Chapter C-12, R.S.N.B. 1973 and amendments thereto.
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 -hearing animals,
(d) the raising of bees,
(e) the production of agricultural field crops,
(f) the production of fruits, vegetables, and other specialty horticultural crops,
(g) the production of eggs and milk,
(h) the production of berry crops,
(i) the production of maple syrup and similar products,
(j) the operation of agricultural machinery and equipment, including irrigation pumps,
(k) the preparation of a farm product for distribution from the farm gate, including cleaning, grading, and
packaging,
(1) the on -farm processing of thrm products for the purpose of preparing farm products for wholesale or retail
consumption,
(m) the storage, use or disposal of organic wastes for farm purposes,
(n) the operation of pick -your -own farms, roadside stands, faro produce stands, and farm tourist operations as
part of a farm operation, or,
(o) any other agricultural activity or process prescribed by Provincial authorities, which is carried on for gain or
reward or in the hope or expectation of gain or reward;
AGRI-TOURISM USE paeans a tourist activity, service or facility that is secondary to an active "agricultural use,
as defined by this section, which may include, but is not limited to firnn tours and demonstrations, horse riding,
picnicking, farm related educational activities including cooking classes using farm products from the farm,
seasonal promotional events (e.g. harvest and Christmas fairs, etc), special promotional events for the promotion
of farm products, but not a service requiring the use of a permanent commercial kitchen.
ADULT ENTERTAINMENT ESTABLISHMENT means an establishment or part thereof which provides goods
or services, including activities, facilities, performances. exhibition,, viewing, and encounters, the principle
characteristic of which is the nudity or partial nudity of any person.
ALTER means to stake any change, structurally or otherwise, in a building or structure which is not for the
)urpose of maintenance only,
11
ASSEMBLY HALT„ means a building or part of a building in which facilities are provided for such purposes as
meetings for civic, educational, political, religious or social purposes.
ATTACHED BUILDING means a building otherwise complete in itself, which depends for structural support, or
complete enclosure,, upon a division wall or walls shared in common with an adjacent building or buildings.
• AUTOMOBILE SALES ESTABLISHMENT means an establishment having as its main use the storage of
vehicles for sale or lease, but does not include the dispensing of bulk file] or bulk petroleum products.
AUTOMOTIVE BODY SHOP means a building or a clearly defined space on a lot used for the storage, repair,
and servicing of motor vehicles including body repair, painting, and engine rebuilding, but does not include the
dispensing of bulk fuel or bulk petroleum products.
AUTOMOTIVE REPAIR OUTLET means a building or part of a building or a clearly defined space on a lot used
for minor or major repair of motor vehicles and may include muffler, brake, tire, and glass replacement,
transmission repair and replacement, wheel alignment, and other customizing activities directly related to the
repair or alteration of motor vehicles, but shall not include the manufacturing or fabrication of motor vehicle parts
for the purpose of sale nor the dispensing of bulk fuel or bulk petroleum products.
BASEMENT means that portion ofa building between two floors which is partially underground and which has al
least one-half of its height from the finished ceiling above grade.
BED & BREAKFAST means an owner -occupied single -unit dwelling in which there are rooms for rent as short-
tenn accommodation, and may include the provision of meals for persons staying temporarily at the
establishment.
BOARDING OR ROOMING HOUSE paeans a dwelling in which the proprietor supplies either room or room and
hoard, for monetary gain, to three or more persons, exclusive of the owner of the building or members of his
family.
BUILDING means any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING SUPPLY YARD means a building or land on which building or construction and home improvement
materials are kept for sale.
BULK STORAGE organs a storage tank or a number of storage tanks for fuel or petroleum installed at a site.
BUS TERMINAL means a building or premises where buses pick up and discharge fare -paying passengers.
Accessory uses may include ticket offices, luggage checking facilities, and similar uses.
CALL CENTRE means an office where the primary function of the business is incoming or outgoing
communications occurring for the sale of goods or provision of services to clients off site.
CARPORT means a building or structure that is not wholly enclosed and is used for the parking or storage of
private passenger vehicles.
CEMETERY means land primarily used for interment of human or animal remains and where chapels, churches,
crematoria, and related facilities may be incorporated as accessory uses.
CHURCH means a building wherein persons regularly assemble for religious worship, and which is maintained
and controlled by a religious body organized to sustain public worship.
CHURCH HALL means a building, or part of a building. in which facilities are provided for meetings for
religious purposes.
1?
COMMERCIAL GREENHOUSE means a building for the growing of flowers, plants, shrubs, trees, and similar
vegetation which are not necessarily transplanted outdoors on the same lot containing such greenhouses, but are
sold directly from such lot at wholesale or retail.
CONSERVATION USE means a use of land that serves to protect, maintain, or improve an environmental
resource or feature,
CONSTRUCTION YARD means an area used for the storage of construction materials, supplies, equipment,
tools, stock pile of useable construction materials, and other items as permitted including temporary storage
containers, construction trailers, and temporary office trailers.
CONVENIENCE STORE means a retail store which serves the daily or occasional needs of residents of the
immediate area with a variety of goods such as groceries, meats, beverages, dairy products, patent medicines,
sundries, tobacco, hardware, magazines, videos, and newspapers.
COUNCIL means the Council of the Village of Sussex Corner.
CRAFT RETAIL/MANUFACTURING OUTLET means a building or part thereof where craft articles such as
leatherwork, pottery, woodwork, hand woven goods, and similar articles are manufactured, assembled, made,
prepared, inspected, finished, treated, altered, or repaired, and/or offered for sale.
CREMATORIUM means a building which houses a funrace where a corpse can be burned and reduced to ashes.
CULTURAL CENTRE means a building or land used for the purposes of educational entertainment including
museums, art galleries, and theatres for the performing acts.
DAYCARE CENTRE means a facility approved under the Family Sen'ices Act for the provision of daycare
services.
DEVELOPER means a person or corporation who is responsible for any undertaking that requires a building or
development permit.
DEVELOPMENT means development defined as in the Community Planning Act.
DEVELOPMENT OFFICER means the officer of Regional Service Commission 8 charged by the Village with
the duty of administering the provisions of this Rural Plan.
DWELLING means a building or part of a building, occupied or capable of being occupied as a home or residence
by one or more persons, and containing one or more dwelling units but shall not include a hotel, motel, or hostel.
DWELLING, FOUR UNIT FREEHOLD means a residential use of a building containing only one dwelling unit,
on its own lot, which is part of a series of four attached dwelling units, each with a separate exterior entrance
having direct access to grade, and each separated vertically from the other by a wall located on the property line,
and each possessing private outdoor space in the rear yard.
DWELLING, MULTIPLE UNIT means a building, on one lot, containing three or more dwelling units, and which
is not a townhouse dwelling,
DWELLING, SINGLE UNIT means a building, on one lot, which is a completely detached dwelling unit and
having a minimum width of any main wall of not less than 7 m.
DWELLING, THREE UNIT FREEHOLD means a residential use of a building containing only one dwelling
unit, on its own lot, which is part of a series of three attached dwelling units, each with a separate exterior
entrance having direct access to grade, and each ;separated vertically from the other by a wall located on the
property line, and each possessing private outdoor space in the rear yard.
13
DWELLING, TOWNHOUSE means a dwelling unit, on its own lot, which is connected by one or more walls to a
series of similar- units, and not one above the other, with individual entrances from the street level directly.
DWELLING, TWO UNIT means a building, on one lot, containing two dwelling units.
DWELLING, TWO UNIT FREEHOLD means a residential use of a building containing only one dwelling unit,
on its own lot, which is part of a series of two attached dwelling units, each with a separate exterior entrance
having direct access to grade, and each separated vertically from the other by a wall located on the property line,
and each possessing private outdoor space in the rear yard.
EDUCATIONAL AGENCY means an entity that administers a school or schools to which it is directly linked.
EDUCATIONAL ESTABLISHMENT means an establishment providing academic and/or technical instruction
and may include supplementary school cafeterias, book stores, amusement activities from the outside, recreation
facilities, instruction function, and community assembly use. This term refers to uses such as public and private
schools, colleges and universities.
ENTERTAINMENT USE means any building or part of a building which is used for commercial entertainment,
amusement or relaxation and, without limiting the generality of the foregoing includes a tavern, nightclub or oilier
beverage room, an arcade, amusement centre, or a pool or billiard hall, but specifically limiting the generality of
the foregoing, does not include an adult entertainment establishment.
ERECT means to construct, build, assemble, or re -locate a building or structure, as we]1 as any physical
operations preparatory thereto.
EXISTING means in existence on the effective date of this Rural Plan.
FINANCIAL INSTITUTION means the premises of a bank. trust company, mortgage company, insurance
company or investment company.
FIRE STATION means a building or other area set aside for storage of firefighting apparatus (i.e., fire engines
and related vehicles), personal protective equipment, frrehoses, fire extinguishers, and other firefighting
equipment.
FLOODWAY means an area usually consisting of lowlands, adjoining the channel of a river. stream or
watercourse, which may be covered by floodwater during a flood.
FORESTRY USE means the general growing and harvesting of trees and, without limiting the generality of the
foregoing, shall include the cutting of fuel wood, pulp, wood, lumber, Christmas trees, and other products as well
as the portable milling and sawing of wood.
FUNERAL. HOME means a building designed for the purpose of furnishing fimeral supplies and services to the
public and includes facilities intended for the preparation of the dead human body for interment or cremation.
GARDEN CENTRE means the use of land, buildings or structures or part thereof for the purposes of buying or
selling plants, lawn and garden equipment, frmishings and supplies.
GASOLINE BAR means one or more pump islands, each consisting of one or more gasoline pumps, and shelter
having a floor area of not more than 10 m-, excluding washrooms_ which shall not be used for the sale of any
product other than liquids and small accessories required for the operation of motor vehicles and shall not be used
for repairs, oil changes or greasing;
GENERAL INDUSTRIAL USE means the use of land, buildings or structures for the purpose of storing,
assembling, altering, repairing. manufacturing, fabricating, packing canning, preparing, breaking up,
demolishing, or treating any article. cotumodity or substance, but does not include hazardous industrial uses as
defined in this section.
14
GOLF COURSE means a public or private area operated for the purpose of playing golf and related activities
including a club house and administration buildings.
GOVERNMENT BUILDING AND USES means a municipal office, court house, registry office, health and
welfare centre, employment office, post office, or other office uses for purpose of local or other government
administration.
GROSS FLOOR AREA means the aggregate of the floor areas of a building above and below grade, measured
between the exterior faces of the exterior walls of the building at each floor level but excluding car parking areas
within the building; and for the purpose of this clause, the walls of an inner court shall be deemed to be exterior
walls,
HAZARDOUS INDUSTRIAL USE means the industrial use of land, buildings, or structures involving highly
combustible and/or hazardous substances and processes such as chemical plants, paint and rubber factories, and
bulk storage of hazardous liquids.
HEAVY EQUIPMENT SALES ESTABLISHMENT means a building or part of a building or structures in which
heavy machinery and equipment are offered for sale, rent, lease or hire under agreement for compensation.
HEIGHT means the vertical distance of a building between the established grade and highest point of the roof
surface for float, hip, or gable roofs and to the deckline for mansard and gambrel roofs.
1-IOMF OCCUPATION means an accessory use conducted in a dwelling unit, for gain or support \which is
compatible with a domestic household, and which is carried on by at least one (1) member of the family residing
in that dwelling unit.
HOSPITAL OR HEALTH SERVICES BUILDING means an institution, building or other premises or place
established for the maintenance, observation, medical and dental care, and supervision and skilled nursing care of
persons afflicted with or suffering from sickness, disease or injury or for the convalescent or chronically ill
persons,
HOTEL means a tourist establishment that consists ofa building containing three or more attached units grouped
under one roof and accessible from the interior or partially from the exterior, designed to accommodate the
traveling public and may have facilities for serving meals.
INDOOR RECREATIONAL USE means a building or part of a building used solely for recreation, sport or
entertainment purposes and without limiting the generality of the foregoing, may include such establishments as
dance halls, bowling alleys, bingo halls, and roller skating rinks.
1N -LAW SUITE means an apartment contained within a principal single detached dwelling designed to be a
temporary living unit and internally accessible from the main dwelling unit.
INN means a facility offering transient lodging accommodations to the general public and may include a
restaurant and associated facilities.
INTERPRETIVE USE means the use of land and buildings for the understanding and appreciation of the site
through the use of guided tours, outings, illustrated talks, period settings and displays, audio-visual programs, self=
interpreting trails, exhibits, and publications.
KENNEL means any premise where dogs and other domestic animals excluding livestock are boarded, bred,
trained or cared for, and does not include a veterinary clinic.
LAND -EXTENSIVE RECREATIONAL FACILITY means a recreational facility that requires a large land base
to operate, and may include a golf course, a ski operation, a rifle range/game club, a moto-cross track, an
automotive racetrack, go-cart track, paint ball field/course, or similar facility.
l5
LANDSCAPED AREA means a portion of a lot area which is not used for buildings, structures, parking spaces
and driveways and which consists of grass, flower beds, shrubbery, other forms of natural landscaping, or a
combination thereof.
LAUNDRY means a building or structure where laundry machines, using only water. detergents, and additives,
are made available to the public for the purpose of laundry cleaning.
LIBRARY means a building containing printed and pictorial material for public use for purposes of study,
reference and recreation.
LIGHT INDUSTRIAL USE means the use of building, land, or structures for the purpose of storing, assembling,
altering, repairing, manufacturing, fabricating, packing, preparing, breaking up, demolishing, or treating any
article, commodity or substance, that can be undertaken without hazard or intrusion and without detriment to the
amenity of the sun-ounding area by reason of scale, noise, vibration, smell, fumes, smoke, grit, soot, ash, dust,
glare or appearance, and does not use process waters, nor produce process waste waters.
LIVESTOCK includes cattle, horses, mules, donkeys, llamas, alpacas, deer, elk, bison, buffalo, pigs, sheep, goats,
ostriches, emus, animals raised for fur or meat, and fowl.
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.
LOADING SPACE means an area of land provided and maintained upon the same lot or lots upon which the main
use is located and which has adequate access to permit ingress and egress by means of driveways, aisles or
manoeuvring areas and which is used for the temporary parking of a commercial motor vehicle while merchandise
Or materials are being loaded or unloaded from the vehicles.
LOT means a parcel of laud that is contained as a separate lot description in a deed of land, or is shown as an
approved lot on an approved plan of subdivision fled in the registry of deeds and if such lot is divided by a
highway, each division thereof shall be deemed to be a separate lot.
LOT AREA means the total horizontal area within the lot lines of a lot.
LOT, CORNER means a lot having two or more adjacent sides fronting on two or more intersecting roadways.
LOT DEPTH means the horizontal distance between the li'oni and rear lot lines. Where these lot lines are not
parallel, the lot depth shall be the length of a line joining the midpoints of the font and rear lot lines.
LOT FRONTAGE means the horizontal distance between the side lot lines as measured along the front lot line.
In the case ofa comer lot with a daylighting triangle, the front and flankage lot lines shall be deemed to extend to
their hypothetical point of intersection for the purpose of calculating the frontage.
LOT, INTERIOR means a lot other than a comer lot.
LOT LINE means a common boundary between a lot and an abutting lot or roadway.
LOT LINE. FRONT means a lot line dividing the lot from an abutting roadway; 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 either of the lot lines and the other lot line shall be the
flankage lot line; and
(b) in the case of a lot which has as one of its boundaries the shore line of a lake or the batik of a river, the lot line
lacing the access road shall be deemed to be the front lot line,
LOT LINE, REAR means a lot line extending along the rear of the lot.
16
LOT LINE. SIDE means a lot line extending from a roadway to the rear of the lot.
LOT, THROUGH means a lot bounded on two opposite sides by streets or highways provided, however, that if
any lot qualifies as being both a collier lot and a through lot as herein before defined, such lot shall be deemed to
be a corner lot for the purpose of this Rural Plan.
LOT, WIDTH means
(a) where the side lot lines are parallel, the distance measured across the lot at right angles to such lines; or
(b) where the side lot lines are not parallel, the distance measured across the lot along a line parallel to a line
joining the points at which the side lot lines intersect the street line, such parallel line being drawn through
the point at which the line of minimum set back intersect a line from the midpoint ofand perpendicular to the
line to which it is parallel.
MAIN BUILDING means the building in which is carried on the principal purpose or purposes for which the
building lot is used.
MAXIMUM LOT COVERAGE means that percentage of the lot area covered by all buildings above ground
level, and shall not include that portion of such lot area which is occupied by a building or portion thereof \\Inch
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.
MEDICAL CLINIC means a building or part thereof, used exclusively by physicians, dentists or other health
professionals, their staff and their patients for the purpose of consultation, diagnosis, and office treatment of
hwtsans. Without limiting the generality of the foregoing, a medical clinic 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, operating rooms or veterinary services.
MINI HOME means a building unit that is designed to be used with or without a permanent foundation as a
dwelling for humans, that has a width of less than six metres 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 ii-om the site of its construction without significant
alteration.
MINI HOME PARK means a parcel of land intended as the location for residential purposes of six or more mini
homes, or upon which two or more mini homes are located for residential purposes.
MINI HOME PLOT means a plot of land within a mini home park designated to accommodate, or
accommodating, one mini home.
MOTEL' means a tourist establishment that (a) consists ofone or more buildings containing four or more attached
accommodation units, (b) may or may not have facilities for serving meals, and/or (c) is designed to accommodate
the traveling public for whom the automobile is the principal means of transportation.
MUNICIPALITY means the Village of Sussex Corner.
MUSEUM means an institution that is established for the purpose of acquiring, conserving, studying, interpreting,
assembling, and exhibiting to the public for its instruction and enjoyment, a collection of artifacts of historical
interest.
NEIGHBOURHOOD DAYCARE CENTRE means an establishment for the
up to 15 children at a time, operating in a residential area.
NURSERY means a building or structure, and lands associated therewith,
vegetables, plants, shrubs, trees or similar vegetation together Nvith gardening
from such building or lot.
provision of care and supervision of
for the growing of flowers, fruits,
tools and implements which are sold
l7
NURSING HOME means a building where nursing care and room and board are provided to individuals
incapacitated in some manner for medical or health reasons.
OFFICE means a room or rooms where business may be transacted, a service performed or consultation given, but
shall not include the manufacturing of any product or the selling of goods.
OPEN SPACE TRAIL means a pedestrian path or trail mainly used for walking, cycling, and cross-country
skiing.
OUTDOOR STORAGE means the storage ofmerchandise, goods, inventory, materials, equipment or other items
which are not intended for immediate sale, by locating them on a lot exterior to a building.
PARKING LOT means an open area containing parking spaces, other than a street or residential driveway, for
two or more motor vehicles, available for public use or as an accommodation for clients, customers or residents
and which has adjacent access to permit ingress or egress of motor vehicles to a street or highway by means of
driveways, aisles or manoeuvring areas where no parking or storage of motor vehicles is permitted,
PARKING SPACE means an area of not less than 18.5 m' measuring 3 m by 6 m, for the temporary parking or
storage of motor vehicles, and which has adequate access to permit ingress and egress of a motor vehicle to and
fi-om a street or highway by means of driveways, aisles or manoeuvring areas.
PASSIVE RECREATIONAL USE means recreational activities that generally do not require a developed site,
and includes such activities as hiking, walking, and cross country ski trails, as well as interpretation centres.
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 establislunents as barber shops, beauty parlours,
hairdressing shops, shoe repair shops, tailoring shops, and laundromats, but excludes the manufacturing or
fabrication of goods for retail or wholesale distribution,
PLAYGROUND means an area of landscaped open space equipped with children's equipment such as slides,
swings, or wading pools,
PLOT means an area of land within a mini home park designated to accommodate, or accommodating, one mini
home;
POLICE STATION means a building housing the headquarters of a police force or unit which serves a specific
district, containing offices for the personnel and their vehicles, and usually also containing a temporary jail
facility.
PORTABLE GARAGE means a collapsible structure covered with plastic or fabric, use for the storage.
PUBLIC PARK means a park owned or controlled by a public authority or by any board, commission or other
authority established under any statute of the Province of New Brunswick,
PUBLIC WORKS means structures constructed at government expense for the public good.
RECREATIONAL USE means the use of land, buildings and structures for parks, playgrounds, tennis courts,
lawn bowling greens, indoor and outdoor skating rinks, athletic fields, picnic areas, swimming pools, and similar
uses to the foregoing, together with necessary accessory buildings and structures.
RESEARCH ESTABLISHMENT/LABORATORY means a building or group of buildings i❑ which are located
facilities for scientific research, investigation, testing, or experimentation.
18
RESTAURANT means a place where food and beverages are offered for sale to the public for consumption at
tables or counters either inside or outside the building on the lot. As an accessory use, take-out services of food
and beverages for off -site consumption may be provided.
RETAIL OPERATION means a building or pars of a building in which goods, wares, merchandise, substances, or
articles are offered for sale directly to the public.
RIDING SCHOOL OR BOARDING STABLE/ARENA means an area of land which is used as an educational
centre for rider training or horse training, handling, care, or the lodging of horses, mules or ponies.
SAWMILL means a building, structure pr area where timber is cut or sawed. either to finished lumber or as an
intermediate step,
SCREENING means the use of landscaping, fences or berms to visually and/or audibly separate areas or uses.
SETBACK means the minimum horizontal distance between the site boundary and the nearest point of the
foundation or exterior wall of the building, whichever is the lesser, or another part of the building if specified
elsewhere in this Rural. Plan.
SIGN means any structure, device, light, painting or other representation or natural object which is used to
identify, advertise or attract to any object, place, activity, person, institution, organization, firm, group,
commodity, profession, enterprise, industry or business, or which display or include 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 the premises or from a parking lot, except any "signs" which are affixed to the
inside of a window or door.
SIGN, BILLBOARD means a large free-standing sign or fascia wall sign which is not related to any business or
use located on the lot.
SIGN, CANOPY means a sign attached to or forming part of a permanent building projection, projecting or fixed
structural framework which extends outward from the exterior wall of a building; canopy signs include marquees.
SIGN, FASCIA means a sign placed flat against the face of a building and projecting from the building no more
than 0.5 metres.
SIGN, FREE-STANDING means a sign, other than a mobile or portable sign or sandwich sign, supported
independently of a building and permanently fixed to the ground.
SIGN, ILLUMINATED means a sign that provides artificial light directly, or through any transparent or
translucent material, fi'oin a source of light connected with such sign, or a sign illuminated by a light focused,
upon or chiefly directed at the surface of the sign.
SIGN, MOBILE AND/OR PORTABLE means a structure which is located On the ground but not permanently
mounted on a foundation, which is capable of being easily relocated, contains or holds a sign, and may have one
or more faces.
SIGN, PROJECTING means a sign attached lo a building projecting more than 0.5 metres but less than 2.0
metres.
SIGN, SANDWICH means a two-sided A -frame style self-supporting sign which is not permanently affixed to the
ground and designed to be moveable.
SOCIAL SERVICES CENTRE means a building or lot used by a non-profit society to provide information,
referral, counselling, advocacy or health care services. dispense aid in the nature of food or clothing and/or
provide drop -in or activity space.
19
SPECIAL CARE HOME means a residence used for the purpose of providing special and individualized care, for
consideration, to one (1) or two (2) elderly persons, children or disabled persons, which complies with applicable
legislation.
SPECIAL CARE RESIDENCE means a residence used for the purpose of providing special and individualized
care, for consideration, to between three (3) and •nine (9) elderly persons, children or disabled persons, which
complies with applicable legislation,
SPECIAL CARE RESIDENTIAL CENTRE means a residence used for the purpose of providing special and
individualized care, for consideration, to ten (10) or more elderly persons, children or disabled persons, which
complies with applicable legislation.
STOREY means that portion of a building which is situated between the top of any floor and the top of the next
about it, and if there is no floor above it, the portion between the top of such floor and the ceiling above it.
STREET LINE means the boundary line of a street.
STRUCTURE means anything that is erected, built or constructed of parts joined together or any such erection
fixed to or supported by the soil or by any other buildings or structure,
SWIMMING POOL means any accessory structure, including an inflatable container, construction, basin or tank
above or below grade, which is designed to hold water and intended for swimming, wading, diving, or soaking,
and having the capacity to contain water to a depth of 60 cm or more at any point.
SWIMMING POOL, ABOVE -GROUND means any swimming pool whose framework is installed primarily
above ground elevation;
SWIMMING POOL, IN -GROUND means any swimming pool that is constructed with its pool walls more than
90% below ground level;
THEATRE means a building or part of a building devoted to showing motion pictures, or for dramatic, musical,
or live performances.
TRANSIENT VENDOR means a person who is selling any of the goods or services at a temporary location for a
specified period of time as agreed by Council, but does not include a person who is operating or carrying on
business selling the same goods or services on a permanent basis in the Village.
TRANSITION HOUSE means a facility that provides accommodations for thirty (30) days or less and support
services to abused women and their children
TRANSPORTATION DEPOT means any building or land where buses, trucks or tractor trailers are rented,
leased, kepi for hire, stored or parked for commercial purposes.
TRUCKING/HEAVY EQUIPMENT OPERATION means a building or land on which a business or industry
involving the maintenance, servicing, storage or repair of trucks, heavy equipment, and similar commercial
vehicles is conducted, including the sale of parts and accessories, but excluding the dispensing of bulk fuel or
bulk petroleum products.
UTILITY SERVICE means the component of a water, sewage, storm water or solid waste disposal, cable
television, electrical power, or telecommunication system.
VETERINARY CLINIC means a facility for the medical care and treatment of animals and includes provisions
for their overnight accommodation
WAREHOUSE means a building used primarily for the storage of goods and materials.
20
WAREHOUSING, DISTRIBUTION AND/OR STORAGE ESTABLISHMENT means a building used for the
storage, wholesaling, and distribution of goods and materials.
WATER DISTRIBUTION AND SEWER COLLECTION USES means any works by a public authority for the
distribution of water and sewage,
WATERCOURSE means the full width and length, including the bed, banks, side, and shoreline, or any part, of a
river, creek, stream, spring, brook, lake, pond, wetland, reservoir, canal, ditch or other natural or artificial channel
open to the atmosphere, the primary function of which is the conveyance or containment of water whether the
flow is continuous or not, but excludes artificial ponds created for recreational, aesthetic or irrigation purposes.
WETLAND means land that
(a) either periodically or permanently, has a water table at, near or above the land's surface or that is saturated
with water, and
(b) sustains aquatic processes as indicated by the presence of hydric soils, hydrophytic vegetation and biological
activities adapted to wet conditions.
WHOLESALE OPERATION means a building in which commodities in quantity are offered for sale chiefly to
industrial, institutional, and commercial users or to retailers or other merchants mainly for resale or business use.
WOOD STORAGE YARD means a lot where logs are stored.
YARD means an open, uncovered space on a lot appurtenant to a building, except a court bounded on two or more
sides by buildings. ht determining the minimum side yard measurements, the minimum horizontal distance from
the respective lot lines shall he used.
YARD, FLANICAGE means the side yard of a corner lot, which side yard abuts a street.
YARD. FLANKAGE MINIMUM means the minimum side yard required by this Rural Plan where such yard
abuts a street.
YARD, FRONT means a yard extending across the full width of a lot and between the front lot line and the
nearest wall of any main building or structure on the lot.
YARD, FRONT MINIMUM means the minimum depth required by this Rural Plan of a front yard on a lot
between the front lot line and the nearest main wall of any building or structure on the lot.
YARD, REAR means a yard extending across the full width of a lot and between the rear lot line and nearest wall
of any main building or structure on the lot.
YARD, REAR MINIMUM means the minimum depth required by this Rural Plan of a rear yard on a lot between
a rear lot line and the nearest main wall of any building or structure on the lot.
YARD, SIDE means a yard extending between the front yard and the rear yard and between a side lot line and the
nearest main wall of any building on the lot.
YARD, SIDE MINIMUM means the minimum breadth required by this Rural Plan of a side yard on a lot between
a side yard line and the nearest main wall of any building or structure o11 the lot.
21
4.0
4.1
(1)
ADMINISTRATION AND CLASSIFICATION
Purpose
The purpose of Part E is to:
(a) divide the Planning Area into zones;
(b) prescribe:
(i) the purpose for which land, buildings and structures in any zone may
(ii) standards to which land use, and the placement, erection. alteration
must conform; and
(c) prohibit the use, placement, erection or alteration of land, buildings or
with the purposes and standards mentioned in Subsection (b) above.
be used,
and use of buildings and structures
structures other than in conformity
4,2 General
(1) This Rural Plan may be amended under section 74(1) of the Coy mnwin' Planning _4rt. A lot or lands may be
rezoned, subject to terns and conditions, in accordance with Section 39 of the C'oin7rrnorrai!)' Planning Act.
(2) The powers of Council. the Regional Service Commission, Development Officer, and Building Inspector are as
outlined in the Community Planning Act, the 114unicipaliiies Act, and other Regulations and are not restricted, in
any way, to those of this Rural Plan.
4.3 Building/Development Permits and Exemptions
(1) A development or building permit is required for all buildings, structures, and land uses, as well as all changes in
the use of buildings, structures, and land, except those listed in (2) and (3) below.
(2) Although the following uses do not require a development or building permit, they must comply with all
applicable zoning provisions and provincial regulations:
(a) removal of trees and other vegetation
(3)
grubbing of soil, placing of fill, and other altering ofthe landscape
a passive recreational use such as a walking trail or picnic area
clearing of agricultural land
a forestry use
a watercourse crossing
a septic system
a home occupation
a conservation use
any accessory building or structure which has less than 3 square metres of gross floor area
Utilities are permitted in all zones and are exempt from the zone provisions of the lot upon which they are located,
including the use of land for the purposes of:
(a) electric and telephone transmission lines
(b) water supply and storage
(c) public sanitary sewage disposal and treatment of sewage
(d) public drainage, including storm sewers
(e) communication antennae
(f) all other utilities as well as any buildings or structures associated with the above -mentioned utilities.
4,4 Temporary Use
(1) In response to an application signed by the owner of the subject lands or an authorized agent, the Regional Service
Commission may, subject lo such terms and conditions as it considers fit:
(a) authorize, for a temporary period not exceeding one year, a development otherwise prohibited by this Rural
Plan,
(b) authorize, for an additional temporary period not exceeding one year, a development otherwise prohibited by
this Rural Plan, subject to the provisions specified within subparagraph 34(3)(h)(i,l) of the +Conwwnin'
Planning Act, and/or
(c) require the termination or removal of a development authorized under clause (a) or (b) at (he end of the
authorized period.
) 7
4.5
(1)
Setting of Teams and Conditions on Development
In prescribing the purposes for which land, buildings and structures may be used, the Regional Service
Commission may, where so empowered by other sections in this Rural Plan, impose terms and conditions on a
proposed use or may prohibit the proposed use where compliance with those terms and conditions cannot
reasonably be expected. Terms and conditions imposed shall be limited to those considered necessary by the
Regional Service Commission to protect properties within the zone or in abutting zones, as well as the health,
safety and welfare of the general public.
4.6 Powers of Council
(1) Notwithstanding any other provision of this Rural Plan, the Council may, in its discretion, allow a developer of a
building or structure to pay to the municipality the sum of $200.00 per space in lieu of providing the off street
parking required hereunder. All money received by the Council shall be subject to the provisions of Section 37 of
the Conmm11711tty Planning Act.
(2) No building may be erected in the municipality in respect of which, in the opinion cif the Council,, satisfactory
arrangements have not been made for the supply of electric power, water, sewerage, streets or other services or
facilities.
4.7 Powers of the Regional Service Commission
(1) In accordance with section 34(3)(g) of the Community Planning Act, no building or structure may be erected in
any site where it would otherwise be permitted under this Rural Plan when, in the opinion of the Regional Service
Commission, the site is marshy, subject to flooding, excessively steep or otherwise unsuitable by virtue of its soil,
geological formations or topography.
(2) As provided for in Section 35 of the Comimmi,l= Planning Alit, the Regional Service Commission may permit,
subject to such terms and conditions as it considers fit:
(a) a proposed use of land or a building that is otherwise not permitted under the Rural Plan if, in its opinion, the
proposed use is sufficiently similar to or compatible with a use permitted in the Rural Plan fot- the zone in
which the land or building is situated; or
(b) such reasonable variance from the requirements of the zone provisions falling within paragraph 34(3) (a) of
the Community Planning Act as, in its opinion, is desirable for the development of a parcel of land or a
building or structure, and is in accord with the general intent of the Rural Plan and any plan or statement
under the Community Planning Act affecting such development.
4.8 Amendments
(1) A person who seeks to have this Rural Plan amended shall:
(a) address a written and signed application in duplicate therefore to the Council; and,
(b) pay a fee in accordance -with section 5.10 Fees for Planning Services.
(2) Council may, if it deems fit, return all or any part of the fee mentioned in subsection (1) (b).
(3) An application under this section shall include such information as may be required by the Council or the
Regional Service Commission for the purpose of adequately assessing the desirability of the proposal.
(4) Before giving its views to the Council with respect to an application under this section, the Regional Service
Commission shall carry out an investigation, as it deems necessary.
(5) Unless, upon the advice of the Regional Service Commission, the Council is of the opinion there is valid new
evidence or change in conditions, where an application under this section has been refused by the Council, no
further application may be considered by the Council for one year if such application is:
(a) in the case of a zoning amendment application, is in respect of the same area of land with which the original
application was concerned; or
(b) not being in relation to zoning, similar to the original application.
4,9 Fees
(1) As per Section 64.1 of the Community Pluming Act, the Village of Sussex Corner has prescribed the following
fees for community planning and development services:
23
(a) Zoning Confirmation letter (stating the current zoning on subject lands), $100,
(b) Zoning Compliance letter (indicating whether the use of subject land, building, or structure is in compliance
with the Village of Sussex Corner Rural Plan), $200,
(c) Processing and considering applications under section 34(3)(h) of the Community Planning Act (temporary
uses), $250
(d) Processing and considering requests under section 35 of the Community Planning Act (dimensional variances,
similar uses, ton -conforming uses, conditional uses), $250
(e) Processing and considering requests for rezoning. $1000,
(2) All fees are submitted and payable as follows:
(a) At the time of application or request, the proponent shall pay the fee as prescribed in 4.9(1).
(b) Payments shall be made to Regional Service Commission 8.
(c) All imposed fees are payable prior to the processing of the application and issuance of the permit, approval or
other documentation to which the fee applies.
(3) Every application shall be submitted to and processed by Regional Service Commission 8.
4.10 Non -Conforming Uses
(1) An existing land use at the time of the approval of this Rural Plan, which does not conform to the list of permitted
uses in the particular zone, will become a "non -conforming use" subject to the provisions of Section 40 of the
Community Planning Act,
4,11 Licenses, Permits, and Compliance wzth other By-laws
(1) Nothing in this Rural Plan shall exempt any person from complying with the requirements of any by-law in force
within Sussex Corner, or to obtain any license, permission, permit, authority or approval required by any by-law
of Sussex Corner.
4.12 Rural Plan Review
(1) Council shall undertake a review of the Rural Plan not later than ten years from its commencement or the last
review in accordance with Section 72 of the Community Planning Act.
4.13 Zone Classification
(1) For the piuposes of this Rural Plan, the Planning Area is divided into zones delineated on the attached map
entitled "Schedule A — Village of Sussex Corner Zoning".
(2) The zones mentioned in (1) are classified and referred to as follows:
Zone Symbol
(a) Residential Zones
(i) One Unit Dwelling R-1
(ii) One Unit Dwelling — 1 RI -1
(iii) One Unit, Two Unit Dwelling R-2
(iv) One Unit, Two Unit and Multiple Unit R-3
(v) Residential Mixed Density R-4
(vi) Mini Home Park RM
(b) Commercial Zones
(i) Neighbourhood Commercial NC
(ii) Neighbourhood Commercial NC -I
(ni) Central Commercial CC
(c) Industrial Zones
(i) Commercial/Light Industrial CLI
(ii) Commercial/Light Industrial -1 CLI- 1
(iii) General lndustrial 01
(d) Institutional IN
(e) Park and Recreation P -R
(f) Environmental Conservation EC
(g) Rural Arca RA
24
(h) Floodway
(i) Well field Protected Area
FW
WI
(3) All laud shall he used, and all buildings, structures and parts thereof, shall be placed, erected, altered, or used,
only in conformity with the requirements of the part of this Rural Plan pertaining to such zone, except as
otherwise provided.
4.14 Boundaries of Zones
(1) Where the boundary of any zone is uncertain and,
(a) the boundary, as shown on the zoning maps substantially follows a street, lane or watercourse, the centre line
of such feature is the boundary, or
(h) the boundary as shown on the zoning neaps runs substantially parallel to a street line or properly line and the
distance from the street line is not indicated, the boundary shall be deemed to be parallel to such a street line
and the distance from the street line shall be determined according to the scale shown on the zoning maps, or
(c) the boundary, as shown on the zoning maps substantially follows property lines shown on the registered plan
of subdivision or registered document, such are the boundary lines,
(2) Where there is uncertainty regarding the existence of a watercourse identified on a zoning map, this will be
confirmed in the field by the Development Officer in consultation with staff of the Department of Environment. If
it is determined that the watercourse does not exist, the area in question will be treated as if it is in the surrounding
zone.
25
5.0 GENERAL PROVISIONS
5.1 Sewage Disposal and Water Systems
(1) Where municipal sewerage and water services are available, no development shall be permitted except where the
development is connected to such services.
(2) Except in the Rural Area Zone, no development will be permitted which is not serviced by municipal sewerage
and water services.
(3) Except in the Rural Area Zone, where municipal sewage and water services are not available, no development
shall be permitted until formal arrangements have been made with Council for the installation of municipal
sewerage and water services.
(4) In the Rural Area Zone, where municipal sewerage and water services are not available, the installation ofa septic
tank must meet the regulations of the Department of Health.
(5) Notwithstanding the provisions of section (1), (2). and (3) above, Where a lot not serviced be municipal sewer and
water was in existence on the date of the adoption of this Rural Plan, a single unit dwelling, where permitted, may
be constructed where the installation ofa septic tank meets the regulations of the Department of Health.
5.2 One Main Building on a Lot
(1) No person shall erect more than one (1) main building on a lot within any zone except where specifically provided
for within this Rural Plan.
5.3 Existing Undersized Lots
(1) Where a lot was in existence on the date of the adoption of this Rural Plan that has less than the minimum area,
width, or depth required by this Rural Plan, a new building may be constructed subject to the following:
(a) there is no opportunity to enlarge the lot to meet development standards, and
(b) the development meets all other provisions of this Rural Plan,
(2) Further, the Development Officer may approve an increase in the area of any undersized lot, notwithstanding that
it may still have less than the minimum frontage, depth, or area required by this Rural Plan, The remainder lot
must continue to meet the minimum frontage, depth or area requirements. However, where insufficient lot
frontage, depth or area already exists, the remainder may not have these further reduced.
5.4 Existing Buildings
(1) Where a building has been erected on or before the effective date of this Rural Plan on a lot having less than the
minimum frontage, area, or depth, or having less than the minimum setback or side yard or rear yard required by
this Rural Plan, the building may be enlarged, reconstructed, repaired or renovated provided that:
(a) the enlargement, reconstruction, repair or renovation does not further reduce the front, rear or side yard that
does not conform to this Rural Plan; and
(b) all ocher applicable provisions of this Rural Plan are satisfied.
Vehicle Bodies
No truck, bus, coach or streetcar body, nor a structure of any kind, other than a dwelling unit erected and used in
accordance with this Rural Plan and all other by-laws of the Municipality, shall be used for human habitation, and
no vehicle body shall be used as a main commercial building, except for a transient vendor.
5.6 Height Regulations
(1) The height regulations of this Rural Plan shall not apply to church spires, water tanks, elevator enclosures, silos,
flagpoles, television or radio antennas, ventilators, skylights, barns, chimneys, clock lowers, wind turbine or solar
collectors attached to the principle structures except where specifically regulated.
5.5
(1)
26
(3)
5.7 Development near a Watercourse or Wetland
(1) Notwithstanding the Watercourse and Wetland Alteration Wetland Regulations under the Clean Water Act, no
development shall be permitted within 30 metres of a watercourse or wetland, except for the uses permitted in
Section 1 1.1.1,
5.8 Development in Protected Wellfield Areas
(1) In addition to standards and conditions set out in this Rural Plan, an individual proposing a development within a
Wellfield Protected Area should contact the Department of Environment and Local Government to ensure that
their development is in compliance with the Wellfield Protected Area Designation Order, under the Clean Water
Act,
5.9 Stripping of Topsoil
(1) Topsoil removal for commercial sale is prohibited, except for removal that is incidental to the sale of plants by
nurseries and greenhouses, and excavation associated with construction of buildings and infrastructure such as
roads.
5.10 Lines of Vision at Intersections
(1) On a corner lot, no fence, sign, hedge, shrub, bush or tree or any other structure
or vegetation shall be erected or permitted to grow to a height more than 0.6
metres above the grade of the streets that abut the lot within the triangular area
included within the street lines for a distance of 5 metres from their point of
intersection. (see diagram).
5.11 Loading Space Requirements
(1) The owner of every building, structure or premises used in whole or in part for business or commercial purposes
involving the use of vehicles for the receipt or the distribution of materials or merchandise shall provide and
maintain on lands appurtenant to such buildings, structures or premises, off-street spaces for such vehicles to load
or unload. The spaces shall only be used for loading and unloading.
(2) Number of loading spaces required:
(a) for retail and wholesale stores, bulk storage plants, warehousing or similar uses, business or office buildings,
places of public assembly, schools, hotels, or other similar buildings or premises,
(i) not less than one space;
(ii) not less than two spaces if the gross floor area thereof is in excess of 1,858 nY but less than 4,645 in2;
and,
(iii) an additional space for each 4,645 nn2, or fraction thereof in excess of the first 4,645 1112.
A loading and unloading space shall:
(a) be not less than 9,0 m in length and not less than 3.6 m in width, with 4.2 in overhead clearance;
(b) be so located that merchandise or materials are loaded or unloaded on the premises being served;
(c) be provided with adequate facilities for ingress and egress and unobstructed manoeuvring aisles; and,
(d) be surfaced with a durable material,
STREET LINE
-- 5 rn
5m
5.12 Parking Requirements
(1) For every building or structure to be erected or enlarged, off-street parking shall be provided and maintained in
conformity with the following schedule, except where any parking requirement is specifically included elsewhere
in this Rural Plan, The total required spaces for any use is noted in the table below. Where the total required
spaces for any use is not a whole number, the total spaces required by this section or by other specific sections
shall be the next largest whole number.
Off-street parking shall:
(a) be an area of not less than 18 m2 measuring 6.0 metres in length and not less than 3.0 metres in width,
exclusive of driveways thereto;
(b) shall be readily accessible from a public street:. and
27
(c) unless a formal arrangement has been trade with Council, shall be located on the lot containing the use for
which the spaces are provided.
Table 5A: Off -Street Vehie Parking Regrri
Use
Minimum Parking Spaces Required
Any dwelling except as specified below
1 space per dwelling unit
Multiple unit dwelling (except for senior citizen
apartment)
1.5 spaces per dwelling unit
Senior citizen multiple use dwelling
0.5 spaces per dwelling unit
Boarding and rooming house; bed and breakfast
1 space per bedroom
Retail store, service and personal service shop
1 space per 38 n7 of gross floor area
Bank, financial institution and office
1 space per 38 m' of gross floor area
Restaurant
1 space per 5 seats
Licensed restaurant, lounge, tavern. and
beverage room
The greater of 1 space per 3 seats or 1 space per 10 m2
of gross floor area
Theatre
I space per 5 seats
Institutional use except as specified below
The greater of 1 space per 4 seats where there are fixed
seats; I space per 10 m2 of gross floor area where there
are no fixed seats; or 1 space per 4 persons which can
be accommodated
School
3 spaces per classroom plus one space per 20 high
school students
Hospital
2 spaces per bed
Home for the aged; nursing home
2 spaces per 5 beds
Day care facility
1.5 spaces per 38 irt2 of gross floor area
Medical clinic; health office
5 spaces per consulting practitioner
Funeral home
I space for every 8 seats with a minimum of 4 spaces
Warehouse, transport terminal, general industry
use
The greater of 2 spaces per 93 m of gross floor area or
1 space per 4 employees
Any use not specified above
3 spaces per 93 m2 of gross floor area
(2) Barrier Free Reserved Spaces
Notwithstanding Subsection (1), barrier free reserved parking spaces shall be provided as an addition to the
required spaces in conformity with the following schedule:
Table 613: Barrier RPCPr•v
Use
Minimum Parking Spaces Required
Medical clinic, health office
I space per 5-15 parking spaces required; additional space for each
15 required spaces or part thereof to a maximum of 10 spaces
Home for the aged, nursing home
1 space per 20 beds to a maximum of 10 spaces
Multiple dwelling
1 space per 30 units to a maximum of 10 spaces
Restaurant and theatre
1 space per 50 seats to a maximum of 10 spaces
All other uses
1 space per 2-15 parking spaces required
2 spaces per 16-45 parking spaces required
3 spaces per 46-100 parking spaces required
1 additional space for each 100 required spaces or part thereof, 10 a
maximum of 10 spaces
(3)
Standards for Barrier Free Parking Spaces:
(a) each reserved parking space shall contain an area of not less than 26m2 measuring 4.6 m by 6,1 m;
(b) where the limits of the parking lot are defined by a curb, the parking lot shall be provided with a ramped curb
as close as possible 10 the location which it is intended to serve and in no case shall it be further than 90 m
from the location which it is intended to serve;
(c) each reserved parking space shall be located as close as possible to the location it is intended to serve: and.
28
(d) each reserved parking space shall be clearly identified by a ground sign.
5.13 Parking - Multiple Use of Site
(1) In the case of multiple use of a site, the parking required on the site shall be total of the parking required for each
individual use.
5.14 Parking Lots - Standards
(1) With respect to design and layout, a parking lot shall:
(a) be surfaced with a durable material;
(b) if using lighting for illumination of the parking lot, use lighting arranged as to divert the light away from the
streets, adjacent lots and buildings;
(c) if using a structure for attendants, erect a structure not more than 4.6 in in height and not more than 5 m' in
area;
(d) be located on the same lot:
(c) have no gasoline pumps or other service station equipment located or maintained on the parking lot;
(f) have point of ingress and egress located, in the opinion of the Regional Service Commission, with
consideration to topography and general traffic conditions;
(g) be screened from public view, if practical;
(h) be graded and drained in such a manner as to ensure that surface water will not escape onto neighbourhood
lands; and,
(i) not be used for automotive repair work or servicing except in the case of an emergency.
5.15 Parking of Commercial Vehicles
(1) Overnight parking of commercial vehicles on public streets is prohibited.
(2) On any lot in a residential zone only one commercial vehicle may be parked overnight, provided, however, that
the one commercial vehicle permitted is operated by the resident of the dwelling unit and is not more than five
tons capacity or a commercial trailer.
5.16 Fences
(1) Notwithstanding any other provision of this Rural Plan, subject to this section, a fence may he placed or located in
a yard.
(2) Except for a security fence of chain link construction in a Commercial or Industrial zone, no fence in a front yard
may exceed 0.8 m in height.
(3)
Subject to subsection (2), no fence may exceed in height
(i) 1.5 in, in a residential zone; or
(ii) 2.4 m in any other zone.
(4) No fence in a Residential zone may be electrified or incorporate barbed
construction.
Wire or
other dangerous material in its
(5) Fences bordering property are to be located at least sixty (60) centimetres from the property line, unless there is a
mutual written agreement between neighbouring landowners.
5.17 Multiple Uses
(1) In any zone, where any land or building is used for more than one use, all provisions of the Rural Plan relating to
each use shall be satisfied, except as otherwise approved by the Regional Service Commission,
5.18 Limitations on Hazardous Liquids and Substances
(1) All uses that utilize hazardous liquids and/or substances must meet Provincial guidelines and standards such as the
New Brunswick Occupational Health and Safety Act and Regulations.
2 9
5.19 Disclaimer of Liability Regarding Flooding
(1) The degree of flood protection required by this Rural Plan is considered the minimum necessary and reasonable
for regulatory purposes. Large floods may occur at any time, and excessive flood waters may be experienced. This
Rural Plan does not imply that areas outside of the Floodway Zone, or uses permitted within such areas, shall
remain free from flooding or flood damages, This Rural Plan shall not create a liability on the part of the Village
or any officer or employee thereof for any flood damage that results from compliance with or reliance upon this
Rural Plan or any administrative decision lawfully made thereunder.
5.20 Alteration or Modification of Village Property
(1) No person shall alter or modify any Village property, including but not limited to ditches, culverts, trees/shrubs,
structures, fences without the expressed written permission of Village Council.
5.21 Portable Garages
(1) Portable garages are permitted on all lots where accessory structures are permitted, except for the Mini Home Park
zone. Portable garages must comply with the zone provisions of the zone where they are located and are subject to
the followings standards:
(a) a Development Permit is required for portable garages of 56 square metres or less for the first installation. An
additional Development Permit is required only if subsequent installations occur in a different location.
(b) portable garages larger than 56 square metres require a building permit and must comply with the National
Building Code, require a foundation and an engineer's stamp on the design structure.
5.22 Zoning Amendment Applications
(1) A Development Area Concept Plan will be required as part ofa zoning amendment application. The Development
Area Concept Plan shall contain:
(a) a written description of the subject lands including topography, number and sitting of buildings;
(b) a preliminary lot layout; and,
(c) a description of access to site from the existing street network and internal road layout.
5.23 Sign Permits
(1) Other than permitted in Section 6.26, no person shall construct, erect, display, alter or relocate a sign on a property
without first obtaining a development permit in accordance with the provisions of this Rural Plan from the
Regional Service Commission.
5.24 Signs Permitted in all Zones
(1) The following signs shall be permitted in all zones and no permit shall be required for their erection:
(a) any sign which has an area of no more than 0.45 m2 and which identifies the name and address ofa resident.
(b) any sign which has an area of no more than 0.45 mz and which identifies the name and address ofa permitted
secondary use conducted within a dwelling.
(c) any sign which has an areas of no more than 0.45 m2 and which regulates the use of property, for example,
"no trespassing", "no parking" etc.,, signs.
(d) any real estate sign (non -illuminated) which has an areas of no more than 0.75 m2 in any residential
designated area or 2.2 nn2 in any other zone,
(e) any sign which has an area of no more than 0.45 mz and which regulates or denotes the direction or function
of various parts ofa building or premises, including parking and traffic areas.
(f) any sign which has an area ofno more than 4.6 w2 and which is related to construction.
(g) any sign which has an area of no more than 3 rn2.erected by, or under the direction off, a government body as
are signs identifying public buildings, giving public information or regulating traffic or safety.
(h) any temporary sign which has an area of no more than 3 m2 that announces a candidate for public office in a
municipal, provincial or federal election.
(i) any temporary sign located on private property which has an area of no more than 3m2 that announces a
special event.
5.25 Signs Prohibited in all Zones
(1) The following signs shall not be permitted in any zone:
(a) any sign or sign structure that constitutes a hazard to public safety or health.
30
(b) any sign which, for any reason, obstructs the vision of drivers leaving a roadway or driveway, or detracts
fotn the visibility or effectiveness of any traffic sign or control device on public streets.
(c) any sign that obstructs free ingress to or egress from a fire escape door, window or other required exit.
(d) any sign located at or near a sharp road curve or below the crest of a hill, except a sign erected by a
government body.
(e) any sign which is not erected by, or under the direction of, a government body and which makes use of words
such as "STOP", "LOOK", "DANGER" , "ONE WAY" or "YIELD" or any similar words, phrases, symbols,
lights or characters used in a manner which may mislead, confi.tse, or otherwise interfere with traffic along a
public road.
(f) any sign that incorporates any flashing or moving illumination and any sign that has any visible moving part
or mechanical movement whether achieved by natural or artificial means
(g) any searchlight, string light, spinner or streamer except for occasions such as grand openings, county fairs and
public festivals, or used as temporary holiday decorations for a period not to exceed fourteen (14) days.
(h) any sign painted on a tree, stone, cliff or other natural object.
(i) any sign that is not related to any business or use located on the lot or premises, and any sign which no longer
advertises a bonafide business conducted or a product sold, Such signs are deemed to be obsolete signs and
shall be removed by the owner or occupant of the property upon which they are erected, within sixty (60)
days of the date of discontinuance of the business or product.
5.26 Sign Provisions for Specific Zones
5.26.1 in a Commercial or Industrial Zone, the following signs may be placed, erected or displayed:
(a) a canopy sign provided it:
(i) is attached to, painted or placed upon a marquee, a canopy or an awning,
(ii) does not exceed the length of the wall of the building upon which it is placed
(iii) is placed on the building at the height of at least 3.0 metres above grade.
(b) an illuminated or non -illuminated fascia sign provided it:
(i) does not exceed 5.5 square metres in gross surface area
(ii) does not include lettering exceeding 36 centimetres in height
(c) an illuminated free-standing sign provided it:
(i) does not exceed 7 square metres in gross surface area
(ii) does not exceed 11.0 metres in height
(iii) is not located closer to the street line than the lesser of 3 metres or the required front yard for the zone,
(iv) is not located closer to the side or rear property line than 1.5 metres.
(d) an illuminated or non -illuminated projecting sign provided:
(i) does not exceed 0.8 square metres in gross surface area
(ii) does not project more than 2.0 metres beyond the store front
(iii) the bottom of the sign is not less than 3.0 metres above the finish elevation of the sidewalk.
(e) a non -illuminated sandwich sign provided it:
(i) does not exceed a single -faced area of 0.5 square metres
(ii) does not exceed one in number per business
(iii) does not obstruct pedestrian traffic on any sidewalk
(iv) is not placed on any right of way saving and exempting a sidewalk and/or median.
(f) a non -illuminated mobile or non -illuminated portable sign provide it:
(1) is placed only on private property
(ii) does not exceed 5 square metres in gross surface area
(iii) is not located within the triangular area formed by the intersecting street lines and a line joining points on
each street line, 9.0 metres from said intersection of the street lines.
(iv) is not located closer than 3.0 metres from the edge of a traveled vehicular driveway which provides
access to a lot at the point where it abuts a front property line
(v) is not be located closer than 3.0 metres to the front property line
(vi) is limited to one occasion only on a lot per year for a time period not exceeding thirty days.
5.26.2 In an Institutional Zone, the following signs may he placed, erected or displayed:
(a) an illuminated or non -illuminated fascia sign or a non -illuminated projecting sign provided it:
(i) identifies by name an institutional property or building
(ii) does not exceed 0.6 square metres in gross surface arca.
31
(b) a non -illuminated free-standing sign provided it:
(i) does not exceed 4.5 square metres in gross surface area.
(ii) is not located closer to the street line than the lesser of 3 metres or the required front yard for the zone.
(iii) is not located closer to the side or rear property line than 1.5 metres.
(c) a non -illuminated mobile or non -illuminated portable sign provide it:
(i) is placed only on private property
(ii) does not exceed 5 square metres in gross surface area
(iii) is not located within the triangular area formed by the intersecting street lines and a line joining points on
each street line, 9.0 metres from said intersection of the street lines.
(iv) is not located closer than 3.0 metres from the edge of a traveled vehicular driveway which provides
access to a lot at the point where it abuts a front property line
(v) is not be located closer than 3.0 metres to the front property line
(vi) is limited to one occasion only on a lot per year for a time period not exceeding thirty days.
5.26.3 In a Rural Zone, the following signs may be placed, erected or displayed:
(a) an illuminated or non -illuminated fascia sign provided it:
(i) does not exceed 5.5 square metres in gross surface area
(ii) does not include lettering exceeding 36 centimetres in height
(b) a billboard sign provided it:
(i) does not exceed 10 metres in height
(ii) does not exceed 18 square metres in gross surface area
(iii) does not exceed a maximum of one sign for up to 30 metres of frontage and one additional sign for each
30 metres of frontage.
(c) a non -illuminated free-standing sign indicating the name of the farm provided that it:
(i) does not exceed 4 square metres in gross surface area
(ii) is not located closer to the street line than the lesser of 3 metres or the required front yard for the zone.
(iii) is not located closer to the side or rear property line than 1.5 metres.
(d) a non -illuminated mobile or non -illuminated portable sign provide it:
(i) is placed only on private property
(ii) does not exceed 5 square metres in gross surface area
(iii) is not located within the triangular area formed by the intersecting street lines and a line joining points on
each street line, 9.0 metres from said intersection of the street lines.
(iv) is not located closer than 3.0 metres from the edge of a traveled vehicular driveway Which provides
access to a lot at the point where it abuts a front property line
(v) is not be located closer than 3.0 metres to the front property line
(vi) is limited to one occasion only on a lot per year for a time period not exceeding thirty days.
5.26.4 In a Park -Recreation Zone or an Environmental Conservation Zone the following signs may be placed, erected or
displayed:
(a) a non -illuminated fascia sign, or a non -illuminated projecting sign provided it:
(1) does not exceed 0.6 square metres in gross surface area.
(b) a non -illuminated free-standing sign provided it:
(i) does not exceed 4.5 square metres in gross surface area.
(ii) is not located closer to the street line than the lesser of 3 metres or the required front yard for the zone.
(iii) is not located closer to the side or rear property line than 1.5 metres,
(c) a non -illuminated mobile or non -illuminated portable sign provide it:
(i) is placed only on private property
(ii) does not exceed 5 square metres in gross surface area
(iii) is not located within the triangular area formed by the intersecting street lines and a line joining points on
each street tine, 9.0 metres from said intersection of the street lines.
(iv) is not located closer than 3.0 metres from the edge of a traveled vehicular driveway which provides
access to a lot at the point where it abuts a front property line
(v) is not be located closer than 3.0 metres to the front property line
(vi) is limited to one occasion only on a lot per year for a time period not exceeding thirty days,
32
(3)
5.27 Illumination of Signs
(1) Signs may be externally illuminated with a maximum of 100 watt floodlights provided the floodlights are
mounted in such a way that the light is diverted toward the sign and not toward neighbouring properties.
(2) Internally illuminated signs shall not be allowed with the exception of signs that are placed flat against the from of
the building.
5.28 Non -Conforming Signs
(1) The provisions of this Rural Plan with respect to existing signs which do not conform to the Rural Plan at the time
of its effective date shall not be construed to have a retroactive effect, except that relocation, alteration, or removal
of any such non -conforming signs shall render such signs subject to the provisions of this Rural Plan. The
provisions of this section shall not exempt the owner of a nonconforming sign from the obligations for proper
maintenance of such sign.
5.29 Abandoned and Unlawful Signs
(1) No person being the owner/lessee of property upon which a sign is located shall permit, suffer or allow such sign,
its faces, supports, electrical systems or anchorage to become unsightly, dilapidated or unsafe,
(2) Every sign and all parts thereof, including framework, supports, background, anchors and wiring systems shall be
constructed in compliance with relevant fire and electrical codes, A sign, which in the opinion of Council, has
become unsightly, or is in such a state of disrepair as to constitute a hazard, may be required to be removed.
(3) Any sign that advertises a bonafide business or service on the premises which is no longer shall he removed within
sixty (60) days of the termination of such business or service.
5.30 Number of Signs
(1) No more than two (2) signs shall be erected on any premises at any one time.
(2) For the purposes of this section, where a multiple tenancy building is occupied by more than one business, each
business shall be considered to be a separate premise.
For the purposes of determining the number of signs permitted by this section, a sign shall be considered to be a
single display surface or display device containing elements organized, related and composed to form a unit.
Double-faced and three -faced signs shall be counted as single signs. Where matter is displayed in a random
manner, without organized relationships or elements, or where there is reasonable doubt about the relationships of
any elements, each element shall be considered to be a single sign.
33
(3)
6.0 RESIDENTIAL
6.1 Provisions for all Residential Zones
6.1.1 Home Occupation
(1) Where a home occupation is permitted under this Rural Plan, a home occupation shall be subject to the following
requirements:
(a) the floor area of the dwelling unit that is devoted to the home occupation shall not exceed 20 percent (20%) of
the floor area of the dwelling unit;
(b) the use shall be wholly contained within the dwelling and shall be clearly minor and secondary to the
residential use;
(c) there shall be no change to the dwelling which would indicate that a home occupation is being conducted
therein, except for one (1) non -illuminated fascia sign which shall not exceed 0.45m2 in surface area;
(d) there shall be no external or outside storage of materials or containers to indicate that any part of the property
is being used for any purposes other than a dwelling;
(e) there shall be no outside animal enclosures;
(f) the home occupation shall not generate off -site dust, noise, smoke, or odours;
(g) two off-street parking spaces shall be provided, in addition to the parking space requirements of the zone;
and,
(h) no home occupation shall be permitted where the lot or building is used for any other secondary use or
accessory use of the property.
6.1.2 Neighbourhood Daycare Centre
(1) Where a neighbourhood daycare centre is permitted under this Rural Plan, a neighbourhood daycare centre shall
be subject to the following requirements:
(a) the neighbourhood daycare centre shall be restricted to a maximum capacity of 15 children;
(b) the owner/operator of the neighbourhood daycare centre shall reside in the dwelling;
(c) the neighbourhood daycare centre shall not be located on any corner lot;
(d) two off-street parking spaces shall be provided, in addition to the parking space requirements of the zone;
(e) the neighbourhood daycare centre shall comply with all Provincial acts and regulations; and,
(f) no neighbourhood daycare centre shall be permitted where the lot or building is used for any other secondary
use or accessory use of the property.
6.1.3
(1)
Accessory Apartment
Where an accessory apartment is permitted under this Rural Plan, an accessory apartment shall be subject to the
following requirements:
(a) the accessory apartment shall be secondary to the main dwelling unit;
(b) the unit shall be completely self-contained, including provision for cooking, sleeping, and bathing;
(c) one additional parking space shall be provided; and,
(d) no accessory apartment shall be permitted where the lot or building is used for any other secondary use or
accessory use of the property.
6.1.4 Swimming Pools
(1) No land shall be used for the purpose of an in -ground swimming pool unless the pool is enclosed by a fence or by
a wall of a building or structure, or by a combination of walls or fences, at least 1.52 metres in height and meeting
the requirements of this section.
(2) All enclosures shall not have rails, bracing or other attachments on the outside thereof that would facilitate
climbing. All enclosures shall be located at least 1.22 metres from the edge of the swimming pool and 1.22 metres
from any structure that would facilitate its being climbed from the outside. All fences shall not be electrified and
shall not incorporate barbed wire or other dangerous material.
Where a portion of the wall of a building fortes part of an in -ground swimming pool enclosure;
(a) no main service entrance to the building shall be located therein; and
(b) any door therein, other than a door to a dwelling or dwelling unit, shall be self -closing and equipped with a
self -latching device.
34
(4) A fence under this section shall be made of chain link construction, wood, or of other materials in the manner
prescribed by section (5);
(5) A fence under this section shall be designed and constructed:
(a) in the case of a fence made of chain links, with
(i) no greater than 4 centimetre diamond mesh and of minimum 12 -gauge thickness, and
(ii) steel posts spaced not more than 3 metres apart, with a top horizontal rail of at least 4 centimetres
diameter steel or 38mm x 89mnn lumber.
(b) in the case of a fence made of wood. with
(i) vertical boarding spaced not more than 4 centimetres apart; and,
(ii) supporting posts spaced not more than 2.4 metres with a horizontal rail of minimum 38mm x 89mm;
(c) in the case of a fence constructed with materials and in a manner other than described in this subsection, it
must be designed in a manner that is not easily climbable and will ensure rigidity equal to the design and
construction prescribed by this subsection.
(6) Gates forming part of an in -ground swimming pool enclosure shall:
(a) be equivalent in height and manner of construction to the fence;
(b) shall be supported on substantial hinges; and
(c) shall be self -closing and equipped with a self -latching device at least 1.52 metres above the bottom of the
gate.
6.1.5 Bed & Breakfast
(1) Where a bed & breakfast is permitted under this Rural Plan, a bed & breakfast shall be subject to the following
requirements:
(a) the single unit dwelling shall be occupied as a residence by the operator of the business;
(b) the bed & breakfast shall be limited to no more than five (5) bedrooms;
(c) cooking equipment shall not be permitted in a room that is used for sleeping accommodation; and,
(d) the bed and breakfast shall provide and maintain one easily accessible water toilet, wash basin and bath tub or
shower for every four bedrooms.
(2) One non -illuminated fascia sign not exceeding 0.45 012 in area is permitted.
(3)
No bed & breakfast will be permitted where the lot or building is used for any other secondary or accessory use of
the property.
6.2 R-1 (One Unit Dwelling) Zone
The Residential -1 zone is established primarily for single -unit dwellings. It also allows for a range of uses
deemed compatible in residential areas (e,g. home occupations, bed & breakfasts, neighbourhood daycare centers,
etc), subject to established standards.
6.2.1 Permitted Uses
(1) Any land, building or structure in the R-1 zone may be used for the purpose of and for no other purpose than:
(a) The following main uses::
(1) a single unit dwelling
(ii) a public park
(ii) a passive recreational use
(b) The following secondary uses in conjunction with a permitted single unit dwelling; subject to the relevant
provisions of Section 6.1:
(i) an accessory apartment
(ii) an in-law suite
(iii) a home occupation
(iv) a bed & breakfast
(v) a neighbourhood daycare centre
35
(c) The following secondary use in conjunction with a permitted single unit dwelling, subject to tenns and
conditions that may be set by the Regional Service Commission:
(i) a special care home
(d) Any accessory building, structure or use, incidental to the main use of the land, building, or structure, subject
to subsection 6.2.3, if such main use is permitted by this section.
6.2.2 Development Standards
(1) Lot development standards for residential development in the R-1 zone are set out in the following tables.
Table 6A: Residential Development in R-1 Zone — DPrtalnmr i tit
Single Unit Dwelling
Minimum Lot Area
690 m�
Minimum Lot Frontage
23 m
Minimum Depth
25 nn
Minimum Front or Flankage Yard
6 m
Minimum Rear Yard
6 m
Minimum Side Yard
2.5 m
Maximum Height of Main Building
10 m
Maximum Lot Coverage
40%
6,2.3 Accessory Buildings and Structures
(1) Accessory buildings or structures shall not:
(a) be used for human habitation except where a dwelling is a permitted accessory use:
(b) be located in the front yard or flankage yard; nor
(c) be constructed from a vehicular body or travel trailer.
Table 6B: Accessory Buildings and Sn•uctures in R-1 Z • •
otle — be�elo nient Stand
p ..3
Accessory Buildings and Structures
Minimum Side and Rear Setback
1.2 n1
Minimum Distance from Main Building
2.5 m
Maximum Height
4.5 m
Maximum Number per Lot
2
Maximum Lot Coverage
the lesser of 84 m2 or 7`/0 of area of lot
6.3 R1-1 (One Unit Dwelling -1) Zone
6.3.1 Permitted Uses
(1) Any land, building or structure in the R1-1 zone may be used for the purpose of and for no other purpose than:
(a) The following main use:
(i) a single unit dwelling
(b) The following secondary uses in conjunction with a permitted single unit dwelling; subject to the relevant
provisions of Section 6.1:
(i) an accessory apartment
• (ii) a home occupation
6.3.2 Development Standards
(1) Lot development standards for residential development in the R1-1 zone are set out in the following tables.
36
Table 6C: Residential Development in R1- •
Single Unit Dwelling
Minimum Lot Area
500 in2
Minimum Lot Frontage
16 m
Minimum Depth
30 m
Minimum Front or Flankage Yard
3 m
Minimum Rear Yard
6 m
Minimum Side Yard
7 & 1.2 m
Maximum Height of Main Building
8.5 m
Maximum Lot Coverage
40%
6.3.3 Landscaping
(1) Landscaping requirements shall also include the retention of the hedge on the eastern side of the property, as long
as the hedge exists.
6.4 R-2 (One Unit, Two Unit Dwelling) Zone
The Residential -2 zone is established primarily for single -unit dwellings and two -unit dwellings situated on one
lot. It also allows for a range of uses deemed compatible in residential areas (e.g. home occupations, bed &
breakfasts,neighbourhood daycare centers, etc), subject to established standards.
6.4.1 Permitted Uses
(1) Any land, building or structure in the R-2 zone may be used for the purpose of and for no other purpose than:
(a) The following main uses:
(i) a single unit dwelling
(ii) a two unit dwelling
(iii) a public park
(iv) a passive recreational use
(b) The following main uses, subject to terms and conditions that may be set by the Regional Service
Commission:
(i) a special care residence
(c) The following secondary uses in conjunction with a permitted single unit dwelling: subject to the relevant
provisions of Section 6.1:
(i) an accessory apartment
(ii) an in-law suite
(iii) a home occupation
(iv) a bed & breakfast
(v) a neighbourhood daycare centre
(d) The following secondary use in conjunction with a permitted single unit dwelling, subject to terms and
conditions that may be set by the Regional Service Commission:
(i) a special care home
(e) The following secondary use in conjunction with a permitted two unit dwelling; subject to the relevant
provisions of Section 6,1:
(i) a home occupation
(1) Any accessory building, structure or use, incidental to the main use of the land, building, or structure, subject
to subsection 6.4.3. if such main use is permitted by this section,
6.4.2 Development Standards
(1) Lot development standards for residential development in the R-2 zone are set out in the following table.
37
Table 6D: Residential Development in R-2 Zoixe —Development Sta
Single Unit Dwelling
Minimum Lot Area
690 m2
Minimum Lot Frontage
23 m
Minimum Side Yard
2.5 m
Two Unit Dwelling
Minimum Lot Area
750 m2
Minimum Lot Frontage
30 m
Minimum Side Yard
2.5 m
All Lots
Minimum Depth
25 m
Minimum Front or FIankagc Yard
6 m
Minimum Rear Yard
6 m
Maximum Height of Main Building
10 m
Maximum Lot Coverage
40%
6.4.3 Accessory Buildings and Structures
(1) Accessory buildings or structures shall not:
(a) be used for human habitation except where a dwelling is a permitted accessory use;
(b) be located in the front yard or flankage yard; nor,
(c) be constructed from a vehicular body or (ravel frailer.
Table 6E: Accessory Buildings and Structua•es in R-2 Zone — l3evelo menu 5taikd r
Accessory Buildings and Structures
Minimum Side and Rear Setback
1.2 ni
Minimum Distance from Main Building
2.5 m
Maximum Height
4.5 ni
Maximum Number per Lot
2
Maximum Lot Coverage
the lesser of 84 m2 or 7% of area of lot
6.5 R-3 (One Unit, Two Unit, Multiple Unit) Zone
The Residential -3 zone is established primarily for single -unit dwellings, two --unit dwellings on one lot, and
multiple unit dwellings on one lot, It also allows for a range of uses deemed compatible in residential areas (e.g.
home occupations, bed & breakfasts, neighbourhood daycare centers, etc), subject to established standards.
6.5.1 Permitted Uses
(1) Any land, building or structure in the R-3 zone may be used for the purpose of and for no other purpose than:
(a) The following main uses:
(1) a single unit dwelling
(ii) a two unit dwelling
(iii) a multiple unit dwelling
(iv) a townhouse dwelling
(v) a public park
(iv) a passive recreational use
(b) The following main uses, subject to terms and conditions that may be set by the Regional Service
Commission:
(ii) a special care residence
(c) The following secondary uses in conjunction with a permitted ,single unit dwelling; subject to the relevant
provisions of Section 6,1:
(i) an accessory apartment
(ii) an in-law suite
(iii) a ]tome occupation
38
(iv) a bed & breakfast
(v) a neighbourhood daycare centre
(d) The following secondary use in conjunction with a permitted single unit dwelling, subject to terms and
conditions that may be set by the Regional Service Commission:
(i) a special care home
(e) The following secondary use in conjunction with a permitted two unit dwelling; subject to the relevant
provisions of Section 6.1:
(i) a home occupation
(0 Any accessory building, structure or use, incidental to the main use of the land, building, or structure, subject
to subsection 6.5.3, if such main use is permitted by this section.
6.5.2 Development Standards
(1) Lot development standards for residential development in the R-3 zone are set out in the following table.
Table 6F: Residential Development in R-3 Zone— Development Standards
t ,.aa1ac 1-7 Mk IJ Welling
Minimum Lot Area
690 m2
Minimum Lot Frontage
23 m
Minimum Side Yard
2.5 m
Two Unit Dwelling
Minimum Lot Area
750 m2
Minimum Lot Frontage
30 m
Minimum Side Yard
2.5 m
Townhouse Dwelling (per unit)
Minimum Lot Area (interior unit)
185 nY
Minitnum Lot Area (interior lot _ end unit)
255 m2
Minimum Lot Area (corner lot — end unit)
405 m2
I\4inimmn Lot Frontage (interior lot — interior unit)
6 m
Minimum Lot Frontage (interior lot — end unit)
8.5 m
Minimum Lot Frontage (corner lot — end unit)
13.5 m
Minimum Side Yard
2.5 m
Multiple Unit Dwelling
Minimum Lot Area
1115 m', plus 70 m2 for each dwelling in excess of 4
Minimum Lot Frontage
37 m , plus 2.3 m for each dwelling unit in excess of 4
Minimum Side Yard
2.5 m
All Lots
Minimum Depth
25 m
Minimum Front or Flankage Yard
6 m
Minimum Rear Yard
6 rn
Maximum Height of Main Building
10 m
Maximum Lot Coverage
40%
6.5.3 Accessory Buildings and Structures
(1) Accessory buildings or structures shall not:
(a) be used for human habitation except where a dwelling is a permitted accessory use;
(b) be located in the front yard or flankage yard; nor
(c) be constructed from a vehicular body or travel trailer,
39
Table 6G: Aceessory Buildings and Structures inn R-3 Zone — Devela n[ t St d d
p en a[[ ar s
Accessory Buildings and Structures
Minimum Side and Rear Setback
1,2 m
Minimum Distance from Main Building
2.5 m
Maximum Height
4.5 in
Maximum Number per Lot
2
Maximum Lot Coverage
the lesser of 84 m2 or 7% of area of lot
6.5.4 Screening of Multiple Unit Dwellings
(1) Where a multiple unit dwelling lot abuts a different residential zone or different residential use, such lot shall not
be developed for a multiple unit dwelling use unless a screening facility such as an earth bernm, hedge or fence or
combination thereof, is provided and maintained inside the common property lines.
6.6 R-4 (Residential Mixed Density) Zone
The Residential -4 zone is established to provide opportunities for multi -lot developments with smaller lots and
more compact housing forms. Each unit in a two -unit, three -unit, and four --unit dwelling is on a separate lot.
6.6.1 Permitted Uses
(1) Any land, building or structure in the R-4 zone may be used
(a) The following main uses:
(i) a single unit dwelling
(ii) a two unit freehold dwelling
(iii) a three unit freehold dwelling
(iv) a four unit freehold dwelling
(v) a public park
(vi) a passive recreational use
for the purpose of and for no other purpose than:
(h) The following secondary use in conjunction with a permitted single unit or two unit freehold dwelling;
subject to the relevant provisions of Section 6.1:
(i) ahome occupation
(c) Any accessory building, structure or use, incidental to the main use of the land, building, or structure, subject
to subsection 6.6.3, if such main use is permitted by this section.
6.6.2 Development Standards
(1) Lot development standards for residential development in the R-4 zone are set out in the following table.
Table 711: Residential Development in R-4 Zone — llevelopntent Starada[•
Single Unit Dwelling uu
Minimum Lot Area (interior lot)
360 012
Minimum Lot Area (coiner lot)
500 m2
Minimum Lot Frontage (interior lot)
12 m
Minimum Lot Frontage (corner lot)
16.5 m
Minimum Side Yard
2.5 m
Two Unit Freehold Dwelling (per unfit)
Minimum Lot Area (interior lot)
330 tm1
Minimum Lot Area (corner lot)
470 m'
Minimum Lot Frontage (interior lot)
11 m
Minimum Lot Frontage (corner lot)
I5.5 m
Minimum Side Yard
2.5 m
40
Table 611 (Continued): Residential Development:n 12_d 7:nnP _ ttiRER,.,,,,o„+ c..,,an.•
Three Unit Freehold Dwelling or Four Unit Freehold Dwelling (per unit)
Minimum Lot Area (interior lot — interior unit)
185 in'
Minimum Lot Area (interior lot — end unit)
255 in2
Minimum Lot Area (corner lot — end unit)
405 m2
1VIinimum Lot Frontage (interior lot — interior unit)
6 m
Minimum Lot Frontage (interior lot — end unit)
8.5 m
Minimum Lot Frontage (corner lot — end unit)
13.5 m
Minimum Side Yard (end unit)
2.5 m
All Lots
Minimum Depth
25 m
Minimum Front or Flankage Yard
6 m
Minimum Rear Yard
6 m
Maximum Height of Main Building
10 ni
Maximum Lot Coverage
40%
6.6.3 Accessory Buildings and Structures
(1) Accessory buildings or structures shall not:
(a) be used for human habitation except where a dwelling is a permitted accessory use:
(b) be located in the front or flankage yard; nor
(c) be constructed from a vehicular body or travel trailer,
Table 61: Accessory Buildings and Structures in R-4 Zoue — Develo mutt St
Accessory Buildings and Structures
Minimum Side and Rear Setback
1.2 m
Minimum Distance from Main Building
2.5 m
Maximum Height
4.5 m
Maximum Number per Lot
2
Maximum Lot Coverage
7%
6.6.4 Three -Unit Freehold Dwelling
(1) A three -unit freehold dwelling shall have a minimum distance separation, measured from the closest outer wall of
the three -unit dwelling, of 60 metres from the closest outer wall of another three -unit or four -unit freehold
dwelling.
6.6.5 Four -Unit Freehold Dwelling
(1) A four -unit freehold dwelling shall have a minimum distance separation, measured from the closest outer wall of
the four -unit dwelling, of 60 metres from the closest outer wail of another three -unit or four -unit freehold
dwelling,
6.7 R11'i (Mini Home Park) Zone
the Mini Home Park zone is established to accommodate the needs and site characteristics required for clustered
development of mini homes.
6,7.1 Permitted Uses
(I) Any land, building or structure in the RM zone may be used for the purpose of and for no other purpose than:
(a) The following main uses:
(i) a mini home park
(ii) a public park
(iii) a recreational use
(b) The following secondary use in conjunction with a mini home; subject to the relevant provisions of Section
6.1.1:
(i) a home occupation
41
(c) Any accessory building, structure or use, incidental to the main use of the land, building, or structure, subject
to subsection 6.7.4, if such main use is permitted by this section.
6.7.2 Screening of Mini -Hone Parks
(1) A mini -home park shall be separated from adjoining properties and abutting public streets by a natural or artificial
barrier such as an earth berm, hedge or fence or combination thereof
6,7.3 Development Standards
(1) Development standards for residential development in the RM zone are set out in the following table.
Table 6J: Residential Develonnten# in RM %.nnn _ llP.sat.,.,,,,o.,+ c, ,..,i ,- a,
Mini -Home Plot and Mini Homes
Minimum Plot Area
465 m1
Minimum Plot Frontage
15 m
Minimum Front or Flankage Yard
6 m
Minimum Rear Yard
6 m
Minimum Side Yard
2.5 m
Minimum Distance of any Building, Structure, or Mini Home from a Public Street
12 in
Minimum Distance of Plot from a Public Street
7.5 in
Minimum Distance of Mini Home from any Utility Building
7.5 m
Minimum Distance between Mini Homes
7.5 m
6.7,4 Accessory Buildings and Structures
(1) Accessory buildings or structures shall not:
(a) be used for human habitation except where a dwelling is a permitted accessory use;
(b) be located in the front yard or flankage yard; nor,
(c) be constructed from a vehicular body or travel trailer.
Table 6K: Accessory Buildings and Structures in RAI "Lone _ Deve
Accessory Buildings and Structures
Minimum Side and Rear Setback
1.2m
Minimum Distance from a Main Building
2.5m
Maximum Height
4.5m
Maximum Number per Plot
1
Maximum Size
14.9naz
(2) Accessory buildings and structures that have been erected prior to the date of approval of this Rural Plan that do
not conform to (1)(b) and (c) and Table 7K are permitted to continue. When a non -conforming accessory building
or structure is to be replaced, it must conform to the development standards outlined in (1) and Table 7K,
specifically the number per plot and maximum size.
6.7.5 Responsibility for Services
(1) All services such as site and street maintenance, snow removal, provision and maintenance of water and sewage
infrastructure are the responsibility of the mini home park owner.
42
7.0 COMMERCIAL
7.1 Provisions for all Commercial Zones
7.1.1 Illumination
(I) Where yard lights are provided in connection with a commercial use, all such lighting shall be directed inwardly
toward the subject lot and away from neighbouring buildings.
7.1.2 Screening of Commercial Uses
(I) Where a lot in a commercial zone abuts a residential zone, or use, or institutional zone or use, such lot shall not be
developed for a commercial use unless a screening facility, such as an earth bens, hedge or fence or a
combination thereof, is provided and maintained inside the common property lines.
7.2 NC (Neighbourhood Commercial) Zone
The Neighbourhood Commercial zone is established to accommodate local commercial uses associated with
residential neighbourhoods,
7.2.1 Permitted Uses
(1) Any land, building or structure in the NC zone may be used for the purpose of and for no other purpose than:
(a) The following main use;
(i) a convenience store
(ii) a personal service shop
(iii) an office
(b) The following secondary uses
(i) a single unit dwelling
(c) Any accessory building, structure or use, incidental to the main use of the land, building, or structure, subject
to subsection 7.2.3, if such main use is permitted by this section.
7.2.2 Development Standards
(1) Lot development standards for commercial development in the NC zone are set out in the following table.
Table 7A: Commercial Developtent in the NC Zane — I)evela went St
I1 annum► ua
Main Uses
Minimum Lot Area
690 m'`
Minimum Lot Frontage
23 m
Minimum Front or Flankage Yard
6 m
Minimum Rear Yard
6 m
Minimum Side Yard
2.5 in
Maximum Height of Main Building
10 m
Maximum Lot Coverage
40%
7.2.3 Accessory Buildings and Structures
(1) Accessory buildings or structures shall not:
(a) be used for human habitation except where a dwelling is a permitted accessory use:
(b) be located closer to the street than the rear of the main building or structure;
(c) be used for agricultural purposes or for the keeping of animals other than household pets; nor
(d) be constructed from a vehicular body or travel trailer.
43
Table 711: Accessory Buildings and Structures Dev
Accessory Buildings and Structures
Minimum Side and Rear Setback
1.2 m
Minimum Distance from Main Building
2.5 m
Maximum Height
4.5 in
Maximum Number per Lot
2
Maximum Lot Coverage
the lesser of 84 m2 or 7% of area of lot
7.3 CC (Central Commercial) Zone
The Central Commercial zone is established to accommodate a variety of commercial uses in the center of the
Village.
7.3.1 Permitted Uses
(1) Any land, building or structure in the CC Zone may be used for the purpose of and for no other purpose than:
(a) The following main uses:
(i) a financial institution
(ii) a funeral home
(iii) an nut
(iv) a bed & breakfast
(v) a medical clinic
(vi) a veterinary clinic
(vii) an educational agency
(viii) a social services centre
(ix) a government building and uses
(x) a museum
(xi) a library
(xii) a cultural centre
(xiii) a nursing home
(xiv) an office use
(xv) a personal service shop
(xvi) a restaurant
(xvii) a retail operation
(xviii) a wholesale operation
(xix) a theatre
(xx) a craft retail/manufacturing outlet
(xxi) a convenience store
(xxii) a daycare centre
(xxiii) a public park
(xxiv) a passive recreational use
(b) The following main uses. subject to terns and conditions that may be set by the Regional Service
Commission:
(i) a bus terminal
(ii) an automotive repair outlet
(iii) a laundry
(iv) an entertainment use
(v) a garden centre
(vi) an educational establishment
(vii) a church or church hall
(viii) a police and/or fire station
(c) The following secondary use:
(i) a residential use
(ii) a boarding or rooming house with a single unit dwelling
44
(d) Any accessory building, structure or use, incidental to the main use of the land, building, or structure, subject
to subsection 7,3.3, if such main use is permitted by this section.
7.3.2 Development Standards
(1) Lot development standards for commercial development in the CC zone are set out in the following table.
Table 7C: Commercial Development in the CC Zone — Develo m nt St d
p e an a► U
Main Uses
Minimum Lot Size
690 in'
Minimum Lot Frontage
23 to
Minimum Lot Depth
25 m
Minimum Front Yard
6 m
Minimum Rear Yard
6 m
Minimum Side Yard
2.5 m
Maximum Height of Main Building
15 in
7.3.3 Accessory Buildings and Structures
(1) Accessory buildings or structures shall not:
(a) be used for human habitation except where a dwelling is a permitted accessory use;
(b) he located closer to the street than the rear of the main building or structure; nor
(c) be constructed from a vehicular body or travel trailer.
Table 7D: Accessory Buildings and Structures in CC Zone -- Development Standards
Accessory Buildings and Structures
Minimum Side and Rear Setback 1.2 m
Minimum Distance from Main Building 2.5 m
Maximum Height
Maximum Number per Lot 2
Maximum Lot Coverage
4.5 to
the lesser of 84 in' or 7% of area of lot
7.4 NC -1 (Neighbourhood Commercial -1) Zone
The Neighbourhood Commercial -1 zone is established to accommodate local commercial uses associated with
residential neighbourhoods.
7.4.1 Permitted Uses
(1) Any land, building or structure in the NC -1 zone may be used for the purpose ofand for no ocher purpose than:
(a) The following main uses:
(i) a convenience store
(ii) a personal service shop
(iii) an office
(iv) a gasoline bar
(v) a medical clinic
(b) The following secondary uses
(i) a single unit dwelling
(c) Any accessory building, structure or use, incidental to the main use of the land, building, or structure, subject
10 subsection 7.4.3, if such main use is permitted by this section.
7.4.2 Development Standards
(1) Lot development standards for commercial development in the NC -1 zone are set out in the following table,
45
Table 7E: Commercial Development in the NC -1 Zone — -
Main Uses
Minimum Lot Area
690 m2
Minimum Lot Frontage
23 m
Minimum Front or Flankage Yard
6 ni
Minimum Rear Yard
6 m
Minimum Side Yard
2.5 m
Maximum Height of Main Building
10 m
Maximum Lot Coverage
40%
7.2.3 Accessory Buildings and Structures
(1) Accessory buildings or structures shall not:
(a) be used for human habitation except where a dwelling is a permitted accessory use;
(b) be located closer to the street than the rear of the main building or structure;
(c) be used for agricultural purposes or for the keeping of animals other than household pets; nor
(d) he constructed from a vehicular body or travel trailer.
Table 7F: Accessory Buildings and Structures in NC -1 Zane — •
Accessory Buildings and Structures YV
Minimum Side and Rear Setback
1.2 m
Minimum Distance from Main Building
2.5 m
Maximum Height
4.5 m
Maximum Number per Lot
2
Maximum Lot Coverage
the lesser of $4 nit or 7% of area of lot
46
8.0 INDUSTRIAL
8.1 Provisions for all Industrial Zones
8.1.1 Number of Main Buildings on a Lot
(1} Notwithstanding Section 5.2, there shall be no limitation on the number of main buildings allowed on a lot.
8.1.2 Landscaping
(1) The required front yard shall be landscaped, excepting the driveways and parking areas. In the case of a corner
lot, the side yard abutting a side street shall be landscaped. Where possible, existing trees/shrubs shall be retained.
8.1.3 Outdoor Storage
{1) Salvage or Waste Disposal Facility, Recycling Depot or Junk Yard
(a) Where land is used for the storage of scrap, recycling or automotive materials, the following shall apply:
(i) The whole of the operation shall be surrounded by a solid fence, not less than 3 m and not greater than 5
m in height, unpierced except for gates necessary for access.
(ii) The fence shall be located at least 6 m from the front line and 1.5 m from the side and rear lot lines, and
land between the fence and any lot line, not required for entrance and exit driveways, shall only be used
for landscaping.
(iii) No material shall be piled higher than the height of the surrounding fence.
(2) All Other Uses
(a) Where any permitted use includes outdoor storage, the land used for such storage shall be screened from the
street by a wall or decorative solid board fence not less than 2 m and not more than 2.5 m height.
(b) No portion of the storage yard shall be located within 1.5 m of the side or rear lot line.
(c) No material shall he piled higher than the height of the surrounding fence.
8.1.4 Screening of Industrial Uses
(1) Where a lot in the Commercial/Light Industrial Zone or the General Industrial zone abuts a residential or
institutional property, such lot shall not be developed for ail industrial use unless provision is made for an
appropriate screening facility, such as a hedge, fence, or earth berm or a combination thereof. The nature and
design of the screening facility will be specified by the Development Officer with input from the Village Council.
8.2 CLI (Commercial/Light Industrial) Zone
The Commercial/Light Industrial zone is established to accommodate a mix of light industrial and commercial
uses.
8.2.1 Permitted Uses
(1) Any land, building or structure in the CLI zone may be used for the purpose of and for no other purpose than:
(a) One or more of the following stain uses:
(i) a light industrial use,
(ii) a warehousing, distribution, and/or storage establishment
(iii) a transportation depot
(iv) a retail operation
(v) a wholesale operation
(vi) a trucking/heavy equipment operation
(vii) a heavy equipment sales establishment
(viii) an automobile sales establishment
(ix) an automotive body shop
(x) an automotive repair outlet
(xi) an office use
(sii) a restaurant
(xiii) an indoor recreational use
(xiv) a recreation use
47
(xv) a research establishment/laboratory
(xvi) a funeral home
(xvii) a hotel or motel
(xviii) a veterinary clinic
(xix) a conservation use
(xx) a personal service shop
(xxi) a land extensive commercial use such as a garden centre, nursery, commercial greenhouse, building
supply yard
(xxii) a call centre
(xxiii) an institutional use
(xxiv) an assembly hall
(b) Any accessory building, structure or use, incidental to the main use of the land, building, or structure, subject
to subsection 8.2.3, if such main use is permitted by this section.
8.2.2 Development Standards
(1) Lot development standards for main uses in the CLI zone are set out in the following table.
Table 8A: Development in the CLI Zone — Develnnraient Stanrtar
Main Uses
Minimum Lot Area
950 m2
Minimum Lot Frontage
30 m
Minimum Front or Flankage Yard
6 m
Minimum Rear Yard
6 in
Minimum Side Yard
2.5 m
Maximum Height of Main Building
15 m
8.2.3 Accessory Building and Structures
(1) Except for a gale -keeper or security office not exceeding 9ni2.in size, accessory buildings or structures shall not:
(a) be used for human habitation except where a dwelling is a permitted accessory use;
(b) be located closer to the street than the rear of the main building or structure;
Table 8B: Accessory Buildings and Structitres in CLI Zone -- Development Standards
Accessory Buildings and Structures
Minimum Side and Rear Setback
Minimum Distance from Main Building
1.2 m
2.5 m
8.3 CLI-1 (Commercial/Light Industrial -1) Zone
(1) Notwithstanding the provisions of 8,1.2, lands zoned CLI-1 shall:
(a) maintain a 10 metre buffer of wooded land around the side and rear yards of the lands zoned CL1- 1,
(b) create and/or maintain a 5 metre buffer of wooded land that provides a visual barrier of at least 2 metres high
across the front of lands zoned CLI -1.
(2) All other provisions of Section 8.1 (Provisions for All Industrial Zones), with the exception of subsection 8.1.3
(2), and all other provisions of Section 8.2 (Commercial/Light Industrial Zone) shall apply to the lands zoned
CLI-1.
8.4 GI (General lntlustrial) Zone
'Ile General Industrial zone is primarily for general industrial uses, It also allows light industrial and some
commercial uses,
48
8.4.1 Permitted Uses
(I) Any land, building or structure in the GI zone may be used for the purpose of and for no other purpose than:
(a) One or more of the following main uses:
(i) a light industrial use
(ii) a warehousing, distribution, and/or storage establishment
(iii) a transportation depot
(iv) a construction yard
(v) a trucking/heavy equipment operation
(vi) a heavy equipment sales establishment
(vii) an automobile sales establishment
(viii) an automotive body shop
(ix) an automotive repair outlet
(x) a land extensive commercial use such as a garden centre, nursery, commercial greenhouse, building
supply yard
(xi) an office use
(b) One or more of the following main uses, subject to terms and conditions that may be set by the Regional
Service Commission:
(i) a general industrial use
(ii) a sawmill
(c) The following secondary use:
(i) a sales outlet related to a permitted use
(d) Any accessory building, structure or use, incidental to the main use of the land, building, or structure, subject
to subsection 8.4.3, if such main use is permitted by this section.
8.4.2 Development Standards
(1) Lot development standards for main uses in the GI zone are set out in the following table.
Table 8C: Development in the GI Zone — Development Standard!
Main Uses
Minimum Lot Area
1700m2
Minimum Lot Frontage
36 m
Minimum Front or Flankage Yard
6 m
Minimum Rear Yard
6 m
Minimum Side Yard
2.5 m
Maximum lieight of Main Building
15 in
8.4.3 Accessory Building and Structures
(1) Except for a gate -keeper or security office not exceeding 9m2 m size, accessory buildings or structures shall not:
(a) be used for human habitation except where a dwelling is a permitted accessory use;
(b) be located closer to the street than the rear of the main building or structure:
Table 8D: Accessory Buildings and Structures in GI Zone --- Development Standards
Accessory Buildings and Structures
Minimum Side and Rear Setback
Minimum Distance Rom Main Building
1.2 m
2.5 m
49
9.0 INSTITUTIONAL
9.1 IN (Institutional) Zone
The Institutional zone is established for institutional uses throughout the Village.
9.1.1 Permitted Uses
(1) Any land, building or structure in the IN zone may be used for the purpose of and for no other purpose than:
(a) One or more of the following main uses:
(i) an assembly hall
(ii) an indoor recreational use
(iii) a cultural centre
(iv) an educational establishment
(v) a funeral home
(vi) a church
(vii) a cemetery
(viii) a crematorium
(ix) a daycare centre
(x) a government building and uses
(xi) a special care residence
(xii) a special care residential centre
(xiii) a transition house
(xiv) a hospital or health services building
(xv) a park, playground or other recreational use
(b) Any accessory building, structure or use, incidental to the main use of the land, building, or structure, subject
to subsection 9,2.3, if such main use is permitted by this section.
9.1.2 Development Standards
(1) Lot development standards for main uses in the IN zone are set out in the following table.
Table 9A: Development in the IN Zane —Development Stanrtar
Main Uses
Minimum Lot Area
690 nY
Minimum Lot Frontage
23 in
Minimum Lot Depth
25 in
Minimum Front or Flankage Yard
6 in
Minimum Rear Yard
6 in
Minimum Side Yard
2.5 nn
Maximum Height of Main Building
15 m
9.L3 Accessory Buildings and Structures
( 1) Accessory buildings or structures shall not:
(a) be used for human habitation except where a dwelling is a permitted accessory use;
(b) be located closer to the font line than the minimum distance required for the main building; nor,
(c) be constructed from a vehicular body or travel trailer.
Table 9B: Accessory Buildings and Structures in 1N Zone Develapzueut Standar
Accessory Buildings and Structures �V
Minimum Side and Rear Setback
1.2 m
Minimum Distance from Main Building
2.5 in
Maximum Height
4.5 m
Maximum Number per Lot
2
Maximum Lot Coverage
the lesser of 84 m' or 7% of area oIlot
50
10.0 PARK AND RECREATION
10.1 P -R (Park and Recreation) Zone
The Park and Recreation zone is established for park and recreation uses throughout the Village
10.1.1 Permitted Uses
(1) Any land, building or structure in the P -R zone may be used for the purpose of and for no other purpose than:
(a) One or more of the following main uses:
{i) a public park, including playground, sport or recreational establishment
(ii) an outdoor recreational use, including but not limited to a public or private golf course and ancillary
uses and facilities
(iii) an open space hail
(iv) any interpretive uses associated with areas of natural, historic, or scientific interest
(v) an amphitheatre
(b) Any accessory building, structure or use, incidental to the main use of the land, building, or structure, subject
to subsection 10.1.3, if such main use is permitted by this section.
10.1.2 Development Standards
(1) Lot development standards for main uses in the P -R zone are set out in the following table,
Table 10A: Development in the P -R Zone — Develops}rent Stal}dar
Main Use w�
Minimum Front or Flankage Yard
15 m
Minimum Rear Yard
11 m
Minimum Side Yard
11 in
Maximum Height of Main Building
15 m
10.1.3 Accessory Buildings and Structures
(1) Accessory buildings or structures shall not:
(a) be used for human habitation except where a dwelling is a permitted accessory use;
(b) be located closer to the front line than the minimum distance required for the main building;
(c) be constructed from a vehicular body or travel trailer.
Table IOB: Accessory BU}ld}I} s and Structu}'es 111 P- P 7.n11P — fl v 1 nm t C4�rv}„.lr
Accessory Buildings and Structures
Minimum Side and Rear Setback
1.2 m
Minimum Distance from Main Building
2.5 m
Maximum Number per Lot
2
Maximum Lot Coverage
the lesser of 84 m1 or 7% of area of lot
51
N
11.0 ENVIRONMENTAL CONSERVATION
11.1 EC (Environmental Conservation) Zone
The Environmental Conservation zone is established to provide protection to wetlands and watercourses in the
Village and includes a 30 metre buffer surrounding these wetlands and watercourses.
11.1.1 Permitted Uses
(1) Any land, building or structure in the EC zone may be used for the purpose of and for no other purpose than:
(a) One or more of the following main uses:
(i) a conservation use
(ii) a passive recreational use such as a walking trail or picnic area
(iii) a building or structure in existence on the date of approval of this Rural Plan, subject to Section 11.1.4
(h) The following main use, subject to terms and conditions that may be set by the Regional Service Commission:
(i) a new single unit dwelling on an existing lot abutting a watercourse only in accordance with section
1 1.1.3 (3)
(c) Any accessory building, structure or use, incidental to a residential use, subject to subsection 11.1.2, if such
main use is permitted by this section.
11.1.2 Accessory Buildings and Structures
(1) Accessory buildings or structures shall not:
(a) be used for human habitation except where a dwelling is a permitted accessory use;
(b) be located in the front yard or flankage yard; nor
(c) be constructed from a vehicular body or travel trailer.
Table 11A: Accessory Buildings and Structtures in EC Zone—1?eveiopnrent taudar•
—
Accessory Buildings and Structures
Minimum Side and Rear Setback
1.2 m
Minimum Distance from Main Building
2,5 m
Maximum Height
4.5 m
Maximum Number in the EC zone on Individual Lots
1
Maximum Lot Coverage
the lesser of 84 m2 or 7% of area of lot
11.1.3 Watercourse and Wetland Buffer Area
(1) Except as permitted by Subsection 12.1(1) no buildings or structures arepermitted in the EC Zone.
(2) In addition to meeting the provisions of Section 12, all proposed development to be undertaken within 30 metres
ofa watercourse or wetland, including landscaping, tree cutting or the placement or removal of fill, will be subject
to the Watercourse and Wetland Alteration Regulation administered by the Department of Environment and Local
Government.
(3)
Notwithstanding (1) above, a single dwelling unit may be permitted within 30 metres of a watercourse, where the
lot was in existence on the date of approval of this Rural Plan, subject to the following:
(a) there is no opportunity on the lot to erect the dwelling outside the EC zone;
(b) approval is received from relevant government agencies; and,
(c) the development meets all of the terms and conditions that may be set by the Regional Service Commission.
11.1.4 Existing Buildings
(1) Subject to compliance with the provincial Watercourse and Wetland Alteration Regulation, an existing main
building or structure in the Environmental Conservation zone may be altered, replaced or repaired, subject to the
following:
(a) the setback from the watercourse or wetland is not further reduced,
(b) the alteration replacement or repair does not:
52
(i) reduce side yards to less than 2,5 metres,
(ii) reduce front yards to less than 6 metres,
(iii) reduce rear yards to less than 6 metres, or
(iv) result in a final total floor area of more than 185 m`',
53
12.0 RURAL AREA
12.1 RA (Rural Area) Zone
The Rural Area zone is established primarily for resource uses including agriculture, forestry and aggregate
extraction. It also allows for a range of uses deemed compatible in rural areas such as kennels, riding schools, and
land extensive recreational uses.
12.1.1 Permitted Uses
(1) Any land, building or structure in the RA zone may be used for the purpose of and for no other purpose than:
(a) The following main uses:
(i) an agricultural use, excluding new livestock facilities
(ii) a forestry use
(iii) a sawmill
(iv) a wood storage yard
(v) a kennel
(vi) a commercial greenhouse
(vii) a nursery
(viii) a conservation use
(ix) a public park
(x) an open space trail
(xi) a recreational use
(xii) a dwelling in existence on the date of approval of this Rural Plan, subject to Section 12.1.4
(b) The following main uses, subject to terms and conditions that may be set by the Regional Service
Commission:
(i) a riding school or boarding stable/arena
(ii) a land extensive recreational facility
(c) The following secondary uses:
(i) a home occupation in an existing dwelling
(ii) an agri-tourism use
(d) Any accessory building, structure, or use, incidental to the main use of the land, building, or structure, subject
to subsection 12.1.3, if such main use is permitted by Section 12.
12.1.2 Development Standards
(1) Lot development standards for main uses in the RA zone are set out in the following table,
Table 12A: Development in the RA Zone — Development Staatdar
Main Uses
Minimum Lot Area
2 Ha
Minimum Lot Frontage
54 m
Minimum Front or Flankage Yard
6 in
Minimum Rear Yard
6 m
Minimum Side Yard
2.5 311
12.1.3 Accessory Buildings and Structures
(1) Accessory buildings or structures shall not:
(a) be used for human habitation except where a dwelling is a permitted accessory use:
(b) except in the case of an agricultural or forestry use, be located within the front yard of the main building or
structure;
(c) in the case of an agricultural or forestry use, be located within 7.5 m of a street line.
(d) be constructed from a vehicular body or travel trailer.
54
Table 12B: Accessory Buildings and Structures in 12A Zane — Develo nient Standar
Accessory Buildings and Structures
Minimum Side and Rear Setback
12
Minimum Distance from Main Building
2.5 ni
Maximum Height
11 in
12.1.5 Existing Dwelling
(1) An existing dwelling in the Rural Area zone may be altered, replaced or repaired, as long as the alteration,
replacement or repair does not:
(a) reduce side yards to less than 2.5 metres,
(b) reduce font yards to less than 6 metres,
(c) reduce rear yards to less than 6 metres.
12.1.6 home Occupation
(1) A home occupation shall be subject to the following requirements:
(a) the floor area of the dwelling unit that is devoted to it does not exceed 20 percent (20%) of the floor area of
the dwelling unit;
(h) the use is clearly minor and secondary to the residential use;
(c) there shall be no change to the dwelling which would indicate that a home occupation is being conducted
therein, except for one (1) non -illuminated fascia sign which shall not exceed 0.45 n72 111 surface area;
(d) external or outside storage shall consist of not more than a total of three commercially licensed vehicles or
pieces of equipment for the purpose of performing work at other locations;
(e) there shall be no outside animal enclosures;
(f) the home occupation shall not generate off -site electrical interference, dust, noise, smoke, or odours;
(g) two off-street parking spaces shall be provided, in addition to the parking space requirements of the zone;
and,
(h) no home occupation will he permitted where the lot or building is used for any other secondary use or
accessory use of the property.
55
13.0 FLOOD RISK AREA
13.1 FW (Floodway) Zone
The Floodway zone is established to prevent susceptible land uses from developing in areas identified as having a
1:20 year flood risk, to recognize the ecological importance and sensitivity of floodplains, and to protect these
lands from the adverse impacts of built-up development,
13.1,1 Permitted Uses
(1) Any land, building or structure in the FW zone may be used for the purpose of and for no other purpose than:
(a) One or more of the following main uses:
(i) conservation use
(ii) agricultural crop cultivation
(iii) interpretive uses associated with areas of natural, historic or scientific interest
(iv) an open space trail
(v) public works associated with flood control
(vi) water distribution and sewer collection uses
(vii) a building or structure in existence on the date of approval of this Rural Plan, subject to Section 13.1.3.
13,1.2 Development Standards for a Main Use
(1) Lot development standards for main uses in the FW zone are set out in the following table.
Table 13A: Development in the FW Zone — Development Standards
Main Uses
Minimum Lot Area
Minimum Lot Frontage
740 nit
24.5 m
13.1.3 Existing Main Buildings and Structures
(1) Subject to compliance with the provincial Watercourse and Wetland Alteration Regulation, an existing main
building or structure in the Floodway zone niay be altered: replaced, or repaired, as long as the alteration,
replacement or repair does not:
(a) reduce side yards to less than 2.5 metres,
(b) reduce front yards to less than 6 metres,
(c) reduce rear yards to less than 6 metres,
(d) result in a final gross floor area of more than 185 m2
(e) include excavation for a basement.
13.1.4 Existing Accessory Buildings and Structures
(1) Subject to compliance with the provincial Watercourse and Wetland Alteration Regulation, an existing accessory
building or structure in the Floodway zone may be altered, replaced, or repaired, as long as the alteration,
replacement or repair does not:
(a) reduce side yards to less than 1.2 metres,
(b) result in the accessory building or structure being located closer to the street than the rear of the main building
or structure; nor reduce front yards to less than 6 metres,
(c) reduce rear yards to less than 1.2 metres,
(d) result in a final gross floor area of more than 84 m2
(e) result in the accessory building or structure being used for human habitation except where a dwelling is a
permitted accessory use;
(1) consist ofa vehicular body or travel trailer
(g) result in more than two accessory structures,
56
14.0 WELLFIELD PROTECTED AREA
14.1 W1 (Wellfield Protected Area) Zone
The Wellfield Protected Area zone is established to protect the Village's water supply source from contamination.
14.1.1 Permitted Uses
(1) Any land, building or structure in the WI zone may be used for the purpose of and for no other purpose than:
(a) One or more of the following main uses:
(i) public ground water supply system and associated conveyance works and distribution system
(ii) conservation use
(iii) a passive recreational use such as a walking trail or picnic area
(2) In addition to standards and conditions set out in this Rural Plan, all development located in the Wellfield
Protected Area zone must conform to the Wellfield Protected Area Designation Order, under the Clean Water Act.
57
1\'
1
Du Irk
Valley
Leoend
%li age. al 5e,sses cmner
ItOlal Zone Mapping 2007
antes
0
Village of Sussex Corner
Rural Plan
OAKUM Ilelll]Ameneae palum tealWAD ell
FRO CTION CS11549Wewlt0u...nmLS,erana,aPht
Corinassxon