HomeMy Public PortalAbout1350-10-06 ZONING BY-LAW AMENDMENT - 368 MAIN STREET (WARD 1)
TOWN OF SUSSEX, N.B.
ZONING BY-LAW AMENDMENT
BY-LAW # 1350-10-06
The Council of the Town of Sussex, under authority vested in it by Section 34 of
the Community Planning Act, amends the Zoning By-Law #1350-10 enacted on
the 21st day of March, 2011, by Section 39 of the Community Planning Act and
enacts as follows:
Schedule “A” of the Town of Sussex Zoning By-Law #1350-10 is amended by
rezoning a parcel of land located on the south side of Main Street as shown on the
attached Schedule “A-6”, dated December 2011, having P.I.D. # 00268128, from a
Single and Two Family Residential (“R2”) to Highway Commercial (“HC”)
permitting an “Office” with terms and conditions.
READ FIRST TIME BY TITLE February 20, 2012
READ SECOND TIME BY TITLE February 20, 2012
READ IN ENTIRETY March 19, 2012
THIRD READING BY TITLE
AND ENACTED March 19, 2012
PAUL I. MAGUIRE MARC THORNE
TOWN CLERK DEPUTY MAYOR
TOWN OF SUSSEX, N.B.
ZONING BY-LAW AMENDMENT
BY-LAW # 1350-10-06
TERMS AND CONDITIONS
WHEREAS, by resolution of the Council of the Town of Sussex, the proposed
rezoning of a parcel of land on the south side of Main Street, as shown on the
attached Schedule “A-6”, dated December 2011, be subject to terms and conditions
and the use of said property be pursuant to Section 39 of the Community Planning
Act for an “Office”;
AND WHEREAS, under Section 39 of the Community Planning Act, upon rezoning
said property shall not be developed or used except in accordance with the
following terms and conditions:
1. Definitions:
“office” means any building or part of a building in which one or more
persons are employed in the management, directing, or conducting an
agency or business; and
“screening” means anything which shelters, conceals or protects and
includes a berm, hedge, row of trees or fence.
2. The land use for this parcel of land is to be an office subject to the
following:
a. that an Office use be limited to the ground floor area of this structure;
b. that no trade and / or goods other than those required directly for the
purposes of an Office be stored on site.
3. The Developer is required to obtain approval from the Planning Advisory
Committee, prior to the Town issuing a building permit, for a parking lot
plan for this development.
TToowwnn ooff SSuusssseexx
BByy--LLaaww ## 11335500--1100--0066
Terms and Conditions
4. The Developer is required to obtain approval from the Planning Advisory
Committee, and prior to the Town issuing a building permit, of a landscape
plan for the development of this property and subject to the provisions of:
a. a grassed boulevard, three (3) metres in width, along the property
line which affronts Main Street;
b. a grassed boulevard, three (3) metres in width, adjacent all parking
areas;
c. street trees planted at ten (10) metres centers in all boulevard areas
to provide screening;
d. a minimum of one (1) tree per five (5) parking spaces planted in the
grassed area of a parking lot; and
e. the minimum height of each street tree shall be twenty-four hundred
millimeters (2400 mm) above grade.
5. The parking lot plan for this development shall include asphaltic concrete
paved parking spaces and shall adhere to the following regulations
regarding parking spaces:
a. there shall be six (6) parking spaces for the office and one loading
and unloading space;
b. each parking space shall be an area of not less than six (6) metres in
length and not less than two point seventy-five (2.75) metres in width
and shall be readily accessible from the nearest street.
6. The illumination lights on this property shall be directed away from any
adjacent properties and the parking lot light standards, if so used, shall
have a maximum height of six (6) metres.
7. The Developer is required to obtain approval from the Planning Advisory
Committee, and prior to the Town issuing a building permit, for signage
pertaining to this development and adhering to the following signage
allowances for this development:
TToowwnn ooff SSuusssseexx
BByy--LLaaww ## 11335500--1100--0066
Terms and Conditions
a. a fascia sign placed flat against the front of a building indicating the
ownership or nature of the business carried on therein provided the
gross surface area of such sign does not exceed five point five (5.5)
square metres for either an illuminated or non-illuminated sign with
lettering not exceeding thirty-six (36) centimetres in height;
b. an illuminated or non-illuminated free-standing sign not exceeding
three (3) square metres in gross surface area and the maximum
height of the free-standing sign shall not exceed three (3) metres; and
c. the illumination of any free standing sign shall cease at 23:00 hours
daily, and;
d. a mural is permitted subject to terms and conditions imposed by the
Planning Advisory Committee.
8. The residential appearance of the exterior of the building shall remain as it
presently exists and shall not be altered.
ZONING PLAN BY-LAW AMENDMENT
BY-LAW # 1350-10-06
30255582
PROPERTY IDENTIFICATION
NUMBER 00268128 IS AMENDED
FROM SINGLE AND TWO FAMILY
RESIDENTIAL "R2"
TO HIGHWAY COMMERCIAL "HC"
ON THE ZONING MAP
OF THE TOWN OF SUSSEX
00268086
00439810
00268110
30253538
MAIN STREET
30029532
SCHEDULE "A-6"
DECEMBER 2011
30135198
30113351
30147276
30030191
30214092