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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