HomeMy Public PortalAbout1350-21 ZONING BY-LAW (WARD 1)I
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TOWN OF SUSSEX
ZONING BY-LAW
BY-LAW #1350-21
I cerlify that this inttr111mnt
is regi at red or !iied in the
_.,._...,.Uf's.: __
County Rec\;t1~ Office,
New Brum,w1c
December 2021
J'att>;ste oue eel Instrument est
enrc()lst,o' ou depose au burc~u
d& l'ot , ~gislrement du comte de
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TABLE OF CONTENTS
1. T ITLE, SCOPE, INTERPRETATION , A ND REPEAL .................................................................................. l
1.1 T ITLE ........................................................................................................................................ 1
1.2 PU RPOS E .................................................................................................................................. l
1.3 SCOP E ...................................................................................................................................... 1
1.4 SEVERA BILITY ........................................................................................................................... 1
1 .5 REPEAL. .................................................................................................................................... 2
2 . ZONES AN D ADMIN ISTRATION ......................................................................................................... 3
2 .1 ADM I N ISTRATION .................................................................................................................... 3
2.2 ZON ING MAP ........................................................................................................................... 3
2 .3 ZONES ........................................................... , .......................................................................... 3
2.4 ZONE BOUN DAR I ES .................................................................................................................. 4
2.5 PROPERT IES AFFECTED BY MORE THAN ONE ZONE .................................................................. 4
2.6 BY-LAW APP LI CABI LITY AND EN FORCEMENT ............................................................................ 4
2.7 USES ........................................................................................................................................ 5
2.8 MEASUREMENTS AND CALCULATIONS ..................................................................................... 5
2 .9 POWERS/ RO LE OF COUNCI L ................................................................................................... 5
2 .9 .1 NON-CONFORM IN G USE ................................................................................................... 5
2.9 .2 SATI SFACTORY SERVICI NG ................................................................................................ 6
2 .10 POWERS/RO LE OF THE PLANN I NG ADVISORY COMMITTEE ...................................................... 6
2.10.1 CONDITIONA L USES .......................................................................................................... 6
2.10 .2 NO N-CON FORM I NG USE ................................................................................................... 6
2.10.3 SI MILAR OR COM PATI BLE USES ........................................................................................ 6
2 .10.4 TEM PORARY A PP ROVALS .................................................................................................. 7
2 .1 0 .5 VAR IANCES ....................................................................................................................... 7
2 .10 .6 DE LEGAT ED A UT HOR ITY ................................................................................................... 7
2.11 POWERS OF TH E DEVELOPMEN T OFFICER ................................................................................ 7
2.11.1 ENCROACHMEN T OCCURRI NG IN GOOD FA ITH ................................................................. 7
2.11.2 DEVELOPMEN T OFFICER VARIANCES ................................................................................ 8
2.12 A PPLI CATI ONS AND DEVELOPMENT PERM IT APPROVALS ......................................................... 8
2 .12.1 COUNCI L AND PLANN I NG ADVISORY COMMITTEE A PP LI CATIONS ..................................... 8
2.12.2 DEVELOPMENT PERM IT APPROVALS ................................................................................. 9
2.13 BY-LAW AND SECTION 59 AMENDMENTS ................................................................................. 9
2.14 PROTECTION OF GROUND WATER CAPACITY .......................................................................... 10
3. DEFINITIONS .................................................................................................................................. 11
4. GENERAL PROVISIONS ................................................................................................................... 28
4.1 USES PERMITTED IN ALL ZONES .............................................................................................. 28
4.2 USES PROHIBITED IN ALL ZONES ............................................................................................. 28
4.3 COMMERCIAL AND INDUSTRIAL DEVELOPMENT ABUTTING A RESIDENTIAL ZONE .................. 28
4.4 COMMERCIAL VEHICLE PARKING ............................................................................................ 28
4.5 CONVERTED DWELLINGS ........................................................................................................ 29
4.6 FENCES ................................................................................................................................... 29
4.7 GARBAGE ENCLOSURES AND STORAGE .................................................................................. 30
4 .8 GASOLll'JE BARS, SERVICE STATIONS, AND COIV!MERC!AL GARAGES ....................................... 30
4.8.1 PUMP ISLANDS ............................................................................................................... 30
4.8.2 LONG TERM PARKING ..................................................................................................... 30
4.8.3 DISPENSING OF GASOLINE AND DIESEL FUEL .................................................................. 31
4.9 HEIGHT EXCEPTIONS .............................................................................................................. 31
4.10 INFILL BUILDING LINE ............................................................................................................. 31
4.11 LANDSCAPING ........................................................................................................................ 31
4 .11.1 GENERAL LANDSCAPING PROVISIONS ............................................................................. 31
4.11.2 LANDSCAPING STANDARDS ............................................................................................ 32
4.12 LIGHTING ............................................................................................................................... 33
4.13 LINE OF VISION AT AN INTERSECTION ..................................................................................... 33
4.14 LOTS TO ABUT STREETS .......................................................................................................... 33
4.15 LOTS WITH 15% GRADE .......................................................................................................... 33
4.16 MINIMUM FLOOR ELEVATION ABOVE FLOOD LEVEL. .............................................................. 33
4.17 NUMBER OF MAIN BUILDINGS OR STRUCTURES ON A LOT ..................................................... 34
4.18 PARKING, LOADING, AND ACCESS ........................................................................................... 34
4.18.1 GENERAL PARKING PROVISIONS ..................................................................................... 34
4.18.2 PARKING SPACE REQUIREMENTS BY USE ........................................................................ 36
4.18.3 BARRIER FREE PARKING .................................................................................................. 37
4.18.4 LOADING/ UNLOADING STANDARDS .............................................................................. 38
4.18.5 QUEUING SPACES ........................................................................................................... 39
4 .19 PERMITTED ENCROACHMENTS AND PROJECTIONS ................................................................. 39
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4.20 PETROLEUM STORAGE SITES .................................................................................................. 40
4.21 REDUCTION OF YARDS ........................................................................................................... 40
4.22 SETBACKS FROM WATERCOUR SES .......................................................................................... 40
4.23 STRIPPING OF TOPSOIL & EXCAVATION OF MATERIALS .......................................................... 40
4.23.1 STRIPPING OF TOPSOIL ................................................................................................... 40
4.23.2 EXCAVATION OF MATERIALS ........................................................................................... 40
4.24 TEMPORARY CONSTRUCTION TRAILERS ................................................................................. 42
4.25 TEMPORARY OR PORTABLE GARAGES .................................................................................... 43
4.26 UNDERSIZED LOTS .................................................................................................................. 43
4.27 UTILITIES AND INFRASTRUCTURE ........................................................................................... 43
4.28 VEHICLE BODIES ..................................................................................................................... 43
4.29 YARDS ..................................................................... .' .............................................................. 44
5. STANDARDS FOR USES PERMITTED IN MULTIPLE ZONES ................................................................ 45
5.1 ACCESSORY BUILDINGS AND STRUCTURES ............................................................................. 45
5.1.1 GENERAL PROVISIONS ACCESSORY BUILDINGS AND STRUCTURES .................................. 45
5.1.2 ACCESSORY BUILDINGS OR STRUCTURES ERECTED PRIOR TO MAIN BUILDING ................ 46
5.1.3 SHIPPING CONTAINERS AS ACCESSORY BUILDINGS ......................................................... 46
5.1.4 SWIMMING POOLS ......................................................................................................... 47
5.1.5 SWIMMING POOL ENCLOSURES ..................................................................................... 47
5.1.6 SWIMMING POOLACCESS .............................................................................................. 47
5.2 BED AND BREAKFASTS AND TOURIST HOMES, INCLUDING INNS ............................................. 47
5 .3 BOARDING AND ROOMING HOUSES ....................................................................................... 48
5.4 DAY CARES ............................................................................................................................. 48
5.4.1 NEIGHBOURHOOD DAY CARES ........................................................................................ 48
5.4.2 DAY CARE CENTRE .......................................................................................................... 49
5.5 GARDEN SUITES ..................................................................................................................... 49
5.6 HOME OCCUPATIONS ............................................................................................................. 49
5.6.1
5.6 .2
5.6.3
HOME OCCUPATION GENERAL REQUIREMENTS ............................................................. 49
HOME OCCUPATIONS PERMITTED BY DEVELOPMENT PERMIT.. ...................................... 50
HOME OCCUPATIONS PERMITTED BY COMMITTEE APPROVAL ....................................... 50
5.6.4 ADDITIONAL REQUIREMENTS FOR PET GROOMING HOME OCCUPATIONS ..................... 50
5. 7 KEEPING OF CHICKENS ........................................................................................................... 50
5.8 OUTDOOR STORAGE .............................................................................................................. 51
5.9 SECONDARY SUITES .................................. : ............................................................................. 51
5 .10 SUPPORTIVE FACILITY ............................................................................................................. 52
6 . RESIDENTIAL ZONES ....................................................................................................................... 53
6.1 ONE UNIT RESIDENTIAL (Rl) ................................................................................................... 53
6 .1.1 PERMITTED USES: ........................................................................................................... 53
6.1.2 SECONDARY USES ........................................................................................................... 53
6.1 .3 CONDITIONAL USES ........................................................................................................ 53
6.1.4 ZONE STANDARDS .......................................................................................................... 53
6.2 SMALL LOT ONE UNIT RESIDENTIAL (RlS) ............................................................................... 55
6.2.1 PERMITTED USES ............................................................................................................ 55
6.2.2 SECONDARY USES ........................................................................................................... 55
CONDITIONAL USES ........................................................................................................ 55
6.2.4 ZONE STANDARDS .......................................................................................................... 55
6.3 ONE AND TWO-UNIT RESIDENTIAL (R2) .................................................................................. 57
6.3.1 PERMITTED USES: ........................................................................................................... 57
6.3.2 SECONDARY USES ........................................................................................................... 57
6.3.3 CONDITIONAL USES ........................................................................................................ 57
6.3.4 CONDITIONS OF USE ....................................................................................................... 57
6.3.5 ZONE STANDARDS .......................................................................................................... 58
6 .4 MEDIUM DENSITY RESIDENTIAL (R3) ...................................................................................... 60
6.4.1 PERMITTED USES: ........................................................................................................... 60
6.4 .2 SECONDARY USES ........................................................................................................... 60
6.4.3 CONDITIONAL USES ........................................................................................................ 60
6.4.4 CONDITIONS OF USE ....................................................................................................... 61
6 .4 .5 ZONE STANDARDS .......................................................................................................... 61
6.5 HIGH DENSITY RESIDENTIAL (R4) ............................................................................................ 63
6 .5 .1 SECONDARY USES ........................................................................................................... 63
6.5.2 CONDITIONAL USES ........................................................................................................ 63
6 .5 .3 CONDITIONS OF USE ....................................................................................................... 63
6 .5.4 ZONE STANDARDS .......................................................................................................... 63
7. COMMERC IAL ZONES ..................................................................................................................... 65
7 .1 DOWNTOWN COMMERCIAL (DC) ........................................................................................... 65
7.1.1 PERMITTED USES ............................................................................................................ 65
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7.1.2 SECONDARY USES ........................................................................................................... 66
7.1.3 CON DITIONAL USES ........................................................................................................ 66
7.1.4 COND ITIONS OF USE ....................................................................................................... 66
7.1.5 ZONESTANDARDS .......................................................................................................... 67
7.2 MIXED USE (MU} ZONE ........................................................................................................... 69
7.2.1 PERMITTED USES ............................................................................................................ 69
7.2.2 SECONDARY USES ........................................................................................................... 69
7.2.3 CON DITIONAL USES ........................................................................................................ 69
7.2.4 CONDITIONS OF USE ....................................................................................................... 70
7 .2.5 ZONE STANDARDS .......................................................................................................... 70
7.3 GENERAL COMMERCIAL (Ge) ................................................................................................. 72
7.3.1 PERMITTED USES ............................................................................................................ 72
7.3.2 COND ITIONAL USES ........................................................................................................ 72
7 .3.3 CONDITIONS OF USE ....................................................................................................... 73
7.3.4 ZONE STANDARDS .......................................................................................................... 73
7.4 HIGHWAY COMMERCIAL (HC) ................................................................................................ 74
7.4.1 PERMITTED USES ............................................................................................................ 74
7 .4.2 CONDITIONAL USES ........................................................................................................ 74
7.4.3 CONDITIONS OF USE ....................................................................................................... 74
7.4.4 ZO NE STANDARDS .......................................................................................................... 75
8. INSTITUTIONA L (INST) .................................................................................................................... 76
8.1 PERMITTED USES .................................................................................................................... 76
8 .2 CONDITIONAL USES ................................................................................................................ 76
8.3 CONDITIONS OF USE .............................................................................................................. 76
8.4 ZONE STAN DARDS .................................................................................................................. 77
9. INDUSTRIAL ZONES ........................................................................................................................ 78
9 .1 LIGH T INDUSTRIAL (LI} ............................................................................................................ 78
9 .1.1 PERMITTED USES ............................................................................................................ 78
9.1.2 · CONDITIONAL USES ........................................................................................................ 78
9.1.3 CONDITIONS OF USE ....................................................................................................... 78
9.1.4 ZONE STANDARDS .......................................................................................................... 79
9.2 MEDIUM INDUSTRIAL (I M) ..................................................................................................... 80
9.2.1 PERMITTED USES ............................................................................................................ 80
9.2.2 CONDITIONAL USES ........................................................................................................ 80
9.2.3 CONDITIONS OF USE ....................................................................................................... 80
9.2.4 ZONE STANDARDS .......................................................................................................... 80
10. PARKS {P) ................................................................................................................................... 81
10.1 PERMITTED USES .................................................................................................................... 81
10.2 CONDITIONAL USES ................................................................................................................ 81
10.3 ZONE STANDARDS .................................................................................................................. 81
11. GREEN BELT {GB) ....................................................................................................................... 82
11.1.1 PERMITTED USES ............................................................................................................ 82
11.1.2 CONDITIONS OF USE ....................................................................................................... 82
11.1.3 ZONE STANDARDS .......................................................................................................... 82
12. AGRICULTURAL AND RURAL LANDS (AR} .................................................................................... 83
12.1 PERMITTED USES .................................................................................................................... 83
12.2 CONDITIONAL USES ................................................................................................................ 83
12.3 CONDITIONS OF USE .............................................................................................................. 83
13. FEDERAL CROWN LANDS ............................................................................................................ 84
14. EXEMPTIONS .............................................................................................................................. 85
SCHEDULES ........................................................................................................................................... 86
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Town of Sussex Zoning By-Law
By-Law #1350-21
The Council of the Town of Sussex under authority vested in it by the Community Planning Act, enacts. as
follows:
1. A Zoning By-law for the physical development of the municipality is hereby adopted.
2. The document entitled "Town of Sussex Zoning By-Law #1350-21" dated December 20, 2021
constitutes the Zoning By-law mentioned herein in section 1.
3. The invalidity of any section, clause, sentence or provision of this By-law shall not affect the
validity of any other part of this By-law which can be given effect without such invalid part or
parts.
4. Repeal
a. A By-law entitled "Zoning By-Law #1350-10", enacted on March 21, 2011, and
amendments thereto is hereby repealed.
b. A repeal of the By-law designed in subsection (i) thereof shall not affect any penalty,
forfeiture or liability, incurred before such repeal or any proceeding for enforc in g the
same, completed or pending, at the time of repeal, nor shall it repeal, defeat, disturb,
invalidate or prejudicially affect any matter of thing whatsoever completed, existing or
pending, at the time of repeal.
READ FIRST TIME BY TITLE:
READ SECOND TIME BY TITLE:
READ IN ENTIRETY:
READ THIRD TIME BY TITLE
AND ENACTED:
Planner ID: 88454
~
November 22, 2021
November 22, 2021
December 20, 2021
December 20, 2021
MAYOR
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I, Tara Olesen, of the Town of Sussex in the County
of Kings and Province of New Brunswick, T own Clerk,
DO SOLEMNLY DECLARE
1. THAT I am the Town Clerk of the Town of Sussex, a
municipal corporation, and have personal knowledge of the facts
herein declared;
2. THAT the requirements of Sections 110 and 111 of the
COMMUNITY PLANNING ACT have been complied with in respect to
Z ONING BY-LAW, BY-LAW #1350-21,
which was passed by the Town Council of the Town of Sussex on
DECEMBER 20, 2021;
AND I make this solemn declaration conscientiously
believing it to be true and knowing that it is of the same force and
effect as if made under oath and by virtue of the Canada Evidence
Act .
DECLARED before me at
the Town of Sussex,
County of Kings and
Province of New Brunswick
this day of
A.D., 2021.
Jac kl ~·n Dhme Tower
Comm issi oner of Oaths .1--
My Commission Expii:.r s,_. -(/'
December 3 1, 20~.
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_sJ.t/.':-~.--D~.:~---···
Town Clerk
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1. TITLE, SCOPE, INTERPRETATION, AND REPEAL
The Town Council of Sussex, under the authority of the Community Planning Act, enacts, as By-Law
Number 1350-21, the Zoning By-Law of the Town of Sussex, as follows:
1.1 TITLE
This By-Law may be cited as the "Zoning By-law".
1.2 PURPOSE
This By-law:
1.3
a) Divides the Town of Sussex into zones;
b) Prescribes, subject to the powers vested in the Council, the Planning Advisory Committee, and
the Development Officer, the purposes for which land, buildings, and structures in any zone may
be used and regulates the standards to which land use and the placement, erection, alteration,
and use of buildings and structures shall conform; and
c) Prohibits the use, placement, erection or alteration of land buildings or structures other than in
conformity with the purposes and regulated standards mentioned in paragraph (b);
SCOPE
a) No building or structure shall be erected, altered or demolished, nor the use of any building,
structure or lot be changed unless a Development/Building permit has been issued and no
Development/Building Permit shall be issued unless all of the provisions of this By-law are
satisfied.
b) Nothing in this By-law shall exempt any person from complying \AJith the requirements of the
Building By-law, Subdivision By-law or any other by-law in force within the Town of Sussex or to
obtain any license, permission, permit authority or approval required by this or any other By-law
of the Town or other lawful authority.
c)
1.4
Where the provisions of this By-law conflict with those of any other municipal, provincial or
federal regulations, by-laws or codes including regulations pertaining to on-site sewage disposal
systems, the higher or more stringent requirements shall prevail.
SEVERABILITY
If any provision of this By-law is declared by a court or tribunal of competent jurisdiction to be invalid,
that ruling shall not affect the validity of any other provision herein nor of the By-law as a whole.
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1.5 REPEAL
a) By-Law 1350-10 the Town Sussex Zoning By-Law and amendments thereto, is hereby repealed.
b) Notwithstanding the repeal of the By-law detailed in paragraph (a):
i. Section 59 Conditions, pursuant to the Community Planning Act, which have been
registered prior to the coming into force of this By-law shall remain in force;
i i. Nothing in this By-law will prohibit a development for which a permit was granted by
the Development Officer prior to the coming into force of this By-law, but any time
limits estab l ished by such permit shall continue to operate.
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2. ZONES AND ADMINISTRATION
2.1 ADMINISTRATION
The Development Officer administers this By-law and makes any necessary determinations with regards
to the provisions herein.
2.2 ZONING MAP
The geographical area within the boundaries of the Town of Sussex are divided into zones as shown on
the Zoning Map in Schedule A.
2.3 ZONES
The following zones appear on the Zoning Map in Schedule A. The table below provides the zone and
the corresponding symbol.
One -Unit Residential Rl
Sma ll-Lot One-Unit Residential RlS
One-and Two-Unit Residential R2
Medium Density Residential R3
High Density Residential R4
Downtown Commercial DCC
General Commercial GC
Highway Commercial HC
Mixed Use MU
Industrial I
Institutional INST
Parks and Recreation p
Rural and Agricultural RU
Environmental Protection EP
Federal Lands F
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2.4 ZONE BOUNDARIES
Zone boundaries are subject to the following:
a) Where a zone boundary follows a lot line, that lot line is the zone boundary;
b) Where a zone boundary follows the sideline of a highway, road, lane or street, such sideline is
the zone boundary;
c) Where a zone boundary follows a transmission right-of-way, rail right-of-way or watercourse,
the centre of that feature is the zone boundary;
d) Where a zone boundary follows the Town boundary, the Town boundary is the zone boundary;
e) Should any feature described in this section cease to exist, the centre of the former feature is
the zone boundary;
f) Where a watercourse has been altered by the adding offill for the purposes of creating land, the
water edge of the fill is the zone boundary of the lot immediately adjacent to the filled land,
provided the filled area does not exceed 150 square metres; and
g) Where none of the above applies, the zone boundary is determined by measuring the Zoning
Map directly.
2.5 PROPERTIES AFFECTED BY MORE THAN ONE ZONE
Where a lot is situated within more than one zone, the provisions of each zone shall be applied to the
corresponding areas of the lot .
2.6 BY-LAW APPLICABILITY AND ENFORCEMENT
a) No person shall within any zone use any land or place, erect, alter, or use any building or
structure except in accordance with the provisions of this By-law.
b) Pursuant to subsection 92(1) of the Community Planning Act, the Development Officer or a
person authorized by Council has the right to enter at all reasonable times upon any property
within the Town of Sussex for the purpose of making any inspection that is necessary for the
administration of this By-law.
c) Pursuant to subsection 93(1) of the Community Planning Act, if a development is undertaken in
contravention of the Community Planning Act or this By-law or terms and conditions imposed on
the development, Council, or if authorized by Council, the Development Officer, Building
Inspector or other person, may order cessation of the development, alteration of such
development so as to remove the contravention, or the doing of anything required to restore
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the land, building, or structure to its conditions immediately prior to the undertaking of such
development.
d) Further By-law Enforcement is pursuant to the provisions of the Community Planning Act and
other application provincial legislation.
2.7 USES
a) If a use is not listed as a permitted, conditional, accessory or secondary use in a particular zone,
it is hereby deemed to be a prohibited use in that zone unless determined to be a similar use by
the Planning Advisory Committee in accordance with Section 2.10 of this By-law.
b) Where this By-law provides that any land may be used, or that a building or structure may be
erected or used for a purpose, the purpose is deemed to include any use accessory or ancillary
thereto, subject to the requirements of that zone.
c) When two or more permitted uses are located or are to be located in one building or on one lot,
and when the regulations applicable to these uses are different, and unless otherwise specified,
the most restrictive regulations shall be deemed to be in force for that lot or building.
2.8 MEASUREMENTS AND CALCULATIONS
2.9
a) Numerical requirements in this By-law are provided in metric units of measurement.
b) A numerical requirement shall be determined by measuring the closest distance in a straight line
drawn along a horizontal plane and not by following the topography or slope of the land except
as otherwise provided by this By-law.
c) Where the calculation of a numerical requirement results in a fraction:
i. A fraction of less than one-half shall not be taken into consideration; and
ii. A fraction of one-half or more shall require rounding to the next higher full number.
POWERS/ ROLE OF COUNCIL
2.9.1 NON-CONFORMING USE
a) Pursuant to subsection 61(1) of the Community Planning Act, Council may require that any land,
building or structure _containing a non-conforming use shall be maintained and kept in a
condition appropriate to the area in which it is located, in accordance with the standards
prescribed by the Council.
b) Pursuant to subsection 61(3) of the Community Planning Act, if the standards prescribed under
paragraph (a) are not complied with, Council may perform, at the expense of the owner or
occupier, the work required to meet the standards or require the termination of the use.
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2.9.2 SATISFACTORY SERVICING
No building may be erected within the Town if, in the opinion of Council, satisfactory arrangements have
not or cannot be made for the supply of electrical power, water, sewerage, streets, and other services
and facilities.
2.10 POWERS/ROLE OF THE PLANNING ADVISORY COMMITTEE
The Planning Advisory Committee is an appointed body under Sections 3 to 8 of the Community
Planning Act. The Planning Advisory Committee's role is to advise and make recommendations to
Council on matters relating to community planning; to give its views on any by-law proposed to be made
under the Community Planning Act; and, to exercise the powers and perform the duties given to it by
the Community Planning Act or Council.
2.10.1 CONDITIONAL USES
a) Conditional uses are approved subject to terms and conditions imposed by the Planning
Advisory Committee.
b) Conditional uses may be prohibited by the Planning Advisory Committee where compliance with
terms and conditions imposed under clause {a) cannot be reasonably expected.
c) Conditional uses are listed under each zone as "Conditional Uses".
d) Council may enter into an agreement to assure the performance of the terms and conditions set
out in subsection 2.10.l(a).
2.10.2 NON-CONFORMING USE
Pursuant to Section 60 of the Community Planning Act, the Planning Advisory Committee may authorize:
a) The recommencement of a non-conforming use that has been discontinued for a period of ten
consecutive months;
b) The repair, restoration or use of a building or structure containing a non-conforming use which,
in the opinion of the Planning Advisory Committee, has been damaged to the extent of at least
half of the whole building or structure, exclusive of the foundation;
c) The extension of a non-conforming use into a part of a building that was constructed
subsequent to the date the use become non-conforming; or
d) The change of a non -conforming use to a similar non-conforming use.
2.10.3 SIMILAR OR COMPATIBLE USES
Pursuant to Section 55(1) of the Community Planning Act, the Planning Advisory Committee may permit,
subject to the terms and conditions it considers fit, a proposed use of land or a building that is otherwise
not permitted under the zoning by-law if, in its opinion, the proposed use is sufficiently similar to or
compatible with a use permitted in the by-law for the zone in which the land or building is situated.
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2.10.4 TEMPORARY APPROVALS
Pursuant to Section 53(2) of the Community Planning Act, the Planning Advisory Committee may,
subject to the terms and conditions it considers fit:
a) Authorize for a temporary period not exceeding one year a development otherwise prohibited
by this by-law;
b) Authorize, for an additional temporary period not exceeding one year, a development
otherwise prohibited by this by-law if:
i. The applicant holds an authorization under subparagraph (a) that is to expire or
has expired,
ii. An application with respect to the land has been made to amend this by-law,
and
iii. The Planning Advisory Committee has received a resolution from Council
confirming that Council will consider the application referred to in (ii)
c) Require the termination or removal of a development authorized under subparagraph (a) or (b)
at the end of the authorized period.
2.10.5 VARIANCES
Pursuant to Section 55{1)(b) of the Community Planning Act, the Planning Advisory Committee may
permit, subject to the terms and conditions it considers fit, a reasonable variance from the requirements
of this By-law authorized by section 53(2)(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 keeping with the
general intent of the by-law and the Town's Municipal Plan.
2.10.6 DELEGATED AUTHORITY
Pursuant to Section 53(2)(j) of the Community Planning Act, the Planning Advisory Committee may
delegate its authority to the Development Officer.
2.11 POWERS OF THE DEVELOPMENT OFFICER
2.11.1 ENCROACHMENT OCCURRING IN GOOD FAITH
Pursuant to subsection 53(7) and 53(8) of the Community Planning Act, if the location of a building or
structure encroaches up to 60 cm on a setback requirement under subsection 53(2)(a)(v) of the
Community Planning Act or encroaches up to 30 cm on a yard requirement under subsection 53{2)(a)(iv)
of the Community Planning Act, the encroachment does not constitute a violation of the requirements
of this By-law, if the Development Officer determines the encroachment to have occurred in good faith.
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2.11.2 DEVELOPMENTOFFICERVARIANCES
Pursuant to Section 55(2) of the Community Planning Act and subject to the terms and conditions they
consider fit, the Development Officer may permit a reasonable variance from the requirements referred
to in subsections 53(2)(a)(i), (iii), (iv), (v), (vii), (ix), and (xiii) of the Community Planning Act and
referenced in the li st below, if the Development Officer is of the opinion that the variance is desirable
for the development of a parcel of land or a building or structure and is in keeping with the general
intent of thi s By-law and the Town 's Municipal Plan .
a) 53(2)(a)(i) the minimum size and dimensions of lots and other parcels into which l and may
be subdivided, and the minimum and d imensions of la nd required for a particular class of
use or size of building or structure ;
b) 53(2)(a)(iii) the height, number of storeys, ground area , floor area and bulk of bui ldings and
structures;
c) 53(2)(a)(iv) the percentage of land that may be built on, and t he depth, size or area of yards,
courts, parking areas and open spaces;
d) 53(2)(a)(v) the placement, location and arrangement of buildings and structures, including
their setting back from the boundaries of streets and other public area s, and from rivers,
streams or other bodies of water;
e) 53(2)(a)(vii) the placement, height, and maintenance of fences, walls, hedges, shrubs, trees,
and other objects;
f} 53(2)(a)(ix) the facilitie s to be provided and maintained for off-street parking and loading of
vehicles;
g) 53(2)(a)(xiii) the location, dimensions, standards of construction and purposes of advertising
signs and billboards
2.12 APPLICATIONS AND DEVELOPMENT PERMIT APPROVALS
2.12.1 COUNCIL AND PLANNING ADVISORY COMMITTEE APPLICATIONS
a) Council applications include:
i. Amendment to the Town's Municipal Plan
ii. Amendment to this By -law
iii. A resolution pursuant to Section 59 of the Community Planning Act
b) Planning Advisory Committee Applications include:
i. Similar or Compatible Use
ii. Temporary Approval
iii. Non-Conforming Use
iv. Variance
c) Development Officer Applications include:
i. Variances
ii. Development Permits
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d) Applications submitted under (a), (b), and (c) shall be submitted in the form prescribed by
the Council and accompanied by the appropriate fee. An application shall be signed by the
registered lot owner or an authorized agent thereof.
2.12 .2 DEVELOPMENT PERMIT APPROVALS
2.12.2.1 DEVELOPMENT PERMIT REQUIRED
Pursuant to subsection 53(2)(b) of the Community Planning Act, a permit must be obtained when:
a) a change in the purpose for which land or a building or structure is used;
b) the use of land buildings and structures for the purpose of displaying advertising signs or
billboards;
c) or an excavation of sand, gravel, clay, shale, limestone or other deposits for purposes of
the sale or other commercial use of the material excavated is proposed.
2.12.2.2 DEVELOPMENT PERMIT NOT REQUIRED
Notwithstanding 2.12.2.1 the following developments do not require a development permit, but may
require a building permit under the Town's Building By-Law:
a) Alterations to the interior of a building that do not change the use;
b) Alterations to the exterior of a building that does not increase the exterior dimensions or
size;
c) Changes to the copy of a sign where the sign copy area does not increase;
2.13 BY-LAW AND SECTION 59 AMENDMENTS
a) A person who seeks to have this By-law amended shall address a written and signed
application to Council in a form satisfactory to Council along with the applicable fee;
b) Council may, if it deems fit, return all or any part of the fee mentioned in subsection (a).
c) An application under this section shall include such information as may be required by
Council for the purpose of adequately assessing the desirability of the proposal.
d) Council may refuse to consider an application under this section if such application:
i. Seeks to change an area of land from one type of zoning to another contrary to
the designation of the land in the Municipal Plan; or
ii. Has not been signed by all registered owners of each property proposed for
rezohing or an agent or agents for all of the owners.
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e) Where a property abuts a line separating designations in the Municipal Plan, it may be
considered to be within either designation for the purposes of considering an amendment
to this By-law.
2.14 PROTECTION OF GROUND WATER CAPACITY
In setting out terms and cond itions for any rezoning or Conditional Use that involves permanent or
temporary accommodation of large numbers of people (commercial/institutional or residentia l uses) or
a business/industry that uses a large quantity of water, the Planning Advisory Committee and/or Council
will require sufficient evidence (engineering report, hydrogeo logica l study, etc.) to be reviewed by the
Town Engineers, to consider that there is adequate capacity not to adverse ly affect existing water
supply.
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3. DEFINITIONS
In this By-law, words have their ordinary meaning except when indicated or defined otherwise:
"abut" means adjoining and having access thereto directly.
"access" means an access, exit or driveway from a street to a lot.
"accessory building/ structure" means a building that is incidental, subordinate, and exclusively
devoted to the main use, main building, or structure located on the same lot.
"accessory or incidental use" means a permitted use in a zone that is incidental to and exclusively
devoted to a main use of any land, building, or structure located on the same lot.
"accommodation" means an establishment that provides lodging for travelers, and includes, but is not
limited to, a bed and breakfast, hotel, or motel but does not include a hostel or rooming house.
"Act, the" means the Community Planning Act of New Brunswick.
"active transportation" means modes of transportation that rely on human power including, but not
limited to, walking, jogging, cycling, in-line and roller skating, skateboarding, wheelchair use,
snowshoeing, and skiing.
"adult entertainment facility" means an establishment where service or entertainment appealing to, or
designed to appeal to, an erotic or sexual appetite or inclination is provided.
"agricultural use" means the cultivation of the soil to produce a crop or the raising of a domestic animal
including, but not limited to, the growing of a crop, an agro-forestry operation, garden, greenhouse, maple
syrup production, nursery, orchard, or vineyard, or the keeping and raising of bees, fish, fowl, livestock,
or fur or wool bearing animals.
"alter" means to make any change, structural or otherwise, in a building or structure, which is not for the
purpose of maintenance only;
"amenity space" means that part of a lot or building intended to be used privately or commonly for
recreation or relaxation, such as, but not limited to, a balcony, courtyard, deck, garden, garden room,
gym or fitness room, landscaped area, lounge area, gaming or computer room, movie room, pergola,
play area, porch, rooftop deck, swimming pool, or veranda, but does not include a driveway or a parking
lot.
"amusement place" means an amusement park or an establishment, other than a private club or an
establishment authorized to serve beer or spirit, which for profit provides facilities for dancing, games,
the showing of motion pictures or any form of entertainment, amusement or recreation, whether or not
in conjunction with a restaurant or other commercial establishment.
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"architect" means a person who is a registered member or licensee of the Architects' Association of
New Brunswick authorized to practise architecture in New Brunswick.
"artist or craftsperson studio" means an establishment used for creating, finishing, refinishing, or
similar production of custom or handmade commodities together with the retailing of such
commodities .
"assembly use" means the occupancy or use of a building, or part thereof, by a gathering of persons for
civic, political, travel, religious, social, educational, recreational, or like purposes, and may include the
consumption of food or drink.
"auto service drive-thru" means a drive-thru facility designed for express servicing of vehicles and
includes, but is not limited to, a quick-lube or quick-oil change business .
"banquet hall" means a room or building used for hosting a party, banquet, function, reception or other
social event such as a dinner theatre, and may include an area for food preparation. The use may be
licensed with a Dining Room or Special Facility Licence under the Liquor Control Act.
"bachelor or studio apartment/unit" means a dwelling in which the sleeping and living areas are
combined into one habitable room with kitchen, and sanitary facilities.
"balcony" means a horizontal platform attached to a building above the first storey floor level that is
intended for use as an outdoor amenity space.
"bar, lounge, or nightclub bar" means an establishment licensed as a Lounge under the Liquor Control
Act where liquor is served to the public, which may include live entertainment as a secondary use.
"barrier free parking space" means a parking space designed for the exclusive use of a person with a
disability who displays on or in a vehicle a disabled persons identification plate, permit or placard issued
under the authority of the Motor Vehicle Act.
"basement" means that portion of a building which is partly underground but which has an average of
at least one-half of its height on three sides above the grade of the lot at such walls. May also be defined
as a cellar.
"bed and breakfast" means a part of a dwelling where the resident owner or resident provides
accommodations with or without meals to the travelling public.
"bedroom" means an area or room in a dwelling primarily used for the sleeping activities of a person or
persons.
"billboard sign" means a ground sign that displays third-party advertising .
"block face" means the main buildings within 60 metres of a lot on the same street.
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"building" means any roofed structure with solid exterior walls, whether temporary or permanent,
designed or used for the accommodation, enclosure, or shelter of an animal , chattel , person, or
material, but does not include a trailer or mini or mobile home.
"building inspector" means the person appointed by Council as the Building Inspector for the Town, or
any person designated by the Building Inspector to perform a duty on behalf of the Building Inspector
with respect to this By-law.
"building line" means any line defining the positions of a building or structure on a lot.
Principal.Building
"building permit" means a permit issued under the Town's Building By-Law.
"business office" means any building or part of a building in which one or more persons are employed in
the management, directing or conducting of an agency, business, brokerage, labour or fraternal
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organization but does not include such uses as retail sales, manufacture, assembly or storage of goods
or places of assembly or amusement
"cannabis" means cannabis as defined by the Government of Canada, pursuant to the Federal Cannabis
Act, and the Provincial Cannabis Control Act.
"cannabis production facility" means a facility and premises authorized by a license issued pursuant to
the Federal Cannabis Act for growing, producing, testing, destroying, storing, or distribution of cannabis
but does not included the retail sales of cannabis or cannabis related products .
"cannabis retail sales" means the sale of cannabis or cannabis related products to the general public.
"carport" means a building or structure without walls on at least two sides used for the parking or the
storage of motor vehicles.
"car wash" means an establishment for the public where a vehicle is washed within a building or within a
permanent structure, but does not include a mobile car wash
"cemetery" means any land, building, or structure used for burying or interring the dead, and may
include associated building for grounds keeping, equipment storage, or administrative office space but
does not include facilities associated with cremation.
"chicken" means the female of the gal/us gal/us domesticus species and does not include roosters, toms,
drakes, guineas or geese.
"Clean Water Act" means the Clean Water Act, SNB 1989, c C-61, of the Province of New Brunswick.
"clerk" means a clerk of a local government appointed under the Local Government Act.
"commercial entertainment" means any use where amusement or entertainment is provided to the
public for a fee, such as, but not limited to, an arcade, auditorium for the performing arts, bingo hall,
bowling alley, cinema or movie theatre, or other such amusement place, but does not include an adult
entertainment facility or a casino.
"commercial group" means two or more commercial buildings located on a lot or adjoining lots that
have been designed as a unified development with respect to the placement of buildings and any
associated accessory buildings or structures, amenity spaces, driveways, landscaping, or parking areas.
"commercial recreation facility" means a recreational facility operated as a business for gain or reward.
"commercial use" means any permitted use where the primary purpose is to sell , lease, or rent a
product or service directly to the public, including, but not limited to, retail sales, commercial
entertainment, or personal or professional services, but does not include any residential use.
"commercial vehicle" means any vehicle that is licensed as a commercial carrier as determined by the
Registrar of Motor Vehicles
"community centre" means an establishment that provides for non-commercial purposes cultural,
educational, recreational, or social activity or event.
"community garden" means an area of land cultivated by the public.
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"conditional use" means those uses of land, buildings and structures which are permitted, subject to
terms and conditions imposed by the Planning Advisory Committee and which use may be prohibited by
the Planning Advisory Committee, where compliance with terms and conditions imposed by it cannot be
reasonably expected.
"convenience store" means a retail store not exceeding 300 square metres in gross floor area, which
serves the daily or occasional needs of the residents of the immediate area with a variety of goods such
as groceries, meats, beverages, dairy products, patent medicines, sundries, tobacco, hardware,
magazines and newspapers.
"Council" means the mayor and councillors of the Town of Sussex.
"cultural establishment" means any use that provides display, storage, restoration, or an event related
to art, literature, music, history, performance or science, and includes, but is not limited to, an art
gallery, archive, auditorium, library, museum, performing arts or interpretive centre or theatre.
"day care centre" means an establishment that provides care and supervision for up to 60 children as
regulated by the Family Services Act or the Early Childhood Services Act.
"development" means:
a) The erecting, placing, relocating, removing, demolishing, altering, repairing or replacing of a
building or structure other than utility poles and wires, traffic control devices and pipelines
defined in the Pipeline Act, 2005 except for buildings and structures remote from a pipeline
used for management and administration or housing or storing of moveable equipment or
statutory notices;
b) Any change in the purpose for which any land, building, or structure is used;
c) Any excavation of sand, gravel, clay, shale, limestone, or other deposit for a development
mentioned in (a) or for purposes of the sale or other commercial use of the material
excavated; or
d) The making of land by cutting or filling to a depth in excess of one metre except in the case of
laying pipelines defined in the Pipeline Act, 2005.
"Development Officer" means the person appointed by Council as the planning officer, or any person
delegated authority by the municipal planning officer with respect to this By-law.
"development permit" means a permit issued under this By-law which pertains to:
a) Any change in the purpose for which land or a building or structure is used with respect to a
main use or a secondary use;
b) The use of land, buildings, and structures for a sign pursuant to the Town's Sign By-law; or
c) An excavation of sand, gravel, clay, shale, limestone, or other deposit for purposes of the sale
or other commercial use of the material excavated pursuant to section 4.24 of this By-law.
"driveway" means the portion of any lot or parking lot designed or intended to provide vehicular access
from a street to a parking space or parking aisle.
"dwelling" means a building or part of a building designed, occupied, or intended as a home, living
quarters, or residence by one or more persons and containing one or more separate dwelling units, but
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does not include a hostel, hotel, motel, rooming house, mobile or mini home, supportive faci l ity or
supportive housing.
"dwelling, converted" means a building which was originally constructed as a one-unit dwelling or two
unit dwelling that has been lawfully converted into a two-unit dwelling or a multiple dwelling.
"dwelling, duplex" means a residential building divided horizontally into an upper and a lower separate
dwelling unit each of which has an independent entrance, either directly or through a common vestibule.
1 lnit A ...,,, ..... ,,
UnitB
"dwelling, mini or mobile home" means any dwelling other than a mobile home that is manufactured
and designed to be transported as one integral unit. A mini home is a minimum of 4.88 metres wide and
a maximum of 5 .0 metres wide (excluding eaves), a maximum of 21 metres in length and a maximum of
4.4 metres in height.
"dwelling, multiple" means a dwelling containing more than two dwelling units.
"dwelling, one unit" means a detached building having independent ex t erior walls, designed or used
exclusively for residential purposes and containing only one main or primarily dwelling unit.
Unit
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"dwelling, row or townhouse" means housing consisting of a building containing a row of three or more
dwellings joined in whole or in part by vertical common walls. Each dwelling shall have separate and direct
access to grade.
"dwelling, semi-detached" means a dwelling unit attached to one other dwelling unit by a common above
grade wall with each dwelling unit located on a separate lot;
Unit A Unit B
"dwelling two-unit" means a duplex or semi -detached dwelling.
"dwelling unit" means a room or suite of two or more rooms designed or intended for use by a person or
persons in which culinary facilities, kitchen, and sanitary conveniences are provided for the exclusive use
of such person or persons;
"erect" means to construct, build, assemble or relocate a building or structure, and includes any physical
operations preparatory thereto;
"excavation of land". means any act, operation, or process by which earth, sand, gravel , stone, rock,
clay, or similar material Is cut into, dug, uncovered, removed, displaced, relocated, or bulldozed,
including the conditions resulting therefrom, provided the excavation extends to a depth of 1 metre
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below the undisturbed surface which existed before the exaction began.
"farmers market" means an establishment where local farm products, which may also include other
foods, beverages, or arts and crafts, are sold to the public by a group of retailers from within a building
or outside of a building.
"financial service" means an establishment where money is depo sited, retained, loaned, exchanged, or
managed, and includes, but not limited to, a bank, credit union, or trust company.
"flankage" yard means, the yard on a corner lot which is not the front yard .
"flood plain" means an area of low-lying land that is subject to flooding from adjacent or nearby
waterbodies.
"floor area" means the aggregate of the horizontal areas of each floor in a building or structure measured
from the exterior of outside walls or outside finished partitions but excluding in the case of a dwelling,
any unfinished areas.
"frontage" refers to lot frontage.
"funeral home" means an establishment that provides the preparation of the dead for interment or
cremation and the holding of a memorial service, and may include the accessory sale and storage of
caskets, urns, and other related funeral items. An associated chape l or crematorium are permitted as
secondary uses
"garage, public" means a building used for making repairs to motor vehicles, whether for the public, for
business purposes, or for hire; and in which auto wrecking, and a used parts salvage operation are not
permitted except as an incidental part of such repairs;
"garage, portable or temporary" means a collapsible structure cov er ed with plastic or fabric, used for the
purpose of temporarily storing vehicles and/or the covering of driveways;
"garden centre" means any use of land, building, or structure for the display and sale of plants, gardening
or landscaping equipment or supplies .
"garden suite" means a detached secondary dwelling unit on the same lot as a main building and serviced
from th e main building.
"gasoline bar" means an establishment where motor vehicle fuel and other l iquids necessa ry for the
operation of a vehicle are sold to the general public, and may include the sale of convenience items .
"Service Station" is a separate use.
"grade" means the finish ed level of the ground at the exterior walls of a building or structure;
"greenhouse" mean s a primary or acce ssory building whose roof and sides are made largely of glass or
other transparent or translucent material and in which the temperature and humidity can be regulated
for th e cultivation of d elicate or out-of-season plants for subsequent sale or for persona l enjoyment.
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"ground floor area" means the floor area of the first storey of a building located at or above grade.
"group home" means a residence for the accommodation of five or more persons, exclusive of staff, living
under supervisio n in a single housekeeping unit and who, by reason of their emotional, mental, social or
physical condition or legal status, require a group living arrangement for their wellbeing. A Group Home
does not include a daycare facility, a halfway house or a facility for the temporary care of transient and
homeless persons or foster care.
"habitable space" means the space within a dwelling unit in which living functions are carried on, and
includes living rooms, dining rooms, kitchens, bathrooms, dens, recreation rooms, storage rooms, and
workshops, including those located in a basement or cellar.
"health, fitness, and wellness facility" means an establishment providing health, fitness, and recreational
activities, such as, but not limited to, boxing, dancing, gymnastics, martial arts, weightlifting, yoga, or
other forms of physical exercise. This use may also include the incidental sale of health and fitness
merchandise.
"height" means, in relation to a building or structure, the vertical distance as measured from mean grade
to the highest point on such building or structure;
"heritage building" means a home or building that has been designated by the Province of New Brunswick
or the Government of Canada as a property possessing cultural or historical significance;
"home occupation" means, subject to Section 22 of this By-law, an occupation or business which is
conducted in a portion of a dwelling unit or accessory building by a person who uses the dwelling unit and
subsequent lot as their primary place of residence and which is clearly secondary and incidental to the
residential use of the dwelling unit.
"hostel" means an establishment where temporary lodging is provided for individual travellers or
transients in a shared or dormitory style room, but does not include a hotel, motel, or rooming house.
"hotel or motel" means a building providing temporary accommodations for travelers or transients on a
year-round basis, and may have a public dining room and convention meeting room.
"household pet" means a dome stic animal customarily kept within a dwelling or in an outside pen or
accessory building for the sole purpose of pleasure, rather than for utility, and includes not more than 3
dogs, 3 cats, 3 rabbit s, or small birds or rodents in cages, but excludes cattle, sheep, horses, pigs, poultry,
bees and other animals kept as farm animals or livestock customarily found in an agricultural use.
"inn" see bed and breakfast/ tourist home.
"institution" means land, building, structures, or part of a structure used by any organization, group, or
association for the promotion of charitab le, educational or benevolent purposes
"kennel" means building or structure used for the enclosure of animals kept for a commercial purpose,
and may include premises used for the breeding, raising, training, she lteri ng, or boarding, or the overnight
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accommodation of dogs, cats, or other household pets, including a "doggie daycare" but shall not include
a veterinary clinic.
"lot" means a parcel of land or two or more adjoining parcels held by the same owner used or intended
to be used as the site for a building or an appurtenance thereto. ;
"lot area" means the total area within the lot lines of a lot, excluding the horizontal area of such lot usually
covered by water or marsh or beyond the rim of a river bank or watercourse, or between the top and toe
of cliffs or embankment having slope of thirty degrees or more from the horizontal;
"lot, corner" shall mean any lot situated at the intersection of and abutting on, two or more streets;
"lot coverage" means that percentage of the lot area that is permitted to be covered by all buildings and
structures, other than swimming pools, and shall not include that portion of such lot area which is
occupied by a building or portion thereof which is complete ly below ground level, and for the purpose of
this definition the maximum lot coverage in each zone shall be deemed to apply only to that portion of
such lot which is located within said zone;
"lot, interior" means a lot other than a corner or through lot;
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Through
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"lot frontage" means the distance between side lot lines measured along a line perpendicular to the
established centerline at the required setback from the front lot line. In the case of a corner lot, the front
and flankage lot lines shall be deemed to extend to their hypothetical point of intersection for the purpose
of calculating the frontage. In the case of a curved corner or where side lot boundaries are not parallel,
lot frontage means the distance between the side boundaries of the lot at the minimum front yard setback
measured parallel to the street or at right angles to the tangent in a curved street;
"lot line" means the common line between a lot and an abutting lot, land, or street.
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"lot line, flankage" means a side lot line, which abuts the street on a corner l ot;
"lot line, front" means the line dividing the l ot from the street or other means of access; and
a) in the case of a corner lot, the shorter boundary line abutting the street shall be deemed to be
the front lot line and the longer boundary line abutting the street shall be deemed to be the
flankage lot line; and where such lot lines are of equal length, the front lot line sha ll be the lot line
abutting the street upon which the building or structure erected or to be erected has its principal
entrance shal l be deemed the front lot line;
b) in the case of a lot which has as one of its boundaries the shore line of a lake or the bank of a
river, the lot line facing the access road sha ll be deemed to be the front lot line;
"lot line, rear" means the lot line farthest from or opposite to the front lot line;
"lot line, side" means a lot line extending from the street line to the rear of the l ot.
"lot, through" means a lot bounded on two opposite sides by streets or highways.
"lot width" mean where the side lot lines are parallel, the distance measured at right angles from suc h
lot lines across each lot and where such lot lines are not parallel, the distance between them at the
required front yard depth;
"main building" means a building in which is conducted the main or principal use of the lot on which the
building is located;
"medical clinic" means an establishment where human hea lth services are provided through diagnostic,
therapeutic, preventative, or rehabilitative treatment, but does not include any overnight
accommodation of a patient. A medical clinic includes, but is not limited to, an acupuncturist, athletic
therapist, chiropodist or podiatrist, chiropractor, dental provider, massage therapist, naturopath,
osteopath, physician, physiotherapist, psychologist, social worker, speech therapist or vision care
provider.
"microbrewery" means an establishment that manufactures beer, wine, or spirits, or a combinat i on
thereof, in the following quantities per calendar year: (a) No more than 500,000 litres of beer; (b) No more
than 100,000 litres of wine; and (c) No more than 75,000 litres of spirits. This use may include incidental
retail sales including a licensed tasting room. This definition is also used for Distillery.
"mobile car wash" means an establ ishment or business that offers vehicle cleaning services that does not
involve a building or permanent structure .
"mobile or mini home park" means a lot under single ownership for the placement of two or more
mobil e homes.
"mobile vendor'' means an establishment or business that offer goods and services in a mobile vehicle,
such as a trailer, van , or truck (e.g. food truck), and may includ e a farmers stand .
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"neighbourhood day care" means an establishment for the provision of care and supervision of 6 to 15
children operating in a residential area in accordance with the Family Services Act or the Early Childhood
Services Act.
"non-conforming use" shall have the same meaning as contained in the Community Planning Act as may
be amended from time to time;
"outdoor display court" means an area of land where goods are displayed which are available for sale to
the general public from a retail outlet located on the same lot;
"outdoor storage" means the storage of merchandise, goods, inventory, materials or equipment or other
items other than in an outdoor display court, by locating them on a lot exterior to a building, and includes
material covered by canvas or other opaque or non-opaque material;
"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 generali~y of the foregoing, may include such establishments as barber shops, beauty
parlours, salons, cosmetic application, spas, laser hair removal, nail studios, tanning salons, hairdressing
shops, shoe repair and shoe shining, tailoring and many other services that relate to personal esthetics,
but excludes the manufacturing or fabrication of goods for retail or any form of distribution;
"pet grooming" means an establishment where animals are groomed and washed, and may include the
ancillary sale of products related to this service, but does not include any associated outdoor kennel or
overnight accommodation.
"pit" means a place where unconsolidated metallic mineral or mineral bearing substance, rock, earth,
clay, sand, or gravel has been or is being removed by means of an open excavation in order to supply it
for construction, industrial, and/ or manufacturing purpose .
"Planning Advisory Committee" means the Planning Advisory Committee established under Sections 3
to 8 of the Community Planning Act.
"principal use" means th e primary purpose for which a parcel, building or dwelling unit is used.
"public street" means a highway, road or street owned or maintained by the Town of Sussex.
"quarry" means a place where consolidated rock has been or is being removed by means of an open
excavation in order to supply material for construction, industrial, and or manufacturing purpose and
includes an open pit mine.
"recreation establishment" means:
a)
b)
premises where entertainment is offe red for gain or profit such as a motion picture or
other theatre, public hall, billiard or pool rooms, an establishment offering three or
more electronic games for public use, bowling alley, ice or roller skating rink, miniature
golf and all other similar places of amusement excluding adult entertainment.
A recreation facility operated as a business and open to the public for a fee .
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c) Establishments primarily engaged in the operation of sports, active amusement or
recreation services for use by the general public on a fee or non-fee basis
"recreational equipment" means a unit intended as a temporary accommodation for travel, recreationa l
or vacation use. Such units include one or more of a trave l trailer, camper, motorized dwelling, a tent
trailer, slide-in campers, chass is mounted campers, a boat, a boat tra iler, containers used for transporti ng
recreational equipment whether or not occupied by ·such equipment and any other non-commercial
trailer.
"required yard" means a yard with the minimum front yard depth, rear yard depth, or side yard width
required by the provisions of this By-law.
"restaurant" means a bui lding or any portion thereof designed or used primarily for the serving of, and
consumption of food by customers within such bui lding or portion thereof, and includes a cafeteria;
"restaurant, drive through" means any land or building or any portion thereof
i) designed or used primarily for the service of food for consumption outside of the building or
portion thereof, in automobiles or off the premises, or;
ii) designed or used primarily for the service of food at a counter within the building or portion
thereof, the food being served in a manner which allows the consumption thereof either at a
table or counter on the premises, in automobiles, or off the premises;
"retail store" means an establishment for the retail sale or rental of goods, wares , merchandise,
substances, articles or things and may include supplementary postal services, film processing, repair of
articles sold or rented by the store and food consumption areas not exceeding 20% of the gross l easab l e
area .
"rooming house" means a dwelling or part thereof in which rooms are provided to lodgers for
compensation;
"screening" means the use of l andscaping, fences, or berms to visually and/or audib ly separate areas of
uses.
"secondary suite" means a dwelling unit attached to or contained within a main building .
"self-storage facility" means an establishment where goods or personal items are stored inside separate
compartments within a bu i lding each having separate exterior access or separate access through a
common hallway.
"service station" means a building or structure where gasoline, oil , grease, anti-freeze, tires, tubes, tire
accessories, light-bulbs, spark plugs, batteries or other accessories for motor vehicles are stored or kept
for sale or where vehicles may be oiled, greased, washed or have their ignition adjusted, tires inflated,
batteries charged, or where only minor or running repairs es sential t o the actual operati o n of motor
vehicles are executed or performed, and may include a car wash or mobile car wash .
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"sign" means any structure, device, light, painting or other representation or natural object which is used
to identify, advertise, attract attention to any object, place, activity, person, institution, organization, firm,
group, commodity, profession, enterprise, industry or business or which displays or includes any letter,
work, model, banner, flag, pennant, insignia, device or representation used as an announcement,
direction or advertisement and which is intended to be seen from off the premises or from a parking lot
except any "sign" which is affixed to the inside of a window or glass door;
"sign, mobile" means a structure which is located on the ground but not permanently attached, which is
capable of being easily relocated which holds a sign, that may have more than one face and may include
copy that can be changed manually or electronically by means of adjustable characters, message panels
or by other means.
"shopping centre" means a commercial development of at least 5575 m 2 of land, consisting of more than
one business establishment, which is designed, developed, operated or controlled by a single owner or
tenant, or a group of owners or tenants containing such retail stores, service shops and other
establishments as permitted by this By-Law, in a unitary type building or buildings at least 1486 m 2 i n size
and characterized by the sharing of common parking areas and driveways.
"similar or compatible use" means a use of land or building that is otherwise not permitted in a zone but
has been authorized by the Planning Advisory Committee, subject to any imposed term or condition, as
being sufficiently similar to or compatible with a permitted use in that zone.
"storey" means
iii) that portion of a building included between the surface of any floor and the surface of the
floor next above it, or if there is no floor above it, then the space between such floor and the
ceiling next above it, or
iv) a basement or cellar, if the average vertical distance from grade to the ceiling is over 1.5 m
or such basement or cellar is used for business purposes, or for dwelling purposes by other
than a janitor (whether including his family or not);
"street line" means the common l ine between a street and a lot;
"structure" means anything constructed or erected on or below the ground, or attached to something on
the ground, and includes all buildings.
"supportive facility" means:
(a) an establishment licensed or approved by a government agency that provides care and
or supervision to residents on a 24-hour basis by professional staff; or
(b) an establishment devoted to retired residents where common amenities and services,
including communal dining, are provided exclusively to such residents.
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"swimming pool" means any structure intended for swimming, wading or recreational bathing that is
designed to contain a capacity of 0.6 m or greater of water in depth and/or is not required to be drained
(being serviced by a filtration/pump system) to address health and safety;
"Town Building Inspector" means the person appointed by Town Council as the Building Inspector for the
Town of Sussex or any person designated by the Building Inspector to perform a duty on behalf of the
Building Inspector with respect to this By-law.
"use" means the purpose for which land or a bui lding or structure or any combination thereof, is des igned,
arranged, erected, intended, occupied or maintained.
"use, accessory" means a use that is naturally and normally incidental and subordinate and exclusively
devoted to the main use, or to the mai n building or structure, and located on the same lot with such main
use or building or structure .
"use, secondary" means a use, other than the main use, permitted in a building or a structure .
"vehicle body and paint shop" means an establishment where motor vehicle bodies and frames are
repaired and/or painted.
"vehicle repair garage" means an establishment involved in the repair of automobiles, trucks ,
motorcycles, snowmobiles, or other vehicles, and may include the sale, installation, servicing, or
machining of automotive parts and accessories, or a drive thru vehicle inspection, repair, servicing, or
cleaning facility such as, but not limited to, automotive glass replacement, exterior vehicle cleaning,
muffler replacement, safety inspection, tire alignment, tire replacement, transmi ss ion repair, or vehicle
upholstery cleaning, but does not include a vehicle body and paint shop.
"vehicle sales and service" means an establishment where new and or used vehicles are sold or leased,
and may include an associated vehicle repair garage that provides on-site servicing, repair, cleaning, or
polishing of such vehicles and the sale of auto accessories or related products.
"veterinary clinic" means an establishment within a building where domestic animals or household pets
are treated by a licensed veterinarian, and includes temporary indoor accommodation re lated to such
treatment and/or recovery of animals after a surgical procedure , but does not include any outdoor
facilities such as a kenne l, dog run, or other similar enclosure.
"warehouse facility" m ean s an establishment other than a self-storage facility where goods are stor ed
and packaged inside a building, and may include administration, but doe s not includ e the manufacturing,
display, or sale of goods or a distribution facility.
"yard" means that part of a lot required to be unoccupied by buildings or structures;
"yard, flankage" means the side yard of a corner lot, which abuts a street;
"yard, front" means the yard extending across the full width of the lot between the street line and th e
nearest wall of the main bui l ding on the lot.
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"yard, rear" means the yard extending across the full width of the lot between the rear lot line and the
nearest wall of the main building on the lot.
"yard, side" means the yard extending from the front yard to the rear yard between the side lot line and
the nearest wall of the main building on the lot.
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4. GENERAL PROVISIONS
4.1 USES PERMITTED IN ALL ZONES
Nothing in this By-law shall prevent the use of any land for:
a) Community Garden;
b) Land for Public Purpose;
c) Lane, Street, or Highway;
d) Town Recreation Use;
e) Park or Playground;
f) Pipeline;
g) Public Display;
h) Stormwater Management System;
i) Telecommunications Tower;
j) Temporary Parking Lot to Facilitate Snow Clearing;
k) Town Utility Service Building or Structure; and
I) Walking Trail.
4.2 USES PROHIBITED IN ALL ZONES
a) Notwithstanding any provision of this By-law, the use of a vehicle or recreational vehicle as a
place of residence shall not be permitted within any zone in the Town;
b} A semi-trailer or what was a semi-trailer or what is or was a vehicle within the meaning of the
Motor Vehicle Act, or a part thereof, shall not be used for storage in any zone. Such a semi
trailer or part of a vehicle shall be deemed to be used for storage when it has not been used
for hauling goods to or off the premises at least once every 30 days.
4.3 COMMERCIAL AND INDUSTRIAL DEVELOPMENT ABUTTING A RESIDENTIAL ZONE
Notwithstanding any other provision of this By-Law, in the case of a lot in a Commercial or Industrial
Zone that abuts a Residential Zone, no main building or structure may be placed, erected or altered
thereon, unless the side yard and/or rear yard joining the "R" Zone has a respective width or depth
equal to twice the height of the main building or structure.
4.4 COMMERCIAL VEHICLE PARKING
a) For the purposes of this Section, "commercial vehicle" shall be deemed to be a vehicle used for
a business or employment purpose .
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b) The parking of a licensed commercial vehicle is permitted, provided that:
i. the vehicle is parked in the driveway and where space is available, parked adjacent to or
to the rear of the dwelling unit and not in the front yard thereof;
ii. the engine of the vehicle shall not be left running, other than for a short warm-up or
cool down period and such period shall not exceed one-half {1/2) hour in duration;
iii. the vehicle is not loaded with any dangerous or hazardous goods;
iv. the licensed commercial vehicle is not more than 9000 kilograms in vehicle mass;
v. the vehicle is operated by the resident of the dwelling unit; and
vi. the tractor of a tractor trailer unit is permitted but no trailers are permitted to be
parked in this zone.
4.5 CONVERTED DWELLINGS
Where permitted by this By-law, a one-unit or two-unit dwelling may be converted into a two-unit
dwelling or a multiple dwelling subject to the following requirements:
a) The building shall be service by municipal sanitary sewer and municipal water;
b) There shall be no changes to the exterior appearance of the building that would indicated the
building is a converted dwelling; and
c) In accordance with Section 26, there shall be one on-site parking space for each dwelling unit.
4.6 FENCES
a) Notwithstanding any other provision of this By-law, subject to this section, a fence may be
placed or located in a yard;
b) Notwithstanding any other provision of this By-law, no fence along a street line may exceed 1.2
metres in height;
c) No fence may exceed the height of:
(i) 2 metres in a Residential zone; or
(ii) 2.5 metres in a zone other than a Residential zone.
d) No fence shall be located within 1.5 metres of a street line in all zones;
e) No fence shall be located:
(i) within 150 mm of a property line in the case of chain link construction; or
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(ii) within 600 mm of a property line for all other types of construction.
(iii) Notwithstanding subsection (i) and (ii), if both property owners have an agreement,
a fence may be located on the property line.
f) Notwithstanding subsection (e) of this Section where both owners of adjacent properties have
applied for and signed the Building Permit, a fence may be pl aced exactly on the property line;
g) No fence shall be electrified or incorporate barbed wire or other dangerous materials; and
h) Notwithstanding (g) of this Section fences other than a chain link fence, shall be installed with
the finished side facing the adjoining property.
4.7 GARBAGE ENCLOSURES AND STORAGE
In any commercial, industrial or multiple unit residential zone where any area of the lot exterior to the
building is to be used for the storage of garbage, including areas for the location of compactors or
commercial waste bins, such areas shall conform to the following standards:
a) be fully screened by a surrounding fence at least 2 m in height designed so as to be opaque;
b) no garbage storage area shall be located in any required yard, nor shall it be located within 6 m
of a public street or within 2 m of a residential use;
c) no garbage shall be stored in any garbage storage area so as to exceed the height of the
surrounding fence;
d) materials used to screen and surround the garbage storage unit or dumpster must be made of
materials similar to that of the building; and
e) garbage must be stored within the specified setback and yard requirements for the applicable
zone.
4.8 GASOLINE BARS, SERVICE STATIONS, AND COMMERCIAL GARAGES
4.8.1 PUMP ISLANDS
a) All Pump Islands shall be located at least 9 metres from any boundary of the site, parking area
on the site or laneways intended to control traffic circulation on the site.
b) A canopy over a pump island may extend to within 6 metres of the boundary of the site. The
canopy area shall not constitute part of the site coverage for the purpose of this Section.
4.8.2 LONG TERM PARKING
No part of a lot used for th e purpose of a gasoline bar or automobile service station shall be used for
parking a vehicle for a period exceeding one week.
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4.8.3 DISPENSING OF GASOLINE AND DIESEL FUEL
a) The use of land for the dispensing of gasoline or diesel fuel other than at a service station or
public garage is permitted only if approved by the Planning Advisory Committee and in
compliance with such terms and conditions as may be imposed by the Planning Advisory
Committee.
b) Gasoline or diesel tanks and pumps intended for the private use of the occupant of the lot or
other person, as distinguished from sale to the general public, shall
i) be placed in the rear of the lot; and
ii) wherever possible, not be visible from the public street.
4.9 HEIGHT EXCEPTIONS
The height restrictions of this By-law shall not apply to church spires, chimneys, water storage tanks,
telecommunication tov.,1ers, or to structures housing mechanical equipment.
4.10 INFILL BUILDING LINE
In an in-filling situation, where a front yard line has been established by existing residen t ia l unit(s) that
have front yard setback distances less than required under the zoning By-Law, the existing setback line
can apply for new construction and/or expansions.
4.11 LANDSCAPING
4.11.1 GENERAL LANDSCAPING PROVISIONS
a) Landscaping shall be provided and maintained according to Section 4.11 whenever a
development involving a main building is undertaken on a lot.
b) Landscaping shal l be completed within one year of the issuance of a development or building
permit.
c) Nothing in this By-law sha ll prevent the installation of a driveway or walkway from being in any
required yard.
d) Yards shall be landscaped :
i) In a Residential Zone
i. All required front and flankage yards; and
ii. All areas not occupied by a building, structure, driveway or parking area,
walkway, or amenity space.
ii) In a Commercial Zone
i. All required front and flankage yards;
ii. All yards that abut a Residential or Institutional zone; and
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iii. All areas not occupied by a building, structure, driveway or parking area,
walkway, or amenity space.
iii) In all other zones
i. At the discretion of the Development Officer
4.11.2 LANDSCAPING STANDARDS
a) All landscaping shall be comprised of species of trees, grass, ground cover, shrubs, bushes, or
other living plant material that is capable of healthy growth in New Brunswick.
b) Landscaped areas shall be graded to divert surface water from the building or dwelling and
insofar as it is reasonab ly possible and direct the surface water to an existing stormwater
management system.
c) Any landscaping involving a lawn shall consist of topsoil spread over the ground to a minimum
depth of 80mm after compaction and the seeding or sodding thereof.
d) Development that is considered infill may remove only such trees that directly impede the
construction of buildings and services. Where trees must be destroyed, the developer may be
required to replace them to the satisfaction of the Town .
e) Any landscaping for buffering purposes shall include either a coniferous hedge or the planting
of, at minimum, two offset rows of coniferous trees planted in a manner that obscures visibi lity.
f) In a Residential Zone, the owner of a lot being.developed sha ll plant a minimum of two
deciduous street trees along street frontage as follows:
i) trees must be free of branches up to 1.5 metres from ground and have a sing le straight
trunk with a minimum diameter of 60mm,
ii) trees to be planted 10 metres on center,
iii) plant trees away from overhead wires, locating them back from the street right of way
line if necessary,
iv) trees to be planted in a hole 2.0 metres in diameter by 0 .5 metres deep, backfilled wi t h
planting soil,
v) minimum two stakes per tree.
g) Subject to this section, the owner of a lot developed for non-residential purposes shall
landscape the total area of the lot, except for that part devoted to buildings and structures or is
paved, in the case of driveways and off-street parking areas; except in the case of lots having
significant surplus area .
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4.12 LIGHTING
No lighting facility or illuminating device for any purpose may be arranged in such a manner that directs
rays of light therefrom to fall upon adjoining premises, public streets or right-of-way.
4.13 LINE OF VISION AT AN INTERSECTION
a) A line of vision for corner lots is defined as the triangular area formed by the intersecting street
right of way lines and a line joining the points 9 metres from the intersection of said lines;
b) No building, structure, fence, shrub or tree foliage over the height of 0 .95 metres may obstruct
the line of vision at a street intersection .
4.14 LOTS TO ABUT STREETS
Every lot used for a purpose permitted by this By-Law shall abut a street unless other arrangements
have been made through approvals of Council and/ or the Planning Advisory Committee.
4.15 LOTS WITH 15% GRADE
Any part of a lot that has a grade of 15% or greater may not be considered as part of the lot for purposes
of calculating minimum lot area required hereunder, subject to alleviation only by variance granted by
the Planning Advisory Committee and by such terms and conditions as determined by the Planning
Advisory Committee.
4.16 MINIMUM FLOOR ELEVATION ABOVE FLOOD LEVEL
a) No development of any habitable space shall be permitted in any zone unless the minimum
geodetic elevation of the top of any floor is at least .36 metres above the elevation of the 1 in
100 year flood plain as determined by the New Brunswick Department of Environment's flood
mapping as depicted in Schedule B.
b) Development of habitable space within the 1 in 100 year flood plain is subject to the approval of
the Planning Advisory Committee and is subject to the requirements set forth in this section .
c) Notwithstanding subsection (a), in the case of the new habitable space, a minimum floor
elevation greater than that described in subsection (a), may be required depending upon the
unique vulnerabilities of the development site.
d) A development or building permit request in an area described by Schedule B shall include :
i. A site plan and elevation drawings demonstrating the elevation of the part or
parts of the building intended to contain habitable space;
ii. A plan and drawings that demonstrate the proofing of all electrical, mechanical ,
and plumbing systems, by design, for the area below the required elevation;
iii. A drainage plan, if the flood adaptation measures result in more than one metre
of fill (in elevation) for properties less than one acre; and
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iv. A site plan demonstrating that access to the property and dwelling unit(s) is at
an elevation that does not impact access to the property or dwelling unit(s)
during a flooding event.
e) A developer may be required to enter into a Development Agreement with the Town to be
registered with Service New Brunswick on the title of the property.
f) In the case of an existing building within the area described in Schedule B, the building may be
expanded or modified if:
i. It does not reduce the elevation of the existing building;
ii. It does not increase the non-adapted habitable portion of the building by the
lesser of 25% or 23.2 square metres;
iii. A non-adapted expansion or modification is limited to one per main building on
a lot;
iv. The Development Officer or Planning Advisory Committee may impose
additional terms and conditions to mitigate the impact offloading to life and
structures as deemed appropriate by the Development Officer and the
Committee
v. The applicant may be required to enter into a Development Agreement with the
Town to be registered with Service New Brunswick on the title of the property.
4.17 NUMBER OF MAIN BUILDINGS OR STRUCTURES ON A LOT
Except as otherwise provided in the By-law, no more than one main building or structure may be placed
or erected, and no building or structure may be altered to become a second main building or structure,
on a lot.
4.18 PARKING, LOADING, AND ACCESS
4.18.1 GENERAL PARKING PROVISIONS
a) Parking shall be provided upon the same lot as, or within 150 m of, the use for which
the parking is required.
b) Parking shall be readily accessible from the nearest street.
c) Except for parking spaces for accommodation uses (hotel or motel), no parking space is
permitted nearer than 1.8m from a wall containing windows to habitable rooms .
d) A change of use in the Downtown Commercial zone does not require additional parking
spaces than those already provided.
e) Notwithstanding any other provision in this section, where there is a combination of
uses on a lot, the minimum parking space requirements shall equal the combined total
of the minimum requirements for each use;
f) Notwithstanding provisions for Barrier Free parking spaces, individual parking spaces
shall have minimum dimensions of 2.7 m by 6 m;
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g) Barrier Free parking spaces are subject to the requirements of section 4.18.3 and all
applicable Provincial requirements;
h) Where a parking lot for more than six (6) vehicles is required or proposed the following
provisions apply:
i. except in the case of a home business or home occupation, the parking lot shall
be maintained with a stable surface that is paved;
ii. lights used for illumination of the lot shall be arranged in order to divert the light
away from streets, adjacent lots and buildings;
iii. no gasoline pumps or other service station equipment shall be located or
maintained on the parking lot;
iv. approaches or driveways to the lot shall have a curbing radius of 10 m where they
meet a public street; shall be defined by a curb of concrete, or Portland Cement
concrete; and the limits of the lot shall be defined by a fence, curb or other
suitable obstruction designed to provide a neat appearance;
v . the location of approaches or driveways shall not be closer than 15 m from the
limits of the right-of-way at a street intersection ;
vi. entrance and exit driveways to the parking lot shall not exceed two (2) in number
at the street line and edge of pavement;
vii. notwithstand i ng (vi), the Planning Advisory Committee may consider the creation
of more than two driveways, subject to terms and conditions;
viii. a driveway leading to or from a parking lot or loading space shall:
a.in the case of a one -way driveway for traffic entering the lot, have a width
of at least 3 .5 m;
b. in the case of a one -way driveway for traffic exiting the lot, have a width
of at least 3 .5 m when the number of parking spaces on the lot exceeds
12;
c.in the case of a two-way driveway for traffic entering and ex iting the lot,
have a width of at least 6. 7 m ; and
d . not exceed a maximum width of 8 m except in any Commercial or Industrial
zone, wh ere it shall not exceed a maximum width of 12 m;
ix. a parking lot shall be graded and drained in such a manner as to ensure that the
surface water will not escape onto neighbouring lands or on to the traveled way
or sidewalk of any public street .
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I i) Notwithstanding the provisions of subsection (h), d ri veways sha l l be des igned to genera lly
accepted engineer i ng criteria and i nformation prov i ded in t h e Geometric Des ign f Guidelines for Canadian Roads, published by the Transportation Association of Canada.
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j) Within a reside n tia l zone, no parking shall be perm i tted nor parking spaces r equired
wit hin t h e required front yard except for si n g l e and two unit dwel lings and row house
dwe lli ngs.
4.18.2 PARKING SPACE REQU IREMENTS BY USE
l ' ,. • ...... 1 --: ...--~ -~ -
I. I :,'(~'•iti! ·• .. ,....,.= -~, I!' : I i _,.1-.; .•
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a) fo r o n e-and two-u ni t dwelli ngs, town and row One space per dwe l li ng un it
houses
b) for multiple dwelli ngs 1.25 spaces per dwe llin g unit
c) for Supportive Facil ity, Group Home, Boardi ng 0.5 spaces per bed
/ Rooming Houses
d) for assemb ly bui l dings includ ing arenas, One space for each 10 m 2 of gross floor area
audito r iums, churches, funera l parl ours, pub l ic
halls, theatres, rinks, o r any building (such as
sc hoo l s) cont ai ning a l ike usage
e) fo r da y ca re ce nt r es One space for eve ry five children
f) fo r h ome occupa t ions, inclu d ing One space for every staff person w ho does not
neighbourhood day cares reside on the lot
g) for hospitals, medica l cl i nics, specia l ca re Two spaces per bed
faci l ities
h ) for hote l s, mote ls, and accommodations 1 .25 spaces per g uest room
i ) fo r l icensed bars, taverns, o r resta u rants, One space per 10 m 2 of gross floor area
in cl udi ng microbrewe r ies with licen ced
tasti ng rooms.
j ) for social clubs or commercial recreation one space per 23 m 2 of gross floor area, or
aci l ities fraction thereof
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k) for business offices, financial institutions, three spaces per 93 m 2 of gross floor area
public libraries, art galleries or museums
I) for schools, public or private not less than one space for every classroom or
clubroom and where an auditorium or p lace of
assembly is included therein, an additiona l space
for every 19 square metres of auditorium or
assembly area
m) for sports or recreation fields one space for each 6 persons for whom seating
arrangements may be provided
n) for retail, wholesale or service establishments four spaces per 93 m 2 of gross floor area;
with a gross floor area exceeding 465.4 square
meters
o) for retail , wholesale or service establishments three spaces per 93 m 2 of gross floor area;
with a gross floor area of less than 465.4
square meters.
p) for warehousing, wholesale, i ndustrial or the greater of 2 spaces per 93 m 2 of gross floor
manufacturing buildings, including area, or 1 space per 4 employees;
microbreweries without tasting rooms or retail
sales
q) for other uses three spaces per 93 m 2 of gross floor area;
r) bed and breakfast one per main dwelling unit plus one per each
guest room
s) customer contact centre one space per 5 employees
t) theatre/ cinema one space per 5 fixed seats
u) Veterinary clinic One space for every 38 m 2 of gross floor area
4.18.3 BARRIER FREE PARKING
a) The number of barrier free parking spaces for developments where 5 or more space s are required
shall be in accordance with the following:
Total Number of Required
Spaces in a Lot
I 5 -25
Total Number of Barrier Free
Parking Spaces Required
1
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26-50 2
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76-100 j 4
101-150 5
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201-300 7
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301-400 8
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501-1000 2% of the total
t -Over 1000 20 spaces plus 1 space for
I each 100 spaces over that.
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b) Barrier Free parking spaces shall be:
{i) provided and considered as part of the number of stalls required for a
project;
{ii) located closer to the entrance of the building for which they are intended;
{iii) identified by a sign and, if the surface is paved, by pavement markings to the
satisfaction of the Development Officer;
{iv) a minimum of 3.8 metres in width and 7.3 metres in length.
4.18 .4 LOADING/ UNLOADING STANDARDS
a) Off-street spaces not less than 9 meters long, 3.5 meters wide, and 4.25 meters high, with
access thereto, shall be provided for loading for every building or structure used for any purpose
involving the use of vehicles for the receipt or distribution of materials, in the following
numbers :
-'~ -• I' • .
•;,, ~ " 1!1•1~, 1i i I ; 1 1 •) I 11,i
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Up to and including 1858 m2
1
Over 1858 m2 and up to and including 4645 m2
2
For each 4645 m2 additional or portion thereof
1 additional space
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b) An off -street loading space referenced in subsection (a) above shall:
i) be so located that merchandise or materials are loaded or unloaded on the premises
being served;
ii) be provided with adequate facilities for ingress and egress and unobstructed
maneuvering aisles; and
iii) be a paved surface.
4.18.S QUEUING SPACES
Queuing spaces shall be provided for drive-thru businesses (including drive-thru restaurants and car
washes, gasoline bars, and automotive service stations), as follows:
a) for drive-thru businesses, including drive-thru restaurants, banks and car washes:
i) 6 in-bound queuing spaces shall be provided for vehicles approaching the drive-up
service window;
ii) 1 outbound queuing space shall be provided on the exit side of each service position
and this space shall be located so as not to interfere with service to the next vehicle; and
b) for drive-in businesses, automotive, gas bar and automotive repair outlets:
i) 5 in-bound spaces shall be provided; and
ii) 1 out-bound space shall be provided .
c) All queuing spaces shall be a minimum of 6.5 m long and 3 m wide.
d) Queuing lanes shall provide sufficient space for turning and maneuvering and shall not occupy any
portion of a designated fire lane.
4.19 PERMITTED ENCROACHMENTS AND PROJECTIONS
Nothing in this By-l aw shall prevent the following:
a) An air conditioning or heat pump unit, or solar collector in any required yard ;
b) A balcony, deck, or veranda with a maximum projection of 2 metres into a required front, rear,
or flankage yard;
c) A canopy, chimney, cornice, eave, flue, gutter, pilaster, roof overhand, sill , smoke stack, or other
architectural feature with a maximum projection of 1 metre into any required yard;
d) A door or window awning with a maximum projection of 1.5 metres into any required yard;
e) the ordinary projection of skylights;
f) A canti levered floor in a main building above the first floor, which projects not more than 2 m
into a required front, flankage, or rear yard or not more than 1.5 m into a required si de yard .
g) A personal mobility lift or wheelchair ramps may be located in any required yard;
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h) A fire escape or exterior staircase that projects into any required yard;
i) Steps providing access at the first storey level may be located in any required yard; and
j) An ornamental planting, retaining wall, or other similar landscaping installation may be located
in any required yard.
4.20 PETROLEUM STORAGE SITES
a) A petroleum storage site shall be permitted only in the Sussex Industrial Park, in accordance
with environmental regulations.
b) Petroleum storage tanks associated with gasoline dispensing pumps shall be permitted.
4.21 REDUCTION OF YARDS
No part of landscaped open space required around any building or structure for the purpose of
complying with the provisions of this By-law shall be included as part of landscaped open space similarly
required for another building or structure .
4 .22 SETBACKS FROM WATERCOURSES
Subject to the provisions of the relevant provincial regulations and, notwithstanding any provision of
this By-law, no person shall erect a building or structure within 30 metres of the high water mark of a
stream or water course, as determined by the Development Officer, without approval from the Planning
Advisory Committee and such terms and conditions as may be imposed by the Committee and the
provincial Department of Environment.
4.23 STRIPPING OF TOPSOIL& EXCAVATION OF MATERIALS
4.23.1 STRIPPING OF TOPSOIL
a) Subject to subsection (b), no person may strip, excavate or otherwise remove topsoil for sale or
for use from a lot or other parcel of land.
b) Where, in connection with the construction of a building or structure, there is an excess of
topsoil other than that required for grading and landscaping on the lot, such excess may be
removed for sale or for use.
c) Notwithstanding subsection (a), the farming of sod may be carried out where the owner of the
land has entered into an agreement with Council making arrangements satisfactory to the
Council for rehabilitation of the land.
4.23.2 EXCAVATION OF MATERIALS
4.23.2.1 EXCA VAT/ON PERMIT APPL/CATION
An application for an Excavation Permit shall:
a) state the name and address of the applicant and the location of the proposed
excavation ;
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b) be accompanied by a plan drawn to a scale not less than 1:1000 indicating the
boundaries of the land involved in the proposal and the boundaries of that part
proposed to be excavated;
c) indicate the proposed base or lowest level of the proposed excavation;
d) set out the means to be employed by that person named in the proposed permit to
maintain accesses to the excavation, and public streets over which excavated materi als
are transported, in a dust-free condition by paving, sweeping, or the use of calcium
chloride;
e) mention the anticipated date of commencement of work involved in the excavation;
f) include a proposal for rehabilitation of the site of the excavation as provided for here in
and the proposed time limit therefore;
g) Indicate the size and location of signs erected or proposed to be erected within the
lands involved in the proposal ;
h) The amount of security to be deposited in the sum of money or surety bond in lieu
thereof, issued by an insurance company licensed to carry on business in New
Brunswick, in amount adequate to cover the cost of rehabil itation required under this
section.
4.23.2.2 EXCAVATION GENERAL PROVISIONS
a) No person may undertake or continue the excavation of land unless an Excavation Permit has
been issued by the Development Officer;
b) An Excavation Permit is valid until December 31 st of the year of issue and may be renewed for
the fee prescribed by Council;
c) No Excavation Permit shall be issued if the proposed work would be apt to :
i) Create a hazard to human life;
ii) Cause injury to a person;
iii) Damage adjoining property;
iv) Adversely affect a public water main or sewer, or watercourse or street; or
v) Cause geological instability or flood hazard to the extent that no reasonable amount of
work could be undertaken to correct or eliminate or sufficiently reduce the hazard
d) No excavation shall take place below the base agreed upon pursuance to Section 4.23;
e) Acce ss to the exc avation site and public streets over which excavated material is transported are
maintained by the person named in th e p ermit in a dust-free condition, as by paving, sweeping
or the use of calcium chloride;
f) Excavation, and any work relate d thereto, is carried on only between the hours of 7:00 a.m. and
8:00 p.m. and only on days other than Sundays and holidays;
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g) Adequate measures shall be taken to prevent surface water from damaging the face of the
excavation;
h) Neither the top or toe of the slope of the excavation, or any building or structure or storage or
repair in connection therewith, is within 15m of an abutting property line;
i) Annually at the end of operations for the summer, the slope of the excavation is not steeper
than 1.5 Horizontal to 1 Vertical for the full depth thereof;
j) The land of the site of the excavation is rehabilitated as described in the approved rehabilitation
plan; and
k) Where a person violates any of the terms and conditions mentioned in 4.23.2, or any provision
of this section, the Development Officer or Council may suspend or revoke the excavation
permit, and may, if the violation is rectified, reinstate a suspended permit.
4.23.2.3 EXC4 VA TION SITE REHABILITATION
a) The land of the site of the excavation for which a permit has been issued hereunder shall be
rehabilitated by the owner thereof within the time limit mentioned in the permit, upon
i) depletion of excavation material from the site to the extent that furthe r operation
would be no longer viable;
ii) failure to seek renewal of an elapsed or cancelled permit; or
iii) cessation of operation for a period of at least one year.
b) Rehabilitation mentioned in subsection (a) shall include the following:
i) where an excavation is over 6 m deep, a terrace shall be provided not less than 6m in
width at each 6 metre interval of the depth;
ii) except for terraces provided pursuant to clause (a), slopes of the excavation shall be not
steeper than 1.5 Horizontal to 1 Vertical;
iii) all plants, equipment, buildings or structures, placed or erected on the site for purposes
of the excavation shall be removed;
iv) all stock piles, earth, sand, gravel or other excavated material shall be removed from the
site, backfilled into the excavation where feasible, or brought to a common grade with
the rest of the land; and
v) the site shall be cleared of debris and, except for areas under water or on rock faces,
covered with a layer of soil, capable of supporting vegetation, to a depth of at least 152
mm (6 in.) and seeded with grass or other ground cover to prevent erosion.
c) Where an owner fails to meet the requirements of this section, Council may cause the required
rehabilitation to be carried out and may recover all cost connected therewith from th e owner.
4.24 TEMPORARY CONSTRUCTION TRAILERS
a) Temporary construction trailers are permitted in any zone expect a Residential Zone for a period
not exceeding one year.
b) An office trailer, tool shed or scaffolding associated with the undertaking of a development in
any zone are permitted on the same lot as the development provided they are removed within
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14 days of the completion of the work.
4.25 TEMPORARY OR PORTABLE GARAGES
Notwithstanding any setback or yard requirements in this by-law, portable garages may be permitted on
any residential lots. Such garages shall only be permitted on residential property between October 15
and April 30, inclusive.
4.26 UNDERSIZED LOTS
This By-law does not prevent the use of an existing lot that does not conform to minimum size
requirements provided:
a) that the use of such lot is permitted in the zone in which said lot is located; and
b) that the setbacks, height, coverage and all other relevant requirements of the zone are
maintained.
4.27 UTILITIES AND INFRASTRUCTURE
a) This By-law prohibits the erection of any building in respect of which , in the opinion of Council,
satisfactory arrangements have not been made for the supply of electric power, water,
sewerage, street or other services or facilities.
b) No lot may be developed or used for residential purposes unless such lot is serviced by
municipal water and sanitary sewer facilities.
4.28 VEHICLE BODIES
a)\ A motor vehicle, tractor trailer, tractor engine, container designed for commercial transport, farm
tractor, road building machine, and any vehicle drawn, propelled or driven by any kind of power,
notwithstanding its wheels having been removed, shall not be used, in any zone, as a dwelling
unit or commercial main building nor be used as an accessory building or structure in any zone.
b) Notwithstanding section (a), a shipping container may be used as an accessory building or
structure in the General Commercial or Corridor Commercial Zones subject to the following :
(i) the shipping container shall be in the rear yard; and
(ii) the shipping container shall be set back from the side and rear lot line by a
minimum of 3 metres.
c) Subject to subsection (d) below, any recreational equipment or unoccupied non-commercial
trailer shall be stored in the rear yard of a main building or an accessory building.
d) Where an unoccupied trailer is stored in a rear yard, it shall be at least
(i) 1.5 metres from a side or rear lot line; and
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(ii) 3 metres from any building or structure.
e) Shipping containers proposed for seasonal, temporary use will be considered through Temporary
Use Applications as described in section 2.10.
4.29 YARDS
Notwithstanding any other provision of thi s By-Law,
a) with respect to a corner or through lot, no building or structure may be placed, erected or altered
thereon so that it is closer to a side or rear lot line which is also a street l ine than the minimum
front yard depth for the lot to the rear of the corner lot, or the lot abutting the rear portion of the
through lot;
b) with respect to a corner or through lot in a Commercial or Industrial zone abutting a Residential
zone, no building or structu r e may be placed, erected or altered thereon so that it has a front yard
on the street along which the Residential zone is located;
c) the use of a side or rear yard of a lot mentioned in clause (b) which forms part of a frontage, the
balance of which is in an Residential zone for the purposes of an access from the street, is
permitted only if approved by the Planning Advisory Committee and only on compliance with such
terms and conditions as may be imposed by the Planning Advisory Committee;
d) where a side yard of a lot in a Commercial or Industrial zone abuts a Residential zone
i) no building or structure may be placed, erected or altered on such lot so that it is
closer to the Res identia l zone than a distance eq ual to the greater of
(A) one-half th e structure or the height of the building or
(B) 3 m, and
ii) such yard shall
(A) be landscap ed with, ornamental shrubs, and at least, lawn; and
(B) not be used as a driveway or for purposes of storage;
e) no yard is required along a railway right-of-way in an Industrial zone.
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5. STANDARDS FOR USES PERMITTED IN MULTIPLE ZONES
5.1 ACCESSORY BUILDINGS AND STRUCTURES
5.1.1 GENERAL PROVISIONS ACCESSORY BUILDINGS AND STRUCTURES
a) Except as otherwise provided by this By-law, any lot containing a main building or use may also
contain one or more accessory buildings, structures, or storage tanks subject to the
requirements of this section.
b) Except as otherwise provided by this By-law, an accessory building or structure shall not be
erected, placed, or altered so as to be in the required front or flankage yard of a main building
or structure.
c) Except as otherwise provided by this By-law, an accessory building or structure shall be erected,
placed, or altered in accordance with the following:
i) Minimum Cumulative Ground Floor Area
The total lot coverage of all accessory structures, including a detached private garage,
shall not exceed:
a. Within an Residential Zone: 75m or 5% of the lot area up to a maximum of
150m2, not exceeding the lot occupancy requirements;
b. All other zones: 75m2 or 5% of the lot area up to a maximum of 250m2, not
exceeding the lot occupancy requirements.
ii) Side and Rear Yard Setback Requirements:
a . Residential
In residential zones any accessory structure, heat pump or storage tank may be
built or located in a side yard or rear yard provided that any structure so erected
shall be a distance of at least 1.5 metres from the side lot line or rear lot line .
b. All other zones
In all other zones, any accessory structure or storage tank shall be at least 3
metres from the side lot line or rear lot line.
iii) Front Yard Setback Requirements:
No accessory building or structure may be placed within the required front yard setback
area of the zone.
iv) Height
a. Residential
No accessory structure, excluding a satellite dish and communication tower,
shall exceed the height of the main building on a lot in a residential zone and in
no case shall it exceed .9 metres in height measured from average grade to the
highest point of any portion of the roof.
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b. All other zones
No accessory structure, excluding a satellite dish and communication tower,
shall exceed a maximum height of 11 metres. Where abutting a residential zone;
accessory buildings over 9 metres will require an additional lmetre side and
year yard setback for each additional metre in height to a maximum of 5 metres.
v) Corner Lots
In zones which permit accessory structures, no accessory structure, including storage tanks,
satellite dishes and communication towers, shall be erected on a corner lot at a distance
from the street line les s than the front yard and corner lot side requirements for the main
building.
vi) Garages for Semi-Detached Dwellings
Garages for semi-detached dwellings may be centered on the mutual lot line if erected
simultaneously on both lots as one structure.
vii) Separation of Structures
No part of an accessory building or structure should be located within 1.5 metres of the
main building on the lot.
viii) Permitted Uses
No accessory building shall be used for agricultural purpose or keeping of animals other than
household pets, unless in the Rural and Agricultural (RU) Zone
ix) Multiple Accessory Buildings Per Lot
The maximum number of accessory buildings on any lot is three, not exceeding total lot
occupancy requirements.
5.1.2 ACCESSORY BUILDINGS OR STRUCTURES ERECTED PRIOR TO MAIN BUILDING
An accessory building or structure may be placed or erected on a lot prior to the placement or erection of
the main building or structure if:
a) a building permit for the main building or structure is obtained first;
b) the main building or structure will be completed within one year from the date of the issuing of
the permit therefore; and
c) the accessory building or structure is located
i) as indicated on the plot plan
ii) on the rear half of the lot, and
iii) so as to not interfere with the practical usefulness of the main building or str ucture.
5.1.3 SHIPPING CONTAINERS AS ACCESSORY BUILDINGS
a) Shipping containers shall not be permitted as accessory buildings in a Residential Zone or Mixed
Use Zone.
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b) Shipping containers are permitted to be used as an accessory building in a Commercial Zone
provided they are located in the rear yard and not visible from the street line.
c) Shipping containers shall be permitted to be used as an accessory building in an Industrial Zone,
Institutional Zone, and Agricultural and Rural Lands Zone provided they are not placed in the
front yard of any lot, or between the main building and any street.
5.1.4 SWIMMING POOLS
Notwithstanding other provisions presented in this By-law, an outdoor swimming pool is permitted in
any zone subject to the following requirements:
a) The swimming pool use must be accessory to the main use of the lot;
b) The swimming pool shall not be located in the front, side, or flankage yard in any zone;
c) The swimming pool shall not be closer than two metres from any lot line;
d) No overhead electrical power line shall be placed over that area of a swimming pool
enclosed by a fence or structure as provided in section 5.1.5. Similarly, no swimming pool
shall be placed or erected underneath an existing overhead electrical power line.
5.1.5 SWIMMING POOL ENCLOSURES
Notwithstanding other provisions presented in this By-law, an outdoor swimming pool shall be
completely enclosed by a fence or a combination of a permanent structure and a fence that prevents
access to the pool from the street or abutting lot.
a) The swimming pool enclosure shall completely enclose the swimming pool;
b) The swimming pool enclosure shall create a barrier that is no less than 1.5 metres in height
when measured from the ground to the top of the fence, gate, or structure, enclosing the
pool.
c) The swimming pool enclosure shall have no opening greater than 10 centimetres in the
barrier(s) required in subparagraph {b).
5.1.6 SWIMMING POOL ACCESS
Notwithstanding other provisions presented in this By-law, an outdoor swimming pool shall be accessed
by:
a) A self-closing and self-latching gate that is a minimum height of 1.5 metres;
b) A main building of structure, subject to 5.1.5; or
c) An accessory building or structure, subject to 5.1.5.
5.2 BED AND BREAKFASTS AND TOURIST HOMES, INCLUDING INNS
Where permitted, Bed and Breakfasts and Tourist Homes shall:
a) Be limited to one unit dwellings;
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b} Limit Bed and Breakfast operations to no more than four (4) sleeping units in the building or
as regulated by the appropriate provincial department;
c) Limit Inn operation to no more than ten (10) sleeping units in the building;
d) Not permit any sign visible from the outside of the house, advertising the existence of the
Bed and Breakfast, Tourist Home, or Inn or the availability of a room except:
(i) in a Residential Zone, one non-illuminated sign attached to the building not
exceeding 0.4 square metres in area is permitted;
(ii) in all other zones, one non-illuminated fascia sign not exceeding the provisions in
the Sign By-law for a fascia sign.
e) Not permit a Group Home, Residential Care Facility, Support Facility, Home Occupation or
Daycare Facility on the same lot;
f) Bed and Breakfast, Tourist Home, or Inn sha ll be licensed by the agency/agencies having
jurisdiction or authority.
5.3 BOARDING AND ROOMING HOUSES
A boarding or rooming house is subject to the requirements that:
a) accommodations for compensation are provided for no more than ten persons;
b) the use shall not be within 60 metres of another lot that also contains a boarding or rooming
house;
c) no Group Home, Residential Care Facility, Supportive Care Facility, Home Occupation, or Day
Care Facility be permitted on the same lot;
d) cooking equipment is not permitted in a room used for sleeping accommodation;
e) the exterior of the building is not altered;
f) required parking is provided at the rear or the side of the building; and
g) no sign advertising the existence of the boarding or rooming house shall be displayed except as
permitted in the Sig n By-law.
5.4 DAYCARES
5.4.1 NEIGHBOURHOOD DAY CARES
Where permitted by this By-law, a Neighbourhood Day Care may be permitted as a secondary use in a
one unit, two unit, semi-detached dwelling, or townhouse dwelling subject to the following
requirements :
a) A Neighbourhood Day Care comp lies with the daycare regulations of the Early Childhood
Services Act of the Province of New Brunswick;
b) A Neighbourhood Day Care shall have no more than 15 ch ildren in care;
c) Any fenced, outdoor play area must be in the rear yard;
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d) A Neighbourhood Day Care shall be located on a street with unrestricted on-street parking or
the provision of an off-street drop-off area must be provided wh i ch limits the obstruction of
passing traffic;
e) The Fire Marshall certifies the area in which the business is to be conducted meets the
appropriate requirements; and
f) No Bed and Breakfast, Garden Suite, Secondary Suite, or Supportive Facility is permitted in any
building on the lot.
5.4.2 DAY CARE CENTRE
Where permitted by this By-law, a Day Care Centre shall be subject to the following requirements:
a) A Day Care Centre complies with the daycare regulations of the Early Childhood Services Act of
the Province of New Brunswick;
b) Any fenced or outdoor play area shall be in the rear yard;
c) One on-site parking space shall be provided for every five children; and
d) Pick-up and drop-off of children must occur on-site and have limited impact on neighbourhood
traffic patterns.
5.5 GARDEN SUITES
Where permitted by this By-law, a one or two -unit dwelling may also contain a Garden Suite subject to
the following:
a) The Garden Suite shall not exceed a maximum gross floor area of 75 square metres;
b) The Garden Suite must be serviced from and in the same manner as the main building via
one set of laterals to the building or by the same on site services as the main building ;
c) The height of the Garden Suite shall not exceed the height prescribed for an accessory
building in Section 5.1 of this Bylaw;
d) The Garden Suite shall be in the rear yard of the main building;
e) The Garden Suite shall be of a similar appearance and design as the main building; and
f) There shall be at least one on-site parking space provided for the Garden Su i te.
5.6 HOME OCCUPATIONS
5.6.1 HOME OCCUPATION GENERAL REQUIREMENTS
In addition to all other requirements of this By-law, the following shall apply to all Home Occupations:
a) A Home Occupation may be p e rmitted as an secondary use within a dwelling unit or an
accessory building, or both for the same home occupation, and must be clearly secondary to the
residential use;
b) A Home Occupation shall be the principle re sidence of the operator;
c) The maximum area of the Hom e Occupation located within a dwelling unit shall not excee d 33%
of the gros s floor area of the dwelling unit;
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d) When the Home Occupation operates from an accessory building, the accessory building shall
meet the regulations for maximum gross floor area permitted on the property;
e) A Home Occupation may be housed in a combination of the main dwelling unit and an accessory
bui l ding provided that the area utilized does not exceed 25% of the dwelling unit;
f) No exterior changes will be permitted which would change the architectural appearance of the
dwelling;
g) The Home Occupation will meet the parking requirements set out in Section 4.18;
h) The Home Occupation will meet the signage requirements as set out in the Signage By-law;
i) The following environmental standards shall apply:
i. No emissions of odorous gas or particulate s that can be discerned at the lot line;
ii. No production of noise in excess of a normal street traffic experience;
iii. No physical hazards or nuisance including fire, toxic waste, explosion, glare or vibration
to adjacent properties;
iv . No discharge of any waste material or pollutant onto the ground of property or adjacent
property or any waterway or drainage facility; and
v. Outdoor storage rnust be located in the rear yard containing the Home Occupation and
must be screened.
5.6.2 HOME OCCUPATIONS PERMITTED BY DEVELOPMENT PERMIT
a) Art or Craft Person Studio
b) Bed & Breakfast
c) Home Business Office -no additional staff
d) Ne ighbourhood Day Care
5.6.3 HOME OCCUPATIONS PERMITTED BY COMMITTEE APPROVAL
a) Art Studio with Gallery
b) Carpentry and Repair Shops, including incidental retail sales
c) Catering Establishments, including incidenta l retail sales
d) Doggie Daycares
e) Home Office with Staff, including instructional services
f)
g)
Personal Service
Pet Grooming
5.6.4 ADDITIONAL REQUIREMENTS FOR PET GROOMING HOME OCCUPATIONS
a) Outdoor kennels for animals associated with the business are not permitted;
b) No overnight accommodation for animals associate d with the business is permitted; and
c) The number of animals associated with the business shall not exceed 5 on the lot at any given
time.
5.7 KEEPING OF CHICKENS
Wh e re permitted by this By-law, the keeping of chickens shall comply with th e following:
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a) A maximum of 6 hens shall be kept;
b) Roosters are prohibited;
c) The owner of the hens shall reside on the lot where the chickens are kept;
d) The sale of eggs or meat and the slaughter of animals on the lot is prohibited;
e) Manure is not to be stored on-site unless in a sealed container;
f) Hens are not permitted to roam at large; and
g) A roofed enclosure consisting of a chicken coop connected to a chicken run shall be provided
in the rear yard of the main building and shall:
i)
ii)
Be fully enclosed by wire fencing and impermeable to predators;
Be visually screened from a publ i c street and neighbouring properties; and
iii) Be no closer than two metres to any side lot line or rear lot line, and shall have a
minimum separation distance of 7.5 metres from a main building on an adjoining
lot and 30 metres from any existing well on an adjoining lot.
iv) Any combination of the above.
5 .8 OUTDOOR STORAGE
Where permitted by this By-law, Outdoor Storage shall be in accordance with the following :
5.9
a) The storage area shall be enclosed by a fence, either wooden or chain-link covered with filler
strips woven into the mesh, or a walled structure or berm, or any combination thereof. These
structures may also include a gate;
b) The enclosure described in subsection (a) shall have a height of a 2.5 metres when abutting a
Residential zone, and 2 metres when abutting any other zone; and
c) In no case shall the materials being stored be higher than the enclosure.
SECONDARY SUITES
Where permitted by this By-law, a one-unit, two-unit, rowhouse, and townhouse dwelling may also
contain a Secondary Suite subject to the following:
a) It shall not exceed 40% of the gross floor area of the main dwelling unit or 75 square metres,
whichever is less;
b) Shall have an entrance to the side or rear of the building;
c) The suite must be serviced from and in the same manner as the main building via one set of
laterals to the building or by the same on site services as the main building;
d) The presence of the Secondary Suite shall not change the exterior appearance of the main
building; and
e) One on-site parking space shall be provided for the Secondary Suite.
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5.10 SUPPORTIVE FACILITY
Where permitted by this By-law, the Supportive Facility shall comply with the following:
a) Maintain a minimum radius of 183 metres from another lot also containing a supportive facility
if both are in a residential zone;
b) Within the Two -Unit Residential Zone, Supportive Facility uses shall be limited to 5 residents;
c) Within the Multiple Unit Residential Zone, Supportive Facility uses shall be limited to 12
residents;
d) A Bed and Breakfast, Home Occupation, Day Care Facility, or Secondary Suite are not
permitted on the same lot;
e) When considering the conditional use of the Supportive Faci l ity, the Committee may consider
the following:
i) The location of the facility relative to a main or arterial street;
ii) The impacts to adjacent properties; and
iii) The local need for the facility in the Town.
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6. RESIDENTIAL ZONES
6.1 ONE UNIT RESIDENTIAL (Rl)
The intention of this zone is to permit the traditional single-unit dwelling format found in subdivision
style development patterns throughout the Town. This zone accommodates more uniform land use
patterns through consistent setbacks and limited variety of uses. The Rl zone allows for the gradual
evolution of neighbourhoods through the conditional permitting of a range of home occupations,
secondary units, and garden suites.
6.1.1 PERMITTED USES:
Any land, building or structure may be used for the purposes of and for no other purpose, than:
a} Dwelling, One-unit
6.1.2 SECONDARY USES
One of the following uses are permitted in association with uses permitted in subsection 6.1.1 :
a} Day Care, Neighbourhood, subject to Section 5.4
b) Home Occupation, subject to Section 5.6
6.1.3 CONDITIONAL USES
6.1.4
Any land, building or structure may be used for the purposes of, and for no other purpose than,
the following subject to such terms and conditions as may be imposed by the Planning Advisory
Committee:
a} Garden Suite, subject to section 5.5
b) Keeping of Chickens, subject to section 5.7
c} Secondary Suite, subject to section 5.9
ZONE STAN DAROS
a} Minimum Lot Area, Interior Lot
b} Minimum Lot Area, Corner Lot
c} Minimum Lot Frontage, Interior Lot
d} Minimum Lot Frontage, Corner Lot
e} Minimum Lot Depth
f} Minimum Front Yard
690 square metres
780 square metres
23 metres
26 metres
30 metres
9 metres
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g)
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Minimum Rear Yard
Minimum Side Yard
Minimum Flankage Yard
Minimum Ground Floor Area:
i. 1 Storey
ii . Split-Level
iii. 1 ½, 2, or 3 Storeys
Maximum Building Height
Maximum Lot Occupancy
7 metres
2 metres
3.5 metres
89 square metres
71 square metres
62 square metres
11 metres
50 percent
a) Other Requirements in accordance with Sections 4-5
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6.2 SMALL LOT ONE UNIT RESIDENTIAL (RlS)
The intention of the RlS zone is to accommodate more compact subdivision-style development such as
garden homes, townhouses, and other innovative residential subd ivision layouts. These areas primarily
consist of smaller, one-unit or semi-detached dwellings but townhouse-style development may be
accommodated as a conditional use.
6.2.1 PERMITTED USES
Any land, building or structure may be used for the purposes of and for no other purpose, than:
a) Dwelling, One-unit
b) Dwelling, Semi-Detached
6.2 .2 SECONDARY USES
6.2.3
6.2.4
One of the following uses are permitted in association with uses permitted in subsect ion 6.2.1:
a) Home Occupation, subject to section 5.6
CONDITIONAL USES
Any land, building or structure may be used for the purposes of, and for no other purpose than,
the following subject to such terms and conditions as may be imposed by the Planning Advisory
Committee:
a) Dwelling, Townhouse
b) Garden Suite, subject to section 5.5
c) Keeping of Chickens, subject to 5.7
d) Secondary Suite, subject to section 5.9
ZONE STAN DA RDS
a) Minimum Lot Area, Interior Lot 320 squa re metres
b) Minimum Lot Area, Corner Lot 420 square metres
c) Minimum Lot Frontage, Interior Lot 11 metres
d) Minimum Lot Frontage, Corner Lot 14 metres
e) Minimum Lot Depth 30 metres
f) Minimum Front Yard 6 metres
g) Minimum Rear Yard 6 metres
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h) Minimum Side Yard
i) Minimum Flankage Yard
j) M i nimum Ground Floor Area:
i. 1 Storey
ii. Split-Level
iii. 1 ½, 2, or 3 Storeys
k) Maximum Building Height
I) Minimum Building Width
m) Maximum Lot Occupancy
1.5 metres
3.5 metres
89 square metres
71 square metres
62 square metres
9 metres
7 metres
50 percent
n) Other Requirements in accordance with Sections 4-5
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6.3 ONE AND TWO-UNIT RESIDENTIAL (R2)
The intention of the R2 zone is to permit gentle increases in density between areas of uniform, one-unit
neighbourhoods and more dense residential or commercial development. The R2 zone permits up to 6
dwelling units in a variety of housing typol o gies to allow for a transition between low density and
moderate density development. This zone also allows for the sensitive integration of home occupation s,
secondary suites and garden suites, and day care uses.
6.3.1 PERMITTED USES:
Any land, building or structure may be used for the purposes of and for no other purpose , than:
a) Dwelling, One-unit
b) Dwelling, Two-unit or Semi-detached
c) Dwelling, Row or Townhouse dwelling up to and including 6 units
d) Dwelling, Multiple up to and including 6 units
6.3.2 SECONDARY USES
One of the following uses are permitted in association with uses permitted in subsection 6.3.1:
a) Day Care, Neighbourhood, subject to subsection 5.4
b) Garden Suite, subject to Section 5.5
c) Home Occupation, subject to Section 5.6
d) Secondary Suite, subject to section 5.9
6.3.3 CONDITIONAL USES
Any land, building or structure may be used for the purposes of, and for no other purpose than ,
the following subject to such terms and conditions as may be imposed by the Planning Advi sory
Committee:
a) Bed and Breakfast, subje ct to se ction 5.2
b) Group Home
c) Keeping of Chickens, subject to Section 5.7
6.3.4 CONDITIONS OF USE
a) Dwellings with two dwelling units permitted in subsection 6.3.1 shall have:
i) Minimum frontage of 7 .5 metres per unit;
ii) Minimum lot depth of at l east 30 metres per unit; and
iii) Minimum lot area of 225 square metr es per unit.
b) Stand ards for Row and Townhouses
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Rowhouses and Townhouses are subject to the further requirements:
a. no series or group shall contain more than
i. 6 dwelling units with the same or approximate ly the same front building line,
ii. 85 min continuous length;
i ii. 40 m of continuous building line which means either the same front building line of
two or more adjacent units, or the front building lines of two or more adjacent units
that are not offset by more than one metre from each other.
b. no front wall of row or town house is placed, erected or altered so that any part of such wa l l
is closer to
i. the front wall of another row or town house than 21m , or
ii. the side wall of another row or town house than 7 m
c. no side waii of a row or town house is placed, erected or altered so that any part of such waii
is closer to a side wall of another row or town house than 7.5 m;
d. no rear wall of a row or town house is placed, erected or altered so that any part of such wal l
is closer to
i. the rear wall of another row or town house than 15 m
ii. the side wall of another row or town house than 7.5 m
6.3.5 ZONE STANDARDS
b) Minimum Lot Area, Interior Lot 690 square metres
c) Minimum Lot Area, Corner Lot 780 square metres
d) Minimum Lot Area, Multiple 690 square metres
or For each unit having 3 or more bedroom s
For ea ch unit having 2 bedrooms
80 square metres
60 square metres
SO square metres For each one bedroom or studio unit
e) Minimum Lot Frontage, Interior Lot 23 metres
f) Minimum Lot Frontage, Corner Lot 26 metres
g) Minimum Lot Depth 30 metres
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Minimum Front Yard 9 metres
Minimum Rear Yard 7 metres
Minimum Side Yard 2 metres
Minimum Flankage Yard 3.5 metres
Minimum Ground Floor Area:
i. One-Unit Dwelling or Two-Unit Dwelling
1. 1 Storey 89 square metres
2. Split-Level 71 square metres
3. 1 ½, 2, or 3 Storeys 62 square metres
ii. Semi-Detached Dwelling
1. 1 Storey 70 square metres
2. Split-Level 65 square metres
3. 1 ½, 2, or 3 Storeys 55 square metres
Maximum Building Height 11 metres
Minimum Building Width 7 metres
Maximum Lot Occupancy 50 percent
Other Requirements in accordance with Sections 4 -5
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6.4 MEDIUM DENSITY RESIDENTIAL (R3)
(Formerly Single and Two-Family Residential and Up to and Including Six-Family Residential (R3))
The R3 zone accommodates medium density development including townhouses, apartments, semi
detached, two-unit, and one unit dwellings. It is intended to be applied in the medium to high density
residential designation found in the Municipal Plan. Land use in the R3 zone are typically evolving
towards or are adjacent to mi xed use areas and are generally close to amenities like si dewalks, trails,
and commercial areas.
6.4.1 PERMITTED USES:
Any land, building or structure may be used for the purposes of and for no other purpose, than:
a) Dwelling, Multiple, up to 22 units, subject to section 6.4.4
b) Dwelling, Two-unit or Semi-detached
c) Dwelling, Row or Townhouse, up to 12 units
d) Day Care Centre, subject to section 5.4
e) Group Home
f) Supportive Facility, subject to section 5.10
6.4.2 SECONDARY USES
6.4 .3
One of the following uses are permitted in association with uses permitted in subsection 6.4.1:
a) Day Care, Neighbourhood, Subject to section 5.4
b) Garden Suite, subject to section 5.5
c) Home Occupation, subject to section 5.6
d) Secondary Suite, subject to section 5.9
CONDITIONAL USES
Any land, building or structure may be used for the purpos es of, and for no oth e r purpose than ,
the following subject to such terms and conditions as may be imposed by the Planning Advisory
Committee :
a) Bed and Breakfast, subject to section 5.2
b) Boarding /Rooming House, subject to section 5.3
c) Convenience Store
d) Dwelling, One-Unit
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6.4.4 CONDITIONS OF USE
Multiple Dwellings permitted in section 6.4.1 are subject to the following requirements:
a) Parking, as required by section 4.18, shall not be located in any r equired front yard; and
b) An amenity area separate and apart from any required landscaped or parking area shall
be provided and contain an area of at least 20 square metres, with no dimension less
than 5 metres, plus one additional metre for each dwelling unit.
6.4.5 ZONE STANDARDS
a) Minimum Lot Area:
One -Unit Dwelling, Two-Unit Dwelling, or Semi-Detached Dwelling
Interior Lot
Minimum Lot Area, Corner Lot
Multiple Dwelling, or Townhouse Dwelling
Interior Lot
Corner Lot
b) Minimum Lot Frontage:
690 square metres
780 square metres
900 square metres
990 square metres
One-Unit Dwelling, Two-Unit Dwelling, or Semi-Detached Dwelling
c)
Interior Lot
Corner Lot
Multiple Dwelling
Interior Lot
Corner Lot
Townhouse Dwelling, Each Unit
Minimum Lot Depth
d) Minimum Front Yard
One-Unit Dwelling, Two-Unit Dwelling,
or Semi-Detached Dwelling
23 metres
26 metres
30 metres
33 metres
11.5 metres
30 metres
6 metres
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I e) Maximum Front Yard for Multiple
Dwelling or Townhouse Dwell ing 9 metres
f) Minimum Rear Yard 7 metres
I g) Minimum Side Yard 2 metres
h) Minimum Flankage Yard 3.5 metres
i ) Minimum Ground Floor Area:
One-Unit Dwelling or Two-Unit Dwelling
1 Storey 89 square metres
Split-Level 71 square metres
1 ½, 2, or 3 Storeys 62 square metres
Semi-Detached Dwelling
1 Storey 70 square metres
Split-Level 65 square metres
1 ½, 2, or 3 Storeys 55 square metres
j) Minimum Gross Floor Area for a Dwelling in a Multiple Dwelling:
For a Dwelling Unit having
3 or more bedrooms 63 square metres
For a Dwelling Unit having
2 bedrooms 53 square metres
For a Dwelling Unit having
1 bedroom 35 square metres
For a bachelor or studio
dwelling unit 28 square metres
( k) Maximum Building Height 15 metres
I) Minimum Building Width 7 metres
l m) Maximum Lot Occupancy 50 percent
q) Other Requirements in accordance with Sections 4-5
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6.5 HIGH DENSITY RESIDENTIAL (R4}
The R4 zone accommodates multi-unit residential developments. This zone is intended for lands within
th e Medium to High Density Resid ential land use d esignation in th e Municipal Plan . Thes e increa singly
dense res i dential uses are typically positioned near mixed use and commercial areas with easy access to
arterial roads, sidewa lks, and other public amenities.
6.5.1 SECONDARY USES
One of the following us es are permitted in association with uses permitted in subsection 6.4.1:
a) Home Occupation, subject to section 5.6
6.5.2 CONDITIONAL USES
6.5.3
6.5.4
Any land, building or structure may be used for the purposes of, and for no other purpose than ,
the foll owing subject to such terms and conditions as may be imposed by the Pl anning Advisory
Committee:
a) Dwelling, Multiple, subject to section 6.5.3
CONDITIONS OF USE
a) New Multiple Dwellings proposed in the R4 zone will require the deve loper to ent er into
a Developer Agreement with the Town upon the approva l of their development proposal
by Council.
b) Multiple Dwellings, where permitted, are subject to the following requirements:
i.
ii.
Parking, as required by section 4.18, shall not be located in any required front
yard; and
An amenity area separate and apart from any required landscaped or parking
area shall be provided and contain an area of at least 20 square met r es, with no
dimension less than 5 metres, p l us one additional metre for each dwelling unit.
ZONE STANDARDS
a) Minimum Lot Area:
Interior Lot 900 squ a re metres
Corner Lot 990 square metres
b) Minimum Lot Frontage : 22 m etres
c) Minimum Lot Depth 30 metres
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d) Minimum Front Yard 3 metres
e) Maximum Front Yard 9 metres
f) Minimum Rear Yard 7 metres
g) Minimum Side Yard 2 metres
h) Minimum Flankage Yard 3 metres
i) Maximum Building Height 15 metres
j) Maximum Lot Occupancy 50 percent
k) Other Requirements in accordance with Sections 4-5
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7. COMMERCIAL ZONES
7 .1 DOWNTOWN COMMERCIAL (DC)
The DC zone is associated with the Town's Downtown Core as designated in the Municipal Plan. The
Downtown is the cultura l hub of the Town and therefore a broad mixture of uses are considered in the
zone. These uses capture the traditiona l mixed use deve lopment pattern common in historic
downtowns and allow the strong smal l business presence of the Downtown to continue .
7.1.1 PERMITTED USES
Any land, building, or structure may be used for one or more the fo llowing purposes of and for no
other purpose than:
a) Accommodation
b) Amusement Place
c) Artist or Craftsperson Studio
d) Bakery
e) Banquet Hall
f) Bar, Cl ub, or Lounge
g) Bed and Breakfast
h) Convenience Store
i) Commercial Recreation
j) Cultural Facility
k) Day Care Centre, subject to Section 5.4
I) Dwelling Unit, above the ground floor
m) Dwelling Unit, Multiple up to 22 units
n) Entertainment Use
o) Farmers Market
p) Financial Office
q) Health, Fitness and Wellness Facility
r) Grocery Store
s) Medical Clinic
t) Microbrewery
u) Municipal or Provi ncial Building
v) Office
w) Personal Service
x) Repair Service
y) Retail Store
z) Place of Worship
aa) Restaurant, excluding drive-thru
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7 .1.2 SECONDARY USES
One of the following uses are permitted in association with uses permitted in su bsection 7.1.1:
a) Home Occupation, subject to section 5.8
7.1.3 CONDITIONAL USES
Any land, building, or structure may be used for the purposes of, and for no other purpose than,
the following subject to such terms and conditions as may be imposed by the Planning Advisory
Committee:
a) Auto Dealership
b) Dwelling Unit, ground floor
c) Dwelling, Townhouse up to 6 units, subject to 7 .1.4
d) Rooming or Boarding House, subject to section 5. 3
e) Service Station, including car wash
f) Supportive Facility, subject to 5.10
7.1.4 CONDITIONS OF USE
7.1.4.1 TOWNHOUSE DWELLINGS IN A SERIES OR GROUP
Townhouse dwellings permitted in subsection 7.1.3 are subject to the following
requirements:
a) Shall not have a continuous front building line greater than 42 metres;
b) Shall be separated a minimum of 7 metres between two series of
townhouses;
c) No front wall shall be located so that any part of the front wall is closer than
21 metres to a front wa ll of another townhouse series;
d) No rear wall shall be located so that any part of the rear wall is closer than 16
metres to a rear wall of another townhouse series;
e) Each dwelling shall not occupy more than 35% of the area of the lot.
7.1.4.2 MULTIPLE DWELLING DEVELOPMENTS
Multiple Dwelling Developments permitted in subsection 7.1.1 are subject to the
fo ll owing requirements:
b) Parking, as required by section 4.18, shall not be located in any required front yard; and
c) An amenity area separate and apart from any required landscaped or parking area shal l be
provided and contain an area of at least 20 square metres, with no dimension less than 5
m etres, plus one additional metre for each dwelling unit.
7.1.4.3 Personal Service-Dry Cleaning Depot
A dry cleaning depot, permitted as a Personal Se rvice under subsection 7.1.1, sha ll be
for the drop-off and pickup of fabrics, textiles, or other clothing articles to be cleaned
off-site at a dry cl e aning plant.
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7 .1.5 ZONE STANDARDS
(a) Minimum Frontage for a Business is 6 metres.
(b) For Multiple or Townhouse Dwelling Units permitted in subsection 7.1.1, the following
standards apply:
i. Minimum Lot Area
Multiple Dwelling 450 square metres
Townhouse Dwelling, Each Unit
Interior Lot 345 square metres
Corner Lot 515 square metres
ii. Minimum Lot Frontage
Multiple Dwelling
Interior Lot 50 metres
Corner Lot 52 metres
Townhouse Dwelling, Each Unit 11.5 metres
iii. Minimum Lot Depth
Multiple Dwelling 50 metres
Townhouse Dwelling, Each Unit 30 metres
iv. Minimum Front Yard
Multiple Dwelling nil
Townhouse Dwelling, Each Unit 1.5 metres
V. Maximum Front Yard for Multiple
Dwelling or Townhouse Dwelling 6 metres
vi. Minimum Rear Yard 6 metres
vii. Minimum Side Yard 1.5 metres
viii. Minimum Flankage Yard 3.5 metres
ix. Minimum Gross Floor Area for a Dwelling in a Multiple Dwelling:
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For a Dwelling Unit having
3 or more bedrooms
For a Dwelling Unit having
2 bedrooms
For a Dwelling Unit having
1 bedroom
For a bachelor or studio
dwelling unit
x. Maximum Building Height
Multiple Dwelling
Townhouse Dwelling
xi. Maximum Lot Occupancy
I) Other Requirements in accordance with Sections 4-5
63 square metres
53 square metres
35 square metres
28 square metres
15 metres
11 metres
80 percent
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7.2 MIXED USE (MU) ZONE
The MU zone is used to capture a mixture of commercial and residentia l uses within a single structure or
lot located outside of the Town's Downtown. The commercial uses permitted in the MU zone are l ow
impact uses that have minimal effects on traffic and the general character of the surrounding area. This
zones allows for the use of existing building stock to be adapted in new and creative ways to meet the
needs of the community while preserving the opportunity for residential units.
7.2.1 PERMITTED USES
7.2.2
Any land, building or structure may be used for one or more of the following purposes of and for
no other purpose than:
a) Accommodation
b) Bed and Breakfast
c) Convenience Store
d) Day Care Centre, subject to section 5.4
e) Dwelling, Two-unit
f) Dwelling, Townhouse up to 12 units
g) Group Home
h) Health, Fitness, and Wellness Facility
i) Medical Clinic
j) Office
k) Personal Service
I) Pet Grooming
m) Place of Worship
n) Retail Store
o) Supportive Facility, subject to section 5.10
SECONDARY USES
One of the following uses are permitted in association with uses permitted in subsection 7.2.1:
a) Day Care, Neighbourhood, subject to section 5.4
b) Garden Suite, subject to 5.5
c) Home Occupation, subject to 5.6
d) Secondary Suite, subject to 5.9
7.2.3 CONDITIONAL USES
Any land, building, or structure may be used for the purposes of, and for no other purpose than,
the fo ll owing subject to such terms and conditions as may be imposed by the Planning Advisory
Committee :
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a) Dwelling, One-unit
b) Dwelling, Multiple subject to 7.2.4
c) Dwelling, Two Unit or Semi-Detached
d) Retail Store
e) Veterinary Clinic
7.2.4 CONDITIONS OF USE
7.2.5
a) Multiple Dwellings proposed in the MU zone will require the developer to enter into a
Developer Agreement with the Town upon the approval of their development proposal
by Council.
b) Multiple Dwellings, where permitted, are subject to the following requirements:
i. Parking, as required by section 4 .18, shall not be located in any required
front yard; and
ii. An amenity area se parate and apart from any requir ed l and scaped or
parking area shall be provided and contain an area of at least 20 squa r e
metres, with no dimension less than 5 metres, plus one additional metre
for each dwelling unit.
ZONE STANDARDS
a) Min i mum Lot Area, Interior Lot 690 square metres
b) Minimum Lot Area, Corner Lot 780 square m etre s
c) Minimum Lot Frontage, Interior Lot 23 metres
d) Minimum Lot Frontage, Corner Lot 26 metres
e) Minimum Lot Depth 30 metres
f) Minimum Front Yard 9 metres
g) Minimum Rear Yard 7 metres
h) Minimum Side Yard 2 metres
i) Minimum Flank age Yard 3.5 metres
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j) Minimum Ground Floor Area for a building containing dwelling units:
i. 1 Storey 89 square metres
ii. Split-Level 71 squa r e metres
iii. 1 ½, 2, or 3 Storeys
k) Minimum Ground Floor Area for a
building not containing a dwelling unit:
I) Maximum Building Height
m) Maximum Lot Occupancy
62 square metres
68 square metres
15 metres
SO percent
n) Other Requirements in accordance with Sections 4-5
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7.3 GENERAL COMMERCIAL (GC)
The General Commercial Zone is applied to those areas or lots that may be outside of the Downtown
Commercial or Highway Commercial areas. This zone will generally be applied to existing commercial
uses however the zone may be applied to new commercial uses through amendments to the Zoning
Map in Schedule A.
7.3.1 PERMITTED USES
Any land, building or structure may be used for the following purposes of and for no other
purpose than:
a) Accommodation
b) Amusement Place
c) Banquet Hall
d) Bar, Club, or Lounge subject to 7.3 .3
e) Business Office
f) Car Wash
g) Commercial Retail
h) Commercial Use
i) Convenience Store
j) Day Care Centre
k) Dwelling unit above the ground floor up to 6 units, subject to section 7.3.3 (b}
I) Dwelling, Multiple up to 6 units, subject to section 7.3.3 (b)
m) Entertainment Use
n) Financial Office
o) Fitness and Wellness Centre
p) Grocery Store
q) Medical Clinic
r) Microbrewery, subject to 7.3.3
s) Personal Service
t) Pet Grooming
u) Repair Service
v) Restaurant including drive-thru
w) Retail Store
x) Shopping Mall
y) Self Storage
z) Vehicle Sales and Service
aa) Veterinary Clinic
7.3.2 CONDITIONAL USES
Any land, building, or structure may be used for the purposes of, and for no other purpose than ,
the following subject to such terms and conditions as may be imposed by the Committee:
a) Service Station
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7.3.3 CONDITIONS OF USE
a) Bar, Club, or Lounges as well as a Microbrewery permitted under section 7.3.1 are required to
adhere to the following:
i. The use shall be setback from a residential zone by a minimum of 15 metres;
ii. When sharing a property line with a property that is within a residential zone,
the Bar, Club, Lounge, or Microbrewery must be screened from the residential
property by way of fence or landscaping at least 2 metres in height.
b) Multiple Unit Dwellings, where permitted in this zone , are subject to the zone standards of the
Medium Density Residential (R3) Zone.
7.3.4 ZONE STANDARDS
a} f'v1inimum Lot Area, Interior Lot
b) Minimum Lot Frontage, Interior Lot
c) Minimum Lot Depth
d) Minimum Front Yard
e) Minimum Rear Yard
i. Abutting a Residential Zone
ii. All other zones
f) Minimum Side Yard
g) Maximum Building Height
h) Maximum Lot Occupancy
450 square metres
15 metres
30 metres
5 metres
7 metres
3 metres
2 metres
10 metres
70 percent
i) Buildings shall have a prominent entrance oriented towards a public street.
j) Other Requirements in accordance with Sections 4-5
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7.4 HIGHWAY COMMERCIAL (HC)
This zone applies to areas off Route 121 where large format retail is established as well as services for
the travelling public like service stations, drive-thru and take-out restaurants, and accommodation uses
like hotels. In certain cases, medium density residential development may be permitted within the HC
zone.
7.4.1 PERMITTED USES
Any land, building or structure may be used for the following purposes of one or more of the following
main uses:
a) Accommodation
b) Amusement Place
c) Bar, nightclub, or lounge, subject to 7.4.3
d) Commercial Recreation Facility
e) Financial Institution
f) Government Building
g) Grocery Store
h) Health, Fitness, and Wellness Facility
i) Medical Clinic
j) Microbrewery
k) Office
I)
m)
n)
o)
p)
Personal Service
Restaurant
Retail Store
Service Station
Vehicle Sales and Service
7.4.2 CONDITIONAL USES
Any land, building, or structure may be used for the purposes of, and for no other purpose than, the
following subject to such terms and conditions as may be imposed by the Planning Advisory Committee:
a) Boarding/ Rooming House
b) Cannabis Retail Sales
c) Dwelling, Multiple Unit up to 22 units
d) Kennel
e) Self-storage
7.4.3 CONDITIONS OF USE
a) A Bar, nightclub, or lounge shall not be permitted within 20 metres of a residential zone.
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7.4.4 ZONE STANDARDS
a) Minimum Lot Area 690 square metres
b} Minimum Lot Frontage 23 metres
c) Minimum Lot Depth 30 metres
d) Minimum Front Yard 9 metres
e) Minimum Rear Yard 3 metres
f) Min i mum Side Yard 2 metres
g) Minimum Flankage Yard 2 metres
h) Minimum Ground Floor Area 235 square metres
i) Maximum Height 15 metres
j) Maximum Lot Occupancy 70 percent
k) Other Requirements in accordance with Sections 4-5
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8. INSTITUTIONAL (INST)
The intention of the INST zone is to provide appropriate lands for schools, healthcare facilit i es,
and places of worship and their associated uses. This zone may be used to reserve adjacent
lands for recreational facilities or i nfrastructure associated with the primary facility such as
school playgrounds and sports fields.
8.1 PERMITTED USES
Any land, building, or structure may be used for the purposes of and for no other purpose than:
8.2
a) Community Centre
b) Community Policing Office
c) Day Care Centre, subject to section 5.4
d) Educational Facility
e) Hospital
f) Library
g) Medical Clinic
h) Municipal Bui l ding or Facility
i) Place of Worship
j) Recreation Facility
k) Supportive Faci l ity, subject to 5.14
I) Veterinarian Clinic
CONDITIONAL USES
Any land, building, or structure may be used for the purposes of, and for no other purpose than, the
following subject to such terms and conditions as may be imposed by the Planning Advisory
Committee:
a) Accommodation, subject to 8.3
b) Boarding/ Rooming House, subject to 5.3
c) Kennel
8 .3 CONDITIONS OF USE
a) An Accommodation Use may be considered, subject to the terms and conditions as may be
imposed by the Planning Advisory Committee, provided it is associated with a use permitted
under section 8.1.
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8.4 ZONE STANDARDS
I) Lot Area 750 square metres
m) Lot Frontage 36 metres
n) Lot Depth 38 metres
o) Minimum Front Yard 3 metres
p) Maximum Front Yard 20 metres
q) Minimum Rear Yard 7 metres
r) Minimum Side Yard 7 metres
s) Minimum Flankage Yard 7 metres
t) Minimum Ground Floor Area 235 square metres
u) Maximum Height 12 metres
v) Maximum Lot Occupancy 50 percent
w) Buildings shall have a prominent entrance orientated towards a street.
x) Other Requirements in accordance with Sections 4-5
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9. INDUSTRIAL ZONES
9.1 LIGHT INDUSTRIAL (LI)
The Light Industrial Zone is intended for uses that are limited in their impact on neighbouring properties
and the environment. It is intended that any nuisance caused by a land use in this zone should be
contained within a building.
9.1 .1 PERMITTED USES
Any land, building, or structure may be used for the purpose of, and for no other purpose than the
following:
9.1.2
a) Agricultura l Use, Greenhouse only
b) Cafeteria
c) Crematorium
d) Outdoor Storage
e) Service Business
f) Service Station or Public Garage
g) Self-storage
h) Wholesaling
i) Vehicle and Equipment Sales
j) Convenience Store
k) Veterinary Services
CONDITIONAL USES
Any land, building, or structure may be used for the purposes of, and for no other purpose than,
t~e following subject to such terms and conditions as may be imposed by the Planning Advisory
Committee:
a) Any use involving manufacturing, storage, processing, transportation or related activities
b) Cannabis Production Facility
9.1.3 CONDITIONS OF USE
a) The restrictive covenant and genera l standards of the Sussex Industrial Park, where
appl icable, apply in addition to the requirements of this Zoning By-Law.
Page I 78
9.1.4 ZONE STANDARDS
a) Maximum Height
b) Minimum Lot Frontage
c) Minimum Lot Depth
d) Minimum Lot Area
e) Minimum Front Yard
f) Minimum Side or
Flankage Yard
Minimum Rear Yard
15 metres
37 metres
46 metres
1602 square metres
7.5 metres
the greater of 3 metres or one half the height
the greater of 3 metres of one half the height g)
h)
i)
Minimum Ground Floor Area 68 square metres
Other Requirements in accordance with Sections 4-5
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9.2 MEDIUM INDUSTRIAL (IM)
The Medium Industrial Zone allows for a range of industrial uses and any nuisance generated i s required
to be contained within the lot.
9.2.1 PERMITTED USES
Any land, building, or structure may be used for the purpose of, and for no other purpose than the
following:
a) Agricultural Use, Greenhouse only
b) Crematorium
c) Outdoor Storage
d) Self Storage
e) Technical public service or utility or a civic or governmental building or installation
f) A wholesaling establishment
9.2.2 CONDITIONAL USES
Any land, building, or structure may be used for the purposes of, and for no other purpose than, the
following, subject to such terms and conditions as may be imposed by the Committee:
9.2.3
9.2.4
a) Any use involving manufacturing, storage, processing, transportation or related activities
b) Cannabis Production Facility
CONDITIONS OF USE
a) The restrictive covenant and general standards of the Sussex Industrial Park, where
applicable, apply in addition to the requirements of thi s Zoning By-Law.
ZONE STANDARDS
a) Maximum Height 15 metres
b) Minimum Lot Frontage 37 metres
c) Minimum Lot Depth 46 metres
d) Minimum Lot Area 1602 square metres
e ) Minimum Front Yard 7.5 metres
f) Minimum Side
and Flankage Yard the greater of 3 metres or one half the height
g) Minimum Rear Yard the greater of 3 metres of one half the height
h) Minimum Ground Floor Area 68 square metres
i) Other Requirements in accordance with Sections 4-5
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10. PARKS {P)
The Parks Zone is applied to existing park space and recreation facilities throughout the Town.
10.1 PERMITTED USES
Any land, build ing, or structure may be used for the purpose of, and for no other purpose than the
following:
a) Public Open Space
b) Park
c) Playground
d) Municipal Installation or municipal use
10.2 CONDITIONAL USES
Any land, building, or structure may be used for the purposes of, and for no other purpose than , the
following subject to such terms and conditions as may be imposed by the Committee :
a) Commercial Recreation
b) Community Centre
c) Day Care Centre
d) Exhibition or Fair Grounds
e) Farmers Market
f) Recreational Facility
10.3 ZONE STANDARDS
a) Minimum Lot Area
b) Minimum Lot Frontage
Minimum Front Yard
Minimum Rear Yard
Minimum Flankage Yard
Maximum Height
600 square metres
36 metres
3 metres
7 metres
7 metres
12 metres
c)
d)
e)
f)
g) Other Requirements in accordance with Sections 4-5
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11. GREEN BELT (GB)
The GB zone identifies areas throughout the Town which have environmental significance.
Undeveloped areas prone to flooding may be designated Green Belt where possible in an effort
to limit risk to development and to allow for the natural recession of flood and storm waters.
11.1.1 PERMITTED USES
Any land, building, or structure may be used for the purpose of, and for no other purpose than the
following:
a) Public Open Space
b) Trails, unsurfaced
c) Municipal installation limited to publi c art and signage
11.1.2 CONDITIONS OF USE
a) Private land zoned Green Belt does not require the provision of publ i c access.
11.1.3 ZONE STANDARDS
a) All requirements in accordance with Sections 4-5
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12. AGRICULTURAL AND RURAL LANDS (AR)
The AR Zone is intended to capture existing productive farm and resource lands as well as those lands
intended to be used for resource related activity in the future.
12.1 PERMITTED USES
a) Existing agricultural or forestry use
b) Municipal installation or use
12.2 CONDITIONAL USES
Any land, building, or structure may be used for the purposes of, and for no other purpose than, the
following subject to such terms and conditions as may be imposed by the Committee:
a) Agricultural Use
b) Forestry Use
c) Manufacturing Use associated with an Agricultural Use
d) One-Unit Dwelling, subject to 12.3(a)
12.3 CONDITIONS OF USE
a) A one-unit dwelling permitted under subsection 112.2(d) shall meet the zone standards
prescribed in the One-Unit Residential (Rl) Zone in section 6.1 of this By-law.
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13. FEDERAL CROWN LANDS
Context: Federal Crown Lands are exempt from the provis ions of this By-law.
Page I 84
14. EXEMPTIONS
The following uses were permitted by the previous Zoning By-law for the Town of Sussex
Zone Civic Permitted Use
HC 109 Main Street Subject to Terms and Conditions
GC 368 Main Street Subject to Terms and Conditions
GC Residential Unit and Subject to
828 Main Street Terms and Conditions
MU 281 Main Street Subject to Terms and Conditions
MU 165 St. George Street Subject to Terms and Conditions
MU 72 Leonard Drive Subject to Terms and Conditions
R2 34 Sunnyside Drive Funeral Home
R3 377 Main Street Subject to Terms and Conditions
R3 10 Elm Street Maximum 6 residential dwelling
units
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SCHEDULES
SCHEDULE A: Zoning Map
SCHEDULE B: Flood Plain Map
SCHEDULE C: Amendment Process Chart
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ZONING BY-LAW AMENDMENT PROCEDURE
1) BY INDIVIDUAL 2) INTENTION TO CONSIDER AN 3) AMENDMENT
AMENDMENT BY-LAW BY COUNCIL BY-LAW
RECOMMENDATION
BY PLANNING
ADVISORY
COMMITTEE
" •
I TO COUNCIL AT COUNCIL COMMITTEE TO PREPARE
REGULAR MEETING f----+ PROPOSED AMENDMENT BY-LAW ~
~
✓ Date for hearing of
DENY
I
PROPOSED AMENDMENT BY-LAW TO objections must be
-at least 30 days after COUNCIL MEETING
COUNCIL SETS A DATE FOR A PUBLIC date of public
HEARING FOR PROPOSED BY-LAW presentation.
'.
NOTICE IS GIVEN OF DATE FOR CONSIDERATION OF OBJECTIONS
i
FIRST NOTICE TO APPEAR IN NEWSPAPER NOT LESS THAN 21 DAYS AND NOT MORE THAN 30
DAYS PREVIOUS TO HEARING
A second notice is SECOND NOTICE TO APPEAR NOT LESS A second notice is
not necessary if a THAN 4 DAYS AND NOT MORE THAN 11 not necessary if
notice is posted in a DAYS BEFORE SUCH HEARING owners of land
prominent place on within 100 metres of
the property affected area are
proposed to be advised in writing of
rezoned. proposed rezoning.
'.
COUNCIL MEETING TO CONSIDER OBJECTIONS TO PROPOSED AMENDMENT BY-LAW
♦
COUNCIL MEETING TO DECIDE TO ....
• • • •
PROCEED I I REJECT I DEFER AMEND
• • •
I Action Stops I The by-law will fail Any change must
unless Council be referred to the
makes a decision Council Committee
within six months for further report of
of first notice it.
published .
•
A substantial amendment must be re-
advertised and follow procedures identical to
'. November, 2010
any other Amendment By-Law.
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(A) If by-law
contradicts the
Planning Advisory
Committee's
recommendation, a
majority of the whole
Council must vote in
favor of the by-law.
(B) Where 1/3 of the
owners of the area of
land affected or 1/3 of
the owners within 100
metres thereof object
in writing, the by-law
will not become valid
unless a majority of
the whole Council vote
in favor.
(C) Not withstanding
any by-law unless
otherwise ineligible,
the Mayor or other
presiding officer may
vote once on any
motion where a
majority of the whole
Council is required.
AMENDMENT
BY-LAW NOW IN
EFFECT
November, 2010
ZONING BY-LAW AMENDMENT PROCEDURE
WHEN COUNCIL DECIDES TO PROCEED ....
15 T READING BY TITLE OF BY-LAW AMENDMENT
zNo READING BY TITLE OF BY-LAW AMENDMENT
MOTION TO REFER BY-LAW TO PLANNING ADVISORY
COMMITTEE FOR COMMITTEE
READING OF BY-LAW IN IT'S ENTIRETY
THIRD READING BY TITLE AND ENACTMENT
FINAL APPROVAL PROCESS OF THE BY-LAW
By-law is certified as correct by Town Clerk and
a statutory declaration is completed by Town
Clerk that Section (2) (b) 66 & 68 of the
Community Planning Act was complied with by
the Council.
TOWN CLERK REGISTERS THE CERTIFIED COPY ALONG WITH
THE STATUTORY DECLARATION IN THE REGISTRY OFFICE.
TOWN CLERK PUBLISHES A NOTICE IN THE NEWSPAPER THAT
THE BY-LAW IS REGISTERED IN THE REGISTRY OFFICE.
FINISHED
The Planning
Advisory
Committee shall
be deemed to
have approved a
proposed by-law
if it fails to give
the views
requested
thereon within
30 days of such
request or
within longer
period as the
Council may
decide.
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l FILE LOCATION: \ldillon.ca\DILLON_DFS\Frede<klonlfo,dericlon CAD\CAO\G!S1199541 • Sus.s<x\Product\Cl~n~Suss exZoningM ap _ Updaled.mxd
SUSSEX, NEW BRUNSWICK
ZO NING BY-LAW
SCHEDULE A: ZONING MAP
Zoning By-law 1350-21 -Fed eral Lan ds D Rl
m Do wntown Commercial D RlS
D Genera l Co mmercia l D R2
D Highway Commercial D R3
D Mixed Use D R4 -Med iu m Industrial -Rural and Agricultural
D Light Indu strial CJ] . Railroad
□ Insti tutional ~ Unclassified
D Int egrated Development Water
D Environme nt al Pro t ection Road
D Parks and Recreation
0 125 0 .25
SCALE 1: 14.750
o.s tun
MAP DRAWIN G INFORMATION :
DATA PROVI DED BY TOWN OF SUSSEX. DILLON CONSULTING
MAP CREATED BY: GAM
MAP CH ECKED BY: JB
MA P PROJECTION : NAO 1983 CSRS NEW BR UNSWICK STEREOGRAPHIC
DILLON
C .<JN!-.lJ I ·y I NC
P ROJECT: 19-9 54 1
STATUS:FI NAL
DATE: 2021-11-22
___________ .....J \...__ ________ .....J
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ALE LOCATION: \\dillon ca\DILLON _DFS\Fredeticlon\Fredericlon CAO\CAD\GIS\ 199541 • Sussex\Producl\Clio nl\SusscxZonrlgMap _ Updalcd .mxd
SUSSEX, NEW BRUNSWICK
ZONING BY-LAW
SCHEDULE B: FLOOD PLAIN MAP
Road
D Sussex Municipal Boundary
1 in 100 Year Flood
SCAlE 1:14,750
0 125 0.25 0.5 km
MAP DRAWING INFORMATION:
DATA PROVIDED BY TOWN OF SUSSEX. DILLON CONSULTING
MAP CREATED BY. GMI
MAP CHECKED BY JB
MAP PROJECTIO~: NAO 1983 CSRS NEW BRUNSWICK STEREOGRAPHIC
DILLON
CONSU i I I NC.
PROJECT: 19-9541
STAl\JS: FINAL
DATE:2021-11-22
------------'-..... -------~-