BY-LAW NO. 112

Town Of

Grand Bay-Westfield

Zoning By-Law

table of contents

The Council of The Town of Grand Bay-Westfield, under authority vested in it by Section 34 of the Community Planning Act, enacts as follows:

PART 1 GENERAL CLAUSES

SECTION 1 TITLE AND SCOPE

1. This By-law may be cited as “The Town of Grand Bay-Westfield Zoning By-law”.

2. This By-law:

(a) divides the Municipality into zones;

(b) prescribes, subject to powers reserved in the Planning Advisory Committee;

i) the purposes for which land, buildings and structures and any zone may be used, and;

ii) standards to which land use, placement and use of buildings and structures must conform, and;

(c) prohibits the use, placement, erection or alteration of land, buildings structures other than in conformity with the purposes and standards mentioned in clause (b).

3. Any reference to the “Town” refers to the Town of Grand Bay-Westfield.

4. Any reference to the “Council” refers to the Town Council of the Town of Grand Bay-Westfield.

5. Any reference to “ the Building By-law” refers to the Building By-law of the Town of Grand Bay-Westfield and amendments thereto.

SECTION 2 OPERATION, INTERPRETATION AND ZONES

2.1 Administration

The Development Officer for the Town of Grand Bay-Westfield shall be charged with the general administration of this by-law.

2.2 Other By-laws, Permits And Licenses

1. Nothing in this by-law shall relieve any person from the obligation to comply with the requirements of the Building By-law or any other By-law of the Town of Grand Bay-Westfield in force from time to time, or the obligation to obtain any license, permit, authority or approval required under any By-law of the Town of Grand Bay-Westfield. Where there is a conflict between the Grand Bay-Westfield Municipal Plan By-Law and this By-Law, the Grand Bay-Westfield Municipal Plan By-Law prevails.

2. Applicants applying for development and building permits are responsible to obtain all other approvals and permit, required by applicable Provincial legislation.

2.3 Calculation of Numerical Requirements

1. All numerical requirements in this by-law are provided in metric units of measurement.

2. Except as otherwise provided in this by-law, where calculation of numerical requirement under this by-law results in a fraction:

(a) a fraction less than one-half shall not be taken into consideration;

(b) a fraction of one-half or more shall equal the next higher full number.

2.4 Zoning Map

The “Town of Grand Bay-Westfield Zoning Map” forms Schedule “A” of this by-law. This map divides the Town of Grand Bay-Westfield into zones, for which the regulatory provisions of this by-law apply.

2.5 Boundaries of Zones

. Boundary lines relating to this by-law are shown on the Zoning Map, Schedule “A” in the case where the zone

(a) substantially follows a street, lane, railway right-of-way or water course, the centre line of such feature is the boundary;

(b) substantially follows lot lines shown on the registered plan of subdivision, such lines are the boundaries;

(c) runs substantially parallel to a street line and the distance from the street line is not indicated, the boundary shall be deemed to be parallel to such street line and the distance from the street line shall be determined according to the scale shown on the zoning map;

(d) follows the shore line of a river or water course, the mean high water mark is the boundary;

(e) follows a street or lane and the street or lane is subsequently closed, the land in the closed street or lane is included in the zone of the abutting land, and if such street or lane forms the boundary between two or more different zones, the centre line of the closed street or lane is the boundary.

2.6 Permitted Uses and Requirements

1. The permitted uses, the minimum sizes and dimensions of lots, the minimum set back distances, the maximum lot coverage, the maximum height of buildings and all other zone requirements are set out herein for the respective zones.

2. Except as otherwise provided, in any zone, all land shall be used and all buildings or structures or parts thereof, shall be placed, erected, altered or used only in conformity with the requirements of the part of this by-law pertaining to such zone.

2.7 Development Adjacent to a Stream or Water Course

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 Department of Environment.

2.8 Zoning By-law Amendments

1. A person who seeks to have this By-law amended:

(a) shall address a written and signed application to the Council accompanied by a fee of $1,000.00, or as prescribed by Council;

(b) shall, where the application involves rezoning an area of land from one zone to another, include therewith:

(i) a statement as to the ownership thereof, and;

(ii) the signature of at least one owner of each parcel of land therein.

(c) notwithstanding Section 2.8.1. (b)(ii), Council may initiate a Zoning By-law Amendment without the signature of the owner(s) of the parcel(s) of land involved in the zoning, provided that the amendment obtains the support of a majority of the whole Council.

2. The Council may, if it deems fit, return all or any part of the fee paid in Section 2.8.1.(a).

2. An application under this section shall include such information as may be required by the Council for the purpose of adequately assessing the desirability of the proposal.

4. Unless the Council is of the opinion that there is valid new evidence of change in conditions, where an application under this section has been refused by the Council, no further application may be considered by the Council for one year if such application:

(a) in the case of re-zoning, is in respect of the same area of land and, is in all significant particulars, intended to seek the same zone originally sought or, is to obtain the same zoning changes as originally sought;

(b) not being in relation to re-zoning, is similar to the original application.

2.9 Temporary Use Permit

The Planning Advisory Committee, subject to such terms and conditions as it considers fit:

(a) may authorize, for a temporary period not exceeding one year, a development otherwise prohibited by this by-law, and;

2. shall require the termination or removal of a development authorized under clause (a) at the end of the authorized period.

10. Protection of Ground Water Capacity

In setting out terms and conditions for any rezoning or discretionary use that involves permanent or temporary accommodation of large numbers of people (commercial/institutional or residential uses) or a business/industry that uses a large quantity of water, the Planning Advisory Committee and/or the Council will require sufficient evidence (engineering report, hydrogeological study, etc.) to be reviewed by the Town Engineers, to consider that there is adequate capacity not to adversely affect existing wells on adjacent property.

SECTION 3 DEFINITIONS

In this by-law,

1. ACT means the Community Planning Act, Chapter C-12 R.S.N.B. 1973 and amendments thereto.

2. ADULT CABARET means a nightclub, bar, restaurant, or similar establishment that features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities.

3. ADULT ENTERTAINMENT means any adult use including adult arcades, adult cabarets, adult motion picture theatres, adult retail outlets/bookstores, escort services and massage parlors.

4. ADULT MOTION PICTURE THEATRE means any establishment where, for any form of consideration, films, motion pictures, video cassettes, digital video discs, or other photographic reproductions are shown which are characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

5. ADULT RETAIL OUTLET / BOOKSTORE means an establishment with the principle purpose to offer sale or rent, for any form of consideration, and of the following:

1. books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, digital video discs, slides, or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or

2. instruments, devices, or paraphernalia that are designed for use in connection with sexual activities.

6. AGRICULTURAL USE means any use of land for the purpose of producing crops and livestock.

7. ALTER means to make any change, structural or otherwise, which is not for the purpose of maintenance only in a building or structure and includes a change of use.

8. BACHELOR APARTMENT means a dwelling in which the sleeping and living areas are combined into one habitable room with kitchen, and sanitary facilities.

9. BASEMENT means that portion of a building between two floor levels which is partly underground and which has at least one-half of its height from the finished ceiling above grade.

10. BED & BREAKFAST means for the purpose of this plan, a tourist home as set out in Section 5.3., within a private dwelling, which is the principal residence of the owner/operator providing temporary accommodations and shared common living space with travelers or transients on a year-round basis, serving breakfast to guests but no other meals, and may have up to three (3) sleeping units.

11. BOARDING HOUSE means a dwelling in which lodging and meals are regularly provided for compensation to three or more persons other than the occupant and members of his/her family, but does not include a hotel/motel, hospital, tourist home or other establishment otherwise classified or defined in this by-law.

12. BUILDING means any structure which is used or intended to be used as a shelter for the accommodation of persons, animals or chattels, but does not include a trailer or mobile home.

13 BUILDING, ACCESSORY means a detached subordinate building, not used for human habitation, located on the same lot as the main building, structure or use to which it is accessory, the use of which is naturally or customarily incidental and complementary to the principal use of the land, building or structure.

14. BUILDING, MAIN means a building in which is conducted the main or principal use of the lot on which the building is located.

15. CELLAR means that portion of a building between two floor levels which is underground to the extent that more than one-half of its height is below grade.

16. COMMERCIAL GARAGE means any building or enclosure in which motor vehicles are stored or repaired but not including body shops.

17. COMMITTEE means the Planning Advisory Committee established by the Council.

18. 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.

19. CONVENIENCE CENTRE, LOCAL means a commercial convenience development having a maximum gross leasable area of 1,000 square metres and a maximum of three stores.

20. COUNCIL means the Town Council of the Town of Grand Bay-Westfield.

21. CUL-DE-SAC means a street designed to have one end permanently closed, with the closed end terminated by a vehicular turnaround (or Bulb), and which does not intersect with another street.

22. DAYCARE FACILITY means an establishment for the provision of care and supervision of 6 to 15 children operating in a residential area.

23. DISCRETIONARY USE means those uses of land, buildings and structures which may only be permitted subject to Planning Advisory Committee approval, and such terms and conditions as determined by the Committee.

24. DRIVE-IN BUSINESS means an establishment which services customers traveling in motor vehicles driven onto the site where such business is carried on and where normally the customer parks the motor vehicle for a short period of time for the purpose of doing business at the premises.

25. DRIVE-THRU BUSINESS means an establishment which is designed to provide either wholly or, in part, service to customers while in their automobiles.

26. DWELLING means a building or portion thereof, used for residential occupancy, containing one or more separate dwelling units, but does not include hotels and motels.

27. DWELLING, DUPLEX means a separate 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.

28. DWELLING, MULTIPLE means a dwelling containing more than two dwelling units.

29. DWELLING, ONE-FAMILY refers to a detached building having independent exterior walls and containing only one dwelling unit.

30. DWELLING, SEMI-DETACHED means a separate building divided vertically into two dwelling units each of which has an independent entrance directly or through a common vestibule.

31. DWELLING, TWO-FAMILY means a duplex or semi-detached dwelling.

32. DWELLING, MINI 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.

33. DWELLING, MOBILE HOME means a manufactured, movable or portable dwelling unit constructed to be towed to its appropriate site on its own chassis, connected utilities and designed for year-round living. It may consist of one or more parts that can be folded, collapsed or telescoped for towing to the appropriate site and expanded later for additional cubic capacity to be jointed into one integral unit. The mobile home must contain sleeping accommodation, a flush toilet, a tub or shower, bath and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems.

34. DWELLING, ROW means housing consisting of a building containing a row of three or more dwellings joined in whole or in part by vertical party walls. Each dwelling shall have separate and direct access to grade.

35. DWELLING UNIT means a room or suite of two or more rooms with one mailing address for use, or intended for use by one or more individuals in which kitchen and sanitary conveniences are provided for the exclusive use of such individual(s), and with a private entrance from outside the building or from a common hallway or stairway inside, but does not include hotel, motel, boarding and/or lodging or rooming house, or recreational vehicle.

36. ERECT means to construct, build, assemble or relocate a building or structure, and any physical operations preparatory thereto.

37. FAMILY, means:

(a) one person occupying a dwelling unit;

(b) two or more persons related by heredity, marriage or adoption occupying a dwelling unit;

(c) a group of not more than four unrelated persons occupying a dwelling unit;

(d) for the purposes of this by-law, Family is deemed to include:

1. not more than four foster children placed with the family under the Family Services Act of New Brunswick; or

2. not more than two related or unrelated persons whose status is that of paying boarders and who live with one person occupying a dwelling unit, or with two or more persons occupying a dwelling unit who are related by heredity, marriage or adoption.

(e) a Family does not include a group of children or adults living together under the direct supervision of a government or private agency. Such a group shall be classified as living in a Group Home.

38. 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.

39. FLOOR AREA GROUND means the floor area of the first storey of a building located at or above grade.

40. FRONTAGE refers to Lot Frontage.

41. GARAGE means an accessory building or part of a principal building designed and intended for the exclusive use of the storage of motor vehicles and equipment.

42. GARAGE SALE means the sale at retail of consumer or personal goods and merchandise, either new or used, from a yard or garage which the general public may attend.

43. GASOLINE BAR means an establishment where motor vehicle fuel and other liquids necessary for the operation of a vehicle are sold to the general public, and may include the sale of convenience items. “Service Station” is a separate use.

44. GRADE means the average of the finished ground surface adjacent to a building, excluding localized depressions such as vehicle or pedestrian entrances.

45. GROUP HOME means a residence for the accommodation of five or more persons, exclusive of staff, living under supervision in a single housekeeping unit and who, by reason of their emotional, mental, social or physical condition or legal status, require a group living arrangement for their well being. 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.

46. 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.

47. HOME OCCUPATION means subject to Section 68, an occupation or business which is conducted in a portion of a dwelling unit by a person who uses the dwelling unit as his primary place of residence and which is clearly secondary and incidental to the residential use of the dwelling unit.

48. HOTEL/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.

49. INN means for the purpose of this plan, a tourist home as set out in Section 5.3. within a private dwelling with separate temporary accommodations for travelers or transients on a year-round basis, and may have up to ten (10) sleeping units, a public dining room and convention meeting room.

50. HOUSEHOLD PETS includes only dogs, cats, or birds in hanging cages.

51. LANDSCAPED OPEN SPACE means a portion of the lot area which is not used for buildings, structures, parking spaces and driveways and which consists of grass, flower beds, shrubbery, other forms of natural landscaping or a combination thereof.

52. LOT means a parcel of land or two or more adjoining parcels held by the same owner and used or intended to be used as the site for a building or structure or an appurtenance thereto.

53. LOT, CORNER means a lot having two or more adjacent sides fronting on two or more intersecting or intercepting streets.

54. LOT, INTERIOR means a lot other than a corner lot.

55. LOT FRONTAGE means the horizontal distance measured along a street. Where a lot abuts two streets, the lesser lot line shall be deemed the lot frontage. In the case of a curved corner or where side lot lines are not parallel, lot frontage means the distance between the side lines 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.

56. LOT LINE means a common line between a lot and an abutting lot, lane or street.

57. LOT LINE, REAR means a lot line extending along the rear of the lot.

58. LOT LINE, SIDE means a lot line extending from the street line to the rear of the lot.

59. LOT COVERAGE means the percentage of lot area covered by buildings and structures above established grade, but does not include uncovered swimming pools and unenclosed porches, patios and decks.

60. LOT, THROUGH, means a lot bounded on two opposite sides by streets.

61. OPEN OR OUTSIDE STORAGE means the storage of materials and equipment in the open air, including material covered by canvas or plastic only, but excluding vehicle parking and loading.

62. PARKING LOT means an open area of land, other than a street, used for the parking of vehicles.

63. PERMITTED USE means those uses of land, building and structures which are permitted as a matter subject only to the requirements of this and other Town By-laws.

64. PORTABLE GARAGE means a collapsible structure covered with plastic or fabric, used for the purpose of temporarily storing vehicles and/or the covering of driveways.

65. PUBLIC STREET means a highway, road or street owned or maintained by the Municipality.

66. PRINCIPAL USE means the primary purpose for which a parcel, building or dwelling unit is used.

67. RECREATION ESTABLISHMENT means:

1. premises where entertainment is offered for gain or profit such as a motion picture or other theatre, public hall, billiard or pool rooms, an establishment offering three or more electronic games for public use, bowling alley, ice or roller skating rink, miniature golf and all other similar places or amusment excluding adult entertainment.

2. A recreation facility operated as a business and open to the public for a fee.

3. 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

68. RECYCLING DEPOT means an establishment for the receipt of bottles, cans and other recyclable materials.

69. RESTAURANT means an establishment where food is prepared and offered for sale to the public for consumption within the building or structure or to be taken off the premises.

70. RESTAURANT, DRIVE-THRU means an establishment whose ready-to-eat food is served to the public through a service window, and where the consumption of the food in motor vehicles on the premises is not encouraged.

71. RESTAURANT, TAKE-OUT means an establishment where food and beverages are prepared and offered for retail sale to patrons for consumption at a site not on the premises.

72. RETAIL STORE means an establishment for the retail sale or rental of goods, wares, merchandise, substances, articles or things and may include supplementary postal services, film processing, repair of articles sold or rented by the store and food consumption areas not exceeding 20% of the gross leasable area.

73. ROOMING HOUSE means a dwelling in which furnished habitable rooms are regularly provided for compensation to three or more persons other than the occupant and members of his family, but does not include a hotel, apartment dwelling, boarding house or tourist home.

74. SCREENING means the use of landscaping, fences or berms to visually and/or audibly separate areas or uses.

75. SENIOR CITIZEN RESIDENCES means any home for senior citizens sponsored and administered by any agency, service club, church or other organization. Such homes may include auxiliary uses such as club and lounge facilities usually associated with senior citizen development.

76. SERVICE STATION means an establishment where gasoline, oil, grease, anti-freeze, tires and accessories for motor vehicles are stored and kept for sale, and where repairs to motor vehicles are performed.

77. SHOPPING CENTRE, COMMUNITY means a shopping centre having between 5,000 square metres and 25,000 square metres of gross leasable area and intended to serve more than the surrounding residential neighbourhoods.

78. SHOPPING CENTRE, NEIGHBOURHOOD means a shopping centre having between 1,000 square metres and 5,000 square metres of gross leasable area and intended to serve the surrounding residential neighbourhoods.

79. STOREY means:

4. that portion of a building between the surface of any floor and the surface of the floor next above it, and if there is no floor above it, then the portion between such floor and the ceiling next above it; or

b) a basement or cellar, if the average vertical distance from grade to the ceiling thereof is over 1.5 metres 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).

80. STREET LINE means the common line between a street and a lot.

81. STRUCTURE means anything constructed or erected on or below the ground, or attached to something on the ground, and includes all buildings.

82. SWIMMING POOL means pre-manufactured or man made structure located outdoors either in or above the ground, intended to contain water for recreational purposes including swimming or diving although used seasonally; designed to be capable of holding water to a depth of 0.6 m or more.

83. TAVERN means a tavern licensed under the Liquor Control Act of New Brunswick and includes a beverage room.

84. TEMPORARY USE means a use and/or structure permitted to exist for a limited amount of time in accordance with the provisions of the Community Planing Act of New Brunswick and this by-law.

85. TOURIST HOME means a single detached dwelling providing tourist accommodation as set out in Section 5.3.

86. USE means the purpose for which land or a building or structure or any combination thereof, is designed, arranged, erected, intended, occupied or maintained.

87. USE, ACCESSORY means a use that is naturally and normally incidental subordinate and exclusively devoted to the main use, or to the main building or structure, and located on the same lot with such main use or building or structure.

88. USE, SECONDARY means a use, other than the main use permitted in a building or a structure.

89. YARD means that part of a lot unoccupied by main buildings or structures.

90. YARD, FRONT means a yard extending across the full width of the lot between the street line and the nearest wall of the main building on the lot.

91. YARD, REAR means a 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.

92. YARD SALE has the same meaning as GARAGE SALES.

93. YARD, SIDE means a 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.

SECTION 4 GENERAL PROVISIONS

4.1 Uses Permitted In All Zones

Nothing in this by-law shall prevent the use of any land for:

(a) public streets

(b) public parks and playgrounds

(c) utility services

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, R.S.N.B., C-m12 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 Mixed Uses

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.

4.4 Utilities And Infrastructure

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.

4.5 Undersized Lots

This By-law does not prevent the use of an existing lot provided:

(a) that the use of such lot is permitted in the zone in which said lot is located;

(b) that the setbacks, height, coverage and all other relevant requirements of the zone are maintained.

4.6 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.

4.7 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.

4.8 Height Exceptions

The height restrictions of this by-law shall not apply to church towers, chimneys, water storage tanks, telecommunication towers, or to structures housing mechanical equipment.

4.9 Carports, Attached Garages, Sundecks And Other Projections Into Yards

1. Carports and Attached Garages An attached carport may be permitted over a driveway in a side yard if the use of such structure is not more than one (1) storey in height and subject to subsection 3, provided that no part of the carport or garage is located less than one half the setback from the lot line of the abutting side lot. The maximum floor area coverage shall be no more than 70 square metres or 10% of the lot area, whichever is the lesser.

2. Conversions of Carport or Attached Garage to Habitable Space No portion of an attached carport shall be converted to a habitable space, unless:

(a) the carport or garage is located so as to meet the minimum side yard requirement for the zone, and;

2. the required parking is located beyond the required front yard setback of a one family dwelling, semi-detached dwelling or duplex dwelling.

3. Architectural Features Cornices, eaves, belt courses, sills, canopies, bay windows or other similar architectural features, may extend or project into a required side yard not more than 0.5 metres and may extend or project into a required front or rear yard not more than 0.75 metres. Chimneys may also project into a required front, side or rear yard not more than 0.5 metres.

4. Stairways Exterior stairways or stair balconies may extend or project into a required front yard or rear yard not more than 1.5 metres.

5. Sundecks and Platforms

(a) Rear Yard Porches, platforms, landing places or sundecks may extend or project into a required rear yard as follows:

(i) where the mean height of the structure from the adjacent grade to the bottom of the structure does not exceed 0.5 metres in height, such a structure may extend to within 1.5 metres of the rear lot line;

(ii) where the mean height of the structure from the adjacent grade to the bottom of the structure exceeds 0.5 metres in height, such a structure may extend to within 2.0 metres of the rear lot line.

(b) Side Yard Porches, platforms, landing places or sundecks may extend or project into a required side yard to within:

(i) 1.8 metres of the side lot line on the non-driveway side of the main structure;

(ii) 1.5 metres of the side lot line on the driveway side where a garage or carport is attached to the main structure;

(iii) 3.5 metres of the side lot line on the driveway side where no garage or carport is attached to the main structure;

(iv) 1.8 metres of the side lot line on the driveway side, where the distance from the front lot line equals or exceeds 12 metres.

2. Front Yard Porches, platforms, landing places, or sundecks may not extend into the required front yard setback area of the zone.

5. Portable Garages portable garages may be permitted on any residential lot, as long as a front yard and side yard setback of 1 metre is maintained. Such garages shall be permitted to be located on residential property between October 15 and April 30, inclusive. No permit is necessary for such uses, but a written approval from the development officer is required for the first installation only if subsequent installations are done in the same location. The maximum area shall be 56 square metres. For any canvas car shelter bigger than 56 square metres, they shall meet the standards established for accessory structures (Section 5.1).

4.10 Site Triangle On Corner Lots

Notwithstanding the provisions of this by-law, no building or structure shall be erected on a corner lot included within the triangular space measured a distance of 6 metres from the point of intersection of the street/lot lines. Furthermore, hedges, shrubs or foliage shall not be planted or maintained within the triangular space measured a distance of 6 metres from the point of intersection of the street/lot lines between the length of one (1) and three (3) metres above the grade of the street which would obstruct the view of a driver of a vehicle approaching the intersection.

11. Powers of Planning Advisory Committee

1. Prohibition of Development

No building or structure may be erected on any site where it would otherwise be permitted under this by-law when, in the opinion of the Planning Advisory Committee, the site is marshy, subject to flooding, excessively steep or otherwise unsuitable by virtue of its soil or topography.

2. Temporary Use Permit

The Planning Advisory Committee may, subject to such terms and condition, as it considers fit:

1. authorize, for a temporary period not exceeding one year, a development otherwise prohibited by this by-law; and

2. require the termination or removal of a development authorized under clause (a) at the end of the authorized period.

3. Similar and Compatible Use:

1. The Planning Advisory Committee may permit a proposed use of the land or 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. The Planning Advisory Committee when determining if a use is similar and compatible shall give consideration to a potential conflict with the neighbourhood with respect to:

9. noise

(ii) parking

3. provision of screening

4. quality and amount of landscaping and buffering

5. quantity of traffic generation

6. scale and form of building

7. any additional information required by the Committee to evaluate the proposal

2. Approval of a similar and compatible use may be subject to terms and conditions imposed by the Planning Advisory Committee

3. The Council may enter into an agreement to assure the performance of the conditions set out in subsection (b).

4. Non Conforming Uses:

The Planning Advisory Committee may permit the reconstruction of a damaged structure forming a non-conforming use, allow for the non-conforming use to be extended through an existing building, or allow a non-conforming use to be changed to a similar non-conforming use under the provisions of Section 40 of the Act.

5. Variance Applications

1. A person who seeks a variance from this by-law shall address a written and signed application in a form acceptable to the Development Officer to the Planning Advisory Committee along with applicable fee;

2. Before granting a variance the Planning Advisory Committee may carry out such investigation as it deems necessary;

3. Approval of a variance may be subject to terms and conditions imposed by the Planning Advisory Committee;

4. The Council may enter into an agreement to assure the performance of the conditions set out in subjection (c).

6. Discretionary Uses

1. Discretionary uses are approved subject to terms and conditions imposed by the Planning Advisory Committee.

2. Discretionary uses may be prohibited by the Planning Advisory Committee where compliance with terms and conditions imposed by clause (a) cannot reasonably be expected.

3. Discretionary uses are listed in each zone as “Uses subject to PAC conditions”.

4. The Council may enter into an agreement to assure the performance of the terms and conditions set out in subsection (a).

SECTION 5 SPECIAL LAND USE REGULATIONS

5.1 Accessory Structures and Storage Tanks

1. Zones Permitted Accessory structures and storage tanks are permitted in each Zone where a main building exists.

2. Lot Coverage and Number of Accessory Structures The number of accessory structures shall not exceed two (2) per lot in residential zones. The total lot coverage of all accessory structures, including a detached private garage, shall not exceed the lesser of 10% of the area of the lot or 75 square metres.

3. Side and Rear Yard Setback Requirements:

(a) Commercial and Industrial

In commercial and industrial zones any accessory structure or storage tank shall be at least 3 metres from the side lot line or rear lot line;

(b) 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.

4. Front Yard Setback Requirements

No accessory building or structure may be placed within the required front yard setback area of the zone.

5. Height No accessory structure, excluding a satellite dish and communication tower, shall exceed the height of the main building on the lot and in no case shall it exceed 6 metres in height measured from grade to the highest point of any portion of the roof.

6. Corner Lots In zones which permit accessory structures, no accessory structure, including storage tanks, satellite dishes and communication towers, shall be erected on a corner lot at a distance from the street line less than the front yard and corner lot side requirements for the main building.

7. 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.

8. Separation of Structures No part of an accessory building or structures should be located within one and one half (1.5) metres of the main building on the lot.

9. Permitted uses No accessory building shall be used for:

(a) Living quarters (dwelling unit);

(b) Agricultural purposes or keeping of animals other than household pets subject to Section 8.1.5.

5.2 Group Homes:

Where permitted, Group Homes shall:

1. maintain a minimum radius of 183 metres from another Group Home;

2. require one (1) on-site parking space for four (4) beds, plus one (1) on-site parking space per two employees on a maximum shift;

3. be limited to one family dwellings;

4. be inspected by the Building Inspector and, prior to being occupied, shall satisfy all applicable Building and Fire Code regulations;

5. not permit a Tourist Home, Home Occupation or Daycare Facility to be operated on the property.

5.3 Tourist Homes/Bed and Breakfasts

Where permitted, Tourist Homes shall:

1. be limited to one family dwellings;

2. limit Bed and Breakfast operations to no more than three (3) sleeping units in the building or as regulated by the Tourism Act;

3. limit Inn operations to no more than ten (10) sleeping units in the building;

4. require a minimum area of a room, exclusive of bathroom, closets and foyers, that may be used for sleeping accommodations for:

(a) one occupant must be 10 square metres;

(b) two occupants must be 12 square metres;

(c) three occupants must be 14.5 square metres.

5. not permit cooking equipment in a room that is used for sleeping accommodation;

6. provide and maintain an easily accessible water toilet, a wash basin and a bath tub or shower served with both hot and cold water for every eight occupants of the Tourist Home;

7. not permit any sign visible from the outside of the house, advertising the existence of the Tourist Home or the availability of a room except:

(a) in a residential zone, one non-illuminated sign attached to the building not exceeding 0.4 square metres in area is permitted;

(b) in a zone other than a residential zone, one non-illuminated fascia sign not exceeding the provisions in this by-law under Section 7.2.3 for a fascia sign.

8. permit only breakfast to be served solely for lodgers on the premises for Bed and Breakfast operations;

9. permit, a public dining room and convention meeting room for Inn operations;

10. not permit a Group Home, Home Occupation or Daycare Facility on the same property;

11. the person operating the Tourist Home shall hold a valid licenses therefor issued by the agency/agencies having jurisdiction or authority.

5.4 Home Occupations

Home occupations are permitted within the residential zone; located only in one family dwellings and shall:

1. have a floor area of the dwelling unit which is devoted to the home occupation which does not exceed 40m² square metres or 20% of the useable floor area;

2. have no visible indication from the exterior that a home occupation is being carried out in the dwelling unit except for one (1) non-illuminated fascia sign which shall not exceed 0.4 square metres in area;

3. not permit the direct retail sale of goods not produced or manufactured on the premises;

4. shall not include clinics, hospitals, veterinary hospitals, automobile repair shops, welding shops, tea rooms, restaurants, and kennels;

5. not generate off-site electrical interference, dust, noise, smoke or traffic;

6. not permit any external storage of materials or containers to indicate to persons outside that any part of the premises is being used for a home occupation;

7. comply with Section 6.1.2 with respect to the parking of commercial vehicles in Residential Zones;

8. be conducted in a portion of the dwelling unit in which the family resides;

9. not employ or have involved in the Home Occupation any more than one assistant, employee, or associate who is not a member of the family residing on the premises;

10. provide two (2) parking spaces, in addition to the normal parking space requirements of the zone;

11. not permit a Group Home, Daycare Facility and Tourist Home/Bed and Breakfast on the property.

5.5 Daycare Facility

Where permitted, Daycare Facilities shall:

1. require that the owner/operator of the Daycare Facility reside on the subject property;

1. not be located on any corner lot;

3. maintain a minimum distance of 400 metres between daycare facilities;

4. be located on a street which permits on-street parking;

5. require that Signage comply with the sign regulations of this by-law;

6. require that on-site parking provide:

(a) 1 parking space per dwelling unit;

(b) 1 parking space per employee;

(c) 1 parking space per 10 children.

7. comply with all provincial regulations as stated in the Family Services Act of New Brunswick;

8. not permit a Group Home, Tourist Home/Bed and Breakfast or other Home Occupation on the same property.

5.6 Satellite Dishes And Communication Towers

1. Communication towers and satellite dishes shall not be permitted on that portion of a roof of a building in or abutting a residential zone facing the street. In the case of satellite dishes, exception can be made by the Development Officer where no alternative exists on the property;

2. Satellite dishes and communication towers in or abutting a residential zone shall be subject to all accessory building provisions of this by-law except Sections 5.1.2 and 5.1.4;

3. Where, in the opinion of the Development Officer, there is a risk of injury to occupiers or others, communication towers shall be equipped with appropriate “anti climb” devices or such other equipment as required to restrict the access of the public thereto;

4. The Development Officer shall have the authority to require that all satellite dishes and communication towers be appropriately painted and landscaping be properly undertaken to minimize the impact of the appearance of such satellite dishes and communication towers on the adjacent properties.

5.7 Swimming Pools

5.7.1 Residential Zones

1. No swimming pool shall be constructed or located unless:

(a) it is the accessory use of the principal residents of the property on which it is located;

(b) minimum setback from any street line shall be 7.5 metres;

(c) minimum setback from any other lot line shall be 3 metres;

(d) minimum set back for sundeck and platforms to conform to 4.10.5;

(e) the pool or any portion there of is clear of any overhead electrical services wires or communication wires.

5.7.2 Commercial and Institutional Zones

1. no swimming pool shall be placed in any required front, side or rear yard setback;

2. no swimming pool shall be placed closer than 12 metres to any lot line if the adjacent land is in a Residential Zone;

3. no swimming pool or any portion thereof shall be located directly under any electrical service wires or communication wires.

5.7.3 Enclosures for Swimming Pools

1. No land may be used for the purpose of a swimming pool unless the pool is enclosed by a fence or by a wall or a building or structure, or by a combination of walls and fences, at least 1.5 metres in height and meeting the requirements of this section.

2. Where a portion of a wall of a building forms part of an enclosure referenced in Section 5.7.3.1:

1. no main or service entry to the building may be located therein;

and

(b) any door therein, other than a door to a dwelling or dwelling unit(s), shall be self-closing and equipped with a self-latching device at least 1.5 metres above the bottom of the door.

3. An enclosure described in Section 5.7.3.1 shall not have rails, bracing or other attachments on the outside thereof that would facilitate climbing.

4. A fence described in Section 5.7.3.1,

(a) shall be made of chain link construction, with galvanized, vinyl or other CSA approved coating, or of wood or other materials, in the manner described in Section 5.7.3.5;

(b) shall not be electrified, or incorporate barbed wire or other dangerous material;

(c) shall be located:

1. at least 1.25 metres from the edge of the water contained in the swimming pool, as described in Section 5.7.1.(c);

and

(ii) at least 1.25 metres from any condition that would facilitate its being climbed from the outside.

5. The design and construction of a fence under this section shall provide:

(a) in the case of chain link construction;

(i) no greater than 4 centimetres diamond mesh;

(ii) steel wire not less than No. 12 gauge, or a minimum of No. 14 gauge approved coating, forming a total thickness equivalent of No. 12 gauge wire;

and

(iii) at least 4 centimetres diameter galvanized steel posts or equivalent, set below frost line in an envelope of concrete and spaced not more than 3 metres apart, with a top horizontal rail at least 4 centimetres diameter steel;

(b) in the case of wood construction:

9. vertical boarding, not less than 2.5 x 10 centimetres nominal dimensions spaced not more than 4 centimetres apart, attached to supporting members and arranged in such manner as not to facilitate climbing on the outside;

and

(ii) supporting cedar posts at least 10 centimetres square, or round with 10 centimetres diameter, set below frost line and spaced not more than 2.5 metres apart, with the portion below grade treated with a wood preservative, and with a top horizontal rail of at least 5 x 15 centimetres nominal dimensions;

(c) in the case of a construction with materials and in a manner other than described in this subsection, rigidity equal to that provided herein.

6. Gates forming part of an enclosure mentioned in Section 5.7.3.1:

(a) shall be equivalent to a fence in content, manner of construction and height;

(b) shall be supported on substantial hinges; and

(c) shall be self-closing and equipped with a self-latching device at least 1.45 metres (minimum) above the ground.

5.8 Licensed Premises

1. Licensed premises, excluding restaurants and excluding businesses in the Central Commercial Zone, shall not be located:

1. within 300 metres of a church or school lot line, measured from the property line of the subject property;

(b) in a building also used for dwelling purposes, other than one dwelling unit used for a caretaker, watchman, owner or operator of the licensed premises.

2. Applications for a liquor licensed establishment, where the license applied for from the Province is other than a Dining Room license, will only be permitted as an amendment to the Zoning By-law, subject to Section 39 agreement under the Community Planning Act of New Brunswick and to such terms and conditions as may be imposed by Council.

5.9 Fences

1. Notwithstanding any other provision of this by-law, subject to this section, a fence may be placed or located in a yard;

2. Subject to Section 4.11, no fence along a street line may exceed 1.2 metres in height, and;

3. No fence may exceed the height of:

(a) 1.5 metres in a Residential or Mobile Home Zone;

or

(b) 2.5 metres in a zone other than a Residential or Mobile Home Zone.

4. No fence shall be located within 1.5 metres of a street line in all zones.

5. No fence shall be located:

(a) within 150 mm of a property line in the case of chain link construction;

or

(b) within 600 mm of a property line for all other types of construction.

6. Notwithstanding 5.9.5 of this Section where both owners of adjacent properties have applied for and signed the Building Permit, a fence may be placed exactly on the property line;

7. No fence shall be electrified or incorporate barbed wire or other dangerous materials;

8. Notwithstanding 5.9.6 of this Section fences other than a chain link fence, shall be installed with the finished side facing the adjoining property.

5.10 Garage Sales And Yard Sales

1. Subject to subsection (2), garage sales and yard sales are permitted as of right in all zones;

2. No more than (3) three garage sales or yard sales shall be held by any owner or occupant of a dwelling in any calendar year;

3. Garage/Yard sale signs are permitted under Section 7.1.4 not requiring a permit.

SECTION 6 PARKING, ACCESS, LOADING AND LIGHTING

6.1 General Provisions For Parking

6.1.1 Location of Parking Facilities

All required parking spaces shall be provided on the same property as the building or structure.

6.1.2 Commercial Vehicles in Residential Zones

Only one commercial vehicle per dwelling unit may be parked overnight on any one lot in any Residential Zone, provided however, that the one commercial vehicle permitted is not more than one and one-half tons capacity and is operated by the resident of the dwelling unit.

6.1.3 Parking Space Dimensions

Each vehicle parking space shall be in accordance with the following stall width and length, and minimum driveway width. Angle parking shall only allow one way traffic.

Type of Parking	Minimum Stall Width	Minimum Stall Length	Minimum Driveway Width
Parallel	2.75 metres	6.0 metres	4.0 metres
Angle	2.75 metres	6.0 metres	5.5 metres
Perpendicular	2.75 metres	5.5 metres	7.5 metres
Handicap	Should meet Provincial Guidelines

6.1.4 Landscaping

1. The first 6 metres of the front yard setback area shall be landscaped open space, except for exits and entrances.

2. In addition to the above, in residential zones, the required rear yard and non-driveway side yard setback area shall be landscaped open space.

6.1.5 Access to Zones, Excluding Commercial Zones and Industrial Zones

1. The number of driveways shall be limited to not more than two (2) driveways for each 30 metres of frontage, and no more than three (3) driveways are permitted for frontages over 30 metres.

2. The maximum curb cut width of each driveway to one family, semi-detached and duplex dwellings shall not exceed 6 metres.

3. The minimum curb cut width of each driveway to parking areas shall be:

15 parking spaces or less Minimum 4.5 metres

16 parking spaces or more Minimum 6 metres

6.1.6 Access to Commercial Zones and Industrial Zones

1. The number of two-way driveways shall be limited to one per lot frontage except when the lot has a frontage of over 75 metres where two accesses are permitted if a minimum of 20 metres is provided between the centre line of each driveway. No more than two (2) driveways shall be permitted per lot.

2. A pair of driveways may be located on a lot in place of one two-way driveway if driveways are designed and signed for one-way use and if a minimum of 20 metres is provided between the centre lines of each driveway, measured at the street line.

3. All driveways to a corner lot shall be located no closer than 11 metres from the intersection of the lot lines along two streets with the exception that no driveway may be located within 30 metres of :

(a) an intersection of two or more streets if traffic at such intersection is controlled by traffic lights;

(b) if an at-grade intersection in the form of several legs or a traffic circle, or with island channelization or other similar traffic control devices;

(c) an interchange; or

(d) a railway grade crossing.

4. If access is provided to a Regional Shopping Centre or Community Shopping Centre, all driveways on a corner lot shall be located no closer than 60 metres from the point where the lot lines along two streets intersect.

5. No driveway may have a width in excess of:

(a) 9.0 metres for two-way operation;

(b) 7.0 metres for one-way operation.

6. Driveway widths mentioned in subsection (5) may be increased to 11 and 9 metres respectively where:

(a) a substantial portion of the vehicular traffic is composed of tractor trailers of 18 metres, or over, in length;

2. the abutting street is an arterial with four or more traffic lanes;

(c) the slope of the access where it meets the abutting street is at least 6% more or less than the slope of the street.

7. No driveway shall meet the travelled portion of the fronting street at an angle of less than 60 degrees.

8. Driveways shall be located at least 3 metres from the property line.

9. Every driveway shall be maintained with an all-weather, dust free surfacing sufficient to carry imposed loads.

6.1.7 Queuing Space

1. Queuing spaces shall be provided for Drive-Thru Business (including Drive-Thru Restaurant and Car Wash), Gasoline Bar, Automotive Service Station, and Drive-In Commercial Garage, as follows:

1. Drive-Thru Business, including Drive-Thru Restaurant and Car Wash:

(i) In-Bound 6 in-bound queuing spaces shall be provided for vehicles approaching the drive-up service window and any overflow beyond six vehicles shall not encroach on a public street;

(ii) Out-Bound 1 out-bound 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.

(b) Drive-in Business, Commercial Garage, Gasoline Bar, Automotive Service Stations:

(i) In-Bound 5 in-bound spaces shall be provided;

(ii) Out-Bound 3 out-bound spaces shall be provided.

2. All queuing spaces shall be a minimum of 6.5 metres long and 3 metres wide. Queuing lanes shall provide sufficient space for turning and maneuvering.

6.1.8 Access to Parking Lots and Spaces

1. There shall be adequate provision for access to a street or public lane for each motor vehicle parking space and each motor vehicle parking space shall be readily accessible at all times for the parking and removal of a motor vehicle, without the necessity of moving another motor vehicle.

2. All access lanes in parking lots shall be no less than 6 metres in width, except a lane serving rows in which parking is angled at 45 degrees on both sides of the lane, in which case the minimum distance between rows may be no less than 4.5 metres in width.

3. Where more than four off-street parking spaces are required, provision shall be made for the turning of vehicles and be considered part of the parking area.

6.1.9 Design of Parking Lots

All permanent parking lots and access driveways required for commercial, service industrial and institutional development shall:

(a) be surfaced with hot-mix asphalt, portland cement, concrete, or asphalt stone chip seal coat;

(b) be graded or drained in such a manner as to ensure that surface water will not escape to neighboring lands, and wherever the surface of the parking area is more than 10 centimeters higher or lower than any adjoining land, a suitable retaining wall shall be installed along the edge of the parking lot or along the lot line;

(c) be curbed with permanent continuous high curbing where parking and maneuvering areas and driveways abut landscaped areas;

(d) provide a bumper guard of a minimum height of 0.5 metres at a minimum distance of 0.3 metres from any interior side or rear lot line. Where there is a landscaped area of less than 1.5 metres, the bumper guard shall prevent any part of a motor vehicle from projecting over any lot line;

(e) be separated from any adjoining residential zone or property used for residential purposes by a minimum 3 metre landscaped strip;

(f) ensure no parking space, maneuvering area or driveway is located any closer than 2 metres to any wall of residential development of 3 units or greater.

6.1.10 Multiple Use of Site

In the case of the multiple use of a site, the Development Officer shall calculate the parking required for each individual use and the total shall be deemed to be the required parking for the site.

6.1.11 Conversions

When a building or part of a building is converted from one use to another use, parking spaces in addition to those already existing can only be required by the amount which the parking requirements for the proposed use exceeds the parking requirements for the previous uses.

6.1.12 Barrier Free Parking Spaces

1. The number of barrier free parking spaces for development where 5 or more spaces are required shall be in accordance with the following:

Total Number of Required Total Number of Barrier Free

Spaces in a Lot Parking Spaces Required

5 - 25 1

26 - 50 2

51 - 75 3

76 - 100 4

101 - 150 5

151 - 200 6

201 - 300 7

301 - 400 8

401 - 500 9

501 – 1000 2 % of the total

Over 1000 20 spaces plus 1 space for each 100 spaces over.

2. Barrier Free parking spaces shall be:

1. provided and considered as part of the number of stalls required for a project;

(b) located closer to the entrance of the building for which they are intended;

(c) identified by a sign and, if the surface is paved, by pavement markings to the satisfaction of the Development Officer;

(d) a minimum of 3.8 metres in width and 7.3 metres in length.

6.2 Parking Requirements

6.2.1 Parking Calculations

1. The number of off-street parking spaces required for any development shall be determined in accordance with this section.

USE PARKING REQUIREMENT

(a) Residential & Residential Related:

(i) One family Dwelling,Duplex Dwelling, Semi- Detached & Mobile Homes	1 space/unit
(ii) Apartments & Row Housing Dwelling Units	1 space/bachelor unit & 1 bedroom unit; 1.5 spaces/2 bedroom unit 1.75 spaces/3 bedroom unit or larger
(iii) Senior Citizen Dwelling Units	0.5 spaces/unit
(iv) Boarding, Rooming and Lodging Houses	0.5 spaces/unit
(v) Group Home	1 space/4 beds, plus 1 space/2 employees on a maximum shift
(vi) Home Occupation	2 spaces, plus the normal parking space requirement of the zone
(vii) Day Care	1 parking space per dwelling unit 1 parking space per employee 1 parking space per 10 children

(b) Commercial and Commercial Related:

(i) Medical or Health Office	5 spaces/practitioner
(ii) Barbers, Hairdressers	2 spaces/chair, minimum 3 spaces
(iii) Eating and Drinking Establishment	1 space/5 seats
(iv) Motel, Hotel and Tourist Homes	1 space/sleeping unit or guest room, plus restaurant and conference requirements
(v) Office	1 space/23m² gross floor area
(vi) Retail and Other Commercial Uses (not listed separately in this Section) less than 1000 m² 1000 m² & greater	1 space/20 m² gross floor area 1 space/30 m² gross floor area

(c) Industrial:

(i) Warehouse and Transport	First 2000 m² space/Terminals 190 m², and 1 space for every 460 m² of gross floor area
(i) Industrial Uses	1 space for each 45 m² of gross floor area or 1 space for each 4 employees, whichever is greater

USE PARKING REQUIREMENT

(d) Places of Assembly and Recreational Facilities

(i) Theatre	1 space/5 seats
(ii) Religious Institution or Place of Religious Assembly	1 space/6 seats
(iii) Public Hall can be lawfully accommodated therein at any one time	1 space//5persons
(iv) Museums, Exhibition Areas	1 space/45 m² o
(v) Funeral Facility	10 spaces plus 1 space for every 19 m² of floor area
(vi) Spectator Entertainment Auditoriums, Public Libraries, Clubs, Sports Establishments Indoor & Outdoor Recreation Facilities	1 space/10 seats or 1 space/19 m², whichever is greater;
(vii) Golf Club	100 spaces/18 holes, plus requirements for other uses contained on the course
(viii) Tennis Court, Squash Court, Racquet Ball Court	2 spaces/court plus other uses Contained on Or in the facility

(e) Educational and Extended Medical Treatment Services:

(i) Elementary or Middle Schools	1 space/teaching staff, plus auditorium requirements
(ii) High School	1 space/teaching staff, plus1 space for every 33 students plus auditorium requirements
(iii) Colleges, Universities, Business, Commercial or Technical Schools	1 space/20 seats, plus auditorium requirements
(iv) Hospitals/Clinics	1 space/100 m² of floor area or 1 space/4 beds,whichever is the greater, plus 1 space for every 2 employees on a maximum shift
(v) Nursing Homes and Treatment Facilities	1 space/100 m² of floor area or 1 space/4 beds, whichever is the greater, plus 1 space forevery 2 employees on a maximum shift.
(f) Other Uses	1 space for every 28 m² of gross floor area

6.3 Loading And Unloading Areas

6.3.1 Standards

In addition to parking requirements of this by-law, wherever a building or structure is erected, converted or altered to be used for manufacturing, storage or commercial purposes or for any purpose involving the use of vehicles for the receipt or distribution of materials or merchandise, the occupants shall provide and maintain on land that is not part of the highway and not part of the required parking area, loading areas in accordance with the following standards.

Floor Area of Building Number of Loading Spaces

Up to and including 1800 m² 1

Over 1800 m² up to and 2

including 4500 m²

For each additional 4500 m² 1 additional

6.3.2. Minimums

Each loading space shall be a minimum of 9 metres in length and 3 metres wide, and have a vertical clearance of not less than 4.5 metres.

6.4 Lighting Of Sites

Any outdoor lighting for any development shall be located and arranged so that no direct rays of light are directed at any adjoining properties or passing vehicular traffic or interfere with the effectiveness of any traffic control devices.

SECTION 7 SIGN REGULATIONS

7.1 General Provisions

7.1.1 Definitions

1. Sign means any identification, description, illustration or information device, illuminated or non-illuminated, which provides information as to product, place, activity, person, institution, or business and is displayed on the exterior of a building or on a property;

(b) Canopy Sign means a sign attached to or forming part of a permanent building projection, projecting or fixed structural framework which extends outward from the exterior wall of a building. Canopy signs include marquees;

(c) Directory Sign means a sign located on a property with more than one establishment and which displays only a listing of the names of these businesses or organizations without advertising copy, except a business logogram;

(d) Fascia Sign means a sign attached to, painted, placed or erected upon or against a wall or other surface of a building with the face of the sign parallel to such wall or other surface;

(e) Freestanding Sign means any sign supported independently of a building and permanently fixed to the ground;

(f) Off-Site Sign or Off-Premises Sign means a sign not located on the same lot as the product, service or structure to which the sign relates. Off-Site signs include billboard signs;

(g) Permanently Affixed means securely fastened to a concrete foundation, either by posts or anchor bolts embedded in the concrete and buried at sufficient depth below ground so as to prevent relocation of the sign;

(h) Portable Sign means a sign greater than 1.0 square metres and less than 4 square metres in area which is designed in such a manner that the sign can readily be relocated to provide advertising at another location or readily taken on and off a site, and may include copy that can be changed manually through the use of attachable characters, message panels or other means;

(i) Projecting Sign means a sign which projects from, and is supported by a wall;

(j) Sandwich Board Sign means a sign less than 1.0 square metres but greater than 0.18m² in area which is constructed of two boards connecting at one end and which can be readily taken on and off a site;

11. Roof Sign means any sign upon, against or above a roof;

(l) Sign Area means the area per side of the smallest triangle, square, rectangle, circle or semi-circle which can wholly enclose the surface area of the sign;

(m) Special Events Signs include garage sale type signs, real estate open house signs and signs advertising special events;

Notwithstanding the above definitions, no semi-trailer or what was a semi-trailer or what was or is a motor vehicle within the meaning of the Motor Vehicle Act, shall be used as a sign. It is deemed to be a sign if it is parked on the site for more than 5 consecutive days.

7.1.2 Sign Permit Required

No person shall construct, erect, display, alter or relocate a sign and no person being the owner or lessee of property shall permit, suffer or allow the construction, erection, display, alteration or relocation of a sign on such property without a sign permit first having been obtained in accordance with the provisions of this by-law.

7.1.3 Additional Permits

No permits shall be issued for a sign constructed on a permanent foundation without a building permit having first been issued in accordance with the Building By-law.

7.1.4 Signs Not Requiring a Permit

Notwithstanding the provisions of Section 7.1.2, no sign permit is required for:

(a) Real estate signs which are of a temporary nature and which advertise the property upon which they are located as being available for immediate sale, lease or rent;

(b) Construction signs temporarily located on a lot and which identify the project, owner, architect, consulting engineer and related contractor;

(c) Traffic and directional signs authorized by the Town;

(d) Open House and Garage/Yard sale signs to be removed prior to the end of the day;

(e) Election signs - placement and removal of election posters shall be in accordance with Provincial and Federal Elections Acts in force;

(f) Signs posted or exhibited in a building, including signs inside the window;

(g) Signs identifying the name of the property or residents thereof;

(h) Signs indicating a home occupation permitted hereunder;

(i) Signs which warns against trespass or danger.

Signs not requiring a permit shall be non-illuminated and not exceed 0.18 square metres in gross area except for a use described in clause (a) above, in which case shall not exceed 0.55 square metres in area. Signs must maintain a minimum setback distance of 1 metre from any lot or street line, and may not be placed so as to obstruct or hide any permitted sign.

7.1.5 Prohibited Signs

No sign shall be erected, operated, used or maintained which:

(a) due to its position, shape, colour, format or illumination obstructs the view, or may be confused with, an official traffic sign, signal or device, as determined by the Development Officer;

2. displays lights resembling the flashing lights usually associated with danger or those used by police, fire, ambulance and other emergency vehicles;

(c) obstructs the use of a fire escape, door, window, or other required exit;

4. projects over or rests upon any part of a public right-of-way or public sidewalk, except a fascia sign or canopy sign, unless otherwise permitted in this By-law;

(e) extends more than 45 cm above the roof line or parapet of the building or the top of the marquee or canopy, nor shall it extend beyond the end of the wall, marquee or canopy to which it is attached;

(f) is attached to a tree;

(g) which flash intermittently or in series, including flashing arrows;

(h) non-illuminating fluorescent signs.

7.1.6 Non-Conforming Signs

The provisions of this by-law with respect to existing signs which do not conform to the by-law at the time of its effective date shall not be construed to have a retroactive effect, except that relocation, alteration, or removal of any such nonconforming signs shall render such signs subject to the provisions of this by-law. The provisions of this section shall not exempt the owner of a nonconforming sign from the obligation for proper maintenance of such sign.

7.1.7 Abandoned and Unlawful Signs

1. No person being the owner or lessee of a property upon which a sign is located shall permit, suffer or allow such sign, its faces, supports, electrical system or anchorage to become unsightly, dilapidated or unsafe.

2. The Development Officer may require the removal of any sign which, in his opinion is, or has become, unsightly, or is in such a state of disrepair as to constitute a hazard.

3. Any sign which no longer advertises a bonafide business or service on the premises shall be removed within sixty (60) days of termination of such business or service.

7.1.8 Signs Per Parcel of Land

The number of signs that may be constructed, erected, placed or displayed on a parcel of land which require a sign permit, shall not exceed the following:

1. one permanent overhead sign (Freestanding); and

2. one permanent low level sign (Freestanding); or

3. one temporary low level sign (Portable or Sandwich Board).

Also, fascia signs and canopy signs as permitted in this By-law.

7.1.9 Applications and Plans

An applicant for a sign permit shall:

1. complete a sign permit application in a form prescribed by the Development Officer for the Town;

2. submit plans and specifications of the proposed sign and any supporting framework and anchoring devices;

3. submit a site plan showing public and private right-of-way boundaries, the location of buildings, the location of existing signs and the proposed location of the sign which is the subject of the application;

(d) a list of the materials proposed to be used in the construction of the sign;

(e) provide such additional information as the Development Officer may require, as to the stress-bearing capacities of the sign and the equipment used in its placement;

(f) pay the applicable fee as set out in Section 7.1.10 of this By-law.

7.1.10 Sign Permit Fee

1. A $10.00 permit fee shall be paid to the Town for each sign approved for which a permit is required under the provisions of this by-law.

2. Permit fees for portable signs may be waived for functions put on by non-profit groups and service clubs at the discretion of the Development Officer or the Municipality.

7.2 Specific Sign Provisions

7.2.1 Canopy Signs

Canopy signs are permitted in all Commercial and Industrial zones, provided the sign shall:

(a) be attached to, painted or placed upon a marquee, canopy or awning;

(b) not be erected over a sidewalk unless the lowest part of the sign is 2.5 metres or more above the sidewalk;

(c) be permitted along two sides of a building below the level of the second floor windows;

(d) not project over a sidewalk more than 1.0 metre.

7.2.2 Directory Signs

Directory Signs are permitted in all Industrial and Commercial Zones, provided the sign shall:

(a) not exceed a maximum of 12 square metres for each sign face;

(b) not exceed a maximum height of 10 metres above grade;

(c) be located on a property where more than one business exists;

(d) display only a listing of the names of these businesses.

7.2.3 Fascia Signs

1. Fascia signs are permitted in all zones.

2. In Residential Zones, fascia signs must be non-illuminated and are permitted to identify the residents, no trespassing, a Tourist Home or a home occupation, to a maximum size of 0.4 square metres.

3. In all zones, except Residential Zones, fascia signs are permitted provided that the sign shall:

(a) be attached to, painted or erected upon a wall or surface of a building with the face of the sign parallel to the wall. Fascia signs shall not be painted upon or cover a fence or roof;

(b) be limited to a vertical dimension not exceeding 1.5 metres;

(c) not exceed the length of the wall of the building upon which the sign is displayed;

(d) be permitted along two sides of a building below the level of the second floor windows;

(e) not project more than 23 centimeters from the wall on which the sign is located;

(f) not exceed in size 20% of the area of the entire building face to which it is attached.

7.2.4 Freestanding Signs

Freestanding signs are permitted in all Institutional, Commercial and Industrial Zones, providing the sign shall:

1. Permanent Low Level Signs:

(a) not exceed a maximum height of 2.5 metres;

(b) not exceed a maximum size of 2.0 square metres;

(c) the support(s) maintain a minimum 2 metre setback for all front and side yards;

(d) in the case of a corner lot, be at least 11 metres from the intersection of the lot lines.

2. Permanent Overhead Signs:

(a) not exceed a maximum height of 10 metres;

(b) not exceed a maximum size of 9 square metres;

(c) maintain a minimum 2 metre setback;

(d) in the case of a corner lot, be at least 11 metres from the intersection of the lot lines.

3. Permanent Overhead Sign Standards for Highway Commercial Zone

(a) not exceed a maximum height of 15 metres;

(b) not exceed a maximum size of 14 square metres;

(c) maintain a minimum 4 metre setback;

(d) in the case of a corner lot, be at least 12 metres from the intersection of the lot lines.

7.2.5 Projecting Signs

1. Projecting signs are permitted in Commercial and Industrial Zones, provided the sign shall:

(a) be limited to a maximum of 6.0 square metres per sign face;

(b) not project more than 2.5 metres from the building wall and be at least 3.0 metres from the ground;

(c) not project over property lines;

(d) be limited to one per business.

7.2.6 Portable Signs and Sandwich Board Signs

Portable and Sandwich Board signs are permitted in Institutional, Commercial, and Industrial Zones, provided the sign shall:

(a) not be placed or erected to stand higher than 2 metres in height above the ground;

(b) not be placed within 25 metres of a permitted permanent sign;

(c) not be placed closer to the nearest travelled portion of any street or highway than 6 metres, not closer than 1.5 metres from any street line;

(d) has a valid permit affixed to the sign;

(e) is the only Portable Sign or Sandwich Board Sign on the property permitted, for a period not longer than 14 days, and is renewable not more than six times per calendar year.

PART 2 ZONES

SECTION 8 RESIDENTIAL

8.1 - General Provisions for Residential Zones

1. Buildings Per Lot

Except in a Multi Residential Zone, not more than one residential building shall be permitted on one lot.

8.1.2 Standards for Dwellings with Common Party Walls

Dwellings with common party walls and occupying more than one lot shall be considered as one building occupying one lot for the purposes of calculating side yard, frontage, lot area and lot occupancy regulations. This includes semi-detached dwellings, duplex dwellings, row dwellings and apartment dwellings.

8.1.3 Minimum Front Yards Less Than Established Building Line

Notwithstanding the minimum front yard requirements in Residential Zones under this by-law, if the building line, including porches, established by existing buildings or structures is less than the front yard required by this by-law, there shall be provided a front yard not less than the distance to the established building line of the adjacent building, which is set back the greater distance of the two from the street line, except in the case of corner lots, in which case the normal set back requirement shall apply.

8.1.4 Frontage on Cul-de-sac Lots or Lots on Inside Curves

A lot having its only frontage on the curved sideline of a cul-de-sac bulb may have a

reduced frontage provided:

1. The minimum frontage shall be 15 metres, and;

2. All other dimensional zoning requirements are satisfied.

8.1.5 Access to Commercial and Industrial Zones From Residential Zones

No vehicular access to any land in a Commercial or Industrial Zone shall be permitted in a Residential Zone, other than through a public street.No vehicular access to any land in a Commercial or Industrial Zone shall be permitted in a Residential Zone, other than through a public street.

8.1.6 Animals in Residential Zones

In any Residential Zone, only domestic animals such as dogs, cats, budgies, parrots, parakeets, hamsters, gerbils, guinea pigs and fish may be kept. However, if the lot or parcel of land has at least 12,000 square metres (3 acres) plus 455 square metres for each horse, each cow or poultry consisting not more than six birds, the keeping of these animals may be approved as per guidelines set out by the Department of Health.

8.1.7 Residential Development Near a Lagoon

Notwithstanding any other provision of this by-law, no dwelling or residential structure may be located within 100 metres of a sewage lagoon.

8.1.8 Elevation of New Residential Structures

All new residential structures shall be placed or erected on a foundation which is at least 750 millimeters above the final centre line grade of the street as measured on the street at a location which approximates the middle of the front face of the structure unless a variance is granted by the Planning Advisory Committee. All applications for Variances must be accompanied by a site grading plan.

8.1.9 Mobile Homes and Mini-Homes

Mobile Homes (and Mini-Homes) are allowed only in a Mobile Home Residential Zone (MHR).

8.2 Residential Zones

Four residential zones have been established. The following table summarizes the permitted use and minimum lot sizes in each zone.

Zone	Permitted Use
	Single	Semi-Detached	Duplex	Apartment
R1	900m2 (30mx30m)
MHR	690m2 (23mx30m)
R2	690m2 (23mx30m)	900m2 (30mx30m)
R2A	690m2 (23mx30m)	900m2 (30mx30m)	690m2 (23mx30m)
R3	690m2 (23mx30m)	900m2 (30mx30m)	690m2 (23mx30m)	1,580m2 (37mx43m)

8.2.1 One Family Residential (R-1)

8.2.1.1 Permitted Uses

Any land, building or structure may be used for the purpose of, and for no other purpose than:

(a) one-family dwelling;

(b) a park or playground;

(c) an accessory building, subject to Section 5.1 (Accessory Structures).

8.2.1.2 Discretionary Uses

The following uses may be permitted subject to Committee approval, and such terms and conditions as determined by the Planning Advisory Committee:

(a) a Bed and Breakfast, subject to Section 5.3 (Tourist Homes);

(b) a Daycare Facility, subject to Section 5.5 (Daycare Facility);

(c) Home Occupation, subject to Section 5.4 (Home Occupations);

4. churches and schools subject to standards required in Section 11 (Institutional Zones).

8.2.1.3 Standards

(a) Minimum Lot Area

(i) Unserviced	4,000 square metres
(ii) Serviced	900 square metres

(b) Minimum Frontage

(i) Unserviced	55 metres
(ii) Serviced	30 metres

(c) Minimum Lot Depth

(i) Unserviced	38 metres
(ii) Serviced	30 metres

(d) Minimum Front Yard 7.5 metres

(e) Minimum Rear Yard 7.5 metres

(f) Minimum Side Yard 3.5 metres

(g) Maximum Lot Coverage

(i) Interior Lot	40%
(ii) Corner Lot	35%

(h) Maximum Height 9 metres

1. Minimum Ground Floor Area

(i) One-Storey	93 square metres
(ii) One and a half-storey	65 metres
(ii) Two-Storey	55 metres

(j) Off-Street Parking In accordance with Section 6.2.2 of this By-law.

8.2.1.4 Ground Floor Area Calculations

For the purposes of this section ground floor area or floor area does not include attached garages, carports, porches, verandas, breezeways, approach halls, patios or, except for stairs, those completely contained in a dwelling unit.

Minimum ground floor area shall consist of a minimum width of at least 6 m throughout the entire length of the main structure.

8.2.2 One and Two Family Residential (R2)

8.2.2.1 Permitted Uses

Any land, building or structure may be used for the purpose of, and for no other purpose than:

(a) a One-Family dwelling;

(b) a Semi-Detached dwelling;

(c) a park or playground;

(d) an accessory building, subject to Section 5.1 (Accessory Structures).

8.2.2.2 Discretionary Uses

The following uses may be permitted subject to Planning Advisory Committee approval, and such terms and conditions as determined by the Committee:

(a) a Bed and Breakfast, subject to Section 5.3 (Tourist Homes);

(b) a Daycare Facility, subject to Section 5.5 (Daycare Facility);

3. a Home Occupation, subject to Section 5.4 (Home Occupations);

4. churches and schools subject to standards required in Section 11 (Institutional Zones).

8.2.2.3 Standards

(a) Minimum Lot Area

(i) Unserviced	4,000 square metres
(ii) Serviced (Single)	690 square metres
semi detached	900 square metres

(b) Minimum Frontage

(i) Unserviced 55 metres

(ii) Serviced (Single) 23 metres

- semi detached 30 metres

(c) Minimum Lot Depth

(i) Unserviced 38 metres

(ii) Serviced 30 metres

(d) Minimum Front Yard 7.5 metres

(e) Minimum Rear Yard 7.5 metres

(f) Minimum Side Yard 3.5 metres

(g) Maximum Lot Coverage

(i) Interior Lot 40%

(ii) Corner Lot 35%

(h) Maximum Height 9 metres

(i) Minimum Ground Floor Area

(i) One-Storey 93 square metres

(ii) One and a half-storey 65 square metres

(iii) Two-Storey 55 square metres

(j) Off-Street Parking In accordance with Section

6.2.2 of this by-law.

8.2.2.4 Ground Floor Area Calculations

The calculation of floor area in Section 8.2.1.4 also applies to this Zone.

8.2.3 One And Two Family Residential (small lot) (R-2A)

8.2.3.1 Permitted Uses

Any land, building or structure may be used for the purpose of, and for no other purpose than:

1. One-Family Dwelling;

2. a Semi-Detached or Duplex Dwelling;

3. a Park or Playground;

4. accessory building(s), subject to Section 5.1 (Accessory Structures).

8.2.3.2 Discretionary Uses

The following uses may be permitted subject to Planning Advisory Committee approval, and such terms and conditions as determined by the Committee:

1. a Bed and Breakfast, subject to Section 5.3 (Tourist Homes);

2. a Daycare Facility, subject to Section 5.5 (Daycare Facility);

3. a Home Occupation, subject to Section 5.4 (Home Occupations);

4. churches and schools subject to standards required in Section 11

(Institutional Zones);

(e) a multiple residential unit, subject to standards required in Section 8.2.4 (Multiple Residential), PAC and Council approval.

8.2.3.3 Standards

(a) Minimum Lot Area

(i) Unserviced 4,000 square metres

(ii) Serviced - one-family 690 square metres

• duplex 690 square metres

• semi detached 900 square metres

(b) Minimum Frontage

(i) Unserviced 55 metres

(ii) Serviced - one-family 23 metres

• duplex 23 metres

• semi-detached 30 metres

(c) Minimum Lot Depth

(i) Unserviced 38 metres

(ii) Serviced - one-family 30 metres

• duplex 30 metres

• semi-detached 30 metres

(d) Minimum Front Yard 7.5 metres

(e) Minimum Rear Yard 7.5 metres

(f) Minimum Side Yard 3.5 metres

(g) Maximum Lot Coverage

(i) Interior Lot 40%

(ii) Corner Lot 35 %

(h) Maximum Height 9 metres

(i) Minimum Ground Floor Area

(i) One-family - One-Storey 73 square metres

• 1½-Storey 65 square metres

• Two-Storey 55 square metres

(ii) Two-Family - Duplex 65 square metres

Semi Detached - One-Storey 68 square metres

• 1 and ½ Storey 59 square metres

• Two-Storey 50 square metres

(j) Off-Street Parking in Accordance with the Provisions of Section 6.2.2 of this By-law

8.2.3.4 Floor Area Calculations

The calculation of floor area in Section 8.2.1.4 also applies to this Zone.

8.2.4 Multiple Residential (R-3)

8.2.4.1 Permitted Uses

Any land, building or structure may be used for the purpose of, and for no other purpose than:

(a) a One family Dwelling

(b) a Duplex Dwelling

(c) a Semi-detached Dwelling

(d) a Multiple Dwelling

(e) an Institutional Use subject to standards required in Section 11(Institutional Zones)

(f) a Rooming House

7. a Boarding House

(h) Accessory Building(s) subject to Section 5.1 (Accessory Structures).

8.2.4.2 Discretionary Uses

The following uses may be permitted subject to Planning Advisory Committee approval, and such terms and conditions as determined by the Committee:

1. a Group Home, subject to Section 5.2 (Group Homes);

(b) a Daycare Facility, subject to Section 5.5 (Daycare Facility);

(c) Home Occupation subject to Section 5.4 (Home Occupations);

(d) a Bed & Breakfast, subject to Section 5.3 (Tourist Homes).

8.2.4.3 Standards

(a) Minimum Lot Area

(i) Unserviced 4000 square metres

(ii) Serviced

• one family 690 square metres

• duplex 690 square metres

• semi-detached 900 square metres

• apartment 1580 square metres plus 105 square

metres for each dwelling unit

in excess of four

2. Minimum Frontage

(i) Unserviced 55 metres

(ii) Serviced

• one-family 23 metres

• duplex 23 metres

• semi-detached 30 metres

• apartment 37 metres plus 1.5 metres for

each dwelling unit in excess of four

(c) Minimum Lot Depth 30 metres

(d) Minimum Front Yard 7.5 metres

(e) Minimum Rear Yard 7.5 metres

(f) Minimum Side Yard 3.5 metres

(g) Maximum Lot Coverage 30%

(h) Maximum Height 11 metres

(i) Minimum Landscaped 45 square metres/dwelling unit

Open Space

(j) Minimum Floor Area

(i) Bachelor Apartment 32 square metres

(ii) 1-Bedroom Unit 41 square metres

(iii) 2-Bedroom Unit 55 square metres

(iv) 3 or more Bedroom Unit 66 square metres

(k) Off-Street Parking In accordance with the provisions of

Section 6.2.2 of this by-law

(l) All permitted uses must be serviced by a municipal sewer system owned by the Town.

4. Floor Area Calculation

The calculation of floor area in Section 8.2.1.4 also applies to this zone.

8.2.5 Mobile Home Residential (MHR)

8.2.5.1. Permitted Uses

Any land, building or structure may be used for the purpose of, and for no other purpose than:

(a) A Mobile Home Park

(b) A Mobile Home Site

(c) A Mini-Home Site.

8.2.5.2 Discretionary Uses

A Mobile Home Park or Site is subject to the requirements of any applicable by-law pursuant to Section 188 of the Municipalities Act.

(a) A Home Occupation, subject to the provision of Section 5.4 (Home Occupations);

(b) An accessory building, subject to other provisions of Section 5.1 (Accessory Structures).

8.2.5.3 Mobile Home Lot Standards

(a) Maximum number of Mobile or 1

Mini Homes per lot

(b) Minimum Frontage 23 metres

(c) Minimum Lot Area 690 square metres

(d) Minimum Front Yard 7.5 metres

(e) Minimum Rear Yard 7.5 metres

(f) Minimum Side Yard 3.5 metres

(g) Maximum Lot Coverage 40% of lot area in

accordance with

the provisions of

Section 6 of this by-law

(h) Sewer Services All Mobile Home and Mini

Home lots shall be serviced

` by Municipal Sewer

(i) Minimum Size of Mobile or 45 square metres

Mini-Home

(j) Maximum height of Mobile Home 5 metres

or Mini-Home.

SECTION 9 COMMERCIAL

9.1 General Provisions For Commercial Zones

9.1.1 Requirements for Vehicular Oriented Uses

1. The following main uses shall comply with the specific regulations of this section:

(a) Drive-Thru Business, including Drive-Thru Restaurant and Carwash;

(b) Gasoline Bar;

(c) Service Station or Commercial Garage;

(d) Drive-in Business (Automotive).

2. Standards - Vehicular Oriented Uses

No building, structure or land shall be used or hereafter erected, structurally altered or enlarged for the purpose of a vehicular oriented use, except in accordance with the following requirements:

(a) Minimum Frontage

(i) Interior Lot 34 metres

(ii) Corner Lot 38 metres

(b) Minimum Lot Depth 38 metres

(c) Minimum Front Yard

(i) Main Building 15 metres

(ii) Underground Storage Tanks 6 metres

(2,000 litres and more)

(d) Minimum Side Yard

(i) Interior Lot 6 metres

(ii) Corner Lot 15 metres abutting a

street(s)

(e) Minimum Rear Yard 7.5 metres

(f) Maximum Height of Building 7.5 metres

(g) Maximum Lot Coverage 20%

(h) Minimum Landscaped Open Space 50% of the required

front yard

or street frontages

(Corner Lot)

(i) Queuing Space In Accordance with

the provisions

contained in Section

7. of this by-law.

9.1.2 Gasoline Bars and Service Stations or Commercial Garage

(a) Pump Islands:

(i) 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.

(ii) 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.

(b) Use:

No part of a lot used for the purpose of a gasoline bar or automobile service station shall be used for parking a vehicle for a period exceeding one week.

(c) Access and Egress:

Access and egress lanes shall be in accordance with the provisions contained in Section 6.1 of this by-law.

(d) Landscaping:

The first 6 metres of the front yard setback area, and on corner lots, the two frontages shall be landscaped, grassed and kept tidy, except for exists and entrances. Access lanes crossing the landscaped area shall be curbed not less than 15 centimeters.

(e) Car Washes in Conjunction with Service Stations:

Car washing facilities shall not be permitted as part of a gasoline bar or automobile service station, unless sufficient parking spaces are provided in accordance with Section 6 of this by-law, and the applicable provisions of Section 9.1.1 and 9.1.2 are complied with.

(f) Queuing Space:

Queuing Spaces shall be in accordance with the provisions contained in Section 6.1.7 of this by-law.

9.1.3 Commercial Development Abutting a Residential Zone

The rear or side yard shall be equal to twice the height of the main building or structure where a lot abuts a Residential Zone, and provide a visual barrier a minimum of 2 metres high.

9.2 Commercial Zones

9.2.1 Central Commercial (CC)

9.2.1.1 Permitted Uses

Any land, building or structures may be used for the purpose of, and for no other purpose than:

(a) an Automobile Salesroom or Sales Lot

(b) a Bank or other Financial Institution

(c) a Dwelling Unit, provided the residential use is not located on the ground floor

(d) a Hotel or Motel

(e) a Governmental use

(f) a Museum or Library

(g) an Office

(h) a Restaurant

(i) a Retail Store

(j) a Service Shop

(k) a Service Station or Public Garage

11. an Accessory Building subject to the provisions of Section 5.1 (Accessory Structures).

9.2.1.2 Discretionary Uses

The following uses may only be permitted subject to Planning Advisory Committee approval, and such terms and conditions as determined by the Committee:

(a) Bus or other Public Transportation Terminal

(b) Bakery

(c) Cleaning or Drying Establishment

(d) Dairy

5. Laundry

(f) Place of Amusement or Entertainment, other than adult entertainment

(g) Printing Establishment.

9.2.1.3 Standards

(a) Minimum Lot area

(i) Serviced 900 square metres

(ii) Unserviced 4,000 square Metres

(b) Minimum Frontage

(i) Serviced 30 metres

(ii) Unserviced 55 metres

(c) Minimum Lot Depth 30 metres

(d) Minimum Front Yard 15 metres

(e) Minimum Rear Yard 3 metres

(f) Minimum Side Yard 3 metres

(g) Maximum Lot Coverage

(i) Interior Lot 40%

(ii) Corner Lot 35%

(h) Maximum Height 11 metres

(i) Minimum Floor Area 40 square metres

(j) Off-Street Parking In accordance with the

provisions contained in

Section 6 of this By-law.

9.2.2 General Commercial (GC)

9.2.2.1 Discretionary Uses

The following uses may only be permitted subject to Planning Advisory Committee approval, and such terms and conditions as determined by the Committee:

1. (a) Bus or other Public Transportation Terminal

2. (b) Bakery

(c) Cleaning or Drying Establishment

(d) Dairy

(e) Laundry

(f) Place of Amusement or Entertainment, other than adult entertainment

(g) Printing Establishment

(h) Automobile Salesroom or Sales Lot

(i) Bank or other Financial Institution

(j) Dwelling Unit, provided the residential use is not located on the ground floor

(k) Hotel or Motel

(l) Governmental use

(m) Museum or Library

(n) Office

(o) Restaurant

(p) Retail Store

(q) Service Shop

(r) Service Station or Public Garage

(s) Accessory Building subject to the provisions of Section 5.1 (Accessory Structures).

9.2.2.2 Standards

(a) Minimum Lot area

(i) Serviced 900 square metres

(ii) Unserviced 4,000 square Metres

(b) Minimum Frontage

(i) Serviced 50 metres

(ii) Unserviced 55 metres

(c) Minimum Lot Depth 50 metres

(d) Minimum Front Yard 15 metres

(e) Minimum Rear Yard 3 metres

(f) Minimum Side Yard 3 metres

(g) Maximum Lot Coverage

(i) Interior Lot 20%

(ii) Corner Lot 15%

(h) Maximum Height 9 metres

(i) Minimum Floor Area 40 square metres

(j) Off-Street Parking In accordance with

the provisions contained in

Section 6 of this By-law.

3. Highway Commercial (HC)

The intent of the Highway Commercial Zone is to acknowledge the potential for highway-oriented commercial developnment and accommodate the demand for a wide variety of automobile-oriented retail, service and office uses which require attractive, low profile, ground-oriented building accommodation having direct visual exposure to and convenient access from Route 7. The Highway Commercial Zone is intended showcase the area through provision for both single and multiple-tenancy buildings and to provide outdoor areas for the display of goods, equipment or materials for some specified uses subject to the following provisions.

9.2.3.1 Permitted Uses

Any land, building or structures may be used for the purpose of, and for no other purpose than:

(a) an Automobile Salesroom or Sales Lot

(b) a Bank or other Financial Institution

(c) a Dwelling Unit, provided the residential use is not located on the ground floor

(d) a Hotel or Motel

(e) a Governmental use

(f) an Office

(g) a Restaurant

(h) a Retail Store

(i) a Service Shop

(j) a Service Station or Public Garage

11. an Accessory Building subject to the provisions of Section 5.1 (Accessory Structures).

9.2.3.2 Discretionary Uses

The following uses may only be permitted subject to Planning Advisory Committee approval, and such terms and conditions as determined by the Committee:

1. Building or Garden Supplies

2. Car or Truck Rental

3. Car Sales or Service

4. Car or Truck Wash

5. Commercial Office

6. Commercial Parking Lot

7. Commercial Retail

8. Commercial Service

9. Dwelling Unit, provided the residential use in not located on the ground floor

10. Farmers' Market

11. Medical or Dental Office

12. Nursery or Greenhouse

13. Restaurant

14. Hotel or Motel

9.2.3.3 Standards

(a) Minimum Lot area

(i) Serviced 900 square metres

(ii) Unserviced 4,000 square metres

(b) Minimum Frontage

(i) Serviced 50 metres

(ii) Unserviced 55 metres

(c) Minimum Lot Depth 50 metres

(d) Minimum Front Yard 15 metres

(e) Minimum Rear Yard 3 metres

(f) Minimum Side Yard 3 metres

(g) Maximum Lot Coverage

(i) Interior Lot 40%

(ii) Corner Lot 35%

(h) Maximum Height 9 metres

(i) Minimum Floor Area 40 square metres

(j) Off-Street Parking In accordance with

the provisions contained in

Section 6 of this By-law.

9.2.4 Mixed Use (MU)

The intent of the Mixed Use Zone is to acknowledge the proposed Collector Road and encourage the development of Mixed Use (Commercial and Residential) which will link the potential commercial activity around the Route 7 Interchange to the Central Commercial Zone; may include up to $600/m development charge which will apply to development accessing the Collector Road; and is subject to the following provisions.

9.2.4.1 Permitted Uses

Any land, building or structures may be used for the purpose of, and for no other purpose than:

(a) an Automobile Salesroom or Sales Lot

(b) a Bank or other Financial Institution

(c) a Dwelling Unit, provided the residential use is not located on the ground floor

(d) a Hotel or Motel

(e) a Governmental use

(f) a Museum or Library

(g) an Office

(h) a Restaurant

(i) a Retail Store

(j) a Service Shop

11. an Accessory Building subject to the provisions of Section 5.1 (Accessory Structures).

9.2.4.2 Discretionary Uses

The following uses may only be permitted subject to Planning Advisory Committee approval, and such terms and conditions as determined by the Committee:

3. (a) Bus or other Public Transportation Terminal

4. (b) Bakery

(c) Cleaning or Drying Establishment

(d) Dairy

(e) Laundry

(f) Place of Amusement or Entertainment, other than adult entertainment

(g) Printing Establishment

(h) Automobile Salesroom or Sales Lot

(i) Bank or other Financial Institution

(j) Dwelling Unit, provided the residential use is not located on the ground floor

(k) Hotel or Motel

(l) Governmental use

(m) Museum or Library

(n) Office

(o) Restaurant

(p) Retail Store

(q) Service Shop

(r) Service Station or Public Garage

(s) Accessory Building subject to the provisions of Section 5.1 (Accessory Structures).

9.2.4.3 Standards

(a) Minimum Lot area

(i) Serviced 900 square metres

(ii) Unserviced 4,000 square metres

(b) Minimum Frontage

(i) Serviced 50 metres

(c) Minimum Lot Depth 50 metres

(d) Minimum Front Yard 15 metres

(e) Minimum Rear Yard 3 metres

(f) Minimum Side Yard 3 metres

(g) Maximum Lot Coverage

(i) Interior Lot 40%

(ii) Corner Lot 35%

(h) Maximum Height 9 metres

(i) Minimum Floor Area 40 square metres

(j) Off-Street Parking In accordance with

the provisions contained in

Section 6 of this By-law.

SECTION 10 INDUSTRIAL

10.1 General Provisions For Industrial Zones

10.1.1 Landscaping Requirements

The required front yard shall be landscaped, excepting the driveways and parking areas in accordance with Section 6.1 of this by-law. In the case of a corner lot, the side yard abutting a side street shall be landscaped to a depth of 6 metres, excepting access lanes and parking areas.

10.1.2 Property Abutting Railway

Where any lot line or portion thereof abuts a railway right-of way, no interior side yard or rear yard setback distance shall be required along that portion of such lot line abutting the railway right-of-way.

10.1.3 Outside Storage

1. Unless otherwise stated in this by-law, outside storage shall be permitted and shall be screened from the street by a wall or solid fence not less than 2 metres and not more than 2.5 metres in height. No material shall be piled higher than the height of the surrounding fence.

2. The height of the wall or fence may be increased or decreased by an amount equal to the depth of the grade of the surrounding land to the satisfaction of the Development Officer. Where feasible, existing screening trees shall be preserved.

10.1.4 Salvage or Waste Disposal Facility, Recycling Facility or Junk Yard

Where land is used for the storage of scrap, recycling or automotive materials, the following regulations shall apply:

(a) The whole of the operation shall be surrounded by a solid fence, not less than 3 metres and not greater than 5 metres in height, unpierced except for gates necessary for access;

(b) The fence shall be located at least 6 metres from the front line and 2 metres from the side or rear lot lines, and the land between the fence and any lot line not required for entrance and exit driveways shall be used only for landscaping;

(c) No material shall be piled higher than the height of the surrounding fence.

10.2 Industrial Zones

10.2.1 Light Industrial (LI)

10.2.1.1 Permitted Uses

Any land, building or structures may be used for the purpose of, and for no other purpose than:

(a) Restaurant;

(b) Service Industry;

(c) Service Station or Public Garage;

(d) Technical Public Service or Utility or Civic or Governmental Building or installation;

(e) Warehouse or Wholesale establishment;

(f) an Accessory Building(s), subject to the provisions of Section 5 (Accessory Structures).

10.2.1.2 Discretionary Uses

The following uses may only be permitted subject to Planning Advisory Committee approval, and such terms and conditions as determined by the Committee:

Any use concerned with manufacturing, storage, processing, transportation or related activities.

10.2.1.3 Standards

(a) Minimum Lot Area

(i) Serviced 1,700 square metres

ii) Unserviced 4,000 square metres

(b) Minimum Frontage

(i) Serviced 37 metres

(ii) Unserviced 55 metres

(c) Minimum Lot Depth

(i) Serviced 38 metres

(ii) Unserviced 46 metres

(d) Minimum Front Yard 7.5 metres

(e) Minimum Rear Yard 3 metres, subject to Section 10.2.1.4

(f) Minimum Side Yard 3 metres, subject to Section 10.2.1.4

(g) Minimum Floor Area 68 square metres

(h) Off-Street Parking In accordance with the provisions of

Section 6 of this by-law

(i) Loading and Unloading In accordance with the provisions of

Areas Section 6.3 of this by-law

10.2.1.4 Industrial Development Abutting a Residential Zone

The rear or side yard shall be equal to twice the height of the main building or structure where a lot abuts a Residential Zone, and provide a visual barrier of a minimum of 2 metres high.

10.2.2 Pits and Quarries (P&Q)

10.2.2.1 Permitted Uses

Any land, building or structures may be used for the purpose of, and for no other purpose than:

A sand, gravel, clay, shale pit, or quarry subject to Section 15 of this by-law.

10.2.2.2 Standards

(a) Minimum Lot Area

Unserviced 20,000 square metres

(b) Minimum Frontage

Unserviced 100 metres

(c) Minimum Lot Depth

Unserviced 200 metres

(d) Minimum Front Yard 15 metres

(e) Minimum Rear Yard 15 metres, subject to Section

10.2.2.3

(f) Minimum Side Yard 15 metres, subject to Section

10.2.2.3

(g) Minimum Floor Area 40 square metres

(h) Off-Street Parking In accordance with the

provisions of Section 6

of this by-law

(i) Loading and Unloading In accordance with the

Areas provisions of Section 6.3

of this By-law

10.2.2.3 New Pits and Quarries Abutting a Residential Zone

a) The rear or side yard of any new pit or quarry shall be equal to twice the height of any main building or structure used in conjunction with the pit or quarry where the lot abuts a residential zone. The operator of the pit or quarry is to provide a visual barrier, to be approved by the Development Officer, to a minimum of two (2) metres high.

This section of the Zoning by-law does not apply to existing pits and quarries.

SECTION 11 INSTITUTIONAL ZONES

11.1 Institutional (Inst)

11.1.1 Permitted Uses

Any land, building or structure may be used for the purpose of, and for no other purpose than:

(a) a Cemetery

(b) a Community Building

(c) a Cultural Establishment

(d) an Educational Establishment

(e) a Federal, Provincial, or Municipal Building

(f) a Hospital or Rehabilitation Centre

(g) a Nursing Home

(h) an Office of a Non-Profit Organization

(i) a Park or Open Space

(j) a Government Health Clinic

(k) a Religious Institution.

11.1.2 Standards

(a) Minimum Front Yard 9 metres

(b) Minimum Rear Yard 9 metres

(c) Minimum Side Yard 9 metres

(d) Maximum Height

(i) no main building may exceed 11 metres in height

(ii) a Religious Institution main building may not exceed in

height:

• for the main building 15 metres

• for spires, belfries or other subsidiary features, a distance equal to twice the height of the main building.

(e) Minimum Landscaped 50% of all yards abutting a street Open Space

(f) Off-Street Parking In accordance with the

provisions

of Section 6 of this

by-law.

SECTION 12 PARK/GREEN SPACE

12.1 Park/Green Space (P)

12.1.1 Permitted Uses

Any land, building or structure may be used for the purpose of, and for no other purpose than:

(a) a Public Park or Open Space, including Playground and Sports or Recreation Establishment;

(b) a Public or Private Golf Course.

12.1.2 Discretionary Uses

The following uses may only be permitted subject to Planning Advisory Committee approval, and such terms and conditions as determined by the Committee:

Any accessory building, structure or use incidental to the main use of the land, building, or structure if such main use is permitted by this Section.

12.1.3 Standards

(a) Minimum Front Yard 9 metres

(b) Minimum Rear Yard 9 metres

(c) Minimum Side Yard 9 metres

(d) Off-Street Parking In accordance with the provisions contained in Section 6 of this by-law

SECTION 13 ENVIRONMENTAL PROTECTION ZONE

13.1 Environmental Protection (EP)

13.1.1 Permitted Uses

Any land, building or structure may be used for the purpose of, and for no other purpose than:

1. a Sewage Lagoon or Sewage Treatment Facility

2. a Sanitary Landfill

3. any other use required for environmental remediation or protection.

13.1.2 Discretionary Uses

The following uses may only be permitted subject to Planning Advisory Committee approval, and such terms and conditions as determined by the Committee:

Any accessory building, structure or use incidental to the main use of the land, building, or structure if such main use is permitted by this Section.

13.1.3 Standards

(a) Minimum Front Yard 9 metres

(b) Minimum Rear Yard 9 metres

(c) Minimum Side Yard 9 metres

(d) Off-Street Parking In accordance with the provisions contained in Section 6 of this by-law

SECTION 14 – RURAL RESOURCE

14.1 Rural Resource Zone (RR)

14.1.1 Permitted Uses

The Rural Resource Zone (RR) indicates land which is for low-impact resource use and future development. No other than the uses hereunder shall be permitted:

1. Uses actually and legally in existence at the time of the passing of this

by-law;

(b) A One Family Dwelling;

(c) Agricultural or Forestry use;

(d) Municipal Installation use;

(e) An Accessory Building, structure or use, incidental to the main use of

the land, building or structure, if such main use is permitted by this Section.

14.1.2 Standards

(a) Minimum Lot Area 12,000 square metres

(b) Minimum Frontage 56 metres

(c) Minimum Depth 38 metres

(d) Minimum Front Yard 7.5 metres

(e) Minimum Rear Yard 15 metres

(f) Minimum Side Yard 5 metres

(g) Maximum Lot Coverage

(i) Interior Lot 40%

(ii) Corner Lot 35%

(h) Maximum Height 9 metres

(i) Minimum Ground Floor Area

(i) One-Storey 55 square metres

(ii) One and a Half-Storey 46 square metres

(iii) Two-Storey 37 square metres

SECTION 15 MUSQUASH WATERSHED PROTECTED AREA

15.1 Musquash Watershed Protected Area (MWPA)

15.1.1 Permitted Uses

The uses and standards prescribed in this section shall be those that apply in the Musquash Watershed Protected Area, (the “MWPA”).

15.1.2 MWPA Subzone 1

The MWPA Subzone 1 shall be that portion of the MWPA depicted on the zoning map as being encompassed by both the MWPA and the Rural Resource Zone.

15.1.2.1 MWPA Subzone 1 Permitted Uses and Standards

To the extent that the permitted uses and standards described in section 14 of this by-law, (the “Rural Resource Zone Standards”) are consistent with the standards set forth in the Watershed Protected Area Designation Order cited as regulation number 2001-83 of the Clean Water Act of New Brunswick, (the “Watershed Protected Area Standards”), the Rural Resource Zone Standards shall be those that apply in the MWPA Subzone 1.

15.1.3 MWPA Subzone 2

The MWPA Subzone 2 shall be that portion of the MWPA depicted on the zoning map as being encompassed by both the MWPA and the One Family Residential (R1) Zone.

15.1.3.1 MWPA Subzone 2 Permitted Uses and Standards

To the extent that the permitted uses and standards described in sections 8.1 and 8.2.1 of this by-law, (the “R1 Zone Standards”) are consistent with the Watershed Protected Area Standards, the R1 Zone Standards shall be those that apply in the MWPA Subzone 2.

15.1.4 MWPA Subzone 3

The MWPA Subzone 3 shall be that portion of the MWPA depicted on the zoning map as being encompassed by both the MWPA and the Multiple Residential (R3) Zone.

15.1.4.1 MWPA Subzone 3 Permitted Uses and Standards

To the extent that the permitted uses and standards described in sections 8.1 and 8.2.4 of this by-law, (the “R3 Zone Standards”) are consistent with the Watershed Protected Area Standards, the R3 Zone Standards shall be those that apply in the MWPA Subzone 3.

15.1.5 Watershed Protected Area Standards To Prevail

To the extent that the Rural Resource Zone Standards, the R1 Zone Standards and the R3 Zone Standards are inconsistent with the Watershed Protected Area Standards shall be those that apply throughout the entire MWPA.

SECTION 16 EXCAVATION OF MATERIALS

16.1 Definitions

In this Section:

(a) “Development Officer” means the Town of Grand Bay-Westfield Building Inspector appointed by the Town.

(b) “Excavation of Land” includes any act, operation, or process by which earth, sand, gravel, stone, rock, clay or similar material is cut into, dug, uncovered, removed, displaced, relocated, or bulldozed, including the conditions resulting therefrom, provided the excavation extends to a depth of 1 metre below the undisturbed surface which existed before the excavation began.

16.2 Permit Required

No person may undertake or continue the excavation of land unless an Excavation Permit has been issued therefor by the Development Officer, pursuant to this Section.

16.3 Application

A person seeking to obtain an Excavation Permit or renewal thereof under this Section shall make an application in writing to the Development Officer in a form prescribed by that officer.

16.4 Information Required

An application mentioned in Section 16.3 shall:

(a) state the name and address of the Applicant, the name and address of the owner of the property to be excavated, if the applicant is not the owner, and the location of the proposed excavation;

(b) be accompanied by a plan drawn to a scale not less than 1 to 500 indicating the boundaries of the land involved in the proposal and the boundaries of that portion 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 the applicant to maintain access to the excavation, the public street over which excavated material will be transported and the method by which they will be maintained in a relatively dust free condition as by paving, sweeping, or the use of calcium chloride;

(e) indicate the estimated date of commencement and termination of work involved in the excavation;

(f) include a proposal for rehabilitation of the site of the excavation and the proposed time limit therefore, which the Development Officer shall submit to Council for its approval;

(g) indicate the size and location of signs erected or proposed to be erected within the lands involved in the proposal.

(h) security to be deposited in the sum of money or surety bond in lieu thereof, issued by an insurance company licensed to carry on business in New Brunswick, in amount adequate to cover the cost of rehabilitation required under section 16.11.

16.5 Fees

Subject to Section 16, where:

(a) an application under Section 16.4 has been received;

(b) the proposed excavation and the proposal for rehabilitation of the site meet the requirements of this Section;

(c) the fee set out in Section 16.6 has been paid, and the Development Officer shall issue the Excavation Permit requested.

16.6 Period of Validity

An Excavation Permit is valid until December 31st in the year of issue, and the fee for such permit or renewal thereof is $1,000.00.

16.7 Requirements

An Excavation Permit shall:

(a) be in a form prescribed by the Development Officer;

(b) set out information pursuant to Section 15.4 contained in the application therefor, and;

(c) be signed by both the Development Officer and the Applicant and the owner of the property, if the Applicant is not the owner.

16.8 Restrictions

No Permit shall be issued under this section if:

(a) the proposed work would be apt to:

(i) create a hazard to human life;

(ii) create injury to a person;

(iii) cause physical damage to adjoining property.

(b) the excavation site is or would be subject to geological instability or flood hazard to the extent that no reasonable amount of corrective work could eliminate or sufficiently reduce the instability or hazard;

(c) the Council does not accept:

(i) the rehabilitation proposal and the proposed time limit thereof required by Section 16(4)(f); or;

(ii) the security required by Clause 16.4 (h).

16.9 Other Terms and Conditions

A Permit under this Section is subject to the following terms and conditions:

(a) that no excavation take place below the base or lowest level indicated in Section 16.4(c);

(b) that accesses to the excavation and public streets over which excavated material is transported shall be maintained by the applicant in a manner that would eliminate dust as much as possible such as by paving and sweeping of the accesses, sweeping adjacent streets or the use of calcium chloride on unpaved sections of the accesses or adjoining streets;

(c) that the excavation, and any work related thereto, is carried out only between the hours of 7:00 a.m. and 8:00 p.m. and only on days other than Sundays and a prescribed day of rest as defined by the Days of Rest Act;

(d) that no operation in relation to the excavation is conducted in such manner as:

(i) to be apt to create a hazard to human life, to cause injury to a person or to damage adjoining property;

(ii) to permit ponding of water in excess of 0.6 metres in depth;

(iii) to lower the water tables on neighbouring properties, or;

(iv) to prejudice proposed or required rehabilitation of the land;

(e) that adequate measures are taken to prevent surface water from damaging the face of the excavation;

(f) that neither the top or toe of the slope of the excavation, or any building or structure or storage or repair in connection thereto, is within 15 metres of an abutting property line;

(g) that during any period in which any slope is steeper than that stated in Section 16.9(h), the Applicant and the owner of the land being excavated will cause protective fencing of a minimum height of 1.3 metres, to be erected and maintained approximately 6 metres from the top of the slope;

7. that in any instance where an occasional operating condition results in an operating slope steeper than one and one-half horizontal to one vertical, the Applicant and the owner of the land being excavated shall bring or shall have the slope brought to a degree of steepness no greater than one and one-half horizontal to one vertical within seventy-two hours after stopping work on that slope;

(i) that the excavation site is rehabilitated as provided herein;

(j) the Applicant/owner shall contact the Development Officer 14 days prior to the closing of the pit for the season or the expiry date of the permit, which ever comes first.

16.10 Period of Validity

The excavation site for which a Permit has been issued hereunder shall be rehabilitated by the owner thereof within the time limit stated in the Permit, upon:

(a) depletion of the material from the site to the extent that further operation would be no longer viable;

(b) failure to seek renewal of an elapsed or canceled Permit; or

(c) cessation of operations for a period of at least 12 months.

16.11 Rehabilitation

Rehabilitation mentioned in Section 15.10 shall include the following:

(a) where an excavation is over 6 metres deep, a terrace shall be provided not less than 6 metres in width at each 6 metre interval of the depth;

(b) slopes of the excavation shall not be steeper than one and one-half horizontal to one vertical;

(c) all plant or equipment, or buildings or structures, placed or erected on the site for purposes of the excavation shall be removed;

(d) subject to approval of the Development Officer, all stock piles of earth, sand or other excavated materials 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;

(e) the site shall be cleared of debris and, except for areas of naturally occurring rock faces, covered with a layer of soil, capable of supporting vegetation, to a depth of at least 15 centimetres and seeded with grass or other ground cover to prevent erosion;

(f) rehabilitation grading shall prevent ponding of surface water.

16.12 Revoking of Permit

Where a person violates any of the terms and conditions stated in Section 16.9, or any provision of this Section, the Development Officer may suspend or revoke the Excavation Permit, and may, if the violation is rectified, reinstate a suspended Permit.

16.13 Failure to Rehabilitate

Where the Applicant fails to complete the rehabilitation work required by this Section 16, in the manner and within the time period so required, Council may take such action as may be legally required to cause the said rehabilitation work to be so completed, and may use the deposited security for all costs incurred by Council in taking such action, and in the event the deposited security is insufficient, may recover any additional costs from the applicant.

16.14 Permit not Required

A Permit is not required for the excavation of land where:

(a) the excavation is allowed by another Permit issued by the Town; and/or

(b) the excavated material is not removed from the site.

SECTION 17 STRIPPING OF TOP SOIL

17.1 General

Subject to this Section, no person may strip, excavate or otherwise remove top soil for sale or for use, from a lot or other parcel of land.

17.2 Exemption

Where, in connection with the construction of a building or structure, there is an excess of top soil other than that required for grading and landscaping on the lot, such excess may be removed for sale or for use.

17.3 Sod Farming

Notwithstanding Section 17.1, the farming of sod may be carried on where the owner of the land has entered into an agreement with the Council making arrangements satisfactory to the Council for the rehabilitation of the land.

(a) the proposed work would be able to:

(i) create a hazard to human life;

(ii) cause injury to a person;

(iii) damage adjoining property; or

(iv) adversely affect a public water main or sewer or water course or street;

(b) the land of the site is or would be subject to geological instability or flood hazard to the extent that no reasonable amount of corrective work could eliminate or sufficiently reduce the instability or hazard;

(c) the proposed work would violate any Federal or Provincial legislation.

By-Law No. 101, entitled the Town of Grand Bay-Westfield Zoning By-Law enacted on the the 9^th day of December 2002 and Amendments thereto are hereby repealed.

BY-LAW NO. 112

This by-law entitled, The Town of Grand Bay-Westfield Zoning By-law #112 comes into effect on the date of filing in the Registry Office.

FIRST READING BY TITLE this day of , 2009.

SECOND READING BY TITLE this day of , 2009.

THIRD READING AND ENACTMENT this day of __ , 2009.

Sandra Gautreau Grace Losier

Town-Manager (Clerk) Mayor

seal