Village of Norton Rural Plan. By-law No

Transcription

1 Village of Norton Rural Plan By-law No Registered August 30, 2004 Consolidated and Controlled Document Containing amending by-laws Prepared by the Royal District Planning Commission Consolidated May, 2013 (For reference use only, not to be used for legal purposes) For legal matters please contact Regional Service Commission 8 or the Registry Office at Service New Brunswick for the registered copy of the Rural Plan and subsequent amendments.

2 Chapter Number Number TABLE OF CONTENTS Title Page PART A TITLE AND AREA DESIGNATION 1.0 TITLE, AREA DESIGNATION AND PURPOSE Title Area of Coverage Contents and Purpose PART B RURAL PLAN POLICIES AND PROPOSALS 2.0 GENERAL LAND USE POLICIES Goal Policies Proposals Non-Conforming Uses Reservation of Lands for Public Use Efficient, Compatible Development Protection of Resource Lands Protection of Environmentally Sensitive Areas RESIDENTIAL POLICIES AND PROPOSALS Goal Policies Proposals COMMERCIAL POLICIES AND PROPOSALS Goals Policies Proposals INDUSTRIAL POLICIES AND PROPOSALS Goal Policy Proposals

3 6.0 INSTITUTIONAL POLICIES AND PROPOSALS Goal Policy Proposals Institutional Uses Community Use of Public Buildings RECREATION AND OPEN SPACE POLICIES AND PROPOSALS Goal Policies Proposals Recreation Land Open Space Floodplains RURAL POLICIES Goal Policies Proposals TRANSPORTATION POLICIES AND PROPOSALS Goal Policies Proposals MUNICIPAL SERVICES POLICIES AND PROPOSALS Goal Policies Proposals Protection of Groundwater Resources Wastewater Collection and Treatment System Unserviced Development

4 11.0 ENVIRONMENT AND APPEARANCE POLICIES AND PROPOSALS Goal Policies Proposals Preservation and Enhancement Hazardous Materials and Chemicals Protection of Heritage Sites MUNICIPAL ADMINISTRATION POLICIES AND PROPOSALS Goal Policies Proposals ADMINISTRATION AND CLASSIFICATION Purpose General Exemptions and Permitted Uses in All Zones Powers of the Council Special Powers of the District Planning Commission Amendments Zone Classification Boundaries of Zones Measurements Fees for Planning Services DEFINITIONS GENERAL PROVISIONS Residential Development Near a Lagoon or Treatment Plant Dwellings Per Lot Building and Structure Projections Vehicular Off-Street Parking Vehicular Off-Street Loading and Unloading Home Occupations Home or Farm Industry Stripping of Top Soil Signs Lighting Facilities and Illuminating Devices Permit for New Sand and Gravel Extraction Operations Operating and Rehabilitation Standards for New and Existing Sand and Gravel Operations Accessory Apartments Access to a Public Street Line of Vision at Intersection

5 15.16 Height Exceptions Enclosures for Swimming Pools Development Adjacent to a Stream or Watercourse Garden Suites Separation Requirements Existing Buildings upon an Undersized Lot Steep Slopes Infill Development Solar Collector Development Wind Turbine Development Vehicular Bodies Contravene of the Rural Plan SINGLE AND TWO-FAMILY AND UP TO FOUR-FAMILY RESIDENTIAL, TERRACE DWELLINGS (R-1 ZONE) Permitted Uses Lot Sizes and Servicing Size of Dwellings and Dwelling Units Yards for a Main Building or Structure Height of a Main Building or Structure Accessory Buildings and Structures Landscaping Grocery Store, Bakery and Personal Service Shop Standards Keeping of Livestock R-1.2 Zone MULTIPLE-FAMILY RESIDENTIAL (R-2 ZONE) Permitted uses Lot Sizes Size of Dwellings Yards for a Main Building or Structure Height of Main Building or Structure Accessory Buildings or Structures Landscaping Keeping of Livestock RESIDENTIAL/MINI HOME ZONE (R-M ZONE) Permitted uses Development Standards Accessory Buildings and Structures Keeping of Livestock CENTRAL COMMERCIAL (CC ZONE) Permitted Uses

6 19.2 Lot Sizes Size of Dwelling Units Yards for a Main Building or Structure Height of a Main Building or Structure Accessory Buildings and Structures Landscaping Keeping of Livestock CC.1 Zone CC.2 Zone CC.3 Zone HIGHWAY COMMERCIAL (HC ZONE) Permitted Uses Lot Sizes Yards for a Main Building or Structure Height of Main Building or Structure Accessory Buildings or Structures Landscaping Keeping of Livestock INSTITUTIONAL (INST ZONE) Permitted Uses Lot Sizes Yards for a Building or Structure Height of a Main Building or Structure Accessory Buildings and Structures Landscaping Keeping of Livestock INST-1 zone INDUSTRIAL ZONE (I ZONE) Permitted Uses Water Servicing Lot Sizes Size of Main Building Yards for a Main Building or Structure Accessory Buildings and Structures Landscaping Keeping of Livestock PARK ZONE (P ZONE) Permitted Uses Keeping of Livestock

7 24.0 OPEN SPACE ZONE (OS ZONE) Permitted Uses RURAL ZONE (RU ZONE) Permitted Uses Development Standards RU.1 Zone RU.2 Zone RURAL COMMENRCIAL ZONE (RC ZONE) Permitted Uses Yards for a Main Building or Structure Height of Main Building or Structure Accessory Buildings and Structures Development Standards RURAL AGRITOURISM (RA ZONE) Permitted Uses Home or Farm Industry Agricultural Use AGGREGATE EXTRACTION 1 (AE-1 ZONE) Permitted Uses Development Standards for Quarries Development Standards for Accessory Buildings and Structures AGGREGATE EXTRACTION 2 (AE ZONE) Permitted Uses Development Standards for Quarries Operating Standards for Portable Asphalt Plants Development Standards for Accessory Building and Structures ENACTMENT

8 Title, Area Designation and Purpose VILLAGE OF NORTON RURAL PLAN BY-LAW NO PART A: TITLE AND AREA DESIGNATION 1.0 TITLE, AREA DESIGNATION AND PURPOSE 1.1 Title The Village of Norton, under the provisions set out in Section 27.2 of the Community Planning Act, hereby adopts as by-law the Village of Norton Rural Plan. This by-law hereby repeals By-law No. 80 the Village s Rural Plan, adopted in It also repeals subsequent Rural Plan amendments By-law 83, By-law 84, By-law 85, By-law 88, By-law 93, By-law 95, By-law 96, and By-law Area of Coverage The area of land lying within the territorial limits of the Village of Norton, as described by section 81(2) of Regulation 85-6, consolidated to June 30, 1999, under the Municipalities Act and as outlined on the map attached as Schedule A entitled Zoning Map and dated April 3, 2013, is designated for the purposes of the adoption of this Rural Plan. 1.3 Contents and Purpose The contents of this Rural Plan include: 1) Part A which outlines the title, area of coverage as well as the contents and purpose of the Plan; 2) Part B which outlines the policies and proposals of Council; and 3) Part C which contains the zoning provisions intended to implement the plan policies and proposals. Part C also contains the Zoning Map, Schedule A, which identifies the location and extent of existing and future land use. Schedule A thus presents the long term land use plan that reflects the policies and proposals in Part B of the Rural Plan and it is also the legal

9 Title, Area Designation and Purpose zoning map that accompanies and illustrates the zoning provisions of Part C. The Rural Plan sets out the Village Council's long term policies and proposals to guide future land use and development. The Plan is intended to be used by Council and Village residents to guide day-to-day decisions affecting development. The Rural Plan will also guide major policy decisions with respect to capital expenditures. Although the Plan is long term in outlook, the Plan should be reviewed every five years in accordance with provisions of the Community Planning Act. Periodic amendments to this document will be required and these should be undertaken with consultation and due process as outlined in the Community Planning Act for Plan amendment. As pointed out in Section 27 of the Community Planning Act, the adoption of a Plan shall not commit the municipality or the Province to undertake any proposal therein suggested or outlined, but shall prevent the undertaking of any development in any manner inconsistent or at variance with: (a) (b) in the case of the municipality, any proposal or policy so outlined or suggested, or in the case of the Province or a person, any proposal so outlined or suggested. For clarification in this regulation a policy is a general statement of intent while a proposal is a statement outlining specific and tangible measures to satisfy or implement a policy.

10 General Land Use Policies PART B: RURAL PLAN POLICIES AND PROPOSALS 2.0 GENERAL LAND USE POLICIES 2.1 Goal To promote a pattern of growth and land use which will ensure orderly, efficient and equitable development in a sustainable manner. 2.2 Policies It shall be a policy of Council: 1). To ensure appropriate provision of land to accommodate future demand for various uses in a compatible manner. 2). To ensure the efficient provision of a street network and water and sewer infrastructure as the basic framework around which the community will grow. 3). To ensure the provision of community facilities and services to all residents of the community. 4). To ensure protection of resource lands and environmentally sensitive areas. 2.3 Proposals Non-Conforming Uses Proposals: 1). In conformance with Section 40 of the Community Planning Act, it is proposed by Council that any land use already existing at the time this Plan is approved that does not conform to the list of permitted uses in the zone becomes a non-conforming use and will be permitted to continue. However, if a building or structure containing such a use is damaged to the

11 General Land Use Policies extent of at least half of the whole (exclusive of foundation) or if it is discontinued for a consecutive period of 10 months (or such further period as the District Planning Commission considers fit), then any reuse must conform to the Rural Plan and zone provisions applicable to the zone in which it is located unless otherwise permitted by the Commission in consultation with Council. (2) It is proposed that Council encourage the relocation of non-conforming uses to appropriately zoned and planned sites Reservation of Lands for Public Use Proposal: 1). It is proposed by Council that, wherever the reservation of private land for public use is mentioned in this Plan, it shall be with the understanding that it will be the intention of Council to acquire the use of such land through outright purchase, through public dedication or through negotiation and agreements with the owners of such lands. In the interim, such designated land shall be zoned in a category which ensures protection of the affected land for its long term intended use (as recommended in this Plan) Efficient, Compatible Development Proposal: 1). It is proposed that Council seek to ensure that general growth and development is cost effective, compatible and environmentally sound by: (a) (b) concentrating new growth in areas that are adequately serviced and properly planned; encouraging development in areas which would be contiguous to, or infilling between, existing built-up areas;

12 General Land Use Policies (c) requiring commercial, industrial and institutional uses to be physically separated from residential areas by means of adequate separation distances or by incorporating suitable buffer areas; (d) discouraging development in physically unsuitable or (e) environmentally sensitive areas; and limiting development in unserviced areas Protection of Resource Lands Proposal: 1) The Rural Plan designates a large portion of the Village as Rural. This area essentially lies outside that portion of the Village where it is intended to eventually provide municipal services for urban-related uses. In this area it is proposed by Council to permit resource related uses such as agriculture, forestry and mineral/aggregate extraction in keeping with the more detailed policies pertaining to these activities outlined in Section 8 on rural policies. It is the intent of this proposal to recognize the importance of, and need to protect, agriculture and other resource lands from encroachment by urban uses while at the same time retaining the flexibility for land owners to develop limited residential and business activities in keeping with the rural character of the Village Protection of Environmentally Sensitive Areas Proposal: 1). By managing the land use resources of the Village in the manner designated in the Rural Plan, Council is endorsing a policy to protect the natural environment, in general, and environmentally sensitive sites and areas, in particular. These protective policies and proposals will be outlined in more detail in the appropriate sections of this document.

13 Residential Policies and Proposals 3.0 RESIDENTIAL POLICIES AND PROPOSALS 3.1 Goal To provide an adequate supply of serviced land to accommodate a mix of housing of good quality to meet the needs of the future population. 3.2 Policies It shall be the policy of Council: 1). To encourage residential infilling and growth of subdivisions in areas where investment in infrastructure and community facilities has already been made. 2). To allow for a range of housing types to meet a wide range of housing needs. 3). To encourage the maintenance and appearance of properties. 3.3 Proposals 1). It is proposed to encourage residential uses in that area that can be served by gravity flow into the existing sanitary sewer system in order to make efficient use of existing and any future infrastructure. 2). It is proposed that unserviced development (individual wells and sewage disposal systems) will be permitted where there is a reliable source of potable water and where the development will not have a negative impact on the availability or quality of groundwater for surrounding uses. 3). It is proposed that higher density residential development (5 or more units, whether new units or conversion of existing single family dwellings) and commercial types of residential accommodations (including boarding houses, nursing homes and groups homes), be subject to a rezoning to

14 Residential Policies and Proposals ensure the suitability of the location including but not limited to such matters as servicing, access, parking, buffering and setbacks. 4). It is proposed that mini-home parks will be subject to a rezoning to a Residential Mini-Home Zone to ensure the suitability of the location including but not limited to such matters as servicing, access, parking, buffering and setbacks. 5). It is proposed that individual mini-home sites will be permitted in the Rural or Residential Mini-Home Zones. 6). It is proposed that mini-homes will be permitted as a second residence in the following situations; a) where accessory to an agricultural operation and for the purposes of accommodations for farm help. b) as a garden suite accessory to the primary residence. 7). It is proposed that Garden Suites will be permitted subject to zone provisions to ensure suitability of location and that the use does not become a second residence in the long term. 8). It is proposed that home occupations will be permitted accessory to a residence subject to zoning provisions covering such matters as the types of occupations, floor areas, signage and parking requirements. 9). It is proposed that the developers of all residential subdivisions will dedicate to the municipality, in accordance with the municipal Subdivision By-law, eight percent of land subdivided (exclusive of streets) for public use. In lieu of land, eight percent of the market value of the land in the subdivision at the time of submission for approval of the subdivisions plan, may be required by Council and the money thus obtained shall be reserved for improvement or equipment for existing park or recreation facilities in the area. 10). It is proposed that any applications received for subdivisions shall be reviewed to ensure compliance with good design principles as set out in the municipal Subdivision By-law.

15 Residential Policies and Proposals 11). It is proposed the maintenance of a high standard of housing will be encouraged through the enforcement of the municipal Dangerous and Unsightly Premises By-law.

16 Commercial Policies and Proposals 4.0 COMMERCIAL POLICIES AND PROPOSALS 4.1 Goals 1). To provide an environment that is supportive of commercial development and expansion; and 2). To provide suitable land in acceptable locations to meet the commercial needs of the residents of the Village. 4.2 Policies It shall be a policy of Council: 1). To encourage the development and expansion of the central business area as the major focus of commercial activity in the Village; 2). To provide for compatible local or neighbourhood commercial development in other areas of the Village to adequately serve the needs of neighbourhood residents; 3). To allow for a range of commercial activities within the rural area of the Village that are compatible with and supportive of the rural character of the area; 4). To provide opportunities for home based commercial operations as a means of encouraging economic activity in the Village, and 5). To provide safe and suitable areas for highway commercial development catering to highway and tourist-related needs of residents and visitors.

17 Commercial Policies and Proposals 4.3 Proposals 1). It is proposed by Council to identify a Central Commercial Zone which will serve as the major focus of commercial development of the Village. The Central Commercial Zone will allow a variety of uses including retail and service commercial, office and financial uses, institutional and civic uses, commercial-recreation and entertainment, as well as residential uses including nursing homes and special care homes. 2). It is proposed by Council to identify a Rural Commercial Zone which will accommodate existing larger scale commercial operations in the rural area. Any new commercial uses that fall outside of the provisions for commercial uses in the Rural Zone will be subject to an amendment to the Rural Plan to a Rural Commercial Zone. The evaluation of such a proposal will consider, but not be limited to, the suitability of the site to the proposed use, compatibility with the rural character of the area, and the impact on agricultural activity and surrounding land uses. 3). It is proposed by Council to identify a Highway Commercial Zone to which development catering to the traveling public will be directed. 4). It is proposed by Council that any applications for highway commercial development beyond the Highway Commercial Zones identified on the Rural Plan will be encouraged adjacent to the Central Commercial Zone along Route 124 and 121 and will be permitted only by amendment to the Rural Plan. 5). It is proposed by Council that application for rezoning to a Highway Commercial zone will evaluate the following: (a) That the site has adequate access to arterial or collector streets; (b) That the site, in the opinion of the Village's engineer, can be adequately serviced by water and sewer services in accordance with provincial regulations covering development on individual wells and sewage disposal systems;

18 Commercial Policies and Proposals (c) (d) (e) That the site is of sufficient size to meet all parking, loading, setback, lot coverage, landscaping and other requirements set out in the zone provisions; That consideration be given to protection of adjacent residential development by: i) requiring an acceptable buffer strip of trees, shrubs or hedges; and ii) specifying the size, type and location of signing and lighting to be used; and Any other criteria deemed appropriate by Council. 6). It is proposed that any request for permanent liquor license for an establishment is subject to terms and conditions, as provided by Section 39 of the NB Community Planning Act, which may be imposed by the Council. 7). It is proposed that any request for an adult entertainment establishment is subject to terms and conditions, as provided by Section 39 of the NB Community Planning Act, which may be imposed by the Council. 8). It is proposed that a range of home-based occupations will be permitted accessory to primary residences subject to provisions to ensure compatibility with surrounding residential uses. 9). It is proposed that small grocery stores, bakeries, as well as personal service shops, will be permitted in the Single family Residential Zone subject to provisions that will address compatibility with surrounding residential uses.

19 Industrial Policies and Proposals 5.0 INDUSTRIAL POLICIES AND PROPOSALS 5.1 Goal To direct industrial uses that support the local economy and benefit the local community to appropriate locations. 5.2 Policy It shall be a policy of Council: 1). To direct industrial development to locations that have easy access to major transportation routes, could be serviced in the future and that have minimal impact on the natural environment. 5.3 Proposals 1). It is proposed that an industrial zone will be established and that zone provisions address area, yard and height requirements, parking, loading, signing, and landscaping requirements. 2). It is proposed that only uses that do not require water in processing or manufacturing will be permitted until such time as municipal water services are available. 3). It is proposed that Council will strive to identify a suitable site for an Industrial Park. 4). It is proposed that the operation of an asphalt plant, either portable or permanent, will be subject to Section 39 of the Community Planning Act.

20 Institutional Policies and Proposals 6.0 INSTITUTIONAL POLICIES AND PROPOSALS 6.1 Goal 1. To provide adequate community facilities and public buildings to serve the Village residents. 6.2 Policy It shall be a policy of Council: 1). To encourage community use of school facilities, church and public halls. 6.3 Proposals Institutional Uses Proposals: 1). It is proposed that churches, cemeteries, playgrounds, parks and schools be permitted in the Rural Zone. 2). It is proposed that unless otherwise permitted in the Rural Zone, all institutional uses shall be directed to an Institutional zone. 3). It is proposed that the rezoning of lands for institutional uses shall be based on consideration of the following: (a) that the site is located on, or has convenient access to an arterial or collector street; (b) that adequate provisions for any required pedestrian access has been incorporated; (c) that an adequate buffer as required by the zoning provisions be provided adjacent to any neighbouring residential uses; and

21 Institutional Policies and Proposals (d) that off street parking has been provided in accordance with the parking provisions of section Community Use of Public Buildings Proposal: 1). It is proposed that the continued use of public buildings and school facilities such as gymnasiums, sports fields and possibly classroom or meeting facilities for community activities and adult education courses be encouraged.

22 Recreation and Open Space Policies and Proposals 7.0 RECREATION AND OPEN SPACE POLICIES AND PROPOSALS 7.1 Goal To provide a full range of recreation facilities and programs to serve all areas and all age groups in the community. 7.2 Policies It shall be a policy of Council: 1). To provide neighbourhood recreation facilities to serve as many residents as possible. 2). To provide and protect open spaces and natural areas for the enjoyment of all residents. 3). To limit development in flood risk areas in order to reduce property loss and environmental damage. 7.3 Proposals Recreation Land Proposals: 1). It is proposed that lands owned by the Village or Province and used for recreation purposes be zoned Park in the Rural Plan. 2). It is proposed that Council develop a Recreation Plan to identify opportunities and priorities for protection of lands or acquisition of lands for public purposes. This can include land that needs protection including floodplains and other sensitive areas, key linkages for trails or habitat connections, lands for tot lots, playing fields or community buildings. The needs of special groups such as senior citizens and the handicapped should

23 Recreation and Open Space Policies and Proposals also be considered. This Recreation Plan will also guide decisions on what lands are to be dedicated in the case of subdivision of land and where the cash in lieu option is appropriate Open Space Proposals: 1) It is proposed by Council that all areas zoned "Open Space" shall be reserved and protected to serve as passive recreation areas or merely left undisturbed to fulfill their naturally intended functions and enjoyed for their aesthetic appeal. These open spaces should include: government-owned parks and open areas, cemeteries, flood plains, and trails. 2). It is proposed that Council may restrict development in the above areas by: (i) zoning the areas as "Open Space" and limiting uses to passive recreation and conservation; (ii) employing Section 34(3)(g) of the Community Planning Act which prohibits building when the site is marshy, subject to flooding, excessively steep or unsuitable for development because of soil conditions or topography; and (iii) through public dedication as part of the subdivision by-law, through outright purchase of the property or through negotiation or agreement with the owner Floodplains Proposals: 1). It is proposed that floodplains will be zoned as Open Space on the Rural Plan Zoning Map with the exception of those areas that are already developed and zoned otherwise on the Rural Plan. The delineation of the floodplains in the Open Space zone shall include those lands identified as

24 Recreation and Open Space Policies and Proposals the 1 in 20 year and 1 in 100 year flood levels as shown on the 1:5,000 scale map sheet (#FR ) and the 1:10,000 scale map sheets (#FR 21H/12-V4 and #FR 21H/12-V2) available from the province. 2). It is proposed that at such time as the province adopts policy with respect to development within the floodplain, provisions set out under this by-law will be replaced by the specific standards as stated in the provincial policy, except any provisions in the Rural Plan which are stricter than the provincial policy, which will continue to apply.

25 Rural Policies and Proposals 8.0 RURAL POLICIES AND PROPOSALS 8.1 Goal To provide for sustainable rural and natural resource-related activities in a manner compatible with existing urban-related uses and the natural environment. 8.2 Policies It shall be a policy of Council: 1). To protect undeveloped land within the Village which is currently used, or has potential to be used, for rural uses such as agriculture, forestry, fishing and mineral/aggregate resource extraction; 2). To encourage sustainable development practices; 3). To minimize conflicts between rural and urban uses; and 4). To allow a limited range of commercial activity that maintains the rural character of the area. 8.3 Proposals 1). It is proposed that a Rural Zone be established that allows for a range of uses including resource based activities, residential uses, recreation and tourism, some institutional uses, as well as commercial uses subject to provisions to ensure compatibility with surrounding uses and protection of the environment. 2). It is proposed that any terms and conditions that might be imposed on new commercial uses should address, but not be limited to, the maintenance of the rural landscape, compatibility with resource based uses, as well as potential impacts on neighbouring uses and the natural environment. 3). It is proposed that zone provisions be established to adequately separate livestock facilities and residential uses. 4). It is proposed that Council support the efforts of the agricultural and

26 Rural Policies and Proposals forestry industries to operate in a sustainable manner and address potential impacts of these resource activities on the environment. 5). It is proposed that all fishing activity in the Village shall be in accordance with provincial fish and game regulations. 6). It is proposed that prior to approval of any development associated with artificial ponds, appropriate permit approvals shall be obtained from the province. 7). It is proposed by Council that the operation of new pits will be a permitted use within the Rural Zone subject to the issuance of an excavation permit and compliance with zoning provisions addressing such matters as impact on the environment, neighbouring land uses, and public safety. 8). It is proposed that the operation of quarries will be subject to Section 39 of the Community Planning Act.

27 Transportation Policies and Proposals 9.0 TRANSPORTATION POLICIES AND PROPOSALS Goal 1). To provide a safe and efficient internal and external highway transportation system in the Village. 9.2 Policies It shall be a policy of Council: 1). To ensure that the Department of Transportation continues the maintenance and upgrading of all Provincially-designated routes to provide for convenient and safe movement of vehicles and pedestrians through the Village. 2). To upgrade and maintain existing streets to acceptable standards for rightof-way width, surface condition, drainage and safety considerations. 3). To encourage development of subdivision streets off the main highways. 4). To provide for the safe movement of pedestrians and bicycles along and across major arterial and collector streets as well as between subdivisions. 5). To ensure provision of acceptable parking and loading areas in the Village. 9.3 Proposals 1). It is proposed that the following minimum right-of-way standards be maintained in future local street construction. (a) Arterial streets - 30 metres (100 feet) (b) Collector streets - 25 metres (80 feet) (c) Local streets - 20 metres (66 feet)

28 Transportation Policies and Proposals 2). It is proposed that all future streets are designed by the Province or the Village engineers in accordance with the New Brunswick DOT Guidelines to Minimum Standards. 3). To achieve a more compact and efficient development pattern, it is proposed that the development of subdivisions off the main highways as opposed to continued ribbon development along the existing highways be encouraged. 4). To ensure that access to rear lots or backlands is not cut off by continuous frontage development along highways, it is proposed that the subdivision by-law provide that continuous subdivision activity will not be permitted along any highway or road without reserving an access to the backlands at intervals of 400 metres (1,312 feet) or less along the road. 5). It is proposed that an annual inspection of all Village streets and roads is conducted with respect to roadway (surface and shoulder) conditions, drainage and ditching, and safety concerns. 6). It is proposed that Council develop a list of priorities for upgrading and maintenance. 7). It is proposed that Council approach the Department of Transportation to address the priorities on Provincially-designated routes. 8). It is proposed that Council undertake necessary improvements to streets that are the Village s responsibility as finances become available. 9). It is proposed that these roadway improvements be coordinated with any future extension of the municipal sewer system. 10). It is proposed that sidewalks be provided as funding permits and opportunities arise (such as the upgrading streets and highways or the constructing of water and sewer systems) along existing and future collector streets, with priority given to those streets on which community facilities such as schools, churches, recreation areas and shopping facilities are located. A determination of whether sidewalks should be constructed on one or both sides of the street will be based on traffic volumes and the location of residences and community facilities.

29 Transportation Policies and Proposals 11). As subdivisions develop and expand, it is proposed that walkways for pedestrians and bicycles will be provided between subdivisions as well as from the subdivisions to adjacent community facilities and shopping areas. 12). It is proposed that the provision of pedestrian crosswalks at major intersections along Routes 124 and 121 and across all future collector streets be considered in order to provide safe access to community facilities such as schools, recreation and shopping areas. Any provision of crosswalks must be accompanied by a public education program to acquaint pedestrians and motorists with the proper way to use the crosswalks. Pavement markings, overhead signs, and in some cases pedestrian activated walk lights, should be considered. 13). It is proposed that all future off-street parking and loading be provided in accordance with the zone provisions.

30 Municipal Services Policies and Proposals 10.0 MUNICIPAL SERVICES POLICIES AND PROPOSALS 10.1 Goal To provide safe, efficient and economical water and sewage services for Village residents Policies It shall be a policy of Council: 1). To ensure protection of the ground water resources in the Village. 2). To maintain and expand the municipal sewage collection and treatment system. 3). For development in unserviced areas, to ensure that the water supply and sewage disposal system meets the minimum standards required by the Province of New Brunswick Proposals Protection of Groundwater Resources Proposal: 1). It is proposed by Council to initiate a public education program with respect to the protection of individual wells. 2). It is proposed by Council to investigate the potential site for a future municipal well and undertake the necessary steps to protect surrounding lands from uses that might impact water quality.

31 Municipal Services Policies and Proposals Wastewater Collection and Treatment System Proposal: 1). It is proposed by Council to maintain the present sewage collection and treatment system and to expand the system as required to accommodate future subdivision growth Unserviced Development Proposals: 1). It is proposed by Council, with respect to all development applications (building permits or subdivision applications) that require individual wells and septic tanks, to ensure that well requirements under Provincial regulations pertaining to lot sizes, water supply and sewage disposal systems are met. 2) It is proposed that in areas that are eventually proposed to be serviced by municipal water and sewer systems, new residences or structures shall be encouraged to locate on a front quarter of the lot to facilitate the potential for resubdivision at such time as full services are available. 3) It is proposed that innovative forms of residential development that provide environmentally-conscious communal services and which protect the natural environment will be encouraged subject to an amendment to the Rural Plan. 4) It is proposed that creation of new residential lots will be subject to approval by the Commission of a Water Supply Assessment as submitted by the proponent where 5 or more lots are being proposed, or if there is a cumulative total of 5 or more lots from an original lot in existence as of September 01, 1998, or where the lots proposed are in an area with documented drinking water quality or quantity problems.

32 Environment and Heritage Policies and Proposals 11.0 ENVIRONMENT AND HERITAGE POLICIES AND PROPOSALS 11.1 Goal 3. To practice sustainable development by providing a pleasant and safe living and working environment while also protecting and enhancing the natural environment Policies It shall be a policy of Council: 1). To preserve and enhance the natural and built environment; 2). To ensure suitable control over land uses which utilize hazardous chemicals and which have potential to contaminate the environment and cause health or safety problems; and 3). To protect buildings and sites of heritage or archaeological significance Proposals Preservation and Enhancement Proposal: 1). It is proposed that the preservation and enhancement of the natural and built environment shall be encouraged by: (a) Protecting wetlands, marshes, and watercourses by restricting development within 30 metres of these features; (b) Protecting and preserving existing trees and shrubs and instituting a tree planting program; (c) Maintaining and landscaping public buildings and lands; (d) Encouraging the maintenance and enhancement of the commercial areas through maintenance and paint-up campaigns, the control of

33 Environment and Heritage Policies and Proposals (e) (f) the location, size and type of signs, as well as the provision of landscaping and street furniture where possible; Requiring the provision of buffer areas (green belt areas, strips of trees or shrubs and architectural screening such as walls or fences) around commercial or industrial uses, public parking lots or other visually unpleasant grounds or buildings as required in other policies and zone provisions of this plan, and Adoption and enforcement of an Unsightly Premises By-law to enhance the residential environment Hazardous Materials and Chemicals Proposals: 1). It is proposed that all future uses which utilize materials and chemicals which may be hazardous to human health if permitted to enter the soil, water or atmosphere (except gas bars), should be prohibited from any area except in an Industrial Zone. 2). It is proposed that Council should also urge the provincial government to initiate comprehensive legislation dealing with the use, transportation and storage of hazardous materials Protection of Heritage Sites Proposals: 1). It is proposed that the coordination of heritage initiatives be in cooperation with the Provincial and Federal Governments and non-governmental heritage organizations to assist in identifying and protecting the Village s most valuable heritage resources. 2). It is proposed that Council will designate under the Municipal Heritage Preservation Act, where appropriate, heritage preservation areas, including

34 Environment and Heritage Policies and Proposals heritage structures, sites and streetscapes, to promote the cultural, educational and economic development of the Village. 3). It is proposed that Council implement an on-going heritage program to: (a) (b) (c) (d) enhance public awareness of heritage resources and issues; develop an inventory of heritage resources in the Village; identify and prioritize heritage resources of particular significance; and identify and pursue alternate incentives and methods to facilitate the preservation of valuable heritage resources.

35 Municipal Administration Policies and Proposals 12.0 MUNICIPAL ADMINISTRATION POLICIES AND PROPOSALS Goal To ensure that all future development is carried out within the general intent of the policies of the Rural Plan Policies It shall be a policy of Council: 1). To adopt and enforce appropriate by-laws to implement the Rural Plan. 2). To encourage private development within the scope of the Plan. 3). To encourage public participation in the implementation of the Plan Proposals 1). In an effort to ensure that future development is carried out within the general intent of the policies of this Plan, is proposed that Council adopt and enforce subdivision and building by-laws and other by-laws to implement the Rural Plan. 2). It is proposed that Council recognize the legitimate development aspirations of land owners and developers as applications are made, provided they do not conflict with the objectives and the general intent of the policies of this Plan. 3). It is proposed that Council take advantage of all opportunities to educate and involve the public in matters related to the planning of their community. This is especially relevant to the approval and amendment of this Plan and any by-laws designed to implement the Plan. 4). It is proposed that Council conduct a thorough review of the Plan at least every five years to ascertain the need for Plan amendments. 5). It is proposed that in addition to any other specific considerations identified elsewhere in this Rural Plan, the evaluation of all applications to amend this Rural Plan shall include but not be limited to consideration of:

36 Municipal Administration Policies and Proposals (a) impact on adjacent land uses and the natural environment including habitat and groundwater resources; (b) public safety; (c) suitability of access, roads and bridges; (d) suitability of lot size to proposed use; (e) compatibility of the proposed use and scale of buildings or structures to surrounding land uses; (f) issues of nuisance including traffic, noise, and visual disturbance; (g) location, surface treatment of parking and loading areas and their impact on drainage; (h) potential pollution of air, water, soils; and (i) compliance with relevant provincial and federal legislation or regulations. 6). It is proposed that prior to granting an application to amend the Rural Plan, in addition to any other specific consideration set out elsewhere in this Rural Plan, consideration be given to the need to impose terms and conditions to address, but not be limited to, compatibility with surrounding land uses, protection of the environment, and use and enjoyment of property. This may include provisions specifying; (a) proposal and type of activity permitted; (b) the portion of the lot which is subject to the application to amend the Rural Plan; (c) site layout, scale, external design, and appearances of structures (d) setbacks and buffers; (e) location of parking areas and surface materials; (f) drainage, landscaping and screening; (g) limits on activities that might produce noise, smoke, odours, dust, vibration, or other nuisances.

37 Municipal Administration Policies and Proposals 7). It is proposed that a consolidated version of the Rural Plan be maintained and made available for public reference, identifying all amendments to the Rural Plan including any associated Terms and Conditions or Agreements and any Terms and Conditions as may be imposed by the Commission in consultation with Council. 8). It is proposed by Council to take advantage of every opportunity to involve the public in the planning or decision-making process with respect to the future development of the community.

38 13.31 Definitions PART C: ZONING PROVISIONS 13.0 ADMINISTRATION AND CLASSIFICATION 13.1 Purpose The purpose of Part C is: (a) to divide the municipality into zones; (b) to prescribe, subject to powers reserved in the District Planning Commission, (i) the purposes for which land, buildings and structures in any zone may be used, and (ii) standards to which land use, and the placement, erection, alteration and use of buildings and structures must conform; and (c) to prohibit the use, placement, erection or alteration of land, buildings or structures other than in conformity with the purposes and standards mentioned in clause (b) General (1) Council may by by-law, amend this Rural Plan under section 74(1) of the Community Planning Act or rezone a lot or lands, subject to terms and conditions in accordance with Section 39 of the Community Planning Act. (2) The powers of Council, the District Planning Commission, Development Officer and Building Inspector are as contained within the Community Planning Act, the Municipalities Act, and other Village By-laws and are not restricted, in any way to those of this by-law.

39 13.32 Definitions Exemptions and Permitted Uses in All Zones (1) Subject to terms and conditions as may be imposed by the Planning Commission in consultation with Council, private and public utilities shall be permitted in all zones and are exempt from the zone provisions of the lot upon which they are located including the use of land for the purposes of the supply of, (a) (b) (c) (d) (e) (f) electric power, natural gas, water supply and storage, sanitary sewage disposal and treatment of sewage drainage, including storm sewers, streets, or g) all other public or private utilities, including the location or erection of any structure or installation for the supply of any of the above-mentioned services (2) Staking and claiming is permitted in all zones subject to other legislation including the Environmental Impact Assessment Regulation - Clean Environment Act (New Brunswick Regulation 87-83), the Mining Act, the Bituminous Shale Act, and the Oil and Natural Gas Act Powers of the Council Provision of Services (1) No building may be erected in the municipality in respect of which, in the opinion of the Council, satisfactory arrangements have not been made for the supply of electric power, water, sewerage, streets or other services or facilities.

40 13.33 Definitions Unsightly Premises (1) When, in its opinion, a building or structure is dilapidated, dangerous or unsightly, the Council may (a) (b) require the improvement, removal or demolition of such building or structure at the expense of the owner thereof; or acquire the parcel of land on which such building or structure is located Cash in Lieu of Parking (1) Notwithstanding any other provision of this by-law, the Council may allow a developer of a building or structure to pay to the Municipality the sum of $1, (one thousand dollars) per parking space in lieu of providing offstreet parking required hereunder. All money received by the Council shall be subject to the provisions of Section 37 of the Community Planning Act Non-conforming Uses (1) The Council may require that any land, building or structure containing a non-conforming use shall be maintained and kept in a condition appropriate to the area in which it is located, in accordance with standards prescribed by the Council and in accordance with provisions of Section 41 of the Community Planning Act.

41 13.34 Definitions 13.4 Special Powers of the District Planning Commission Site Suitability (1) 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 Commission, the site is marshy, subject to flooding, excessively steep or otherwise unsuitable by virtue of its soil or topography Temporary Uses (1) In response to an application signed by the owner of the subject lands or an authorized agent, the Planning Commission may, subject to such terms and conditions as it considers fit, (a) Authorize, for a temporary period not exceeding one year, a development otherwise prohibited by this By-law; and (b) Require the termination or removal of a development authorized under clause (a) at the end of the authorized period. (2) The Planning Commission may authorize, subject to terms and conditions, the extension of a temporary use for an additional period not exceeding on year, if: (a) The application holds an authorization under Section (1) that is to expire or has expired, (b) An application with respect to the land has been made to amend the Rural Plan; and, (c) The Commission has received a resolution from the Village Council confirming that the Council will consider the application referred to in subsection (b).

42 13.35 Definitions (3) The Planning Commission may: (a) Delegate its authority under Section (1) to the development officer, and, (b) Authorize a delegate under Section (3) to further delegate his or her authority under Section (a) to any person (4) In prescribing the purposed for which land, buildings and structures may be used, the Planning Commission may, where so empowered by other sections in this Rural Plan, impose terms and conditions on or may prohibit such uses where compliance with those terms and conditions cannot reasonably be expected. Terms and conditions so imposed shall be limited to those considered necessary by the Planning Commission to protect: (a) Properties within the zone or in abutting zones; or (b) The health, safety and welfare of the general public. (5) The Planning Commission may permit, subject to such terms and conditions as it considers fit, (a) A proposed use of land or a building that is otherwise not permitted under the Rural Plan if, in its opinion, the proposed use is sufficiently similar to or compatible with a use permitted in the Rural Plan for the zone in which the land or building is situated; or (b) Such reasonable variance from the requirements of the zone provisions falling within paragraph 34(3)(a) of the Community Planning Act as, in its opinion, is desirable for the development of a parcel of land or a building or structure and is in accord with the general intent of the by-law and any plan or statement hereunder affecting such development.

43 13.36 Definitions (6) Where requested to permit a proposed use or variance under section (5), the Planning Commission may give notice to owners of the land in the immediate neighbourhood, (a) Describing the land; (b) Describing the use proposed or variance requested; and (c) Giving the right to make representation to the Commission within the time limit set out in the notice. (7) Other powers and duties of the Planning Commission are specified in the section 7(2) of the Community Planning Act with respect to matters dealing with zoning, proposed uses, variances, non-conforming use, subdivisions, approval of an access, location of land for public purposes, street names, advice to the Minister and advice to municipalities Amendments (1) A person who seeks to have this By-law amended shall (a) address a written and signed application in duplicate therefore to the Council; and (b) pay a fee as prescribed in section (2) An application under this section shall include such information as may be required by the Council or District Planning Commission for the purpose of adequately assessing the desirability of the proposal. (3) The Council may refuse to consider an application under this section if such application (a) seeks to re-zone an area of land from one type of zoning to another; and (b) has not been signed by one or more owners of each property in the area to be rezoned as mentioned in clause (a).

44 13.37 Definitions (4) Before giving its views to the Council with respect to an application under this section, the Planning Commission shall carry out such investigation as it deems necessary. (5) Unless, upon the advice of the Planning Commission, the Council is of the opinion there is valid new evidence or change in conditions, where an application under this section has been refused by the Council, no further application may be considered by the Council for one year if such application (a) (b) in the case of re-zoning, is in respect of the same area of land with which the original application was concerned; or not being in relation to re-zoning, is similar to the original application. (6) Where an application is received by Council to have an area of land rezoned to permit the carrying out of a specific proposal, the Council may, by resolution, set out the proposal and impose such reasonable terms and conditions as are permitted under Section 39 of the Community Planning Act Zone Classification (1) For the purposes of this By-law, the municipality is divided into zones delineated on the plan attached as Schedule "A", entitled "Village of Norton Zoning Map". (2) The zones mentioned in subsection (1) are classified and referred to as follows: (a) Single- and two-family and up to four-family residential, terrace dwellings, R-1 Zone (b) Multiple family residential R-2 Zone (c) Mini-Home residential R-M Zone (d) Central commercial CC Zone (e) Highway commercial HC Zone

45 13.38 Definitions (g) Industrial I Zone (g) Institutional INST Zone (h) Park P Zone (i) Open Space OS Zone (j) Rural RU Zone (k) Rural Commercial RC Zone (l) Rural Agritourism RA Zone (m) Aggregate Extraction 1 AE-1 Zone (n) Aggregate Extraction 2 AE-2 Zone (3) 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, except as otherwise provided, the part of this By-law pertaining to such zone Boundaries of Zones (1) Where the boundary of any zone is uncertain and (a) the boundary, as shown on the zoning map relating to this by-law (b) (c) substantially follows a street, lane or watercourse, the center line of such feature is the boundary; or the boundary, as shown on the zoning map relating to this by-law substantially follows property lines, shown on the registered plan of subdivision or registered document, such are the boundary lines; or the boundary as shown on the zoning maps runs substantially parallel to a street line or property line and the distance from the street line is not indicated, the boundary shall be deemed to be parallel to such a street line and the distance from the street line shall be determined according to the scale shown on the zoning maps.

46 13.39 Definitions 13.8 Measurements (1) For the purposes of implementation and enforcement of this by-law, the metric measurements contained herein apply. Imperial figures are for the convenience of the reader only Fees for Planning Services (1) The following fees will be applied to the services noted below; (a) Zoning Confirmation letter (stating the current zoning on a subject lands), $100, (b) Zoning Compliance letter (indication whether the use of a subject land, building, or structure is in compliance with the Village of Norton Rural Plan), $200. (c) Processing and considering applications under section 34(3)(h) of the Community Planning Act (temporary uses), $250 (d) Processing and considering requests under section 35 of the Community Planning Act (dimensional variances, similar uses, nonconforming uses, conditional uses), $250 (e) Processing and considering requests for rezoning, $1000. (2) All fees are submitted and payable as follows: (a) (b) At the time of application or request, the proponent shall pay the fee as prescribed in 13.9 (1). Payments shall be made to the Royal District Planning Commission.

47 13.40 Definitions (c) All imposed fees are payable prior to the processing of the application and issuance of the permit, approval or other documentation to which the fee applies. (3) Every application shall be submitted to and processed by the Royal District Planning Commission.

48 13.41 Definitions 14.0 DEFINITIONS 1. In this By-law, adult entertainment use means any premises or part thereof in which is provided services of which a principle feature or characteristic is the nudity or partial nudity of any person and shall include such uses as cabarets, peep shows, uses involving exotic dancers, massage parlours, escort services, adult arcades and adult movie theatres or similar uses; agricultural produce sales outlet means a fruit, vegetable, flower or farm produce stand set up as an accessory use on a farm, used for the sale of produce from that same agricultural operation; agricultural use includes one or more of the following: the cultivation of land, the keeping and raising of livestock, including horses and poultry, the raising of fur bearing animals, the raising of bees, the production of agricultural field crops, the production of fruit and vegetables and other specialty horticultural crops, the production of eggs and milk, the operation of agricultural machinery and equipment, including irrigation pumps, and the application of fertilizers, conditioners, insecticides, pesticides, fungicides and herbicides, including ground and aerial spraying, for agricultural purposes;

49 13.42 Definitions agritourism operation means a tourist activity, service or facility that is secondary to a main use which may include, but is not limited to farm tours and demonstrations, horse riding, horse and other livestock shows, picnicking, farm related educational activities including cooking classes using farm products from the farm, seasonal promotional events (e.g. harvest and Christmas fairs, etc), special promotional events for the promotion of farm products, but not a service requiring the use of a permanent commercial kitchen, accommodations for farm vacations or bed and breakfast operation. "alter" means to make any change, structurally or otherwise, in a building or structure which is not for purposes of maintenance only; animal unit means the number of livestock or poultry that produce one animal unit as follows: 1 horse, cow, steer, bull, mule, donkey, bison, buffalo, pig, fox or mink, including offspring until weaning 2 sheep or goats, including offspring until weaning 3 llama, alpaca, or deer, including offspring until weaning 5 turkey, ostrich, emu or fur bearing animals excluding fox or mink, including offspring until weaning 15 chickens, ducks or geese 100 chicks; "bachelor apartment" means a dwelling unit in a multiple dwelling, consisting of not more than one habitable room together with kitchen or kitchenette and sanitary facilities; bed and breakfast means a dwelling occupied by a family and used incidentally to provide accommodation and meals to transient travellers and includes a tourist home but does not include a boarding house, rooming house, domiciliary hostel, group home, hotel, motel or inn. In accordance with provincial regulations a bed and breakfast must have from one to ten rooms, inside access for at least 50 percent of the rooms, a maximum of 3

50 13.43 Definitions rooms per bath, provide a minimum of a continental breakfast on the premise and must provide personalized hospitality directly by the owner or operator; business complex means any building or part thereof in which one or more persons are employed in the management, direction or conducting of any agency, business, brokerage, labor or fraternal organization; "building" means a roofed erection with solid exterior walls which is used or intended as a shelter for persons, animals or chattels; "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 main use of the land, building or structure; "building, main" means a building in which is conducted the main or principle use of the lot on which the building is located; cabin means a building or structure designed and built for temporary human accommodation containing separate heating facilities but no culinary or sanitary facilities and having an area of not less than 9 square metres (100 square feet) and not more than 28 square metres (300 square feet); campground means establishments providing an area of land, other than a mobile home park, where trailers, camper trailers, tents, camping trucks, motor homes and/or other similar shelters are placed for the purpose of providing temporary sleeping accommodations;

51 13.44 Definitions cottage means a building or structure designed and built as an independent and separate housekeeping establishment with separate culinary and sanitary facilities, provided for the exclusive use of one family for temporary occupancy during weekends or vacation periods and not for year-round or permanent human habitation notwithstanding that it may be designed and/or constructed for such year-round or permanent human habitation, and does not include a tent, cabin, trailer or mobile home. commercial recreational facility means an establishment including buildings and/or spaces, operated for gain or reward, designed and equipped for the conduct of indoor or outdoor sports, leisure time activities and other customary and usual recreational activities; Commission means the Royal District Planning Commission; daycare centre (i) commercial daycare centre means an establishment for the (ii) provision of care and supervision of a maximum of 60 children, as regulated under the Child and Family Services Act. home day care means an establishment for the provision of regular but part time care of preschool children or school aged children before and/or after school in a private home setting and operated as a home occupation; "dwelling" means a main building, or a portion thereof, containing one or more dwelling units; dwelling, multiple" means a dwelling containing more than two dwelling units; "dwelling, single-family" means a dwelling containing only one dwelling unit;

52 13.45 Definitions "dwelling, terrace" means a dwelling containing at least three and no more than six dwelling units, such units being constructed adjoiningly with common walls, and not one above the other, with individual entrances from the street level directly; "dwelling, two-family" means a dwelling containing two dwelling units; "dwelling unit" means a room or suite of two or more rooms designed or intended for use by an individual or family, in which culinary facilities and sanitary conveniences are provided for the exclusive use of such individual or family and does include modular home but not a mini-home or mobile home; "erect" means to construct, build, assemble or re-locate a building or structure, and any physical operations preparatory thereto; "family" means one or more persons, not necessarily related, occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a hotel or boarding or rooming house; finishing building products means building products used in finishing construction, including but not limited to, doors, windows, siding, roofing, flooring, cabinetry, and related accessory products, but excluding lumber, gyprock and plywood; forestry use means the general growing and harvesting of tress and without limiting the generality of the foregoing shall include silviculture activities, the raising and cutting of fuel wood, pulp wood, lumber, Christmas trees, and other primary forest products as well as the portable milling and sawing of wood;

53 13.46 Definitions "garage, public" means any building, space or enclosure in which motor vehicles or power boats are stored for use (as opposed to being stored for sale) or repaired, whether for the public, for business purposes or for hire; garden suite (granny flat) means a detached secondary residential dwelling (excluding mobile homes) on an otherwise occupied lot used for residential purposes, and intended for the sole occupancy of one or two adult persons. "grade" means the finished level of the ground at the exterior walls of a building or structure; 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 commercial daycare centre, a halfway house or a facility for the temporary care of transient and homeless persons. "height" means, in relation to a building or structure, the vertical distance as measured from mean grade to the highest point on such building or structure; heritage property means features in or on the land or underwater and considered to be a consultable record of past human activities, endeavours or events (i.e., buildings, street furniture, engineering works, plantings and archaeological sites); home occupation means a secondary use conducted in a dwelling, or an accessory building or structure where permitted and on the same lot as the

54 13.47 Definitions dwelling unit, for gain or support, which is compatible with a domestic household and which is carried on by at least one member of the household residing in that dwelling unit but does not include: (a) (b) a retail operation, except where the retail operation involves the sale of craft, antiques, flowers, plants or other goods similar in nature, or where the goods being sold were produced on site, or where the retail operation is accessory to the provision of a service, or machine or auto repair, a welding shop, or a sawmill; home or farm industry means a gainful occupation, trade or service for which purpose an accessory building or structure may be used, and, without limiting the foregoing, would include the production of arts and crafts, a shop for carpentry, electric equipment repair, woodworking, window framing, welding, plumbing, machine or auto repair, a service shop, a blacksmith, and a storage building for vehicles, equipment and commodities; "house, boarding" means a dwelling or part thereof in which rooms and meals are provided to lodgers for compensation excluding tourism establishments; "house, rooming" means a dwelling or part thereof in which rooms are provided to lodgers for compensation excluding tourism establishments; infill development means a development or redevelopment occurring on a vacant site following completion of the initial development of the area; institutional use means the use of land, building, or structures for a public non-profit purpose and without limiting the generality of the foregoing, may include such buildings as a school, places of worship, public hospitals,

55 13.48 Definitions medical clinics, emergency service facilities, municipal works departments and government buildings (By-law ); kennel means any premise s on which five (5) or more animals over the age of six (6) months are boarded, bred, trained or cared for in return for remuneration or are kept for the purposes of sale, and does not include a veterinary clinic or boarding stable; livestock means cattle, horses, mules, donkeys, llamas, alpacas, deer, bison, buffalo, pigs, sheep, goats, ostriches, emu, fur bearing animals, chickens and turkeys or other fowl; livestock facility means a building used or intended to be used to confine or house livestock or a confined livestock area, and includes a structure or area used or intended to be used to store manure. "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; "lot, corner" means a lot having two or more adjacent sides fronting on two or more intersecting or intercepting streets, and "lot, interior" means a lot other than a corner lot; "lot line" means a common line between a lot and an abutting lot, lane or street; "lot line, rear" means the lot line extending along the rear of the lot; "lot line, side" means a lot line extending from the street line to the rear of the lot;

56 13.49 Definitions mini-home means a building unit that is designed to be used with or without a permanent foundation as a dwelling for humans, that has a width of less than six metres (20 feet) throughout its entire length exclusive of steps or porches, that it not fitted with facilities for towing or to which towing apparatus can be attached and that is capable of being transported by means of a flat-bed float trailer from the site of its construction without significant alteration. "mobile home" means a dwelling unit so constructed as to be suitable for being attached to and drawn by a motor vehicle, notwithstanding that such vehicle is jacked up or its running gear removed; modular home means any dwelling that is designed in more than one unit and is designed to be made mobile on a temporary basis, and constructed or manufactured to provide a permanent residence for one or more persons, but does not include a mini-home or mobile home as defined herein; nursing home means a residential establishment operated, for the purpose of providing supervisory, personal or nursing care for four or more persons who are (i) not related by blood or marriage to the operator of the home; (ii) who by reason of age, infirmity, mental disability or physical disability, are not fully able to care for themselves. Hospital is a separate use. permanent asphalt plant means a permanent facility with equipment designed to mix aggregate with liquid asphalt to produce asphalt-paving material and includes stockpiling and storage of bulk materials used in the process,

57 13.50 Definitions permanent liquor establishments means any building or structure that is permanently licensed under the Liquor Control Act of New Brunswick; personal service shop means a building or part thereof in which services are provided and administered to the individual and personal needs of persons, and without limiting the generality of the foregoing, includes barber shop, hairdressing establishments, workrooms for shoe repair and shoe shining shops, and photographic studios; petting zoo a collection of farm animals, such as goats, alpacas, ducks, and sheep for children to feed and pet. pit means a disturbance of the ground or an excavation for the purposes of removing a quarriable substance without the use of explosives, and does not include a portable asphalt plant, portable asphalt plant means a facility with equipment designed to mix aggregate with liquid asphalt to produce asphalt-paving material and includes stockpiling and storage of bulk materials used in the process, which is not of permanent construction but which is to be dismantled at the completion of the construction project; quarry means a disturbance of the ground or an excavation for the purpose of removing quarriable substance with the use of explosives, but does not include a portable asphalt plant; quarriable substance means ordinary stone, building or construction stone, sand, gravel, clay and soil; recreational trailer means any trailer, camper trailer, camping truck, motor home and/or other similar shelters for the purpose of providing seasonal accommodation;

58 13.51 Definitions "service station" means a building or space where gasoline, oil, grease, anti-freeze, tires and accessories for motor vehicles are stored or kept for sale and where minor repairs of motor vehicles are performed; "sign" means any display of advertisement, placard, boarding, bill board or other form or means or device whatsoever of public notice or announcement, whether erected, pasted or painted, and any such form or means or device intended, suitable or adaptable for such purpose whether or not it is at the time used for such purpose; solar collector, attached means any solar collector system that is mounted onto an existing building or structure; solar collector, free-standing means any solar collector system that is ground installed; solar collector system means any solar energy system that is building mounted, or any ground installed facilities that cover less than 2 hectares of land and is for personnel use. "storey" means (i) that portion of a building between the surface of any floor and surface of the floor next above it or, if there is no floor above it, then the space between such floor and the ceiling next above it, or (ii) a basement or cellar, if the average vertical distance from grade to the ceiling thereof is over 1.5 metres (5 feet) or such basement or cellar is used for business purposes or for dwelling purposes by other than a janitor (whether including his family or not); "street line" means the common line between a street and a lot;

59 13.52 Definitions "structure" means an erection other than a building or a power or telephone pole or lines; turbine, small scale means a wind turbine that is owned and operated for the owner s use and having a capacity of less than 10 kw; turbine, wind means a structure that produces power by capturing the kinetic energy in winds and converting it into energy in the form of electricity and includes the wind turbine tower, rotor blades, and nacelle; "use" means the purpose for which land or a building or structure, or any combination thereof, is designated, arranged, erected, intended, occupied, or maintained; use, accessory" means a use, other than human habitation, of land or a building or structure which is naturally or customarily incidental and complementary to the main use of the land, building or structure, which is located on the same lot as the main use and which is not a secondary use; "use, secondary" means a use, other than a main use permitted in a dwelling; veterinary clinic means an establishment used by veterinarians, or practitioners in related specialties, for the purpose of practicing veterinary medicine and where animals are admitted for examination or treatment, and less than twenty animals are lodged or kept overnight, and where limited laboratory and other diagnostic services may be offered on an outpatient basis;

60 13.53 Definitions wayside pit means a temporary pit or quarry developed for use by the New Brunswick Department of Transportation, directly or under contract, solely opened and used by or for a public authority solely for the purpose of Provincial road or highway construction and not located in the road right-ofway; "width" means, in relation to a lot, (i) where the side lot lines are parallel, the distance measured across the lot at right angles to such lines, or (ii) where the side lot lines are not parallel, the distance measured across the lot along a line parallel to a line joining the points at which the side lot lines intersect the street line, such parallel line being drawn through the point at which the line of minimum set-back intersects a line from the mid-point of and perpendicular to the line to which it is parallel; "yard" means, in relation to any building, structure or use on a lot, that part of the lot between such building, structure or use and a lot line; "yard, front" means, in relation to a main building, structure or use on a lot, that part of the lot between such building, structure or use and the street line at the front of the lot; "yard, rear" means in relation to any building, structure or use on a lot, that part of the lot between such building, structure or use and the rear lot line; and "yard, side" means, in relation to any building, structure or use on a lot, that part of the lot between such building, structure or use and a side lot line.

61 R-1 Zone 15.0 GENERAL PROVISIONS 15.1 Residential Development Near a Lagoon or Treatment Plant (1) No dwelling may be located within 150 metres (500 feet) of a sewage lagoon or treatment plant Dwellings per Lot (1) No more than one building containing one or more dwelling units shall be erected on any lot, except (a) a garden suite where permitted; and (b) a residence for farm help as a second residence accessory to an agricultural use Building and Structure Projections (1) The requirements of this By-law with respect to placing, erecting or altering a building or structure in relation to a lot line or street line apply to all parts of the building or structure except for projections which do not protrude into required yards in excess of, (a) 15 centimetres (6 inches), for sills, leaders, belt courses or similar ornamental features; (b) 45 centimetres (18 inches), for chimneys, smoke stacks or flues; (c) 60 centimetres (24 inches), for cornices or eaves; (d) 100 centimetres (40 inches), for window or door awnings, or open or lattice-enclosed fire balconies or fire escapes; or (e) subject to subsection (2), (i) 1.25 metres (4 feet), for steps or unenclosed porches, or

62 R-1 Zone (ii) 1.8 metres (6 feet), for balconies of upper storeys of multiple dwellings which are not enclosed above a normal height. (2) Projections mentioned in clause (e) of subsection (1) may not extend into a required side yard to a greater extent than one-half the required width of the yard Vehicular Off-Street Parking (1) Subject to this section, no building or structure may be placed, erected, altered or used unless vehicular off-street parking spaces are provided in accordance with the requirements of this section. (2) The number of spaces to be provided for off-street vehicular parking shall be in accordance with Table 15.1 below: Table 15.1 Off-Street Parking Requirements USE SPACES REQUIRED (a) for a dwelling one space for each dwelling unit, plus one additional space for every four dwelling units (b) (c) for a residential building, other than a hotel/motel or apartment building for a business or professional office, medical or dental clinic one space for every habitable unit one space for every 36 square metres (388 square feet) of gross floor area (d) for a retail store one space for every 18 square metres (194 square feet) of floor area used for selling (e) for a service or repair shop one space for every 27 square metres (290 square feet) of floor area used for providing services (f) for a shopping centre 1 per 17 square metres (183 square feet) of gross leasable space (g) for a hotel one space per sleeping unit plus restaurant and conference facility (h) for a motel one space per sleeping unit plus restaurant and conference facility (i) for an eating or drinking establishment one space per 5 seats (j) for an undertaking establishment

63 R-1 Zone (k) USE for warehouse, storage yard or transportation yard SPACES REQUIRED 10 spaces plus 1 per 19 square metres (205 square feet) of floor area one space for every 36 square metres (388 square feet) of storage space (l) for a factory or industrial use one space for every 36 square metres (388 square feet) of floor space used for industry except storage (m) for a public or private school one space per teacher plus required spaces for any auditorium as per (p) below (n) (o) (p) (q) for a church, club, lodge or place of public assembly for a theater, billiard or pool room, public hall, dance hall or bowling alley for spectator entertainment, auditoriums, libraries, clubs, sports establishments, indoor and outdoor recreation facilities for tennis, squash or racquet ball courts one space for every 8 persons normal attendance one space per 5 seats one space per 10 seats or 1 space per 19 square metres (205 square feet), whichever is greater two spaces/court plus provision for other uses on or in the facility (r) for bed and breakfast operations one space per sleeping unit, plus one for the occupant. (s) for commercial day-care One space per 30 square metres of floor area (t) for other uses one space for every 28 square metres (301 square feet) of gross floor area (u) for disabled parking 1 space for every 25 regular parking spaces in the lot (3) A parking space shall be (a) (b) (c) (d) an area of not less than 6 metres (20 feet) in length and not less than 3 metres (10 feet) in width; readily accessible from the nearest street; and not more than 150 metres (500 feet) from the building which it serves. be designed as such by a sign or other marking (4) Provided the area is not less than the minimum area required for all buildings which the spaces are to serve, collective provision for off-street parking spaces may be made for two or more buildings on the same lot.

64 R-1 Zone (5) Where collective provisions for off-street parking is made under subsection (4), the parking area shall (a) be screened from public view, if practicable; (b) be surfaced with a durable and dustproof materials; (c) have points of ingress and egress located, in the opinion of the Planning Commission, with due regard to topography and general traffic conditions; and (d) not be used for automotive repair work or servicing except in the case of an emergency. (6) Notwithstanding this section, the Council may, in its discretion, allow a developer of a building or structure to pay to the municipality the sum of $1,000 per space in lieu of providing the off-street parking required hereunder Vehicular Off-Street Loading and Unloading (1) The owner of every building, structure or premises used in whole or in part for business or commercial purposes involving the use of vehicles for the receipt or distribution of materials or merchandise shall provide and maintain on lands appurtenant to such buildings, structure or premises, off-street spaces for such vehicles to stand and for loading and unloading the same, in accordance with the following requirements; (a) for retail and wholesale stores, bulk storage plants, warehousing or similar uses, (i) not less than one space if the gross floor area thereof is 465 square metres (5,000 square feet) or less, (ii) not less than two spaces if the gross floor area thereof is in excess of 465 square metres (5,000 square feet) but less than 2,323 square metres (25,000 square feet), and

65 R-1 Zone (b) (iii) an additional space for each 2,323 square metres (25,000 square feet), or fraction thereof, of gross floor area thereof in excess of the first 2,323 square metres (25,000 square feet); and for business or office buildings, places of public assembly, schools, hotels or other similar buildings or premises, (i) not less than one space, (ii) an additional space for each 3,252 square metres (35,000 square feet), or fraction thereof, of gross floor area in excess of 2,787 square metres (30,000 square feet). (2) A loading and unloading space mentioned in subsection (1) shall (a) (b) (c) (d) be not less than 9 metres (30 feet) in length and not less than 3 metres (10 feet) in width, with 4.4 metres (14 ½ feet) overhead clearance; be so located that merchandise or materials are loaded or unloaded on the premises being served; be provided with adequate facilities for ingress and egress and unobstructed maneuvering aisles; and be surfaced with a durable and dustproof material Home Occupations (1) Where permitted, a home occupation may be conducted in a residential dwelling or accessory building subject to the following provisions: (a) the home occupation is clearly secondary to the main residential use; (b) unless the home-occupation is conducted completely within the residential dwelling, the lot is to be not less than 0.4 hectares (1 acre) in size; (c) there shall be no change to the outside appearance of the dwelling or premises or any visible evidence of conduct of a home-occupation, except a sign in accordance with section 15.9 (2).

66 R-1 Zone (d) with the exception of a day care home, the floor area used for all home occupations conducted in the dwelling unit shall not in total exceed the greater of: (i) 20% of the floor area of a dwelling unit; or (ii) 28 square metres (300 square feet); (e) (f) (g) (h) (i) the floor area of the home occupation conducted on the lot in all accessory buildings or structures does not exceed 80 square metres (860 square feet); no goods or services other than those directly pertaining to the home occupation are supplied or sold therein or therefrom; no equipment or material used therein is stored other than in dwelling unit or accessory building; the use shall not generate significant additional vehicular traffic beyond that normal to the neighbourhood in which it is located; and sufficient off-street parking spaces shall be available for clients or customers visiting the premises Home or Farm Industry (1) Where permitted, a Home or Farm Industry may be conducted subject to the following provisions: (a) the minimum size of lot used for a home or farm industry shall be 1.2 hectares (3 acres); (b) the scale of the Home of Farm Industry shall not exceed the capabilities of the family residing on the premises plus 5 people to operate it; (c) there shall be no external display of advertising other than a sign not more than 1 square metre in area, notwithstanding the provisions of section 15.9 (5)

67 R-1 Zone (d) (e) (f) (g) the Home or Farm Industry shall be clearly accessory to the main use and not change the residential or agricultural character of the premises; no accessory building used for a home or farm industry shall be located in the front yard; the minimum side and rear yards for any accessory building used for the home or farm industry shall be 15 metres (50 feet); no goods, wares or merchandise shall be offered or exposed to sale or rent on the premises unless such goods, wares and merchandise are either, (i) incidental to the Home or Farm Industry, (ii) arts and crafts produced on the premises, (iii) field crops, vegetable, fruits or horticultural crops produced on the lot, or (iv) sample articles not for direct purchase, but this shall not be construed to mean a model home or other building Stripping of Top Soil (1) Subject to this section, no person may strip, excavate or otherwise remove topsoil for sale or for use from a lot or other parcel of land. (2) Where, in connection with the construction of a building or structure, there is an excess of topsoil other than that required for grading and landscaping on the lot, such excess may be removed for sale or for use Signs (1) Other than a traffic control device as defined by the Motor Vehicle Act, a legal notice or a store window sign advertising goods for sale therein, the use of land or a building or structure for the placing, erecting or displaying of a sign

68 R-1 Zone not expressly permitted by this section is permitted only on compliance with such terms and conditions as may be imposed by the Planning Commission. (2) Subject to subsection (3), in any zone, a non-illuminated sign may be placed, erected or displayed on any land, building or structure if such sign (a) (b) (c) (d) advertises the sale, rental or lease of such land, building or structure; identifies by name the property or the residents thereof; indicates a home occupation permitted hereunder; or warns against trespass. (3) Unless otherwise provided by this section, a sign mentioned in subsection (2) shall not exceed (a) (b) in number, one for each purpose mentioned therein; or in size, (i) (ii) 1.2 square metres (13 square feet), for a sign mentioned in clause (a) thereof, or 0.37 square metres (4 square feet), for a sign mentioned in clause (b), (c) or (d) thereof. (4) In a C or I zone, the following signs may be placed, erected or displayed: (a) (b) a sign placed flat against the front of a building indicating the ownership or nature of the business carried on therein, provided the gross surface area of such sign does not exceed (i) (ii) the product of the lineal frontage of the lot on which the building is located, multiplied by two, in the case of a non-illuminated sign, or one-half the size permitted under subclause (i), in the case of an illuminated sign; or a free-standing sign not exceeding 3 square metres (32 square feet) in gross surface area, in the case of a service station. (5) In the Rural (RU) and Rural Commercial (RC) zones the following signs may be placed, erected or displayed; (a) one sign not exceeding 3 square metres (32 square feet) in gross surface area indicating the name of a farm or the business; and

69 R-1 Zone (b) one sign not exceeding 1.2 square metes (13 square feet) in gross surface area indicating the sale or rental of the property on which it is placed. (6) No sign may (a) (b) (c) be an imitation of a traffic control device or contain the words "stop", "go", "go slow", "caution", "danger", "warning", or similar words; have a size, location, movement, content, colouring or manner of illumination which may be confused with, construed as, or tend to hide from view any traffic control device; or advertise an activity, business, product or service no longer conducted on the premises on which the sign is located Lighting Facilities and Illuminating Devices (1) No lighting facilities or illuminating device for any purpose may be arranged in such manner as to cause a nuisance Permits for New Pit and Quarry Operations (1) No person may establish a new pit or quarry operation unless an excavation development permit has been issued by the Development Officer pursuant to this section. (2) A person seeking to obtain an excavation development permit under this section shall make application in writing to the Development Officer in a form prescribed by that officer. (3) An application mentioned in subsection (2) shall (a) state the name and address of the applicant and the location of the proposed excavation;

70 R-1 Zone (b) be accompanied by a contoured plan drawn to a scale not less than 1 (c) (d) (e) to 1000 indicating the boundaries of the land involved in the proposal and the boundaries of that part proposed to be excavated; indicate the proposed base or lowest level of the proposed excavation; set out the means to be employed by the person named in the proposed permit to maintain accesses to the excavation, and public streets over which excavated sand or gravel is transported, in a dustfree condition as by paving, sweeping, or watering; include a proposal for rehabilitation of the site of the excavation (4) Subject to subsections (7), where (a) an application under subsection (2) has been received; (b) the proposed excavation and the proposal for rehabilitation of the site meet the requirements thereof; and (c) the fee set out in subsection (5) has been paid; the Development Officer shall issue the excavation development permit requested. (5) A onetime permit fee of $ (6) An excavation permit shall; (a) be in a form prescribed by the Development Officer; (b) set out information pursuant to subsection (3) contained in the application therefore; and (c) be signed by the Development Officer. (7) No permit may be issued under this section if; (a) the proposed work would be apt to (i) create a hazard to human life, (ii) cause injury to a person, (iii) damage adjoining property, or

71 R-1 Zone (b) (v) adversely affect a public water main or sewer, or a water course or street; 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 Operating and Rehabilitation Standards for New Pit Operations (1) A new pit operation shall be subject to: (a) (b) (c) (d) (e) (f) (g) No excavation shall take place below the level of the water table. Have gates at all entrances and exits to their operating sites and these shall be closed and locked when the site(s) is not operating. Accesses to the excavation and public streets over which excavated material is transported are maintained by the owner of the property in a dust-free condition; The excavation, and any work related thereto, will be carried on only between the hours of 7:00 a.m. and 8:00 p.m. and only on days other than Sundays and holidays as defined by the Interpretation Act; No building or structure or storage will be within 15 metres (50 feet) of an abutting property line; A barricade such as a fence or berm shall be put in place around a pit perimeter that has: (i) (ii) a vertical face slope steeper than 60 degrees from horizontal and in excess of 3 m in height; and more than 60 cm of standing water. The final perimeter of all sites of an excavation use shall not be located within: (i) (ii) (iii) (iv) 30 metres (100 feet) of a public road, street, highway, easement or right-of-way, 150 metres (490 feet) of the foundation of any existing building, 150 metres (490 feet) of an existing private water supply well, 50 metres (165 feet) of an abutting property boundary.

72 R-1 Zone (h) (i) (j) (k) (l) All sites of an excavation use shall have adequate signage posted around the perimeter and visible from any access, warning people of any dangerous situations with the operation. The site of an excavation use shall not serve as a storage place for a dump of toxic materials, scrap iron, domestic wastes, construction residue of any other material likely to be harmful to the environment. The actively-worked area of the site, not including stockpiles of aggregate, stationary equipment and processing equipment such as crushing equipment, at any one time to no more than 3 hectares, while all other areas are maintained as either undisturbed or rehabilitated. An undisturbed buffer strip shall be maintained at least 15 metres wide between the final perimeter of a pit and a public highway, or a nonresidential property An undisturbed buffer strip shall be maintained at least 50 metres wide between the final perimeter of a pit and any residential boundary Accessory Apartments (1) Where permitted and unless stated otherwise in this Rural Plan, accessory dwelling units shall (a) not result in more than two dwelling units contained in any converted single detached dwelling, subject to the lot area being not less than 545 square metres (5,866 square feet); (b) be secondary to the main dwelling unit, and not exceed 60 square metres (645 square feet) in size; (c) be completely self-contained and conform to the standards of the National Building Code; (a) require one (1) parking space, in addition to the normal requirement of the zone Access to a Public Street

73 R-1 Zone (1) No person shall erect or use a building or structure or use any lot of land regulated by this by-law, unless the lot of land to be used or the lot of land upon which the building or structure is situated or to be situated abuts or fronts on a public street or such other access as deemed to be satisfactory by the Planning Commission in consultation with Council Line of Vision at Intersection (1) Notwithstanding the provisions of this by-law, on a corner lot within the triangular space formed by the street lot lines for a distance of 6 metres (20 feet) back from their point of intersection, no building or structure shall be erected. Furthermore, no shrubs or foliage shall be planted or maintained within the triangle so formed that would obstruct the view of a driver of a vehicle approaching the intersection Height Exceptions (1) The height restrictions of this by-law shall not apply to church towers, chimneys, silos, water storage tanks, or to structures housing mechanical equipment Enclosures for Swimming Pools (1) No land shall be used for the purpose of a swimming pool unless the pool is enclosed by a fence or by a wall of a building or structure, or by a combination of walls and fences, at least 1.6 metres (5.2 feet) in height and meeting the requirements of this section. (2) Where a portion of a wall of a building forms part of an enclosure mentioned in subsection (1):

74 R-1 Zone (a) (b) no main or service entrance to the building shall be located therein; and any door therein, other than a door to a dwelling or dwelling unit, shall be self closing and equipped with a self latching device at least 1.6 metres (5.2 feet) above the bottom of the door. (3) An enclosure mentioned in subsection (1) shall not have rails, bracing or other attachments on the outside thereof that would facilitate climbing. (4) A fence mentioned in subsection (1): (a) (b) (c) shall be made of chain link construction, with galvanized vinyl or other CSA approved coating, or of wood or of other materials, in the manner prescribed by subsection (5); shall not be electrified or incorporate barbed wire or other dangerous material; and shall be located at least (i) (ii) 1.25 metres (4 feet) from the edge of the swimming pool; and 1.25 metres (4 feet) from any condition that would facilitate its being climbed from the outside. (5) A fence under this section shall be designed and constructed (a) (b) in the case of a fence made of chain links, with (i) no greater than four (4) centimetre (1.5 inches) diamond mesh, (ii) steel wire not less than No. 12 gauge, or a minimum No. 14 (iii) gauge CSA approval coating forming a total thickness equivalent to No. 12 gauge wire, and at least four (4) centimetre (1.5 inches) diameter steel posts, set below frost in an envelope of cement and spaced not more than three (3) metres (10 feet) apart, with a top horizontal rail of at least four (4) centimetre (1.5 inches) diameter steel; in the case of a fence made of wood, with (i) vertical boarding, not less than two and one half centimetres by ten (10) centimetres (4 inches) nominal dimensions spaced not more than four (4) centimetres (1.5 inches) apart, attached to

75 R-1 Zone (c) (ii) supporting members and arranged in such manner as not to facilitate climbing on the outside, and supporting cedar posts at least ten (10) centimetres (4 inches) square or round with ten (10) centimetres (4 inches) diameter, set below frost and spaced not more than two and one half metres apart, with the portion below grade treated with a wood preservative, and with a top horizontal rail with dimensions of at least a width of five (5) centimetres (2 inches) and a height of fifteen (15) centimetres (6 inches); and in the case of a fence constructed with materials and in a manner other than described in this subsection, in a manner that will ensure rigidity equal to the design and construction prescribed by this subsection. (6) Gates forming part of an enclosure mentioned in subsection 1. (a) (c) (d) shall be equivalent to the fence in content, manner of construction and height; shall be supported on substantial hinges; and shall be self closing and equipped with a self latching device at least 1.6 metres (5.2 feet) above the bottom of the gate Development Adjacent to a Wetland or Watercourse (1) Notwithstanding compliance with provincial regulations and any provision of this by-law, no person shall erect a building or structure within 30 metres (100 feet) of the high water mark of a stream or watercourse or within 30 metres (100 feet) of a wetland Garden Suites (1) Where permitted, a garden suite shall (a) have a gross floor area less than 110 square metres (1184 square feet);

76 R-1 Zone (b) (c) (d) (e) (f) (g) (h) be accessory to the principle dwelling on the same lot; be no closer to the street line than the principle dwelling if located in an R-1 Zone; comply with all setback and yard requirements of this Regulation; have adequate and available water and sewer services in accordance with provincial regulations; be constructed, erected or placed in such a manner as to be easily removed from the lot; share a common access with the principle dwelling; and be removed from the property or converted to a use permitted in the zone in which it is located within six months of being vacated Minimum Lot Size and Separation Requirements (1) No livestock facility shall be located except in accordance with the following: Animal Units Minimum Lot Size Separation* Minimum Side Yard (a) Up to and 8,000 sq. metres (2 ac) 90 metres (300 ft.) 20 metres (66 ft.) including 3 (b) 4 to 6 12,000 sq. metres (3 ac) 90 metres (300 ft.) 20 metres (66 ft.) (c) 7 to 10 16,000 sq. metres (4 ac) 90 metres (300 ft.) 20 metres (66 ft.) (d) 11 to 19 20,000 sq. metres (5 ac) 300 metres (1000 ft.) 20 metres (66 ft.) (e) 20 or more 20,000 sq metres (5 ac) 300 metres (1000 ft.) 20 metres (66 ft.) or in accordance with Regulation under the Livestock Operations Act, whichever is greater * from an occupied dwelling other than residence located on the same lot as the agricultural operation or an R-1, R-2 or R-M Zone. This provision does not apply to the expansion of an existing livestock operation within the existing farm building cluster on a property of 20,000 sq. metres (5 acres) or more except where Regulation under the Livestock Operations Act applies. (2) No new residence, other than a residence located on the same lot as the agricultural operation, may be located within 90 metres (300 feet) of a

77 R-1 Zone livestock facility that can accommodate up to 10 animal units and that is located on a property of less than 20,000 sq metres. (3) No new residence, other than a residence located on the same lot as the agricultural operation, may be located within 300 metres (1000 feet) of a livestock facility that can accommodate 11 or more animal units and that is located on a property of 20,000 sq. metres (5 acres) or more. (4) In accordance with Section 15.2(1)(b), a second residence accessory to an agricultural operation on a property of 20,000 sq. metres (5 acres) or more or a garden suite where permitted, may be located within the existing farm building cluster if it is a mini-home on a temporary foundation. Where permitted in accordance with Section 15.2(1)(b), a second residence, on a permanent foundation, accessory to an agricultural operation may not be located closer than 300 metres (1000 feet) of the livestock facility Existing Buildings upon an Undersized Lot (1) Where a building has been erected on or before the effective date of this Plan, on a lot having less than the minimum frontage, area or depth, or having less than the minimum setback or side yard or rear yard required by this Plan, the building may be enlarged, reconstructed, repaired or renovated provided that: (a) (b) The enlargement, reconstruction, repair or renovation does not further reduce the front yard or side yard that does not conform to this Plan; and All other applicable provisions of this Plan are satisfied Steep Slopes (1) Buildings are prohibited on slopes greater than 30%.

78 R-1 Zone (2) Buildings are prohibited on slopes greater than 20% and less than or equal to 30%, unless demonstrated by a professional engineer or architect that the land can safely accommodate the proposed buildings, and approval, if necessary, is obtained from the appropriate government department for sewage disposal Infill Development (1) Notwithstanding the appropriate sections of this by-law, where a main building or structure is to be erected in any zone as an infill development, such building or structure may be erected closer to the street line than required by the applicable zone, provided that (a) (b) The average setback does not exceed that of at least three existing buildings on any one side of the lot to be infilled; and The nearest side of each existing building or structure immediately adjacent thereto will be within thirty metres of the nearest side of the building or structure to be placed, erected or altered Solar Collector Development (1) Solar collector systems are permitted as an accessory use (operation) in all zones subject to the following: (a) Solar collector systems are located on the same property as the main use;

79 R-1 Zone (b) (c) Freestanding solar collectors are setback, at a minimum, 1.5 times the total height of the solar collectors from the rear, front, and side lots lines, dwellings, transmission lines, and public right of-ways; Small scale solar collector meets all other terms and conditions that may be set by the Planning Commission Wind Turbine Development (1) A small scale wind turbine is permitted as accessory use in all zones subject to the following: (a) (b) (c) the small scale turbine is located on the same property as the main use; the small scale turbine is setback, at minimum, 1.5 times the total height of the wind turbine from the rear, front, and side lot lines, dwellings, transmission lines, and public right of- ways; the small scale turbine meets all other terms and conditions that may be set by the Planning Commission Vehicular Bodies (1) No truck, bus, semi-trailer, freight container, other vehicle body, or a structure of any similar nature, shall be used for human habitation in any zone. This provision does not apply to recreational trailers used for camping purposes.

80 R-1 Zone (2) No truck, bus, semi-trailer, freight container, other vehicle body, or a structure of any similar nature shall be used as an accessory building or structure Contravene of the Rural Plan If a development is undertaken in contravention of this Rural Plan an order as outlined in Section 93 of the Community Planning Act will be issued by the Regional Service Commission. Where a person fails to comply with this order an application may be made to the Court of Queen s Bench of New Brunswick or another applicable judicial systems in accordance with Section 94 of the Community Planning Act SINGLE- AND TWO-FAMILY AND UP TO FOUR-FAMILY RESIDENTIAL, TERRACE DWELLINGS (R-1 ZONE) 16.1 Permitted Uses (1) In an R-1 zone, any land, building or structure may be used for the purposes of, and for no other purpose than, (a) subject to this section, one of the following main uses:

81 R-1 Zone (i) a single or two-family dwelling, multiple unit dwelling (up to 4 (ii) units), or terrace dwelling (up to six units); a park or playground; (iii) a grocery store subject to Section 16.8; (iv) a bakery subject to Section 16.8; (v) personal service shop subject to Section 16.8, and (b) one of the following secondary uses; (i) an accessory apartment subject to Section (ii) a home occupation subject to Section 15.6; (iii) a garden suite, subject to Section 15.19; and (iv) a bed and breakfast operation, and (c) 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 subsection. (2) Notwithstanding subsection (1), where the requirements of Section 16.8 are satisfied, any land or building may be used for the purposes of both a singlefamily dwelling and a grocery store, bakery or personal service shop Lot Sizes and Servicing (1) No building or structure may be built, located or re-located, altered or replaced on a lot unless the lot meets the requirements listed in the Table 16.1 below. 5. TABLE LOT SIZE REQUIREMENTS Component 1-Family and 2-Family 3-Family 4-Family Plus

82 R-1 Zone Services Available Non- Residential Municipal Water and Sewer Minimum Width Minimum Depth 18 m (60 ft) 30 m (98 ft) 23 m (75 ft) 30 m (98 ft) 27 m (88 ft) 30 m (98 ft) 36 m 118 ft) plus 1 ½ m (5 ft) for each unit >4 30 m (98 ft) Minimum Area 540 m 2 (5,800 ft 2 ) 818 m 2 (8,805 ft 2 ) 1,090 m 2 (11,732 ft 2 ) 1,272 m 2 (13,692 ft 2 ) plus 68 m 2 (732 ft 2 ) for each unit >4 Municipal Sewer Only Minimum Width 23 m (75 ft) 27 m (88 ft) 32 m (105 ft) 36 m (118 ft) plus 1 ½ m (5 ft) for each unit >4 Minimum Depth 30 m (98 ft) 30 m (98 ft) 30 m (98 ft) 30 m (98 ft) Minimum Area 690 m 2 (7,427 ft 2 ) 1,072 m 2 (11,538 ft 2 ) 1,363 m 2 (14,671 ft 2 ) 1,545 m 2 (16,630 ft 2 ) plus 102 m 2 (1,098 ft 2 ) for each unit >4 No Municipal Sewer Minimum Width Minimum Depth 54 m (180 ft) 38 m (125 ft) 59 m (194 ft) 38 m (125 ft) 63 m (207 ft) 38 m (125 ft) 68 m (223 ft) 38 m (125 ft) Minimum Area 4,000 m 2 (43,560 ft 2 ) 5,350 m 2 (57,586 ft 2 ) see (3) below 6,700 m2 (72,117 ft 2 ) see (3 below) 8,050 m 2 (86,649 ft 2 ) see (3) below (2) A lot containing a terrace dwelling shall not be sub-divided along a party wall unless the newly created lots are serviced by a water system for public use. (3) A two-family or multiple dwelling shall not be placed, erected or altered, and no building or structure may be altered to be a two-family or multiple dwelling, on a lot that is not serviced by the municipal sewer system Size of Dwellings and Dwelling Units (1) No multiple dwelling or terrace dwelling may be placed, erected or altered so that it contains a dwelling unit with a floor area less than 65 square metres (700 square feet). (2) For the purposes of this section, ground floor area or floor area does not include garages, carports, porches, verandas, breezeways, approach halls or, except for those completely contained in a dwelling unit, stairways Yards for a Main Building or Structure

83 R-1 Zone (1) Subject to section 15.3, no main building or structure may be placed, erected or altered so that it is (a) within 7.5 metres (25 feet) of a street line; (b) within 3 metres (10 feet) of a side lot line; or (c) within 7.5 metres (25 feet) of the rear lot line Height of a Main Building or Structure (1) Subject to subsection (2), no main building or structure may exceed 9 metres (30 feet) in height. (2) A church shall not exceed in height (a) for the main portion, 15 metres (50 feet); and (b) for spires, belfries or other subsidiary features, a distance equal to twice the height of the main portion Accessory Buildings and Structures (1) No accessory building or structure may (a) exceed 7.5 metres (25 feet) in height; (b) (c) be placed, erected or altered so that it is within (i) the front yard of the main building or structure, (ii) 1.5 metres (5 feet) of an alley, (iii) 0.9 metres (3 feet) of a side or rear lot line; (iv) 2.4 metres (8 feet) of the main building, or exceed 84 square metres (904 square feet) in area or have a horizontal dimension greater than 10 metres (33 feet) Landscaping

84 R-1 Zone (1) Subject to this section, the owner of a lot developed for residential purposes shall landscape (a) (b) the front yard of the main building; and that part of the lot within 1.5 m (5 feet) of any building thereon. (2) The content of landscaping required under subsection (1) (a) (b) is a minimum of lawn and ornamental shrubs; and may include paths, patios, walkways and trees. (3) Notwithstanding subsection (1), the front yard mentioned therein may be used to a reasonable degree for the purposes of walks and driveways for access to the main building or other use on the lot Grocery Store, Bakery and Personal Service Shop Standards (1) No building may be used for the purpose of a grocery store unless (a) it is at least 762 metres (2,500 feet) away from any Central Commercial zone, any existing grocery store or any existing store of which at least half its sales are groceries; (2) No building may be used for the purpose of a grocery store, bakery or personal service shop unless (a) the floor area thereof devoted to such use is between 28 and 56 square metres (300 and 600 square feet); and (b) where a dwelling unit is also contained therein, the two uses are separate with separate entrances. A Keeping of Livestock (1) Other than existing agricultural operations, no keeping of livestock will be permitted in the R-1 zone R-1.2 Zone

85 R-1 Zone 1. (1) Notwithstanding the provisions of Sections 16.1 and 16.9 to the contrary, the lands zoned In the R-1.2 as shown on Schedule A may only be used for the purpose of a single family dwelling and for the keeping of horses subject to the following conditions, (a) that a maximum of three horses may be housed and kept in the accessory building, (b) that all manure be stored in a leak-proof building located at least 30 metres (100 feet) from any watercourse and from wells and parallel to the back edge of the accessory building, (c) that the manure storage facility be located away from water sources and natural drainage ways and that any surface water be diverted way from the storage facility, (d) that the subject property or the perimeter of the field for the horses be fenced, (e) that the horses shall not have direct access to the Almshouse Brook, (f) that the owner of the property shall follow and meet all provincial government requirements and provide a copy of said permits or approvals to the Council of the Village of Norton, and (g) that if the building or structure is developed or used contrary to the provisions above, that Council may undertake a review of the Rural Plan in accordance with section 72 of the Community Planning Act and initiate the rezoning of the property to an R-1 zone. (2) All other provisions of Section 16 that do not conflict with section 16.10(1) shall apply.

86 R-2 Zone 17.0 MULTIPLE-FAMILY RESIDENTIAL (R-2 ZONE) 17.1 Permitted Uses (1) In a R-2 zone, any land, building or structure may be used for the purpose of, and for no other purpose than, (a) the following main use: (i) a multiple-family dwelling; and (b) any accessory building, structure or use to an authorized main use Lot Sizes (1) No building or structure may be built, located or re-located, altered or replaced on a lot unless the lot meets the requirements list in Table 17.1 below. TABLE LOT SIZE REQUIREMENTS Services Available Component 3-Family 4-Family Plus Municipal Water and Sewer Minimum Width Minimum Depth Minimum Area 27 m (88 ft) 30 m (98 ft) 36 m 118 ft) plus 1 ½ m (5 ft) for each unit >4 30 m (98 ft) 1,090 m 2 (11,732 ft 2 ) 1,272 m 2 (13,692 ft 2 ) plus 68 m 2 (732 ft 2 ) for each unit >4 Municipal Sewer Only Minimum Width Minimum Depth 32 m (105 ft) 36 m (118 ft) plus 1 ½ m (5 ft) for each unit >4 Minimum Area 30 m (98 ft) 30 m (98 ft) 1,363 m 2 (14,671 ft 2 ) 1,545 m 2 (16,630 ft 2 ) plus 102 m 2 (1,098 ft 2 ) for each unit >4 Minimum Width

87 R-2 Zone No Municipal Sewer Minimum Depth Minimum Area 63 m (207 ft) 38 m (125 ft) 6,700 m2 (72,117 ft 2 ) see (2 below) 68 m (223 ft) 38 m (125 ft) 8,050 m 2 (86,649 ft 2 ) see (2) below (2) A two-family or multiple dwelling shall not be placed, erected or altered, and no building or structure may be altered to be a multiple dwelling, on a lot that is not serviced by the municipal sewer system Size of Dwellings (1) No terrace dwelling may be placed, erected or altered so that it contains a dwelling unit with a floor area less than 65 square metres (700 square feet). (2) No multiple dwelling may be placed, erected or altered so that it contains a dwelling unit with a floor area less than (a) 32 square metes (344 square feet), in the case of a bachelor apartment containing a combination living room and bedroom with no separate bedroom; (b) 45 square metres (484 square feet), in the case of a one-bedroom dwelling unit; (c) 55 square metres (592 square feet), in the case of a two-bedroom dwelling unit; or (d) 64 square metres (689 square feet), in the case of a dwelling unit containing three or more bedrooms. (3) Floor area does not include garages, carports, porches, verandas, breezeways, approach halls or, except for those completely contained in a dwelling unit, stairways. (4) A dwelling unit in a terrace dwelling shall not be less than 6 metres (20 ft) in width.

88 R-2 Zone 17.4 Yards for a Main Building or Structure (1) Subject to Section 15.3, no main building or structure may be placed, erected or altered so that it is (a) (b) (c) closer to the street line than, (i) 11 metres (36 feet), in the case of an arterial or collector street, or (ii) 7.5 metres (25 feet) in all other cases. within 6 metres (20 feet) of any sideline; and within 9 metres (30 feet) of the rear lot line Height of a Main Building or Structure (1) No main building or structure may exceed 11 metres (36 feet) in height Accessory Buildings or Structures (1) No accessory building or structure may (a) exceed 7.5 metres (25 feet) in height; (b) be placed, erected or altered so that it is within (i) the front yard of the main building or structure, (ii) 1.5 metres (5 feet) of an alley, (iii) 0.9 metres (3 feet) of a side or rear lot line; or (iv) 2.4 metres (8 feet) of the main building, or (c) exceed 84 square metres (904 square feet) in area or have a horizontal dimension greater than 10 metres (33 feet).

89 R-2 Zone 17.7 Landscaping (1) Subject to this section, the owner of a lot developed for residential purposes shall landscape (a) the front yard of the main building; and (b) that part of the lot within 1.5 m (5 feet) of any building thereon. (2) The content of landscaping required under subsection (1) (a) is a minimum of lawn and ornamental shrubs; and (b) may include paths, patios, walkways and trees. (3) Notwithstanding subsection (1), the front yard mentioned therein may be used to a reasonable degree for the purposes of walks and driveways for access to the main building or other use on the lot Keeping of Livestock (1) No keeping of livestock will be permitted in the R-2 zone.

90 R-M Zone 18.0 RESIDENTIAL/MINI-HOME ZONE (R-M ZONE) 18.1 Permitted Uses (1) In an R-M zone, any land, building or structure may be used for the purpose of, and for no other purpose than: (a) an individual mini-home site in accordance with Section 18.2; (b) a mini-home park in accordance with NB Regulation under the Community Planning Act (Mobile Home Parks and Sites Regulation) and subject to Section 15.20(2); (c) a home occupation, subject to the provisions of Section 15.6; (d) an accessory building, subject to the provisions of Section Development Standards for Individual Mini-home Sites B. (1) An individual mini-home site shall be developed in accordance with the requirements listed in Table 18.1 below: 1. TABLE 18.1 LOT SIZE REQUIREMENTS Services Available Component Requirement Municipal Water and Sewer Municipal Sewer Only No Municipal Sewer Minimum Width Minimum Depth Minimum Area Minimum Width Minimum Depth Minimum Area Minimum Width Minimum Depth Minimum Area 18 m (60 feet) 30 m (100 feet) 540 m 2 (5,800 ft 2 ) 23 m (75 ft) 30 m (100 ft) 690 m 2 (7,427 ft 2 ) 54 m (180 ft) 38 m (125 ft) 4,000 m 2 (43,560 ft 2 )

91 R-M Zone (2) Subject to section 15.3, a mini-home on an individual mini-home site may be placed, erected or altered so that it is (a) (b) (c) within 7.5 metres (25 feet) of a street line; within 3 metres (10 feet) of a side lot line; or within 7.5 metres (25 feet) of the rear lot line. (3) The total floor area of main and accessory buildings and structures on an individual mini-home site shall not occupy more than 30 per cent of the area of the lot. (4) The owner of an individual mini-home site shall landscape with lawn and ornamental shrubs, (a) (b) the front yard of the main building; and that part of the lot within 1.5 m (5 feet) of any building thereon Accessory Buildings and Structures (1) No accessory building or structure may (a) exceed one storey or 7.5 metres (25 feet)in height; (b) be placed, erected or altered so that it is within (i) the front yard of the main building or structure, (ii) 1.5 metres (5 feet) of an alley, (iii) 0.9 metres (3 feet) of a side or rear lot line; (iv) 2.4 metres (8 feet) of the main building, or (c) exceed 84 square metres (904 square feet) in area or have a horizontal dimension greater than 10 metres (33 feet) Keeping of Livestock (1) No keeping of livestock will be permitted in the R-M Zone.

92 19.1 Central Commercial Zone 19.0 CENTRAL COMMERCIAL (CC ZONE) 19.1 Permitted Uses (1) In a CC zone, any land, building or structure may be used for the purposes of, and for no other purpose than, (a) one or more of the following main uses: (i) an automobile salesroom or sales lot, (ii) a bank or other financial institution, (iii) a hotel or motel, (iv) an institutional use, (v) a multiple dwelling, (vi) a museum or library, (vii) an office or office building, (viii) a park or playground, (ix) a restaurant, (x) a retail store or service shop, (xi) a service station or public garage, (xii) a club or commercial recreation establishment, (xiii) a special care home, (xiv) commercial daycare, and (xv) a nursing home. (b) one or more of the following secondary uses: (i) a dwelling in the second storey or higher, (ii) a rooming or boarding house, or (iii) indoor storage of articles for sale in connection with a use permitted by this section;

93 19.2 Central Commercial Zone (c) any accessory building, structure or use incidental to the main or secondary use of the land, building or structure if such main or secondary use is permitted by this subsection. (2) The following main or secondary uses of land or buildings are permitted only on compliance with such terms and conditions as may be imposed by the Planning Commission in consultation with Council: (a) bus or other public transportation terminal: (b) a laundry, bakery, dairy, printing establishment; (c) a place of amusement or entertainment; or (d) a building, structure or use customarily incidental and accessory to a use mentioned in this subsection. (3) Except for gasoline pumps at a service station or public garage, or for a parking lot or automobile sales lot, no use permitted under this section may be established or conducted other than in a completely enclosed building Lot Sizes (1) No building or structure may be placed, erected or altered on a lot which is serviced by a public sewer system unless the lot has and contains (a) a width of at least 23 metres (75 feet); (b) a depth of at least 30 metres (100 feet); and (c) an area of at least 690 square metres (7,427 square feet); (2) if the lot is not serviced by public sewer it shall have a width of at least 54 metres (180 feet), depth of at least 38 metres and an area of 0.4 hectares (one acre).

94 19.3 Central Commercial Zone 19.3 Size of Dwelling Units (1) No dwelling unit may be placed, erected or altered so that it contains a floor area less than 65 square metres (700 square feet) Yards for a Main Building or Structure (1) Subject to section 15.4, no main building or structure may be placed, erected or altered so that it is (a) within 7.5 metres (25 feet) of a street line; (b) within 1.5 metres (5 feet) of a side lot line; or (c) within 3 metres (10 feet) of the rear lot line Height of a Main Building or Structure (1) No main building or structure may exceed 10.5 metres (35 feet) in height Accessory Buildings and Structures (1) No accessory building or structure may (a) exceed 7.5 metres (25 feet) in height; (b) be placed, erected or altered so that it is (i) closer to the street at the front of the lot than the rear of the main building or structure, or (ii) within 1.5 metres (5 feet) of a side lot or rear lot line; or (iii) within 2.4 metres (8 feet) of the main building.

95 19.4 Central Commercial Zone 19.7 Landscaping (1) Subject to this section, the owner of a lot developed for residential purposes shall landscape (a) the front yard of the main building; and (b) that part of the lot within 1.5 m (5 feet) of any building thereon. (2) The content of landscaping required under subsection (1) (a) is a minimum of lawn and ornamental shrubs; and (b) may include paths, patios, walkways and trees. (3) Notwithstanding subsection (1), the front yard mentioned therein may be used to a reasonable degree for the purposes of walks and driveways for access to the main building or other use on the lot. (4) No main building or structure may be placed or erected unless the yard adjoining an R-1, R-2 or RM zone is equal to twice the height of the main building or structure. The yard must also incorporate a landscaped buffer area of trees, shrubs, hedges or a fence to the satisfaction of the Planning Commission in consultation with Council Keeping of Livestock (1) No keeping of livestock will be permitted in the CC zone CC.1 Zone (1) Notwithstanding the provisions of section19.1, the lands zoned CC.1 as shown on Schedule A may also be used for the operation of a dining room lounge subject to the following conditions, a) that no adult entertainment will be permitted,

96 19.5 Central Commercial Zone b) that the dining room lounge is permitted under requirements of the Liquor Control Act of New Brunswick Chapter L-10 and other applicable acts and regulations, and c) that if the building or structure is developed or used contrary to the provisions above, that Council may undertake a review of the Rural Plan in accordance with section 72 of the Community Planning Act and initiate the rezoning of the property to a CC zone. (2) All other provisions of section 19 that do not conflict with section 19.9 shall apply CC.2 Zone (1) Notwithstanding the provisions of 19.1 the lands zoned CC.2 as shown on Schedule A may only be used for the purposes of a financial institution. If the lands cease to be used for a financial institution, Council may undertake a review of the Rural Plan in accordance with section 72 of the Community Planning Act and initiate a rezoning of the property to an R-1 Zone. (2) All other provisions of Section 19 shall apply CC.3 Zone (1) Notwithstanding the provisions of 19.1, the lands zoned CC.3 as shown on Schedule (A) may not be used for a service station or public garage. (2) All other provisions of Section 19.0 shall apply.

97 20.1 Highway Commercial Zone 20.0 HIGHWAY COMMERCIAL (HC ZONE) 20.1 Permitted Uses (1) In a HC zone, any land, building or structure may be used for the purposes of, and for no other purpose than, (a) one or more of the following main uses: (i) an automobile or farm equipment dealership, (ii) a hotel or motel, (iii) a restaurant or take-out, (iv) a custom service and repair shop, (v) a service station or public garage, (vi) a grocery, bakery or dairy product store, (vii) a laundry establishment or dry cleaning depot, (viii) a printing establishment, (ix) a warehouse or wholesaling establishment, or (x) a dwelling (b) a secondary use as a dwelling; and (c) any accessory building, structure or use to an authorized main or secondary use Lot Sizes (1) No building or structure may be placed, erected or altered on a lot which is serviced by a public sewer system unless the lot has and contains (a) a width of at least 23 metres (75 feet); (b) a depth of at least 30 metres (100 feet); and (c) an area of at least 690 square metres (7,427 square feet);

98 20.2 Highway Commercial Zone (2) if the lot is not serviced by public sewer it shall have a width of at least 54 metres (180 feet), depth of at least 38 metres and an area of 0.4 hectares (one acre) Yards for a Main Building or Structure (1) Subject to section 15.3, no main building or structure may be placed, erected or altered so that it is (a) within 7.5 metres (25 ft) of a street line; or (b) within 3 metres (10 ft) of a side or rear lot line Height of Main Building or Structure (1) No main building or structure may exceed 10.5 metres (35 feet) in height Accessory Buildings or Structures (1) Except for a gatekeeper-security office not exceeding 9 square metres (97 square feet) in size, no accessory building or structure shall (a) be placed, erected or altered so that it is (i) closer to the street than the front of the main building or structure; (ii) within a distance of a side or rear lot line less than the greater of 3 metres (10 feet) or one-half the height thereof; or (iii) within 2.4 metres (8 feet) of the main building.

99 20.3 Highway Commercial Zone 20.6 Landscaping (1) Subject to this section, the owner of a lot developed for residential purposes shall landscape (a) the front yard of the main building; and (b) that part of the lot within 1.5 m (5 feet) of any building thereon. (2) The content of landscaping required under subsection (1) (a) is a minimum of lawn and ornamental shrubs; and (b) may include paths, patios, walkways and trees. (3) Notwithstanding subsection (1), the front yard mentioned therein may be used to a reasonable degree for the purposes of walks and driveways for access to the main building or other use on the lot. (4) No main building or structure may be placed or erected unless the yard adjoining an R-1, R-2 or RM zone is equal to twice the height of the main building or structure. The yard must also incorporate a landscaped buffer area of trees, shrubs, hedges or a fence to the satisfaction of the Planning Commission in consultation with Council Keeping of Livestock (1) No keeping of livestock will be permitted in the HC zone.

100 21.1 Institutional Zone 21.0 INSTITUTIONAL (INST ZONE) 21.1 Permitted Uses (1) In an INST zone, any land, building or structure may be used for the purposes of, and for no other purpose than, (a) one or more of the following main uses: (i) a building intended for public assembly or for social, cultural or recreational activities, (ii) an educational building, (iii) a hospital or health building, (iv) a municipal or government building, (v) a park or playground, (vi) a religious or secular institution, or (vii) an institutional use (By-law ) or; (b) subject to subsection (2), 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 subsection. (2) A use permitted under clause (b) of subsection (1) is permitted only on compliance with such terms and conditions as may be imposed by the Planning Commission in consultation with Council Lot Sizes (1) No building or structure may be placed, erected or altered on a lot which is serviced by a public sewer system unless the lot has and contains (a) a width of at least 23 metres (75 feet); (b) a depth of at least 30 metres (100 feet); and (c) an area of at least 690 square metres (7,427 square feet);

101 21.2 Institutional Zone (2) if the lot is not serviced by public sewer it shall have a width of at least 54 metres (180 feet), a depth of at least 38 metres and an area of 0.4 hectares (one acre) Yards for a Building or Structure (1) No building or structure may be placed, erected or altered so that it is within 7.5 metres (25 feet) of a property line Height of a Main Building or Structure (1) Subject to subsection (2), no building may exceed 10.5 metres (35 feet) in height. (2) A religious institution building shall not exceed in height (a) for the main portion, 21 metres (50 feet); and (b) for spires, belfries or other subsidiary features, a distance equal to twice the height of the main portion Accessory Buildings and Structures (1) A building or structure for a use under subsection (2) of section 21.1, shall not be placed, erected or altered so that it, (a) encroaches on yards required for the main building or structure to which it is accessory; (b) is within 2.4 metres (8 feet) of the main building, or (c) exceeds in height the lesser of (i) two storeys or 9 metres (30 feet), or (ii) the height of the main building or structure to which it is accessory.

102 21.3 Institutional Zone 21.6 Landscaping (1) Subject to this section, the owner of a lot developed for residential purposes shall landscape (a) the front yard of the main building; and (b) that part of the lot within 1.5 m (5 feet) of any building thereon. (2) The content of landscaping required under subsection (1) (a) is a minimum of lawn and ornamental shrubs; and (b) may include paths, patios, walkways and trees. (3) Notwithstanding subsection (1), the front yard mentioned therein may be used to a reasonable degree for the purposes of walks and driveways for access to the main building or other use on the lot. (4) No main building or structure may be placed or erected unless the yard adjoining an R-1, R-2 or RM zone is equal to twice the height of the main building or structure. The yard must also incorporate a landscaped buffer area of trees, shrubs, hedges or a fence to the satisfaction of the Planning Commission in consultation with Council Keeping of Livestock (1) No keeping of livestock will be permitted in the INST zone INSTITUTIONAL (INST-1 ZONE) (1) Permitted Uses (a) Notwithstanding the provisions of section 21.1, the lands zoned INST- 1 may also be used for one or more of the following main uses: (i) a commercial daycare centre subject to the provisions of section ;

103 21.4 Institutional Zone (b) (ii) a library; (iii) a business complex; (iv) a farmer s market, and (v) a retail use, 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 subsection. (2) Day Care Uses (a) A commercial daycare centre shall be subject to the following requirements, (i) on site parking based on 1 space for 30 square metres of floor area; (ii) signs, displays or other external evidence indicating a daycare centre is being conducted on the property subject to the provisions of section 15.9; (iii) Comply with all other applicable regulations or requirements including the Family Services Act of New Brunswick. (3) Lot Sizes (a) No building or structure may be placed, erected or altered on a lot which is serviced by a public sewer system unless the lot has and contains (i) a width of at least 23 metres (75 feet); (ii) a depth of at least 30 metres (100 feet); and (iii) an area of at least 690 square metres (7,427 square feet); (b) If the lot is not serviced by public sewer, it shall have a width of at least 54 metres (180 feet) and an area of 0.4 hectares (one acre).

104 21.5 Institutional Zone (4) Yards for a Building or Structure (a) No building or structure may be placed, erected or altered so that it is within 7.5 metres (25 feet) of a property line. (5) Height of a Main Building or Structure (a) Subject to subsection (2), no building may exceed 10.5 metres (35 feet) in height. (b) A religious institution building shall not exceed in height (i) for the main portion, 21 metres (50 feet); and (ii) for spires, belfries or other subsidiary features, a distance equal to twice the height of the main portion. (6) Accessory Buildings and Structures (a) No accessory building or structure shall be placed, erected or altered so that it: (i) encroaches on yards required for the main building or structure to which it is accessory; (ii) within 2.4 metres of the main building, or (iii) exceeds in height the lesser of, (a) two stories or 9 metres (30 feet), or (b) the height of the main building or structure to which it is accessory. (7) Landscaping (a) The provisions of Section 21.6 with respect to landscaping herein apply. (8) All other provisions of Section 21 that do not conflict with Section 21.8 shall apply.

105 22.1 Industrial Zone 22.0 INDUSTRIAL ZONE (I ZONE) 22.1 Permitted Uses (1) In an I zone, any land, building or structure may be used for the purposes of, and for no other purpose than, (a) one or more of the following main uses: (i) any use concerned with manufacturing, storage, processing, transportation or related activities subject to the provisions of section 22.2.(1), (ii) a restaurant, (iii) a service industry, (iv) a service station or public garage, (v) a technical public service or utility or a civic or governmental building or installation, or (vi) a warehouse or wholesaling establishment, and (b) the following secondary use (i) a dwelling unit for a caretaker; and (c) 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 Water Servicing (1) Until such time as municipal water is available, only uses which do not require water as part of the manufacturing or processing activity will be permitted.

106 22.2 Industrial Zone 22.3 Lot Sizes (1) No main building or structure may be placed erected or altered on a lot which is serviced by a public sewer system unless the lot has and contains (a) a width of at least 30 metres (100 feet), (b) a depth of at least 36 metres (120 feet), (c) an area of at least 1,080 square metres (12,000 square feet); and (2) If the lot is not serviced by a public sewer system it shall have a width of at least 54 metres (180 feet) a depth of at least 38 metres (125 feet) and an area of at least 4,000 m 2 (1 acre) Size of Main Building (1) No main building may be placed, erected or altered so that it has a ground floor area less than 70 square metres (750 square feet) Yards for a Main Building or Structure (1) Subject to section 15.3, no main building or structure may be placed, erected or altered so that it is within (a) 10 metres (33 feet) of a street line; (b) 3 metres (10 feet) of a side lot line; or (c) 7.5 metres (25 feet) of a rear lot line. (2) In the case of a lot in an Industrial zone and abutting an R-1, R-2 or R-M zone, no main building or structure may be placed or erected thereon unless the yard adjoining the Residential zone has a depth or width equal to twice the height of the main building or structure.

107 22.3 Industrial Zone 22.6 Accessory Buildings and Structures (1) Except for a gate-keeper or security office not exceeding 9 square metres (100 square feet) in size, no accessory building or structure may be placed, erected or altered so that it is (a) closer to the street than the front of the main building or structure; or (b) within a distance of a side or rear lot line less than the greater of 3 metres (10 feet) or one-half the height thereof (c) within 2.4 metres (8 feet) of the main building Landscaping (1) Subject to this section, the owner of a lot developed for residential purposes shall landscape (a) the front yard of the main building; and (b) that part of the lot within 1.5 m (5 feet) of any building thereon. (2) The content of landscaping required under subsection (1) (a) is a minimum of lawn and ornamental shrubs; and (b) may include paths, patios, walkways and trees. (3) Notwithstanding subsection (1), the front yard mentioned therein may be used to a reasonable degree for the purposes of walks and driveways for access to the main building or other use on the lot. (4) In the case of a lot in an Industrial zone and abutting an R-1, R-2 or R-M zone, the yard abutting the residential zone must incorporate a landscaped buffer area of trees, shrubs, hedges or a fence to the satisfaction of the Planning Commission in consultation with Council Keeping of Livestock (1) No keeping of livestock will be permitted in the Industrial Zone.

108 23.1 Park Zone 23.0 PARK ZONE (P ZONE) 23.1 Permitted Uses (1) In a P zone, any land, building or structure may be used for the purposes of, and for no other purpose than, (a) one or more of the following main uses: (i) public park, including playground, sportsfields and recreation facilities or areas for other active or passive recreational activities; (b) subject to subsection (2), 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. (2) A use permitted under clause (b) of subsection (1) is permitted only on compliance with such terms and conditions as may be imposed by the Commission in consultation with Council Keeping of Livestock (1) No keeping of livestock will be permitted in the Park Zone.

109 24.1 Open Space Zone 24.0 OPEN SPACE ZONE (OS ZONE) 24.1 Permitted Uses (1) In an OS zone, subject to the provisions of Section 15.18, any land, building or structure may be used for the purpose of, and for no other purpose than, (a) one or more of the following main uses: (i) passive recreation uses including parks and trails, (ii) conservation-related uses, (iii) cemeteries, and (b) any accessory buildings, structure or use incidental to the main use of the land, building or structure if such use is permitted by this section and subject to such terms and conditions as may be imposed by the Commission in consultation with Council.

110 25.1 Rural Zone 25.0 RURAL ZONE (RU ZONE) 25.1 Permitted Uses (1) Any land, building or structure may be used for the purpose of, and for no other purpose, (a) the following main uses: (i) an agricultural use, subject to section 15.20(1); (ii) the farming of sod subject to Terms and Conditions as may be imposed by the Planning Commission in consultation with Council; (iii) a forestry or fishing use, (iv) a pit subject to Sections and 15.12; (v) a single family dwelling, subject to Sections 15.2 and 15.20(2), 15.20(3) and 15.20(4); (vi) an individual mini-home site subject to Section 15.2 and 15.20(2), 15.20(3) and 15.20(4); (vii) a cottage; (viii) a cemetery, church or church hall, park or playground, or school; (ix) a commercial recreational facility subject to terms and conditions as may be imposed by the Planning Commission in consultation with Council; (x) a convenience goods store selling baked goods, pharmaceuticals, groceries, hardware, magazines, books, tobacco products, or similar goods; (xi) a personal service shop; (xii) a veterinary clinic; (xiii) a wayside pit subject to Section 15.15; (b) one or more of the following secondary uses:

111 25.2 Rural Zone (i) an accessory apartment subject to section 15.13; (ii) a single-family dwelling accessory to an agricultural use subject to Sections 15.2 and 15.20(2); (iii) a home occupation, subject to section 15.6; (iv) a home or farm industry, subject to section 15.7 ; (v) (vi) (vii) a bed and breakfast operation; one garden suite, subject to section 15.19; or an agricultural produce sales outlet. (c) any accessory building, structure or use incidental to the main or secondary use of the land, building or structure if such main or secondary use is permitted by this subsection Development Standards (1) Subject to the provisions of Section 15.3 Building and Structure Projections and Section Height Exceptions, in the RU zone, no building or structure may be placed, erected or altered except in accordance with the criteria set out in the Table 25.1 below: (2) If the lot is serviced by public sewer and it is for residential development, it shall have a width of 23 metres (75 feet), depth of at least 30 metres (100 feet) and an area of at least 690 square metres (7,427 square feet).

112 25.3 Rural Zone TABLE DEVELOPMENT STANDARDS Rural RU Zone Minimum Lot Size Minimum Lot width (frontage) Minimum Lot Depth Single Family Dwelling, Individual Mini-home site, Cottage 0.4 hectares (1 acres) 54 metres (180 feet) 38 metres (125 feet) Agriculture 1, Forestry, Pit, Wayside pit, Mining operation 2 hectares (5 acres) 150 metres (500 feet) 38 metres (125 feet) Cemetery, Church or Church Hall, Park or playground, or School 0.8 hectares (2 acres) 75 metres (250 feet) 38 metres (125 feet) Commercial recreation, Convenience store, Personal service shop, Vet clinic. 2 hectares (5 acres) 150 metres (500 feet) 38 metres (125 feet) Main Building or Structure Accessory Building or Structure Minimum front yard from Collector Road 2 Minimum front yard from Local Road 2 Minimum side and rear yard Minimum Front Yard from Collector Road 2 Minimum Front Yard from Local Road 2 Minimum Rear Yard Minimum Side Yard 15 metres (50 feet) 7.5 metres (25 feet) 7.5 metres (25 feet) Not permitted in front yard of the main building Not permitted in front yard of the main building 7.5 metres (25 feet) or one half the height of the accessory building or structure 7.5metres (25 feet) or one half the height of the accessory building or structure 15 metres (50 feet) 15 metres (50 feet) 15 metres (50 feet) 15 metres (50 feet) 7.5 metres (25 feet) 7.5 metres (25 feet) 7.5 metres (25 feet) 15 metres (50 feet) 7.5 metres (25 feet) 7.5 metres (25 feet) Not permitted in front yard of the main building Not permitted in front yard of the main building 7.5metres (25 feet) or one half the height of the accessory building or structure 7.5 metres (25 feet) or one half the height of the accessory building or structure 15 metres (50 feet) 7.5 metres (25 feet) 7.5 metres (25 feet) Not permitted in front yard of the main building Not permitted in front yard of the main building 7.5 metres (25 feet) 7.5 metres (25 feet) 1 Agricultural uses that include livestock shall meet the requirements set out in Section As shown on Schedule A Zoning Map

113 25.4 Rural Zone 25.3 RU.1 Zone (1) Notwithstanding the provisions of the RU zone, the lands zoned RU.1 as shown on Schedule A may be used for the keeping of only two horses, one cow and a number of chickens subject to the following conditions, a) that if property ownership changes or if the lands cease to be used as described in section 25.4 (1), that Council may undertake a review of the Rural Plan in accordance with section 72 of the Community Planning Act and initiate the rezoning of the property to an R1 zone. (2) All other provisions of Section 25 that do not conflict with Section 25.4(1) shall apply RU.2 Zone (1) Notwithstanding the provisions of the RU zone, the lands zoned RU.2 as shown on Schedule A may also be used for the display and sale of outdoor furnaces subject to the following conditions, a) that if property ownership changes or if the lands cease to be used as described in section 25.4 (1), that Council may undertake a review of the Rural Plan in accordance with section 72 of the Community Planning Act and initiate the rezoning of the property to an RU zone. (2) All other provisions of Section 25 that do not conflict with Section 25.4(1) shall apply.

114 30.1 Enactment 26.0 RURAL COMMERCIAL ZONE (RC ZONE) 26.1 Permitted Uses (1) In an RC zone, any land, building or structure may be used for the purposes of, and for no other purpose than, (a) one of the following main uses: (i) a roof truss manufacturing operation; (ii) a fencing manufacturing operation; (iii) a retail and warehousing operation for finishing building products, (iv) a golf club including a licensed restaurant, licensed lounge and proshop, (By-law )and (b) one of the following secondary uses: (i) a single-family dwelling subject to Section 15.20(2), 15.20(3) 15.20(4), and (c) any accessory building, structure or use incidental to the main or secondary use of the land, building or structure if such main or secondary use is permitted by this subsection Yards for a Main Building or Structure (1) Subject to the provisions of Section 15.3 Building and Structure Projections no main building or structure may be placed, erected or altered so that it is within 7.5 metres (25 feet) of the front, side or rear lot lines Height of Main Building or Structure (1) Subject to the provisions of Section Height Exceptions, no main building or structure may exceed 9 metres (30 feet) in height.

115 30.2 Enactment 26.4 Accessory Buildings and Structures (1) Subject to the provisions of Section 15.3 Building and Structure Projections and Section Height Restrictions, no accessory building or structure shall be located such that it is within 7.5 metres (25 feet ) of the front, side or rear lot lines, or exceed 9 metres (30 feet) in height Development Standards (1) If the lot is serviced by public sewer and it is for residential development, it shall have a width of 23 metres (75 feet), depth of at least 30 metres (100 feet) and an area of at least 690 square metres (7,427 square feet).

116 30.1 Enactment 27.0 Rural Agritourism (RA Zone) 27.1 Permitted Uses (1) Any land, building or structure may be used for the purpose of, and for no other purpose, (a) the following main uses: (i) a single family dwelling, subject to Sections 15.2 and 15.20(2), 15.20(3) and 15.20(4); (ii) a cottage; (iv) a park or playground; (b) one or more of the following secondary uses: (i) an accessory apartment, subject to section 15.13; (ii) a home or farm industry, subject to section 27.2; (iii) a home occupation, subject to section 15.6; (iv) a bed and breakfast operation; (v) one garden suite, subject to section 15.19; or (vi) an agricultural use, subject to section 27.3; (vii) an agricultural produce sales outlet; (viii) a livestock facility, subject to 27.3; (ix) a petting zoo, subject to 27.3; (x) an agritourism use. (c) any accessory building, structure or use incidental to the main or secondary use of the land, building or structure if such main or secondary use is permitted by this subsection.

117 30.2 Enactment TABLE DEVELOPMENT STANDARDS Rural RU Zone Minimum Lot Size Minimum Lot width (frontage) Minimum Lot Depth Single Family Dwelling, Individual Mini-home site, Cottage 0.4 hectares (1 acres) 54 metres (180 feet) 38 metres (125 feet) Park or playground, or School 0.8 hectares (2 acres) 75 metres (250 feet) 38 metres (125 feet) Agricultural¹, Home or Farm Industry, Livestock Facility, Agritourism 0.8 hectares (2 acres) 54 metres (180 feet) 38 metres (125 feet) Main Building or Structure Accessory Building or Structure Minimum front yard from Collector Road 2 15 metres (50 feet) Minimum front yard 7.5 metres from Local Road 2 (25 feet) Minimum side and 7.5 metres rear yard (25 feet) Minimum Front Not permitted Yard from Collector in front yard of Road 2 the main building Minimum Front Not permitted Yard from Local in front yard of Road 2 the main building Minimum Rear Yard 7.5 metres (25 feet) or one half the height of the accessory building or structure Minimum Side Yard 7.5metres (25 feet) or one half the height of the accessory building or structure 15 metres (50 feet) 7.5 metres (25 feet) 7.5 metres (25 feet) Not permitted in front yard of the main building Not permitted in front yard of the main building 7.5metres (25 feet) or one half the height of the accessory building or structure 7.5 metres (25 feet) or one half the height of the accessory building or structure 15 metres (50 feet) 7.5 metres (25 feet) 7.5 metres (25 feet) 7.5 metres (25 feet) 1 Agricultural uses that include livestock shall meet the requirements set out in Section Home or Farm Industry (1) A Home or Farm Industry may be conducted subject to the following provisions:

118 30.3 Enactment (a) (b) (c) (d) (e) the scale of the Home of Farm Industry shall not exceed the capabilities of the family residing on the premises plus 5 people to operate it; there shall be no external display of advertising other than a sign not more than 1 square metre in area, notwithstanding the provisions of section 15.9 (5) the Home or Farm Industry shall be clearly accessory to the main use and not change the residential or agricultural character of the premises; the minimum side and rear yards for any accessory building used for the home or farm industry shall be 7.5 metres (25 feet); no goods, wares or merchandise shall be offered or exposed to sale or rent on the premises unless such goods, wares and merchandise are either, (i) incidental to the Home or Farm Industry, (ii) arts and crafts produced on the premises, (iii) field crops, vegetable, fruits or horticultural crops produced on the lot, or (iv) sample articles not for direct purchase, but this shall not be construed to mean a model home or other building Agricultural Use (1) Where permitted, an agricultural use may be conducted subject to the following provisions: (a) (b) (c) the maximum number of animal units permitted is three (3) animal units; the maximum size for a livestock facility is 27m² (290 ft²). in the spring of each year of operation, livestock manure is to be either spread onto pasture or removed from the site.

119 30.1 Enactment 28.0 Aggregate Extraction 1 (AE-1 Zone) 28.1 Permitted Uses (1) Any land, building or structure may be used for the purpose of, and for no other purpose, (a) the following main uses: (i) a quarry, subject to sections and 28.2; (ii) a pit subject to Section and (b) any accessory building, structure or use incidental to the main or secondary use of the land, building or structure if such main or secondary use is permitted by this subsection Development Standards for Quarries (1) A quarry within the Aggregate Extraction -1 zone shall be subject to: (a) No excavation shall take place below the level of the water table. (b) Have gates at all entrances and exits to their operating sites and these shall be closed and locked when the site(s) is not operating. (c) Accesses to the excavation and public streets over which excavated material is transported are maintained by the owner of the property in a dust-free condition; (d) The excavation, and any work related thereto, will be carried on only between the hours of 7:00 a.m. and 8:00 p.m. and only on days other than Sundays and holidays as defined by the Interpretation Act; (e) No building or structure or storage will be within 15 metres (50 feet) of an abutting property line; (f) Where an excavation site has a vertical face slope steeper than 60 degrees from horizontal and in excess of 3 m in height a combination of boulders, cement barriers, or chain link fence along with signage shall be spaced along the perimeter of the

120 30.2 Enactment (g) (h) (i) (j) (k) slope. The boulders or cement barriers shall be no smaller than 1 metre in size and spaced at maximum intervals of 2 metres. Signage warning of the danger shall be place at 15 meter intervals along the perimeter of the slope. The final perimeter of all sites of an excavation use shall not be located within: (i) 30 metres (100 feet) of a public road, street, highway, easement or right-ofway, (ii) 150 metres (490 feet) of the foundation of any existing building, (iii) 150 metres (490 feet) of an existing private water supply well, (iv) 50 metres (165 feet) of an abutting property boundary. The site of an excavation use shall not serve as a storage place for a dump of toxic materials, scrap iron, domestic wastes, construction residue of any other material likely to be harmful to the environment. The actively-worked area of the site, not including stockpiles of aggregate, stationary equipment and processing equipment such as crushing equipment, at any one time is to be limited to no more than 3 hectares, while all other areas are maintained as either undisturbed or rehabilitated. An undisturbed buffer strip shall be maintained at least 15 metres wide between the final perimeter of a quarry and a public highway, or a non-residential property An undisturbed buffer strip shall be maintained at least 50 metres wide between the final perimeter of a quarry and any residential boundary Development Standards for Accessory Buildings and Structures (1) Accessory buildings and structures in the AE-1 zones are set out in the following table: TABLE 28.1 Development Standards for Accessory Buildings and Structures Minimum Front Yard from Collector Road 1 Minimum Front Yard from Local Road 1 Minimum Rear Yard Minimum Side Yard 1 As shown on Schedule A Zoning Map 15 metres (50 feet) 15 metres (50 feet) 15 metres (50 feet) 15 metres (50 feet)

121 30.1 Enactment 29.0 Aggregate Extraction 2 (AE-2 Zone) 29.1 Permitted Uses (1) Any land, building or structure may be used for the purpose of, and for no other purpose, (a) the following main uses: (i) a quarry, subject to sections and 29.2; (ii) a pit subject to Section and (b) the following secondary uses, subject to terms and conditions that may be set out by the Regional Service Commission: (i) a portable asphalt plant subject to section 29.3; (c) any accessory building, structure or use incidental to the main or secondary use of the land, building or structure if such main or secondary use is permitted by this subsection Development Standards for Quarries (1) A quarry within the Aggregate Extraction -2 zone shall be subject to: (a) No excavation shall take place below the level of the water table. (b) Have gates at all entrances and exits to their operating sites and these shall be closed and locked when the site(s) is not operating. (c) Accesses to the excavation and public streets over which excavated material is transported are maintained by the owner of the property in a dust-free condition; (d) The excavation, and any work related thereto, will be carried on only between the hours of 7:00 a.m. and 8:00 p.m. and only on days other than Sundays and holidays as defined by the Interpretation Act; (e) No building or structure or storage will be within 15 metres (50 feet) of an abutting property line;

122 30.2 Enactment (f) (g) (h) (i) (j) (k) Where an excavation site has a vertical face slope steeper than 60 degrees from horizontal and in excess of 3 m in height a combination of boulders, cement barriers, or chain link fence along with signage shall be spaced along the perimeter of the slope. The boulders or cement barriers shall be no smaller than 1 metre in size and spaced at maximum intervals of 2 metres. Signage warning of the danger shall be place at 15 meter intervals along the perimeter of the slope. The final perimeter of all sites of an excavation use shall not be located within: (i) 30 metres (100 feet) of a public road, street, highway, easement or right-of-way, (ii) 150 metres (490 feet) of the foundation of any building, (iii) 150 metres (490 feet) of a private water supply well, (iv) 50 metres (165 feet) of an abutting property boundary. The site of an excavation use shall not serve as a storage place for a dump of toxic materials, scrap iron, domestic wastes, construction residue of any other material likely to be harmful to the environment. The actively-worked area of the site, not including stockpiles of aggregate, stationary equipment and processing equipment such as crushing equipment or portable asphalt plant, at any one time is to be limited to no more than 3 hectares, while all other areas are maintained as either undisturbed or rehabilitated. An undisturbed buffer strip shall be maintained at least 15 metres wide between the final perimeter of a quarry and a public highway, or a nonresidential property An undisturbed buffer strip shall be maintained at least 50 metres wide between the final perimeter of a quarry and any residential boundary Operating Standards for Portable Asphalt Plants (1) Portable asphalt equipment shall not be located within: (a) 30 metres (100 feet) of a public road, street, highway, easement or right-ofway,

123 30.3 Enactment (b) (c) (d) 150 metres (490 feet) of the foundation of any building, 150 metres (490 feet) of a private water supply well, 50 metres (165 feet) of an abutting property boundary Development Standards for Accessory Buildings and Structures (1) Accessory buildings and structures in the AE-1 zones are set out in the following table: TABLE 29.1 Development Standards for Accessory Buildings and Structures Minimum Front Yard from Collector Road 1 15 metres (50 feet) Minimum Front Yard from Local Road 1 15 metres (50 feet) Minimum Rear Yard 15 metres (50 feet) Minimum Side Yard 15 metres (50 feet) 1 As shown on Schedule A Zoning Map

124 30.1 Enactment 30.0 ENACTMENT The Council of the Village of Norton, under authority vested in it by section 28.2(1) of the Community Planning Act, enact as follows: (1) A Rural Plan for the physical development and improvement of the municipality is hereby adopted. (2) The document, entitled Rural Plan Village of Norton and the appended Schedule A Zoning Map dated April 3, 2013, constitutes the Rural Plan mentioned in subsection (1). (3) By-law 80 Rural Plan, Village of Norton and all amendments thereto are hereby repealed.

125 Terms and Conditions