2014-09-08_Agenda Packet--Dossier de l'ordre du jourr +
City of Saint John
Common Council Meeting
AGENDA
Monday, September 8, 2014
6:30 pm
Council Chamber
Please use Chipman Hill entrance
S'il vous plaft utiliser 1'entree Chipman Hill
Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le
bureau du greffier communal au 658 -2862.
Pages
1. Call to Order - Prayer
2. Approval of Minutes
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
6. Members Comments
7. Proclamation
8. Delegations / Presentations
9. Public Hearings - 6:30 p.m.
9.1 ZoneSJ and Related Housekeeping Amendments to the Municipal Plan - 2 - 3
Recommended Process for Adoption
9.1.1 Presentation to Council - ZoneSJ Public Hearing 4-11
9.1.2 Planning Advisory Committee Recommendation Letter to Council 12-32
9.1.3 Als Auto Submission to Planning Advisory Committee 33-41
9.1.4 Letter of Opposition to ZoneSJ from Judianne, Dennis and Michelle 42-59
Luck
1 Powered By: a rliD�ry
10
11
12
13
14
15
16
17
9.1.5 Adoption of the Draft Zoning By -Law and Housekeeping Amendments
60-614
to the Municipal Plan
Consideration of By -laws
Submissions by Council Members
Business Matters - Municipal Officers
Committee Reports
Consideration of Issues Separated from Consent Agenda
General Correspondence
Supplemental Agenda
16.1 Municipal Plan By -Law Amendment
615-621
16.2 Saint John Development Corporation Letter of Support for ZoneSJ
622-622
16.3 Strescon Limited - Zoning at 101 Ashburn Lake Road Presentation to Council
623-634
16.3.1 Commercial Properties Limited - Strescon Property at 101 Ashburn
635-636
Lake Road
16.4 B. Beyea Letter of Opposition to Zone SJ
637-637
16.5 D. Hargrove Letter re ZoneSJ
638-638
16.6 1905 Hickey Road, Saint John NB - PID 334524 Notice of Intention to
639-641
Expropriate
16.7 AI's Ultra Car Sales & Service re: Proposed ZoneSJ ByLaw
642-655
16.8 Judianne, Dennis and Michelle Luck: ZoneSJ Presentation to Council
656-664
Committee of the Whole
17.1 Committee of the Whole: Recommended Appointment for Director of the
665-665
Municipal Emergency Measures Organization
18. Adjournment
1
City of Saint John
Common Council Meeting
Monday September 8, 2014
Committee of the Whole
1. Call to Order
Si vous avez besoin des services en frangais pour une r6union de Conseil communal, veuillez
contacter le bureau du greffier communal au 658 -2862.
Each of the following items, either in whole or in part, is able to be discussed in private pursuant
to the provisions of subsection 10.2(4) of the Municipalities Act and Council / Committee will
make a decision(s) in that respect in Open Session:
4:30 p.m. 8th Floor Boardroom City Hall
1.1 Financial Matter 10.2(4)(c)
Ville de Saint John
Seance du conseil communal
Le lundi 8 septembre 2014
18 h 30 Salle du conseil
Comite plenier
1. Ouverture de la seance
Si vous souhaitez obtenir des services en frangais pour une reunion du Conseil
communal, veuillez communiquer avec le bureau du greffier communal au 658 -2862.
Chacun des points suivants, en totalite ou en partie, peut faire 1'objet d'une discussion en
privd en vertu des dispositions prevues a Particle 10 de la Loi sur les municipalites. Le
conseil ou le comitg prendra une ou des decisions a cet egard au cours de la seance
publique :
16 h 30 — Salle de conference, 8e etage, h6tel de ville
1.1 Question financiere — alinea 10.2(4)c)
Seance ordinaire
1. Ouverture de la seance, suivie de la priere
2. Approbation du proces- verbal
3. Adoption de l'ordre du jour
4. Divulgations de conflits d'interets
5. Approbation du conseil
6. Commentaires presentes par les membres
7. Proclamation
8. Delegations et presentations
9. Audiences publiques —18 h 30
9.1 ZoneSJ et modifications administratives relatives au plan municipal —
Processus d'adoption recommande
9.1.1 Pr6sentation an conseil —Audience publique concernant la ZoneSJ
9.1.2 Lettre de recommandation du Comit6 consultatif d'urbanisme au
conseil
9.1.3 Presentation de Al's Auto au Comit6 consultatif d'urbanisme
9.1.4 Lettre d'opposition a la ZoneSJ de Judianne, Dennis et Michelle
Luck
9.1.5 Adoption de 1'Arret& de zonage provisoire et des modifications
administratives au plan municipal
10. Etude des arret6s municipaux
11. Interventions des membres du conseil
12. Affaires municipales 6voqu6es par les fonctionnaires municipaux
13. Rapports d6pos6s par les comit6s
14. Etude des sujets 6cart6s des questions soumises a 11approbation du conseil
15. Correspondance g6n6rale
16.Ordre du jour suppl6mentaire
16.1 Modification a 1'Arr&6 portant sur 1'adoption d'un plan municipal
16.2 Lettre d'appui de la Saint John Development Corporation a la ZoneSJ
16.3 Strescon Limited — Zonage au 101, chemin Ashburn Lake, presentation au
conseil
16.3.1 Commercial Properties Limited — Strescon Property situ&e au 101,
chemin Ashburn Lake
16.4 Lettre d'opposition de B. Beyea a ZoneSJ
16.5 Lettre de D. Hargrove au sujet de ZoneSJ
16.6 1905, chemin Hickey, Saint John (N. -B.) — NID 334524, avis d'intention
d'exproprier
16.7 Al's Ultra Car Sales & Services concemant le projet d'arr&6 ZoneSJ
16.8 Judianne, Dennis et Michelle Luck: Presentation au conseil au sujet de
ZoneSJ
17. Comit6 pl6nier
17.1 Nomination recommand6e du directeur de 1'Organisation municipale des
mesures d'urgence
18. Levee de la seance
� I�NI l °� OJNCIL RIPO N SO
M &C- 2014 -156
September 8, 2014
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
SUBJECT: ZoneSJ and Related Housekeeping Amendments to the
Municipal PIan
Recommended Process for Adoption
BACKGROUND:
City of Saint John
On July 7, 2014 Common Council set the Public Hearing date for the Zoning By-
law (ZoneSJ) and the related Municipal Plan amendments for Monday, September
8, 2014 at 6:30 p.m. in the Council Chamber. The Planning Advisory Committee
held a Special Meeting on Wednesday, August 20, 2014 to make a
recommendation with respect to the final Draft Zoning By -law and housekeeping
changes to the Municipal Plan (report and recommendation letter attached).
To support Council with this adoption process it is recommended that Council
direct staff to prepare a supplementary report providing a summary and responses
to all of the submissions received. The supplementary report would include
recommendations on further changes to the document arising from the public
feedback before Council gives final adoption. This would also ensure there is
adequate time to address any legal implications to the process arising from
proposals for substantive change to the Zoning by -law.
RECOMMENDATION:
That Common Council refer the proposed Zoning By -law and related
amendments to the Municipal Plan to staff to consider comments and requests
made at the Public Hearing of September 8, 2014 and to report back to Council
prior to considering 1" and 2 nd readings.
M &C- 2014 -156 -2-
September 8, 2014
Respectfully submitted,
Stace orfar, MBA, MCIP, RPP
Deputy Commissioner, Community Planning & Enrichment Services
SF
IURP, MCIP, RPP
& Community Development Services
M�
3
28/08/2014
soot
00,Vfi
govelop'.1fout Shop e,
PLANNING BUILDING INI'RASTRUCTURE SAINT IORM
PO Box 1971, Saint John NB • Canada • E21-41-1
OneStop @saintjohn.ca - Tel: (506) 658 -2835
28/08/2014
Va'4.G P
28/OR/3O14
28/08/2014
o � .
rr
• ! OUR • •
F/1 yt n.
DevelnpWient Shop,n
Guiding principles of One -Stop
De mp ent I
28/08/2014
60pen
Houses
4Industry
E v ents
450+ Event
Participants
(2, _qr,
Beiilipfirent Shop,
C.
(2,
Orviepifent Shop
28/08/2014
-IMF
(2, _qr,
Beiilipfirent Shop,
C.
(2,
Orviepifent Shop
28/08/2014
General
Response
Letters lit
Individual
Consultations
Detailed
Property
Specific Letters
Beiilipwont shop,
01 1
10
28/OR/20l4
7
28/08/2014
Guided Tour
of ZoneSJ
F/stiP. ycn�
Deve�npKient shop,e
11
Planning
Advisory Committee
August 21, 2014
Your Worship and Councillors:
P.O. Box 1971 506 658 -2800
Saint John,
New Brunswick
Canada E2L 4L 1
City of Saint John
SUBJECT: Recommendation on the proposed Zoning By -law (ZoneSJ)
and the housekeeping amendments to the Municipal Plan
(PlanSJ)
On Monday July 7, 2014, Common Council referred the above matter to the
Planning Advisory Committee for a report and recommendation. The Committee
considered the attached report at a Special Meeting held on August 20, 2014,
Ms. Stacey Forfar and Mr. Mark O'Hearn, staff with the community planning
service for the City of Saint John, provided a 20- minute presentation on the
project and the final draft Zoning By -law. The Committee then opened the floor
for members of the public to speak for or against the proposed Zoning By -law.
Mr. Al Williams and Mr. Rick Turner
AI's Ultra Car Sales and Service
2086 Ocean Westway
Mr. Al Williams of Al's Ultra Car Sales and Service and his representative Mr.
Rick Turner of Hughes Surveys and Consultants both spoke to the Committee in
opposition to the change of zoning for the property at 2086 Ocean Westway from
the "B-2" General Business to General Commercial (CG) with an exception for
Vehicle Sales and Leasing (Schedule E).
Mr. Williams provided the Committee with a printed copy of their presentation
(see attachments), and indicated he was requesting the subject property be zoned
Commercial Corridor (CC) in the final Zoning By -law. He indicated that in the
initial draft of ZoneSJ, released in October 2013, the subject property was zoned
CC and as such he wanted to retain this zoning as he felt this is what he currently
has. He also indicated he had proceeded with making plans for the property based
on the draft CC zone, which included acquiring a building permit and having an
appraisal of the property completed.
12
-2-
Mr. Williams also indicated that there is a cluster of properties near his property
along Manawagonish Road that had B -2 General Business zoning and have
through this process been zoned Commercial Corridor (CC), including a City
works depot. Mr. Williams indicated that he felt this was not a fair approach and
he requested his property be zoned CC as well in the final draft.
Mr. Rick Turner then addressed the Committee as Mr. Williams' representative
and indicated agreement with Mr. Williams' comments. Mr. Turner then spoke to
the Commercial Corridor policies in the Municipal Plan and advised that he
considered these consistent with Mr. Williams' business, given the auto - oriented
nature of his business and the location adjacent to the highway. As such, Mr.
Turner supported Mr. Williams' request for Commercial Corridor (CC) zoning on
the property with an exception granted through Schedule E: List of Exceptions for
his residence.
Mr. Turner also drew a parallel to the cluster of properties located on
Manawagonish Road, east of the highway interchange including the new City
works depot, as properties containing similar uses to Mr. Williams' that are
proposed to be zoned Commercial Corridor (CC). Mr. Turner proposed that
section 39 conditions could be added to Mr. Williams' property through this
process to provide him with CC zoning.
The Committee asked for clarification in terms of the process to deal with site -
specific requests for zone changes. Ms. Forfar indicated that the draft Zoning By-
law was before the Committee as a whole for a recommendation to Council. She
advised that the Committee could certainly provide a recommendation that a
change should be made on a specific property, however, ultimately the authority
for these changes rests with Council.
The Committee asked for more details with respect to the actual impact of the by-
law on this property. Ms. Forfar indicated this area is designated Stable
Residential in the Municipal Plan and is located west of the highway and beyond
any areas designated Commercial Corridor. As such, the property was ultimately
proposed to be zoned from the existing B -2 General Business zone to the new
General Commercial (CG) zone. She indicated that these zones are virtually
identical with the exception of the Vehicle Sales and Leasing land use. To ensure
Mr. Williams' existing legal business was accommodated through this process,
this land use was granted an exception and added to Schedule E in the draft by-
law. Ms. Forfar explained that by doing this, in her opinion, the landowner has
virtually lost nothing through this process.
Ms. Forfar also explained that the Commercial Corridor (CC) zone is intended to
accommodate a range of intensive commercial and industrial activities that are not
appropriate for this site as it is designated Stable Residential in the Municipal
Plan. The October working draft of the by -law did propose to spot zone the site
Commercial Corridor (CC), however this was quickly recognized as an error and
the landowner was notified of the proposed change. Ms. Forfar indicated that
staff had been back and forth with the landowner over the last year on this matter.
13
-3-
Ms. Forfar further indicated that the ZoneSJ process was not intended to intensify
sites of this magnitude, as there is a public application process for such a proposal
that provides the opportunity to apply conditions where necessary. Ms. Forfar
advised that should the Committee wish to recommend consideration of this site -
specific change they would need to recommend both a Plan Amendment and a
rezoning be advanced to accommodate this site - specific request.
The Committee inquired as to the applicant's intent for advancing this zone
change through this process. Mr. Turner indicated that it is an avenue to ask for
the change and he felt there were uses in the CC zone that were consistent with
Mr. Williams' business. He then indicated that they thought they would ask and
see if it was acceptable to PAC and Council. Mr. Williams then approached the
podium and indicated that he had spoken with planning staff about his plans to
advance uses permitted in the CC zone and wanted the security of this zone as his
business grows. He also indicated the cluster on Manawagonish Road was given
CC zoning through this process but they are currently zoned B -2 General
Business as well.
The Committee indicated to Mr, Williams that this process is not an application
process for this site and as such, there is no staff report available and no notice to
neighbours has been provided in which to take guidance from when
recommending such a change. The Committee asked for clarification from staff
as to whether or not this is something that should go through an application
process for a decision as there was concern in dealing with a site specific inquiry
with limited information available upon which to base a decision.
Ms. Forfar indicated that the process this evening is with respect to the draft
Zoning By -law and not specifically an application for this property. She advised
that the request for CC zoning on this site triggers a requirement for a Plan
amendment as well, which will require additional advertising and notification.
Ms. Forfar also advised that the cluster of properties on Manawagonish Road that
Mr. Williams had referenced was proposed to have a mix of Utility & Service
(US) and Commercial Corridor (CC) zoning as this particular cluster was
designated Stable Commercial in the Municipal Plan and as such the proposed
zones were appropriate.
The Committee proposed that Mr. Williams' request for CC zoning to
accommodate his growing business should be dealt with through the public
application process. The Committee further advised Mr. Williams that based on
what they have heard and understood is that his business has been accommodated
through this process with the proposed General Commercial (CG) zone and the
exception for Vehicle Sales and Leasing. The Committee asked for clarification
from staff with respect to this.
Ms. Forfar advised the Committee that yes, the property has been zoned a similar
zone to what is there today and granted an exception for vehicle sales and leasing
to ensure this land use would not become a legal non - conforming land use
through this process. The Committee then asked for the next speaker.
14
-4-
Mr. Bev Purinton
210 Lakewood Avenue, Lakewood Heights
Mr. Bev Purinton approached the podium and indicated that through the ZoneSJ
process, Rural (RU) zoning was proposed for his 50 -acre property and he
disagreed with this. He indicated water and sewage services were at his property
line and he had an existing approval for 10 lots on part of his property. He
indicated to the Committee that he wanted to be able to develop the balance of his
property in the future. Mr. Purinton explained that there were some servicing
constraints with a lift station however; his engineering study indicated that his
property could be serviced.
Mr. Purinton indicated that he wanted to see the Primary Development Area
(PDA) moved to include his property and the existing residential zoning retained
to allow his property to develop in the future. He indicated that should the
proposed Rural (RU) zone be approved then staff would be obligated to
recommend turning down an application for development of his land in the future.
He also indicated he understood the direction of PIanSJ and the requirements for
higher density development however there were two applications that were
approved on Loch Lomond Road during the PIanSJ process that only required
single - family housing.
Mr. Purinton further indicated he would accept Future Development (FD) zoning
on his property rather than Rural (RU) zoning as he felt residents in Lakewood
Heights do not want rural land uses or higher density housing. He referred to his
letter to Council (included in the PAC submissions) and he wanted to know why
his property was not being zoned Future Development (FD) as this zone would
still require him to go through an application process for development and staff
would not be obligated to recommend denial of his application.
The Committee asked Mr. Purinton about his timeframe for development. Mr.
Purinton indicated he had an application before Council in 2010 to develop the
property and he felt that if the market had not changed, he would have had
development on the property today. He referenced the other developments along
Loch Lomond Road that were approved during the development of PIanSJ and
indicated that they had only seen a few lots develop since they were approved.
Mr. Purinton indicated he was not sure exactly when he would be able to develop
his property given the market, however, he felt the FD zone would prov=ide the
ability to move an application forward when the market was ready.
The Committee asked staff for clarification as to the application of the Future
Development (FD) zone on this property. Ms. Forfar indicated that she and Mr.
Purinton had only recently connected through voicemail after his letter was
submitted to Council. She explained that Mr. Purinton's property is located on
the edge of the PDA and that the PDA included the 10 approved lots but it did not
take in the balance of the undeveloped land.
15
-5-
In terms of the application of the Future Development (FD) zone, Ms. Forfar
explained that this zone had been applied to large, undeveloped property inside
the Primary Development Area (PDA) and the Rural (RU) zone had been applied
to large, undeveloped property outside the PDA. Because the undeveloped
portion of Mr. Purinton's property fell outside of the PDA it had been proposed to
be zoned Rural (RU).
Mr. Purinton indicated he understood this and he was looking for flexibility with
the PDA. He advised that he understood Council had turned down the larger
application for his property for development based on the outcome of his 2010
application, The feedback came from higher density housing being proposed and
infrastructure challenges with the area including the need for a lift station to be
upgraded to accommodate his proposal. He indicated that he thought the PDA
was conceptual and general in nature and as such, he was looking for flexibility in
how this was applied to his property.
The Committee confirmed he was asking for flexibility and indicated that he can
always put an application forward to change the PDA boundary. The Committee
advised him that staff would not be obligated to turn an application down and may
recommend it if the balance of the development is in line with the goals of
PlanSJ. The Committee indicated there is always an avenue through a public
application process to consider his proposal. The Committee referred to staff
when asked how staff made the decision to apply the Rural (RU) zone to his
property.
Ms. Forfar indicated that the undeveloped portion of Mr. Purinton's property was
excluded from the PDA at the time the Plan was adopted because of a significant
infrastructure deficit in this area. She further indicated that the Future
Development zone is only available inside the PDA for large, undeveloped tracts
of land and the Rural (RU) zone is only available outside the PDA for large,
undeveloped tracts of land.
Mr. Purinton indicated that the PDA was established tightly to his property line
but he did not understand why because he needed to pay for the infrastructure
upgrade. He indicated he is still not clear as to why his property had been
proposed to be zoned Rural (RU) because the area has infrastructure, public
streets to the property, road accesses, and schools and that development had been
approved to the west of his property. There were no more questions from the
Committee and as such, the Committee asked for the next speaker.
16
-b-
Mr. Paul Moore
Commercial Properties Ltd.
Strescon, Ashburn Lake Road
Mr. Moore indicated he understood this was a large project with a large scope and
congratulated the staff in putting it all together. He then proceeded through the
presentation that was included in the Committee's package of submissions. He
indicated the primary issue before the Committee was the need for a
housekeeping amendment to PlanSJ as it affected the operations of Strescon. Mr.
Moore further explained that the lands in question were owned by Strescon and
were two parcels - parcel A and parcel B - that were divided by Marsh Creek.
The key issue was that ZoneSJ proposes to zone one of the pieces (parcel B) from
Heavy Industrial (IH) to Future Development (FD), which would effectively stop
the growth of the business. Mr. Moore explained that it is their understanding that
parcel B has been proposed to be rezoned from Heavy Industrial (IH) to Future
Development (FD) because the parcel has been designated Future Development in
the Municipal Plan. However, he indicated the land is currently being used and is
being prepared for future use by Strescon.
Mr. Moore indicated that the parcels were purchased from the City in exchange
for the construction of dykes a number of decades ago. The intent of this
exchange was to provide Strescon with additional storage yard space for their
operations. The dyke construction and land exchange was concluded in 1983 and
the City was given an easement over the Strescon land to repair and maintain the
dykes. The land was then re- designated and rezoned for heavy industrial uses by
Strescon through a planning process.
Mr. Moore indicated that parcel A is completely used for operations and that
Strescon is currently preparing the low -lying area on parcel B for future
operations. He reiterated that without the use of parcel B, the business had no
place to expand. Mr. Moore posed the question that, given the parcel's location,
what else could it be used for other than their operation. He went on to indicate
that Strescon is an important part of the economy as it employs up to 200
employees and contributes over $500,000 /year in property taxes.
Mr. Moore then reiterated that they are requesting a housekeeping amendment to
the Plan to retain the Heavy Industrial (IH) zone on parcel B. Based on their
understanding of the Plan, it is being used for Strescon purposes and as such it
should be kept for this use.
The Committee asked staff for clarification as to why the property has been
proposed to be rezoned to Future Development (FD). Ms. Forfar indicated that
this property was intentionally designated Future Development when the Plan was
adopted as it is a large, undeveloped property. As such, the proposed Future
Development (FD) zone was applied to implement this designation. Ms. Forfar
further indicated that a 1991 application on this property (parcel B) approved
quarrying for Strescon's use and it was clear in the report that use of the property
for Strescon operations was not intended at that time.
17
_7_
Ms. Forfar explained that parcel A was intentionally included in the Heavy
Industrial designation and the subsequent Heavy Industrial (IH) zone as it is a
developed part of the Strescon operation. Parcel B however was not
contemplated to be included as part of the Strescon operation based on the 1991
application. Ms. Forfar further explained that excavation is permitted through the
Future Development (FD) zone and as such, the approved existing use for
quarrying had been retained through this process. However, given the designation
of Future Development on this property it was not appropriate to retain heavy
industrial zoning on it through this process.
The Committee indicated to Mr. Moore that Strescon is not limited in making
future applications to rezone the land at any time when a new use is required
outside of those previously approved in 1991. To rezone the land at this meeting
without notification and input of the public, and a report from staff on the impacts
of the development would be premature. Also, because the property would
require an amendment to the municipal plan designation, this is outside the scope
of the Special Meeting convened to review the proposed ZoneSJ bylaw. Several
Committee members indicated general agreement with Mr. Moore in that the use
of the property by Strescon is a logical use, however, the goals and intent of
PlanSJ and what ZoneSJ is intended to do is to limit expansion of Heavy
Industrial uses in the PDA without approval through a public application and
review process.
The Committee asked Mr. Moore if he was aware of the 1991 report that staff
referenced. Mr. Moore indicated that he was aware there was a reference to
quarrying and that yes that was going on. Mr. Moore also indicated there was no
laydown occurring on parcel B, as that was occurring on parcel A and that parcel
B was instead being prepared for expansion at this time.
The Committee indicated that should Strescon want to expand their operations to
parcel B they will need to advance this through an application process in the
future. Mr. Moore indicated that they did that decades ago and that he felt they
should not have to proceed through another process. The Committee advised that
the community and expectations change over time and that PlanSJ and ZoneSJ are
a reflection of those changes. Mr. Moore asked for clarification in terms of the
intended uses in areas zoned Future Development,
Ms. Forfar indicated that the Future Development zone is a holding zone and it is
intended that over time these large undeveloped tracts of land will develop
through an application process. Ms. Forfar explained that there are adjacent
landowners in this area and that any expansion of the Strescon operation could be
considered through the Future Development zone as it is intended to facilitate
future development. She further indicated that when Strescon is ready to advance
an expansion onto this property, it would require an application for a Plan
Amendment and a rezoning to Heavy Industrial.
The Committee reiterated there is a public application process for considering
developments of this type and asked for the next speaker.
in
-8-
Mr. Stephen Horgan
Meltone Inc., MST Holdings Inc., Somerset Investments Ltd.
Dowd and Hovey Group of Companies
Mr. Horgan approached the podium and indicated he was representing three
companies, generally known as the Dowd and Hovey Group of Companies. They
participated with staff in this process, receiving a letter dated January 24, 2014
addressed to Mr. Rick Turner advising of the direction for each property. Mr.
Horgan went on to explain that his clients felt that eight of the properties had been
dealt with in a satisfactory manner, however, there were three properties that they
were concerned with.
Mr. Horgan advised that approximately 170 acres of property at 520 -550
Somerset Street (2 PIDs), 560 Somerset Street (1 PID), 600 and 700 -750
Somerset Street (7 PIDs) had been proposed to be rezoned from Light Industrial
to General Commercial (CG) in the new Zoning By -law.
Mr. Horgan acknowledged that he had been retained late in this process. He
explained that the properties in question mainly front Somerset Street and then go
back quite a distance to where the Millidgeville fire station is and then out to
Samuel Davis Drive and back to the old Howe's Lake dumpsite. He reiterated
that his client's general concern is that the vast majority of these properties have
been rezoned from Light Industrial to General Commercial (CG) in the draft
Zoning By -law.
Mr. Horgan went on to explain that they felt it was too broad a brush stroke to do
this and the new zone is extremely narrow in the permitted uses compared to the
existing Light Industrial zone. The present Light Industrial zone has 97 permitted
uses and 50 conditional uses for a total of 147 uses. In the new CG zone there are
only 3 7 permitted uses listed. Mr. Horgan confirmed that much of the property is
currently vacant however most of it that fronts Somerset has existing uses. He
indicated that his clients preference is that they retain the industrial zoning,
however, if they are rezoned, they want a more detailed list of exceptions
provided to accommodate the existing businesses.
Mr. Horgan indicated that the land in question is generally located off by itself,
access is restricted to much of it, and it is generally isolated, lending itself to
industrial uses. With the proposed rezoning, this would be lost. He indicated that
his client could create buffers with the property for fixture industrial uses and
suggested the application of the proposed Medium Industrial (IM) or Light
Industrial (IL) zone instead. He also indicated the need for a housekeeping item
at 535 Somerset Street (PID 55116859) in that a small sliver of land had not been
noted in the letter of January 24, 2014. He requested that staff address this before
the final package goes to Council.
In closing, Mr. Horgan indicated that the group of companies employ many
people and they pay roughly $80,000 /year in property taxes. Their general wish
is that the industrial zoning remains and the properties are not rezoned
19
la
commercial. If this does happen, they want to be very detailed in the description
of the exceptions that are permitted by these properties.
The Committee asked Mr. Horgan how much of the land that is zoned industrial
today is actually in operation for industrial uses now. Mr. Horgan indicated that
in terms of the acreage, a lot of it is not currently being used for industrial
purposes but could not specify a specific total area. He went onto explain that all
of the properties along Somerset Street are presently in use for different
businesses. The exceptions are all worded the same way (Warehouse Facility or
Outdoor Storage Yard). His client feels it should be more detailed because more
goes on than what is captured in those exceptions and as such they want to expand
the list of uses permitted in the exceptions list. They will be forwarding a letter to
staff and Council with that request.
Mr. Horgan reiterated that his clients would prefer to keep the industrial zoning in
place and not have any exceptions. He realized that that is not the direction of
PlanSJ or the Zoning By -law but he said he hopes the Committee can appreciate
this is a substantial shift for his clients. It has been about 40 years since the last
full scale rezoning has taken place.
The Committee explained to Mr. Horgan that they hope he understands the
PlanSJ process as there is a new vision for this neighbourhood. Members further
indicated that there is a lot of investment going into this area, including the new
YMCA, that is moving it away from industrial uses and that this is part of the
logic behind the proposed zoning change. The Committee indicated that the
landowner is not restricted from applying for a rezoning in the future should they
wish to develop the subject properties in a different manner than what is permitted
and envisioned in PlanSJ. The application process must take into account the
neighbourhood context, the Municipal Plan, and public feedback; as a result, this
request is outside the scope of this Special Meeting. The small housekeeping
items can be addressed but ZoneSJ is the implementation of the vision in PlanSJ
and, as such, it is driven by the Municipal Plan.
Mr. Horgan indicated this can cause delays for property owners. The Committee
asked for clarification from staff concerning the list of exceptions. Ms. Forfar
indicated that staff will certainly follow up about the sliver of land that Mr.
Horgan has indicated was not included in the letter. She also indicated that the
wording in the list of exceptions was kept general, as it was consistent with the
general industrial uses in operation. Ms. Forfar indicated that this area was
designated Local Centre during the PlanSJ review process and is a departure from
the past industrial uses in the area.
Stacey Forfar further indicated that it was unfortunate that the letter Mr. Horgan
was referencing is dated January 24, 2014 and that staff had not had any response
from the property owners since it was sent. In this letter, an invitation was
extended to discuss the proposed use of the site. She also advised the general
ording for the exceptions does leave flexibility but that staff would be available
for further discussions after the meeting. The Committee then asked for the next
speaker.
20
-10-
Mr. Rick Turner
Hughes Surveys & Consultants
Mr. Turner indicated he was working with a client Eli Capital regarding a
Manawagonish Road property and was pleased with the use of the exceptions list.
He further indicated that he will follow up with staff on this.
Mr, Turner then indicated that these types of processes can be negative and that
he wanted to provide some positive comments about PlanSJ. The proposal to
streamline through this process and the longer list of clearer definitions are going
to ensure a reduction in similar /compatible use applications, meaning less red tape
for applicants. He indicated this was important because sometimes the timing
involved can bring projects to a halt, as delays are always a problem for
developers. He also indicated that it will also free -up staff to do some tangible
projects and help the community move forward.
Mr. Turner also indicated that he felt the amenity space standards were a real
bonus, particularly with our seasonal weather, providing credit for indoor space
was positive. He also indicated the mix of uses in the new By -law was another
real bonus as it allows projects to change with economic conditions and adjust
accordingly. He went on to indicate that these were just a couple of examples and
that there were many good things in the draft Zoning By -law. Most of the issues
tonight are property specific, but dealing with the By -law criteria is very good.
Mr. Rick Turner
J.D. Irving Ltd.
Mr. Turner then indicated that he had also had the pleasure of working through
the PlanSJ and ZoneSJ processes with J.D. Irving Ltd. He indicated that they had
started with staff first and that J.D. Irving had taken a focused approach to
understand the impacts on their property. Mr. Turner then advised that staff were
tremendous as they spent a lot of time with them and he felt it was a very good
process. J.D. Irving staff had asked specifically for him to advise the Committee
of this tonight.
He also indicated that the industrial peer review that had taken place as part of
ZoneSJ process was a big help and that the new Medium Industrial {IM} zone was
good. He also indicated that the proposed setback criteria and the removal of the
height restriction in the heavy industrial zone was a positive change, as it will
prevent triggering height variances with these facilities,
Mr. Steve Carson
CEO, Enterprise Saint John
Mr. Carson indicated that having an up -to -date and modern Plan and Zoning By-
law were critical tools in the economic tool kit for the community. He advised
that he had had the pleasure of working through the PlanSJ process with staff and
is pleased with what he has read about ZoneSJ. He indicated that the Enterprise
21
-11-
Saint John mandate was focused on implementation of the True Growth 2.0
process and as they look at P1anSJ and ZoneSJ, they see all of this as being very
complementary to the key outcomes of these processes including job creation,
innovation, and entrepreneurship.
Mr. Carson also advised that he felt the proposed One Stop Development Shop
will also play a role in encouraging investment and that tonight was not just about
a new Zoning By -law for the community but it was also about promoting
economic investment. Mr. Carson reiterated that this direction was consistent
with the economic development vision in True Growth 2.0 as it highlighted the
importance of a vibrant and authentic, dense urban core.
Mr. Carson then acknowledged the importance of the large -scale energy projects
that have been recognized in the P1anSJ and ZoneSJ documents and that they are
very encouraged with discussions with staff in that there is a process for new
proposals to be considered. He also indicated that there seemed to be a new
culture that has taken root in City hall that supports a new spirit of cooperation
and collaboration and they were optimistic that people who have projects that are
outside of the lines today, will get a fair look through a process in the future.
No further speakers came forward. The Committee then thanked members of the
public for their attendance this evening. No further comments from the
Committee with respect to property specific inquiries were put forward and no
recommendations were brought forward for Councils consideration concerning
the property specific requests heard this evening. The Committee Chair then
asked for each Committee member to provide their comments on the Zoning By-
law for consideration.
Committee Member Discussion
Mr. Eric Falkjar indicated that he was pleased with the comments heard this
evening and highlighted a number of improvements to the document raised earlier
by Mr. Carson and Mr. Turner. He advised that having gone through this process
as both a PAC member and as a citizen he found staff very good to work with and
very professional in how they assimilated comments into the final draft of the
Zoning By -law. Mr. Falkjar highlighted the wording with the new landscaping
standards as providing good guidance moving forward.
Mr. Falkjar also indicated that although amenity space may be seen as a challenge
by some in the development industry because it sets aside non - rentable floor
space inside of a building, it will improve the overall housing stock and will up-
scale buildings. He also indicated that he was pleased to see standards for
electronic message boards included as it will now provide clear guidance on these
signs going forward. Mr. Falkjar also indicated that the streetscape alignment
standard, to ensure infill development aligns with neighbouring properties, was
another good standard in the draft By -law. In general Mr. Falkjar indicated that
he felt a lot of the things he had provided input into earlier on in the process were
assimilated into the document and he was pleased with how it had been done.
22
-12-
Mr. Falkjar then indicated that although he was pleased with most of the
document he would like to see the proposed exclusion of new one -unit dwellings
in the Urban Centre Residential (RC) zone eliminated. He indicated he
understood the intention behind this however he thought it was too hard because
of the number of small infill lots in neighbourhoods where he felt one -unit
dwellings were most appropriate. He indicated support for one -units in the
downtown area siting a reference to a one -unit home at the corner of Germain
Street and Princess Street, built to look like a historic building.
Ms. Anne McShane indicated her support for Mr. Falkjar's concern for the
exclusion of one -unit dwellings in the RC zone and advised she too would like to
see this removed to permit new one -unit dwellings. Ms. McShane also indicated
her concern for the Pit and Quarry (PQ) zone and proposed an accompanying
recommendation to support re- opening this discussion. Ms. McShane also
expressed support for more enforcement of the Zoning By -law and the
development of a comprehensive package of development incentives in the future.
Ms. McShane then asked for clarity concerning the absence of rail setbacks in the
draft Zoning By -law and asked how this would be addressed with new
development.
Ms. Forfar indicated that because the community was significantly built -up
around existing rail lines, depending on how far a new setback went it could have
significant impacts in terms of non - conforming uses on existing property owners.
She advised that staff felt the most appropriate time to introduce rail setbacks
would be at the time of subdivision for new lots.
Ms. McShane then asked for clarity in terms of how the By -law would treat re-
investment in large, existing parking lots on commercial sites. Ms. Forfar
clarified that the question concerns how the By -law will deal with re- investment
in established, large commercial sites such as when an existing building is torn
down and a new one proposed. Ms. Forfar advised that in terms of triggering
wide -scale site improvements, the By -law is not retroactive. As such, if the
proposal triggered a planning application, such as a variance application, there is
an opportunity to approve conditions requiring upgraded landscaping in context
with the application. As an example, if a side yard variance was triggered then it
could be appropriate to recommend upgraded landscaping along the impacted side
yard. Where a proposal has not triggered a planning application because it meets
the standards in the By -law, it is simply a Building Permit process.
Ms. McShane sought further clarity siting the example of the Lansdowne Place
commercial plaza, specifically examples such as the freestanding Subway or Tim
Horton's, requesting a better understanding of the opportunity to require
landscaping around a specific new development. Ms. Forfar indicated that it
depends on what has been proposed and that unless a proposal triggered a
planning application, it would proceed through a building permit process. Ms.
Forfar further advised that as an example there are new standards for drive -thrus
and that any new drive -thru proposal would be subject to those new standards, but
reiterated the ability to require whole -scale site improvements is limited in these
circumstances.
23
-13-
Mr. Andrew Miller echoed member's comments in that there were many good
things in the By -law. Mr. Miller then indicated he was looking to advance the
need for the City to invest in open data through implementation of the One Stop
Development Shop program. He advised that this would be an ideal time to
advance this as the project will be looking at how, why and where data is being
stored. He further indicated that allowing open access to City data is important,
especially as Saint John is recognized as a strong centre for information
technology. Having open data will make the City more accessible, the data more
instantly available, and allow users to see metrics and information in real time.
Mr. Keith Brideau thanked staff for the work done on the project. He then
indicated his concerns with the proposed amenity space requirements in the draft
Zoning By -law. He indicated that he would like to see staff justify the need for
additional amenity space in the Uptown because he felt there is a better quality of
life here already and that additional amenity space was perhaps not needed. He
further advised the Committee that he considered the requirement to be a barrier
for developers because of the additional cost. Mr. Brideau then advised that he
felt in certain parts of the City amenity space may be needed but he did not think
it was needed in the Uptown as there is a high quality of life offered here already.
Mr. Brideau then asked for clarity with the final recommendations for the parking
exemption area in the Uptown. Ms. Forfar clarified that the 20% reduction
proposed in the Intensification Areas was still proposed and the expanded parking
exemption area in the Uptown, that increased this area approximately 10 -fold, had
also been retained. Mr. Brideau expressed his support for the expansion of the
exemption area in the Uptown,
Mr. Brideau continued and expressed his interest in ensuring that everything is
being done to make it easier for developers to invest in the care, as there had been
a lack of investment for many years and exemptions do make a big difference to
support investment. He then recommended that staff clearly communicate to
people who are impacted through the new Zoning By -law that they can still make
an application to advance their proposal. He expressed his desire to ensure people
were aware that there is a process to consider their proposal at any time.
Mr. Brideau also indicated his support to provide more flexibility in the Heritage
By -law for heritage property owners. He referenced one single family home that
was built in the last fifty years in the heritage area Uptown and his desire to see
more infiil development in this area. He indicated that he did not support making
new buildings look like old buildings and that other cities allow new projects that
fit in that are not heritage - looking type buildings. He also expressed his desire to
ensure that there is an open mind to new development in the Trinity Royal
Preservation Area. He further advised that there was about 21 acres of vacant
land in the core area and it would be nice to see development here in the future.
24
-14-
Mr. Morgan Lanigan then indicated that he would like to share comments
included in a two -page email from an absent Committee member, Mr. Dave
Drinnan, but that it would be at the discretion of present Committee Members to
motion any of Mr. Drinnan's comments. Mr. Lanigan then summarized Mr.
Drinnan's email:
He indicated there were about 5 different issues with the first one being his
support for the elimination of parking minimums as he felt that, although they had
been reduced already in the proposed By -law, parking has a detrimental effect on
density in areas such as Uptown. Secondly, there was concern expressed with the
modifications proposed to the urban chicken standards as he felt the changes were
creating an animal welfare issue because they would rely on education and
regulatory compliance.
Thirdly, Mr. Drinnan expressed concerns with accessibility standards and
requested that they be included in the Zoning By -law. Fourth, he advised that he
would like to see the Pit and Quarry issue be revisited to modernize the
requirements. Fifth, he felt that amenity space requirements should be minimized
in the Uptown area, in line with the comments form Mr. Brideau, Lastly, Mr.
Drinnan indicated he would like to see the city adopt increased standards for
wetland, watershed, and flood mitigation above and beyond those legislated by
other levels of government.
Ms. McShane championed the addition of the requirement for a two- chicken
minimum and to see the adoption of a wetland policy for the City. Ms. McShane
asked staff for clarity with respect to the proposal for accessibility standards and
requested clarity in terms of if Council was pursuing an accessibility standard.
Ms. Forfar indicated that many accessibility standards are related to buildings
and, as such, are included in the National Building Code. The Zoning By -law
deals specifically with site development standards and the new Zoning by -law
includes such things as barrier -free parking space requirements. She further
indicated that activities in the right -of -way are regulated separately.
Ms. Jacqueline Hamilton then indicated that Council made a referral at a recent
Council meeting requesting that staff provide a report that identifies all of the
ways in which the City is currently addressing accessibility through standards in
By -laws, policy or program delivery. Ms. Hamilton indicated the intent is that it
will be an information piece.
Ms. McShane indicated that she would like to find a balanced approach to
amenity space in the urban area. Ms. Forfar indicated as a note of information
that the amenity space requirements can always be applied to be varied through an
application process and reviewed the Planning Advisory Committee on a case -by-
case basis. She further indicated that amenity space requirements already exist
today in the current Zoning Bylaw, they have just evolved, as the current
standards are considered to be outdated. She advised that when intensification in
urban areas takes place, amenity space requirements in multi -unit developments
become very important as lower density forms of housing such as single - family
homes have amenity space included.
25
-15-
Mr. Morgan Lanigan then advised that he was very pleased to be here this
evening to see this through and be a part of this process. He advised that the
Zoning By -law is a key implementation piece of PlanSJ and that this is taking a
large step forward for this community. He also indicated that the By -law will be
helpful for the future, as it will ensure that the Committee is not dealing with an
old Zoning By -law and a new Municipal Plan. He thanked everyone again for
their significant time and feedback and advised that with the amount of feedback
received, he felt the final document reflected the wishes of the community.
Mr. Lanigan then advised that he was generally in favour of the By -law but had
some thoughts on a few issues. He advised that he would like to see Council look
at parking in urban areas in more detail and he supported Mr. Drinnan's request to
eliminate parking minimums. He advised that although this seems like a drastic
departure from the typical approach, it was becoming a best practice in many
other municipalities across North America particularly as municipalities move
away from suburban parking standards and Saint John could be on the leading
edge. He advised that parking requires land that takes away from the ability to
build buildings to generate more tax revenue and make dense, walkable
communities.
Mr. Lanigan also noted that the proposed zoning bylaw, as currently written,
would require any existing building that is demolished or burned down to require
on -site parking, whether or not that site previously contained on -site parking. He
expressed concern that this requirement could reduce the density of key areas,
such as the Uptown, Old North End, and Lower West Side over time by requiring
space for parking. He advised that he would like to see a provision that would
allow a building to be re- built, if it was destroyed by fire or demolition, to have
the same parking requirements that were provided on site in its pre - existing state
to ensure the existing density would be retained on that site.
He also advised that he would like to see the proposed 125% cap for required
parking for lots with 100 or more parking spaces be a standard that is applied to
all parking lots, regardless of their size. He cited his concern with a parking lot
that had a requirement for 99 or less spaces in that there would be no provision to
prevent the developer from putting in an unlimited number of parking spaces. He
reiterated that having a maximum cap for all parking lots will reduce the area of
asphalt and allow for more land to be developed with buildings that generate tax
revenue (intent: to avoid oversized parking lots in key urban and intensification
areas ).
Mr. Lanigan then indicated his support for shared parking between commercial
and residential uses and highlighted that a targeted study and master plan on
parking needs is required to be completed in the future. Ms. McShane clarified
how to address these issues as part of a motion this evening and indicated her
support for a provision to permit burned buildings to be replaced without
requirements for parking and implementation of parking maximums. She also
indicated that the parking issue may be addressed through the Master
Transportation Plan that is underway.
26
-16-
Mr. Lanigan then went over the list of PAC issues that had been identified
through their discussion, and identified the following:
(a) Permit new one -unit dwellings in the Urban Centre Residential (RC) zone;
(b) Re -visit the Pit and Quarry zone to bring them in line with community
expectations;
(c) Ensure there will be enforcement of the Zoning By -law;
(d) Develop a comprehensive package of development incentives;
(e) Address rail setbacks in the Subdivision By -law review process;
(f) Review the standards for construction of buildings within existing parking
lots (landscaping and beautification);
(g) Integrate open data through the implementation of the One Stop program;
(h) Reduce or eliminate amenity space requirements in the Uptown area;
(i) Provide a communication piece with impacted property owners about the
application process;
(j) Review the Heritage By -law to increase flexibility and facilitate urban
investment;
(k) Maintain the requirement for a two- chicken minimum in the Zoning By -law;
(1) Increase the community standard for wetland protection; and
(m) Do not require new on -site parking for a replacement building where the
original building has burned down or been torn down.
Mr, Lanigan reviewed the options for a recommendation by the Committee and
then asked if members were ready to formulate a motion for consideration. Ms.
McShane proposed to move staff recommendation with three additional
amendments for change:
(a) Permit new one -unit dwellings in the Urban Centre Residential (RC) zone;
(b) Do not require new on -site parking requirements for a replacement building
where the original has burned down in the intensification areas; and
(c) Maintain the requirement for a two - chicken minimum.
Mr. Falkjar proposed options in terms of how to address the issues that relate
specifically to the Zoning By -law versus the other issues that are outside of the
Zoning By -law that the Committee would like to have forwarded onto Council for
their consideration. The Committee discussed how best to bring forward the
motions as a group. It was decided to withdraw the first motion. Mr. Falkjar
indicated his support for the proposed amenity space standards and asked to better
understand how a reduced amenity space requirement, as proposed by other
Committee members, could be accommodated in the Uptown core.
27
-17-
Mr. Brideau indicated that there are facilities such as fitness and art galleries in
the Uptown and advised that as a developer himself he understood the need for
amenity space. However he questioned why he would provide a gym in one of
his developments when there is other large fitness centres in the Uptown. He then
indicated his support for the free market and advised that he provides amenity
space in his developments because the market wants it, however, he did not think
it was appropriate that he would be required to provide this.
He further advised that the requirement works against the return on investment
and if the bar is continually raised for developers then it will get them away from
investing in some areas. Given that many of the areas in Uptown already have a
good quality of life he questioned the need for a developer to provide additional
space. Mr. Brideau then indicated that he understood the need for amenity space
in more suburban or rural areas given the distance from services but reiterated that
he did not understand the requirement for it in the Uptown (intent: as it could
diminish demand for businesses already providing such amenities).
Ms. McShane asked for clarity with how the Committee could propose to reduce
or eliminate amenity space. Ms. Forfar indicated that staff are avid proponents of
the standards for amenity space, and that they do understand it is an additional
cost, however, the experience in the development shop indicates that the new
standards will reward developers for what they are already doing. She indicated
that wealthy projects will always provide amenity space however the Zoning By-
law sets a minimum community standard for this requirement regardless of
income to ensure people have equal access to private and public amenity space
inside their buildings.
Ms. Forfar suggested that the Committee should attach any proposal to reduce or
eliminate the requirement for amenity space in a defined area, such as that defined
by Schedule C Uptown Parking Exemption Area or Schedule D Intensification
Area for the Waterloo and Southern Peninsula. Alternatively the Committee
could attach the elimination or reduction to a zone such as the RC zone.
Ms. McShane indicated that she did not want to negatively affect those who are
providing amenity space. Mr. Brideau indicated that he was in favour of a free
market approach to this and preferred to eliminate the requirement for amenity
space in the Uptown area. Ms. Forfar confirmed for the Committee that if
amenity space is not a requirement it is simply not a consideration as part of a
review process, Mr. Brideau reiterated that he is not in favour of a reduction but
rather he wanted to see an elimination of the requirement in Uptown as he felt
there was no shortage of amenities in the Uptown and proposed to use Schedule C
and D as the area to define this.
Mr. Lanigan proposed an exploration of parking minimums as part of a motion for
Council to consider. Ms. McShane proposed another motion for the Committees
consideration: to move staff recommendation with four additional amendments
for change:
-18-
(a) Permit new one -unit dwellings in the Urban Centre Residential (RC) zone;
(b) Not require on -site parking for a replacement buildings in Schedule D:
Intensification Area (Waterloo Village and Peninsula);
(c) Maintain the requirement for a two - chicken minimum; and
(d) Eliminate the amenity space requirement in the areas identified on Schedule
D: Intensification Area (Waterloo Village and Peninsula).
Mr. Brideau raised the issue of providing a further reduction of parking beyond
the 20% provided in the intensification areas. He questioned whether the 20%
was adequate or not and advised that he felt this was not enough for this area.
Ms. McShane indicated support with a market - driven approach; however, she
indicated her concern that there is not the appetite to pursue it at this time. She
also supported this as an item for further review.
Mr. Falkjar indicated support for the staff recommendation in the By -law. He
indicated that he views the parking issue as being more complex and he supported
a broader rev=iew of parking needs prior to making further changes at this time.
He indicated his support for the approach taken in the draft By -law as being a step
in the right direction at this time. Mr. Miller also expressed support for a free -
market approach as there is not a lot of infill taking place and that he did not feel
there is built -up demand for parking. Mr. Lanigan indicated support for more
parking to be provided on street. Mr. Falkjar indicated he is not in favour of more
surface parking lots or tearing down building for surface parking. He reiterated
he felt parking is a bigger issue and advocated for a more strategic parking review
to take place in the Uptown prior to making further changes at this time.
Ms. McShane indicated that she would not support an elimination of parking
requirements but would entertain an appropriate reduction. Mr. Brideau
supported Mr. Falkjar in that parking is a more complex issue. He indicated he
believed there is a shortage of development, not parking, and he would support a
further reduction beyond the 20% proposed. He 'indicated his support to reducing
parking rather than saying no to a development and indicated the new project at
the corner of Waterloo and Golding Street as an example.
He further advised parking is very expensive and used the new parking garage as
an example, advising that the cost affects the return for investors and can
discourage investment. He indicated that developers are in the best position to
know what makes sense financially for a project. He agreed that conditions to
ensure a building looks great are good but he cautioned against setting the bar too
high so that investors can't make the numbers work and do not invest. He
reiterated he was not convinced the 20% reduction was enough.
Mr. Falkjar reiterated his support for a comprehensive parking strategy for the
Uptown and that a proposal for a further reduction can be handled through a
parking variance process. Mr. Brideau indicated he is not aware of what the right
number is but would support a study to find out what the right number is and to
make that change in the future.
29
-19-
Ms. McShane indicated that the motion could stand and that a secondary motion
could be made separately to recommend a comprehensive review of parking
needs in the Uptown. Mr. Lanigan asked staff to explain how the 20% reduction
for intensification areas was determined. Ms. Forfar indicated that staff did try to
provide a balanced approach to this. She advised that all parking standards have
now been rationalized based on national engineering standards. In the
intensification areas the intent behind the 20% reduction was to provide an
incentive for investment in these areas. Outside of having good technical
information available at this time, it was put out as a question to a consultant as
part of the peer review. The consultant came back with an option of a 15%
reduction (0.$5% of the standard). Staff proposed to push it slightly further with a
20% reduction (0.50 of the standard).
Ms. Forfar further indicated that the Master Transportation Plan that is moving
ahead will provide some guidance with parking and will help to inform potential
changes with this standard in the future. She further advised the Committee that
often times significant reductions in parking are brought forward alongside
significant investments in transit and Saint John is on the cusp where we have not
really gone in either direction just yet. She advised that staff did anticipate
revisions to this number in the coming years based on the results of the
Transportation Master Plan.
Motion carried.
Ms. McShane put forward a second motion to propose an additional series of
recommendations to Council:
(a) Explore further reductions in parking for areas identified in Schedule C and
D (Waterloo Village /Peninsula) as part of the Transportation Master Plan;
(b) Explore the opportunity for eliminating parking minimums (free- market
approach) as part of the Transportation Master Plan;
(c) Conduct a full review of the Pits and Quarry zone to modernize the
approach;
(d) Develop an improved enforcement program to better monitor development
conditions imposed by Common Council and the Planning Advisory
Committee;
(e) Develop and promote a package of financial and / or non - financial
development incentives;
(f) Incorporate an open data policy into the One -Stop Development Shop
program as a requirement for its implementation;
(g) Develop a communication strategy for the community to reiterate the public
process that is available for all applicants;
(h) Conduct a thorough review of heritage by -law to modernize the approach,
specifically to encourage new infill construction;
30
-20-
(i) Pursue rail setbacks in conjunction with the upcoming Subdivision By -law
review;
(j) Review the approach to landscaping and development standards for new
developments within existing parking lots; and
(k) Review and develop community wetland and flood mitigation policies
beyond those required by the Provincial and Federal Governments.
Mr. Lanigan summarized Ms. McShane's motion and the Committee passed the
motion. The Committee thanked staff and the community for their attendance and
support. After considering the report, the Committee adopted an amended staff
recommendation set out below.
RECOMMENDATION:
1. That Common Council approve the final draft of the Zoning By -law [July
2014] with the further changes identified in Appendix B, and the
housekeeping amendments to the Municipal Plan identified in Appendix C,
with the following four further changes:
(a) Permit new one -unit dwellings in the Urban Centre Residential (RC)
zone;
(b) Not require on -site parking for replacement of buildings in the area as
shown on Schedule D: Intensification Areas (Waterloo Village and
Peninsula);
(c) Include a provision in Section 9.10 requiring a minimum of two
chickens; and
(d) Eliminate the amenity space requirements in the area as shown on
Schedule D: Intensification Areas (Waterloo Village and Peninsula).
2. That Common Council consider the following:
(e) Explore further reductions in parking for areas identified in Schedule C
and D (Waterloo Village /Peninsula) as part of the Transportation Master
Plan;
(f) Explore the opportunity for eliminating parking minimums (free- market
approach) as part of the Transportation Master Plan;
(g) Conduct a full review of the Pits and Quarry zone to modernize the
approach;
(h) Develop an improved enforcement program to better monitor development
conditions imposed by Common Council and the Planning Advisory
Committee;
31
-21-
(i) Develop and promote a package of financial and / or non - financial
development incentives;
(j) Incorporate an open data policy into the One -Stop Development Shop
program as a requirement for its implementation;
(k) Develop a communication strategy for the community to reiterate the
public process that is available for all applicants;
(1) Conduct a thorough review of heritage by -law to modernize the approach,
specifically to encourage new infill construction;
(m)Pursue rail setbacks in conjunction with the upcoming Subdivision By -law
review;
(n) Review the approach to landscaping and development standards for new
developments within existing parking lots; and
(o) Review and develop community wetland and flood mitigation policies
beyond those required by the Provincial and Federal Governments.
Respectfully subm' 'ed,
M rgan igan
Chair, PI ing Advisory r im
cti r.
32
Y
Planning Advisory Committee V VAC
01:� Aa. 2,01 am
Zone SJ �°-
Re: Pids #55222061, 00287474, 55222079
052500 NB LTD, o/a AI's Ultra Car Sales and Service, EST 1992
Thank You,
We are before the PAC, with regards to the planned adoption of ZoneSJ. We would like to have
the proposed zoning of our properties CC (Commercial Corridor), before the formal adoption of the
zoning takes place. It is imperative that the Municipal Plan and Proposed Zoning By -Law be aligned to
reflect our existing use.
✓ According to ZoneSJ, our long term established business falls within the the parameters of
Commercial Corridor Zone (CC) designation as set forth by the city itself. (Appendix A). The
planning dept. has now reverted on what they initially had proposed and now are proposing
General Commercial (CG) zoning (with numerous exceptions), as our Car Dealership does not fall
within the permitted uses for General Commercial Zoning. Our business has existed for almost
25 years at this location, and we are not asking for anything more than to Be Zoned for
what we Atread'y are. We are asking For Commercial Corridor Zoning with only one
exception, that being our residence attached to the business for health & security reasons.
✓ When ZoneSJ was coming into place, a town hall meeting was held in West Saint John, in Sept
2013, by city planning officials. They explained the proposed zoning to the attendees. I attended
this meeting and when the meeting was over, I was asked to join the members of the planning
dept. at the back of the room, where on their city laptop they pulled up our properties. They
showed me the proposed zoning and that we would be Zoned Commercial Corridor (CC) and
assured me I had nothing to worry about.... I was also told to get a building permit in place to
renovate current residence before the formal adoption process, which I bought after the town
hall meeting..... for $1700, good for one year which I have had to put on hold till this zoning
issue is resolved. Since that meeting I was surprised that city officials had reversed the
Commercial Corridor Zoning to General (CG) zoning from a letter dated Jan.24th, 2014.
The Planning Dept. at the stoke of a pen has reverted the proposed zoning I was told I had.... We
had an expensive detailed appraisal of our property dated Nov 19th, 2013, and within that
appraisal, it says he verified zoning with city officials and was proposed to be Commercial
Corridor (CC) Zoning, and expected to be adopted in 2014. We have also paid to retain the
services of Hughes Surveys to make sure we did everything right with regards to city. We also
have a copy of letter sent from Hughes Surveys to Jacqueline Hamilton (Planning Dept.),
thanking her for the consideration of CC Zoning on behalf of his clients, (us) dated Nov.271h,
2013. From there I paid for and developed a long term business plan for my bank, for growth
and development of my existing business. This reversal to general commercial (CG) zoning
detrimentally affects me financially, and my future business growth. Now after numerous
letters and meetings with the planning dept. to have this rectified, to no avail... we are now
before you.
33
✓ The city has recently acquired a property very close to us, (formerly Fundy Fencing), and
designated that property and all the properties along that area as Commercial Corridor (CC)
Zoning, which previously had the same 132 zoning we had. Some of these properties which are
zoned Commercial Corridor are RESIDENCES. This Commercial Corridor Zoned strip of property
is directly across the street from a brand new huge multimillion dollar Sub- division and New
Garden Homes. Please see pictures of Businesses that have newly acquired Commercial
Corrridor Zoning, due to newly acquired City Building.( Appendix B C D E).
✓ We are an independent, locally owned and operated business and take Great pride in our city.
We are only asking what is fair, and that our properties are zoned for their existing usage. We
are asking to be zoned Commercial Corridor with limitations, and with only one exception, our
residence. We take Great pride in the appearance and up keep of our property. Also Our
location is perfectly suited for Commercial Corridor Zoning, as we own the 30 Acres behind us
and surrounded by Provincial Highways. (Appendix F G )
✓ We are asking for the proper CC Zoning for our long established business, since we already
operate under several Commercial Corridor permitted uses ( see Appendix A), and we want
proper recognition, which Commercial Corridor gives us. We are not asking for approval of all
the permitted uses outlined in the Commercial Corridor Zoning. We are more than willing to go
through formal processes in the future to expand our current operation. The only recognized
exception within the Commercial Corridor zoning should be our residence.
Thank You for giving us the opportunity to express our issues with ZoneSJ and hopefully we can rectify
these issues, within this process. As I mentioned Hughes Survey's has been helping us with our zoning
issues and Mr. Rick Turner is here tonight to answer any questions you may have.
Thank You
AI Williams
Karen Connell
34
0
4ppi__nj)): f t
1.5.1 MUNICIPAL PLAN
L;l ./? si
I-j
pl,
:Iz
_yy
•
,IF'+ -
MF
�o tv
11's.2 PERMITTED USES
Im
M-1
35
rz
, 7qa=4,'
4)KA$ T i Ll V 0-1; 'AiNt 1011M tOWill 9 oafiw�Wr.
Newli ACLU;t-SC5.- Cit3
(law Corrt'cjor-
VJO C5 a F
W 36
I
��►'a i flex'� ti� r
4
P
h
s
37
'r
i
_ ' -
_11
Y 1
"rim
a�
iF
.�
ivy
W,4.�
Jost
W4 ov
qpw
qw
'�* ►
R(
of, R&mj
Rural Area 70
,Rural Resource
6
Draft PI.-an
Rur�I
�Sourc_ CD
I dondmiolr-'
NeviL (11-N
"I 01, rec ,, - .\ Cocr; Aoc- Zc),ni"A
r\o I fnerc-l— $�j-
FLU Urban
Ci Reserve N
able
denfial
E,-It 114 Ramp
Rural ,
Bsourc
e/
Density RUM /104
id
Resource.
"'
ential
Stable
1 ential
,4
ble
plommercid
Stable
Residential
Stable
Residential
�, '�� ^��� �� Urban MO t.
t Ir
Resuve
T14 Ram
-�rk r Exit 114 Ramp
-f"d'
:0,9
01 Rural
,.Rural ...,Area ;IP Resolurce t
.ell
Reso'urce
39
Park ani
Natural
Area
Stable
,'siclent
ial
J:)
prow%
Vic
2086' Ocean Wo-stway
(TI mkq"� Tint �oril �vo IONTS-vll 2561rit Jv4m- C?,rj L'o-N I K.Irrwrql
all
r
Our
5 rd Zen r1q
rL ®C�+ o'ao13 b!
e,5+ af7 Oor
Map crated h-I the City of Saint John
Cade proAuite par The City of Saint Jahn
^a- 2014 The Cit of Sa.'d John
41
September 3, 2014
PLAN SJ
PROPOSED NEW ZONING BY -LAW FOR THE CITY OF SAINT JOHN
OWNERS: JUDIANNE, DENNIS AND MICHELLE LUCK
Re: PID #0325209 PID #00433755
Existing RS1 one family lot area 4,000 square meters lot width 54 meters lot depth 38 meters
Proposed RU one family lot area 40,000 square meters lot width 120 meters lot depth 80 meters
LOCATION: LOCH LOMOND RD.
To whom it may concern,
This letter is to further express our opposition to Plan SJ. We have formally expressed in writing,
November 22, 2013 (attachment), our concerns regarding the proposed rezoning. An acknowledgement
of receipt was received; however, our concerns were not addressed adequately.
We oppose Plan SJ for the following reasons:
(1) The reclassification discriminates among land owners with properties located within the city
limits and devalues existing properties
(2) The restriction of residential development in so called "rural areas"
a. discourages developers from establishing new residential dwellings in areas of demand
b. further encourages urban sprawl and the development of outlying communities
(Rothesayand Quispamsis)
We oppose Plan SJ as the proposed zoning revision from RS1 to RU under Plan SJ has devalued our
properties located in Lakewood on the loch Lomond Road, essentially making them worthless and
preventing development. The intent has always been to develop these properties when economic
conditions in Saint John improved. This is evidenced by the subdivision of these land parcels to provide
a 66ft right of ways for future development and, although not registered, the establishment of a
preliminary subdivision plan for single family residences for PID # 0325209. At the time PID #0325209
was being considered for acquisition, it was acknowledged by the SJ Planning Commission that this area
was slated for city services in the Phase 2 of the municipal plan. This was a major influence on the
acquisition of this property and development of Lakewood Guardian Pharmacy.
Similarly, a second single family development plan was prepared for PID #00433755, but not registered.
This was to further support the development of an adjacent property and provide a land swap.
The implementation of Plan Si will be exercising discrimination among existing land owners who
maintain parcels of land within the city with close proximity to city amenities. It is preposterous to
reclassify certain parcels of land in a proposed "rural" setting as an RU zone while adjacent properties
remain classified as RS1. Furthermore, it is ridiculous that the main artery, Loch Lomond Road, to the
42
city of Saint John with properties located anywhere from S to 15min from the downtown core and the
primary retail area of the city (McAlister Place and East Point) would be considered rural.
The proposed rezoning restricts development in areas of potential growth. "Rural' settings located
close to city amenities are a growing area of demand. Land developers only develop when there is a
demand and minimum risk. It is improbable that a developer would consider selling 10acre lots under
the reclassification as the cost to establish an access road would far exceed the sale of the land.
Moreover, why would a buyer live within the city limits at an increased expense?
The city has always had control over development through existing Planning Advisory and Council
determinations. To say Plan SJ will prevent urban sprawl and control development in specific serviced
areas is an exaggeration at best. The restriction of development in "rural" areas will simply encourage
further urban sprawl with "would be" residents to migrate to Rothesay and Quisparnsis. The resulting
outcome is a further population decline in the City of Saint John, reduction in tax base, use of city
amenities and facilities while encouraging further growth and support of business in outlying areas.
We trust in your attention and consideration to this zoning change and the implications to land owners,
and the future population and tax base of the City of Saint John,
Yours truly,
Judianne
Dennis Lu
Luck
ck
Michelle Luck }�
43
The MY of saint john
December 101h, 2013
Judianne Luck & Michelle Luck
3749 Loch Lomond Road,
Saint John, NB
E2N 1C3
Dear Mss. Luck;
Re: ZoneSJ Submission
Please accept this message as an acknowledgment that we have received your recent submission on
November 28, 2013 concerning the ZoneSJ project. Questions concerning individual properties or of the
proposed zoning by -law standards will be answered as quickly as possible, although it may take some
time to draft a response depending on the complexity of the question(s). We kindly ask for your
patience during this period as we are processing a significantly higher number of inquiries than normal.
if your inquiry does not contain a property specific matter but instead has general comments, these will
be considered by Planning Staff during a further internal review of the Draft Zoning By -law and will
ultimately be included in the Report on Public Feedback to Common Council.
We thank you for your interest in this project and encourage you to remain involved in this important
step in the process toward formal adoption of a new Zoning By -law for the City of Saint John.
Sincerely,
Sta orfar,
Deputy Commissioner,
Growth & Community Enrichment
City of Saint John
Stacey.forfar @saintiohn.ca
Front desk: 658 -2835
j6 � =�!
yd v�yj7
SAINT JOHN
P.O. Box 1 971 C.P. 1 971
Saint John, NB Saint John, N. -B.
Canada E2L 4L3 Canada E2L 4L1
www.saintjohn.ca
44
ri
r �
January 24, 2014
Michelle and Judianne Luck
3 749 Loch Lomond Road
Saint John, NB E2N 1C3
MAILED
Dear Michelle and Judianne Luck:
Re: Response to ZaneSJ Submission
Various Properties
Thank you for your submission on November 26, 2013 with respect to your various properties,
identified as PID numbers 00433755, 55037410, and 00325209.
To provide some background, the City adopted a new Municipal Plan, known as PlanSJ, in January of
2012. The Plan serves as a guide for development and investment across the City for the next 25 years
and focuses the majority of new development inside of the Primary Development Area (PDA) where
municipal services are available. The areas outside of the PDA are designated for rural -based land uses.
In order to implement the land use designations, the primary purpose of ZoneSJ, while balancing the
nature and range of legally established land uses, the draft zoning by -law proposes zones that are
consistent with the land use designations that are in place.
As an aside, all existing and proposed draft zone standards referenced in this letter have been attached
for your information. Most importantly, please note the current draft of the zoning by -law is just that, a
draft zoning by -Iaw. The recommendations in this letter will be incorporated into the final revised draft
that will be presented to the community and Common Council in February 2014 for their consideration.
The final document must be translated prior to being formally adopted and as such, it is anticipated that
the final zoning by -law will be back before the community and Common Council in the summer 2014
for formal adoption. Please continue to stay informed of this important process as it moves ahead this
year.
t
M�
SAINT JOHN
P.O. Box 1971 C.P. 1971
Saint John, NB Saint John, N. -B.
Canada F2L4L1 Canada EA 4L1
www saintjohn.ca
45
-2-
Loch Lomond Road / Sproule Road
PID number 00433755
The subject property is located outside of the PDA and is designated primarily Rural Resource, as
illustrated on the attached excerpt of the Future Land Use Map. In order to implement this land use
designation, the primary purpose of ZoneSJ, while balancing the nature and range of the legally
established land uses on this site, the draft zoning by -law proposes to zone the site from the existing One
and Two Family Suburban Residential (RS -1) and Rural (RF) zones to the draft Rural (RU) zone.
With respect to the existing development permissions under the current One and Two Family Suburban
Residential (RS-1) zone, it is important to recognize that this zone only permits a maximum of six (6)
new lots with frontage on an existing public street. Under the old Municipal Plan, rural residential
subdivisions requiring new streets required rezoning to Rural Residential (RR) to be approved. Due to
the unserviced nature of these subdivisions, this process also often required water quantity and quality
studies to be undertaken as conditions of any approval granted.
Airport Arterial
PID number 55037410
The subject property is located outside of the PDA and is designated Rural Resource, as illustrated on
the attached excerpt of the Future Land Use Map. In order to implement this land use designation, the
primary purpose of ZoneSJ, while balancing the nature and range of the legally established Iand uses on
this site, the draft zoning by -law proposes to zone the site from the existing Rural (RF) zone to the draft
Rural (RU) zone.
The minimum lot size of 4 hectares proposed in the draft Rural (R U) zone is the same minimum lot size
that has been required in the existing Rural (RF) zone; a requirement that has been in place for decades.
This large minimum lot size is a community growth management tool found in most Rural -type zones.
As such, the ZoneSJ team continues to recommend the proposed approach to this property in the drab
zoning by -law.
The ZoneSJ team has reviewed your inquiry with respect to the existing parcel access for this site.
Under the existing Subdivision By -law, when new subdivisions are considered, it is a requirement to
provide proposed future street connections to adjoining parcels, to ensure the proposed development
does not prejudice future development of the adjacent parcel. Based on the development applications
received to date, none have extended to this property at this time. Beyond the subdivision process, there
is no opportunity for the City to become involved in resolving the issue of how the property is accessed.
Hillcrest Road 1 Loch Lomond Road
PID number 00325209
The subject property is located outside of the PDA and is designated primarily Rural Resource, as
illustrated on the attached excerpt of the Future Land Use Map. In order to implement this land use
designation, the primary purpose of ZoneSJ, while balancing the nature and range of the legally
established land uses on this site, the draft zoning by -law proposes to zone the site from the existing One
and Two Family Suburban Residential (RS -1) zone to the draft Rural (R U) zone.
-3-
With respect to the existing development permissions under the current One and Two Family Suburban
Residential (RS -1) zone, it is important to recognize that this zone only permits a maximum of six (6)
new lots with frontage on an existing public street. Under the old Municipal Plan, rural residential
subdivisions requiring new streets required rezoning to Rural Residential (RR) to be approved. Due to
the unserviced nature of these subdivisions, this process also often required water quantity and quality
studies to be undertaken as conditions of any approval granted.
With this understanding, under the existing RS-1 zone for the property identified as PID number
00433755, this property currently has the right to proceed with approximately four (4) residential lots,
based on the existing public street frontage available on Hillcrest Road. There are no further residential
subdivision permissions for the portion of this site fronting Loch Lomond Road, as the existing public
street frontage has already been subdivided for residential and commercial lots.
Under the proposed draft Rural (RU) zone for this property, which is not substantially different from the
existing Rural (RU) zone, each lot must be four (4) hectares in size and have a minimum of 120 metres
of public street frontage. Based on the existing public street frontage available on Hillcrest Road, the
proposed zone retains the opportunity to potentially subdivide two (2) residential lots.
If you are not already on our email list and would like to be added, please advise us by sending through
an email to plannin @saintjolim . If you have any further questions please do not hesitate to contact
US.
Growth & Community Development Services:
10th Floor, City Hall
P.O Box 1971, Saint John, NB E2L 4L1
Email. planning (@saintiohn.ca
Tel: 658 -2835
ZoneSJwebsite: www.sainfohn.ca/zones'
Sincerely,
Stacey Forfar, MBA, MC1P, RPP
ZoneSJ Project Team Lead
Deputy Commissioner, Growth & Community Enrichment
Attachments Excerpts, Future Land Use Map
Excerpts, existing and proposed zoning
Existing One and Two Family Suburban Residential (RS -1) zone
Existing Rural (RF) zone
Draft Rural (RU) zone
Draft Rural General Commercial (CGR) zone
47
Legend
Subject Property (ies)
PID(s): 00433755
Municipal Plan Designation: Rural Resource, Rural Residential and
Park and Natural Area
Date: January 24, 2014
0 125 250 500
1 1 1 1 t H
Meters
" Lftp emated by the City or SarM John
:.., Cade produRe perThe Uly or bare! Jim
T r C 2014 The Cky ar Sakt John
SAINT JOHN
r S Loch Lomond Road 1 Sproule Baud
- c -n
Legend
Subject Property (ies)
PID(s): 00433755
Existing Zoning: "RS -1" One and Two Family Suburban Residential
and "RF" Rural
Draft Zoning: Rural (RU)
Date: January 24, 2014
0 200 400 Boo
Meters
Map eroated by the fyty of Saint John
Cute produile parThe OW of Sala John
02014 The Cky of Sebt John
SAINT JOHN
" + Airport Arterial,
Legend
Subject Property (ies)
PID(s): 55037410
Municipal Plan Designation: Rural Resource
Date: January 24, 2014
0 125 250 500
I l I r � l I I I
Meters
OF. Map created by the City of Saint John
Carte produlle par The Cily of Saint John
O 2014 The City of Saint John
SMNT JOHN
rte . Airport Arterial
Legend
Subject Property (ies)
PID(s): 55037410
Existing Zoning: "RF" Rural
Draft Zoning: Rural (RU)
Date: January 24, 2014
0 200 400 800
Meters
Map created by the City of Saint John
Carte produite per The City of Seim John
Q 2014 The City of SeInI John
SAINT JOHN
Legend
Subject Property (ies)
G■ ■ H Primary Development Area
PID(s): 00325209
Municipal Plan Designation: Rural Resource, Rural Residential and
Park and Natural Area
Date: January 24, 2014
a 175 350 700
Meters
hlap created by the Cky of Saint John
Carte produtle parThe Cky of Saint John
02014 TIM CkY of Saint John
SAINT JOHN
7-Pr!P--N
Hillcrest Road I Loch Lomond Road
Legend
Subject Property (ies)
PID(s): 00325209
Existing Zoning: "RS -1" One and Two Family Suburban Residential
and "B -2" General Business
Draft Zoning: Rural (RU) and Rural General Commercial (CGR)
Date: January 24, 2014 53
0 300 800 1,200
.L._ , L r
Meters
lax rap en3ated by ft ray or saint ift
Carte pmdulle per The City of Saint John
M 2014 The City of saint Jahn
SAINT JOHN
110 ONE AND TWO FAMILY SUBURBAN RESIDENTIAL R( S-1)
(1) Uses
Any land, building or structure may be used for the purposes of, and for no other purpose
than,
(a) the following uses:
- a one-family dwelling;
- a two- family dwelling;
- subject to Section 810(1), a group home;
- subject to subsection (2)(a), an agricultural use;
a park or playground;
- subject to Section 810(3), a home occupation;
- as a secondary use to a residence, a kindergarten, nursery or day care centre for
not more than six children;
(b) the following uses subject to such terms and conditions as maybe imposed by the
Committee:
- subject to Section 810(2), a convenience store with or without ancillary take -out
restaurant and dwelling unit;
- as a secondary use to a convenience store, gasoline sales;
subject to the Mobile Home Parks Sy -law, a mobile home park;
a personal service shop;
as a secondary use to a residence, a kindergarten, nursery or day care centre for
more than six children;
subject to Section 810(11)(b), the excavation of land greater than one metre
for the purposes of preparing the site for development permitted in the zone;
(c) subject to Section 830, an accessory building, structure or use, incidental to a use,
building or structure permitted in this Section.
(2) Conditions of Use
(a) the keeping of domestic animals is permitted only in conjunction with the residential use
of a lot and subject to the following standards and conditions:
17
54
110 RS-1 ZONE
(3) (g) (i) - split - level .................................. .............................79 square metres
-1Y2, 2 or 3 storey ...................... .............................B9 square metres
(ii) for a dwelling, other than a semi - detached
- single storey ............................ .............................74 square metres
split - level .................................. .............................59 square metres
-
1%, 2 or 3 storey ...................... .............................52 square metres
(h) Maximum height ...................................... ..............................9 metres
- the maximum height may be increased to 11 metres, if
minimum side yards of 9 metres are provided.
iim,
55
720 RURAL (RF)
(1) Uses
Any land, building or structure may be used for the purposes of, and for no other purpose
than,
(a) the following uses:
one- family dwelling;
two- family dwelling;
- church;
- community centre and
grounds;
- elementary school;
- high school;
- vocational school;
subject to subsection 810(3),
a home occupation;
- library;
- park or playground or wood -
lot;
- as a secondary use,
* subject to subsection
(2)(a), farming or the
keeping of animals;
* fishing, but not
including processing or
sales on the premises;
- subject to Section 810(1), a
group home;
(b) the following uses subject to such terms and conditions as maybe imposed by the
Committee:
commercial recreational facilities including golf, tennis, boating, swimming,
skiing but not including automobile, cycle, or horse -race tracks;
subject to Section 810(2), a convenience store, with or without ancillary take -out
restaurant and dwelling accommodation;
as a secondary use to a convenience store, the sale of gasoline;
hospital for the treatment of animals;
institution of an educational or philanthropic nature;
subject to the Mobile Home Parks By -law, mobile home park;
- office for one or two practitioners of medicine or dentistry;
private club, fraternity or lodge without a license under the New Brunswick
Liquor Control Act;
136
56
720
RF ZONE
(3) Zone Standards
(a)
Minimum lot area
adwelling ................................... ............................4.0
hectares
- other .... ............................... ..........................4,000
square metres
(b)
Minimum lot width
a dwelling ............... ............................... ...............120
metres
other..................................... .........................• - -.60
metres
(c)
Minimum lot depth .................................. .............................38
metres
(d)
Minimum front yard ................................. ..............................9
metres
(e)
Minimum rear yard ................................. ............................7.5
metres
(f)
Minimum side yard
- 15 per cent of the width of the lot to a
maximum of 9 metres
(g)
Minimum ground floor area:
(i) for a semi - detached dwelling
- single storey .. ..................... .............................99
square metres
- split-level ............................ .............................79
square metres
- 1'/, 2 or 3- storey ................ .............................69
square metres
(ii) for a dwelling, other than a semi - detached
- single storey ....................... .............................74
square metres
- split - level ............................ .............................59
square metres
- 1 %, 2 or 3- storey ................ .............................52
square metres
(h)
Maximum height ..................................... .............................11
metres
138
57
14.5.11 UivJl ICIPAL PLAN
-*A
The RU Zone accommodates resource related activities such as
agriculture, fishery and forestry operations. Certain other land
uses appropriate in the rural area are also allowed. While this is
not a residential zone, limited residential development is permitted
on existing unserviced properties or by the creation of very large
new parcels to ensure such development does not interfere with
permitted resource activities. Appropriate Secondary Uses are also
allowed in this zone.
The RU Zone is intended for land outside the Primary Development
Area that is designated Rural Resource. However, land in other
appropriate designations could be zoned RU.
Any land, building or structure may be used for the purpose of, and for no other purpose than, the following:
(1) Agricultural Use;
(2) Animal Shelter,
(3) Bed & Breakfast, subject to Section 9.2;
(4) Day Care, Home, subject to Section 9.5;
(5) Day Care, Neighbourhood, subject to Section 9.5;
(6) Dwelling, One- Unii;;
(7) Dwelling, Two -Unit;
(8) Equestrian Facility;
(9) Fishery;
(10) Forestry Use;
(11) Home Occupation, subject to Section 9.9;
(12) Kennel;
(13) Mobile or Mini -Home, subject to subsection 14.5.3;
(14) Supportive Housing, subject to Section 9.14;
(15) Veterinary Clinic.
' DRAFT CITY 4F SAIN7 )OHTI ZOI±IIJ+% 1#Y�Li+t(,3
58
�C&nsi
The CRG Zone accommodates small to medium sized, unserviced
commercial uses serving rural areas. Generally characterized
by small-scale mu&tenant strip -mall type of commercial
development and may contain more than one main commercial
building on a lot
The CRG Zone is intended for land that is outside of the Primary
Development Area and designated Rural SeifkmentAreo, or
RuralResirtenti 1. However land in other appropriate designations
could be zoned CRG.
. T 1.2 PERT' ZTTED USES
Any land, building or structure may be used for the purposes of and for no other purpose than:
(1) Artist or Craftsperson Studio
(2) Bakery
(3) Banquet Hall
(4) Bed Ss Breakfast
(5) Business Office
(b) Community Centre
(n Community Policing Office
(8) Contractor Service, Household
(9) Day Care Centre
(10) Dwelling Unit, subject to section 11.11.3(a)
(11) Dwelling Unit, Existing
(12) Financial Service
(13) Grocery Store
(14) Health & Fitness Facility
(15) Incidental Vehicle Sales
(16) Library
(17) Medical Clinic
(18) Parking lot, Commercial
(19) Personal Service
(20) Pet Care Service
(21) Place of Worship
(22) Private Club
(23) Restaurant
(24) Retail Convenience
(25) Retail General
(26) Service lir Repair, Household
(27) Service Station, subject to section 11.11.3(b)
(28) Technical or Vocational School
(29) Vehicle Repair Garage, subject to
subsection 11.113(c)
(28) Veterinary Clinic
76 /���
59
.5
Date: August 20, 2014
To: Planning Advisory Committee
From: Community Planning and Development
Growth and Community Development
Subject
Application Type: Adoption of the draft Zoning By -law and housekeeping
amendments to the Municipal Plan
Power of Committee: The Community Planning Act authorizes the Planning Advisory
Committee to give its views to Common Council concerning
proposed amendments to the Municipal Plan and the adoption
of a new Zoning By -law. Common Council will consider the
Committee's recommendation at a public hearing on Monday
September 8, 2014.
Summary
On July 7, 2014 Common Council referred the third and recommended draft of the Zoning
By -law (ZoneSJ) and housekeeping amendments to the Municipal Plan (P1anSJ) to the
Planning Advisory Committee for a report and recommendation. Common Council
members were provided with a copy of the final draft Zoning By -law on Friday July 4, 2014
and the Planning Advisory Committee (PAC) members were provided with a copy on
Friday July 11, 2014.
This final report and draft Zoning By -law follow a significant program of community and
industry engagement to ensure a final recommended Zoning By -law that implements the
spirit and intent for community development standards embodied in the award winning
PlanSJ.
Adoption of ZoneSJ and PlanSJ Amendments Page 11
.1
Recommendation
That the Planning Advisory Committee recommend to Council the approval of-
1. The final draft of the Zoning By -law [July 2014] with the further changes identified
in Appendix B of this report, and
2. The housekeeping amendments to the Municipal Plan identified in Appendix C of
this report.
The ZoneSJ Project
With the adoption of PlanSJ in January of 2012, Council embarked on a new and
progressive direction to managing growth and development over the next 25 years in Saint
John. PlanSJ is a community vision and is intended to be implemented over time through a
multitude of regulatory mechanisms and community and government partnerships. It is
also a living document and as such, is intended to evolve and change over time to ensure
the direction and approach remains current and reflective of the changing needs and
expectations for Saint John.
With the adoption of PlanSJ, a modernized zoning by -law that implemented the land use
framework in the Plan became a requirement under the Community Planning Act. As such,
the ZoneSJ program to develop the first new comprehensive Zoning By -law in decades was
launched in the spring of 2012. Working from the structure for future land use, detailed in
chapter 3 of PlanSJ, the community planning team began the substantial undertaking of
drafting a modernized regulatory foundation for community development standards in
Saint John; one that embodies the spirit and intent for future land use in PlanSJ.
The One -Stop Development Shop Program
The adoption of ZoneSJ is not just about a new Zoning By -law, it is part of a much larger,
strategically integrated program that is driving positive change through a unified approach
to delivery of the development service. The adoption of ZoneSJ means implementation of
the foundation for land use planning in PlanSJ, and the first major milestone in the
advancement of the Council- driven One -Stop Development Shop program.
ZoneSJ is the cornerstone to a suite of modernized, integrated and complementary by -laws
that will guide and direct the development service in the future. The guiding principles for
ZoneSJ influenced the guiding principles for the One -Stop program, supporting key
outcomes for the future development service including streamlining approvals and
creating more consistency and transparency for investors. Having modern development
standards entrenched in by -laws and administered through a cohesive and complete
system, the community is safeguarded and the industry has a clear and predictable
framework in which to make investment decisions. This is what One -Stop is all about.
Adoption of ZoneSJ and PlanSJ Amendments
61
Page 12
The ZoneSJ Process
In October of 2013, after nearly 18 months of research, testing, review and debate, the
first full working draft of Zan eSJ was publicly released. This marked the start of a focused
seven -week Iong public review and consultation period, intended to solicit feedback on the
draft community development standards. This review period included multiple public
events, dozens of one -on -one consultations with interested property owners and residents,
as well as a series of supporting review materials including an online interactive map.
During this time, focused reviews with key stakeholders including the Planning Advisory
Committee, Common Council, and industry took place, as well as a professional peer review
of the industrial zoning sections of the draft Zoning By -law and PIanSJ. From this
consultation period came dozens of additional meetings, hundreds of site specific and
general community standard inquiries that taken together have resulted in thousands of
pages of correspondence and thousands of edits to the first draft of the by -law.
Following this significant milestone, a second full draft of the Zoning By -law containing
over 8,500 edits, and the corresponding Public Feedback Report was released on February
24, 2014. This substantial package detailed the formal public engagement efforts and the
significant changes recommended to the document as a result of the input heard from
landowners, residents, the Planning Advisory Committee, and Council.
Throughout this past spring, community planning staff continued to meet with interested
property owners, fielded calls and provided written responses concerning general sections
of the document and site specific inquiries, and provided ongoing support for review to the
community, the Planning Advisory Committee, legal services, and other staff. To provide
greater transparency for the community in understanding how this document will affect
future planning applications, planning staff also launched a new format for PAC reports in
March that included a review of the existing and proposed zoning by -law. This approach
used actual applications to provide greater transparency in how this technical by -law - so
critical to the foundation for future land use planning in Saint John - would treat future
applications.
On April 8, 2014, the proposed housekeeping amendments to PIanSJ, recommended as
part of the Public Feedback Report, were brought forward for the required 30 -day public
presentation period. By June, the public presentation period expired for these PIanSJ
amendments and the third draft of ZoneSJ was ready, having undergone an additional 7,010
edits and been fully translated. On July 7, 2014, this third and final draft of ZoneSJ and the
accompanying housekeeping amendments to PIanSJ were referred by Council to the
Planning Advisory Committee for a report and recommendation.
Since the July draft of ZoneSJ was released, there have been a few additional refinements,
detailed in Appendix B of this report; none that substantially alter the By -law, The 7
recommended mapping changes relate to recently approved rezoning applications. A few
more of these will come forward through applications over the next few months.
Adoption of ZoneSJ and PIanSJ Amendments Page 13
62
In Closing
Building on the PlanSJ program, the ZoneSJ project has been a large and complex
undertaking, this time more technical in nature but most importantly, both a fundamental
component to the advancement of the One -Stop Development Shop program and a
required implementation component of PlanSJ.
With so many moving parts, the community planning team has done its very best to be
responsive and focused, delivering a better product for Saint Johners with every iteration
of the draft By -law and providing updates at critical junctures that are clear and
informative. We believe the project has successfully delivered a progressive and balanced
Zoning By -law that implements the intent and spirit for future land use in PlanSJ, and is an
excellent cornerstone By -law to the successful advancement of the One -Stop Development
Shop program. It is now time to finalize and adopt the document so the community can
take advantage of the many positive opportunities this By -law creates for investment in
Saint John.
Alternatives and Other Considerations
The Planning Advisory Committee can recommend one of several options:
1. Move staff recommendation for adoption of the package by Common Council;
2. Move staff recommendation for adoption of the package by Common Council with
recommendations for additional changes deemed necessary by the Committee; or
3. Move recommendation to deny the package.
Signatures and Contact
Prepared by:
Stac r, MBA, MCIP, RPP
Deputy dommissioner,
Growth & Community Enrichment
Tel:
506 -656 -4754
Fax:
506 - 658 -2837
E -mail:
atacey forlaresaintjohn.ca
Project:
ZoneSJ Program
Approved by:
Hamilton, MURP, MCIP, RPP
& Community Development
Adoption of ZoneSJ and PlanSJ Amendments rage 14
63
APPENDICES
A: Summary of the ZoneSJ Project Engagement Efforts
B: Final recommended changes to the July 2014 Zoning By -law
Q Council Report: July 7, 2014
ZoneSJ Formal Adoption Process
Referral of PlanSJ Amendments and Final ZoneSJ Draft
D: Council Report: April 8, 2014
ZoneSJ: Phase 1 of the Formal Adoption Process
Housekeeping Amendments to the Municipal Plan
E: Letters to PAC (Up to August 1S, 2014)
Adoption of ZoneSJ and PlanSJ Amendments
M
Page 15
August 20, 2014
Appendix A:
Summary of the ZoneSJ Project Engagement Efforts
2012-2014
65
August 20, 2014
A Summary of the ZoneSJ Project Engagement Efforts (2012 -2014)
Since the ZoneSJ project was formally launched in the spring of 2012, the team has:
✓ Hosted 6 public Open Houses that attracted over + people;
✓ Hosted 4 industry focused review sessions that saw over builders, landowners,
industry consultants, and economic agency representatives attend;
Hosted supporting review workshops with the Planning Advisory Committee and
workshop with Common Council;
Received over 120+ property specific inquiries and more than community
standards specific inquiries;
Provided over + formal written responses to citizens, property owners and
community groups;
Coordinated over 50+ meetings with landowners, interest groups, residents, and
government agencies;
Handed out over 400 USB drives with the draft by -law;
Distributed over 550 Guide to ZoneSJ booklets;
Held more than 20+ working meetings with staff from supporting City services;
Received over 80 'likes' and had over people view our Facebook page;
✓ Distributed over 38,000 postcards inviting the community to ZoneSJ events;
✓ Had over 30 articles published in the local media including print and radio;
✓ Received 18 completed Feedback Forms via the website;
✓ Had radio advertisements played daily for two weeks leading up to and during
public events;
✓ Received over page views of the ZoneSJ website between October 2013 and
August 2014 with visitors spending an average of over 5 minutes viewing the site;
and
✓ Responded to of a -mails and phone calls from citizens and property owners.
..
August 20, 2014
Appendix B:
Final recommended changes to the July 2014 Zoning By -law
67
Growth and Community Development ServIces
I
Community Planning and Development 4-M—ra-WrMi ........... 2
M
-id4&d, July
14.2(1)
PERrVITTED USES ......................................... ............................... ............................224
a4.2(2)
Z. ONESTAiJOARDS . ................. «................................................................... ............ 224
14.3 INTEGRATED DEVELOPMENT (ID) ZOIIE ................................................. ............................... 225
MUNICIPAL PLAN CONTEXT ................... ....... ............................... ........................... 225
14.311)
PEPJJ.' TEF3 USES ....................................... ............................... ............................ 225
14.3(2)
ZONE STANDARDS ............................•.......... ...................•........... ............................ 225
14.3 FUT+JaE
DEVELOPMEVT (F0j ZC:dE .......................... ......................... —..... ............................225
MUNICIPALPLPW CONTEXT ............................ ............................... ...........................226
14.411)
Pet- MITTED USES ......................................... ............................... ............................226
14.4(21
PONE STANDARDS ............................... ...... ............................... ............................226
14.5 RURAL (RU) ZONE ............................................................................ ............................... 228
MUN30PAL PLAN CONTEXT ........................... ............................... ............................228
14.50] PEr.MiTEo USES ......................................... ............................... ............................ 228 I Dallad: x
------------------------- - - - - -- -------------- - - - - --
14.3(1
Z2J
CaND- T ---- -- IONS -- USE, - ------- --------- ---- - -- ------------------------------ - ---------------------------------
14.5(W ..... ZONE STANDARDS _................. . .................................... . —..... ...... -----° -_._ .......... - . 229
-
rDelaeado 4 i i
..
SCHEDULEA: TONING MAP ................................................ ............................... ............................230
SCHEDULE5: FEES ............................................................ ............................... ............................232
SCHEDULE C: UPTOWN PARKING CX15WnON AREA ................ ............................... ............................232
SCHEDULE D: INTENSIFICATION AREAS (MONTE CRIS'TO) .......... ............................... ............................233
SCHEDULED: INTENSIFICATION AREAS (MAIN STREET WEST) ................................. ............................... 234
SCHEDULE D: INTENSIFICATION AREAS (LOWER WEST SIDE( ... ................................... _ ........................ .. 235
SCHEDULED: INTENSMCAT1oN AREAS (OLD NORTH END) ........................ ............................... »...........236
SCHEDULE D: INTENSIFICATION AREAS ( MILLIDGEVILLE) ............ ............................... ............................287
SCHEDULE D: INTENSIFICATION AREAS (WATERLOO VILLAGE) .... ...... ............................... ..................238
SCHEDULE D: INTENSIFICATION AREAS (FOREST HILLS) ............. ............................... ............................239
SCHEDULEE: EXCEPTIONS ............... ......... » .............................. .................................................... 240
••
I Title, Scope, Interpretation, and Repeal
The Council of The City of Saint John, under the authority vested In It by the Community
Planning Act, enacts as Number GP.-Uk M-11 9M Cdr of �r�# �Oh D0: foie: _—
follows:
1.1 Title
This By -law may be cited as the "Zoning 8y -law."
1.2 Scope
This By -law:
(a) Divides the City of Saint John Into zones;
(b) Prescribes, subject to the powers vested In the Council, the Committee, and the
Development Officer, the purposes for which land, buildings, and structures In any zone
may be used and regulates the standards to which land use, and the placement,
erection, alteration, and use of bulldings and structures shall conform; and
(c) Prohibits the use, placement, erection, or alteration of land, buildings, or structures
other than in conformity vaith the purposes and regulated standards mentioned in
paragraph (b).
1.3 Interpretation
The interpretation of this By -law shall adhere to the following rules:
(a) With respect to language:
(i) The word existing has been italicized and Is defined In this By -law to mean,
"lawfully in existence on the date By-law jvuftft C.P,11Q The Zoning By -law of edeeeu: nn.
—'- -- _ --
The City of Saint John, and amendments thereto, was repealed." All other - -
words shall have their ordinary meaning except as otherwise defined by this By-
law or the Community Planning Act,
(0) Words shall be read with all changes of gender or number required by context;
and
(iii) Where a word is defined other parts of speech and grammatical forms of the
same word shall have corresponding meaning.
Part 1: Title, Swpe, ]Interpretation, and Repeal Page 11 !a r
70
2.10 Council, Committee, and Development Officer Applications
(a) A person who seeks to obtain an approval not involving an amendment to this By-laws
Or a resolution or agreement pursuant to section 39 of the Community Planning Act, cr
a permit RyLs4ant to section 2.11 shall submit an application in the form prescribed by
the Development Officer and accompanied by a fee in accordance with Schedule 8 of
this By -law. Such application shall also be signed by the registered lot owner or
authorized agent thereof.
(b) Any application not satisfying all the requirements of paragraph (a) shall be deemed
abandoned after 90 days immediately following the date of initial submission and shall
not be considered further by the Development officer.
(c) When an application has been received that seeks approval of a matter that has been
denied within the Immediately preceding 12 months, it will not he reconsidered unless
the Council, the Committee, or the Development Officer, as the case may be, is of the
opinion that It is substantially different from the previous application.
2.11 Development and Change of Use Permit Approval
(a) Subject to paragraph (d) and paragraph 123(2)(b), no person shall undertake a
development or change the purpose for which land, buildings, or structures, wholly or in
part, Is used without first obtalning a permit which has been approved by the
Development Officer, and no permit shall be approved by the Development Officer
unless the development or change of use complies with the provisions of this By-law
and The City of Saint John Municipal Plan.
(b) For greater certainty with respect to paragraph (a), the Development Officer shall not
approve any development that requires the consideration of the Committee or Council
until such consideration Is given, and any applicable terms and conditions imposed by
the Committee or Council, as the case may be, shall be attached to the permit approval
by the Development Officer.
(c) A person seeking to obtain a permit under this section shall make application to the
Building Inspector by:
(i) Filing the application on forms obtainable from the office of the Building
Inspector;
(II) Signing the application;
Part 2: Zones and Administration
71
Page j ii
3 Definitlons
3.1 In this By-law, unless expressly Indicated otherwise;
"abut" means to be located next to and, pursuant to the Community Planning Act, means having
access thereto directly. (donnersur)
"access` means an access, exit, or driveway from a street to a lot. (accPs)
"accommodation" means an establishment that provides lodging 0 I �� � r transle
��...� _- CaNied:mffietr�ydlinppublk j
and Includes, but Is not limited to, abed and breakfast, hate or mvtel,jbq does not include a peleeem remunerrtio,i I
hostel or roaming house. (hebergemenr)
"adult entertainment fadh'tj%' means an establishment where service or entertainment
appealing to, or designed to appeal to, an erotic or sexual appetite or inclination Is provided.
(Adtablissemenrde divertissement pouradultes)
"air transport facility' means a building or land and associated infrastructure used for aviation,
and without limiting the generality of the foregoing, includes an airport, airfield, hangar, aircraft
maintenance shop, or flight school. (Installation de transport odrien)
"alter" means to make any change, structural or otherwise, that is not for the purposes of
routine maintenance of a building or structure, and includes a change of use. (modifier)
"amenity space" means that part of a lot or building Intended and capable of being used
privately or commonly for recreation or relaxation, such as, but not limited to, a balcony,
courtyard, deck, garden, garden room, gym or fitness room, landscaped area, lounge area,
gaming or computer room, movie room, pergola, play area, porch, rooftop deck, swimming
pool, or veranda, but does not include a driveway or a parking lot. (espace d'agr6ment)
"animal shelter"' means an establishment that provides care and veterinary service to lost,
abandoned, or neglected animals. (refuge pouranimoux)
"architect" or `landscape archltect" means a person who Is a registered member or licensee of
the Architects' Association of New Brunswick authorized to practise architecture In New
Brunswick. (arch(tecte ou architecte- paysagiste)
artist or craftsperson studio" means an establishment used for creating, finishing, refinishing,
or similar production of custom or handmade commodities together with the retailing of such
commodities. (studio d'artiste au d'artisan)
Part 3: Definitions Page 114
72
"habitable room" means the space within a dwelling unit where living functions are normarly
conducted and may include a bathroom, den, dining room, kitchen, living room, recreation
room, but does not Include a carport, deck, garage, porch, veranda, unfinished attl4 unfinished
basement, or cellar. (pWehabitable)
"harbour facility" means any land, building, or structure that is part of a port use. (installation
poMmire)
"health and fitness facility" mean an establishment providing health, fitness, and recreational
activities, such as, but not limited to, boxing, dancing, gymnastics, martial arts, weightlifting,
yoga, or other forms of physical exercise. This use may also include the Incidental sale of health
and fitness merchandise, (centre de santrs et de condltionnementphysique)
"health services laboratory" means an establishment where bio- medical samples are tested,
medical research is conducted, or medical and or dental aids, devices, or prostheses are
serviced. (laboratolre de services desantd)
'height" means the vertical distance from average grade to
the highest point of a building or structure, but does not
include anything excluded by this By -law with respect to
height. (hauteur)
"highway" means a thoroughfare built and maintained by, or under the supervision of, the
Department of Transportation and Infrastructure, the New Brunswick Highway Corporation, or a
project company, whether or not such highway lies within the geographical boundaries of a local
authority. (route)
"home occupation" means a secondary use in a portion of a dwelling unit where a home
business is conducted by the occupant of the dwelling unit. (activitcr professlonnelle b domicile)
'hospital" means a facility that provides short or longterm medical and health care, and
Includes overnight stays, surgery, laboratory, or diagnostic services for treating human Illness,
disease, and injury. (hllpltalj
"hostell means an establishment where temporary r&i .pLq- dedjj& individual or transients In a shared or dormitory style room, but does not include hone motel
rooming house. (auberpe)
"hsor or "mater means on establishme Mere temporary indeir is on7yided fortravellers
or transients in independent living ouarters, and may Include a public dlnirte room and
coMMntion mm, but does not Indude a hostel or roomirw house. (h Y ou,moteli Apo
Part 3: Defirdtions
73
Page ( 2A
�Ddetell: atsommodatifon
. 1. DelaCedt %n
Deleted: twrallar for mmunmanon
Deitled: an scwmmuMan such as it
I DdeNed:.
"retail store" means an establishment where new or used goods, wares, merchandise,
substances, articles, or things are offered for sale to the public at retail or wholesale value and
may include minor processing and packaging associated with the sale of food products, but does
not include the sale of a vehicle or heavy equipment. A retail store may also include a food
bank. (magasin de ddtall!
"retail warehouse means an establishment where goods requiring a large display floor area are
sold to the public such as, but not limited to, building material, furniture, major appliances, or
wholesale retail outlets. (entrep6t de vente au ddtain
"rooming house" means an establishment wherekdAMI provided form I tdual in t er a _ -- I oaietad: tumwh'-M hewdbte,nr,. —)
private orshared bedroom that Is served by a common kitchen and bathroom but does not l are
include a bed and breakfast, hostel, hat or mote mcrison de chombresl Dd§bd° compenadQ+
Darted:, urhotel�
"sales centre, model home" refers to any use where model and show homes are displayed for
sales purposes for construction off -site. [centre de vente parmaisons- tdmoins)
'school (9 -121" means a facility where students are taught the Curriculum of one or more grade
levels between nine to 12 In accordance with the Education Act, and may include before and
after school programs and necessary accessory or secondary uses such as, but not limited to,
administration, athletics, food, or library service. {@cote (neuvMme 6 b dourldme ann ft
"school (K-sr means a facility where students are taught the curriculum of one or more grade
levels between kindergarten to eight in accordance with the Education Act, and may include
before and after school programs and necessary accessory or secondary uses such as, but not
limited to, administration, athletics, food, or library service. (&ale (maternelle 6 l hult@me
ann"))
"scrap or salvage yard" refers to any use of land or building for the storage, wrecking,
disassembling, refurbishing, or handling of goods, machinery, or motor vehicles, and may
include a recycling facility, the sale of salvaged materials, or outdoor storage. (parc 6 ferrallle ou
ddp6t d'objets de rdcupdratlon )
"secondary suite" means a secondary use to a one -unit dwelling where an additional small
dwelling unit Is established &r #I n the hulldin& �logement accessoife} - ! Detoavd: lnanmber
i Delele* at the veeroEtheaemelost '
"self- storage facility" means an establishment where goods or personal items are stored Inside - - '
separate compartments within a building each having separate exterior access. (entrep& Hbre-
servke)
Part 3: Definitions Page 137 V., -- ,s•
74
chemical plant or petroleum refinery, but not a nuclear power plant, nuclear storage
facility, or a nuclear enrichment plant; and
(b) An "offensive industrial use" where the type of manufacturing process Involved or the
type of material used, produced, or stored may cause a dangerous gas or fume, dust,
objectionable odour, noise or vibration, or the unsightly storage of goods, wares,
merchandise, salvage, junk, waste, or other material to a condition that could be
hazardous or injurious as regards to a person's health or safety, or which prejudices the
character of the surrounding neighbourhood, or could interfere with the normal
enjoyment of any land, building, or structure, and shall include, but not be limited to, a
brewery, pulp and paper mill, or a scrap or salvage yard. (usage d'indusWe lourde)
'use, light industrial" refers to any use of land, building, or structure involving a manufacturing
process whether or not a finished article is produced, and may include the repairing and or
servicing of a vehicle, machinery, or building where the manufacturing process occurs or the
material Is used or stored, and the transportation of material, goods, or commodities to and
from the premises that will not cause injury to or prejudicially affect the amenity of the locality
by reason of the following restrictions:
(a) Water usage being restricted to employee washrooms, indirect cooling and pressure
testing of equipment, cleaning of vehicles and or equipment, and similar uses ancillary
to the manufacturing process 't
------ ---- -- -'"1 Delatetl: or
(b) No effluent discharge or contaminant which may contribute to the biological, chemical,
physical, or aesthetic pollution of land, water, and or airon , or
Id AIR cturin - - -- r ctivit other than - sto rid a
- - - - --- -- - -- ---- -- ---- ---"'
loading facilities shall take place outside of a bujidlrim
"use, maire means a permitted use In a zone that is the primary purpose of any land, building, or •,,
structure located on a lot. (usage principal]
"use, medium industrial" means an industrial use other than a Light Industrial Use, a Heavy
Industrial Use, or a Special Industrial Use, which may Involve outdoor storage or activities, but
where any nuisance or risk factor generally does not Extend beyond the boundaries of the lot.
(usage d'lndustrie moyenne)
"use, municipal recreation" refers to any use containing a public recreational facility maintained
and or operated by The City of Saint John, and includes, but 1s not limited to, a basketball or
tennis court, park, playground, sports field, or swimming pool, (usage r&jdatif municipal}
Part 3: Definitions
75
Page 144
Maw: k) _ No emission ar
sound that curates more thane 2dbA
Increase In the hourly rendlevelr
I messuredlnanyares and atany
critical time as dealinsted byths
Building Inspector, fume �
l For�tnttad: Indent: Hanging: O.W,
L 6 stops; Not at o r -- _ — - -j
10 Residential Zones
The following Table 10-1 Is Intended to provide a general list of the uses allowed in the
Residential zones. This table Is provided for convenience only and reference should be made to
each zone for a complete list of permitted uses, conditional uses, conditions of use, zone
standards, as well as to the General Provisions of this By -law.
hart 10. Residential 2or;?,
76
Table 10 -1
Use
Zone Permitted
Accommodetbn. Eidstino
Agricultural Use, Existing
RS
Rx
Bed and Breakfast
f%[
RM
RL
R2
R1
RSS
RS
RR
Crisis Care Facility
Ac
Day Care Centre
of
14H
Day Care, Home
RC
RM
RL
RZ
R1
RSS
RP
RS
Rh
Day Care, Neighbourhood
otc
RM
RL
R:
R2
RSS
RS
RR
DwellingGroup
RR
R
RM
RL
Dwelling, Cluster Townhouse
#C
RM
RL
Dwelling, Converted
R2
g1
Dwelling, Multiple
KC
RH
RM
RL
Dwelling, One -Unit
RM
RL
R2
RI
RSS
RP
R5
flit
Dwelling, One -Unit, Exlsting
Ri
Dwelling, Semi- Detached
RC
Rid,
RL
R2
Dwelling, Townhouse
R +,
n:,'.
al.
Dwelling, Two-Unit
jtc
RKA
Rt
R2
RS
RR
Garden Suite
AC
RM
RL
R2
Rl
RSS
Health and Fitness Facility
AH
Home Occupation
RE
PH
RM
RL
R2
R1
RS.Si
RP
115
Medical Clinic
MA
Mobile Home Park
RP
Mobile Home Party Existing
qA
Mobile or Minl -Home
RP
Mobile or Mini -Home, Existing
RS
Rii
Personal Service
RH
Restaurant
RH
Retail Convenience
PH
hart 10. Residential 2or;?,
76
10.
eurml)
Urban Centre Residential (RC) Zone
Municipal Plan Context
The Urban Centre Residential (RC) zone
accommodates a wide range of serviced
urban residential development in the
form of townhouses, apartments, and
condominiums. Cower density forms are
also permitted Including semi - detached
dwellings, and two -unit dwellings.
While existing one -unit dwellings are
allowed to continue as permitted uses, new one -unit dwellings are not allowed as the
primary focus of this urban zone is to encourage the highest density and m1x of residential
uses In the centre of the City.
it
4
w
The Urban Centre Residential (RC) zone is Intended for land inside the Primary Development
Area that is designated Medium to High Density Residential, Uptown primary Centre, or
Mixed Use Centre In an Intensification Area. However, land in other appropriate
designations could be zoned RC
10.1(1) Permitted Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following:
• Accommodation,, Exlstlna•
Bed and Breakfast, subject to section 4.2;
Crisis Can: Facility, subject to subsection 10.1(2);
Day Care Centre; subject to subsection 10.1(2);
Day Care, Home, subject to paragraph 9.5(a);
Day Care, Neighbourhood, subject to paragraph 93(b);
Dwelling G roup;
Dwelling, Cluster Townhouse, subject to subsection 10.1(4);
Dwelling, Multiple;
Dwelling, One -Unit, Existing;
• Dwelling, SemfDetaehed;
• Dwelling, Townhouse, subject to subsection 10.1(2);
Psrt 10: kesidentEal Zones -- Qrban Centre Residential 1FtQ Zone
77
Faef log
14.5 Rural (RU) zone
Municipal Plan Context — -
The Rural (RU) zone accommodates
resource - related activities, such as
agriculture, fishery, and forestry
operations, as well as certain other land
uses appropriate In the rural area.
While this is not residential zone, limited.T _
residentlaI development Is also permitted �'; ' • t.
on existing unservieed lots or through the
creation of new large lots to ensure residential development does not interfere with
resource activities.
The Rural (RU) zone is intended for land outside the Primary Development Area that is
designated Rural Resource. However, land In other appropriate designations could be zoned
RU.
14.5W _ Permitted Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following:
Agricultural Use;
Animal Shelter;
• Bed and Breakfast, subject to section 9.2;
• Day Care, Home, subject to paragraph 9.5(a);
Day Care, Neighbourhood, subjectto paragraph 9.5(b);
Dwelling, One -Unit;
• Dwelling, Two -Unit;
• Equestrian Facility,
4 Fishery;
• Forestry Use;
Home Occupation, subject to section 9.9;
Kennel;
• Mobile or Minim-Home, subject to subsection 14,5(2);
Supportive Housing, subject to section 9.14,
Part 14: lather Zones - Rural (RU) Zone
225
.iDeleead: 2 � g..s
Veterinary Clinic
The e;dsiing use described In Schedule E: Exceptions, of each lot respectively,
identified therein as being located in the RU zone.
14.5W Conditions of Use
A Mobile or Mlnf -Home permitted in subsection 14.5(1) shall be subject to the following:
(a) The building shall have a m1nimurn ground floor area of 65 square metres;
(b) The building shall be placed on a lot so that its length Is parallel to the street; and
(c) If not placed on a permanent foundation, the building shall have skirting of an
opaque material installed around its perimeter between the building and ground.
14.5 Zone-Standards-
(a) M1nlmurn Lot Area h1G.iJOU square metres
(b) Minimum Lot Frontage Q0 metres
d .�PiYGf�i
(c)
Minimum Lot Depth
Rte metres
(d)
Minimum Front Yard
IS metres
(e)
Minimum Rear Yard
30 metres
(f)
Minimum SldeYard
15 metres
(g)
Minimum Flankage Yard
! metres
(h)
Minimum Ground Floor Area:
1 Storey
LAW square metres
Split -Level
square metres
f
1;Mf, 2, or 3 Storeys
+ square metres
(i)
Maximum Bullding Height
metres
0)
Other Requirements
Part 14; Other Zones — Rural (RU) Zone
pa$e 1222
79
Schedule E: Exceptions
The following uses were permitted by the previous Zoning By-law for The City of Saint John, By-law
Number C.P. 110.
Zone
Clvk
PID
Ekwfig use
RC
39 Bridge Street
00373803, 00373795
Marine Towing Services
RC
71 Kennedy Street
00377101
Warehouse and Workshop
RC
80 Kennedy Street
00377215
Parking Area
RC
101 -121 Kennedy Street
00377150, 55214738
Vehicle Repair Garage and Parking
Area
RM
61-91 Millidge Avenue
Various (23)
Dairy Products Processing and
Distribution Facility
R2
154 -2000 Germain Street West
00366203, 00368i00
Warehouse, Workshop and Outdoor
Storm
R2
187 Golden Grove Road
55201768
Vehicle Body and Paint Shop
R2
673 Green Head Road
55012397
Contractor's Yard and Storage and
Construction Equipment Repair
R2
155 Sandy Point Road
55150700
Vehicle Body and Paint Shop
R2
97 Winslow Street
00362640, 00363481
Welding Shop
R1
15 Broadway Avenue
00299248
ParkingArea
RI
45 Glen Road
55183743
Once
RS
1171 Lorneville Road
002885544
Warehouse
RS
3600 -3636 Westfield Road
00295253, 55063614
Marina Equipment and Materials
Storage Yard, Including boats,
cradles, and a mobile home for a
watchmen
RR
258 Golden Grove Road
00311613
Three -Unit Dwelling
RR
1740 Grandview Avenue
00335851
Six -Unit Dwelling
RR
933 Latimore Lake Road
00335737
Machining and Fabrication Shop
0=87763
��f Worshb
cc
397 City Road
00019992, 00018994,
Trucking Depot and Fleet
55206767
Maintenance
CC
950 Fairville Boulevard
00036715
Warehouse
Schedule E: Exceptions PW I M
:1
Schedule E: Exceptions Pap I M1
1942 Manawagonish Road
55037733.00403030
Building Eauiornent and Material
Storage Yard, including associated
Office, Maintenance. gnd Storage
CC
485 McAllister Drive
55167506
Buildings
Trucking Depot and Fleet
Maintenance
CC
305 -327 Rothesay Avenue
00303453, 00303461
Molasses Processing and Distribution
Facility
CR
208 Lancaster Avenue
00034306, 55046395,
Union Hall and Offices
55038756,00033027
CR
228 Lancaster Avenue
00033357
Warehouse
CG
41 Adelaide Street
00378976, 00374868,
Vehicle Body and Paint Shop and
00374876
Parking Area
CG
55 Bentley Street
00369108, 55172654
We rehouse and Office
CG
1 Keystone Place
00317933
Warehouse and Workshop
CG
9 Lower Cove Loop
00001701
Scuba Diving Store and Associated
Services
CG
299 -303 Molson Avenue
00386458
Warehouse
CG
320 Montreal Avenue
00383M
Warehouse
CG
2086 Ocean Westway
55222061, 00287474,
Vehicle Sales and Leasing
55222079
CG
633 Ready Street
55112742
Vehicle Body and Paint Shop
CG
660 Ready Street
00033563
Warehouse and Outdoor Storage
CG
520 -550 Somerset Street
00046417, 00052423
Contractor's Warehouse, General
Warehouse, and Associated Uses
CG
560 -600 Somerset Street
00052282, 55123590,
Warehouse and Wholesale
55123582
CG
800 Somerset Street
00048090, 55027932
Concrete Plant
CG
700 Wilson Street
00035634
Warehouse and Workshop
CG
730 Wilson Street
00035436
Pool Hall
CM
40 Saint Andrews Street
55021463, 00005298
Armoured Car Business
CL
329 -333 Lowell Street
00385526, 00392977
Vehicle Repair
CL
240 Millidge Avenue
00430975
Wholesale Novelties and Small Wares
CRG
303 Golden Grove Road
55196554, 55196562
Office, Warehouse, Shop, and
Construction Materials Storage Yard
CRG
510 Golden Grove Road
00311217
Distribution Warehouse
CRG
2099 -1151 Golden Grove Road
00310292, 55099246
Business Office, Showroom, and Self -
Storage
CRG
4105 Low Lomond Road
5535 A4, 00455006
Redemption Centre
CRG
1000 Westfield Road
00419093, 00287680
Vending Machine Business
Schedule E: Exceptions Pap I M1
CRG
1050 Westfield Road
00287854
Furniture Refinishing
CRG
1079 -1109 Westfield Road
00289041,55143M,
General Contractor Yard, Warehouse,
0028783 9
and Outdoor Storage Yard
CRG
1159 Westfield Road
55099493, 55143630
General ContractorYard, Landsmpe
Material Supply, outdoor storage
Yard, and Warehouse
CRG
1161 Westfield Road
55099501
Vehicle Body and Paint Shop and
v------- ----
--
_.—W..
Warehouse
CRG
11833 Westfield Road
00287870
Warehouse
CRG
1199 Westfield Road
55056964
Pest Control Service
CRG
3320 Westfield Road
D0 O4121
Warehouse and Workshop
IL
341 -365 Ashburn Road
55202915, 00052712,
Towing Business
55071153
IM
230 Stinson Drive
00287664.55197479.
Parse Loading Fadlity and Access
55151541
Road --
RU
1360 Rothesay Road
00297754
Lime Manufacture and Storage
Schedule E: Exceptions POP zu
--Faye erealF - -. C
1lelerbad: Induprrd �
FormatEsd:J�Font: Not Bold
Insart•A Cells
Mnsarted_Cells
Fora►sUxd Table
Lnsertod fills .�
Growth and Community Development 5ervkas
Community Planning and Development J%M ekz
Daleb M July
I _;_ 7T n C S 1 1666 Hickey Road I
Legend
Subject Property (ies)
PID(s): portion of 55198402
0 25 50 100
Meters
July Draft Zoning: Two -Unit Residential (R2)
Map i c by the City Saint John
Carte produ produte par The City of Saint John
Revised Draft Zoning: Neighbourhood Community Facility (CFN) 0 2D14 The City of Saint John
WNT JOHN
Date: August 12, 2014
I 7oneS 1 233 Lancaster Street
Legend
Subject Property ves) 0 25 50 100
L—L i I
Meters
PID(s): 00366518
July Draft Zoning: Two Family Residential (R2)
° Map created by the City of Saint John
Carte produite par The City of Saint John
Revised Draft Zoning: Low -Rise Residential (RL) '•2014TheCityofSaintJohn
SAINT JOHN
Date: August 12, 2014
I 811 Grandview Avenue/ 220 Champlain Drive I
Legend
- Subject Property (ies) 0 25 50 1
I r r t I
Meters
PID(s): 55089007 and 55088991
July Draft Zoning: General Commercial (CG) Map created hy the City of Saint John
# Carte produite par The City of Saint John
Revised Draft Zoning: Mid -Rise Residential (RM) �,,� ®2014 The City af Saint John
SAWT JOHN
Date: August 12, 2014
0
'zones, 362 Charlotte Street West
Legend
Subject Property (ies) I L 25 I too
J r r t I
Meters
PID(s): 00392035 and portion of 55061336
.July Draft Zoning: Neighbourhood Community Facility (CFN)
Map created by the City of Saint John
Carte produite par The City of Saint John
Revised Draft Zoning: Two -Unit Residential (R2) (7-J 0 2014 The City of Saint John
SAINT JOHN
Date: August 12, 2014
1 368 Rothesay Avenue
Legend
Subject Property (ies) D 50 10D 2I
Meters
PID(s); portion of 55183875
July Draft Zoning: Park (P)
Map created by the City or Saint Jahn
Carte Revised Draft Zoning: Corridor Commercial (CC) C"'Ir 02014T The City fSaintJyof5eintJohn
�r 2014 The City of Saint John
SAINT JOHN
Date: August 12, 2014
I "r 1 . , 3636 Westfield Road
Legend
W Subject Property (ies)
Saint John Boundary
PID(s): portion of 55063614
July Draft Zoning: Rural Settlement Residential (RS)
Revised Draft Zoning: Corridor Commercial (CC)
Date: August 12, 2014
:•
0 50 100 200
Meters
T9. c Map created by the City of Saint John
Carle produile par The City of Saint John
0 2014 The City of Saint John
SAINT JOHN
;-7,on.eSI 700 Millidge Avenue I
Legend
Subject Property (ies) so too 200
Meters
PID(s): 55062269 and portion of 00042036
July Draft Zoning: Neighbourhood Community Facility (CFN) Map created by the City of Saint John
Carle produite par The City of Saint John
Revised Draft Zoning: Major Community Facility (CFM) ®2014 The City of Saint John
SAINT )OHN
Date: August 12, 2014
.E
August 20, 2014
Appendix C:
Council Report: July 7, 2014
ZoneSJ Formal Adoption Process
Referral of PIanSJ Amendments and Final ZoneSJ Draft
91
r.. �.w, mss. �.0 •.r •.,a � ff !1_x.1 '� k' {�Ci.iJ
M&C- 2014 -091
July 7, 2014
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
SUBJECT: ZoneSJ Formal Adoption Process
:Referral of PlanSJ Amendments & Final ZoneSJ Draft
BACKGROUND:
164]
City of Saint John
As part of the One Stop Development Shop (OSDS) implementation, on February
24, 2014 Council authorized the translation of the draft Zoning By -law (ZoneSJ)
in preparation of the formal adoption process to commence this summer. As part
of the information considered by Council on that date, the Report on Public
Feedback also proposed housekeeping changes to the Municipal Plan (PIanSJ)
that were necessary to ensure clear alignment between the ZoneSJ and PIanSJ as
required by the Community Planning Act of New Brunswick.
On April 8, 2014, Common Council approved proceeding with the 30 -day Public
Presentation period that initiated the formal adoption process for these
amendments to PIanSJ. The Public Presentation period expired on June 11, 2014.
It is appropriate and therefore recommended that both the PIanSJ amendments
and the adoption of ZoneSJ be considered together for adoption. As such,
Council agreed to table consideration of the Municipal Plan amendments at their
June 23, 2014 meeting pending the completion of the final draft of both the
English and French versions of the proposed new Zoning By -law. Everything is
now ready to proceed with the formal adoption process.
92
M&C -2014 -041 .2_
July 7,1014
This Council report provides the following:
The results from the 30 -day Public Presentation period for the proposed
housekeeping amendments to the Municipal Plan;
The series of recommended changes proposed in the final draft of the
Zoning By -law;
• The series of items that were considered but did not result in
recommended changes proposed in the final draft of the Zoning by -law;
and
A recommendation that Council refer the amendments to the Municipal
Plan and the final draft of the Zoning By -law to the Planning Advisory
Committee for a report and recommendation and to set the date for the
formal Public Hearing before Council.
ANALYSIS
What are the results from the 30-day Public Presentation period for the
proposed housekeeping amendments to the Municipal Plan, PlanSJ?
As required by the Community Planning Act, the proposed amendments to the
Municipal Plan underwent the 30 -day Public Presentation Period between May
12, 2014 and June 11, 2014. During this time there were three submissions made
by members of the public to the Clerk's office in response to these proposed
housekeeping amendments. Of these submissions, two were property specific
objections and one is a general objection. All of the submissions are included in
Appendix A as a formal input into this process.
What are the final recommended changes to the draft Zoning By -law?
The draft zoning by -law was forwarded for translation to the Centre de Traduction
et de Terminologie Juridiques (CTTJ) on March 3, 2014. Since this time, there
have been additional edits made to the document as part of the City's legal
review, the translator's review, and issues raised in the Report on Public
Feedback back in February.
The ZoneSJ team has also continued to meet with landowners and their
representatives to further the community's understanding of the impacts on their
property and consider further revisions. The document itself has also continued to
undergo internal assessment against real applications by the community planning
team. Where appropriate, the ZoneSJ team has proposed additional amendments
to the mapping and the text in the document.
The following provides a summary of the final issues that have been considered
and the recommended series of changes that have been made to this final draft of
the Zoning By -law:
93
M &C- 2014 -091 -3-
July 7, 2014
✓ Edits and refinements to the Language recommended from the legal and
translator reviews.
The final draft of the Zoning By -law has had an additional 7,010 revisions
throughout the document since the February draft release. The vast majority of
these changes include refining the definitions, clarifying how to use the
document, and grammar and syntax edits. Except as otherwise stated, no
significant change in meaning to the February 2014 draft Zoning By -law
provisions has occurred. The consolidated document is included in Appendix C.
✓ Revision to the landscaped island standard, from two square metres to one
square metre, for parking lots with 60 or more required parking spaces.
The community planning team has continued to assess the proposed standards in
the draft Zoning By -law against actual building permits and planning applications
to ensure they are appropriate for our community. The proposed landscaping
provisions in the draft by -law are a significant increase from the current
standards, particularly the requirement for landscaped islands in parking lots
where there will be 60 or more required parking spaces.
The proposed standard in the February 2014 draft of the Zoning By -law was two
square metres per parking space when 60 or more parking spaces are required.
Since this time the community planning team has assessed the standard against
proposed and existing commercial and community facility developments and has
concluded that this standard is arguably high for a minimum community
development standard. To provide a clear context for this assessment, the existing
Costco parking lot achieves approximately 62 percent of this proposed standard;
the proposed YMCA achieves approximately 33 percent of this proposed
standard; and the East Point development achieves approximately 119 percent of
this standard.
The By -law sets a minimum community standard and any project proposing to
exceed that standard certainly may do so when it comes to landscaping
provisions. The risk with standards that are too onerous is that they will continue
to result in variance requests to reduce such a standard. The Costco site is
considered by the community planning team to be a good example of the use of
landscaped islands to control the flow of traffic and beautify a large parking lot.
As such, it was considered the best example to use as a benchmark for the
development of a new community standard, which will now require such site
improvements in large commercial parking lots.
Using this existing parking lot, the proposed standard of two square metres is
more appropriately revised to one square metre per parking space. With this
revised standard, the Costco parking lot would exceed the standard by 12 percent
instead of fall short of the standard by 38 percent.
94
M&C -2014 -091 _4_
July 7, 2014
As such, the ZoneSJ team recommends that this community standard in paragraph
4.5(5)(h) of the proposed Zoning By -law be revised from two square metres to
one square metre. This revised standard retains the intent of PIanSJ and is in
keeping with the recommendations in the Fairville Boulevard Study to increase
community standards for landscaping in new development. This revised
standards is a more balanced standard for the community.
✓ Updated Schedule E: Exceptions with additional properties.
The ZoneSJ team has also continued to update and refine Schedule E. Exceptions
in response to property owner inquiries and staff reviews to ensure a reasonable
implementation of the proposed Zoning By -law.
✓ Updated Schedule D. Intensification Areas (Waterloo Village and Peninsula)
with an accurate map of this area.
Schedule D: Intensification Areas (Waterloo Village and Peninsula) has been
revised to accurately reflect this entire intensification area
✓ Finalized Schedule A: Zoning Map
The ZoneSJ team has continued to correspond with landowners over the last four
months to discuss the proposed zoning of their properties. In response, the
ZoneSJ team has proposed seven additional changes to Schedule A: Zoning Map
in the final document. These changes are all detailed in Appendix B of this
report.
These amendments ensure an appropriate implementation of the new Zoning By-
law that retains the intent of PlanSJ. Maps 1 and 2 were requests from property
owners that were reasonable, and Maps 3 -7 are recommendations from the
ZoneSJ team in order to place all the properties that are currently zoned "RF"
Rural in the draft By -law's corresponding Rural (RU) zone.
Follow -up Issues from the Report on Public Feedback
The February 24, 2014 Report on Public Feedback referenced a number of items
that the ZoneSJ team was to revisit during the final stage of developing the new
Zoning By -law. These items were primarily raised by the Planning Advisory
Committee and are discussed in the following sections.
Rail Setbacks
The Planning Advisory Committee raised concerns with the absence of setbacks
from rail lines in the draft Zoning By -law. The existing Zoning By -law has not
required minimum setbacks from rail lines though the city has had an extensive
industrial and rail history, resulting in a substantial amount of existing
development adjacent to rail lines throughout the community.
95
M &C -2014 -091 -5-
July 7, 2014
If a minimum required setback from rail lines were to be introduced today in the
Zoning By -law, it would frustrate investment for countless properties near these
rail lines and would likely result in increased variance requests.
Community planning staff agrees with our Planning Advisory Committee that rail
safety is an important consideration in land use planning. In order to balance the
realities of existing properties adjacent to rail lines in Saint John and the need to
control future development around rail lines, the ZoneSJ team recommends that
the Zoning By -law not require minimum setbacks from rail. Instead, it is
recommended that this issue be considered through the new Subdivision By -law,
anticipated to be adopted in 2015 as part of the One -Stop Development Shop
initiative, which could limit new residential subdivision development near rail
lines. The ZoneSJ team supports this as a fair and reasonable approach for the
community.
Telecommunications Towers Siting
In addition to rail setback considerations, the Planning Advisory Committee also
requested clarity in terms of how telecommunication towers were to be handled
under the draft Zoning By -law. Over the past few months, the ZoneSJ team has
worked with representatives from the Canadian Radio- Communications
Information and Notification Service (CRINS- SINRC).
This agency facilitates applications for telecommunication towers in communities
across the country, including in Fredericton and Moncton. As this is a land use
that is regulated by Industry Canada, municipalities have no ability to deny an
application. As such, the draft Zoning By -law has been structured to facilitate a
new process though CRINS and a staff report on this issue is forthcoming for
Council's consideration.
Mobile Signage
The ZoneSJ team continues to recommend that the use of temporary mobile
signage on private property be removed as a permitted type of signage in the
community. The draft By -law proposes this shift to encourage investment in
permanent signage that adds to our community's public realm. In order to
implement this provision staff will provide Council with a report that specifically
identifies how this will be implemented in advance of the Public Hearing for the
Zoning By -law.
Risk Assessment Guidelines
As indicated in the Report on Public Feedback, and proposed in the draft heavy
industrial zone, Risk Assessment Guidelines are being drafted by the City's
industrial consultant, IPS Consulting, for use in considering future heavy
industrial facilities in Saint John. These guidelines, once completed, will be
forwarded to Council for their consideration as part of a separate report to
Council.
rw
96
M&C- 2014 --091
July 7, 2014
Un serviced Rural Residential Development
The ZoneSJ team has completed an additional review of the opportunities around
rural residential development. To provide clarification as to the approach taken to
zoning in the rural areas we offer the following:
■ All property in the rural area that is currently zoned "RF" Rural has been
proposed to remain zoned Rural (RU) in the final draft of the Zoning By -law.
The new Rural (RU) zone is not fundamentally different from the existing
"RF" Rural zone and as such, offers no substantial difference in terms of land
use rights.
All properties that are currently zoned "RS -1" or "RS -2" One and Two Family
Suburban Residential have been proposed to be zoned either Rural Residential
(RR), or Rural (RF), or a mix thereof in the final Zoning By -law. To recognize
the existing uses, existing, un- serviced rural residential homes have been zoned
Rural Residential (RR) and existing vacant lands have been zoned Rural (RU).
It is important to note that neither the existing "RS -1" zone or "RS -2" zone
allows rural residential subdivision with new public streets, These zones only
allowed limited subdivision for rural residential lots on existing public streets.
As such, anyone seeking to develop a rural residential subdivision on new
public street(s) has always, and will continue to under the new Zoning By -law
regardless of the zone placed on their property, be required to seek approval
from Council through a public planning application process.
In limited cases in the Loch Lomond Road area where there was opportunity for
infill between existing residential developments, allowing the potential for some
infill along this existing public street has been recommended through the
housekeeping amendments to PlanSJ. However, the ZoneSJ team continues to
recommend that rural residential development not be permitted to take place
along all available public street frontage as this is not consistent with the policy
direction for rural residential development in Councils Municipal Plan.
PianSJ specifically refocuses rural un- serviced development to targeted Rural
Settlement Areas and limits further subdivision outside of these areas. This was
an adopted policy direction in P1anSJ to ensure the long -term economic and social
success for the entire community. Refocusing rural residential investment in key
areas creates more opportunity for economic investment in the rural areas that is
not compatible with rural residential land uses.
This approach also directly supports serviced investment inside the Primary
Development Area (PDA) to ensure the community can capitalize on investments
planned in the PDA related to Harbour Clean -Up and the P3 project for safe,
clean drinking water. If City resources continue to be diverted to support un-
serviced, rural residential subdivisions, these necessary investments in the
renewal of our city infrastructure will not be sustainable over the long term.
r
97
M &C- 2014 -091 -7-
July 7, 2014
Investing inside the Primary Development Area increases the utilization of our
existing roads, sidewalks, parks and other community investments in recreational
and cultural facilities. This will also support the creation of needed density in key
areas to support our transit system, and increase the overall assessment base
without a corresponding increase in the costs from expanding infrastructure. This
allows us as a community to reinvest in our urban public spaces and streetscapes,
directly increasing the quality of life for all Saint Johners. This policy direction
ensures our rural areas, intended to also support economic investment
opportunities for the betterment of the entire community, can do so in the future.
P1anSJ does not eliminate opportunity for un- serviced rural residential
development as this is one type of housing that is one part of the overall mix of
housing in out community. Rather, Councils Municipal Plan refocuses rural
residential development in key areas to reduce land use conflicts and drive
investment to serviced areas of the City. This was a strategic policy decision of
Council and the Zoning By -law is implementing this direction. Should Council
wish to revisit this policy, the appropriate time for this is at the five year plan
review stage planned for 2017.
It must be noted that during the ZoneSJ public engagement period there was very
little feedback received from the community with respect to the approach to
zoning in the rural areas. The feedback we did receive (three requests
representing approximately 1 percent of the total responses) was from a few
property owners with vested interests and at least one who had significant
development potential under previously approved rural subdivisions that have not
yet been completed. Councils role is to ensure decisions are made in the best
interests of all residents, not just a few with vested interests in the short term.
In terms of availability of rural residential housing for consumers, it is important
to note that with existing approvals in place today there is potential for over 300
unserviced rural residential lots available to accommodate demand for this type of
housing in the future. There is no shortage of rural residential lots available to
prospective purchasers in Saint John.
With the potential for Energy East on the horizon and recent approvals for
additional aggregate extraction in the rural areas, this is a critical time for Saint
John to realize the potential in terms of economic importance of the rural areas.
PlanSJ and ZoneSJ will mitigate future land use conflict from unmanaged rural
residential development and re -focus investment inside our Primary Development
Area and to targeted Rural Settlement Areas. Therefore, the ZoneSJ team
recommends Council stay the course at this time and implement the rural
residential policies in PIanSJ that support the long-term vitality and sustainability
of Saint John.
98
M &C -2014 -091
July 7, 2014
What are the Next Steps for ZoneSJ?
The proposed Municipal Plan amendments have proceeded through the formal 30-
day public presentation period, and the final draft of the Zoning By -law has been
translated as required prior to adoption. With these two key milestones now
accomplished, the ZoneSJ team respectfully requests that the proposed Municipal
Plan amendments and the final draft Zoning By -law be referred together to the
Planning Advisory Committee for their recommendation, and that the Public
Hearing date for these matters be set.
Advancing the recommendation today will provide the community with
approximately eight weeks to complete their review of the final draft Zoning By-
law ahead of the Public Hearing in September. The time will allow Saint Johners
to seek further clarification from the ZoneSJ team, propose any final
recommendations for change, and most importantly prepare their submissions for
the Planning Advisory Committee meeting in August and the Public Hearing
before Council in September. Given the significance of this process, the ZoneSJ
team will release additional communications over the summer ahead of these key
dates to ensure broad community awareness of these final opportunities for input
into this process.
Summary
This represents a significant milestone for Council in implementing P1anSJ and
supporting efforts to advance the One Stop Development Shop principles that will
see the development of a more customer focused development service that aligns
with our community vision for a more sustainable Saint John.
RECOMMENDATION
It is recommended that Common Council:
1. Give notice. of its intention to consider the proposed Zoning By -law and
related amendments to the Municipal Plan at a Public Hearing to be held in
the Council Chamber on Monday, September 8, 2014 at 6:30 p.m. (and
continuing, if required, in the Council Chamber on Tuesday, September 9,
2014 at 6:30 p.m.);
2. Refer to proposed Zoning By -law and related amendments to the Municipal
Plan to the Planning Advisory Committee for a report and recommendation.
99
M &C -2014 -091 -9-
July 7, 2014
Respectfully submitted,
Stacey Forfar, MBA, MCIP, RPP
Deputy Commissioner, Community Planning and Enrichment Services
Jaueline Hamilton, MURP, MCIP, RPP
C mmissioner, Growth and Community Development Services
J. Patrick Woods, CGA
City Manager
SF
100
M &C- 2014 --091
July 7, 2014
Appendix A:
Municipal Plan Amendments: Package and Submissions
101
V J
0zb
up cc III IL
June 23, 2014
His Worship Mayor Norton
And Councillors
Your Worship and Councillors
SUBJECT: Proposed Municipal Plan Amwidmant — Arrwndrasnta r@Isted to the
Proposed Adoption of a Now Zoning ByY -Lsw for Tina CKY of Saint John
A Public Presantadon was made on May 12, 2014 of a proposed amendment tD the
Municipal Development Plan which would amend Policies LU-8 and LUA with respect
to the establishment of the Prrrnwy Dew -Area; emend the preamble and
Policies and Policies LU -75, LU-76, LU-77, W-78 and LU-80, and add a new Policy LU-
80.1, with respect to Irrdustriaf Areaw repeal the preamble and Polloles LU-108 and LU-
100, with respect to the Rural lndushIal Ares; amend Poky LU -118, with respect to the
Federal Transporteflon designation; add a reference to Policies LU -71 through LU-82
after Policy LU-120; repeal the existing Schedrde A — CRY S Oure and the existing
Schedule B — Future Land Use, and replace them with a new Sclxedrde A -- Clty
Satriudwe and a now Schedule B — Future Land Uee to incorporate changes to the
policies and schedules of the Municipal Plan that are required to ensure dear alignment
between the Plan and the City's proposed new Zoning By-law.
The required advertising has been completed, and aged you will find a copy of the
public notice. and any letters of opposition or support received.
if Council wishes, it may dioose to refer the matter to the Planning Advisory Committee
far a report and recommendation and authorize the necessary advertising with a Public
Hearing to be held on Monday, September I e. 2014 in the Council Chamber at 8 :30
pm, or not to proceed with the proposed amendment process and adopt a resolution to
deny the application.
Respectfully submitted,
Jonathan Taylor
Common Cleric
Attachment
132
102
PROPOSED M1: MCIIPAL FLAN
AMENDMENT
RE: AMENDMENTS REIATED TO THE
PROPOSED ADOPTION OF A NEW ZONING
BY -LAW FOR THE CITY OF SAV1T . 0W,
Public Notice is hereby given that the Common
Council of The City of Saint John intends to
conskhr an amendment to the Municipal
Development Plan which would:
a) amend Policies LU-8 and LU-9, with respect to
the establishment of the Prawry Development
Area;
b) amend the preamble and Policies LU -75, LU -76,
LU -77, LU 78 and LU -80, and add a new Policy
LU 80.1, with respect to Indusbial Areas;
c) repeal the preamble and Policies LU -108 and
LU 109, with respect to the Rural Industrial Area;
PROJE'1' Dy MOI)MCA1101q DU PLAN
MUMCIPAL
OB,TL:: KICI)MCATIONS RELIES A
VADOPTION D'UN .NOUYRL Apjp1*Tf gUg
LE ZOFAGE POUR LA VHZE DE SE,.Iir T
JOHN
Par les prdsemm, un avis public est donnd par
lequel 1e Conseil communal de The City of Saint
Jobn a Nixtention d'6tudier la modification du plan
d'
am&agement municipal Mme suit
a) la modification des principal L1 T 8 at LUA,
eoncerngnt 1'6tubliswment du principal secteur de
ddveloppet;
b) la modification du pr6ambule et des principes
LU -75, LU -76, LU 7'7, LU 78 et LU-80, e't
I'adjonction d'un nouveau principe LU -80.1,
conoernant lea sectgw2r indus&wls;
C) Pabrogation du prdambule et des primipes LU-
108 et LU -104, concemant le secieur industriel
rural;
d) amend Policy LU 118, with respect to the d) la modification du princ km LU -118, c cmo=mt
Federal Transportation designation; la d6signation de secteur de transportjZddral;
e) add a reference to Policies LU -71 through LU- e) 1'adjonction d'une rdf&wce aux principes LU-
82 after Policy LU 120; 71 h LU -82 aPrbs le Principe LU -120;
t} repeal the existing Schedule A — City Structure
and the existing Schedule B — Future Land Use,
and replace them with a new Schedule A — city
Structure aM a new Schedule B - Future Land
Use.
A public presentation of the proposed amendment
will take place at a regular meeting of Common
Council on Mondey, May 12, 2014 in the Council
Chamber, Lobby Level, City Hall .
REASON FOR CHANGE:
To incorporate changes to the policies and
schedules of the Municipal Plan that are required to
ensure clear alignment between the Plan and the
City's proposed new Za ih4 By -law.
Written objections to the proposed smendnumtt may
t) Pabrogation de 1'Anneu A -- Structure de la
munk*`alitd exxtistente at de 1'Amum B —
Utilisation future des ,roll emgtante at leur
rempiacement par une nmvelle Amaexe A —
Sbactu a de la mw cipalitd et une nouvelle Annew
B — Utr kwation, fieture den aols.
Une P*MWM Publique du projet de
modification aura lieu Ices de la r6union mdinaire
du conwil commtmal le )USS 12 mod 2014 daps la
salle du conseil, au nivwm du hall dMtre, h 1'h W
de v9le.
RAISON DR LA MODIFICATION:
IrtCoiporer deg ahangemau aux principes et
annexes dal Plan municipal qui soot n6cessaires afin
d'assurgr quo le Plan et le nouvel arrW sur lc
zonage soiamt atlign,bs.
V=Uez &IM part su 0011"d Par 6=9 de vos
133
103
be made to the Council, in care of the undersigned,
by June 11, 2014. The proposed amendment and
additional explanatory documents may be inspected
by any MUMsted peon at the office of the
Common Clerk or Growth and Community
Development services, City Hall, is Market
Square, Saint John, N.H. between the hours of 8;30
amL and 4:30 pan,, Monday through Friday,
mclunve, holidays excepted,
The proposed amendment and additional
explanatory documents are also available online at
www.saix►tjahn.ca/zOnesi.
1f you requuie French services for a Common
Council meeting, please contact the office of the
Common Clerk.
Jonathan Taylor, Common Clerk
658 -2862
Objections au prejet de modification au plus terd le
11 jinn 2014 A 1'attention du soussigod. Toute
pmonne int6ressde pew examiner le prgct de
modification ea des documents explicatifs
additiomlels au bureau du gredfier communal ou au
bureau du service de la my issance et du
d6veloppement cammunautaira A 1'h6te1 do vik au
15, Market Square, Saint John, N.-B., emm 8 h 30
at 16 h 30 du land! nu ve mfiwL sauf lax jours
f6i6s.
Le projet ale modification ct den documents
explicatift additionnels peuvent dgalensent Eft
Consult& en IiVe i l'adresse
www. "ohn.c IAMCM
Si vous avez besom des services an fro ws pour
une r6union de Conseil Communal, veuillez
cantaeter le bureau du greyer communal.
Jonathan Taylor, Gn fier c ommumal
658 -2862
134
104
MEN KED I
'#R INUM[m . /i 140/14
Ad Ib- OMIca
rd?aellLut�r MClna: 3sint John Common CIsrk
Q"H* �'bc AOr 21 7A14 09MAm
dvz7ft-9 caf: 371206
h*. 4M x 16.78 h
Btfi" De 412 1{114
� 4VM4
Na Doug 7ilortreon
cumnAppmw
OK O
rsr '
a . eR�a�wrt eMF � warms �d<
er����a.'.� r�rdt �■�s
giY6ilY11ai� plN.dwrlrlr
t�wiAr'�� � i■rrtu FiYl■p�
wwliliwlW�l �w��
.w�Mri� � ■rr�.rrnaewp,r,yp,
:�paA■e IWa�P�, ese�L
Nw.rrra�
..■N %a �''"""■"�
rr �r■r.r
r •e+�Glri�AMA
llur�rYrMry `�A'q' -.td 1 4
4rlil�llfFl7!
Ift#A _■M a �rA41 rr
OIL
ME
r.�riernur i F4�rxn.r��e�+.e.r Ewa
■��w�r 7nAMeMi�c..
4�y�grx�a r Dui :wrr�s
w�;+ca I u.
e=rM 04NO+4tir I nwr�''MWi° ,Ike
�rrrwor�a�aagp� ! �Iwu�t�
P�i�f n.�YUrR
1�MlIU.A�y«q�xrie 1�4is■6�id� �
i'irypNa2w�i"��w � « «ias�e
r�r7yt�:N7ur7 ~M re s+�r. wllw�■
Anr��a � .rran.o.
n+ r.r�nr■ { rilyn�is.MSr�ir�
�� rd�rry. �ri�sN�n4wak.�r
9speM.yla�wrb�rAy�A�iLp�Ywands wA[SIyfi1N1 �i7KWAk' f1
a N *mow
s�a.�rvns�s�
i
135
105
136
106
137
107
138
W.
139
109
COMM-IN CLWS OFFICE
JUN . 9 2014
C OF SIN' JC*N
June 9. 2014
Th Mayor Mel Norton & Coin of the city of Saint john,
We have em==d our CMCC s to this present council dt the pa.;t council over the new
noz* xd PhmSJ & ZoneSJ for some time now. On Monday May 1,2!14 the Enmal bylaws wen
presented to each of you for consideration by the eity's head per . In the Propo� iryl�av� far
our area of Saint John in Red Head - it is proposed that our hands be r zfta d. to RR , yla (Rural
Res nines & Heavy h dusWd ) . Thy am presently zowd RS2 & RF . Tda land was a d&W y
P=based for alur fim* to buid homes an mm 20 years ado . We did not ask for or want our
praperty to be mmued to that which is proposed by yorar planners at city ha. In fact fram day
one of the city's i denflon to renew the municipal P1m we requesftd that our lands remain RS2 a
1tF . See letters & emails that you have on record to court. & planning. Also nowhere in P1anST
or ZoneSJ does your head p1m mcr ficknowle* our ngtb to build homea that area gtmrwnbeed by
the Bayside Dove C ntrolhecl Access Street By -Law of September 24. 2007. See copy of at�ched
by-law.
Once again for alarky - our lands arc to be left as RS2 & RF phis the leW right to com;lrua
homes on in the firture .
=1
Dais dt Janice fb to
865 Red Heed RDad
Saint John NB
E2P 1,13
pid - 00336701
140
110
VP
BY LI-W r I r CS-13
',YSM'F, X71 VE COMM41 rLtBD
. ,O—I ,5 sT iwzr DY LA vir
Be it anowd t7 dw Comma OMMM
of ft City of Brut Ado undw ft audxoft of
dM C OMMMAW Plate Act, as folioww
i Tld� byF -lay► maybe dted as do
"BOWS
Laity.
2 TI= bg4r dw B.ryside Drive
xal sfta bdwom Oki Ble& Rmr Road
M d am PYtd Road 6MVIcudy do waM,
rdwred to a the Red Hud Swmde y A�
Raadj to be a c=ftvTIdd acoeas xhtt ad
allowed to this poatiatn 'of ft r
set c0 in Us by4aw below,.
3 For *a vwjw� fq' ft b7I-tw, am t=
"pint mar is to =rw 14 the paw of
lard. " adjoin. B`yWc Drive bdwum told
Blsotr River Road WW 'EtcPMd Rod wd do
wow r,dgftg at dw th me of dw eonshuc on of
tt =dim ofBsy Ddw
4 Me VmIsM of Bryn& Drive and &C
P=db of lad or PM:w pvpmtw mfntd to
ia tHe by4w my d wa on tom mg is
Soh dde `"A" sa=W hmvb3 aid fimulAg pxt
of. fib by-IM
� �.iroited 11 -a� to Btcye. D�vo �I
be p0do*cd i;- to i OVA ng uses smd
GnUMM:
(a) wSounuk ublit ► and +may AMIX
bad sbcd =am to be aid ac pw
of a wAdhisim plea v & de 9p
ofd aab;tivie#=is aaoh that ail ofdlw
putrid lob *at an 210 loco shut
end ft Edon aoo-M to dMc I* is by
"W" V=L;
CQW16iCLEl �, ,.
JUN 9 1014
tumftt Du LBUTATFON DIACCU
ffEs RUM — MbiJIIADY, RAYMMR
Le cea:"il c=uwd de The City of
SOW 301 , w= l® t1. L= ik la bg xw
tWbM&ms, ddk*o en qui rWt :
I Le Pmt suwP A &a dtdWN la
A
3 Cd MM &a= gwja vdeMIjj0&
gRaw Pw=u& fty" tyre is &c wn
Cod Rivw 9;10 d== PMd (Mckm
atmaa MdMft va Ie Homo do volt d'accas
swwwkhe Red MmM dmdemw mw rau j
MOM ct ca vacta do pct naW,, quWAM
l� ��a
3 Astx ft du Ptaut wak Pwwwdn
mss) dk di a nnio as pwwUca
do teraia attar has L k p=Mw& BzWb
cztM In dMMfn Cid Black lover at is
Pt cud at qui mat p*entu au nancd de la
omwkucdm do ciUc nW= do la pmmanads
Drives
4 Lup din k pmuwn&js gayer ct lm
PUW3=MIWPf0PM*dkd&vv=W4Aw
ii au fait ZMMCM dw oat wft xnt
inW5--, vff is Qffft d'aft*n&=09 Sit
thawwCAD cH c:%Pw&,b
UK o
5 U2 as limitb h h dmdf on iowla
um P OMb UD*mctdm Ic cu dw msi s
at moats aivanw :
a) M nag& ant nom, EM srrvk=
pubN= et an cu d%jSMwg
b) uu acch it Ia na loadr, tam, parade
dsw la ca" d%w pka ► bdw=W
aid Iu amwgw i pow It kdMamaat
art Z 1--VU8 W Iate PIDPOMIS
daari oat stir in xw Zos at qw le a1
141
ill
maku of tai loml BUVC4 in gle a
of a parry rAvww to 'N dmdgi
by am cmusudon or an Bawswe
Ddw an'und shuck local xked a0cm
io anowad an dw pumt pmPuly an
CS& BW of -d a Bawoe Dzhv aerkrhL'f
(0) me am= In lion of a lard
Ctvd wban f% kwwm of do load
aw=ftd to try Cum fl but no local
ObW im l xi dovd%m d on ft
parmt pmpr"r, vft the Coumm
(i) ' ow ddvvway aroaaea be
pumiacd ad is to anly oat
lot an amb pa mt prq" (am
Ca wzh addax of BRYEWO Dziw);
O',) the ddm way acom be k=W
wbxo a kod *ad wmid be
dmipped mmft to tip jL
ofC;
pwdiOoaa be made fw Me
Of u Vchkh(a) Za ddvoway
so ffiat no v i* w w be&
Ono *0 a tedal nil.
S as raaA Gm rtatcd in 5(4 ft (c) abovg
thedwdWaWMbar -Meft*s
dwhm cauefiroadan &Ud pvft of tw
soom ftm tbo pme®t pmptdy line to the
paved tmvvl umbw of Bode Dnve in
wmdeaee vAh aepodfimdow of 60
Dates bf Mmi#d Opmvd= and
enowming of am city of iieiat kb4 is
.. on to to mama wq*cmsl& of sm
Sbdi+vinion By-law of the Chy of SuM
aft. This vi M i dv& prnovWtag
appnop i
MR ou v rb mud my neu mmy
prvnnow for pnbHo uilidum
���OF�10E
.UN. q 1014
rm dw Ia CBS
dbdgbna qui a &Apsa ad mi®on de'
IS couskoWon do Ja vWe m kjC&
pnnnm do Dquift 1' r A in ram
d%dgiaa do alr qw Ow do b vwe
wMCW'DPrmRw*ftBqyWk
o
WO vuiu ftdfi Cm ONat I=dm
00 de ICE
rte lw o sit hu
nic tfion au paht Sbl a rep
Puv%#� do ama =do mmm
roe loalo at W am*wak sm GCft
PmPrMd dtd*neo a
M �ulmo vwC dwaces soft
perms of I* oat vdqmmmt
aa lct ter,' cbagae lam"
dmquo cW da 13 pmmenWe
B"")..
(n) qe Is vodo d%x& m tmwo w1
aoo m bale am combuft
owfmm6h t A Pam
do eons
q,''o ftaffim amt
Vim pm 10 AMP do
VA-we" 9d via Is Vag
d'& de an* qg'
.lkuls na p♦wg . rnitx. sw is
�dod6ampmat
A' Dtms dww am MMSOM6 am pairu
54 b)at a)"muk1apumatmw =a
�et del� dalevuae
dc In %pt, dalamd. 6 a
aurlm oe do ddpleaxmww wph*& do le
do ifvlmr drs Op v-a at
swe wookipsur do The city aft ,
cmplas des mom vmnda dro l�"W
aanma ut to lofifimming & Tim my of
Sd d Jobs. IS VrDMOOMW &M jVkMW
AyAmk d w go�.ua odbpft at prmft lm
mmm n&mmim pour to muvicae p "QL
142
112
IN on ovwmuwdw cityof sakt
John ]ol Cumd the cmmm c"pamft Seel
of do odd CRY to be a OD99a bylaw law tine
Z dqy oP fiber, AML 2007 aril
n r, W--D- - �
JUN
8N Fm ns Quo; Tux ay of
Ah amommn mm ounmmw
6 io 2+4. jaz de ftolwfto 2M aw In
P1rst - Sq*mbrr i% ptc&datc NOWM ..10
qXembre
SOMW
Rem - Sto=bw 1% 2W7 D -10 2007
Tbkd RmiHng . SWWmbor24, 2W7 TrDidims bMw - 24 uPtumbm 2007
3
143
113
204
GUYSIds Drive Corjfro��j `;-�,c7n7"
"Cass
rON do fn t, stnU-f7 V. kki'- ivilWbou d,t ,
�4ktwal,,. gay,
, �
ftlupll'-r..
2w1. C. c T
1,50-,OA Rg #d Red
La wn: Pm MWO SawkIs Ddw
-MGM
Jf* 24 jUMe4 20 7
to scak-Mas A Ild"ie
'114
.VI
A rt —A
8
2,
4-1 side, Orive ControlleAct-, es,s .est U4Y-!-a-vf'— &tIW-cIIuhroeia — prcif-m,
1-1 11 ,
I-
Aa,c,-5 t
16.0
aJ5.icoor
>1 I I ej
00��1111
%01-e ss
I
Sul," WteMiw an wa-Wo-m
UM-00n., Pmff mmde BuysMs Dove
Pates July 24 JuMet 2007
I
"k*V
A-11*w1e: Not ft mmiefts A M"Im
145
0
.,a
92014
AM -'5
cart?
30-� 5.r
= MEMBERS OF PLAN SJ AND COUNCIL
On the surface it seems to be a good idea what you are trying to do
by getting the citizens to move to the center core of the City. This
may work well for the Middle aged, and Senior Population bit. the
younger generation do not want to bring their children up in the
City Center. They would rather bring them up m areas where they
can breath fresh air and have areas to play in, not on streets,
parking lots and small green areas that are used for other things not
conducive to a children's play ground. People are also sick and
tired of being taxed to death for the few things that they receive for
these high tax dollars. They move to the suburbs where they get
these things, along with things for their children to do and places
to do them in at a fairer tax rate.
I do not feel that the City or Plan SJ have the right to arbitrarily
change an areas designation without even consulting the Citizens
that will effect without a community meeting as this effects all
people in the area not just a few people. You are expanding the
McAllister Industrial Park, the 2 gravel pits (both 'Thomas and
Debly) and the Debly Rock Quarry and you will also be re- zoning
the Anthony's Cove area down to and including the Mispec
stream. I feel the residents should be subsidized and for those who
have to move due to continuing health issues that this change will
exacerbate to be able to be relocated.
DAVID G. GRIFFIN
L
146
116
(tc,)
JU'V t t 204
June 6th, 2014
TO: The Mayor & Coundl, The Chairman of the Planning Advisory Commiltae, The Common Clark & The
Planning Office.
RE: Wigrildoal Plan 6M-,,W
mg in
Ars Ultra Car Sales & Service
2086 Ocean Westway, SaintJohn, NB E2M 5J1
PID # 00297458, 00287441, 00287474
We are writing to ask that you Include us in your Municipal Plan Amendments, so that our
properties fall under Stable Commercial Classification (MP Sec 3.5.2), and not stable residential as I
understand Is in the current Municipal Plan. If the city has another designation that 11m a Commercial
Car dealership which is our eidstirg use and not making our business 0 awmftn we would consider It
It Is imperative that the Municipal Plan and Proposed Zoning By-Law be aligned to reflect our existing
use. We have made our concerns with respect to the proposed zoning known and hereby reiterate our
concern.
We are a large car dealership, which has been in edshmm at this location far over 20 years and
continues to grow and evolve. We are asking that you recognize our dealership as a Commercial Area,
which would PROPERLY REC2GIVt2'E WS E7tlMNfir USE mid gj an
Our Property Is located on Ocean Westway (Hwy 100) and Hwy 7 beside us (see schedule A & AA), The
area is a vast mixture of Various businesses. The area is rwt transitioning lift residential at all as is
suggested by city planning officials. Not a single business has reverted back to residential and there have
been no new residences bulk in many years. To the contrary; the City Is looking to rezone a huge
property just down the Road (14") from us to be zoned tight Industrial (see schedule B).
We have had much correspondence to the city with regard to our property and has been our
understanding that we were to be s Commercial Corridor (CC) in Zone Si, (see schedule C) and would ask
that you please amend the Municipal Plan so that it Is proper. OwA=g aaahWmd Jane,euhlft
C rnrnarclWHrrsdir m air wk be re ognked as suck aedrrutbc an air. We were there long before
the Municipal Plan, and mere told by planning officials In late summer 2013 at a town hell meeting, and
was in the Oct 2013 City Zone draft that we would be CC lane. The CC Zone designation, with
restrictions if necessary, would be acceptable.
There are many o ftr comparable properties thru out the city being amended. Just up the
street from us the City Of S! has recently acquired a property (formerly Fundy Fencing) and wooded
areas beside It W be designated as stable commercial. This is directly across the street from a brand new
housing development (See Schedule 0). There are numerous other examples the city is looking to
amend with Stable Commercial designation, Bentley St (Green Lee Shoes), CedarCrest Garden Center,
On the Vine/ Tim's etc.-We respectfully request the same consideration.
We bell*ve the City of Saint John wants to do right by the business owners within our city and
we are only aslrJng what should have been done at the outset of Alan S1. Our property meets the
requirements for Stable Commercial designation. If the city has another designation that s fits a
commercia I car dealership which Is our EXISTING USE and not mgft rah gg ehraerrM" VAR NO& r
I&
This Commercial Business Its our life's work, We don't believe It was ever the Intent of Plan SJ to
have long emblished Business owners losirhu sleep aver new designations. QWr Bony fide Prue- ExisNrr
Cotrrrhenc�► I busyness should be In the fiknfd g_erl Plan cr cis Suei►R Srrsd should not by as emytiorh;
Anything else would not be Proper or Fair.
Thank You
AI W iffams & Karen Connell jW 112014
Av,6o)Jkz:- 147 441.1 - CITYOFaAINTjOW
117
Logone'
Subject Property (lee)
PID(s): 00287458, 00287441 and 00287474
Od. 2013 Dnts , Corridor Commercial (CC) and RUral (RU)
Feb. 2014 Draft: General Commercial (CO) and Rural (RU)
Dew-.February 7, 2014
0 U r koco..-+pan
Vi Wa 148
118
0 125 20 sw
� � Oi11471wgrdBM+llohn
-The.; Re,6+ of� our
?,ro -periy
New Brunswick Route 100 - Wilipedia, the Erse encyclopedia
•
Ne-aw Brumeirtic h TRwate AG
From U lkipedia, the t%ee encyclopedia
http:l'wLwiki *W&org/wil&Now_Brunswick Route ,100
Sehfockult A 4
Roaft 100 is W kilometres long, and runs fmm Stmt John to JUmpton, New
Bnmswick. o.:
Route 100 follows the through route across Saint John and the KentwWassis
Valle}- that was used prior to the construction of the Saint Jahn Thwughway and
MacKay Highway. T'1 !'P"`r - - -- Route 100
{ and Roiwvr"IM xl a ,- J6* Md crosses Ow Renaming Calls Brklp iv -�hwky
I lrlG a�utb s�cl. t $ken Cl�S4e9 a v18dUC�t tri tJLa C113i Centric, where it takes
City Road to the east side, and Seaver Saint Mm on Rothasay Avenue. Route 100
continues as the Hampton Highway dmi& the Kermehecom River VWJgy towns
of Rodmey and Quispamsis, and uses a framer allgarnmt of Route 1 to roach
Hampton.
See silo
a List afNcw Smnswick provincial highways
References
Route Wbroation
Maintained by New Brunswick Bspartmeru of
Tronsporiation
U10Eh: 48.61uan1(30.2 mi)
Cxb": 1976 - pmsent
Mojor)noetions
Wag end: &-13 Route 1 In Lormy1ke
Esst end; ("7] Route 1 h, Hmn"
Loartinn
Major Saint John, RoOmm5', Quisimmsis.
d": Hmq ton
1. A N w Bnmwick Uepmunent of Transportation: ,taeaig dPmPbw ni H*6gya,
2003
H*aY
PrOvlaeiel bigdwaya to New SrwoRwiek
Farmer TOWN
Retrieved from "httpJ /en.wik*Ma.arg I Route 95 Route 101 E
/w /indrar.pbp7dtle-=New Brunswick- Route_100&oklid- 604248287"
Categodcs; Now Brunswick provincial highways : Reads in Saint John County, New Brunswick
Roads in Kings County, New Brunswick Hampton, New Brunswick Transport in Saint John, New Bums wick
New Bnu swiek road stubs
a This page was last modified on 15 April 2014 at 03:21.
■ Text is available under the Creative Commons Attribution -Sh mAJD a Lica a-, Additional terms may apply. By using this
site, you agree to the Terms of Use and Privacy Policy. Wildpaite is a registered trademark of the Wikimedia Foundation,
Inc., a note- profit wsftni�on.
149
1 of 1 119 2014-05 -30 8:42 PM
wF44L O PAIJ Il luu®u lal r-OIE H I WO LMCII IIm►y 6UGUC55nA
In fultiiiling Its mandate to create infrastructure to
facilitate the sale and development of Industrial
lands with the vision of generating tax base for the
ft as well as Jobs for cfdzens.
So successful, In fact we have less than 50 ages
of land In inventory for resale and development
purposes, we simply need to fncrease our Inventory
SO that We AM prepared to address future
development needs and opportunities. Opportunwas
which will expand our tax base, and ensurejobs are
mailable Wftbt John residents.
We have applied
to re-zone the i
40 acre parcel
of property
bordered by
KingWIliamRd., }
Ocean Wastway
and Route i as
a sWP toward
rebuilding our
Inverrtary.
We know you will have questions. We
have ,Itternpted to Identify and address
a fey► of those questions bekw.
What types of businesses can we GXpect in this
development?
We are appiying to rezone this property as ught
Industrial.
Witi there be increased &Rfflo on Oman Westvray?
We anticipate Route i highway access to be a
ptimaryfeature of the location• r ve
Ocean Westway.
Is there a notion on !hours or operation tar tenants*
In our a pKience, light Industrial users I) picelly
operate as 9-5 We operations.
Tell me about noise at night?
Because light Industrial users are typically"type
operations, minimal if any noise impart is anticlpatef
Outside of their normal window of operation.
Will there be light pollution?
Owtailniy Itglht 1913111 18 a iegItlmate concern. We will
mandate tenants that they are not to have rear
building mounted lights and further a proposed 45
meter (150 feet +) buffer between the businessas
and existing residential will be eriforced; at 45
meters the buffer Is 50% wider then mandated by
current chy planning documents.
Impacts to Water
The proposed development is outside of the
Municipal and PmAnclal watershed buMN% no
Impacts are expected. Further. SJIP, whM has an
established record of erniranmentat sensitivity, will
be held to the standard of a 100 year storm In the
planned control all surface water.
Wig there be bl
Accordingtn our initial gibe Invest gstfons there
will be no requirement to blastfor installation of
municipal services.
SC-heaul q. I
Tvs+ dawn t'oo d IF-ram gas.
150
120
Legend
Su*ct Property Qes)
FIC(c): 40287458, 00287441 and 40287474
OeL. 2013 'Drift: Corridor Commercial (CC) and RUral (RU)
NO. 2014 Drat Genera( Commercial (CG) and Rural (RU)
Caie:February 7, 2014
r.
fA.
151
121
0 125 250 boo
�.r m�aeytp aq � E+rxJOler
Cam P�v.��+�acbats.Ut�onn
ssoaTM.daor.id.�
StG,rP31M
sahtau\c 't)
152
122
I
Our ?ropEc+y
153
123
I
M &C-- 2014 -091
July 7, 2014
Appendix B:
Recommended changes to Schedule A: Zoning Map
124
I Zbnels 1 236 -240 [A Midge Avenue #I I
Legend
Subject Property (ies)
PID(s): portion of 00430975 (boundary adjustment)
Feb. 2014 Draft: Local Commercial (CL) and Two -Unit Residential (R2)
Apr. 2014 Draft: Local Commercial (CL) and Two -Unit Residential (R2)
Date: July 2014 4 nL
Q 15 30 $p
L 1 1 I 1 . 1, 1
Meters
Catueodule ehCityit off Saint
Carts piodulls per The pry nF5aln1 Jahn
02014 The City of Saint John
SAINT iOHN
I 7.,o 1 360 Rotnesay Road # 2 I
Legend
Subject Property (!as)
PID(s). Various PIN
Feb. 2094 Draft: Pit and Quarry (PQ)
Apr. 2094 Draft: Rural (RU)
Date: July 2014
0 260 Goo 1,000
Meters
• C3aaataa bythehe t orS John
Carle produRs per7he ay of 8ahtl Jahn
O 2014 The aly of tight John
SAINT JOHN
Feb. 2014 Draft
40
VI'l
Apr. 2014 Draft
lll -U-1
0
I 6n I Latimore Lake Road #4 1
Legend
Subject Property (ies)
PID(s): Various PIN
Feb. 2014 Draft: Rural Residential (RR)
Apr. 2014 Draft: Rural (RU)
Date: July 2094
12
0 200 400 Boa
u • 1 1 1 I I 1 I
Meters
Map Gmeted by the CRY of Saht John
Carte produft per The Cky of S&A John
a 92014 The CftyofSehtJohn
SAINT JOHN
I ZoneSI Golden Grove Road ! Dolan Road 1 McGill Load #5
Legend
Subject Property (ies)
PID(s): Various PIDs
Feb. 2014 Draft: Rural Residential (RR)
Apr. 2014 Draft: Rural (RU)
Date: July 2014
129
0 200 400 800
L�I— - -e I I I I i
Meters
., Map anleted a the dy of hint John
Celts pluduRe par The City of Saint Jahn
0 2674 The Ckyof 9eint John
SAINT IOHN
eS Golden Grove Road 1 Bradley Lake Road # 6
Legend
Subject Property (les)
PID(s): Various PIDs
Feb. 2014 Draft: Rural Residential (RR)
Apr. 2014 Draft: Rural (RU)
Date July 2014
0 200 400 800
Meters
Map meted by ire Chy of SmhJo,n
Ceroe produ@e per The City of Saint Ahn
02014 The CNy d Satnf John
SAINT JOHN
bp ;1 Cosy Lake Road /.Leafy Vale Lane 1 Churchland Road
Legend
Subject Property (ies)
PID(s): Various PIDs
Feb. 2014 Draft: Rural Residential (RR)
Apr. 2014 Draft: Rural (RU)
Date: July 2014
0 150 300 600
I r i ti i r I i
Meters
kbp cnm ted by the City of Saint John
Carte produke par the City VSent John
® 2014 The City of Saint John
SAINT JOHN
M&C- 2014 -091
July 7, 2014
Apper.dix C:
Final Draft of the City of Saint John Zoning By -law (July 2014)
132
The City of Sainte John
Zoni*ng Bymlaw
2014
Z
Growth and Community Development Services
Community Planning ands �2velopment July 2014
Contents
] TITLE, SCOPE, INTERPRETATION, AND REPEAL ..................................................... I.,.................. 1
1.1 TITLE ................................................................................... ............................... 1
1.2 S COPE ................................................................................... ..............................1
1.3 INTERPRETA ri O N ..................................................................... ............................... 1
1.4 BY -LAW STRUCTURE AND NUMBERING .......................................... ............................... 3
1.5 SEVERABILITY .......................................................................... ..............................3
1.6 REPEAL ................................................................................. ............................... 3
2 ZONES AND ADMINISTRATION .............................................................. ............................... 5
2.2 GENERAL .............................................................................. ............................... 5
2.2 ZONES ................................................................................... ..............................5
2.3 ZONE BOUNDARIFS .................................................................. ............................... 6
2.4 PROPERTIES AFFECTED sY MORF THAN ONF 7ONF ........................... ............................... 7
2.5 BY-LAW APPLICAB ILITY ............................................................. ............................... 7
2.6 DETERMINATIONS, MEASUREMENTS, AND CALCULATIONS .................. ............................... 7
2.7 POWERS OF COUNCIL ...................................................... ............................... ... 8
2.7(1) Non - Conforming Uses ............................................................................. ..............................8
2.7(2) Satisfactory Servicing .............................................................................. ..............................8
2.8 POWERS OF THr COMMITTEE ..................................................... ............................... 8
2.8(1) Conditional Uses .................................................................................... ............................... 8
2.8(2) Non- Conforming Uses ............................................................................. ..............................8
2.8(3) Similar or Compatible Uses ..................................................................... ..............................9
2.8(4) Temporary Uses ...................................................................................... ..............................9
2.8(5) Unsuitable Soil or Topography ............................................................... .............................10
2.8(6) Variances ................................................................................................ .............................10
2.9 POWERS OF THE DEVELOPMENT OFFICER ..................................... ............................... 10
2.9(1) Certain Encroachments Occurring in Good Faith ................................... .............................10
2.9(2) Temporary Uses ..................................................................................... .............................10
2.9(3) Variances ................................................................................................ .............................10
2.10 COUNCIL, COMMITTEE, AND DEVELOPMENT OFFICER APPLICATIONS ... ............................... 11
135
�t
2.11 DEVELOPMENT AND CHANGE OF USE PERMIT APPROVAL ................. ............................... 11
2.12 BY-LAW ENFORCEMENT .......................................................... ............................... 12
2.13 BY -LAW AMENDMENTS AND SECTION 39 .................................... ............................... 13
3 DEFINITIONS .................................................................................. ............................... 14
4 GENERAL PROVISIONS: ACCESS, PARKING, AND LOADING ..........................
50
67
...............................
4.1
GENERAL ACCESS PROVISION ................................................... ...............................
50
4.1(1)
Access for Residential Purposes ............................................................. .............................50
67
4.1(2)
Access for Commercial Purposes ........................................................... .............................52
...............................
4.2
GENERAL PARKING PROVISIONS ................................................ ...............................
54
4.2(1)
Parking Exceptions ................................................................................. .............................59
4.2(2)
Parking Reduction .................................................................................. .............................60
4.2(3)
Parking Space and Aisle Dimensions ...................................................... .............................60
FENCES ASSOCIATED WITH PARKING LOTS .................................... ...............................
4.2(4)
Barrier Free Parking ............................................................................... .............................61
5.4
4.2(5)
Parking Lot Standards ............................................................................
5.5
.............................61
69
4.3
GENERAL LOADING PROVISIONS ................................................ ...............................
62
4.4
DRIVE -THRU FACILITIES .......................................................... ...............................
64
4.5
BICYCLE PARKING .................................................................. ...............................
65
'f'" A
5
GENERAL PROVISIONS: ACCESSORY BUILDINGS AND STRUCTURES ................. ...............................
67
5.1
GENERAL ACCESSORY BUILDINGS AND STRUCTURES PROVISIONS .......
67
"v
*.' ; ■'
...............................
5.2
FENCES
................................................................................. .............................68
5.3
FENCES ASSOCIATED WITH PARKING LOTS .................................... ...............................
69
5.4
GARBAGE ENCLOSURES ........................................................... ...............................
69
5.5
OUTDOOR STORAGE .............................................................. ...............................
69
5.6
SWIMMING POOLS ................................................................
70
...............................
5.7
GROUP ACCESSORY BUILDINGS AND STRUCTURES .......................... ...............................
71
6
GENERAL PROVISIONS: LANDSCAPING AND AMENITY SPACE
72
. ...............................
6.1
GENERAL LANDSCAPING PROVISIONS ..........................................
72
...............................
136
6.2 LANDSCAPING STANDARDS ...................... .........................,,.,.. ». _,......74
6.3 AMENITY SPACE ................................................................... ............................... 7"
7 GENERAL PROVISIONS: SIGNS ............................................................. ............................... 7701z
7.1 GENERAL SIGN PROVISIONS ..................................................... ............................... 77
7.2 SIGN PERMIT APPROVAL ......................................................... ............................... 78
7.3 SIGNS PERMITTED IN ALL ZONES ............... ............................... t
7.4 SIGNS PROHIBITED IN ALL ZONES .............................................. ............................... 7r'
7.5 BILLBOARD SIGNS ................................................................. ............................... 81
7.6 AWNING SIGNS ...................................................................... ..............................R 1
7.7 GROUND SIGNS .................................................................... ............................... 82
7.8 PROJECTING WALL SIGNS ........................................................ ............................... 84
7.9 WALL SIGNS ........................................................................ ............................... 84
7.10 OTHER SIGNS ....................................................................... ............................... 86
7.10(1) Construction Signs ..................................................................................... .............................86
7.10(2) Electronic Message Board Signs ................................................................ .............................86
' /.10(3) Horne Occupation Signs—...... ................................................................................................. 86
7.10(4) Neighbourhood Identification Signs ........................... ............................... .............................8E
7.10(5) Residerce Signs ........................................................................................ .............................87
7.10(6) Trinity Royal Preservation Area Signs .................................................... ............................... 87
8
GENERAL PROVISIONS: OTHER STANDARDS ............................................
its
...............................
8.1
BUILDING AND STRUCTURE PROJECTIONS ....................................
Be CZ--
...............................
8.2
DISTANCE f0 PUBLIC WATER SUPPLY .......................... . .......................... ......,...........
89
8.3
EXCEPTION RESPECTING LOT AREAS ........................................... ...............................
89
8.4
EXCEPTIONS RESPECTING YARDS ............................................... ...............................
89
8.5
EXISTING BUILDINGS AND STRUCTURES IN ALL ZONES ....................
90
...............................
8.6
EXISTING DWELLINGS IN INDUSTRIAL ZONES ..............................................
8.7
EXISTING DWELLING UNITS ALONG COMMON WALLS ........... ...............................
91
.........
8.8
EXISTING NONCONFORMING USFS ........................................... ...............................
91
8.9
EXISTING UNDERSIZED PROPERTIES ............................................ ...............................
91
137
8.10 HEIGHT EXCEPTIONS .............................................................. ............................... 92
8.11 LIGHTING FIXTURES ............................................................... ............................... 92
8.12 LOTS FOR SPECIFIC USES ......................................................... ............................... 92
8.13 MINIMUM BUILDING DIMENSIONS ............................................ ............................... 93
8.14 NUMBER OF MAIN BUILDINGS OR STRUCTURES ON A LOT ................ ............................... 93
8.15 RESTORATION TO A SAFE CONDITION ......................................... ............................... 5�+:
8.16 STREETS AND SERVICING ......................................................... ............................... d 4
8.17 VEHICLE BU D!EL. ........... ........................................................ ............................... 94
9 GENERAL PROVISIONS: USES PERMITTED IN MULTIPLE ZONES ..................... ............................... 95
,
9.1
ACCESSORY USES PERMITTED ................................................... ............................... 95 ~v
9.2
BED AND BREAKFASTS ............................................................ ............................... 95
9.3
COMMERCIAL VEHICLES IN RESIDENTIAL ZONES .......................... ............................... -..
95
9.4
CONVERTED DWELLINGS .........................................................
...............................
95
9.5
DAY CARES .......................................................................... ...............................
9 F
9.6
DWELLING IN A COMMERCIAL OR INDUSTRIAL BUILDING .................. ...............................
07
9.7
EXCAVATION OF LAND ............................................................ ...............................
97
9.8
GARDEN SUITES .....................................................,..,........... ..........................,....
08
9.9
HOME OCCUPATIONS ............................................................. ...............................
99
9.9(1)
Permitted Uses ............ ....................................................................................................
..99
9.9(2)
General Provisions .................................................
............................... ............................100
9.9(3)
Catering Business Provisions .................................. ............I.................. ............................101
9.9(4)
Pet Grooming Provisions ........................................ ............................... ............................101
9.10
KEEPING OF CHICKENS ........................................................... ...............................
101
9.11
MINOR UTILITY SERVICE BUILDINGS OR STRUCTURES AND PIPELINES .... ............................102
9.12
MULTIPLE USES ................................................................... ...............................
102
9.13
SECONDARY SUITES .............................................................. ...............................
102
9.14
SUPPORTIVE HOUSING .......................................................... ...............................
103
9.15
STORACE OF RECREATIONAL VEHICLES AND MAJOR EQUIPMENT .......... ............................104
9.16
TELECOMMUNICATION TOWERS ................... ...............................
............................104
9.17
TEMPORARY ACTIVITIES PERMITTED IN ALL ZONES
........................... ............................104
138
9.17(1) Temporary Construction Buildings and structures..,, ........................................................... 104
9.17(2) Temporary Garden Centres ....................................... ............................... ............................304
9.17(3) Temporary Sale of Christmas Trees ........................... ............................... ............................104
9.17(4) Temporary Real Estate Sales Offices ......................... ............................... ............................104
9.17(5) Temporary Special Occasion Structures .................... ............................... ............................105
9.18 TREE CUTTING ......................................... ............................... ............................105
9.19 USES PERMITTED IN ZONES ......................... ............................... ............................105
10 RESIDENTIAL ZONES ............................................ ............................... ............................107
TABLE10 -1 ........................................................... ............................... ............................107
10.1 URBAN CENTRE RESIDENTIAL (RC) ZONE ................. ............................... ............................109
MUNICIPAL PLAN CONTEXT .................... ............................... ..........109
10.1(1) PERMITTED USES ............................... ............................... ...109
10.1(2) CONDITIONS OF USE ................................. ............................... ............................110
10.1(3) ZONE STANDARDS .................................... ............................... ............................110
10.1(4) ZONE STANDARDS FOR CLUSTER TOWNHOUSE DWELLINGS ................. ............................113
10.2 HIGH-RISE RESIDENTIAL (RH) ZONE ........................ ............................... ............................116
MUNICIPAL PLAN CONTEXT ................... ............................... ..116
10.2(1) PERMITTED USES ..................................... ............................... ............................116
10.2(2) CONDITIONS OF USE ................................. ............................... ............................117
10.2(3) ZONE STANDARDS .................................... ............................... ............................117
10.3 MID-RISE RESIDENTIAL (RM) ZONE ........................ ............................... ............................119
MUNICIPAL PLAN CONTEXT ........................ ............................... ............................119
10.3(1) PERMITTED USES .............................. ............................... ...119
10.3(2) CONDITIONS OF USE ................................. ............................... ............................120
10.3(3) ZONE STANDARDS ................................................................ ............................... 120
10.4 LOW -RISE RESIDENTIAL (RL) ZONE ......................... ............................... ............................123
MUNICIPAL PLAN CONTEXT ........................ ............................... ............................123
10.4(1) PERMITTED USES ..................................... ............................... ............................123
10.4(2) ZONE STANDARDS .................................... ............................... ............................124
10.5 TWO -UNIT RESIDENTIAL (112) ZONE ........................ ............................... ............................127
139
MUNICIPAL I'LA N CONTEXT .................................................... ............................... 121
10.5(1) PERMITTED USES ..................................... ............................... ............................127
10.5(2) ZONE STANDARDS .................................... ............................... ............................128
10.6 ONE-UNIT RESIDENTIAL (R1) ZONE ......................... ............................... ............................130
MUNICIPAL PLAN CONTEXT ....................... ............................... ............ 130
10.6(l) PERMITTED USES ..................................... ............................... ............................ 130
10.6(2) ZONE STANDARDS ................................................................ ............................... 130
10.7 SUBURBAN RESIDENTIAL (RSS) ZONE .................................................. ............................... 132
MUNICIPAL PLAN CONTEXT .................................................... ............................... 132
10.7(1) PERMITTED USES ..................................... ............................... ............................132
10.7(2) ZONE STANDARDS ................................................................ ............................... 132
10.8 MINI -HOME PARK RESIDENTIAL (RP) ZONE .............. ............................... ............................134
MUNICIPAL PLAN CONTEXT ........................ ............................... ............................134
10.8(1) PERMITTED USES ................................................................. ............................... 134
10.8(2) ZONE STANDARDS ................................................................ ............................... 134
10.9 RURAL SETTLEMENT RESIDENTIAL (RS) ZONE .................... ............................... .........136
MUNICIPAL PLAN CONTEXT ....................... ............................... ...... 136
10.9(1) PERMITTED USES ................. ............................... ..136
10.9(2) ZONE STANDARDS .................................... ............................... ............................137
10.10 RURAL RESIDENTIAL (RR) ZONE ............................. ............................... ............................138
MUNICIPAL PLAN CONTEXT .................................................... ............................... 138
10.10(l) PERMITTED USES ........................................................... ............................._. 9 q R
10.10(2) CONDITIONS OF USE ............................................................. ............................... 139
10.10(3) ZONE STANDARDS ................................................................ ............................... 139
11 COMMERCIAL ZONES ....................................................................... ............................... 141
TABLE11 -1 ........................................................... ............................... ............................141
11.1 UPTOWN COMMERCIAL (CU) ZONE ..................................................... ............................... 144
MUNICIPAL PLAN CONTEXT .................................................... ............................... 144
11.1(1) PERMITTED USES ................................................................. ............................... 144
11.1(2) CONDITIONAL USES .............................................................. ............................... 145
140
1 1.1(3) CONDITIONS OF USE ............................................................. ............................... 146
11.1(4) ZONE STANDARDS ................................................................ ............................... 146
11.2 WATERFRONT COMMERCIAL (CW) ZONE .................. ............................... ............................148
MUNICIPAL PLAN CONTEXT .................................................... ............................... 148
11.2(l) PERMITTED USES ................................................................. ............................... 148
11.2(2) ZONE STANDARDS ................................................................ ............................... 148
11.3 CAMPUS RESEARCH COMMERCIAL (CRC) ZONE .......... ............................... ............................149
MUNICIPAL PLAN CONTEXT .................................................... ............................... 149
11.3(l) PERMITTED USES ................................................................. ............................... 149
12.3(2) CONDITIONAL USES .............................................................. ............................... 150
11.3(3) CONDITIONS OF USE ............................................................. ............................... 150
11.3(4) ZONE STANDARDS ................................................................ ............................... 151
11.4 BUSINESS PARK COMMERCIAL (CBP) ZONE ............... ............................... ............................153
MUNICIPALPLAN CONTEXT .................................................... ............................... 153
11.4(1) PERMITTED USES ..................................... ............................... ............................153
11.4(2) CONDITIONAL USES .............................................................. ............................... 154
11.4(3) CONDITIONS OF USE ................................. ............................... ............................154
11.4(4) ZONE STANDARDS ................................................................ ............................... 155
11.5 CORRIDOR COMMERCIAL (CC) ZONE ................................................... ............................... 157
MUNICIPALPLAN CONTEXT .................................................... ............................... 157
11.5(1) PERMITTED USES ................................................................. ............................... 1 5 7
11.5(2) CONDITIONAL USES .............................................................. ............................... 159
11.5(3) CONDITIONS OF USE ................................. ............................... ............................159
11.5(4) ZONE STANDARDS ................................................................ ............................... 160
11.6 REGIONAL COMMERCIAL (CR) ZONE .................................................... ............................... 162
MUNICIPALPLAN CONTEXT .................................................... ............................... 162
11.6(l) PERMITTED USES ................................................................. ............................... 162
11.6(2) CONDITIONAL USES .................................. ............................... ............................163
11.6(3) CONDITIONS OF USE ............................................................. ............................... 263
11.6(4) ZONE STANDARDS .................................... ............................... ............................164
11.7 GENERAL COMMERCIAL (CG) ZONE ......................... ............................... ............................166
141
MUNICIPALPLAN CONTEXT .................................................... ............................... 266
11.7(1) PERMITTED USES ................................................................. ............................... 1 66
11.7(2) CONDITIONAL USES .............................................................. ............................... 167
11.7(3) CONDITIONS OF USE ............................................................. ............................... 167
11.7(4) ZONE STANDARDS ................................................................ ............................... 169
11.8 MIXED COMMERCIAL (CM) ZONE ....................................................... ............................... 170
MUNICIPALPLAN CONTEXT .................................................... ............................... 170
11.8(1) PERMITTED USES ................................................................. ............................... 170
11.8(2) CONDITIONS OF USE ............................................... ............................... .......... 171
11.8(3) ZONE STANDARDS ................................................................ ............................... 172
11.9 LOCAL COMMERCIAL (CL) ZONE ......................................................... ............................... 173
MUNICIPAL PLAN CONTEXT .................................................... ............................... 173
11.9(1) PERMITTED USES ................................................................. ............................... 173
11.9(2) CONDITIONS OF USE ............................................................. ............................... 174
11.9(3) ZONE STANDARDS ................................................................ ............................... 174
11.10 ADULT ENTERTAINMENT (CAE) ZONE ...................... ............................... ............................176
MUNICIPALPLAN CONTEXT .................................................... ............................... 176
11.10(l) PERMITTED USES ................................................................. ............................... 176
21.10(2) ZONE STANDARDS ................................................................ ............................... 176
11.11 RURAL GENERAL COMMERCIAL (CRG) ZONE ............. ............................... ............................178
MUNICIPAL PLAN CONTEXT .................................................... ............................... 178
11.11(1) PERMITTED USES ..................................... ............................... ............................178
11.11(2) CONDITIONAL USES .............................................................. ............................... 179
11.1 1(3) CONDITIONS OF USE ................................. ............................... ............................ 179
11.11(4) ZONE STANDARDS ................................................................ ............................... 180
12 INDUSTRIAL ZONES ......................................................................... ............................... 182 r
TABLE12 -1 ........................................................... ............................... ............................182
12.1 LIGHT INDUSTRIAL (IL) ZONE ............................................................. ............................... 234
MUNICIPAL PLAN CONTEXT .................................................... ............................... 184
12.1(1) PERMITTED USES ................................................................. ............................... 184
142
12.1(2) CONDITIONS OF USE ................................. ............................... ............................185
12.1(3) ZONE STA N DAPD5 ................................................................ ............................... 1 85
12.2 MEDIUM INDUSTRIAL (IM) ZONE ....................................................... ............................... 187
MUNICIPAL PLAN CONTEXT .................................................... ............................... 187
12.2(1) PERMITTED USES ..................................... ............................... ............................187
7.2.2 (2) CONDITIONS OF USE ............................................................. ............................... 10 8
12.2(3) ZONE STANDARDS ................................................................ ............................... 189
12.3 HEAVY INDUSTRIAL (IH) ZONE ........................................................... ............................... 191
MUNICIPAL PLAN CONTEXT .................................................... ............................... 191
12.3(l) PERMITTED USES ................................................................. ............................... 19 1
12.3(2) CONDITIONS OF USE ........................................ ............................... ..... 192
12.3(3) ZONESTANDARDS .................................... ............................... ............................193
12.4 PIT AND QUARRY (PQ) ZONE ................................ ............................... ............................195
MUNICIPAL PLAN CONTEXT ........................ ............................... ............................195
12.4(1) P F.RMITTED USES ................................................................. ............................... 195
12,4(2) PROHIBITION OF EXCAVATION ................................................. ............................... 196
12.4(3) ZONE STANDARDS: SETBACKS ...................... ............................... ............................196
12.4(4) ZONE STANDARDS: ACCESS ......................... ............................... ............................197
12.4(5) 70NE STANDARDS: HOURS OF OPERATION ...... ............................... ............................197
12.4(6) ZONE STANDARDS: SCREENING .................................. ............................... ..........1 °5
12.4(7) SITE REHABILITATION ............................................................ ............................... 198
12.4(8) PERMIT APPLICATION ............................................................ ............................... 198
12.4(9) PERMIT ................................................. ............................... ............................201
12.4(10) PERMIT CONDITIONS ................................. ............................... ............................ 203
12.4(11) SITE REHABILITATION ............................................................ ............................... 2 0 6
12.4(12) ENFO RCE M ENT .................................................................... ............................... 207
12.5 TRANSPORTATION (T) ZONE .............................................................. ............................... 208
MUNICIPAL PLAN CONTEXT .................................................... ............................... 208
22.5(1) PERMITTED USES ................................................................. ............................... 208
12.5(2) ZONE STANDARDS ................................................................ ............................... 208
12.6 UTILITY SERVICE (US) ZONE .............................................................. ............................... 210
143
MUNICIPAL PLAN COIV TEXT ........................ ............................... ............................210
1 2.E(1) PERMITTED U SFS ................................................................. ............................... 210
12.6(2) CONDITIONS OF USE ............................................................. ............................... 216
32.6(3) ZONE STANDARDS ................................................................ ............................... 213
12.7 UTILITY SERVICE LANDFILL (U S L) ZZO N E ................................................ ............................... 212
MUNICIPAL P LR N CONTEXT ..................................................... ..............................222
12.7(l) PERMITTED USES ................................................................. ............................... 217
12.7(2) CONDITIONS OF USE ............................................................. ............................... 212
12.7(3) ZONE STANDARDS ................................................................ ............................... 212
13 COMMUNITY FACILITY ZONES ............................................................ ............................... 214
TABLE13 -1 ............................214 y
13.1 NEIGHBOURHOOD COMMUNITY FACILITY (CFN) ZONE . ............................... ............................215
MUNICIPALPLAN CONTEXT .................................................... ............................... 225
13.1(1) PERMITTED USES ................................................................. ............................... 215
13.1(2) ZONE STANDARDS ................................................................ ............................... 216
13.2 MAJOR COMMUNITY FACILITY (CFM) ZONE .............. ............................... ............................217
MUNICIPALPLAN CONTEXT .................................................... ............................... 2 1 7
13.2(l) PERMITTED USES ................................................................. ............................... 217
13.2(2) ZONE STANDARDS ................................................................ ............................... 228
14 OTHER ZONES ............................................................................... ............................... 219 --
TABLE14 -1 ........................................................... ............................... ............................219 t
14.1 PARK (P) ZONE .............................................................................. ............................... 221
MUNICIPAL PLAN CONTEXT ........................ ............................... ............................ 221
14.1(1) PERMITTED USES ..................................... ............................... ............................ 221
14.1(2) CONDITIONAL USES .............................................................. ............................... 222
14.1(3) CONDITIONS OF USE ............................................................. ............................... 222
14.1(4) ZONE STANDARDS ................................................................ ............................... 222
14.2 ENVIRONMENTAL PROTECTION (EP) ZONE ................................................ ...........................:f24
MUNICIPALPLAN CONTEXT .................................................... ............................... 224
144
1 4.2 (1) PERMITTED USES ................................................................. ............................... 224
14.2(2) LONE STANDARDS ................................................................ ............................... 224
14.3 INTEGRATED DEVELOPMENT (I D) TONE .................... ............................... ............................225
MUNICIPAL PLAN CONTEXT .................................................... ............................... 225
14.3(1) PERMITTED USES ..................................... ............................... ............................ 225
14.3(2) ZONE STANDARDS ............................. ............................... .....225
14.4 FUTURE DEVELOPMENT (FD) LONE ......................... ............................... ............................226
MUNICIPAL PLAN CONTEXT .................................................... ............................... 226
14.4(1) PER MITT E b USES ................................................................. ............................... 226
14.4(2) ZONE STANDARDS ................................................................ ............................... 226
14.5 RURAL (RU) ZONE .............................................. ............................... ............................228
MUNICIPALPLAN CO NT F XT .................................................... ............................... 228
14.5(2) P E R MITTF D USES ................................................................. ............................... 2 2 E
14.5(3) CONDITIONS OF USE ............................................................. ............................... 229
14.5(4) ZONE STANDARDS ................................................................ ............................... 229
SCHEDULEA: ZONING MAP .........................................................................
............................... 230
SCHEDULEB: FEES ....................................................................................
...............................
231
SCHEDULEC: UPTOWN PARKING EXEMPTION AREA ............... ............................... ............................232
SCHEDULED: INTENSIFICATION AREAS (MONTE CRISTO) ......... ............................... ............................233
SCHEDULE D: INTENSIFICATION AREAS (MAIN STREET WEST) ... ............................... ............................234
SCHEDULE D: INTENSIFICATION AREAS (LOWER WEST SIDE) .... ...............................
............................235
SCHEDULE D: INTENSIFICATION AREAS (OLD NORTH END) ........ ...............................
...........................236
SCHEDULr D: INTENSIFICATION AREAS (MILLIDGEVILLE) ......... ............................... ............................237
SCHEDULE D: INTENSIFICATION AREAS (WATERLOO VILLAGE) ................................. ............................23&
SCHEDULE D: INTENSIFICATION AREAS (FOREST HILLS) ............ ...............................
...........................2,35
SCHEDULEE: EXCEPTIONS
........................................................................... ...............................
240
145
Title,, Scope., Interpretation, and Repeal 1
Zones and
.:enera! Provisions: Accest�, and Loading
General Provision.s: Accessory Buildings and Structures 5 6v, V1,
General Provisions: Landscaping
General Provisions: Sigrjs
General Provisions: Other Standards 8
General Provisions: Uses Permitted in Multiple Zone.0
s
Residential Zones 'I
Commercial Zones 1'. k. R
Industrial Zones 12
Community �acilit�f Zones, 3
CD:D "kits
0404-her Zones iA
Schedules
147
`1 Title, Scope, interpretation, and Repeal
The Council of The City of Saint John, under the authority vested in it by the Community
Planning Act, enacts as follows:
1.1 Title
This By -law may be cited as the "Zoning By -law."
1.2 Scope
This By -law:
(a) Divides the City of Saint John into zones;
(b) Prescribes, subject to the powers vested in the Council, the Committee, and the
Development Officer, the purposes for which land, buildings, and structures in any zone
may be used and regulates the standards to which land use, and the placement,
erection, alteration, and use of buildings and structures shall conform; and
(c) Prohibits the use, placement, erection, or alteration of land, buildings, or structures
other than in conformity with the purposes and regulated standards mentioned in
paragraph (b).
1.3 Interpretation
The interpretation of this By -law shall adhere to the following rules:
(a) With respect to language:
(i) The word existing has been italicized and is defined in this By -law to mean,
"lawfully in existence on the date By -law No. C.P. 110, The Zoning By -law of The
City of Saint John, and amendments thereto, was repealed." All other words
shall have their ordinary meaning except as otherwise defined by this By -law or
the Community Planning Act;
(ii) Words shall be read with all changes of gender or number required by context;
and
(iii) Where 1 word is defined other parts of speech and grammatical forms of the
same word shall have corresponding meaning.
Part 1: Title, Scope, Interpretation, and Repeal
149
`k,
Page
(b) With respect to references to Acts and by -laws:
(i) Each reference to the Community Planning Act or any other Provincial Act or
Federal Act shall be deemed a reference to the most current applicable Revised
Statutes of New Brunswick or Revised Statutes of Canada, whichever is
applicable. In every case, reference to the Community Planning Act or any other
Act shall be deemed to include all applicable amendments and any successor
legislation; and
(ii) Each reference to a by -law of The City of Saint John shall be deemed a reference
to the most current applicable by -law of The City of Saint John. In every case,
reference to any by -law shall be deemed to include all applicable amendments
and any successor by -law.
(c) With respect to other references made in this By -law:
(i) The captions, headings, and section names appearing in this By -law are for
convenience of reference only and shall have no effect for purposes of
interpretation;
(ii) For convenience of reference only, each zone of this By -law identifies the
applicable general intent of The City of Saint John Municipal Development Plan
and has been denoted by the .._ Sjsymbol located beside the caption
"Municipal Plan Context" in each case. Such identification of general intent
shall not be used to interpret any provision of this By -law or the Municipal
Development Plan;
(iii) For convenience of reference only, the implementation of certain other policies
of The City of Saint John Municipal Development Plan has also been denoted in
this By -law by the q 1symbol located beside each applicable By -law
provision. The inclusion of these symbols shall not be used to interpret any
provision of this By -law or the Municipal Development Plan; and
(iv) For convenience of reference only, illustrations, tables, and other graphics have
been included in this By -law but shall not be used to interpret any provision
herein.
(d) The requirements of this By -law are in addition to any requirements contained in any
other applicable by -law of The City of Saint John or in any other applicable Provincial or
Federal statute or regulation.
Part 1: Title, Scope, Interpretation, and Repeal
150
Page 12
(e) Except for subsections 2.7(2), 2.8(4), 2.8(5), and 2.9(2) of this By -law, reference to the
powers of the Council, the Committee, and the Development Officer included in Part 2
of this By -law are for convenience of reference only and shall not be used to affect the
interpretation of such powers vested by the Community Planning Act.
1.4 By -law Structure and Numbering
This By -Law is divided into Parts and is referenced as follows:
12 Part
12.4 Section
12.4(9) Subsection
12.4(9)(d) Paragraph
12.4(d) Paragraph
12.4(9)(d)(1) Subparagraph
12.4(9)(d)(i)(A) Clause.
1.5 Severability
If any provision of this By -law is declared by a court or tribunal of competent jurisdiction to be
invalid, such ruling shall not affect the validity of any other provision hereof, nor of this By -law
as a whole.
1.6 Repeal
(a) By -law Number C.P. 110, The Zoning By -law of The City of Saint John, and amendments
thereto, is hereby repealed.
(b) Notwithstanding the repeal of By -law C.P. 110:
(i) Conditions pursuant to Section 39 of the Community Planning Act which have
been registered in the Saint John Registry Office prior to the coming into force
of this By -law shall remain in force for any property associated with such
conditions; and
Part 1: Title, Scope, Interpretation, and Repeal
151
Page 13
(ii) Nothing in this By -law will operate to prohibit a development for which a permit
was granted by the Development Officer prior to the coming into force of this
By -law, but any time limits established by such permit shall continue to operate.
Part 1: Title, Scope, Interpretation, and Repeal
152
Pagel 4
iIIe, S coIi ,. I Fit c,rpretat1on4. a ncNz R e r ,
Zones and Administration
nit
ericwal Prov,c c,►s-, Access, Pat -king, zind Loadir_,g
Gene =r?l Provision : ccessor�� Buiidin s and Structures
General Provisions: Landsc2pmg
General Provisions: Signs
General Provisions: Other Standards
General Provisions: Cases Permitted in tvlultipie ?:ones
Residential Zones
Commercial -onus
I
ndustrial Zones .
C c mniunity Facility Zones
Other Zones
G9Schedules
153
s 9
4' lit
k
fONIE3
_ _':7
154
2 Zones and Administration
2.1 General
The geographical area within the boundaries of the City of Saint John shall be divided into zones
as shown on the Zoning Map attached to this By -law as Schedule A.
2.2 Zones
The following zones appear on the Zoning Map and are represented by the following symbols.
Zones Symbol
Urban Centre Residential
RC
High -Rise Residential
RH
Mid -Rise Residential
RM
Low -Rise Residential
RL
Two -Unit Residential
R2
One -Unit Residential
R1
Suburban Residential
RSS
Mini -Home Park Residential
RP
Rural Settlement Residential
RS
Rural Residential
RR
Uptown Commercial
CU
Waterfront Commercial
CW
Campus Research Commercial
CRC
Business Park Commercial
CBP
Corridor Commercial
CC
Regional Commercial
CR
General Commercial
CG
Mixed Commercial
CM
Local Commercial
CL
Adult Entertainment Commercial
CAE
Rural General Commercial
CRG
Part 2: Zones and Administration
155
Page 15 kl
Light Industrial
Medium Industrial
Heavy Industrial
Pit and Quarry
Transportation
Utility Service
Utility Service Landfill
IL
IM
IH
PQ
T
US
LISL
Neighbourhood Community Facility
CFTC
Major Community Facility
CFM
Park
P
Environmental Protection
EP
Integrated Development
ID
Future Development
FD
Rural
RU
2.3 Zone Boundaries
Zone boundaries shall be subject to the following:
(a) Where a zone boundary is indicated as following a lot line, such lot line is deemed to be
the zone boundary;
(b) Where a zone boundary is indicated as being contiguous with the sideline of a highway,
lane, or street, such sideline is deemed to be the zone boundary;
(c) Where a zone boundary is indicated as following an electrical transmission right -of -way,
railway right -of -way, or watercourse, the centre of such feature is deemed to be the
zone boundary;
(d) Where a zone boundary is indicated as following the City boundary, the City boundary is
deemed to be the zone boundary;
(e) Where any feature mentioned in this section ceases to exist after the adoption of this
By -law, the centre of such former feature is deemed to be the zone boundary;
Part 2: Zones and Administration Page 16 r.
156
(f) Where fill has been deposited along a body of water in order to create land, the water
edge of the fill is deemed to be the zone boundary of the lot immediately adjacent to
the filled land, provided the horizontal area of such fill does not exceed 150 square
metres; and
(g) Where none of the above applies, the zone boundary shall be determined by measuring
directly from the Zoning Map.
2.4 Properties Affected by More than One Zone
Where a lot is situated within more than one zone, the provisions of each zone shall be applied
to the corresponding area of the lot.
2.5 By -law Applicability
No person shall within any zone use any land or place, erect, alter, or use any building or
structure except in accordance with the provisions of this By -law.
2.6 Determinations, Measurements, and Calculations
(a) The Development Officer shall administer this By -law and make any necessary
determination with regard to the provisions herein.
(b) All numerical requirements in this By -law are provided in metric units of measurement.
(c) A numerical requirement shall be determined by measuring the closest distance in a
straight line made along a horizontal plane and not by following the topography or slope
of the land except as otherwise provided by this By -law.
(d) Where the calculation of a numerical requirement results in a fraction:
0) A fraction of less than one -half shall not be taken into consideration; and
(ii) A fraction of one -half or more shall require rounding to the next higher full
number.
Part 2: Zones and Administration Page 17
157
2.7 Powers of Council
2.7(1) NON- CONFORMING USES
(a) Pursuant to subsection 41(1) of the Community Planning Act, Council may require that
any land, building, or structure containing a non - conforming use shall be maintained
and kept in a condition appropriate to the area in which it is located, in accordance with
standards prescribed by Council; and
(b) Pursuant to subsection 41(3) of the Community Planning Act, if the standards prescribed
by paragraph (a) are not complied with, Council may perform, at the expense of the
owner or occupier, the work required to meet the standards, or require the termination
of the use.
2.7(2) SATISFACTORY SERVICING
Council may prohibit the erection of any building in respect of which, in the opinion of Council,
satisfactory arrangements have not been made for the supply of electric power, water,
sewerage, street, or other services or facilities.
2.8 Powers of the Committee
2.8(1) CONDITIONAL USES
(a) The Committee, subject to paragraph (c), may impose terms and conditions on any
conditional use contained in any zone in this By -law; and
(b) Conditional uses may be prohibited by the Committee where compliance with terms
and conditions cannot reasonably be expected; and
(c) Pursuant to subsection 34(5) of the Community Planning Act, terms and conditions
imposed on conditional uses contained in any zone in this By -law shall be limited to
those considered necessary by the Committee to protect properties within the zone or
in abutting zones, or the health, safety, and welfare of the general public.
2.8(2) NON- CONFORMING USES
Pursuant to section 40 of the Community Planning Act, the Committee may authorize:
(a) The recommencement of a non - conforming use that has been discontinued for a
consecutive period of 10 months;
(b) The repair or restoration or use of a building or structure containing a non - conforming
use which, in the opinion of the Committee, has been damaged to the extent of at least
half of the whole building or structure, exclusive of the foundation;.= 1�
Part 2: Zones and Administration Page a r.
'_V
158
(c) The extension of a non - conforming use into a portion of the building that was
constructed subsequent to the date the use became non- conforming; or
(d) The change of a non - conforming use to a similar non - conforming use.
2.8(3) SIMILAR OR COMPATIBLE USES
Pursuant to paragraph 35(i)(a) of the Community Planning Act, the Committee may permit,
subject to such terms and condition as it considers fit, a proposed use of land or a building that
is otherwise not permitted under this By -law if, in its opinion, the proposed use is sufficiently
similar to or compatible with a use permitted in this By -law for the zone in which the land or
building is situated.
2.8(4) TEMPORARY USES
The Committee 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;
(b) Authorize, for an additional temporary period not exceeding one year, a development
otherwise prohibited by this By -law if:
The applicant holds an authorization under paragraph (a) that is to expire or has
expired;
(ii) An application with respect to the land has been made to amend this By -law;
and
(iii) The Committee has received a resolution from Council confirming that Council
will consider the application referred to in subparagraph (ii); and
(c) Require the termination or removal of a development authorized under paragraphs (a)
or (b) at the end of the authorized period.
Part 2: Zones and Administration Page 19 � '
159
2.8(5) UNSUITABLE SOIL OR TOPOGRAPHY
The Committee may prohibit the erection of any building or structure on any site where it would
otherwise be permitted under this By -law when, in the opinion of the Committee, the site is
marshy, subject to flooding, excessively steep, or otherwise unsuitable for a proposed purpose
by virtue of its soil or topography.
2.8(6) VARIANCES
Pursuant to paragraph 35(1)(b) of the Community Planning Act, the Committee may, subject to
any term or condition that it considers fit, permit such reasonable variance from the
requirements of this By -law authorized by 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 this By -law and The City of Saint John Municipal
Development Plan.
2.9 Powers of the Development Officer
2.9(1) CERTAIN ENCROACHMENTS OCCURRING IN GOOD FAITH
Pursuant to subsection 34(8) and 34(9) of the Community Planning Act, where a person in good
faith, as attested to by the Development Officer, locates a building or structure so as to
encroach up to 60 centimetres on a setback requirement pursuant to subparagraph 34(3)(a)(v)
of the Community Planning Act, or encroach up to 30 centimetres on a yard requirement
pursuant to subparagraph 34(3)(a)(iv) of the Community Planning Act, such encroachment does
not constitute a violation of the requirements of this By -law.
2.9(2) TEMPORARY USES
The Committee may delegate to the Development Officer its authority under paragraph
2.8(4)(a).
2.9(3) VARIANCES
Pursuant to subsection 35(2) of the Community Planning Act, the Development Officer may,
subject to the terms and conditions that he or she considers fit, permit a reasonable variance
from the requirements of this By -law authorized by subparagraph 34(3)(a)(i), (iii), (iv), (v), (vii),
(ix), or (xiii) of the Community Planning Act if the Development Officer is of the opinion that the
variance is desirable for the development of a parcel of land or a building or structure and
accords with the general intent of this By -law and The City of Saint John Municipal Development
Plan.
Part 2: Zones and Administration Page 110
160
2.10 Council, Committee, and Development Officer Applications
(a) A person who seeks to obtain an approval not involving an amendment to this By -law or
a resolution or agreement pursuant to section 39 of the Community Planning Act shall
submit an application in the form prescribed by the Development Officer and
accompanied by a fee in accordance with Schedule B of this By -law. Such application
shall also be signed by the registered lot owner or authorized agent thereof.
(b) Any application not satisfying all the requirements of paragraph (a) shall be deemed
abandoned after 90 days immediately following the date of initial submission and shall
not be considered further by the Development Officer.
(c) When an application has been received that seeks approval of a matter that has been
denied within the immediately preceding 12 months, it will not be reconsidered unless
the Council, the Committee, or the Development Officer, as the case may be, is of the
opinion that it is substantially different from the previous application.
2.11 Development and Change of Use Permit Approval
(a) Subject to paragraph (d) and paragraph 12.3(2)(b), no person shall undertake a
development or change the purpose for which land, buildings, or structures, wholly or in
part, is used without first obtaining a permit which has been approved by the
Development Officer, and no permit shall be approved by the Development Officer
unless the development or change of use complies with the provisions of this By -law
and The City of Saint John Municipal Plan.
(b) For greater certainty with respect to paragraph (a), the Development Officer shall not
approve any development that requires the consideration of the Committee or Council
until such consideration is given, and any applicable terms and conditions imposed by
the Committee or Council, as the case may be, shall be attached to the permit approval
by the Development Officer.
(c) A person seeking to obtain a permit under this section shall make application to the
Building Inspector by:
0) Filing the application on forms obtainable from the office of the Building
Inspector;
(ii) Signing the application;
Part 2: Zones and Administration
161
Page) 11
(iii) Stating the proposed development or intended new use of the land, building, or
structure, or portion thereof;
(iv) Illustrating the location, extent, and layout of the proposed development or
intended new use on one or more plans drawn to a scale; and
(v) Including such other information as may be deemed necessary by the
Development Officer to ascertain whether the proposed development or
intended new use conforms to the provisions of this By -law.
(d) The following development, while still required to satisfy the provisions of this By -law,
shall be exempt from requiring permit approval by the Development Officer:
(i) An alteration to the interior of a building or structure that does not involve a
change of use;
(ii) An alteration to the exterior of a building or structure that does not involve an
increase in the exterior dimensions or size;
NO A fence not exceeding two metres in height provided in section 5.2;
(iv) A change in sign copy in paragraph 7.2(b) or a sign exempted in section 7.3;
(v) An excavation provided in paragraph 9.7(a);
(vi) A minor utility service building or structure provided in section 9.11;
(vii) The sale of Christmas trees provided in subsection 9.17(3); or
(viii) A temporary special occasion structure provided in subsection 9.17(5).
2.12 By -law Enforcement
(a) Pursuant to subsection 92(1) of the Community Planning Act, the Development Officer
or a person authorized by Council has the right to enter at all reasonable times upon any
property within the City for the purpose of making any inspection that is necessary for
the administration of this By -law.
(b) Pursuant to subsection 93(1) of the Community Planning Act, if a development is
undertaken in contravention of the Community Planning Act or this By -law or terms and
conditions imposed on the development, Council, or if authorized by Council the
Development Officer, Building Inspector, or other person, may order cessation of the
Part 2: Zones and Administration
162
Page 112
development, alteration of such development so as to remove the contravention, or the
doing of anything required to restore the land, building, or structure to its conditions
immediately prior to the undertaking of such development.
(c) Further By -law Enforcement is pursuant to the provisions of the Community Planning
Act and other applicable provincial legislation.
2.13 By -law Amendments and Section 39
(a) Subject to paragraph (b), a person who seeks to have this By -law amended, or a
resolution or agreement pursuant to section 39 of the Community Planning Act
amended, shall submit a complete application in the form prescribed by the
Development Officer and accompanied by a fee in accordance with Schedule B. Such
application shall be signed by the registered lot owner or authorized agent thereof if a
specific lot is involved, but when the applicant is The City of Saint John, no permission by
any landowner is necessary.
(b) Any application not satisfying all the requirements of paragraph (a) shall be deemed
abandoned after 90 days immediately following the date of initial submission and shall
not be considered further by the Development Officer.
(c) When an application has been received which seeks approval of a matter that has been
denied within the immediately preceding 12 months, it will not be reconsidered unless
Council is of the opinion that it is substantially different from the previous application.
(d) Where a person applies to Council to have an area of land rezoned to permit the
carrying out of a specific proposal, Council may by resolution or agreement set out the
proposal and impose reasonable terms and conditions pursuant to section 39 of the
Community Planning Act.
(e) Council may return all or any part of the fee required to have this By -law amended to
the applicant.
Part 2: Zones and Administration page 113
163
Title, Scope, Interpretcatioin, and Rep al I
Zones and Admit ilstrnfion
Definitions 3
General Provislons: ArCrecs, Parkin e.,, 4. WAG Loaelng 4
General Provisions: AC6cessc ry L-Im, il din gs and Structures 5
Q
1.17-9iji,
General Provisions: Landscaping., 6
rzenera-1 Provisions- Signs 7
General Provisions: Other Standards 8,
Generai Provisions: Uses Permitted in Multiple Zones
rResidential Zones 1.0
Commercial Zones I
I ndustrial Zone.c I
Comrrjunity Facility Zones 1?
O 0141-he,r Zcne5�
c h e rd ij! e s
165
3 Definitions
3.1 In this By -law, unless expressly indicated otherwise:
"abut" means to be located next to and, pursuant to the Community Planning Act, means having
access thereto directly. (donnersur)
"access" means an access, exit, or driveway from a street to a lot. (acres)
"accommodation" means an establishment that provides lodging to the travelling public for
remuneration, and includes, but is not limited to, a bed and breakfast, motel, or hotel, but does
not include a hostel or rooming house. (hebergement)
"adult entertainment facility" means an establishment where service or entertainment
appealing to, or designed to appeal to, an erotic or sexual appetite or inclination is provided.
(etablissement de divertissement pour adultes)
"air transport facility" means a building or land and associated infrastructure used for aviation,
and without limiting the generality of the foregoing, includes an airport, airfield, hangar, aircraft
maintenance shop, or flight school. (installation de transport aerien)
"alter" means to make any change, structural or otherwise, that is not for the purposes of
routine maintenance of a building or structure, and includes a change of use. (modifier)
"amenity space" means that part of a lot or building intended and capable of being used
privately or commonly for recreation or relaxation, such as, but not limited to, a balcony,
courtyard, deck, garden, garden room, gym or fitness room, landscaped area, lounge area,
gaming or computer room, movie room, pergola, play area, porch, rooftop deck, swimming
pool, or veranda, but does not include a driveway or a parking lot. (espace d'agrement)
"animal shelter" means an establishment that provides care and veterinary service to lost,
abandoned, or neglected animals. (refuge pour animaux)
"architect" or `landscape architect" means a person who is a registered member or licensee of
the Architects' Association of New Brunswick authorized to practise architecture in New
Brunswick. (architecte ou architecte- paysagiste)
"artist or craftsperson studio" means an establishment used for creating, finishing, refinishing,
or similar production of custom or handmade commodities together with the retailing of such
commodities. (studio d'artiste ou d'artison)
`Y
Part 3: Definitions Page 124
167
"asphalt plant" refers to any use where the production of asphalt takes place and may include
the stockpiling and storage of bulls materials and the storage and sale of finished products
manufactured on the premises. (usine d asphalte)
"attic" means that portion of a building located partly or wholly within the roof of a building.
(grenier)
"auction facility" means an establishment that provides for the auctioning and related
temporary storage of large equipment, livestock, or motor vehicles. (etablissement de vente aux
encheres)
"auction house" means an establishment conducted entirely inside a building that provides for
the auctioning and related temporary storage of goods, except large equipment, livestock, or
motor vehicles. (maison d'encheres)
"bakery" means an establishment for preparing, cooking, baking, and selling of products for
public consumption. (boulangerie)
"balcony" means a horizontal platform attached to a building above the first storey floor level
that is intended for use as an outdoor amenity space. (balcon)
"banquet hall" means a room or building used for hosting a party, banquet, function, reception,
or other social event such as a dinner theatre, and may include an area for food preparation.
The use may be licensed with a Dining Room or Special Facility Licence under the Liquor Control
Act. (salle de reception)
"bar, lounge, or nightclub" means an establishment licensed as a Lounge under the Liquor
Control Act where liquor is served to the public, which may include live entertainment as a
secondary use. (bar, salon -bar ou botte de nuit)
"basement" means that portion of a building or structure between two floor levels that is
underground but has at least one -half of its height above average grade. (sous -sol)
"bed and breakfast" refers to any secondary use in a one -unit dwelling where up to five guest
rooms are offered for rent to the travelling public for temporary accommodation, which may
also include the provision of meals. (g?te touristique)
"bedroom" means an area or room in a dwelling primarily used for the sleeping activities of a
person or persons. (chambre a coacher)
Part 3: Definitions
•:
Page 115
"berm" means a landscaped artificial mound of earth capable of sustaining vegetation used for
visual screening. (levee)
"bicycle locker" means a locker or box where one or more adult -sized bicycles can be placed
and locked inside. (case a velo)
"bicycle parking space" means a slot in a bicycle rack or bicycle locker designed to hold one
adult -sized bicycle and provides a fixed loop, bar, or other feature to which an adult -sized
bicycle may be secured at the bicycle frame by means of a 20.32- centimetre U lock.
(emplacement de stationnement pour velo)
"bicycle rack" means a stationary fixture that has been securely anchored to the ground or a
permanent structure or a building designed to securely hold adult -sized bicycles. (support b
velos)
"block face" means the main buildings within 90 metres of a lot on the same street. (cote dilot)
"building" means any roofed structure with solid exterior walls, whether temporary or
permanent, designed or used for the accommodation, enclosure, or shelter of an animal,
chattel, person, or material. (batiment)
"building, accessory" means a building that is incidental, subordinate, and exclusively devoted
to the main use, building, or structure located on the same lot. ( batiment accessoire)
"Building Inspector" means the person appointed by Council as the Building Inspector for The
City of Saint John and includes any person authorized by Council under sections 92(1) and 93(1)
of the Community Planning Act to administer the enforcement of this By -law. (inspecteur des
constructions)
"building line" means any line defining the position of a building or structure on a lot. (limite de
construction)
"building, main" means the building or buildings intended to accommodate the main use or
uses permitted on a lot. (batiment principal)
"bulk fuel storage depot" means a facility for the storage and distribution of petroleum and
petrochemical products in bulk quantities, which may include tanker vehicle storage and key
lock pumps, but does not include retail sales or processing. (entrepot de carburant en vrac)
"business office" means an establishment where one or more persons are employed in the
conduct, direction, or management of an agency, business, brokerage, labour, or fraternal
Part 3: Definitions
169
Page 116
organization, but does not include such uses as an assembly or storage of goods, manufacture, a
place of amusement or assembly, or retail sales. (bureau d'affaires)
"business support service" means an establishment used to provide support to businesses that
is characterized by one or more of the following: the use of mechanical equipment for printing,
duplicating, binding or photographic processing; the provision of office maintenance orjanitorial
services; the provision of office security; the sale, rental, repair, or servicing of office equipment,
furniture or machines. Typical business support service establishments include printing, film
processing, janitorial firms, or office equipment sales or repair. (service d'appui oux entreprises)
"car wash" means an establishment for the public where a vehicle is washed within a building or
within a permanent structure, but does not include a mobile car wash. (lave -auto)
"car wash, mobile" means an establishment or business that offers vehicle cleaning services
that does not involve a building or permanent structure. (love -auto mobile)
"caretaker dwelling" means a dwelling unit for the residence of an individual involved with the
maintenance and security of a lot. (conciergerie)
"carport" means a building or structure without walls on at least two sides used for the parking
or storage of a motor vehicle. (abri d'auto)
"catering business" means a home occupation involving the preparation of food and or
beverages for consumption elsewhere. (entreprise de traiteur)
"catering service" means an establishment where food and or beverages are prepared inside of
a building for consumption elsewhere. (service de traiteur)
"cellar" means that portion of a building between two floor levels that is underground to the
extent that more than one -half of its height is below average grade. (cove)
"cementitious" means of or relating to chemical precipitates, especially of carbonates, having
the characteristics of cement, which includes such trademarked products as hardiplank cladding.
(cimentaire)
"cemetery" means any land, building, or structure used for burying or interring the dead, and
may include associated building for grounds keeping, equipment storage, or administrative
office space. (cimetiere)
"Chief City Engineer" means the person appointed by Council as the Chief City Engineer for The
City of Saint John, or a person designated by the Chief City Engineer to perform a duty on behalf
Part 3: definitions
170
w '1
Page 117 F
of the Chief City Engineer with respect to the administration of this By -law. (ingenieur municipal
en chef)
"city" or "the City of Saint John" means the geographical area within the boundaries of the City
of Saint John in the County of Saint John in the Province of New Brunswick. (municipa&4t ou ville
de Saint John)
"City of Saint John, The" means a body corporate by Royal 'harter confirmed and amended by
Acts of the Legislative Assembly of the Province of New Brunswick. (The City of Saintlohn)
"clothing maker" means an individual who alters or repairs personal clothing including the
manufacture of new articles of clothing for individuals. (couturier)
"commercial entertainment" refers to any use where amusement or entertainment is provided
to the public for a fee, such as, but not limited to, an arcade, auditorium for the performing arts,
bingo hall, bowling alley, cinema (also see moving pictures), theatre, or other such amusement
place, but does not include an adult entertainment facility or a casino. (divertissement a des fins
commerciales)
"commercial group" means two or more commercial buildings located on a lot or adjoining lots
that have been designed as a unified development with respect to the placement of buildings
and any associated accessory buildings or structures, amenity spaces, driveways, landscaping, or
parking areas. (complexe commercial)
"commercial recreation" means an outdoor recreational use such as, but not limited to,
boating, golfing, skiing, or swimming, but does not include motor vehicle racing. (usage recreatif
commercial)
"commercial vehicle" means a vehicle that is licensed as a commercial vehicle under the Motor
Vehicle Act. This would include such non - private passenger vehicles such as, but not limited to,
an authorized emergency vehicle, bus, farm tractor, non - repairable vehicle, road tractor, semi -
tractor, or taxicab. (vehicule utilitaire )
"Committee" means the Planning Advisory Committee of The City of Saint John established by
Council. (comite)
"common wall" means a wall erected along a lot boundary partly on the land of one owner and
partly on the land of another that provides common support to the structure on both sides of
said boundary. (murmitoyen)
Part 3: Definitions
171
Page I IS
"communication facility" refers to any use of land or building for the production, storage, or
dissemination of information or information products, and includes, but is not limited to, a
broadcast studio, call centre, publishing or printing facility, telecommunication service, or
television service. (installation de communication)
"community arena" means a facility with seating and change rooms in which sports and other
public events are held and may include a food preparation and serving venue. (stode
communautaire)
"community centre" means an establishment that provides for a non - profit cultural,
educational, recreational, or social activity or event. (centre communautaire)
"community garden" means an area of land that is cultivated by the public for a non - profit
purpose. jjardin communautaire)
"community policing office" means an office utilized by members of the police for the purpose
of community outreach and education, but does not include any facility for detention. (bureau
de police communautaire)
"composting facility" means a waste management facility that produces compost using
collected organics. (installation de compostage)
"concrete plant" refers to any use where the production of concrete or concrete products takes
place, and may include the stockpiling or storage of bulk materials or the storage or sale of
finished products manufactured on the premises. ( usine a beton)
"conference or convention centre" means an establishment where facilities are provided for
banquets, conventions, meetings, seminars, social gatherings, trade fairs, workshops, or other
similar activities, all of which may be served by dining and or accommodation facilities. (centre
de conference ou de congres)
"contractor service, household" means an establishment that provides electrical, heating,
painting, plumbing, or similar small -scale contractor service primarily to individual households,
and includes the accessory sale of goods provided all materials are kept within an enclosed
building and there is no manufacturing involved. (service d'entrepreneur a domicile)
"correctional services" means a facility used for judicial purposes such as, but not limited to, a
courthouse, jail, offender rehabilitation centre, or prison. (services correctionnels)
"Council" means the Common Council of The City of Saint John. (conseil)
Part 3: Definitions
172
a �f-_
Page 129 .
"crisis care facility" means an establishment that provides short -term accommodation to a
person in crisis requiring immediate lodging and may involve 24 -hour supervision and personal
support service. (centre pour personnes en etat de crise)
"cultural establishment" refers to any use that provides display, storage, restoration, or an
event related to art, literature, music, history, performance, or science, and includes, but is not
limited to, an art gallery, archive, auditorium, library, museum, performing arts or interpretive
centre, or theatre. (etablissement culture!)
"day care centre" means an establishment that provides care and supervision for up to 60
children as regulated by the Family Services Act or the Early Childhood Services Act. (garderie)
"day care, home" refers to any secondary use where the occupant provides care and
supervision for up to five children as regulated by the Family Services Act or the Early Childhood
Services Act. (foyer - garderie)
"day care, neighbourhood" refers to any secondary use where the occupant provides care and
supervision for six to 15 children as regulated by the Family Services Act or the Early Childhood
Services Act. (garderie de quartier)
"deck" means a horizontal structure above grade intended for use as outdoor amenity space,
which may include a railing or privacy lattice along the sides. (terrasse)
"density" means, in the case of a residential use, the ratio of dwelling units to one net hectare
of lot area, or, in the case of a non - residential use, the ratio of the gross floor area to the lot
area. ( density)
"Department of Environment" means the Department of Environment and Local Government
of the Province of New Brunswick. (ministere de l'Environnement)
"derelict vehicle" means a non - repairable vehicle as defined by the Motor Vehicle Act. (epave
automobile)
"development" means, pursuant to the Community Planning Act:
(a) The erecting, placing, relocating, removing, demolishing, altering, repairing, or replacing
of a building or structure other than utility poles and wires, traffic control devices,
pipelines defined in the Pipeline Act, 2005 except for buildings and structures remote
from the pipeline used for management and administration or housing or storing of
moveable equipment or statutory notices;
Part 3: Definitions
173
Page 120
(b) Any change in the purpose for which any land, building, or structure is used;
(c) Any excavation of sand, gravel, clay, shale, limestone, or other deposit for a
development mentioned in (a) or for purposes of the sale or other commercial use of
the material excavated; or
(d) The making of land by cutting or filling to a depth in excess of one metre except in the
case of laying pipelines defined in the Pipeline Act, 2005. (amenagement)
"Development Officer" means the person appointed by Council as the municipal planning
director for The City of Saint John and includes any person delegated authority by the municipal
planning director to administer this By -law as provided for by the Community Planning Act.
(agent d'amenogement)
"distribution facility means an establishment where goods or items are stored inside a building
for a temporary period prior to being loaded onto transport elsewhere. (installation de
distribution)
"domestic animal means an animal kept for food, work, or a by- product, but not as a household
pet, and includes, but not limited to, a chicken, cow, duck, goat, horse, pig, pony, sheep, or
turkey. (animal domestique)
"drive -thru facility refers to any accessory use where a service is provided to a person within a
motor vehicle, and includes any associated speaker system or small electric message board
required for such service. (commerce avec service au volant)
"drive -thru, auto service" means a drive -thru facility designed for the express servicing of
vehicles where a person may be permitted to remain in their vehicle, and includes, but not
limited to, a quick -lube or quick -oil change business. (centre de service auto ou volont)
"driveway" means the portion of any lot or parking lot designed or intended to provide
vehicular access from a street to a parking space or parking aisle. (vole d'acces)
"dry cleaning depot" means an establishment for the drop -off and pickup of fabrics, textiles, or
other clothing articles to be cleaned off -site at a dry cleaning plant. (depot de nettoyage a sec)
"dwelling" means a building or part of a building designed, occupied, or intended as a home,
living quarters, or residence by one or more persons and containing one or more separate
dwelling units, but does not include a hostel, hotel, motel, rooming house, supportive facility, or
supportive housing. (habitation)
Part 3: Qefinitions� i\
Page 121
174
"dwelling, cluster townhouse" means a building containing three or more dwelling units
arranged side by side each with an independent exterior entrance and separated vertically by a
common wall extending from the foundation to the roof located on a lot or part -lot abutting a
private access. (ensemble d'habitations en rangee)
"dwelling, converted" means a building originally constructed as a one -unit dwelling or two -unit
dwelling that has been lawfully converted into a two -unit dwelling or a multiple dwelling.
(habitation transformee)
"dwelling group" means two or more buildings containing dwelling units located on a lot or
adjoining lots that have been designed as a unified development with respect to the placement
of the main buildings and any associated accessory buildings or structures, amenity spaces,
driveways, landscaping, or parking areas. (complexe -, —
d'habitations)
"dwelling, multiple" means a building containing three or
more dwelling units and includes a converted dwelling, but
not a townhouse dwelling. (habitation multifamiliale)
"dwelling, one - unit" means a detached dwelling containing one dwelling unit or one dwelling
unit with a secondary suite, but does not include a mobile or mini -home, motor home, or travel
trailer. (habitation unifamiliale)
"dwelling, semi - detached" means a building containing two
dwelling units arranged side by side and separated vertically
by a common wall extending from the foundation to the roof.
(habitationlumelee)
"dwelling, townhouse" means a building containing three or
more dwelling units
arranged side by side each
with an independent exterior entrance and separated
vertically by a common wall extending from the foundation to
the roof located on a lot or part -lot abutting a public street.
(habitation en rangee)
"dwelling, two- unit" means a building containing two dwelling units, but does not include a
semi - detached dwelling. (habitation bifamiliale)
Part 3: Definitions
175
Page 122 'F
"dwelling unit" means one or more habitable rooms designed, occupied, or intended for use by
one or more persons as an independent and separate housekeeping establishment where
culinary facilities are restricted to one kitchen and sanitary and sleeping facilities are provided
for the exclusive use of such person or persons, but does not include hostel, rooming house,
supportive housing, or supportive facility. (logement)
"dwelling unit, affordable" means a dwelling unit constructed under the Affordable Rental
Housing Program of the Province of New Brunswick. Except as otherwise provided by this By-
law, an affordable dwelling unit is considered the same as a dwelling unit. (logement a prix
abordable)
"emergency services facility" means a facility used by fire protection, police, ambulance, or
other such emergency service as a base of operations, but shall exclude a Community Police
Office. (installation de services d'urgence)
"engineer' means a person who is a registered member or licensee of the Association of
Professional Engineers and Geoscientists of New Brunswick authorized to practise engineering in
New Brunswick. (ingenieur)
"equestrian facility" means an establishment that provides boarding of horses or the training of
horses and their riders, or both, and may include the staging of equestrian events. (centre
equestre)
"equipment sales and rental, heavy" means an establishment where construction or industrial
equipment and vehicles are rented and or sold to the public including, but not limited to,
backhoes, bulldozers, excavators, farm or forestry equipment, or trucks or trailers. The use may
also include the maintenance of such equipment and vehicles. (etablissement de vente et de
location de materiel lourd)
"equipment sales and rental, light" means an establishment within a building where common
residential, commercial, and or industrial equipment is rented and or sold to the public
including, but not limited to, construction tools, lawn or garden equipment, power tools, or
trades tools. The establishment may also include the maintenance of such equipment.
(etablissement de vente et de location de materiel Leger)
"erect" means to assemble, build, construct, or relocate a building or structure, and includes
any associated activity. (edifier)
"excavation" means the making of land by cutting or digging in excess of one metre, except in
the case of laying pipelines. (excavation)
Part 3. Definitions
176
�f
Page 123
i
"exhibition grounds" refers to any use of land or building on a seasonal or temporary basis for
entertainment, display, performance, market, auction, fair, or other similar community events,
and may include a year round track for horseracing. (parc d'expositions)
"existing" means lawfully in existence on the date By -law No. C.P. 110, The Zoning By -law of The
City of Saint John, and amendments thereto, was repealed. (existant)
"farmers market" means an establishment where local farm products, which may also include
other foods, beverages, or arts and crafts, are sold to the public by a group retailers from within
a building or outside of a building. (marche fermier)
"filling of land" means the making of land by adding or filling in excess of one metre, except in
the case of laying pipelines. (remblayage)
"financial service" means an establishment where money is deposited, retained, loaned
exchanged, or managed, and includes, but not limited to, a bank, credit union, or trust company.
(institution financiere)
"fishery" refers to any use of land, building, or structure where fishery resources are cultivated,
managed, or harvested, but does not include manufacturing or processing of such products.
(peche)
"fleet service" means a development using a fleet of vehicles for the delivery of people, goods,
or services where such vehicles are not available for sale or long -term lease. This use includes
ambulance services, taxi services, bus lines, or messenger and courier services, but does not
include moving or cartage firms involving trucks with a gross vehicle weight of more than 3,000
kilograms. (flotte)
"funeral service" means an establishment that provides the preparation of the dead for
interment or cremation and the holding of a memorial service, and may include the accessory
sale and storage of caskets, urns, and other related funeral items. An associated chapel or
crematorium are permitted as secondary uses. (salon funeraire)
"garage" means an accessory building or part of a main building or structure capable of being
used for the storage of a motor vehicle. (garage)
"garden centre" refers to any use of land, building, or structure for the display and sale of
plants, gardening, or landscaping equipment or supplies. (centre jardinier)
-%
Part 3: Definitions Page 124
177
"garden suite" refers to any secondary use to a one -unit dwelling where another dwelling unit is
established in a separate building on the same lot. Except as otherwise provided by this By -law,
a garden suite is considered the same as an accessory building. (pavillonyardin)
"general contractor service" means an establishment related to building construction, concrete
installation, drilling, electrical, excavation, heating, landscaping, paving, plumbing, road
construction, sewer, or similar service of a construction nature, which requires on -site storage
area for materials, construction equipment, or vehicles normally associated with a contractor
service. The use may also include related sales, a display office, or technical support service
area provided it is secondary or accessory to the main use. (service d'entrepreneur general)
"good faith" means the unintentional action of a sincere person as determined by the
Development Officer. (bonne foi)
"government or utility works depot" means a facility used by a level of government or public
utility company concerning the maintenance, operation, and storage of equipment, material,
fleet service, and includes associated office and supportive amenities. (depot des services
gouvernementaux ou des services publics)
"grade" means the finished level of the ground at the exterior walls of a building or structure
excluding localized depressions such as a pedestrian or vehicle entrance. (niveau du soo
"grocery store" means an establishment where fresh and packaged food and household items
are sold, and may include a secondary use provided:
(a) The total floor area of all secondary uses do not exceed 20 percent of the gross floor
area of the building or portion of the building where the grocery store is located; and
(b) Direct customer access inside the building is maintained between the grocery store and
the secondary use. (epicerie)
"gross floor area" means the total of all floor areas of a building or structure above and below
grade measured between the exterior faces of the exterior walls of the building at each floor
level, but does not include any area designed for parking. (afire de plancher brute)
"ground floor area" means the gross floor area of the first storey of a building located at or
above grade. (afire de plancher du premier etage)
"guest room" means a room of a Bed and Breakfast establishment that contains no cooking
facilities. (chambre d'hote)
Part 3: Definitions
178
Page 125
"habitable room" means the space within a dwelling unit where living functions are normally
Ir conducted and may include a bathroom, den, dining room, kitchen, living room, recreation
room but does not include a carport, deck, garage, p orch veranda unfinished attic , unfinished
basement, or cellar. (piece habitable)
"harbour facility" means any land, building, or structure that is part of a port use. (installation
portuaire)
"health and fitness facility" mean an establishment providing health, fitness, and recreational
activities, such as, but not limited to, boxing, dancing, gymnastics, martial arts, weightlifting,
yoga, or other forms of physical exercise. This use may also include the incidental sale of health
and fitness merchandise. (centre de sante et de conditionnement physique)
"health services laboratory" means an establishment where bio- medical samples are tested,
medical research is conducted, or medical and or dental aids, devices, or prostheses are
serviced. (laboratoire de services de sante)
"height" means the vertical distance from average grade to
the highest point of a building or structure, but does not
include anything excluded by this By -law with respect to
height. (hauteur)
"highway" means a thoroughfare built and maintained by, or under the supervision of, the
Department of Transportation and Infrastructure, the New Brunswick Highway Corporation, or a
project company, whether or not such highway lies within the geographical boundaries of a local
authority. (route)
"home occupation" means a secondary use in a portion of a dwelling unit where a home
business is conducted by the occupant of the dwelling unit. ( activity professionnelle a domicile)
"hospital" means a facility that provides short or long term medical and health care, and
includes overnight stays, surgery, laboratory, or diagnostic services for treating human illness,
disease, and injury. (hopitol)
"hostel" means an establishment where temporary accommodation is provided to an individual
traveller for remuneration in a shared or dormitory style room, but does not include an
accommodation such as a motel, hotel, or a rooming house. (auberge)
"Instructional service" means an establishment where instruction or training in an art, hobby,
sport, or other recreational activity is provided including, but not limited to, art, crafts, dance,
6L martial arts, or music. (service d'enseignement)
Part 3: Definitions
179
Page 126
"Intensification area" means the area within the Primary Development Area intended to
develop with the highest concentration of land uses in the City as defined by the Municipal
Development Plan and depicted on the Future Land Use Map (Schedule B) of the Plan. (secteur
de densifcation)
"interpretation centre" means an establishment to communicate to public the meaning or
significance of an area, feature, settlement, or site concerning its cultural, historic, natural, or
social importance for a non - profit purpose. (centre d'interpretation)
"kennel" means a building or structure used for the enclosure of animals kept for a commercial
purpose, and may include premises used for the breeding, raising, training, sheltering, or
boarding, or the overnight accommodation of dogs, cats, or other household pets, but shall not
include a veterinary clinic. (chenil)
"land for public purposes" means, pursuant to the Community Planning Act, land, other than
streets, for the recreational or other use or enjoyment of the general public, such as:
(a) An access to a lake, river, stream, sea, or other body of water;
(b) A beach or scenic area along the shore of a lake, river, stream, sea, or other body of
water;
(c) A conservation area;
(d) Land adjoining a school, for joint recreational purposes;
(e) Land for a community hall, public library, recreational use, or other similar community
facility;
(f) Open space, to provide air and light, to afford a view to or from a development or to a
lake, river, stream, sea, or other body of water, or for other purposes;
(g) A park, green belt or buffer area dividing developments, parts of a highway or a
development and a highway;
(h) A pedestrian way to a school, shopping centre, recreational area, or other facility;
W A protection area for a watercourse, stream, marsh, water supply lake, or other body of
water;
Q} A public park, playground, or other recreational use;
Part 3: Definitions ( Page 27 f '
HE
(k) A visual feature; or
(1) A wooded area, slope area, or a site giving view to a scenic area to provide diversity.
(terrain d'utilite publique)
"landfill" refers to any use where waste, including recyclables and organics, is collected, stored
and or treated permanently in open or covered pits, or temporarily inside or outside a building
for further processing or treatment, and may include on -site administrative functions associated
with such use. (decharge)
"landscape material supply" refers to any use conducted primarily outside of a building where
precast concrete products, paver, stone, gravel, soils, or other aggregates are stored and sold,
and may include the ancillary sale or rental of related goods and materials. (approvisionnement
en materiaux de jardin)
"landscaping" means that part of a lot developed for beautification or visual improvement, such
as, but not limited to, an artwork, beach, berm, fence, fountain, lawn, path, patio, pond,
retaining wall, shrub, screen, tree, walkway, wall, or natural rock or treed area, but does not
include any space beneath, within or on top of a building or an access, driveway, lane, parking
area, or ramp. (amenagement paysager)
"lane" means a thoroughfare that affords only a secondary means of access for vehicular traffic
to abutting lots and is not intended for general traffic circulation. (ruelle)
"library" means an establishment containing printed, electronic, and or pictorial material for
public use in study, reference, or recreation. (bibliotheque)
"liquefied natural gas terminal" means a terminal used for the import and or export of liquefied
natural gas and associated uses. (terminal de gaz nature! liquefre)
"lot" means a parcel of land, or two or more adjoining parcels of land held by the same owner
and used or intended to be used as the site for a main building or structure along with any
associated accessory building or structure, amenity space, driveway, landscaping, or parking
area, whether or not such lot is shown on a filed subdivision plan or is the subject matter of a
separate deed or a separate description in a deed. (lot)
"lot area" means the total horizontal area within the boundary lines of a lot, or the combined
total horizontal area within the boundary lines of all part lots associated with a semi - detached
dwelling or townhouse dwelling. (superjlcie du lot)
Part 3: Definitions
181
x r__-NN ,
Page 129
"lot depth" means the horizontal distance between the front and rear lot lines of a lot when
these lines are parallel, or the length of a straight line joining the middle of the front lot line with
the middle of the rear lot line when the front and rear lot lines are not parallel. (profondeur du
lot)
Carnn I.x
,
f
Aft
IIF
.y
"lot frontage" means the horizontal distance between the side lot lines of an interior lot as
measured along the front lot line, or the horizontal distance between the side lot line and a
hypothetical point of intersection of the front and flankage lot lines of a corner lot determined
by extension of a straight line. (facade du lot)
"lot line" means a common boundary line between a lot and an abutting body of water, lot,
parcel of land, or street or other such access. (limite du lot)
"lot line, flankage" means a side lot line abutting a street on a corner lot. (limite de flans du lot)
"lot line, front" means the boundary line of an interior lot abutting a street, or in the case of a
corner lot the shorter boundary line abutting a street with the longer boundary line abutting a
street being the flankage lot line, but if both boundary lines are of equal length then the
boundary line directly across from the principal entrance of the main building or structure on
the lot, or in the case where a lot does not abut a street right -of -way, the boundary line abutting
any other access that provides access shall be the front lot line. (limite avant du lot)
"lot line, rear" means the lot line farthest from or opposite to a front lot line. (limite arri&e du
lot)
"lot line, side" means a lot line other than a front, flankage, or rear lot line. (limite laterale du
lot)
Part 3: Definitions Page 129 �`. r
182
"lot frontage" means the horizontal distance between the side lot lines of an interior lot as
measured along the front lot line, or the horizontal distance between the side lot line and a
hypothetical point of intersection of the front and flankage lot lines of a corner lot determined
by extension of a straight line. (facade du lot)
"lot line" means a common boundary line between a lot and an abutting body of water, lot,
parcel of land, or street or other such access. (limite du lot)
"lot line, flankage" means a side lot line abutting a street on a corner lot. (limite de flans du lot)
"lot line, front" means the boundary line of an interior lot abutting a street, or in the case of a
corner lot the shorter boundary line abutting a street with the longer boundary line abutting a
street being the flankage lot line, but if both boundary lines are of equal length then the
boundary line directly across from the principal entrance of the main building or structure on
the lot, or in the case where a lot does not abut a street right -of -way, the boundary line abutting
any other access that provides access shall be the front lot line. (limite avant du lot)
"lot line, rear" means the lot line farthest from or opposite to a front lot line. (limite arri&e du
lot)
"lot line, side" means a lot line other than a front, flankage, or rear lot line. (limite laterale du
lot)
Part 3: Definitions Page 129 �`. r
182
"lot occupancy" means that percentage of a lot that is permitted to be covered by buildings and
structures, but does not include any part of a building or structure that is completely below
grade, and for the purpose of this By -law the maximum lot coverage in each zone shall be
deemed to only apply to that portion of such lot that is within that zone. (coefficient
d'occupation du lot)
"lot, corner" means a lot located at an intersection abutting two or more streets. (lot d'angle)
"lot, interior" means a lot other than a corner lot. (lot interieur)
"lot, part" means the individual lot for a dwelling unit of a semi - detached dwelling or
townhouse dwelling where separation is provided by a common wall. (lot partiel)
"lot, through" means a lot other than :� corner lot that has a front yard on two streets. (lot
transversal)
"massage parlour" means an establishment where for any form of consideration massage is
administered to the human body for sexual pleasure. (studio de massage)
"medical clinic" means an establishment where human health services are provided through
diagnostic, therapeutic, preventative, or rehabilitative treatment, but does not include any
overnight accommodation of a patient. A medical clinic includes, but is not limited to, an
acupuncturist, athletic therapist, chiropodist or podiatrist, chiropractor, dental provider,
massage therapist, naturopath, osteopath, physician, physiotherapist, psychologist, social
worker, speech therapist, or vision care provider. (clinique medicale)
"message duration" means the period that sign copy is displayed. (duree du message)
"message transition" means the period between the changing of sign copy. (transition du
message)
"microbrew pub" means a small brewery, winery, or distillery operated in conjunction with a
drinking establishment or restaurant, provided the beer, wine, or liquor is directly sold to the
public on -site or offsite but not to another drinking establishment, restaurant, or wholesaler.
(bistrot- microbrasserie)
"minor utility service building or structure" means any overhead, surface, or underground
building, facility, or structure maintained by The City of Saint John or a public utility in the
delivery of electricity, natural gas, sanitary sewer, storm sewer, telecommunications, or water,
and includes, but not limited to, a communications device, distribution or transmission line, pole
including overhead wire and associated hardware or anchoring device, small surface mounted
Part 3: Definitions Page 130 yr
183
u
of
enclosure, underground pipe system, underground wire, or water or sewage lift or pumping
station, but does not include an electrical substation, sewerage treatment plant, water tank, or
water treatment plant. (bdtiment ou construction secondaire des services publics)
"mobile home park" means a lot containing two or more mobile or mini -homes abutting a
private street. (parc de maisons mobiles)
"mobile or mini - home" means a single dwelling unit that is pre - manufactured in a facility and
transported to a building site on a lot, but does not include a dwelling assembled in two or more
sections, a garden suite, or major recreational equipment. (maison mobile ou mini - maison)
"moving pictures" is a land use term believed to have been included in all the zoning by -laws
that have been enacted for The City of Saint John, Canada's oldest incorporated city, since
beginning its planning program back in 1945. Today, this land use would be the equivalent to a
cinema, which is a permitted Commercial Entertainment use in this By -law. (moving pictures)
"moving services" means an establishment that uses a fleet of trucks and or trailers for the
pickup and delivery of personal goods, and may include moving or cartage firms involving trucks
with a gross vehicle weight of more than 3,000 kilograms. (entreprise de demenagement)
"Municipal Plan" means The City of Saint John Municipal Development Plan as adopted and
amended by Council under the authority of the Community Planning Act. (plan municipal)
"nightclub" means an establishment where entertainment is provided in the form of a dance
floor, stage, live performance, or recorded music and includes the sale and consumption of
alcohol to the public but where minors are not permitted on the premises unless accompanied
by a legal guardian. A nightclub may also include the sale and consumption of food to the
public. (bar, salon -bar ou boite de nuit)
"nit" means a unit of illuminative brightness equal to one candela for each square metre
measured perpendicular to the rays of the source. (nit)
"non- profit" means an agency, association, corporation, or person that conducts business for
the benefit of the public without shareholders and without a profit motive. (organisme a but
non lucratif)
"outdoor display area" means an area for the display of retail goods or materials intended for
the immediate sale to the public that is situated outside of a building. (aire d'exposition
exterieure)
r
Part 3: Definitions Page 131 t°•'. j `
HE
"outdoor storage" means the storage of equipment, goods, inventory, materials, merchandise,
or other items by locating them on a lot outside of a building, but does not include the storage
of garbage, or the display of goods for sale to the public from a commercial business on the
same lot. (entreposage a !'air fibre)
"park or playground" means a lot containing a public park or playground for a non - profit
purpose. (parc ou terrain de jeux)
"parking aisle" means the area within a parking lot that is used or intended to be used for
internal vehicular circulation or manoeuvring and provides direct access to one or more parking
spaces, but does not include any portion of a driveway. (allele de stationnement)
"parking lot" means an area of land on a lot
for the parking of vehicles and includes any
adjoining access or driveway. (parc de
stationnement)
"parking lot, commercial" means a parking lot
where a space is rented or leased, but does
not include parking lots as an accessory use or
a temporary parking lot authorized by The City
of Saint John with regards to winter parking restrictions. (parc de stationnement commercial)
"parking space" means an area reserved for the parking of an individual vehicle often referred
to as a stall, but does not include any part of a parking aisle or driveway. (emplacement de
stationnement)
"parking space, barrier free" means a parking space designed for the exclusive use of a person
with a disability who displays on or in a vehicle a disabled persons identification plate, permit or
placard issued under the authority of the Motor Vehicle Act. (emplacement de stationnement
accessible)
"parking structure" means a building or structure containing parking spaces for the parking of
vehicles. (garage de stationnement)
"parking, unrestricted on- street" means parking on a street where public parking of vehicles is
permitted without any daytime restriction. (stationnement Libre sur rue)
"Patio" means an uncovered horizontal structure intended for use as an outdoor amenity space
where the surface height is less than sixty centimetres above grade. (patio)
Part 3: Definitions
185
Page 132 i` v.J*
"paved surface" means a paved area or surface consisting of asphalt, concrete, brick pavers, or
any combination thereof. (surface revetue)
"permit" means a permit for a development or change of use that is approved by the
Development Officer. (permis)
"person" shall mean any agent or trustee, association, corporation, firm, human being,
partnership, and the executors, heirs or other legal representatives of a person to whom the
context can apply according to law. (personne)
"personal service" means an establishment providing clothes cleaning or personal grooming
service such as, but not limited to, an aesthetician, barbershop, beauty salon, clothes alteration,
repair, or manufacture for individuals, dry cleaning depot or shop, hairdresser, laundry service,
shoeshine, or shoe repair, but excludes the fabrication or manufacturing of goods for retail or
wholesale distribution. A personal service may also include an establishment providing pet
grooming. (service personnel)
"pet grooming" means an establishment where animals are groomed and washed and may
include the ancillary sale of products related to this service, but does not include any associated
outdoor kennel or overnight accommodation. (studio de toilettage d'animaux familiers)
"pipeline" means pipes and installations regulated by the Pipeline Act, 2005 of the Province of
New Brunswick for the transmission of oil, gas, minerals, or fluids from an oil or gas well, or
water or effluent used or produced in connection with an oil or gas well or the manufacture of
oil or gas. (pipeline)
"pit" means a place where unconsolidated metallic mineral or mineral bearing substance, rock,
earth, clay, sand, or gravel has been or is being removed by means of an open excavation in
order to supply it for construction, industrial, and or manufacturing purpose. (carriere)
"place of worship" means an establishment where people gather for religious or spiritual
purpose and may include secondary uses such as, but not limited to, childcare, social,
administrative, or food preparation activities. (lieu de culte)
"planner" means, pursuant to the Community Planning Act, an individual who is entitled to use
the appellation MCIP or FCIP under the by -laws of the Canadian Institute of Planners. (urbaniste)
"porch" means a roofed structure attached to the exterior of a building with walls that are open
and unenclosed to the extent of at least 50 percent between the floor and ceiling,
notwithstanding such open and unenclosed area may be covered by insect screening. (porche)
Part 3: Definitions page 133 4,
:•
"Primary Development Area" means the area generally corresponding to that portion of the
City with municipal sewer and water as defined by the Municipal Plan and depicted on the
Future Land Use Map, Schedule B, of the Plan. (principal secteur de developpement)
"private club" means an establishment where people gather for social, literary, cultural,
political, educational, and or recreational purpose operated for the exclusive use of its members
and their guests, and may include food preparation, seating areas, and meeting rooms. A
private club may be licensed with a Club License under the Liquor Control Act. (club prive)
"progressive rehabilitation" means rehabilitation of an excavation site undertaken sequentially,
and within a reasonable period as deemed by the Building Inspector, in accordance with the
provisions of this By -law and the conditions of any permit associated with such excavation.
(remise en etat progressive)
"public display" means a structure that communicates to the public the meaning or significance
of an area, feature, settlement, or site concerning its cultural, historic, natural, or social
importance for a non - profit purpose. (exposition publique)
"public utility" means any agency controlling, managing, operating, or owning an undertaking
for the supply of electricity, natural gas, or telecommunications. (entreprise de services publics)
"public water supply" means a surface or well water supply used for public consumption.
(source publique d'approvisionnement en eau)
"quarry" means a place where consolidated rock has been or is being removed by means of an
open excavation in order to supply material for construction, industrial, and or manufacturing
purpose and includes an open pit mine. (groviere)
"race track" means an establishment where animals and non - motorized vehicles are in
competition against each other or against time and includes seating for spectators and may
involve gambling on the racing activity. (piste de courses)
"recreation facility" means:
(a) An establishment within a building designed for athletic activities, including, but not
limited to, health and fitness, skating, or swimming, and may include within the same
building secondary uses such as, but not limited to, childcare, food service, medical
office, or personal service; or
Part 3: Definitions Page 134 r;yy
187
(b) An establishment where land is used for non - motorized outdoor sports or athletic
activities, including, but not limited to, a change room, shower, or washroom facility.
(installation de loisirs)
"recreational vehicle" or "major recreational equipment" means a vehicle or major equipment
intended for recreational use such as, but not limited to, a boat, boat trailer, chassis mounted
camper, motorized home, slide -in camper, tent trailer, or travel trailer. ( vehicule de plaisance ou
gros equipement recreatifl
"recreational vehicle sales and service, large" means the use of any land, building, or structure
for the display and sale of travel trailers, recreational vehicles and or power boats or other
similar large -scale outdoor recreational equipment including, but not be limited to, the
servicing, repair, cleaning, painting, and or polishing of such vehicles and their transport- trailers,
and the sale of accessories and related products and the leasing or renting of such vehicles.
( vente et reparation de gros vehicules de plaisance)
"recreational vehicle sales and service, small" means the use of any land, building, or structure
for the display and retail sale of non - motorized watercraft, all- terrain vehicles, snowmobiles, or
other similar small -scale outdoor recreational equipment including, but not be limited to, the
servicing, repair, cleaning, painting, and or polishing of such vehicles and their transport- trailers,
and the sale of accessories and related products and the leasing or renting of such vehicles.
(vente et reparation de petits vehicules de plaisance)
"recycling bins" means unattended containers for the collection and temporary storage of
household recyclable items such as, but limited to, cardboard, paper, plastic, or metal. (bac de
recyclage)
"recycling facility" means an establishment involved in the storage, sorting, or processing of
scrap paper, bottle, rags, or metal, but does not include a scrap or salvage yard. (centre de trr)
"redemption centre" means an establishment where bottles, cans, or other beverage
containers are received from the public for reimbursement of the containers deposit, and where
all recycling facility activities occur within a building. (centre de remboursement)
"regional commercial centre" means a lot or commercial group containing one or more
commercial buildings having a total gross floor area of 3,000 square metres or more which
contains one or more of the following uses intended to serve the shopping needs of the Saint
John region: Artist or Craftsperson Studio, Bakery, Bar, Lounge, or Nightclub, Business Office,
Commercial Entertainment, Community Centre, Community Policing Office, Day Care Centre,
Financial Services, Funeral Services, Grocery Store, Health and Fitness Facility, Library, Medical
�) Part 3: Definitions Page 135 ' "
Clinic, Personal Service, Pet Grooming, Recycling Bins, Restaurant, Retail General, Retail
Warehouse, Service and Repair, Household, Technical or Vocational School, or Veterinary Clinic.
(centre commercial regional)
"rehabilitation" means when land that has been excavated for aggregate extraction has been:
(a) Restored to its former use or condition; or
(b) Changed to a permitted use or condition that either is, or will become, compatible with
the adjacent lots. (remise en etat)
"rehabilitation centre" means an establishment where persons with alcohol, drug, or similar
addictions live under the care and supervision of health and counselling professionals. (centre de
readaptation)
"research and development facility" means an establishment where scientific research,
investigation, testing, or experimentation takes place within a building for the development of
advanced information technology, prototypes, or manufacturing of advanced technology
products, and includes a wide variety of secondary uses relating to the operation such as, but
not limited to, conference facility, food service, health and wellness, laboratory, meeting facility,
printing service, professional and or legal service, technical consulting, training facility, or other
similar facilities. (installation de recherche et de developpement)
"restaurant" means an establishment where food is prepared and offered for sale to the public
for consumption on -site or off -site, and may include a dinner theatre or a catering service. A
restaurant may be licensed with a Dining Room or Lounge license under the Liquor Control Act.
(restaurant)
"retail convenience" means an establishment where goods, wares, merchandise, substances,
articles, or things are offered for sale to local area residents or employees on a daily basis at
retail or wholesale value including, but not limited to, confectionery, groceries, hardware, non-
alcoholic beverages, personal care items, pharmaceutical, printed material, or tobacco.
(depanneur)
"retail general" means the sale of goods, wares, merchandise, substances, articles, or things to
the public and may include the accessory storage and servicing of such items. (vente au detail
generole)
"retail store" means an establishment where new or used goods, wares, merchandise,
substances, articles, or things are offered for sale to the public at retail or wholesale value and
may include minor processing and packaging associated with the sale of food products, but does
Part 3: Definitions Page 136 �- )
:•
not include the sale of a vehicle or heavy equipment. A retail store may also include a food
bank. (magasin de detail]
"retail warehouse" means an establishment where goods requiring a large display floor area are
sold to the public such as, but not limited to, building material, furniture, major appliances, or
wholesale retail outlets. (entrepot de vente au detail)
"rooming house" means an establishment where furnished habitable rooms are provided for
compensation, but does not include a bed and breakfast, hostel, motel, or hotel. (maison de
chambres)
"sales centre, model home" refers to any use where model and show homes are displayed for
sales purposes for construction off -site. (centre de vente par maison- temoins)
"school (9 -12)" means a facility where students are taught the curriculum of one or more grade
levels between nine to 12 in accordance with the Education Act, and may include before and
after school programs and necessary accessory or secondary uses such as, but not limited to,
administration, athletics, food, or library service. (ecole (neuvieme a la douzieme annee))
"school (K -S)" means a facility where students are taught the curriculum of one or more grade
levels between kindergarten to eight in accordance with the Education Act, and may include
before and after school programs and necessary accessory or secondary uses such as, but not
limited to, administration, athletics, food, or library service. (ecole (maternelle a la huitieme
annee))
"scrap or salvage yard" refers to any use of land or building for the storage, wrecking,
disassembling, refurbishing, or handling of goods, machinery, or motor vehicles, and may
include a recycling facility, the sale of salvaged materials, or outdoor storage. (parc a ferraille ou
depot d'objets de recuperation)
"secondary suite" means a secondary use to a one -unit dwelling where an additional small
dwelling unit is established in another building at the rear of the same lot. (logement accessoire)
"self- storage facility" means an establishment where goods or personal items are stored inside
separate compartments within a building each having separate exterior access. (entrepot libre-
service)
"service and repair, household" means an establishment where household items such as
furniture, electronic equipment, or appliances are repaired or serviced, and may include the
ancillary sale of products associated with the service provided, however, this use does not
Part 3: Definitions Page 137
190
include services that require the use of solvents or industrial processes. (entreprise d'entretien
et de reparation d'articles menagers)
"service and repair, industrial" means an establishment where equipment, machines or goods,
but not including motor vehicles, are repaired, serviced, or maintained, and may include the
ancillary sale of products associated with the service provided. (entreprise d'entretien et de
reparation de materiel industriel)
"service station" means an establishment where fuel or lubricants are offered for sale, and may
include minor automobile repair or maintenance, sale of convenience items, or a car wash inside
a building or structure, but shall not include a vehicle repair garage, a vehicle body and paint
shop, vehicle sales and leasing, or a vehicle rental use. (station- service)
"sign" means any display of advertisement, billboard, placard, or other form or means or device
whatsoever of public announcement or notice whether erected, painted, or pasted, but does
not include such display when inside a building or affixed to the inside of a glass door or window
of a building. (enseigne)
"sign copy" means any colour, graphic, logo, image, message, numeral, picture, symbol, text, or
word, or any combination thereof, displayed on a sign face. (message dune enseigne)
"sign face area" means the total area in which the sign copy is located. The sign face area shall
be considered the area of the smallest rectangle, triangle, or circle that can totally circumscribe
the sign face in the plane of its largest dimension on each surface of the sign structure.
(superjicie de la face dune enseigne)
"sign face" means the surface of a sign upon, against or through which the sign face area is
displayed including any frame or border and any writing, emblem, logo, or other display
representative of the name of the development or identifying the site owner or manager. (face
d'une enseigne)
"sign height" means in the case of a ground sign, the vertical distance from grade to the top of
the highest part of the sign including any supporting framework or bracing, or in the case of a
wall sign or projecting wall sign, the vertical distance from the bottom of the sign structure to
the top of the sign structure inclusive of any frame or border. (hauteur dune enseigne)
"sign, awning" means a sign that is incorporated into the material of an awning or canopy.
(enseigne sur auvent)
"sign, billboard" means a ground sign that displays third -party advertising.(panneau d'affichage)
Part 3: Definitions Page 138
191
"sign, directional" means a sign directing vehicles or pedestrians to an access or driveway on
lot. (panneau de direction)
"sign, entrance identification" means a sign that is placed over an entrance of a building or
structure identifying such entrance or a service area, and may include the logo or name of the
business or organization to which the entrance provides access. (panneau d'entr6e)
"sign, ground" means a sign structure that is permanently attached to the ground and
supported by one or more posts or other similar means. (enseigne au sol)
"sign, illuminated" means a sign lighted from within the sign structure or by a light shining
externally upon the sign, but does not include a sign that is intermittently illuminated. (enseigne
lumineuse)
"sign, intermittently illuminated" means a lighted sign where the sign copy is displayed at
intervals, including, but not limited to, electronic or digital signs. (enseigne d illumination
intermittente)
"sign, neighbourhood identification" means a ground sign that identifies a residential
neighbourhood or subdivision. (enseigne de quartier)
"sign, point -of- purchase" means a sign that is usually not visible from a street that is intended
to advertise goods available for sale from a building on a lot, including, but not limited to, a
take -out menu board for a restaurant. (enseigne de point de vente)
"sign, projecting wall" means a sign structure attached to a building or structure that projects
more than 0.5 metres but less than three metres from the main wall of the building or structure.
(enseigne en saillie de mur)
"sign, public transit" means a sign attached to a public transit shelter or affixed to a transit bus.
(enseigne sur transport en commun)
"sign, real estate" means a sign advertising the sale, rent, or lease of a premise on the lot where
the sign is located. (enseigne immobiliere)
"sign, roof" means a sign structure attached on top of the roof cornice of a building or structure.
(enseigne sur toit)
"sign, temporary" means a mobile sign structure that is designed in such a manner that it can
be readily relocated to provide advertising at another location. (enseigne temporaire)
Part 3: Definitions
192
Page 139 r
"sign, third - party" means any type of sign that advertises goods, products, or services not
located, sold, or provided on the same lot as the sign. (enseigne de tiers)
"sign, wall" means a sign structure attached directly against the wall of a building or structure
that does not project more than 0.5 metres from the wall. (enseigne morale)
"special event" means a community event of a charitable nature that includes, but not limited
to, a peaceful demonstration, parade, run, or walk. (evenementspecial)
"split - level" means a dwelling of which some portion is more than one storey in height, and in
which there are three or more floor levels with adjoining levels having a difference in elevation
of less than 2.1 metres. (habitation a niveaux multiples)
"Sports and entertainment facility" means an indoor or outdoor facility used for entertainment
purposes such as, but not limited to, sporting events, concerts, or exhibitions, and may include
accessory food or beverage services. (centre de sport et de loisir)
"storey" means that portion of a building that is located between the top of any floor and the
top of the next floor above it, but if there is no floor above it the portion between the top of
such floor and the ceiling above. (etage)
"storm water management pond" means a pond that has been constructed in accordance with
a plan approved by the Chief City Engineer that is designed to collect and detain or retain storm
water on a lot. (bassin de gestion des eaux pluviales)
"street" means:
(a) A thoroughfare that has been vested to The City of Saint John as a public street and has
been constructed to the standards prescribed by the Saint John Subdivision By -law, or
provision has been made to construct the street to said standards in accordance with
the provisions of the Subdivision By -law;
(b) A constructed thoroughfare that is maintained by The City of Saint John and used by the
public on a year round basis;
(c) A private access approved by the Committee under the authority of the Saint John
Subdivision By -law and constructed to the standards prescribed by the Committee, or
provision has been made to construct such private access to the standards in
accordance with the provisions of the Subdivision By -law; or
Part 3: Definitions
193
Page 140 w
(d) A constructed thoroughfare used by the public on a year round basis that provides
access to at least two abutting properties owned by separate individuals and that each
contain a permanent main building which is directly serviced by electricity and
telephone from a public utility and occupied on a year round basis. (rue)
"street line" means the boundary line of a street right -of -way that forms the dividing line
between a street and a lot. (olignement)
"structure" means anything erected or constructed upon, under, or above the ground, or
anything attached to something located upon, under, or above the ground other than a building.
(construction)
"structure, accessory" means a subordinate structure that is incidental, subordinate and
exclusively devoted to the main use, building, or structure located on the same lot. (construction
accessoire)
"structure, main" means a structure intended to accommodate the main use or uses permitted
on a lot. (construction principale)
"supportive facility" means:
(a) An establishment licensed or approved by a government agency that provides care and
or supervision to residents on a 24 -hour basis by professional staff; or
(b) An establishment devoted to retired residents where common amenities and services,
including communal dinning, are provided exclusively to such senior residents.
(etablissement de soutien)
"supportive housing" means an establishment licensed or approved by a government agency
that provides care and or supervision on a 24 -hour basis by professional staff to a maximum of
nine residents under the age of nineteen, or to a maximum of nine residents of any age
pursuant to the Family Services Act, but not both. (logement avec services de soutien)
"surveyor" means any person who registered under the New Brunswick Land Surveyors Act,
1986 and authorized to practise land surveying in the Province of New Brunswick. (arpenteur-
geometre)
"swimming pool" means an artificial body of water used for swimming and related activities
that is capable of containing a depth of water greater than one metre, but does not include a
storm water management pond, a watercourse, or a natural body of water. (piscine)
Part 3: Definitions Page 141
194
"technical or vocational school" means a facility where students are taught the curriculum and
or provided training or certification with regards to a specific trade, service, or skill, and may
include necessary accessory or secondary uses such as, but not limited to, administration,
athletics, food service, or research. (ecole deformation technique ou professionnelle)
"telecommunication tower" means any type of tower or facility regulated by the federal
Telecommunication Act, Radiocommunication Act, or Broadcasting Act that is administered by
Industry Canada and used to support one or more antennae for the purpose of
telecommunications. (tour de telecommunications)
"tentative approval" means tentative approval granted by the Development Officer for a
proposed subdivision in accordance with the provisions of the Saint John Subdivision By -law.
(approbation provisoire)
"towing service" means an establishment where trucks are dispatched to transport inoperable
vehicles, and may include the outdoor compound area for the secure storage of such vehicles
and or the administrative functions associated with this use, but it does not include a scrap or
salvage yard. (service de remorquage)
"transit terminal" refers to any use for the facilitation of transporting people by vehicle and
may include the maintenance or repair of such vehicles. (pare routiere)
"transportation depot" refers to any use involved in the storing, servicing, or repairing of
vehicles or equipment and may include fuel storage and dispensing of such vehicles, and other
accessory or secondary uses such as administration and training facilities or functions. (depot de
transport)
"transportation terminal" refers to any use for the facilitation of transporting goods or people
by air, land, or water. (terminal de transport)
"university or college" means a facility where students are taught the curriculum of a post-
secondary program by an institution authorized in accordance with the Degree Granting Act,
and may include necessary accessory and secondary uses such as, but not limited to,
administration, athletics, food service, research, student and faculty residence, or associated
commercial services for students and staff. ( universite ou college)
"use" means the purpose for which land or a building or a structure, or any combination
thereof, is designed, arranged, erected, occupied, or maintained. (usage)
Part 3: Definitions
195
Page 142
r i
"use, accessory or incidental" means a permitted use in a zone that is incidental to and
exclusively devoted to a main use of any land, building, or structure located on the same lot.
(usage accessoire ou usage annexe)
"use, agricultural" means the cultivation of the soil to produce a crop or the raising of a
domestic animal, including, but not limited to, the growing of a crop, an agro- forestry operation,
garden, greenhouse, maple syrup production, nursery, orchard, or vineyard, or the keeping and
raising of bees, fish, fowl, livestock, or fur or wool bearing animals. (usage agricole)
"use, change of" means a change of a use of any land, building, or structure, or any combination
thereof, to a different use permitted in the zone where such land, building, or structure is
located. (changement d'usage)
"use, commercial" means any permitted use where the primary purpose is to sell, lease, or rent
a product or service directly to the public, including, but not limited to, retail sales, commercial
entertainment, or personal or professional services, but does not include any residential use.
(usage commercial)
"use, conditional" means a use of any land, building, or structure that is permitted subject to
any term or condition imposed by the Committee, and that may be prohibited by the
Committee where compliance with an imposed term or condition cannot reasonably be
expected. (usage conditionnel)
"use, existing" means a use lawfully in existence on the date By -law No. C.P. 110, The Zoning By-
law of The City of Saint John, and amendments thereto, was repealed. (usage existant)
"use, forestry" refers to any use of land, building, or structure where timber resources of any
cumulative ground area are cultivated, managed, or harvested, but does not include
manufacturing or processing of such products. (usage forestier)
"use, heavy industrial" refers to any use of land, building, or structure for any of the following:
(a) A "volatile industrial use" where the type of material used, produced, or stored and or
the type of manufacturing process involved may be harmful or detrimental to a person's
health and or property due to the potential of fire, explosion, or the accidental release
of toxic gases, fumes, or otherwise, and without limiting the generality of the foregoing,
shall include, but not be limited to, a chemical plant, crude import, and or export
terminal, fertilizer manufacture and storage, liquefied natural gas terminal, petro-
chemical plant, or petroleum refinery, but not a nuclear power plant, nuclear storage
facility, or a nuclear enrichment plant; and
Part 3: Definitions
196
Page 143
(b) An "offensive industrial use" where the type of manufacturing process involved or the
type of material used, produced, or stored may cause a dangerous gas or fume, dust,
objectionable odour, noise or vibration, or the unsightly storage of goods, wares,
merchandise, salvage, junk, waste, or other material to a condition that could be
hazardous or injurious as regards to a person's health or safety, or which prejudices the
character of the surrounding neighbourhood, or could interfere with the normal
enjoyment of any land, building, or structure, and shall include, but not be limited to, a
brewery, pulp and paper mill, or a scrap or salvage yard. (usage d'industrie lourde)
"use, light industrial" refers to any use of land, building, or structure involving a manufacturing
process whether or not a finished article is produced, and may include the repairing and or
servicing of a vehicle, machinery, or building where the manufacturing process occurs or the
material is used or stored, and the transportation of material, goods, or commodities to and
from the premises that will not cause injury to or prejudicially affect the amenity of the locality
by reason of the following restrictions:
(a) Water usage being restricted to employee washrooms, indirect cooling and pressure
testing of equipment, cleaning of vehicles and or equipment, and similar uses ancillary
to the manufacturing process; or
(b) No effluent discharge or contaminant which may contribute to the biological, chemical,
physical, or aesthetic pollution of land, water, and or air; or
(c) No emission of sound that creates more than a 2dbA increase in the hourly sound levels
measured in any area and at any critical time as designated by the Building Inspector.
(usage d'industrie legere)
"use, main" means a permitted use in a zone that is the primary purpose of any land, building,
or structure located on a lot. (usage principal)
"use, medium industrial" means an industrial use other than a Light Industrial Use, a Heavy
Industrial Use, or a Special Industrial Use, which may involve outdoor storage or activities, but
where any nuisance or risk factor generally does not extend beyond the boundaries of the lot.
(usage d'industrie moyenne)
"use, municipal recreation" refers to any use containing a public recreational facility maintained
and or operated by The City of Saint John, and includes, but is not limited to, a basketball or
tennis court, park, playground, sports field, or swimming pool. (usage recreatif municipal)
Part 3: Definitions
197
Page 144 K
"use, non - conforming" means, as further defined by the Community Planning Act, a use of any
land, building, or structure that is not permitted by this By -law but allowed to continue if such
use legally existed on the day this By -law was enacted. (usage non conforme)
"use of land ", pursuant to the Community Planning Act, includes the mining or excavation of
sand, gravel, clay, shale, limestone, or other deposits whether or not for the purpose of sale, or
other commercial use of the material so mined or excavated. (usage de terrains)
"use, permitted" means a main, secondary, accessory, and conditional use permitted in a zone.
(usage permis)
"use, recreational" means the use of any land, building, or structure for an athletic field, boat
and or yacht club, golf course, indoor and or outdoor skating rink, lawn bowling green, park,
picnic area, playground, swimming pool, tennis court, or other similar use, including an
accessory building and or structure, but does not include commercial camping grounds, or a
track for the racing of animals or any motorized vehicle. (usage recreatif)
"use, secondary" means a permitted use in a zone that is secondary to a main use of any land,
building, or structure. (usagesecondaire)
"use, similar or compatible" means a use of land or building that is otherwise not permitted in a
zone but has been authorized by the Committee, subject to any imposed term or condition, as
being sufficiently similar to or compatible with a permitted use in that zone. (usage similaire ou
usage compatible)
"use, special industrial" means an industrial use principally for one or more of the following:
(a) The manufacture or assembly of products using innovative or advanced technology
where substantial value is created or added to the product through the process of its
manufacture or assembly; or
(b) Research and development uses where innovative or advanced technologies are
employed; and
(c) Any indoor display office, technical, administrative or employee support area, or the
storage, shipment, or distribution of the product, shall be considered accessory to any
Special Industrial Use, but does not include industrial uses that process raw or
petrochemical materials. (usage industriel particulier)
Part 3: Definitions Page 145
HE
"use, temporary" means a development that is otherwise prohibited by this By -law but has
been authorized by the Committee, subject to any imposed term or condition, for a temporary
period not exceeding one year, or for an additional one -year period if an application for
amendment to this By -law to permit the development has been received. (usage temporaire)
"utility distribution structure, major" means any above ground building or structure which is
used for the provision and operation of energy, water, sanitary sewage system, or
telecommunication service for public consumption, benefit, or use, but does not include a minor
utility service building or structure. (grande construction pour la distribution des services publics)
"variance" means a relaxation to a requirement of this By -law granted by the Development
Officer or Committee as authorized by the Community Planning Act. (derogation)
"vehicle body and paint shop" means an establishment where motor vehicle bodies and frames
are repaired and or painted. (atelier de debosseloge et de peinture de vehicules)
"vehicle rental" means an establishment where motor vehicles not exceeding a weight of one
and one -half tonnes are rented to the public, and may include minor servicing, repair, or
cleaning of vehicles, and administrative functions associated with the use. (entreprise de
location de vehicules)
"vehicle repair garage" means an establishment involved in the repair of automobiles, trucks
not exceeding a weight of one and one -half tonnes, motorcycles, snowmobiles, or other
vehicles, and may include the sale, installation, servicing, or machining of automotive parts and
accessories, or a drive thru vehicle inspection, repair, servicing, or cleaning facility such as, but
not limited to, automotive glass replacement, exterior vehicle cleaning, muffler replacement,
safety inspection, tire alignment, tire replacement, transmission repair, or vehicle upholstery
cleaning, but does not include a vehicle body and paint shop. (garage de reparation de
vehicules)
"vehicle sales and leasing" means an establishment where new and or used vehicles not
exceeding a weight one and one -half tonnes are sold or leased, and may include an associated
vehicle repair garage that provides on -site servicing, repair, cleaning, or polishing of such
vehicles and the sale of auto accessories or related products. (entreprise de vente et de location
de vehicules)
"vehicle sales, incidental" means the sale of up to five vehicles on a developed site that is
accessory or incidental to a permitted main use. ( vente accessoire de vehicules)
Part 3: Definitions
199
Page 146
"veranda" means a roofed structure attached to the exterior of a building with at least one side
containing no wall. (veranda)
"veterinary clinic" means an establishment within a building where domestic animals or
household pets are treated by a licensed veterinarian, and includes temporary indoor
accommodation related to such treatment and or recovery of animals after a surgical procedure,
but does not include any outdoor facilities such as a kennel, dog run, or other similar enclosure.
(clinique veterinaire)
"walking trail" means an area of land maintained as a public walking trail for a non - profit
purpose. (sentier de promenade)
"walkway" means a pedestrian passage having a maximum width of one metre and when
satisfying a requirement of this By -law, or a condition imposed by the Council, the Committee,
or the Development Officer, shall be constructed with a surface consisting of concrete and or
brick pavers but not gravel or asphalt. (voie pietonniere)
"warehouse facility" means an establishment where goods are stored and packaged inside a
building, and may include administration, but does not include the manufacturing, display, or
sale of goods or a distribution facility. (entrepot)
"wastewater treatment facility" means a facility where wastewater is collected, treated, and
disposed of. (installation de traitement des eaux usees)
"water treatment facility means a facility where water is collected, treated, and distributed as
drinking water to customers. (installation de traitement de Yeau)
"yard" means that part of a lot unoccupied by any building or structure. (cour)
"yard, flankage" means the side yard of a corner lot abutting a street. (cour de flonc)
"yard, front" means a yard extending across the full width of a lot between the front lot line and
the nearest point of the wall of a main building or structure on the lot. (cour avant)
"yard, rear" means a yard extending across the full width of a lot between the rear lot line and
nearest wall of a main building or structure on the lot. (cour arriere)
Part 3: Definitions
200
Page 147 V-1.
{- J
y r
i ROPEiiYLINE y'!
01
a ;
y {A} Front
rd Setback Requirement
(B) gaftage Yard Setback Requirement
(C RearYardSetbackRequirement
0 Side Yard Setback Requirement
"yard, required" means a yard with the minimum front yard depth, rear yard depth or side yard
width required by the provisions of this By -law. (tour obligatoire)
"Yard, side" means a yard extending between the front and rear yard between a side lot line
and the nearest wall of a main building or structure on the lot. (tour laterale)
"zone" means a designated area of land use shown on the Zoning Map of this By -law. (zone)
"zone, commercial" means any zone denoted in this By -law as: Uptown Commercial (CU),
Waterfront Commercial (CW), Campus Research Commercial (CRC), Business Park Commercial
(CBP), Corridor Commercial (CC), Regional Commercial (CR), General Commercial (CG), Mixed
Commercial (CM), Local Commercial (CL), Adult Entertainment Commercial (CAE), or Rural
General Commercial (CRG). (zone commerciale)
"zone, community facility" means any zone denoted in this By -law as: Neighbourhood
Community Facility (CFN) or Major Community Facility (CFM). (zone d'installations
communautaires)
"zone, industrial" means any zone denoted in this By -law as: Light Industrial (IL), Medium
Industrial (IM), Heavy Industrial (IH), Pit and Quarry (PQ), Transportation (T), Utility Service (US),
or Utility Service Landfill (USL). (zone industrielle)
Part 3: Definitions
201
Page 148 ;
"zone, other" means any zone denoted in this By -law as: Park (P), Environmental Protection
(EP), Integrated Development (ID), Future Development (FD), or Rural (RU). (autre zone)
"zone, residential" means any zone denoted in this By -law as: Urban Centre Residential (RC),
High -Rise Residential (RH), Mid -Rise Residential (RM), Low -Rise Residential (RL), Two -Unit
Residential (R2), One -Unit Residential (Rl), Suburban Residential (RSS), Mini -Home Park
Residential (RP), Rural Settlement Residential (RS), or Rural Residential (RR). (zone residentielle)
"zoning confirmation letter" means a letter prepared by the Development Officer attesting to
the zoning of a lot and the permitted uses and standards of that zone. The letter may also
contain other relevant zoning information about the lot. ( lettre de confirmation de zonage)
Part 3: Definitions
202
Page 149
Tiber Scope, Interpretation, and Repeal
Zones and dministra ',
�j Cflrl!:.11c i
General Provisions: Access, Parking, and loading
Generai Provisions: Accessory Buildings ar±d Structures
General Provisions: Landscaping
eriera! Provisions: Signs
General Provisions: Other Standards
Generai Provisions: Uses Permitted in Mul iple Zones
Residential Zones
4m?'� er i, "ai I'one
Q�2 ndurs H-01 Zones
CII�D ommurr.ity Facility Zones
S 14'i I "edules
Q C)
203
O'
4 £a
F
UL
s�
i F' h,V4
+k
. Gil
Alr';Vt-
r
204
4 General Provisions: Access, Parking, and Loading
4.2 General Access Provision
No access may be constructed, installed, or used unless it is in conformity to all the
requirements of this Part.
4.1(1) ACCESS FOR RESIDENTIAL PURPOSES
(a) In this subsection:
(i) Access means an access or exit between a street and a lot used for a residential
purpose; (acces)
(ii) Lot means a lot or part lot; (lot) and
(iii) Residential Purpose means a dwelling containing less than five dwelling units.
(fin residentielle)
(b) The number of accesses shall be limited to one for each lot frontage except when the lot
has a frontage over 60 metres then two accesses are permitted if a minimum of 15
metres is provided between the centreline of each access measured at the street line.
(c) No access to a lot shall be located closer than five metres from the point where the
street line of two streets intersect to the edge of the access point at the street line
except when the access is onto one of the following streets in which case it shall not be
closer than 15 metres from the intersection of the street lines:
Bayside Drive
Broad Street
Chesley Drive
City Road
Crown Street
Douglas Avenue
Fairville Boulevard
Grandview Avenue
King William Road
Lancaster Avenue
Loch Lomond Road
Manawagonish Road
Manchester Avenue
Millidge Avenue
McAllister Drive
Retail Drive
Rothesay Avenue
Russell Street
Somerset Street
Station Street
Thorne Avenue
Water Street.
Part 4: General Provisions — Access, Parking, and Loading ^� Page 150
205
(d) No access small be constructed, installed, or used within 15 metres of:
(i) An intersection of two or more streets if traffic at such intersection is controlled
by traffic lights;
(ii) An intersection of two or more streets if such intersection is at grade and is in
the form of several segments or a rotary or contains island channelization or
other similar traffic control device;
(iii) An interchange; or
(iv) A railway grade crossing.
(e) The maximum width of an access that is located in a required front or flankage yard
shall be the greater of:
(i)
Six metres or 30 percent of the lot frontage measured at the street line for a
one -unit dwelling, two -unit dwelling, or multiple dwelling containing less than
five dwelling units on a lot with a frontage of 15 metres or more;
(ii) Five metres or 40 percent of the lot frontage measured at the street line for a
one -unit dwelling, two -unit dwelling, or multiple dwelling containing less than
five dwelling units on a lot with a frontage of less than 15 metres; or
(iii) Four metres or 50 percent of the part lot frontage measured at the street line
for a dwelling unit in a semi - detached dwelling or townhouse dwelling.
(f) Notwithstanding paragraph 4.1(1)(e), no access anywhere on a lot in a RC zone shall
have a width greater than 4.5 metres.
(g) An access for a dwelling unit in a semi - detached dwelling or townhouse dwelling shall
be developed together with the access of the adjoining dwelling unit unless such
adjoining access is not possible due to the odd number of total dwelling units in the
building.
(h) No access shall meet the travelled portion of the abutting street at an angle less than 60
degrees.
Part 4: General Provisions —Access, Parking, and Loading
206
Page 151
(i) Every access shall be developed and maintained with a crushed rock or gravel surface or
paved surface.
(j) No access shall abut an undeveloped Future Street vested to The City of Saint John.
(k) Nothing in this By -law shall prevent an access for a Dwelling Group to be provided and
maintained over the internal lot lines of the unified development.
4.1(2) ACCESS FOR COMMERCIAL PURPOSES
(a) In this subsection:
(i) Access means an access or exit between a street and a lot used for a
commercial purpose; (occes)
(ii) Commercial Purpose means any use of land or building or portion of a building
except for a dwelling containing less than five dwelling units;
(iii) Lot means a lot or part lot; (lot) and
(iv) Interchange means a system of interconnecting roadways in conjunction with
one or more grade separations providing for the movement of traffic between
two or more streets or highways at different levels. (echangeur)
(b) The number of two -way accesses shall be limited to one for each lot frontage except
when the lot has a frontage over 75 metres then two accesses are permitted if a
minimum of 20 metres is provided between the centreline of each access measured at
the street line.
(c) A pair of accesses may be installed to a lot in place of one two -way access if they are
designed and signed for one -way use and if a minimum of 20 metres is provided
between the centreline of each driveway measured at the street line.
(d) No access to a lot shall be located closer than 10 metres from the point where the street
line of two streets intersect to the edge of the access point at the street line except in
the following cases:
Pte,^ - -+c•-
Part 4: General Provisions— Access, Parking, and Loading I Page 52,
o-
207
(i) When the access is onto one of the following streets in which case it shall not be
closer than 30 metres from the intersection of the street lines:
Bayside Drive
Broad Street
Chesley Drive
City Road
Crown Street
Douglas Avenue
Fairville Boulevard
Grandview Avenue
King William Road
Lancaster Avenue
Loch Lomond Road
Manawagonish Road
Manchester Avenue
Millidge Avenue
McAllister Drive
Retail Drive
Rothesay Avenue
Russell Street
Somerset Street
Station Street
Thorne Avenue
Water Street; or
(ii) When the access is provided to 4i regional commercial centre it shall not be
located closer than 60 metres from the point where the street lines of two
streets intersect.
(e) No access shall be constructed, installed, or used within 30 metres of:
(i) An intersection of two or more streets if traffic at such intersection is controlled
by traffic lights;
(ii) An intersection of two or more streets if such intersection is at grade and is in
the form of several segments or a rotary or contains island channelization or
other similar traffic control device;
(iii) An interchange; or
(iv) A railway grade crossing.
(f) Subject to paragraph (h), no portion of an access shall be located in a required front or
flankage yard that has a width greater than nine metres for two -way operation or seven
metres for one -way operation measured at the street line.
(g) Subject to paragraph (h), access widths mentioned in paragraph (f) may be increased to
12 metres for two -way operation and nine metres for one -way operation where:
Part 4: General Provisions - Access, Parking, and Loading -page 153
1:
(i) A substantial portion of the vehicular traffic consists of tractor - trailers;
(ii) The abutting street is an arterial with four or more traffic lanes; or
(iii) The slope of the access where it intersects the abutting street is at least six
percent more or less than the slope of the street.
(h) No access anywhere on a lot in a RC zone shall have a width greater than 4.5 metres.
(i) No access shall meet the travelled portion of the abutting street at an angle of less than
60 degrees.
(j) No access shall be constructed, installed, or used closer to a lot line than:
W three metres of a side and rear lot line if the abutting lot is located in a
Residential zone and does not contain or allow a commercial use as defined by
this section of the By -law; or
(ii) 1.5 metres of a side and rear lot line in all other cases.
(k) Every access shall be developed and maintained in the same manner as required by
subsection 4.2(5) for a parking lot whether or not a parking lot exists on the lot.
(1) No access shall abut an undeveloped Future Street vested to The City of Saint John.
(m) Nothing in this By -law shall prevent an access for a Commercial Group or Dwelling
Group to be provided and maintained over the internal lot lines of the unified
development.
4.2 General Parking Provisions
(a) On -site parking spaces shall be provided and maintained in numbers no less than
indicated by this section on the same lot whenever land is used or a building or portion
of a building is erected, placed, altered, or used.
(b) For the following listed uses on -site parking spaces shall be provided in the amounts
indicated and where applicable such amounts are based upon the gross floor area of the
building where the use is located.
Part 4: General Provisions— Access, Parking, and Loading Page 154 VaiiJ e
209
Part 4: General Provisions — Access, Parking, and Loading Page 155
210
Minimum Number of
Use
Required Parking Spaces
Accommodation
1 per guest room plus 1 per 20 square
metres of banquet or conference room
Adult Entertainment Facility
1 per 10 square metres
Agricultural Use
1 per 50 square metres
Air Transport Facility
nil
Animal Shelter
1 per 35 square metres
Artist or Craftsperson Studio
1 per 30 square metres
Asphalt Plant
1 per 50 square metres
Auction Facility
1 per 50 square metres
Auction House
1 per 30 square metres
Bakery
1 per 30 square metres
Banquet Hall
1 per 20 square metres
Bar, Lounge, or Nightclub
1 per 10 square metres
Bed and Breakfast
1 per guest room
Bulk Fuel Storage Depot
1 per 50 square metres
Business Office
1 per 50 square metres
Business Support Service
1 per 30 square metres
Car Wash
1 per 50 square metres
Catering Service
1 per 50 square metres
Cement Plant
1 per 50 square metres
Commercial Entertainment
greater of 1 per 10 seats or
1 per 20 square metres
Commercial Recreation
Marina: 1 per 2 berths
Other: 1 per 20 square metres
Communication Facility
1 per 50 square metres
Community Arena
greater of 1 per 20 square metres or
1 per 10 seats
Community Centre
1 per 20 square metres
Community Garden
nil
Community Policing Office
1 per 50 square metres
Composting Facility
1 per 50 square metres
Concrete Plant
1 per 50 square metres
Conference or Convention Centre
1 per 20 square metres
Contractor Service, General
1 per 50 square metres
Contractor Service, Household
1 per 50 square metres
Correctional Services
1 per 65 square metres
Crisis Care Facility
1 per employee
Cultural Establishment
1 per 20 square metres
Day Care, Centre
1 per 5 children
Part 4: General Provisions — Access, Parking, and Loading Page 155
210
Day Care, Home
1 per day care
Day Care, Neighbourhood
1 per 5 children
1 per 200 square metres for first 2,000
Distribution Facility
square metres plus 1 per 500 square
metres more than 2,000 square metres
Dwelling Unit
1 per unit
Dwelling Unit, Affordable
0.5 per unit
1 per 200 square metres for first 2,000
Electrical Generation Station
square metres plus 1 per 500 square
metres plus 1 per 500 square metres
more than 2,000 square metres
Emergency Services Facility
1 per 50 square metres
Equestrian Facility
1 per 50 square metres plus 1 per 10
seats of viewing or grandstand area
Equipment Sales and Rental, Heavy
1 per 30 square metres of office area plus
1 per inventory vehicle
Equipment Sales and Rental, Light
1 per 30 square metres
Exhibition Grounds
1 per 50 square metres
Financial Service
1 per 30 square metres
Fishery
nil
Fleet Service
1 per 50 square metres plus
1 for each vehicle stored on -site
Forestry Use
nil
Funeral Service
10 plus 1 per 20 square metres
1 per 25 square metres of retail display,
Garden Centre
sales, and office area plus 1 per 100
square metres of warehouse
Garden Suite
1 per suite
General Contractor Service
1 per 50 square metres
Government or Utility Works Depot
1 per 50 square metres
less than 5,000 square metres:
Grocery Store
1 per 30 square metres
greater than 5,000 square metres:
1 per 25 square metres
Harbour Facility
1 per 50 square metres
Health and Fitness Facility
1 per 25 square metres
Health Services Laboratory
1 per 50 square metres
Heavy Industrial Use
1 per 100 square metres
2 per home occupation and
Home Occupation
nil for a permitted home occupation in
converted dwelling or multiple dwelling
Hospital
1 per 25 square metres
Part 4: General Provisions— Access, Parking, and Loading
211
Page 156
Hostel
Instructional Service
Kennel
Land for Public Purposes
Landfill
Landscape Material Supply
Library
Light Industrial Use
Marshalling Yard
Massage Parlour
Medical Clinic
Medium Industrial Use
Microbrew Pub
Minor Utility Service Building or Structure
Moving Services
Municipal Recreation Use
Outdoor Storage
Park or Playground
Personal Service
Pet Grooming
Pit
Place of Worship
Private Club
Public Display
Quarry
Recreational Facility
Recreational Vehicle Sales and Service,
Large
Recreational Vehicle Sales and Service,
Small
Recycling Facility
Redemption Centre
Rehabilitation Centre
Research and Development Facility
Restaurant
Retail Convenience
Part 4: General Provisions -- Access, Parking, and Loading
212
0.5 per guest room
1 per 25 square metres
1 per 35 square metres
nil
1 per 50 square metres
1 per 50 square metres
1 per 35 square metres
1 per 50 square metres
1 per 50 square metres
1 per 20 square metres
1 per 20 square metres
1 per 50 square metres
1 per 10 square metres
nil
1 per 50 square metres plus 1 for each
vehicle stored on -site
2 per 4,047 square metres of land
nil
2 per 4,047 square metres of land
1 per 30 square metres
1 per 30 square metres
1 per 50 square metres
1 per 10 square metres
1 per 20 square metres
nil
1 per 50 square metres
greater of 1 per 20 square metres of
gross floor area or 1 per 10 seats or 5 per
4,047 square metres of land
1 per 30 square metres plus 2 per service
bay and 1 per inventory vehicle
1 per 30 square metres plus 2 per service
bay and 1 per inventory vehicle
1 per 50 square metres
1 per 30 square metres
1 per 65 square metres
1 per 50 square metres
1 per 10 square metres
1 per 25 square metres
Page 157
Retail General
Retail Warehouse
Rooming House
Sales Centre, Model Home
School (K -8)
School (9-12)
Scrap or Salvage Yard
Self- Storage Facility
Service and Repair, Household
Service and Repair, Industrial
Service Station
Secondary Suite
Special Industrial Use
Sports and Entertainment Facility
Storm Water Management Pond
Supportive Facility
Supportive Housing
Technical or Vocational School
Telecommunication Tower
Towing Service
Transition Housing
Transportation Depot
Transit Terminal
Transportation Terminal
University or College
Utility Distribution Structure, Major
Vehicle Body and Paint Shop
Part 4: General Provisions — Access, Parking, and Loading
213
less than 5,000 square metres:
1 per 30 square metres
greater than 5,000 square metres:
1 per 25 square metres
less than 5,000 square metres:
1 per 30 square metres
greater than 5,000 square metres:
1 per 25 square metres
0.5 per room
1 per 30 square metres of sales office
1 per employee plus 1 per 20 square
metres of auditorium
1 per employee plus 1 per 35 students
and 1 per 20 square metres of
auditorium
1 per 50 square metres
1 per 50 square metres of office use
1 per 30 square metres
1 per 30 square metres plus 2 per service
bay and 1 per inventory vehicle
3 per service bay plus 1 per 50 square
metres
1 per suite
1 per 50 square metres
greater of 1 per 10 seats or 1 per 20
square metres
nil
0.5 per resident
1 per 3 residents
1 per 40 square metres plus 1 per 20
square metres of auditorium
nil
1 per 50 square metres
1 per 65 square metres
1 per 50 square metres
1 per 50 square metres
1 per 50 square metres
1 per 40 square metres plus 1 per 20
square metres auditorium
1 per 50 square metres
5 per service bay
Page 158
Vehicle Rental
Vehicle Repair Garage
Vehicle Sales and Leasing
Vehicle Sales, Incidental
Veterinary Clinic
Walking Trail
Warehouse Facility
Wastewater Treatment Facility
Water Treatment Facility
Other Use
per 30 square metres of office area plus
1 per inventory vehicle
3 per service bay plus 1 per 50 square
metres of additional floor area
1 per 30 square metres of office area plus
1 per inventory vehicle
1 per inventory vehicle
3 per practitioner
nil
1 per 200 square metres for first 2,000
square metres plus 1 per 500 square
metres more than 2,000 square metres
1 per 50 square metres
1 per 50 square metres
same as a listed use that has a sufficiently
similar parking expectation
(c) When there is more than one use involved with land or a building or a portion of a
building the number of on -site parking spaces required by this section is the cumulative
number of spaces required for each use.
(d) When more than 100 on -site parking spaces are required by this section the total
number of parking spaces that can be provided on the lot shall not exceed 125 percent
of the minimum requirement.
(e) Notwithstanding paragraph (d), a change of use involving a building or portion of a
building is permitted in accordance with paragraph (a).
4.2(1) PARKING EXCEPTIONS
(a) Nothing in this By -law shall require additional parking spaces for t. change of use
involving an existing building or portion thereof if the new or proposed use requires the
same or less parking spaces than the present use of the same building or portion
thereof.
(b) Nothing in this By -law shall require additional parking spaces for a change of use
involving an existing building or portion thereof on a lot located in the Uptown Parking
Exemption Area as defined by Schedule C of this By -law.
Part 4: General Provisions — Access, Parking, and Loading
214
Page 1 59
4.2(2) PARKING REDUCTION
Nothing in this By -law shall require more than 80 percent of the required number of parking
spaces for any development on a lot located in an Intensification Area as defined by Schedule D
of this By -law.
4,2(3) PARKING SPACE AND AISLE DIMENSIONS
Each on -site parking space shall have dimensions not less than the following:
.,y
Part 4: General Provisions— Access, Parking, and Loading Page 160
215
Parallel
30
45
60
90
Minimum
2.7 metres
2.7 metres
2.7 metres
2.7 metres
2.7 metres
Stall Width
Minimum
6.7 metres
5 metres
5.5 metres
5.5 metres
5.5 metres
Stall Depth
3.5 metres
Minimum
(one -way)
3.5 metres
4 metres
5.5 metres
6 metres
Aisle Width
6 metres
(two -way)
Minimum
2 metres
2 metres
2 metres
2 metres
2 metres
Height Clearance
Parallel Aarkinr
3, Parking
45° :Wking
.,y
Part 4: General Provisions— Access, Parking, and Loading Page 160
215
4.2(4) BARRIER FREE PARKING
;C (a) When five or more on -site parking spaces are required the following number of barrier
free parking spaces shall be included within the required number of parking spaces:
Minimum Number of
Minimum Number of Required
Required Parking Spaces
Barrier Free Parking Spaces
5 to 25
1
26 to 50
2
51 to 75
3
76 to 100
.1
101 to 150
5
151 to 200
6
For every additional 100 spaces or
portion thereof over 200
1
(b) Each barrier free parking space shall have a minimum width of 3.9 metres, a minimum
depth of 5.5 metres, and a minimum height clearance of 4.2 metres.
(c) A barrier free parking space shall be located within 30 metres of the building entrance it
serves and such entrance shall include a curb ramp.
(d) A barrier free parking space or group of adjoining barrier free parking spaces shall be
clearly identified by permanently affixed ground sign and asphalt markings.
4.2(S) PARKING LOT STANDARDS
(a) A parking lot involving five or more parking spaces located on a lot in the Primary
Development Area shall be developed and maintained with a paved surface enclosed
with permanent continuous cast -in -place concrete curbing and all parking spaces shall
be delineated by painted lines on the paved surface.
(b) A parking lot involving five or more parking spaces located on a lot outside of the
Primary Development Area shall be developed and maintained with a paved surface and
all parking spaces shall be delineated by painted lines on the paved surface.
(c) A parking lot involving less than five parking spaces shall be developed and maintained
with a crushed rock or gravel surface or paved surface.
(d) Nothing in this By -law shall require a parking space to be paved on a lot in an Industrial
zone when the parking space is located behind the main building line and is at least 30
metres from the nearest street line.
Part 4: General Provisions — Access, Parking, and Loading Page 161
216
(e) A parking lot involving five or more parking spaces shall include provision for the turning
of vehicles and such turning area shall be considered part of the parking lot.
(f) A parking lot involving 30 or more parking spaces shall include provision for safe
pedestrian movement to and from parking spaces and the main building or buildings on
the lot.
(g) A parking lot shall not have more than 30 parking spaces arranged in a row without
break by a vehicle driveway or landscaped pedestrian strip having a minimum width of
one metre.
(h) A parking lot involving 60 or more parking spaces shall include one or more landscaped
islands equal to one square metre for each parking space, and such island or islands
shall be landscaped in accordance with Part 6 and enclosed with permanent continuous
cast -in -place concrete curbing.
0) A parking lot shall not be provided in any landscaped area required by Part 6 or within:
W three metres of a side and rear lot line if the abutting lot is located in a
Residential zone and does not contain or permit a commercial use as defined by
the subsection 4.1(2); or
(ii) 1.5 metres of a side and rear lot line in all other cases.
(j) Nothing in this By -law shall prevent a parking lot for a Commercial Group or Dwelling
Group to be provided and maintained over the internal lot lines of the unified
development.
4.3 General Loading Provisions
(a) On -site loading spaces shall be provided and maintained in numbers no less than
indicated by this section on the same lot whenever land is used or a building or portion
of a building is erected, placed, altered, or used involving a freight or passenger
terminal, hospital, hotel, manufacturing, market, mortuary, store (department, retail, or
wholesale), storage, warehouse, or any other purpose involving the frequent loading,
shipping, or unloading of animals, goods, merchandise, persons, or wares.
Part 4: General Provisions — Access, Parking, and Loading Page 162
06�0
217
(b) For any purpose mentioned in paragraph (a), the following on -site loading spaces shall
be provided in the amounts indicated and such amounts are based upon the gross floor
area of the building where the use is located.
(c) Notwithstanding paragraph (b), a redemption centre containing up to 300 square
metres of gross floor area shall provide a minimum of one on -site loading space.
(d) Nothing in this By -law shall require additional loading space for a change of use
involving an existing building or portion of an existing building on a lot located in the
Uptown Parking Exemption Area as defined by Schedule C.
(e) Each on -site loading space shall have a minimum width of 3.5 metres, a minimum depth
of 15 metres, and a minimum height clearance of 4.2 metres.
(f) No loading space shall be located in the required front or flankage yard of the lot or be
located in any required yard abutting a lot in a Residential zone.
(g) All loading spaces shall be visually screened from a nearby street by a berm, building,
landscaping, solid fence, wall, or any other such structure.
(h) All loading spaces shall be developed in a manner to accommodate necessary vehicle
movements entirely on the lot without interfering with pedestrian or vehicular traffic on
an adjoining lot or street.
(i) Every loading space shall be developed and maintained in the same manner as required
by subsection 4.2(5) for a parking lot whether or not a parking lot exists on the lot
except that no curbing shall be required.
(j) Nothing in this By -law shall prevent a loading space for a Commercial Group to be
provided and maintained over the internal lot lines of the unified development.
Part 4: General Provisions — Access, Parking, and Loading Page 163 + .
218
Minimum Number of
Total Gross Floor Area
Loading Spaces Required
Up to 300 square metres
nil
301 to 2,000 square metres
1
2001 to 5,000 square metres
2
5001 to 9,000 square metres
3
For every additional
1 additional space
5,000 square metres or portion thereof
(c) Notwithstanding paragraph (b), a redemption centre containing up to 300 square
metres of gross floor area shall provide a minimum of one on -site loading space.
(d) Nothing in this By -law shall require additional loading space for a change of use
involving an existing building or portion of an existing building on a lot located in the
Uptown Parking Exemption Area as defined by Schedule C.
(e) Each on -site loading space shall have a minimum width of 3.5 metres, a minimum depth
of 15 metres, and a minimum height clearance of 4.2 metres.
(f) No loading space shall be located in the required front or flankage yard of the lot or be
located in any required yard abutting a lot in a Residential zone.
(g) All loading spaces shall be visually screened from a nearby street by a berm, building,
landscaping, solid fence, wall, or any other such structure.
(h) All loading spaces shall be developed in a manner to accommodate necessary vehicle
movements entirely on the lot without interfering with pedestrian or vehicular traffic on
an adjoining lot or street.
(i) Every loading space shall be developed and maintained in the same manner as required
by subsection 4.2(5) for a parking lot whether or not a parking lot exists on the lot
except that no curbing shall be required.
(j) Nothing in this By -law shall prevent a loading space for a Commercial Group to be
provided and maintained over the internal lot lines of the unified development.
Part 4: General Provisions — Access, Parking, and Loading Page 163 + .
218
4.4 Drive -Thru Facilities
(a) On -site queuing spaces for;, drive -thru facility shall be provided and maintained in
numbers no less than indicated by this section on the same lot when land is used, or a
building or portion of a building is erected, placed, altered, or used, in any Commercial
zone except as otherwise indicated in this By -law.
(b) The following on -site queue spaces shall be provided in the amounts indicated and such
amounts are based upon the type of use involved.
Use
Auto Service
Car Wash, Automatic
Car Wash, Self -Serve
Restaurant, Fast Food
Financial Institution
Pharmacy
Other
Minimum Number of
Queue Spaces Required
2 inbound for each service bay
5 inbound
2 for each car wash stall
14 inbound for each service window and
1 outbound for each service window
4 inbound for each service window
3 inbound for each service window
same as a listed use that has a sufficiently
similar queuing expectation
(c) All queuing spaces shall be dedicated to queued vehicles and shall not interfere with any
pedestrian and other vehicular movement on the lot including an access, building
entrance, driveway, fire lane, loading space, pedestrian lane, parking aisle, or parking
space.
(d) Each queuing space shall have a minimum width of three metres, a minimum depth of
six metres, and a minimum height clearance of 4.2 metres.
(e) No queuing space shall be constructed, installed, or used closer to a lot line than:
(i) three metres of a side and rear lot line if the abutting lot is located in a
Residential zone and does not contain or permit a commercial use as defined by
the subsection 4.1(2); or
(ii) 1.5 metres of a side and rear lot line in all other cases.
fa�7: j
Part 4: General Provisions— Access, Parking, and Loading Page 164
219
(f) No queuing space shall be located between an access and building on a lot or between a
parking lot and building entrance that would interfere with pedestrian movement.
(g) Every queuing space shall be located within a parking lot developed in accordance with
subsection 4.2(5) or developed and maintained in the same manner if located outside of
such a parking lot.
(h) Nothing in this By -law shall prevent a queuing space for a Commercial Group to be
provided and maintained over the internal lot lines of the unified development.
4.5 Bicycle Parking
$! (a) On -site bicycle parking spaces shall be provided and maintained in numbers no less than
indicated by this section on the same lot.
(b) Bicycle parking spaces shall be required for any development proposing 12 or more new
dwelling units and or any non- residential development proposing a gross floor area of
5,000 square metres or more.
(c) Notwithstanding paragraph (b), nothing in this By -law shall require bicycle parking
spaces for any development on a lot in the Uptown Parking Exemption Area as defined
by Schedule C.
(d) Subject to paragraph (e), bicycle parking spaces for a development mentioned in
paragraph (b) shall be provided in the following manner:
W A minimum of 0.3 bicycle parking spaces for each dwelling unit; and
(ii) A minimum of two bicycle parking spaces or seven percent of the required
number of vehicular parking spaces required for the non - residential
development, whichever is greater.
(e) Notwithstanding paragraph 2.6(d), where a fraction of a bicycle parking space is
required such fraction shall be considered one parking space for the purposes of
calculating the total number of required bicycle parking spaces for this section.
(f) Bicycle parking spaces shall be provided as a rack or storage locker in accordance with
the following requirements:
Part 4: General Provisions — Access, Parking, and Loading Page 165
220
(i) A bicycle rack or storage locker shall be securely anchored to concrete, asphalt,
or other similar hard surface on the ground, or be anchored to a structure
permanently affixed to the ground or a building and such rack or locker shall
allow the bicycle frame to be locked;
(ii) Bicycle parking spaces shall have a minimum depth of three metres and shall be
clearly marked or delineated on the pavement when located within or abutting
a vehicle parking lot;
(iii) Required bicycle parking spaces shall be provided within 15 metres of a building
entrance it serves; and
(iv) Bicycle parking spaces shall not encroach upon, or be encroached upon by, a
walkway or sidewalk, access or driveway, parking aisle or other vehicular
circulation lane, or service lane to a loading area.
(g) Notwithstanding Parts 5 & 6 of this By -law, bicycle parking spaces shall be permitted in
any required front or flankage yard provided the parking spaces are within 1.5 metres of
the building it serves.
(h) Nothing in this By -law shall prevent bicycle parking spaces for a Commercial Group or
Dwelling Group to be provided and maintained over the internal lot lines of the unified
development.
Part 4: General Provisions — Access, Parking, and Loading
221
Page 166
222
Title, Scope, Interpre-tats o-11, and Repea!
Zones and Adn-LMictration
D e f i n �it- i o n's'
General Pry )vlfslzns: Pkccess, Parking, and Loading
General Provisions: Accessory Buildings and Structures
Cieneiai Provisions-, Landscaping
General Provisions: S!,e
_,nc�
10--
Genercal ProvisionE: Other Standards
General Provisions: Uses Permitted in Multiple Zones.
Residential Zones
Commercial zones-
QD Industrial Zones
C�--D Co m m u n ity Facility Zones
Ct�ter ?-ones,
5 c h ed u I es,
223
5
9
224
5 General Provisions: Accessory Buildings and Structures
5.1 General Accessory Buildings and Structures Provisions
(a) Except as otherwise provided by this By -law, any lot containing a main building,
structure, or use may also contain one or more accessory buildings or structures subject
to the requirements of this Part.
(b) Except as otherwise provided by this By -law, an accessory building or structure shall not
be erected or placed in the required front or flankage yard of a main building or
structure, except for a gatehouse on a lot zoned Industrial not exceeding one storey in
height and 95 square metres in ground floor area.
(c) Except as otherwise provided by this By -law, an ..,
accessory building or structure shall not be erected,
placed, or altered unless in conformity with the
following:
Minimum Side Yard:
RU zone S metres;
RS and RR zones 6 metres;
Commercial and Industrial zones 3 metres;
All other zones 3 metres if more than 70 square metres
in ground floor area, or
1 metre if less than 70
square metres in ground floor area.
Minimum Rear Yard:
RU zone 8 metres;
RS and RR zones 6 metres;
Commercial and Industrial zones 3 metres;
Part 5: General Provisions — Accessory Buildings and Structures
225
Page 167
All other zones
Maximum Cumulative Ground Floor Area:
Notwithstanding any lot occupancy
standard in a Residential, P, or RU
zone, the greater of:
All other zones
Maximum Height:
RC, RH, RM, RL, R2, R1, and RP zones
All other zones
5.2 Fences
3 metres if more than 70 square metres
in ground floor area, or
1 metre if less than 70 square metres in
ground floor area.
70 square metres, or
6.5 percent of the lot area, but in no case
shall an individual accessory building or
structure shall exceed a maximum
ground floor area of 120 square metres;
limited by the lot occupancy standard
for that zone.
6 metres;
8 metres.
A fence is permitted in any yard in any zone subject to the following:
(a) A fence in any Residential zone shall not exceed a maximum height of one metre in a
front or flankage yard or two metres in any other yard;
(b) A fence in any non - residential zone shall not exceed a maximum one metre in any front
or flankage yard, except for a chain -link fence without filler strips, but in no case shall a
fence in any non - residential zone exceed a maximum height of 2.5 metres in any yard;
and
(c) A fence shall not be constructed of barbed wire or have at the top barbed wire, broken
glass or other pointed object, except for a fence in conjunction with a permitted use in
an Industrial zone.
Part 5: General Provisions — Accessory Buildings and Structures Page 168 e
226
5.3 Fences Associated with Parking Lots
Except as otherwise provided by this By -law, when a parking lot for more than five vehicles is
developed within 15 metres of an abutting lot in a Residential zone, the parking lot shall be
screened from the abutting lot in accordance with the following:
(a) A solid board -on -board fence or a chain -link fence entirely covered by filler strips woven
into the mesh or a walled structure or a berm, or any combination thereof, shall be
installed and maintained;
(b) The screening required by paragraph (a) shall have a minimum height of one metre; and
(c) Notwithstanding the above, the parking lot may instead be screened in accordance with
paragraph 6.16), or by any combination of permitted structures, berms, and
landscaping.
5.4 Garbage Enclosures
Except as otherwise provided by this By -law, when outdoor storage of garbage is developed on
lot in any zone involving a building with five or more dwelling units, the storage of garbage shall
be in accordance with the following:
(a) The enclosure shall be completely surrounded by a wooden fence or a chain -link fence
entirely covered by filler strips woven into the mesh or a walled structure, or any
combination thereof, which may also include a gate;
(b) The enclosure required by paragraph (a), including any gate, shall have a minimum
height of 1.5 metres, but in no case shall garbage be higher than the enclosure; and
(c) The enclosure shall not occupy any required front or flankage yard or any area required
for amenity or parking.
5.5 Outdoor Storage
outdoor storage shall not be permitted in any zone except as otherwise provided by this By -law,
and when outdoor storage is permitted and developed within 15 metres of an abutting lot in a
Residential zone the outdoor storage shall be in accordance with the following:
(a) The storage area shall be completely enclosed by a wooden fence or a chain -link fence
entirely covered by filler strips woven into the mesh or a walled structure or a berm, or
any combination thereof, which may also include a gate;
Part 5: General Provisions — Accessory Buildings and Structures
227
Page 169
(b) The enclosure required by paragraph (a), including any gate, shall have a height of two
metres when located in a Residential zone and 2.5 metres when located in any other
zone, but in no case shall storage be higher than the enclosure;
(c) The enclosure shall not occupy any required yard or any area required for amenity or
parking; and
(d) Notwithstanding the above, an outdoor storage area may instead be enclosed with
landscaping in accordance with paragraph 6.1(k) or by any combination of permitted
structures, berms, and landscaping.
5.6 Swimming Pools
Notwithstanding anything else in this By -law, an outdoor swimming pool is permitted in any
zone subject to the following requirements:
(a) The use of the pool shall be accessory to the principal use of the lot;
(b) The pool shall not be in a flankage, front, or side yard in a Residential zone or in a
required flankage, front, or side yard in any other zone;
(c) The pool shall not be closer than two metres from any lot line;
(d) The pool shall be enclosed by a fence or a combination of a fence and another
permanent structure that prevents access to the pool from an abutting lot or
street;
(e) The pool enclosure required in paragraph (d) shall:
(i) Completely enclose the entire swimming pool;
(ii) Create a barrier that is at least 1.5 metres in height when measured from the
ground to the top of the fence, gate, or structure; and
(iii) Have no opening greater than 10 centimetres in any part of the barrier required
by subparagraph (ii);
(f) The pool shall only be accessible by:
{i) A self - closing and self - latching gate that is a minimum of 1.5 metres in height;
Part 5: General Provisions — Accessory Buildings and Structures Page 170 ,1
228
(ii) A main building or structure enclosing the entire pool provided the main
building or structure satisfies the requirements of paragraph (e) and does not
allow unobstructed access to the pool;
(iii) An accessory building or structure enclosing the entire pool provided the
accessory building or structure satisfies the requirements of paragraph (e) and
does not allow unobstructed access to the pool; or
(iv) Any combination of the above.
5.7 Group Accessory Buildings and Structures
Nothing in this By -law shall prevent any accessory building or structure for a Commercial Group
or Dwelling Group to be provided and maintained over the internal lot lines of the unified
development.
Part 5. General Provisions — Accessory Buildings and Structures page 171 y
229
2 30
Tide,, 5,cupe, I nterpreta Cora, a,nd e -, r:P N
Zones and Administration 2. �.
t
r
General Access Pzrrking, Ca nd taad irq cam.
General Provisions; Accessory Buildlings and Structures 5 �.,
General Provisions: Landscaping 6.
Ger feral provisions: Sans `
t] ' . r 0
Gen%er-a. rovisicns: Other Standards F -7
I
General Provisions: Use+ �aermltted in Multiple Zone! S
Residential Zones 10 V L
nt, Commercial Zonal, }
1
Industrial Zones 1� �' F
F_
COMMur &), Facility Zone: 1.3
+7-
Schedules
231
232
6 General Provisions: Landscaping and Amenity Space
6.1 General Landscaping Provisions
(a) landscaping shall be provided and maintained as indicated in this Part whenever a
development involving a main building or structure is undertaken on a lot.
(b) Unless otherwise indicated in this By -law, required landscaping shall be extended into
an abutting street right -of -way from the lot to a sidewalk, curb, ditch, or the edge of the
street surface if there is no such feature.
(c) All required landscaping shall be completed within one year from the permit approval
date by the Development Officer for the development and when no permit was issued
than all required landscaping shall be completed within one year from the
commencement of the development.
(d) Nothing in this By -law shall prevent a driveway or walkway from being in any yard,
required or otherwise.
(e) In a Residential zone the following areas shall be landscaped:
(i) All required front and flankage yards; and
(ii) All other areas not occupied by a building, structure, parking area, driveway,
walkway, or amenity space.
Part 6: General Provisions — landscaping and Amenity Space page 172
233
(fj In a Commercial zone the following areas shall be landscaped:
(i) All required front and flankage yards;
(ii) All required yards that abut a lot in a Residential or Community Facility zone;
and
NO All other areas not occupied by a building, structure, parking area, driveway,
walkway, or amenity space.
(g) In an Industrial zone the following areas shall be landscaped:
(i) The first 7.5 metres of all required front and flankage yards from the street; and
(ii) All required yards that abut a lot in a Residential, Commercial, or Community
Facility zone.
(h) In a Community Facility zone the following areas shall be landscaped:
(i) All required front and flankage yards;
(ii) All required yards that abut a lot in a Residential or Commercial zone; and
(iii) All other areas not occupied by a building, structure, parking area, driveway,
walkway, or amenity space.
(i) In the FD and RU zones the following areas shall be landscaped:
(i) All required front and flankage yards; and
(ii) All required yards that abut a lot in a Residential, Commercial, or Community
Facility zone.
(j) Except as otherwise provided by this By -law, when a parking lot for more than five
vehicles is developed within 15 metres of an abutting lot in a Residential zone, the
parking lot shall be screened in the direction of the abutting lot in accordance with the
following:
(i) Coniferous trees or hedges, or any combination thereof, shall be planted and
maintained in order to create a vegetation screen having a minimum depth of
1.5 metres;
Part 6: General Provisions -- Landscaping and Amenity Space Page 173
234
(ii) The screen required by subparagraph (i) shall have J minimum height at the
time of planting of one metre and be in accordance with paragraph 6.2(d); and
(iii) Notwithstanding the above, the parking lot may instead be screened in
accordance with section 5.3, or by any combination of permitted landscaping,
structures or berms.
(k) Except as otherwise provided by this By -law, when outdoor storage is developed within
15 metres of an abutting lot in a Residential zone, the outdoor storage shall be in
accordance with the following:
(i) Excluding an opening no greater than 1.5 metres in width that is not oriented
toward a street, coniferous trees or hedges, or any combination thereof, shall
be planted and maintained in order to create a perimeter of vegetation having a
minimum depth of 1.5 metres completely around the storage area;
(ii) -he vegetation perimeter required by subparagraph (i) shall have a minimum
height at the time of planting of two metres when located in a Residential zone
or 2.5 metres when located in any other zone and be in accordance with
paragraph 6.2(d); and
(iii) Notwithstanding the above, the outdoor storage area may instead be enclosed
in accordance with section 5.5, or by any combination of permitted landscaping,
structures or berms.
(1) Nothing in this By -law shall prevent landscaping for a Commercial Group or Dwelling
Group to be provided and maintained over the internal lot lines of the unified
development.
6.2 Landscaping Standards
(a) All vegetation in this section shall be of a species capable of healthy growth in New
Brunswick.
(b) Any required landscaping involving a lawn shall consist of topsoil spread over the
ground to a minimum depth of 10 centimetres after compaction and the seeding or
sodding thereof.
(c) Subject to paragraph (i), any required landscaping of a required front or flankage yard in
a Commercial, Industrial, or Community Facility zone shall include the planting of one
—. .R�
Part 6: General Provisions— Landscaping and Amenity Space Page 174
235
tree or shrub for every 45 square metres of required yard provided at least 50 percent
of the required plants are trees.
(d) Any landscaping required for screening purposes shall include either a coniferous hedge
or the planting of at least two separate rows of larger coniferous trees where each row
is offset from the other row in a manner that obscures visibility through the two rows of
trees, provided such coniferous hedge or trees do not exceed the maximum height
allowed for a fence located in the same zone.
(e) At the time of planting the minimum size for a deciduous tree used in required
landscaping shall be:
(i) 4.5- centimetre calliper for a smaller deciduous tree or flowering ornamental
tree measured at 1.5 metres above the ground; and
(ii) 5- centimetre calliper for a larger deciduous tree measured at 2 metres above
the ground.
(f) At the time of planting the minimum size for a coniferous tree used in required
landscaping shall be:
(i) 1.5 metres of height for a smaller coniferous tree measured at 1.5 metres above
the ground; and
(ii) two metres of height for a larger coniferous tree measured at 2 metres above
the ground.
(g) The mixture of trees at the time of planting used in required landscaping shall be
equivalent to a minimum of 50 percent larger trees and a minimum of 25 percent
coniferous trees.
(h) At the time of planting the minimum height or spread of any shrub used in required
landscaping shall be 60 centimetres.
(i) Notwithstanding paragraph 2.6(d), where a fraction of a tree or shrub is required such
fraction shall be considered one whole plant for the purposes of calculating the total
number of required plants for this section.
Part 6: General Provisions — Landscaping and Amenity Space
236
_. goill Pagel 75
6.3 Amenity Space
(a) Subject to this section, a total amenity space having a minimum area based upon five
square metres for each dwelling unit shall be provided and maintained on a lot for any
development involving more than six dwelling units.
(b) Amenity space may be provided outside or inside a building, used privately or in
common, or any combination thereof.
(c) When outdoor landscaping or an indoor area is provided as required common amenity
space it shall have no dimension less than six metres.
(d) Nothing in this By -law shall prevent amenity space for a Commercial Group or Dwelling
Group to be provided and maintained over the internal lot lines of the unified
development.
Part 6: General Provisions— Landscaping and Amenity Space
237
Page 176
23
Titie, Scope, fn.tr;,i-pretafion,, and Repeal
Zones and Administri-altion
xrt:tF
- . :W
tnemc-.o,rcal Provisionc.: At-Icesc. Parking, and Loading 4
Q ib-z
General Prc%I,fsicns: Amesscry Buildings and Strucivres 5
General Provisions: Landscaping G
General Provisions: Signs 7
Genera( Frcv1sions: Other Standards F -.7"
General Provicioil-ts: Uses Permitted in NAuitiple Zones
Residential Zones 10
Commercial Zones
Industrial Zones 12-
Community Facility Zones 13;
c h e6 ul' c-.c
239
24 0
7 General Provisions: Signs
7,1 General Sign Provisions
(a) No sign may be placed, erected, or displayed on any land, building, or structure except
in conformity with this Part, but any sign located within the limits of a public street
right -of -way is not subject to this By -law.
(b) Except as otherwise provided by this By -law, the number of permitted signs shall be
limited to the following:
(i) One or more ground signs provided the total
sign face area does not exceed the maximum
sign face area standard for the zone, but no
ground sign shall be permitted when there is a
roof sign;
fj I`
(ii) One or more wall signs provided the total sign face area does not exceed the
maximum sign face area standard for the zone, but no wall sign shall be
permitted when there is a projecting wall sign or painted wall sign;
(iii) One projecting wall sign provided the total sign face area does not exceed the
maximum sign face area standard for the zone, but no projecting wall sign shall
be permitted when there is a wall sign or
painted wall sign;
li
(iv) One roof sign provided the total sign face area
does not exceed the maximum sign face area
standard for the zone, but no roof sign shall '.
be permitted when there is a ground sign;
(v) One painted wall sign provided the total sign face area does not exceed the
maximum sign face area standard for the zone, but no painted wall sign shall be
permitted when there is a wall sign or projecting wall sign; and
(vi) In addition to the above signs, all other signs permitted by this Part may also be
placed, erected, or displayed provided such signs are in accordance with the
provisions of this By -law.
Part 7: General Provisions— Signs Page 177 f4
241
(c) Every face of a sign shall be considered a separate sign area for the purposes of this
Part.
(d) Except as otherwise provided by this By -law, a permitted sign may be non - illuminated or
illuminated, but illumination shall not be intermittent.
(e) Nothing in this By -law shall prevent a sign for a Commercial Group or Dwelling Group to
be erected and maintained over the internal lot lines of the unified development.
7.2 Sign Permit Approval
(a) Except as otherwise provided by this By -law, no person shall erect, display, alter, or
relocate a sign without first obtaining a permit in accordance with section 2.11 that has
been approved by the Development Officer and no permit shall be approved by the
Development Officer unless the sign complies with the provisions of this Part.
(b) Notwithstanding paragraph (a), no permit approval by the Development Officer shall be
required for the change of sign copy of a sign, provided the sign copy area is not
increased and does not become a third -party sign unless permitted by this By -law.
7.3 Signs Permitted in All Zones
Notwithstanding any other provision of this By -law except for section 7.4, the following signs
shall be permitted in any zone and without requiring a permit:
(a) A real estate sign provided the total sign face area does not exceed two square metres
when located on a lot in a Residential zone or three square metres when located on a
lot in any other zone;
(b) A sign associated with a special event or a public election provided the sign does not
exceed three square metres in total sign face area and is removed within seven days
after the event or election;
(c) A directional sign provided:
(i) There shall be a maximum of one directional sign for each entrance, exit, and
drive -thru lane;
(ii) Except for a logo, the sign shall be limited to the sole purpose of directing
vehicles or pedestrians to an access or driveway on the lot;
(iii) The sign shall not exceed a maximum total sign face area of 0.5 square metres;
Part 7: General Provisions — Signs page 1 78 ;L
242
(iv) The sign shall not exceed a maximum height of 1.5 metres; and
(v) The sign shall have a minimum setback of two metres from a front, flankage, or
side lot line and a minimum setback of one metre from the edge of the
pavement or painted lane of an access or driveway;
(d) A point -of- purchase sign;
(e) An entrance identification sign;
(f) A public welfare or safety sign authorized by The City of Saint John, including, but not
limited to, a directional or traffic sign outside of a public street right -of -way;
(g) A traffic control device as defined by the Motor Vehicle Act outside of a public street
right -of -way;
(h) A sign identifying a hazard or danger on a lot or premise;
W A memorial or foundation sign on a building;
(j) A sign that identifies the address of a residence or the name of the resident provided
the sign does not exceed 0.5 square metres in total sign face area;
(k) A sign regulating the conduct of a person on a lot or premise provided the sign does not
exceed 0.5 square metres in total sign face area;
(1) A flag, banner, or emblem representing a country, province, municipality, or non - profit
organization;
(m) A public transit sign; or
(n) A sign affixed to a licensed taxicab.
7.4 Signs Prohibited in All Zones
Except as otherwise provided by this By -law, no person shall erect a sign that does not comply
with the following:
(a) A sign placed upon the ground shall not be
temporary but be permanently affixed to the
ground, a building, or structure (i.e., temporary or
mobile sign);_,
Part 7: General Provisions — Signs
243
Page ( 79 \l •'
(b) A sign shall not advertise an activity, business, product or service no longer conducted
on the lot or premise where the sign is located (i.e., third -party or billboard sign)
(c) A sign shall not be intermittently illuminated, except for an electronic sign subject to
subsection 7.10(2);
(d) A sign shall not be attached on top of the roof cornice of a building (i.e., roof sign);
(e) A sign shall not be painted upon or on top of a wall (i.e., painted wall sign);
(f) A sign, other than a traffic control device as defined by the Motor Vehicle Act, shall not
use words such as "Stop," "Look," "Danger," "One Way," or "Yield," or any similar word,
phase, symbol, light, or character used in a manner which may mislead, confuse, or
otherwise interfere with traffic along a public street;
(g) A sign shall not create a hazard to public safety or health;
(h) A sign shall not incorporate a searchlight, strobe light, or resemble the flashing,
intermittent, or scintillating motion of lights usually associated with danger or those
used by police, fire, ambulance, and other emergency vehicles;
0) A sign shall not obstruct the vision of motorists exiting a lot or detract from the visibility
or effectiveness of any traffic sign or control device along a public street;
(j) A sign shall not obstruct free ingress to or egress from a fire escape, door, window, or
other required exit;
(k) A sign shall not occupy any portion of a required parking, loading, or amenity space;
(1) Except as provided for in this Part, a sign shall not project over or onto any part of a
public street right -of -way, sidewalk, or walkway; or
(m) Except when situated on a lot in a Commercial or Industrial zone, a sign shall not be
attached or located on or within a vehicle or trailer that is visible from a public street.
Part 7: General Provisions — Signs -_ page 180 (Drlli�
244
7.5 Billboard Signs
A billboard sign may be placed, erected, or displayed subject to the following requirements:
(a) A billboard sign shall only be permitted in a CC, CR, IL, IM, lH, PQ, or RU zone;
(b) A billboard sign shall not exceed a sign face having a length greater than 10 metres or a
height greater than four metres;
(c) A billboard sign shall not be located in any required front, flankage, side, or rear yard;
(d) A billboard sign shall not be located closer than 300 metres from any other billboard
sign, except two billboards may be located together as a unit if the total sign face length
does not exceed 15 metres;
(e) Notwithstanding paragraph (b), the sign face of a billboard may be increased to a
maximum height of six metres provided the width does not exceed four metres in the
case of a single panel or eight metres in the case of two panels located together as a
unit; and
(f) A billboard sign shall not be placed, erected, or displayed within 100 metres of and
oriented towards the Provincial Highway Nos. 1 or 7 but excluding their access ramps.
7.6 Awning Signs
An awning sign may be placed, erected, or displayed subject to the following requirements:
(a) An awning sign shall only be permitted in a Commercial, Industrial, or Community
Facility zone;
(b) An awning sign shall be attached to or painted or placed upon an awning, canopy, or
marquee of a building;
- . — _ -�=�; _ • ��: ;dew
(c) An awning sign shall be permitted on -- -
a maximum of two sides of a building
below the level of the second floor
windows;
(d) When projecting over a sidewalk or
walkway an awning sign shall have a i .r
f
minimum clearance of 2.5 metres
above the sidewalk or walkway; and
Part 7: General Provisions — Signs page (81 0�4
245
(e) When projecting over a sidewalk or walkway an awning sign shall have a maximum
projection of one metre.
7.7 Ground Signs
A ground sign may be placed, erected, or displayed subject to the following requirements:
(a) A ground sign shall only be permitted in the following zones with the following
maximum sign face areas:
(1) Home Day Care, Home Occupation, 0.5 square metres for each face
or Supportive Housing
6 square metres for each face
(6) CBP, CG, CM, CAE, and CRG zones
12 square metre total of all faces
7.5 square metres for each face
(7) CU, CW, and CRC zones
15 square metre total of all faces
(S) CC zone 11 square metres for each face
Part 7: General Provisions — Signs gage 182 4�
246
1
square metre total of all faces
(2)
Crisis Care Facility, Day Care
1
square metre for each face
Neighbourhood, Rooming House, or
Supportive Facility
2
square metres total of all faces
(3)
Bed and Breakfast or the following in
1.5
square metres for each face
a RH zone: Day Care Centre,
Convenience Retail, Health and
Fitness Facility, Medical Clinic,
3
square metres total of all faces
Personal Service, or Restaurant
0.25
square metres for each face
(4)
Other
Commercial r
0.5
square metres total of all faces
(5)
CL zone
3
square metres for each face
6
square metre total of all faces
6 square metres for each face
(6) CBP, CG, CM, CAE, and CRG zones
12 square metre total of all faces
7.5 square metres for each face
(7) CU, CW, and CRC zones
15 square metre total of all faces
(S) CC zone 11 square metres for each face
Part 7: General Provisions — Signs gage 182 4�
246
(9) CR zone
I'ndulstri alI
22 square metre total of all faces
19 square metres for each face
38 square metre total of all faces
11 square metres for each face
(10) IL, IM, IH, PQ, T, and US zones
Community 22 square metre total of all Facility faces
,�`!,i
--
5 square metres for each face
(11) CFN zone
10 square metre total of all faces
(12) CFM zone
Other
(13) P, EP, and RU zones
7.5 square metres for each face
15 square metre total of all faces
square metres for each face
3 for each main non - residential
use, building, or structure
square metre total of all faces
6 for each main non - residential
use, building, or structure;
(b) All ground signs shall be located no closer to = street
line than the lesser of:
7
(i) Three metres; or
(ii) The required front or flankage yard
for the zone; and
(iii) No closer to a side or rear lot line than 1.5 metres; and
Part 7: General Provisions — Signs
247
Page 183
(c) The height of a ground sign shall not exceed the maximum height permitted in the zone
where the sign is located.
7.8 Projecting Wall Signs
A projecting wall sign may be placed, erected, or displayed in a Commercial, Industrial, or
Community Facility zone subject to the following requirements:
(a) The projecting wall sign shall not
exceed a total sign face area of four
square metres in the CU and CW
zones or six square metres in all other
permitted zones;
(b) The sign shall not project more than
2.5 metres from the main wall of the
building; and
i -
(c) The projecting wall sign shall have a minimum clearance of 2.5 metres above the grade.
7.9 Wall Signs
A wall sign may be placed, erected, or displayed subject to the following requirements:
(a) A wall sign shall only be permitted in the following zones having the following
maximum sign face areas:
a
(1) Home Day Care, Home Occupation, 0.5 square metres
or Supportive Housing
(2) Crisis Care Facility, Day Care
Neighbourhood, Rooming House, or 1 square metre
Supportive Facility
(3) Bed and Breakfast or the following in
a RH zone: Day Care Centre,
Convenience Retail, Health and 1.5 square metres
Fitness Facility, Medical Clinic,
Personal Service, or Restaurant
(4) Other 0.25 square metres
Part 7: General Provisions — Signs Page 184 0�i
NM
(5) CL zone
(6) CBP, CC, CG, CM, CAE, and CRG zones
(7) CR zone
0.4 square metres per metre of lot
frontage
0.7 square metres per metre of lot
frontage
square metres per metre of
0.7 occupied building frontage for
every business with an
external public entrance
square metre per metre of
occupied building frontage for
(8J CU, CW, and CRC zones 1 every business with an
external public entrance
square metres per metre of lot
IL, IM, IN, F'C�, T, and US tones 0•7 metres
frontage
! Q
square metres per metre of lot
(1QJ CFN and CFM zones 0'E' frontage
(11) P, EP, and RU Zones 0.5
(b) A wall sign shall be parallel to the wall to
which it is attached;
(c) A wall sign shall not extend beyond the
extremities of the wall upon which it is placed;
(d) A wall sign shall not cover a fence or roof;
square metres per metre of lot
frontage for each main non-
residential use, building, or
structure
(e) When located on a lot not in a Residential zone a wall sign shall not be placed on a
building wall that is oriented towards the side or rear yard facing an adjacent lot in a
Residential zone; and
Part 7: General Provisions — Signs
249
Page 185
(f) A sign located in the CAE zone shall not be illuminated intermittently or incorporate any
type of flashing lights.
7.10 Other Signs
7.10(1) CONSTRUCTION SIGNS
Except for section 7.4, nothing in this By -law shall prevent the placement, erection, or display of
a construction sign having a maximum total sign face area of 28 square metres in any zone
subject to the following requirements:
(a) The construction sign shall only identify the architects, engineers, contractors, or other
individuals or firms associated with a development occurring on the same lot, or an
announcement concerning a proposed development to occur on the same lot;
(b) The construction sign shall not advertise any product or service; and
(c) The construction sign shall be removed within 14 days after completion of the work.
7.10(2) ELECTRONIC MESSAGE BOARD SIGNS
Notwithstanding paragraph 7.4(c), an electronic message board sign with a maximum total sign
face area of 3.5 square metres may be placed, erected, or displayed in a Community Facility,
Industrial, or Commercial zone other than a CL zone, subject to the following requirements:
(a) Only one electronic message board sign shall be permitted for each lot;
(b) Messages shall be limited to static images displayed for at least ten seconds;
(c) Messages transitions shall not be animated, flash, or scroll; and
(d) The maximum brightness of the electronic message board sign shall be 5,000 nits during
daytime and 500 nits during nighttime.
7.10(3) HOME OCCUPATION SIGNS
A home occupation shall be limited to a maximum of one sign.
7.10i4 NEIGHBOURHOOD IDENTIFICATION SIGNS
Except for section 7.4, nothing in this By -law shall prevent the placement, erection, or display of
a neighbourhood identification sign in any zone subject to the following requirements:
(a) There shall be a limit of one neighbourhood identification sign for each entrance into
the neighbourhood or subdivision;
Part 7: General Provisions —Signs
250
Page 86 i I ���'Q
(b) The message of the neighbourhood identification sign shall be limited to identifying the
name of the neighbourhood or subdivision where it is situated;
(c) Unless authorized by The City of Saint John, the neighbourhood identification sign shall
not be located on a parcel of land owned by The City of Saint John;
(d) The neighbourhood identification sign shall have a maximum total sign face area of
three square metres and a maximum height of two metres; and
(e) The neighbourhood identification sign shall not be lighted from within the sign
structure.
7.10(5) Residence Signs
Except for section 7.4, nothing in this By -law shall prevent the placement, erection, or display of
a sign with respect to the identification of a multiple dwelling, townhouse dwelling, or cluster
townhouse dwelling containing more than six dwelling units subject to the following
requirements:
(a) There shall be a limit of one residence sign for each building;
(b) The message of the sign shall be limited to the identification of the residence where it is
located;
(c) In the case of a ground sign, the residence sign shall be located no closer than two
metres from a front, flankage, or side lot line;
(d) The sign shall have a maximum total sign face area of 1.5 square metres and a maximum
height of two metres; and
(e) The sign shall not be lighted from within the sign structure.
7.10(6) TRINITY ROYAL PRESERVATION AREA SIGNS
Notwithstanding section 7.4, the following signs may be placed, erected, or displayed on a lot in
a Commercial zone that is within the Trinity Royal Preservation Area subject to the following
requirements:
(a) A total of one roof sign having a maximum area of one square metre for each metre of
lot frontage; or
(b) A total of one painted wall sign not exceeding fifty percent of the visible wall.
Part 7: General Provisions — Signs
251
Page 187
252
253
I'itle, "Scope., Interpret,ati.-n., and Repeal
Znn,.=.s and Adminisfucation
2-
D e fir't � o n s
3
General
Provisions: Access, Pat-king, and Loadirig
General Provisic,nos: A-Ccessory Buildings and.5tructurcas
5
-;
tzenerat Provisions: Lanasump!ng
6,
General Provisions: Signs
i
Q'I
General Provisions: Other Standards
8
R
General Provisions:
Uses Fermitied in Multiplye Tones
9
Raisidential Zories
10,
- oft -rievziai Zones
,.o rn i
11
mdustrial Zones,
2,�.
�.olrnmvnft y PCacllity 7.0fles
Other Zones
'144
253
254
8.1
General Provisions: Other Standards
Building and Structure Projections
Nothing in this By -law shall prevent the following:
(a) An air conditioning, heat pump unit, or solar
collector in any required yard;
(b) A balcony, deck, or veranda that does not
project more than two metres into a required
flankage, front, or rear yard;
(c) A cantilevered floor that does not project more than two metres into a required
flankage, front, or rear yard, or that does not project more than one metre into a
required side yard;
(d) A canopy, chimney, cornice, eave, flue, gutter, pilaster, roof overhang, sill, smoke stack,
or other such architectural feature that does not project more than one metre into any
required yard;
(e) A door or window awning that does not project more than 1.2 metres into any required
ya rd;
(f) A fire escape or exterior staircase, with or without a balcony, that does not project more
than two metres in any required flankage, front, or rear yard;
(g) A fire escape or exterior staircase required under the Saint John Minimum Property
Standards By -law that projects into any required yard;
(h) An ornamental planting, retaining wall or other similar landscaping in any required yard;
(i) A personal mobility lift or wheelchair ramp that projects into any required yard; or
(j) A step that only provides access to the first storey level of a building or structure in any
required yard.
Part 8: General Provisions — Other Standards
255
Page 188
8.2 Distance to Public Water Supply
Notwithstanding anything else in this By -law, no development can occur within 150 metres of
the shore of any lake, river, stream, or other body of water that is a source of public water
supply.
8.3 Exception Respecting Lot Areas
Notwithstanding anything else in this By -law not more than one -half of the area of a right -of-
way for an overhead power transmission line, but not including a local distribution line, shall be
considered a part of the lot over which it crosses for the purpose of any lot area required by this
By -law.
8.4 Exceptions Respecting Yards
(a)
M
Notwithstanding anything else in this By -law except for the front and flankage yard
requirements in the RC zone, a main building may be erected, placed, or altered so that
it is as close to the street line as:
(i) Where there are main buildings within
30 metres of the subject main building -
that encroach into the required front
yard on both adjacent properties
abutting the same street, the average
distance between the street line and
these main buildings; or
(ii) Where there is only one main building within 30 metres of the subject main
building that encroaches into the required front yard on an adjacent lot abutting
the same street, the average of the front yard requirement and the distance
between the street line and this adjacent main building; or
(iii) In the case of a corner lot, where there is a main building within 30 metres of
the subject main building that encroaches into the required front yard on the
adjacent lot abutting the same street, the average of the flankage yard
requirement and the distance between the street line and this adjacent main
building.
Notwithstanding anything else in this By -law, an accessory building may be erected,
placed, or altered so that it is as close to the street line as:
Part 8: General Provisions — Other Standards
256
Page 189
�.1
(i) Where there are accessory buildings within 30 metres of the subject accessory
building that encroach into the required front yard on both adjacent properties,
the average of the distance between the street line and these accessory
buildings; or
(ii) Where there is only one accessory building within 30 metres of the subject
accessory building that encroaches into the required front yard on an adjacent
lot, the average of the front yard requirement and the distance between the
street line and this adjacent accessory building; or
(iii) In the case of a corner lot, where there is an accessory building within 30 metres
of the subject accessory building that encroaches into the required front yard on
the adjacent lot abutting the same street, the average of the flankage yard
requirement and the distance between the street line and this adjacent
accessory building.
(c) Notwithstanding anything else in this By -law, the front yard for a lot abutting a cul -de-
sac turnaround may be reduced by an amount up to 50 percent of the required front
yard for that zone.
(d) Notwithstanding anything else in this By -law, a lot in an Industrial zone abutting a
railway right -of -way or spur line does not require a yard from such right -of -way or spur
line.
(e) Notwithstanding anything else in this By -law, no yard is required for any building or
structure not exceeding a ground floor area of 10 square metres when associated with a
community garden, an interpretive centre, land for public purpose, a municipal
recreational use, a park or playground, a storm water management pond, or a walking
trail.
(f) Except as otherwise provided by this By -law, no yard is required for construction wholly
beneath the surface of the ground.
8.5 Existing Buildings and Structures in All Zones
Nothing in this By -law shall prevent any repair, renovation, reconstruction, or enlargement of an
existing building or structure that does not conform to a zone standard provided.
(a) The repair, renovation, reconstruction, or enlargement does not further reduce the zone
standard that does not conform to this By -law; and
Part 8: General Provisions — Other Standards
257
Page 190
(b) All other applicable provisions of this By -law are satisfied.
8.6 Existing Dwellings in Industrial Zones
Nothing in this By -law shall prevent the following concerning a non - conforming residential use
in an Industrial zone:
(a) Any repair or renovation of the existing building containing the residential use provided
the residential gross floor area is not increased; or
(b) The repair, renovation, reconstruction, enlargement, or construction of any accessory
building or structure, balcony, deck, porch, or veranda associated with the residential
use provided all other applicable provisions of this By -law are satisfied.
8.7 Existing Dwelling Units along Common Walls
Notwithstanding anything else in this By -law, a lot containing a semi - detached dwelling or
townhouse dwelling may be further subdivided into part lots at the common wall provided:
(a) The common wall complies with the Saint John Building By -law;
(b) Each dwelling unit is independently serviced by municipal sewer and water laterals
directly to the mains in the street;
(c) Each dwelling unit continues to be part of the building, and any rebuilding of a dwelling
unit shall occupy the original footprint and be to the common wall of the other dwelling
unit; and
(d) With respect to the lot requirements of this By -law, the total area comprised of such
part lots shall be deemed the lot.
8.8 Existing Non - Conforming Uses
Notwithstanding anything else in this By -law, -i lot containing a non - conforming use may be
subdivided provided all other applicable provisions of this By -law are satisfied.
8.9 Existing Undersized Properties
Notwithstanding any requirement of this By -law with respect to minimum lot area, minimum lot
depth or minimum lot frontage, a use, building or structure permitted in a zone may be erected,
placed or altered on such undersized lot provided all other applicable provisions of this By -law
are satisfied.
Fart 8: General Provisions — Other Standards page 191 f:; c 1:
NM
8.10 Height Exceptions
Notwithstanding any requirement of this By -law with respect to height, a chimney, church spire,
clock tower, communication tower, elevator enclosure, flagpole, skylight, solar collector,
television or radio antennae, ventilator, water tank, windmill, or any other similar structure shall
be permitted regardless of its height provided all other applicable provisions of this By -law are
satisfied.
8.11 Lighting Fixtures
No lighting fixture or illuminating device for any purpose may be
arranged in such a manner that directs rays of light upon an adjoining
lot or street or above such facility or device.
8.12 Lots for Specific Uses
Nothing in this By -law shall prevent the creation of a lot with any dimension and not served by
municipal sewer or water, private on -site services, public utilities, or a street for the following
uses provided the lot is restricted to such use and a notation with respect to this restriction is
included on the registered subdivision plan of the lot:
(a) Billboard or Neighbourhood Sign;
(b) Community Garden;
(c) Lane, Road, Street, or Highway;
(d) Land for Public Purpose;
(e) Minor Utility Service Building or Structure;
(f) Monument or Statue;
(g) Municipal Recreational Use;
(h) Park or Playground;
(i) Pipeline;
0) Public Display;
(k) Railroad;
Part 8: General Provisicns — Other Standards
259
Page � 92 `
(1) Storm Water Management Pond;
(m) Telecommunication Tower; or
(n) Walking Trail.
8.13 Minimum Building Dimensions
Except as otherwise provided by this By -law, a main residential building or structure in any zone
shall have a continuous length and width of at least five metres.
8.14 Number of Main Buildings or Structures on a Lot
Except as otherwise provided by this By -law, in a Residential or Rural zone no more than one
main residential building or structure may exist on a lot.
8.15 Restoration to a Safe Condition
Nothing in this By -law shall prevent the repair or restoration to a safe condition of any building
provided such repair or restoration has been deemed essential by the Building Inspector in
order to ensure the structural integrity of the building and or the safety of its occupants.
8.16 Streets and Servicing
(a) Except as otherwise provided by this By -law, a permit shall only be issued for the
erection of a main building or structure involving a lot that is:
(i) Abutting a street;
(ii) Serviced by municipal water or sanitary sewer where deemed available by the
Chief City Engineer, and where such municipal services are not deemed
available it will be the sole responsibility of the person undertaking the
development to install private on -site services acceptable to the Province of
New Brunswick; and
(iii) Serviced with electricity by Saint John Energy or NB Power.
(b) With respect to other services or facilities, such as telecommunications and natural gas,
it will be the sole responsibility of the person undertaking the development to make
satisfactory arrangements.
(c) A permit for a main building or structure not satisfying the requirements of paragraph
(a) shall only be issued when authorized by Council under subsection 2.7(2).
Part S: General Provisions —Other Standards Page 193 F
260
8.17 Vehicle Bodies
Except as otherwise provided by this By -faw, .r container designed for commercial transport, a
farm tractor, a motor vehicle, a road building machine, a tractor engine, a tractor trailer, or any
other vehicle drawn, propelled or driven by any kind of power regardless of whether such
vehicle has been modified or no longer functions or resembles a vehicle, shall not be permitted
in any zone as a main building or structure or as an accessory building or structure.
Part 8: General Provisions — Other Standards Page 194
261
262
V
Title, Scope, lnte pr�tatlor, arid Repeal �
Zones all
r�flnitions :' i
General f ! 4 {f- .r:�Ci•n e Access r PC— Irking, Cane, Loading 4
General Provisions: Accessory Buildings and Structures S ti �
C-ene ral Provisions: Landscaping. 6
General Provisions: signs 'J l" 1`0`
(.erreral Provisions: Other Standards 8 I,
General Provisions: Uses Permitted in Multiple Zones 9
xlesidential tones 10
Commercial Zones 1.j*
illdustria► Zones Ij 2
C'Cir'i "mvnity Fw Gi1f v �c
0t hie- r Z o n e
�Schedufes
263
26
9 General Provisions: Uses Permitted in Multiple Zones
9.1 Accessory Uses Permitted
Where this By -law provides that land may be used for a purpose, or a main building or structure
may be erected or used for a purpose, such purpose may include any accessory or incidental
uses thereof unless otherwise prohibited by this By -law, except that incidental outdoor storage
is only permitted in an Industrial zone.
9.2 Bed and Breakfasts
Where permitted by this By -law, a one -unit dwelling may also contain abed and breakfast as a
secondary use subject to the following requirements:
(a) The dwelling shall be the principal residence of the operator;
(b) There shall not be more than five guest rooms associated with the bed and breakfast;
(c) The lot of the bed and breakfast shall be at least 200 metres away from the lot of
another bed and breakfast if both are in a Residential zone;
(d) Except for a sign permitted in Part 7, there shall not be any change to the exterior
appearance of the building that would indicate a bed and breakfast is in the building;
(e) In accordance with Part 4, there shall be at least one on -site parking space for each
guest room in addition to those required for any other uses of the lot; and
(f) No home day care, home occupation, garden suite, neighbourhood day care, secondary
suite, or supportive housing is permitted in any building on the lot.
9.3 Commercial Vehicles in Residential Zones
In a Residential zone no person shall allow a commercial vehicle to remain in a front yard, or an
unregistered or derelict vehicle to remain in any yard, or a contractors' machinery or equipment
to remain outside of any building.
9.4 Converted Dwellings
Where permitted by this By -law, a one -unit dwelling or two -unit dwelling located on a lot in the
Primary Development Area may be converted into a two -unit dwelling or a multiple dwelling
with a maximum of six dwelling units subject to the following requirements:
Part 9: General Provisions -- -Uses Permitted in Multiple Zones Page 195 1 y
265
(a) The building shall have been erected before January 1, 1967 as a one -unit dwelling or
two -unit dwelling containing at least ten habitable rooms;
(b) The building shall be serviced by municipal sewer and water;
(c) Unless otherwise required by the Saint John Building By -law, access, and egress to
dwelling units shall be from an interior common hallway;
(d) There shall not be any change to the exterior appearance of the building that would
indicate the building is a converted dwelling;
(e) In accordance with Part 4, there shall be at least one on -site parking space for each
dwelling unit in addition to those required for any other uses of the lot; and
(f) No bed and breakfast, garden suite, home day care, neighbourhood day care, secondary
suite, or supportive housing is permitted in any building on the lot.
9.5 Day Cares
(a) Where permitted by this By -law, a one -unit dwelling, two -unit dwelling, semi - detached
dwelling, townhouse dwelling, multiple dwelling, or mobile or mini -home may also
contain a home day care as a secondary use subject to the following requirements:
(i) The dwelling shall be the principal residence of the operator;
(ii) The home day care shall not operate with more than five children at any one
time;
(iii) Any fenced outdoor play area shall be in the rear yard;
(iv) Except for a sign permitted in Part 7, there shall not be any change to the
exterior appearance of the building that would indicate a home day care is in
the building;
(v) In accordance with Part 4, there shall be at least one on -site parking space in
addition to those required for any other uses of the lot; and
(vi) No bed and breakfast, home occupation, garden suite, neighbourhood day care,
secondary suite, or supportive housing is permitted in any building on the lot.
(b) Where permitted by this By -law, a one -unit dwelling or two -unit dwelling may also
contain a neighbourhood day care subject to the following requirements:
Part 9: General Provisions — Uses Permitted in Multiple Zones Page 196 @
266
(i) The dwelling shall be the principal residence of the operator;
(ii) The neighbourhood day care shall not operate with more than fifteen children
at any one time;
(iii) Unless the neighbourhood day care is within 90 metres of a school, community
centre, church, or park, the lot of the neighbourhood day care centre shall be at
least 200 metres away from the lot of another neighbourhood day care centre if
both are in a Residential zone;
(iv) Any fenced outdoor play area shall be in the rear yard;
(v) The neighbourhood day care shall be on a street with unrestricted on- street
parking, otherwise at least one on -site drop -off area with the minimum
dimension of 2.4 metres of width and 4.9 metres of depth shall be provided for
every five children involved in the day care centre;
(vi) Except for a sign permitted in Part 7, there shall not be any change to the
exterior appearance of the building that would indicate a day care is in the
building;
(vii) n accordance with Part 4, there shall be at least one on -site parking space for
every five children involved with the neighbourhood day care in addition to
those required for any other uses of the lot; and
(viii) No bed and breakfast, home day care, home occupation, garden suite,
secondary suite, or supportive housing is permitted in any building on the lot.
9.6 Dwelling in a Commercial or Industrial Building
A caretaker dwelling may be permitted in a building containing a commercial or industrial use
within a zone that permits such use.
9.7 Excavation of Land
(a) Except as otherwise provided in this By -law, no excavation of land greater than one
metre may occur in any zone except if it is undertaken directly in connection with one or
more of the following:
(i) The construction, alteration, or repair of a street in an approved subdivision or
under contract awarded by The City of Saint John;
Part 9: General Provisions — Ekes Permitted in Multiple Zones Page 197 =:
267
(ii) Any work performed by a public utility; or
(iii) The construction of a basement or cellar, footing of a building or structure,
swimming pool, or other such installation authorized by a permit issued by The
City of Saint John.
(b) Except as otherwise provided in this By -law, no excavation greater than one metre may
occur in any zone unless it is for the purpose of preparing a site for a permitted use in
the zone and which satisfies the following:
(i) In the case of a proposed subdivision, tentative approval has been granted and
such approval has not expired, or in the case of any other development a permit
has been issued and such permit has not expired;
(ii) A permit application for the proposed excavation is submitted that includes
detailed plans prepared by a professional engineer;
(iii) The excavation is limited to the extent necessary for the proposed future
development;
(iv) Any terms and conditions deemed necessary to mitigate negative impacts on
the site and adjacent lands are imposed by the Development Officer;
(v) A permit for excavation shall only be valid for a maximum period of one year
from the issuance date of the permit and cannot be renewed; and
(vi) The applicant has deposited a sum of money or security issued by a chartered
Canadian financial institution in favour of The City of Saint John in an amount
adequate to cover the estimated cost of rehabilitation of the land of the site in
accordance with the terms and time limits stipulated herein.
9.8 Garden Suites
Where permitted by this By -law, a lot located in the Primary Development Area containing a
one -unit dwelling may also include a garden suite as a secondary use in separate building
subject to the following requirements:
(a) The owner of the lot shall reside in either the one -unit dwelling or the garden suite;
(b) The garden suite shall not contain more than one bedroom or exceed a maximum gross
floor area of 70 square metres;
r
Part 9: General Provisions — Uses Permitted in Multiple Zones Page 198 =w
M
(c) The garden suite shall not exceed a maximum height of six metres;
(d) The garden suite and any associated deck shall be in the rear yard and not be closer
than 1.5 metres from any side lot line and 2.5 metres from any rear lot line;
(e) The garden suite shall be serviced with municipal sewer and water, but such servicing
shall be from the same laterals as the main building on the lot;
(f) The garden suite shall be landscaped within the required setbacks of paragraph (d) in
accordance with Part 6;
(g) The driveway access to the street shall be common to both the one -unit dwelling and
the garden suite;
(h) In accordance with Part 4, there shall be at least one on -site parking space for the
garden suite in addition to those required for any other uses of the lot;
(i) The garden suite cannot be separated from the lot containing the one -unit dwelling by
subdivision, condominium, or any other means; and
(j) No bed and breakfast, home day care, home occupation, neighbourhood day care,
secondary suite, or supportive housing is permitted in any building on the lot.
9.9 Home Occupations
9.9(1) PERMITTED USES
(a) Where permitted by this By -law, a one -unit dwelling, two -unit dwelling, semi - detached
dwelling, townhouse dwelling, or mobile or mini -home may also contain one of the
following home occupations as a secondary use subject to the requirements of
subsection 9.9(2):
(i) Artist or Craftsperson Studio;
(ii) Business Office;
(iii) Catering Business, subject to the additional requirements of subsection 9.9(3);
(iv) Clothing Maker;
(v) Medical Clinic;
(vi) Instructional Service involving a maximum of four students at any one time; or
Part 9: General Provisions - Uses Permitted in Multiple Zones _ Page e I 99 "
269
(vii) Personal Service, subject to the additional requirements of subsection 9.9(4) for
pet grooming.
(b) where permitted by this By -law, a dwelling unit in a multiple dwelling or a dwelling unit
in a commercial building may also contain one of the following home occupations as a
secondary use subject to the requirements of subsection 9.9(2):
(i) Artist or Craftsperson Studio not involving a non - resident employee or customer
traffic; or
(ii) Business Office not involving a non - resident employee or customer traffic.
9.9(2) GENERAL PROVISIONS
All home occupations shall satisfy the following requirements:
(a) The dwelling unit shall be the principal residence of the operator;
(b) The area devoted to the home occupation shall not exceed the greater of:
(i) 25 percent of the total floor area of the dwelling unit; or
(ii) 47 square metres;
(c) The home occupation shall not involve more than two non - resident employees, but as
stipulated by paragraph 9.9(1)(b) a non - resident employee is not permitted for a home
occupation in a multiple dwelling or a dwelling unit in a commercial building;
(d) Except as provided by the home occupation, goods or services shall not be sold from the
lot;
(e) All equipment and material associated with the home occupation shall be kept
exclusively in the dwelling unit;
(f) No more than one commercial vehicle or equipment or vehicle bearing a sign with
respect to the home occupation can be parked on the lot except in a wholly enclosed
garage;
(g) Except for a sign permitted in Part 7, there shall not be any change to the exterior
appearance of the building that would indicate a home occupation is in the building;
(h) In accordance with Part 4, there shall be at least two on -site parking spaces provided for
the home occupation in addition to those required for any other uses of the lot, except
Part 9: General Provisions - Uses Permitted in Multiple Zones Page 1 100 1�_
270
that no additional parking is required for a home occupation permitted in a converted or
multiple dwelling;
(i) No bed and breakfast, garden suite, home day care, neighbourhood day care, secondary
suite, or supportive housing is permitted in any building on the lot.
9.9(3) CATERING BUSINESS PROVISIONS
In addition to satisfying the requirements of subsection 9.9(2), all home occupations involving a
catering business shall also satisfy the following additional requirements:
(a) The business shall not involve the use of any deep fat fryer or other cooking equipment
requiring a commercial exhaust system; and
(b) The sale of goods shall not occur from the lot.
9.9(4) PET GROOMING PROVISIONS
In addition to satisfying the requirements of subsection 9.9(2), all home occupations involving
pet grooming shall also satisfy the following additional requirements:
(a) There shall not be any outdoor kennel for animals associated with the business;
(b) There shall not be any overnight accommodation for animals associated with the
business; and
(c) The maximum number of animals associated with the business shall not exceed three on
the lot at any one time.
9.10 Keeping of Chickens
Except as otherwise provided by this By -law, the keeping of chickens as a secondary use to a
one -unit dwelling, two -unit dwelling, semi- detached dwelling, or mobile or mini -home shall be
permitted in all zones subject to the following requirements:
(a) The owner of the chickens shall reside at the same lot where the chickens are kept;
(b) The owner shall keep the chickens for strictly personal use and not sell eggs, manure,
meat, or other products derived from chickens;
(c) The number of chickens shall be limited to a maximum of six and shall not include any
male chickens commonly referred to as roosters;
Part 9: General Provisions — Uses Permitted in Multiple Zones Page 1101
271
(d) All chickens shall be kept in ,-i maximum of one chicken coop in the rear yard of the lot
not contained within another building and with a minimum ground floor area of 0.37
square metres per chicken, and in addition the chicken coop shall also include an
attached outdoor wired enclosure area, commonly referred to as a chicken run, having a
minimum ground floor area of 0.92 square metres per chicken;
(e) in addition to satisfying the provisions of Part 5, the chicken coop shall be no closer than
three metres to any side or rear lot line, and shall have a minimum separation distance
of 7.5 metres from any main residential building on an adjoining lot and 30 metres from
any well on the lot or an adjoining lot;
(f) A chicken coop shall be fully enclosed on the sides and top with at least one door that
can be locked. Any openings or vents shall be covered with predator and bird resistant
wiring having openings no greater than 2.5 centimetres;
(g) The owner shall not store chicken manure on the lot except within a fully sealed
container; and
(h) The owner shall dispose of any dead chicken by delivering it to an abattoir, veterinarian,
or other such facility that has the ability to lawfully dispose of chickens.
9.11 Minor Utility Service Buildings or Structures and Pipelines
Nothing in this By -law shall prevent the erection, placement, alteration, or use of a minor utility
service building or structure or pipeline in any zone.
9.12 Multiple Uses
Where any land or building is used for more than one purpose each individual use shall comply
with the applicable requirements of this By -law.
9.13 Secondary Suites
Where permitted by this By -law, a one -unit dwelling located on a lot in the Primary
Development Area may also contain a secondary suite as a secondary use subject to the
following requirements:
(a) The owner of the lot shall reside in the building;
(b) The secondary suite shall not contain more than two bedrooms or exceed 40 percent of
the gross floor area of the building or 70 square metres, whichever is less;
Part 9: General Provisions— Uses Permitted in Multiple Zones Page 111 102
272
(c) The secondary suite shall have an entrance on the side or rear of the building if a shared
entrance with the main dwelling unit is not permitted by the Saint John Building By -law;
(d) The building shall be serviced with municipal sewer and water by one set of laterals to
the building;
(e) The driveway access to the street shall be common to both the main dwelling unit and
the secondary suite;
(f) There shall not be any change to the exterior appearance of the building that would
indicate a secondary suite is in the building;
(g) In accordance with Part 4, there shall be at least one on -site parking space for the
secondary suite in addition to those required for any other uses of the lot;
(h) The secondary suite cannot be separated from the main dwelling unit by subdivision,
condominium or any other means; and
(i) No bed and breakfast, garden suite, home day care, home occupation, or
neighbourhood day care, or supportive housing is permitted in any building on the lot.
9.14 Supportive Housing
Where permitted by this By -law, a one -unit dwelling or two -unit dwelling may contain, or be
completely converted to, supportive housing subject to the following requirements:
(a)
Supportive housing shall be limited to a maximum of nine residents;
(b)
The lot containing supportive housing shall be at least 125 metres away from another
lot also containing a supportive housing if both are in a Residential zone;
(c)
Except for a sign permitted in Part 7, there shall not be any change to the exterior
appearance of the building that would indicate supportive housing is in the building;
(d)
In accordance with Part 4, there shall be at least one on -site parking space for every
three residents in the supportive housing in addition to those required for any other
uses of the lot; and
(e)
No bed and breakfast, garden suite, home day care, home occupation, neighbourhood
day care, or secondary suite is permitted in any building on the lot.
01__ Part 9: General Provisions — Uses Permitted in Multiple Zones Page i 103
273
9.15 Storage of Recreational Vehicles and Major Recreational Equipment
(a) A recreational vehicle and major recreational equipment shall not be stored in a
Residential zone except in a carport, garage, or in a rear or side yard behind the building
line, except that major recreational equipment may be parked in a driveway wholly
within the lot between May and October of each year.
(b) No recreational vehicle or major recreational equipment shall be used for living,
sleeping or housekeeping purposes when on a lot zoned Residential.
9.16 Telecommunication Towers
Nothing in this By -law shall prevent the erection, placement, alteration, or use of a
telecommunication tower.
9.17 Temporary Activities Permitted in all Zones
9.17(1) TEMPORARY CONSTRUCTION BUILDINGS AND STRUCTURES
Nothing in this By -law shall prevent the use of any land or the placement of any building or
structure, such as, but not limited to, a construction camp with no overnight accommodation,
an office trailer, a tool shed, or scaffolding in association with the undertaking of a development
on the same lot provided the temporary building or structure is removed within 14 days after
the completion of the work.
9.17(2) TEMPORARY GARDEN CENTRES
Nothing in this By -law shall prevent a temporary outdoor garden centre being established in a
parking lot of a lot located in a Commercial zone provided the garden centre only operates
within the months of April to October.
9.17(3) TEMPORARY SALE OF CHRISTMAS TREES
Nothing in this By -law shall prevent the temporary sale of Christmas trees occurring in a parking
lot of a lot in a Commercial or Industrial zone provided the activity only operates within the
months of November and December.
9.17(4 TEMPORARY REAL ESTATE SALES OFFICES
Nothing in this By -law shall prevent a temporary real estate sales office being established in a
dwelling within an approved developing subdivision provided the office is removed within 24
months after issuance of the permit for such office.
Part 9: General Provisions — Uses Permitted in Multiple Zones
274
Page J 104
9.17(5) TEMPORARY SPECIAL OCCASION STRUCTURES
Nothing in this By -law shall prevent a structure erected for a special occasion or holiday, such as,
but not limited to, a banner, an inflated balloon, an inflated character, a pennant, a search light,
a spinner, a streamer, or a tent provided the temporary special occasion structure is removed
within seven days after the event.
9.18 Tree Cutting
S1 Except as otherwise provided by this By -law, tree cutting may only occur on a property that is
directly related to one or more of the following:
(a) The construction, alteration, or repair of a street in an approved subdivision or under
contract awarded by The City of Saint John;
(b) Any work performed by a public utility;
(c) A development authorized by a permit under this By -law provided such approval has not
expired;
(d) A subdivision that has been granted tentative approval by the Development Officer and
such approval has not expired;
(e) The removal of any damaged, diseased, or hazardous tree; or
(f) The removal of trees with a cumulative ground area no greater than 500 square metres.
9.19 Uses Permitted in Zones
Notwithstanding anything else in this By -law:
(a) The following uses shall be permitted in all zones:
(i) Excavation of Land, subject to section 9.7;
(ii) Lane, Street, or Highway;
(iii) Minor Utility Service Building or Structure;
(iv) Pipeline;
(v) Railroad;
(vi) Storm Water Management Pond; or
Part 9: General Provisions — Uses Permitted in Multiple Zones
275
_w
Page 11105 4V.
(vii) Telecommunication Tower.
(b) Except for the Heavy Industrial zone, the following uses shall also be permitted in all
zones:
(i) Community Garden;
(ii) Land for Public Purpose;
(iii) Municipal Recreational Use;
(iv) Park or Playground;
(v) Public Display; or
(vi) Walking Trail
Part 9: General Provisions— Uses Permitted in Multiple Zones Page 1 106
276
Title
Zones and Administration 2 �
s.
Def initions. 3
Ger.,eral = 'rovislons: Access, Parkins, Cand Loading 4
General 'Provisions: ,Accessory BuRldings and Structures 5
,
�r
General Provisions. Landscaping 6
Gerter-a{ Provisions: Signs 7
General Provisions. other Standards F"
�`.r_
General Provisions. Uses Permitted in MiuMpte Zones F %
iyr
Residential Zones 10.
Commercial Zones 11. �, ;i
VE,
Industrial Zones i.2-
Community Par.iRly zonef 1112
Other G n es 1:4�
Schedules
277
278
The following Table 10 -1 is intended to provide a general list of the uses allowed in the
Residential zones. This table is provided for convenience only and reference should be made to
each zone for a complete list of permitted uses, conditional uses, conditions of use, zone
standards, as well as to the General Provisions of this By -law.
Table 10 -1
Use
Agricultural Use, Existing
Bed and Breakfast
Crisis Care Facility
Day Care Centre
Day Care, Home
Day Care, Neighbourhood
Dwelling Group
Dwelling, Cluster Townhouse
Dwelling, Converted
Dwelling, Multiple
Dwelling, One -Unit
Dwelling, One -Unit, Existing
Dwelling, Semi- Detached
Dwelling, Townhouse
Dwelling, Two -Unit
Garden Suite
Health and Fitness Facility
Home Occupation
Medical Clinic
Mobile Home Park
Mobile Home Park, Existing
Mobile or Mini -Home
Mobile or Mini -Home, Existing
Personal Service
Restaurant
Retail Convenience
Rooming House
Part 10: Residential Zones+
Zone Permitted
RS RR
RC RM RL R2 R1 RSS RS RR
RC
RC RH
RC RM RL R2 R1 RSS RP RS RR
RC RM RL R2 R1 RSS RS RR
RC RH RM RL
RC RM RL
R2 R1
RC RH RM RL
RM RL R2 R1 RSS RP RS RR
RC
RC RM RL R2
KC RM RL
RC RM RL R2 RS RR
RC RM RL R1_ R1 RSS
RH
AC RH RM RL R2 R1 RSS RP RS RR
RH
RP
RR
RP
RC
RH
RH
RH
279
RS RRI
RM
Page 1 107
Secondary Suite
Supportive Facility
Supportive Housing
Part M Residential Zones
RC RM RL R2 R1 RSS
RC RH RM
RC RH RM RL R2 R1 RSS
:1
RS RR
Page N 108
Municipal Plan Context
The Urban Centre Residential (RC) zone
accommodates a wide range of serviced
urban residential development in the
form of townhouses, apartments, and
condominiums. Lower density forms are
also permitted including semi - detached
dwellings, and two -unit dwellings.
While existing one -unit dwellings are
i�
ry.
ce
allowed to continue as permitted uses, new one -unit dwellings are not allowed as the
primary focus of this urban zone is to encourage the highest density and mix of residential
uses in the centre of the City.
The Urban Centre Residential (RC) zone is intended for land inside the Primary Development
Area that is designated Medium to High Density Residential, Uptown Primary Centre, or
Mixed Use Centre in an Intensification Area. However, land in other appropriate
designations could be zoned RC.
10.1(1) Permitted Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following:
Bed and Breakfast, subject to section 9.2;
Crisis Care Facility, subject to subsection 10.1(2);
Day Care Centre; subject to subsection 10.1(2);
Day Care, Home, subject to paragraph 9.5(a);
Day Care, Neighbourhood, subject to paragraph 9.5(b);
Dwelling Group;
Dwelling, Cluster Townhouse, subject to subsection 10.1(4);
Dwelling, Multiple;
Dwelling, One -Unit, Existing;
Dwelling, Semi - Detached;
Dwelling, Townhouse, subject to subsection 10.1(2);
Dwelling, Two -Unit;
Fart 10: Residential zones — Urban Centre Residential (RC) Zone Page i 109
281
Garden Suite, subject to section 9.8;
Home Occupation, subject to section 9.9;
Rooming House, subject to subsection 10.1(2);
Secondary Suite, subject to section 9.13;
Supportive Facility, subject to subsection 10.1(2);
Supportive Housing, subject to section 9.14;
The existing use described in Schedule E: Exceptions, of each lot respectively,
identified therein as being located in the RC zone.
10.1(2) Conditions of Use
(a) A Crisis Care Facility, Day Care Centre, Rooming House, or Supportive Facility
permitted in subsection 10.1(1) shall be subject to the following:
0) The lot shall only contain one of these land uses, and shall be at least 60
metres away from another lot in the RC zone that also contains one of these
above uses; and
(ii) In the case of a Crisis Care Facility, Rooming House, or Supportive Facility,
the establishment shall be limited to a maximum of 18 residents.
(b) A Townhouse Dwelling permitted in subsection 10.1(1) shall not have:
(i) A length greater than 66 metres; or
(ii) A continuous front building line greater than 33 metres; and
(c) For purposes of paragraph (b), a continuous front building line shall mean either the
same front building line of two or more adjacent dwelling units, or the front building
lines of two or more adjacent dwelling units that are not offset by more than one
metre from each other.
10.1(3) Zone Standards
(a) Minimum Lot Area:
Existing One -Unit Dwelling,
Two -Unit Dwelling, or Semi - Detached Dwelling 185 square metres
Multiple Dwelling, the greater of 300 square metres, or
Part 10: Residential Zones — Urban Centre Residential (RC) Zone Page
282
For each Dwelling Unit therein having
3 or more bedrooms
For each Dwelling Unit therein having
2 bedrooms
For each Bachelor or Dwelling Unit therein
having 1 bedroom
For each Room for a Crisis Care Facility,
Rooming House, or Supportive Facility
Townhouse Dwelling
square metres
5 square metres
45 square metres
20 square metres
For each Dwelling Unit therein 165 square metres
Cluster Townhouse Dwelling, subject to subsection 10.1(4) and not
paragraph 10.1(3)(b) to (1) inclusive
(b) Minimum Lot Frontage:
Existing One -Unit Dwelling, Two -Unit Dwelling, or Semi - Detached Dwelling
Interior Lot
Corner Lot
Multiple Dwelling
Townhouse Dwelling for each Dwelling Unit
(c) Minimum Lot Depth
(d) Minimum Front Yard
(e) Maximum Front Yard
5.5 metres
7 metres
22 metres
5.5 metres
F
30 metres
1.5 metres
3 metres
(f) Minimum Rear Yard, the lesser of:
The minimum rear yard of two or more main buildings in the block face, or
b metres
Part 10: Residential Zones — Urban Centre Residential (RC) Zone
283
(g) Minimum Side Yard, the lesser of:
The minimum side yard of two or more main buildings in the block face, or
1.5 metres
(h) Minimum Flankage Yard 1.5 metres
0) Minimum Ground Floor Area:
Existing One -Unit Dwelling, Two -Unit Dwelling, or Semi- Detached Dwelling
1%, 2, or 3 Storeys 62 square metres
(j) Minimum Gross Floor Area for a Dwelling Unit in a Multiple Dwelling:
For each Dwelling Unit having 3 or more 60 square metres
bedrooms
For each Dwelling Unit having 2 bedrooms 06LO square metres
For each Bachelor or Dwelling Unit having WM35 square metres
1 bedroom
(k) Minimum Building Height 2 storeys
(1) Maximum Building Height 14 metres
(m) Front and Flankage Building Facades:
(i) Shall only have cladding comprised of brick, stone, cementitious material,
or wood, or any combination thereof;
(ii) Shall have at least 30 percent of its area covered by windows with clear
glass;
(iii) Shall not have a garage door that exceeds 40 percent of the building facade
width or 20 percent of the building fagade area; and
(iv) Shall not have a garage door that projects beyond the plane of the primary
building door entrance.
(n) Other Requirements In accordance with the
General Provisions, Parts 4 -9
Part 10: Residential Zones — Urban Centre Residential (RC) Zone
.,
10.1(4) Zone Standards for Cluster Townhouse Dwellings
(a) Minimum Lot Area, the greater of: 1,160 square metres, or
For each Dwelling Unit therein 230 square metres
(b) Minimum Lot Frontage 30 metres
(c) Minimum Lot Depth 30 metres
(d) No front wall of a Cluster Townhouse Dwelling shall be located so that any part of
such front wall is closer than:
(i) 3 metres of an abutting private access right -of -way;
(ii) 21 metres of a front wall or rear wall of another Cluster Townhouse
Dwelling;
(iii) 10.5 metres of a side wall of another Cluster Townhouse Dwelling; or
(iv) 7.5 metres of a property boundary of an adjoining lot not part of the Cluster
Townhouse Dwelling or the Dwelling Group of the Cluster Townhouse
Dwelling.
(e) No rear wall of a Cluster Townhouse Dwelling shall be located so that any part of
such wall is closer than:
(i) 7.5 metres of a property boundary of an adjoining lot not part of the Cluster
Townhouse Dwelling or the Dwelling Group of the Cluster Townhouse
Dwelling;
(ii) 15 metres of a rear wall of another Cluster Townhouse Dwelling; or
(iii) 10.5 metres of a sidewall of another Cluster Townhouse Dwelling.
(f) No sidewall of a Cluster Townhouse Dwelling shall be located so that any part of
such wall is closer than:
(i) 7.5 metres of a side wall of another Cluster Townhouse Dwelling; or
Part 10: Residential Zones — Urban Centre Residential (RC) Zone Page 713
285
(ii) 7.5 metres of a property boundary of an adjoining lot not part of the Cluster
Townhouse Dwelling or the Dwelling Group of the Cluster Townhouse
Dwelling.
(g) Minimum Flankage Yard:
Adjacent to a Private Access 3 metres
Adjacent to a Public Street in the RC zone 3 metres
Adjacent to a Public Street in any other zone 6 metres
(h) Minimum Dwelling Unit Width:
RC zone 5.5 metres
RM and RL zones 6 metres
0) No Cluster Townhouse Dwelling shall:
(i) Have a length greater than 72 metres; or
(ii) Have a continuous front building line greater than 36 metres; and
(j) For purposes of paragraph (i), a continuous front building line shall mean either the
same front building line of two or more adjacent dwelling units, or the front building
lines of two or more adjacent dwelling units that are not offset by more than one
metre from each other.
(k) Minimum Building Height:
RM and RC zones
2 sto reys
Part 10: Residential Zones -- Urban Centre Residential (RC) Zone
:.
Page 1 114
(I) Maximum Building Height:
RL zone
RM zone
RC zone
(m) Other Requirements
Part 10: Residential Zones — Urban Centre Residential (RC) Zone
287
11��
9 metres
11 metres
14 metres
In accordance with the
General Provisions, Parts 4-9
Page j 115
288
10.2
Municipal Plan Context
-
s I
S
The High -Rise Residential (RH) zone
accommodates serviced high -rise multiple
dwellings and complementary non -
residential uses on the first two storeys.
�� - r - ,. n '�. ♦. Fr.1 �^4 '11�I,k4 .' �' a .a ,' y:. 7 �..,;,
'
The High -Rise Residential (RH) zone is
'1 4 .�,�• _
FT z
$`=
intended for land inside the Primary
A
Development Area suitable for the
development of high -rise multiple
dwellings. This may involve land designated Medium to Nigh Density Residential, Low to
Medium Density Residential, Stable Residential,
Primary Centre, or Mixed Use Centre.
However, land in other appropriate designations
could be zoned RH.
10.2(1) Permitted Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following:
Day Care Centre;
Dwelling Group;
Dwelling, Multiple;
Health and Fitness Facility, subject to subsection 10.2(2);
Home Occupation, subject to section 9.9;
Medical Clinic, subject to subsection 10.2(2);
Personal Service, subject to subsection 10.2(2);
Restaurant, subject to subsection 10.2(2);
Retail Convenience, subject to subsection 10.2(2);
Supportive Facility;
Supportive Housing;
The existing use described in Schedule E: Exceptions, of each lot respectively,
identified therein as being located in the RH zone.
Part 10: Residential Zones — High -Rise Residential (RH) Zone
..
Page 1 116
10.2(2) Conditions of Use
A Health and Fitness Facility, Medical Clinic, Personal Service, Restaurant, or Convenience
Retail permitted in subsection 10.2(1) shall be subject to the following:
(a) Be located in the high -rise building, but not above the second storey of the building;
(b) Have its entry from within a hall in the high -rise building; and
(c) Not occupy more than 10 percent of the gross floor area of the high -rise building.
10.2(3) Zone Standards
(a) Minimum Lot Area, the greater of:
69C
square metres, or
For each Dwelling Unit therein having
3 or more bedrooms
74
square metres
For each Dwelling Unit therein having
2 bedrooms
55
square metres
For each Bachelor or Dwelling Unit therein
h
having 1 bedroom
37
square metres
(b) Minimum Lot Frontage
22
metres
(c) Minimum Lot Depth
metres
(d) Minimum Front Yard W77' metres
(e) Maximum Front Yard L 9 metres
(f) Minimum Rear Yard 6 metres
L
(g) Minimum Side Yard, the greater of:
0.3 times the height of the Multiple Dwelling to a maximum of 9 metres, or
3 metres
(h) Minimum Flankage Yard 3.5 metres
Part 10: Residential Zones — High -Rise Residential (RH) Zonc
290
(i) Minimum Gross Floor Area for a Dwelling Unit:
For each Dwelling Unit having 3 or more
bedrooms
For each Dwelling Unit having 2 bedrooms
For each Bachelor or Dwelling Unit having
1 bedroom
(j) Minimum Building Height
(k) Maximum Building Height:
65 square metres
55 square metres
37 square metres
2 storeys
30 metres, or
An additional 5 metres of building height for each one metre addition
to both required side yards.
(I) Maximum Lot Occupancy
(m) Other Requirements
50 percent of lot area
In accordance with the
General Provisions, Parts 4 -9
Part 10: Residential Zones — High -Rise Residential (RH) Zone Page a 111P
291
292
10.3
Municipal Plan Context
The Mid -Rise Residential (RM) zone
accommodates a range of serviced
medium density residential development
in the form of townhouses, apartments,
and condominiums, as well as semi-
detached dwellings, two -unit dwellings,
and one -unit dwellings. A minimum
height standard of two storeys is required
for new residential development.
4G '�1rta_wpt ,�i
The Mid -Rise Residential (RM) zone is intended for land inside the Primary Development
Area that is designated Low to Medium Density Residential or Stable Residential. However,
land in other appropriate designations could be zoned RM.
10.3(1) Permitted Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following:
Bed and Breakfast, subject to section 9.2;
Day Care, Home, subject to paragraph 9,5(a);
Day Care, Neighbourhood, subject to paragraph 9.5(b);
Dwelling Group;
Dwelling, Cluster Townhouse, subject to subsection 10.1(4);
Dwelling, Multiple;
Dwelling, One -Unit;
Dwelling, Semi - Detached;
Dwelling, Townhouse, subject to subsection 10.3(2);
Dwelling, Two -Unit;
Garden Suite, subject to section 9.8;
Home Occupation, subject to section 9.9;
Rooming House, subject to subsection 10.3(2);
Secondary Suite, subject to section 9.13;
Supportive Facility, subject to subsection 10.3(2);
Part 10: Residentiai Lanes— Mid -Rise Residential (RM) Zone Page 1 119
293
Supportive Housing, subject to section 9.14;
The existing use described in Schedule E: Exceptions, of each lot respectively,
identified therein as being located in the RM zone.
10.3(2) Conditions of Use
(a) A Townhouse Dwelling permitted in subsection 10.3(1) shall not have:
(i) A length greater than 72 metres; or
(ii) A continuous front building line greater than 36 metres; and
(iii) For purposes of this paragraph, a continuous front building line shall mean
either the same front building line of two or more adjacent dwelling units,
or the front building lines of two or more adjacent dwelling units that are
not offset by more than one metre from each other.
(b) A Rooming House or Supportive Facility permitted in subsection 10.3(1) shall be
subject to the following:
(i) The lot shall only contain one of these land uses and shall be at least 60
metres away from another lot in the RM zone that also contains one of
these uses; and
(ii) A Rooming House or Supportive Facility shall be limited to a maximum of
nine residents.
10.3(3) Zone Standards
(a) Minimum Lot Area:
One -Unit Dwelling, Two -Unit Dwelling, or
Semi- Detached Dwelling
Multiple Dwelling, the greater of
For each Dwelling Unit therein having
3 or more bedrooms
For each Dwelling Unit therein having
2 bedrooms
For each Bachelor or Dwelling Unit therein
having 1 bedroom
Part 10: Residential Zones — Mid -Rise residential (RM) Zone
294
550 square metres
690, square metres, or
J1111 185 square metres
square metres
305 square metres
Page 1 120
Townhouse Dwelling
For each Dwelling Unit therein 180 square metres
Cluster Townhouse Dwelling, subject to subsection 10.1(4) and not
paragraph 10.3(3)(b) to (m) inclusive
(b) Minimum Lot Frontage:
One -Unit Dwelling, Two -Unit Dwelling, or Semi- Detached Dwelling
Interior Lot 18 metres
Corner Lot 21 metres
Multiple Dwelling 22 metres
Townhouse Dwelling for each Dwelling Unit ,rx metres
(c)
Minimum Lot Depth
30
metres
(d)
Minimum Front Yard
6
metres
(e)
Maximum Front Yard for a Multiple Dwelling or
Townhouse Dwelling
metres
(f)
Minimum Rear Yard
6
metres
(g)
Minimum Side Yard:
Multiple Dwelling or Townhouse Dwelling
containing more than 6 Dwelling Units
2.5
metres
Multiple Dwelling or Townhouse Dwelling
containing 6 or less Dwelling Units
2
metres
Other
1.5
metres
(h)
Minimum Flankage Yard
3.5
metres
Part 10: Residential Zones — Mid-Rise Residential (RM) Zone
295
Page ! 123
(i) Minimum Ground Floor Area:
One -Unit Dwelling, Two -Unit Dwelling, or Semi - Detached Dwelling
1 Storey 89 square metres
Split -Level 710 square metres
1%, 2, or 3 Storeys 62 square metres
(j) Minimum Gross Floor Area for ;3 Dwelling Unit in a Multiple Dwelling:
For each Dwelling Unit having 3 or more 69 square metres
bedrooms
For each Dwelling Unit having 2 bedrooms 60 square metres
For each Bachelor or Dwelling Unit having 41 square metres
1 bedroom
(k) Minimum Building Height Z storeys
(I) Maximum Building Height: 11 metres, or
14 metres if both side yards are increased in amounts equal to the height
over 11 metres
(m) Maximum Lot Occupancy 50 percent of lot area
(n) Other Requirements in accordance with Mae
General F'rnvisions, Parts 4 -!)
Part 10: Residential Zones — Mid -Rise Residential (RM) Zone
296
Page J 127 0.
Municipal Plan Context
The Low -Rise Residential (RL) zone
accommodates a range of serviced lower
density residential development in the
form of townhouses, apartments, and
condominiums limited to a maximum of
six dwelling units, as well as semi-
detached dwellings, two -unit dwellings,
and one -unit dwellings.
4.
Y
The Low -Rise Residential (RL) zone is intended for land inside the Primary Development Area
that is designated Low Density Residential or Stable Residential. However, land in other
appropriate designations could be zoned RL.
10.4(1) Permitted Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following:
Bed and Breakfast, subject to section 9.2;
Day Care, Home, subject to paragraph 95(a);
Day Care, Neighbourhood, subject to paragraph 95(b);
Dwelling Group;
Dwelling, Cluster Townhouse, limited to a maximum of six dwelling units;
Dwelling, Multiple, limited to a maximum of six dwelling units;
Dwelling, One -Unit;
Dwelling, Semi- Detached;
Dwelling, Townhouse, limited to a maximum of six dwelling units;
Dwelling, Two -Unit;
Garden Suite, subject to section 9.8;
Home Occupation, subject to section 9.9;
Secondary Suite, subject to section 9.13;
Supportive Housing, subject to section 9.14;
The existing use described in Schedule E: Exceptions, of each lot respectively,
identified therein as being located in the RL zone.
Part 10: Residential Zones — Low -Rise Residential (RL) Zone _ Page 112P
297
10.4(2) Zone Standards
(a) Minimum Lot Area:
One -Unit Dwelling, Two -Unit Dwelling, or
Semi - Detached Dwelling
Multiple Dwelling, the greater of
For each Dwelling Unit therein having
3 or more bedrooms
For each Dwelling Unit therein having
2 bedrooms
For each Bachelor or Dwelling Unit therein
having 1 bedroom
Townhouse Dwelling
550 square metres
690 square metres, or
185 square metres
150 square metres
105 square metres
For each Dwelling Unit therein 180 square metres
Cluster Townhouse Dwelling, subject to subsection 10.1(4) and not
paragraph 10.4(2)(b) to (m) inclusive
(b) Minimum Lot Frontage:
One -Unit Dwelling, Two -Unit Dwelling, or Semi - Detached Dwelling
Interior Lot
Corner Lot
Multiple Dwelling
Townhouse Dwelling for each Dwelling Unit
(c) Minimum Lot Depth
(d) Minimum Front Yard
(e) Maximum Front Yard for a Multiple or
Townhouse Dwelling
(f) Minimum Rear Yard
Part 10: Residential Zones Low -Rise Residential (R1) Zone
O
18 metres
21 metres
22 metres
6 metres
Page i 124
metres
metres
Mmetres
6
metres
Page i 124
(g) Minimum Side Yard:
Multiple or Townhouse Dwelling 2 metres
Other 1.5 metres
(h) Minimum Flankage Yard 3.5 metres
(i) Minimum Ground Floor Area:
One -Unit Dwelling or Two -Unit Dwelling
1 Storey 89 square metres
Split -Level 71 square metres
1 %, 2, or 3 Storeys 62 square metres
Semi - Detached Dwelling
1 Storey
119
square metres
Split -Level
95
square metres
1 %, 2, or 3 Storeys
83
square metres
(J) Minimum Gross Floor Area for a Dwelling Unit in
a Multiple Dwelling:
For each Dwelling Unit having 3 or more
bedrooms
square metres
For each Dwelling Unit having 2 bedrooms
square metres
For each Bachelor or Dwelling Unit having
1 bedroom
41
square metres
(k) Maximum Building Length for a Townhouse
Dwelling
36
metres
Part 10: Residential Zones -- Low -Rise Residential (RL) Zone
299
(m)
(n)
Maximum Building Height:
9 metres, or
11 metres if both side yards are increased in amounts equal to the height
over 9 metres
Maximum Lot Occupancy
Other Requirements
50 percent of lot area
In accordance with the
General Provisions, Parts 4 -9
Part 1.0: Residential Zones F— Low -Rise Residential (RL) Zone �— Page 1 126
X11
5J Municipal Plan Context
The Two -Unit Residential (R2) zone
accommodates serviced residential
development in the form of semi-
detached dwellings, two -unit dwellings,
and one -unit dwellings.
The Two -Unit Residential (R2) zone is
intended for land inside the Primary
Development Area that is designated Low
Density Residential or Stable Residential.
could be zoned R2.
10.5(1) Permitted Uses
0
However, land in other appropriate designations
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following:
Bed and Breakfast, subject to section 9.2;
Day Care, Home, subject to paragraph 9.5(a);
Day Care, Neighbourhood, subject to paragraph 9.5(b);
Dwelling, Converted, subject to section 9.4;
Dwelling, One -Unit;
Dwelling, Semi - Detached;
Dwelling, Two -Unit;
Garden Suite, subject to section 9.8;
Home Occupation, subject to section 9.9;
Secondary Suite, subject to section 9.13;
Supportive Housing, subject to section 9.14;
The existing use described in Schedule E: Exceptions, of each lot respectively,
identified therein as being located in the R2 zone.
Part 10: Residential Zones —Two -Unit Residential (R2) Zone
301
___
Page 1 127
10.5(2) Zone Standards
(a)
Minimum Lot Area
550
square metres
(b)
Minimum Lot Frontage:
Interior Lot
1S
metres
Corner Lot
k,2 1
metres
(c)
Minimum Lot Depth
3t3
metres
(d)
Minimum Front Yard
PW 6
metres
(e)
Minimum Rear Yard
6
metres
(f)
Minimum Side Yard
1.5
metres
(g)
Minimum Flankage Yard
metres
(h)
Minimum Ground Floor Area:
One -Unit Dwelling or Two -Unit Dwelling
1 Storey
89
square metres
Split -Level
1 71
square metres
1%, 2, or 3 Storeys
62
square metres
Semi - Detached Dwelling
1 Storey
X19
square metres
Split -Level
95
square metres
1%, 2, or 3 Storeys
square metres
Part 10: Residential Zones — Two -Unit Residential (R2) Zone � � Page p 12F
302
(k)
Maximum Building Height: 9 metres, or
11 metres if both side yards are increased in amounts equal to the
height over 9 metres
Maximum Lot Occupancy
Other Requirements
Part 10: Residential Zones — Two -Unit Residential (112) Zone
303
50 percent of the lot
in accordance wIF iF
Genera! Provisions,
Page 1 12°
304
Ine -Unit Residential (111) Zone
Municipal Plan Context
The One -Unit Residential (111) zone
accommodates serviced residential
development in the form of one -unit
dwellings.
The One -Unit Residential (R1) zone is
intended for land inside the Primary .,.�
Development Area that is designated Low �A -s'
Density Residential or Stable Residential.
However, land in other appropriate designations could be zoned R1.
10.6(1) Permitted Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following:
Bed and Breakfast, subject to section 9.2;
Day Care, Home, subject to paragraph 9.5(a);
Day Care, Neighbourhood, subject to paragraph 9.5(b);
Dwelling, Converted, subject to section 9.4;
Dwelling, One -Unit;
Garden Suite, subject to section 9.8;
Home Occupation, subject to section 9.9;
Secondary Suite, subject to section 9.13;
Supportive Housing, subject to section 9.14;
The existing use described in Schedule E: Exceptions, of each lot respectively,
identified therein as being located in the R1 zone.
10.6(2) Zone Standards
(a) Minimum Lot Area
(b) Minimum Lot Frontage:
Interior Lot
460 square metres
9-15 metres
Part 10- Residential Zones — One -Unit Residential (111) Zone
305
Page 130
(c)
(d)
(e)
(f)
(g)
(h)
W
(k)
Corner Lot
Minimum Lot Depth
Minimum Front Yard
Minimum Rear Yard
Minimum Side Yard
Minimum Flankage Yard
Minimum Ground Floor Area:
1 Storey
19 metres
30 metres
5
metres
�6
metres
1.5
metres
3.5
metres
W 89 square metres
Split -Level 71 square metres
1 %, 2, or 3 Storeys 2 square metres
Maximum Building Height: IT, metres, or
11 metres if both side yards are increased in amounts equal to the height
over 9 metres
Maximum Lot Occupancy 50 percent of the lot
Other Requirements In accordance with the
General Provisions, Parts 4 -9
Part 10: Residential Zones — One -Unit Residential (R1) Zone # Page a l 131
O
Municipal Plan Context
The Suburban Residential (RSS) zone
accommodates serviced residential
development in the form of large one -unit
dwellings on suburban lots.
The Suburban Residential (RSS) zone is
only intended for land inside the Primary i
Development Area that is designated
Stable Residential and located in the
Cedar Point Estates, Cedar Point Anchorage, Monte Cristo Park, and The Highlands of Drury
Cove subdivisions. The sole purpose of the zone is to accommodate the completion of these
mentioned subdivisions with large lots on rural roads. This zone is not intended to be used
elsewhere.
10.7(1) Permitted Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following:
Bed and Breakfast, subject to section 9.2;
Day Care, Home, subject to paragraph 9.5(a);
Day Care, Neighbourhood, subject to paragraph 9.5(b);
Dwelling, One -Unit;
Garden Suite, subject to section 9.8;
Home Occupation, subject to section 9.9;
Secondary Suite, subject to section 9.13;
Supportive Housing, subject to section 9.14;
The existing use described in Schedule E: Exceptions, of each lot respectively,
identified therein as being located in the RSS zone.
10.7(2) Zone Standards
(a) Minimum Lot Area 1,400 square metres
(b) Minimum Lot Frontage 30 metres
Part 10: Residential Zones — Suburban Residential (RSS) Zone _ Page e q 131
307
(c)
Minimum Lot Depth
a 30
metres
(d)
Minimum Front Yard
f
L 7.5
metres
(e)
Minimum Rear Yard
10
metres
(f)
Minimum Side Yard
WIT
metres
(g)
Minimum Flankage Yard
f 7.5
metres
(h) Minimum Ground Floor Area:
1 Storey
i. 100 square metres
Split -Level
77 square metres
1%:, 2, or 3 Storeys
67 square metres
(i) Maximum Building Height:
1:1. metres, or
13 metres if both side yards are increased in amounts equal to the height
over 11 metres
(j) Other Requirements
in accordance with the
General Prouision5, Parb 4 -9
Part 10: Residential Zones — Suburban Residential (RSS) Zone T Page a 1 133
M.*
1
A
Mini -Home Park Residential (RP) Zone
Municipal Plan Context
The Mini -Home Park Residential (RP) zone
accommodates serviced residential
development in the form of mobile or
mini -home parks or communities with
private streets. The zone also
accommodates mobile home parks
regulated by the Saint John Mobile Home
Parks By -law.
y ISM
i
�_• Est•.- :��,r� Acs s`1T�' � �t'1' . -
The Mini -Home Park Residential (RP) zone is intended for land inside the Primary
Development Area appropriate for the development of mobile or mini -home parks or
communities. This may involve land designated Stable Residential. However, land in other
appropriate designations could be zoned RP.
10.8(1) Permitted Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following:
Day Care, Home, subject to paragraph 9.5(a);
Dwelling, One -Unit;
Home Occupation, subject to section 9.9;
Mobile Home Park, subject to the Saint John Mobile Home Parks By -law and not
subsection 10.8(2);
Mobile or Mini -Home;
The existing use described in Schedule E: Exceptions, of each lot respectively,
identified therein as being located in the RP zone.
10.8(2) Zone Standards
(a) Minimum Lot Area:
Interior Lot 7$ square metres
Corner Lot rqro" square metres
Part 10: Residential Zones — Mini -Home Park (RP) Zone Page 1134 r
M
(b) Minimum Lot Frontage:
(j) Notwithstanding paragraph (f), a deck may project up to 3.05 metres into the
required side yard on the principal entrance side.
(k) Notwithstanding paragraphs (a) to (g), a mobile or mini home may be placed or
erected anywhere on an existing lot in the Cedar Point Mobile Home Park
provided it is not closer than 4.5 metres from any other main building in the Park.
(1) Other Requirements In accordance with the
General Provisions, Parts 4 -9
Part 10: Residential Zones— mini -Home Park (RP) Zone
310
Page 1 135
Interior Lot
10
metres
Corner Lot
15.,
metres
(c)
Minimum Lot Depth
metres
(d)
Minimum Front Yard
6
metres
(e)
Minimum Rear Yard
G
metres
(f)
Minimum Side Yard:
Principal Entrance Side
IF 4.4
metres
Other Side
metres
(g)
Minimum Flankage Yard
3.5
metres
(h)
Minimum Ground Floor Area
square metres
(i)
Maximum Building Height
5
metres
(j) Notwithstanding paragraph (f), a deck may project up to 3.05 metres into the
required side yard on the principal entrance side.
(k) Notwithstanding paragraphs (a) to (g), a mobile or mini home may be placed or
erected anywhere on an existing lot in the Cedar Point Mobile Home Park
provided it is not closer than 4.5 metres from any other main building in the Park.
(1) Other Requirements In accordance with the
General Provisions, Parts 4 -9
Part 10: Residential Zones— mini -Home Park (RP) Zone
310
Page 1 135
Municipal Plan Context
The Rural Settlement Residential (RS) zone
accommodates unserviced residential
development in the form of two -unit
dwellings and one -unit dwellings. The
zone also permits existing agricultural
uses and mobile or mini - homes.
The Rural Settlement Residential (RS) z
one '"^
is intended for land outside the Primary K22,,
Development Area that is designated Rural Settlement and located in the Martinon- Ketepec,
Lorneville, or Treadwell Lake residential areas. These areas are the only areas outside of the
PDA where new residential subdivision is encouraged.
10.9(1) Permitted Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following:
Agricultural Use, Existing, subject to subsection 10.10(2);
Bed and Breakfast, subject to section 9.2;
Day Care, Home, subject to paragraph 9.5(a);
Day Care, Neighbourhood, subject to paragraph 9.5(b);
Dwelling, One -Unit;
Dwelling, Two -Unit;
Home Occupation, subject to section 9.9;
Mobile or Mini -Home, Existing, subject to subsection 14.5(2);
Supportive Housing, subject to section 9.14;
The existing use described in Schedule E: Exceptions, of each lot respectively,
identified therein as being located in the RS zone.
Part 10: Residential Zones -- Rural Settlement (RS) Zone
311
Page 1 136
10.9(2) Zone Standards
(a)
Minimum Lot Area
5,350
square metres
(b)
Minimum Lot Frontage
6 0
metres
t_
(c)
Minimum Lot Depth
40
metres
(d)
Minimum Front Yard
10
metres
(e)
Minimum Rear Yard
15
metres
(f)
Minimum Side Yard
10
metres
(g)
Minimum Flankage Yard
10
metres
(h)
Minimum Ground Floor Area:
1 Storey
90
square metres
Split -Level
70
square metres
1'/:, 2, or 3 Storeys
6.0
square metres
(i)
Maximum Building Height
metres
(j)
Other Requirements
j In accordance with the
Part 10: Residential Zones — Rural Settlement (RS) Zone v
312
General Provisions, Parts 4 -9
Page i 137
10.10 Rural kesidential (RR) Zoi,
Municipal Plan Context
The Rural Residential (RR) zone
accommodates unserviced residential
development in the form of two -unit
dwellings and one -unit dwellings. The
zone also permits existing agricultural
uses and mobile or mini - homes.
The Rural Residential (RR) zone is
intended for land outside the Primary
Development Area that is designated Rural Residential. While this designation contains
existing or approved residential subdivisions, such development is no longer encouraged in
this designation.
10.10(1) Permitted Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following:
Agricultural Use, Existing, subject to subsection 10.10(2);
Bed and Breakfast, subject to section 9.2;
Day Care, Home, subject to paragraph 9.5(a);
Day Care, Neighbourhood, subject to paragraph 9.5(b);
Dwelling, One -Unit;
Dwelling, Two -Unit;
Home Occupation, subject to section 9.9;
Mobile Home Park, Existing, subject to the Saint John Mobile Home Parks By -law
and not subsection 10.10(3);
Mobile or Mini -Home, Existing, subject to subsection 14.5(2);
Supportive Housing, subject to section 9.14;
The existing use described in Schedule E: Exceptions, of each lot respectively,
identified therein as being located in the RR zone.
Part 10: Residential Zones — Rural Residential (RR) Zone
313
Page 1 138
10.10(2) Conditions of Use
An Existing Agricultural Use permitted in subsection 10.10(1) shall be subject to the
following:
(a) The total number of the following domestic animals kept on a lot, excluding their
young under the age of six months, shall be:
(i) In the case of a goat, horse, pony, or sheep, or any combination thereof, up
to two such animals provided the lot has a minimum area of 6,000 square
metres and a minimum lot frontage of 75 metres, and for each additional
animal a further 2,000 square metres of lot area provided the lot has a
minimum frontage of 90 metres; and
(ii) In the case of a cow, a maximum of two cows provided the lot has a
minimum area of 20,000 square metres and a minimum lot frontage of 180
metres.
(b) Any stable, building, enclosure, or structure where an above - mentioned domestic
animal is kept shall be located at least 22 metres from any common property line or
15 metres of any dwelling on the same lot.
10.10(3) Zone Standards
(a) Minimum Lot Area
(b) Minimum Lot Frontage
(c) Minimum Lot Depth
(d) Minimum Front Yard
(e) Minimum Rear Yard
(0 Minimum Side Yard
(g) Minimum Flankage Yard
Part 10: Residential Zones -- Rural Residential (RR) Zone
314
,350 square metres
metres
metres
metres
metres
metres
metres
a s
Page 1 139
(h) Minimum Ground Floor Area:
1 Storey
Split -Level
1Y2, 2, or 3 Storeys
(i) Maximum Building Height
(j) Other Requirements
Part 10: Residential Zones — Rural Residential (RR) Zone
315
90 square metres
7t square metres
PEEW square metres
metres
In accordance with the
Generai Provisions, Parts 4-9 p
r •r
Page i 140
316
Title, -Scope, livierpretaflon, �'.,Pld Repe-ai it
2 -runes and Adn-dnistratcn 2
vieneral Provisions, Acress, Parking, and Loading 4
G mere Provl-cicr.s: Accessory BuTi'6ilings any Sotructures 51
41
1ZIN
M
.e.r-1 Provisions- Landccaping �S)
General Provision is: Signs
Gener'BI Provis:ons: Other Standardc. 8
General Provisional; Uses Permitted in Multiple Zones
z
Residential Zones -1
Commercial Zones 11
Industrial Zones I Z.
C-onirriunity Facility Zones 1
Other Zones 14
Schedules
ECI)
317
1 8
11 Commercial Zones
The following Table 11 -1 is intended to provide a general list of the uses allowed in the
Commercial zones. This table is provided for convenience only and reference should be made to
each zone for a complete list of permitted uses, conditional uses, conditions of use, zone
standards, as well as to the General Provisions of this By -law.
Use
Accommodation
Adult Entertainment Facility
Animal Shelter
Artist or Craftsperson Studio
Auction House
Bakery
Banquet Hall
Bar, Lounge, or Nightclub
Bed and Breakfast
Business Office
Business Support Service
Car Wash
Catering Service
Commercial Entertainment
Commercial Use
Communication Facility
Community Centre
Community Facility Use
Community Policing Office
Conference or Convention Centre
Contractor Service, Household
Crisis Care Facility
Cultural Establishment
Day Care Centre
Distribution Facility
Dwelling Unit
Part 11: Commercial Zones
Table 11 -1
Zone Permitted
M
■raw -.�1 ® "'��
CU a.
iCW
CU CR( c
Cu CHC
CW
CU NCkc
CU
I
CU CRC CI F+ CC it
C�li� iCC
ClJ Cs�C
319
6
Emergency Services Facility
Equipment Sales and Rental, Light
Financial Service
Fleet Service
Funeral Service
Garden Suite
Grocery Store
Health and Fitness Facility
Health Services Laboratory
Home Occupation
Hospital
Hostel
Industrial Use, Special
Kennel
Landscape Material Supply
Library
Massage Parlour
Medical Clinic
Microbrew Pub
Moving Services
Parking Lot, Commercial
Parking Structure
Personal Service
Pet Grooming
Place of Worship
Port Use
Private Club
Recreational Facility
Recreational Vehicle Sales & Service, Large
Recreational Vehicle Sales & Service, Small
Recycling Bins
Redemption Centre
Research and Development Facility
Residential Use
Restaurant
Retail Convenience
ti!
CFtC
CC
C+C
C U
C Cap
cc CR
CC
t L.I
CRC
CC CR
CU
tl
CI
Cdr-
Cur
CjtC_=
CC CR
CL
CIJ
CRC I CP
CC CR!'
CRC Cap
fC
rCU
CK C89 i
Chia
CRE
Cif
C'B P
cc
CC
CU
Cott;
CFI'
CI.
C#kG
C� {T
CU
CRC CBP'
CR f
+CL.
CRC
CU
CU CRC
CU CRC
CU CRC
CU CRC
C1i
CVV
CU CRC t a_
CIO CIiC Ci�F'
CC CC
LC
,, U C R
Cw
( CRC C BP CC
0P
YRG
CA
fir C
CI�C, I
Part 11: Commercial Zones Page 1 142 1�
320
Retail General
Retail Warehouse
Rooming House
Sales Centre, Model Home
Secondary Suite
Self- Storage Facility
KIM
Service and Repair, Household��
Service Station
• , ('
Sports and Entertainment Facility
Supportive Facility
Supportive Housing
�.-
Technical or Vocational School
Transit Terminal
University or College
Vehicle Body and Paint Shop
Vehicle Rental
s�
Vehicle Repair Garage
Vehicle Sales, Incidental
Vehicle Sales and Leasing
Veterinary Clinic�i
Warehouse Facility
Part 11: Commercial Zones Page � 143 t
321
322
11.1
Uptown Commercial (CU) Zone
Municipal Plan Context
The Uptown Commercial (CU) zone
accommodates the greatest mix and
highest density of commercial land uses in
the City.
This zone supports the strengthening of
the Uptown area with appropriate urban
standards, broad permitted uses, a
parking exemption area, and flexible
mixed uses regulation for new development.
The Uptown Commercial (CU) zone is intended for land inside of the Primary Development
Area that is designated Primary Centre (Uptown). However, land in other appropriate
designations could be zoned CU.
11.1(1) Permitted Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following provided no drive -thru facility is included:
Accommodation;
Artist or Craftsperson Studio;
- Bakery;
Bar, Lounge, or Nightclub, subject to paragraph 11.1(3)(a);
Business Office;
Commercial Entertainment;
Communication Facility;
Community Centre;
Community Policing Office;
Conference or Convention Centre;
Crisis Care Facility;
Cultural Establishment;
Day Care Centre;
Dwelling Unit, subject to paragraph 11.1(3)(b);
Emergency Services Facility;
Part 11: Commercial Zones — Uptown Commercial (CU) Zone Page
323
Financial Service;
Funeral Service;
Garden Suite;
Grocery Store;
Health and Fitness Facility;
Home Occupation, subject to section 9.9;
Hostel;
Library;
Medical Clinic;
Microbrew Pub;
Personal Service;
Pet Grooming;
Place of Worship;
Private Club;
Recreational Facility;
Research and Development Facility;
Restaurant;
Retail General;
Rooming House;
Service and Repair, Household;
Sports and Entertainment Facility;
Supportive Facility;
Supportive Housing, subject to section 9.14;
Technical or Vocational School;
Transit Terminal;
University or College;
Veterinary Clinic;
The existing use described in Schedule E: Exceptions, of each lot respectively,
identified therein as being located in the CU zone.
11.1(2) Conditional Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following subject to such terms and conditions as may be imposed by the
Committee:
Parking Lot, Commercial, subject to paragraph 11.1(3)(c);
Part 11: Commercial Zones — Uptown Commercial (CU) Zone Page 1145 `.
324
- Parking Structure.
11.1(3) Conditions of Use
(a) A lot containing a Bar, Lounge, or Nightclub permitted in subsection 11.1(1) shall not
be located within 30 metres of a Residential zone.
(b) A Dwelling Unit permitted in subsection 11.1(1):
(i) Shall not be located below the second storey of the building;
(ii) Shall have its main access from inside the building at ground level;
(iii) Shall not share an internal hallway or entrance with any commercial use in
the building; and
(iv) Notwithstanding subparagraphs (i) and (ii), a Dwelling Unit may be located
below the second storey and the main access may be directly from outside
the building at ground level when the building is located on a lot that is
within 30 metres from a Residential zone.
(c) A Commercial Parking Lot permitted in subsection 11.1(2) shall not be developed on
a lot located in the Uptown Parking Exemption Area, as defined by Schedule C of
this By -law, which contained a main building on the date this By -law was enacted.
11.1(4) Zone Standards
(a) Minimum Lot Area
(b) Minimum Lot Frontage
(c) Minimum Lot Depth
(d) Minimum Front Yard
(e) Maximum Front Yard
(f) Minimum Rear Yard:
square metres
metres
metres
metres
metres
Abutting a Residential zone metres
Other metres
Part 11: Commercial Zones — Uptown Commercial (CU) Zone Page 1 146
325
(g) Minimum Side Yard:
Abutting a Residential zone
metres
Other
metres
(h) Minimum Flankage Yard
metres
(i) Maximum Flankage Yard
metres
(j) Minimum Building Height
storeys
(k) Maximum Building Height
metres
Buildings shall have a prominent entrance orientated toward a street
(m) Buildings that are more than four storeys in height and orientated towards C. street
shall include an offset at the fifth storey having a minimum depth of 1.5 metres
away from the street.
(n) No parking or outdoor display area shall be permitted within any required building
setback.
(o) Minimum Lot Occupancy percent
(p) Other Requirements
Part 11: Commercial Zones — Uptown Commercial (CU) Zone Pa gel 147
326
11.2 Waterfront Commercial (CW) Zone
Municipal Plan Context
,> S
The Waterfront Commercial (CW) zone
accommodates mixed -use waterfront
development primarily located on large,
brownfield sites such as Fundy Quay and
Long Wharf.
The Waterfront Commercial (CW) zone is
intended for land inside of the Primary
Development Area adjacent to the
waterfront and designated Primary Centre (Uptown). However, land in other appropriate
designations could be zoned CW.
11.2(1) Permitted Uses
Any land, building, or structure may be used for the following provided Council has approved
a specific proposal that includes such use or uses pursuant to section 39 of the Community
Planning Act:
Commercial Use;
Community Facility Use;
Port Use;
Residential Use.
11.2(2) Zone Standards
(a) Standards shall not be subject to the General Provisions, Parts 4 -9, but shall be
those standards of the proposal approved by Council pursuant to section 39 of
the Community Planning Act.
(b) Council or the Development Officer will specify plans and or studies necessary
to be included in support of the rezoning application at the time of submission.
Such plans and or studies may include, but not limited to, context, site,
building, elevation, landscaping, grading, servicing, storm water, and traffic.
Part 11: Commercial Zones— Waterfront Commercial (CW) Zone Page 148�yrr
327
32
P
11.3 Campus Research Commercial (CRC) Zone
Municipal Plan Context
The Campus Research Commercial (CRC)
zone accommodates the development of
a health and education focused cluster`
with supportive commercial land uses in i
the University of New Brunswick Saint
John Campus and the Saint John Regional
Hospital areas.
The Campus Research Commercial (CRC) I Y,
zone is intended for land inside of the Primary Development Area that is designated Primary
Centre (UNBSJ/Hospital). However, land in other appropriate designations could be zoned
CRC.
11.3(1) Permitted Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following provided no drive -thru facility is included:
Accommodation;
Artist or Craftsperson Studio;
Bakery;
Bar, Lounge, or Nightclub, subject to paragraph 11.3(3)(a);
Business Office, subject to paragraph 11.3(3)(b);
Communication Facility;
Community Centre;
Community Policing Office;
Crisis Care Facility;
Day Care Centre;
Dwelling Unit, subject to paragraph 11.3(3)(c);
Emergency Services Facility;
Financial Service;
Funeral Service;
Grocery Store;
Health and Fitness Facility;
R
Part 11: Commercial Zones — Campus Research Commercial (CRC) zone Page 149 'fir
329
Health Services Laboratory;
Home Occupation, subject to section 9.9;
Hospital;
Library;
Medical Clinic;
Personal Service;
Pet Grooming;
Private Club;
Recreational Facility;
Research and Development Facility;
Restaurant;
Retail General;
w Rooming House;
Supportive Facility;
Supportive Housing, subject to section 9.14;
Technical or Vocational School;
Transit Terminal;
University or College;
Veterinary Clinic;
The existing use described in Schedule E: Exceptions, of each lot respectively,
identified therein as being located in the CRC zone.
11.3(2) Conditional Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following subject to such terms and conditions as may be imposed by the
Committee:
Parking Lot, Commercial, subject to paragraph 11.3(3)(d);
Parking Structure.
11.3(3) Conditions of Use
(a) A lot containing a Bar, Lounge, or Nightclub permitted in subsection 11.3(1) shall not
be located within 60 metres of a Residential zone.
(b) A Business Office permitted in subsection 11.3(1) shall not exceed 3,000 square
metres in gross floor area.
Part 11: Commercial Zones— Campus Research Commercial (CRC) Zone Pa ge 150
..
330
(c) A Dwelling Unit permitted in subsection 11.3(1):
(i) Shall not be located below the second storey of the building;
(ii) Shall have its main access from inside the building at ground level;
(iii) Shall not share an internal hallway or entrance with any commercial use in
the building; and
(iv) Notwithstanding subparagraphs (i) and (ii), a Dwelling Unit may be located
below the second storey and the main access may be directly from outside
the building at ground level when the building is located on a lot that is
within 30 metres from a Residential zone.
(d) A Commercial Parking Lot permitted in subsection 11.3(2) shall not be developed on
a lot located in the Uptown Parking Exemption Area, as defined by Schedule C of
this By -law, which contained a main building on the date this By -law was enacted.
11.3(4) Zone Standards
(a)
Minimum Lot Area
r F
square metres
(b)
Minimum Lot Frontage
metres
(c)
Minimum Lot Depth
metres
(d)
Minimum Front Yard
metres
(e)
Maximum Front Yard
metres
(f)
Minimum Rear Yard:
Abutting a Residential zone
®
metres
Other
metres
(g)
Minimum Side Yard:
Abutting a Residential zone
metres
Other
metres
Part 11: Commercial Zones — Campus Research Commercial (CRC) Zone Page 1 151 r
331
(h) Minimum Flankage Yard
(i) Maximum Flankage Yard
(j) Minimum Building Height
(k) Maximum Building Height
metres
metres
storeys
metres
(1) Buildings shall have a prominent entrance orientated toward a street.
(m) Buildings that are more than four storeys in height and orientated towards a street
shall include an offset at the fifth storey having a minimum depth of 1.5 metres
away from the street.
(n) No parking or outdoor display area shall be permitted within any required building
setback.
(o) Minimum Lot Occupancy
(p) Other Requirements
Wpercent
Part 11: Commercial Zones — Campus Research Commercial (CRC) Zone Page 1 152
332
11.4 Business Park Commercial (CBP) Zone
Municipal Plan Context
S The Business Park Commercial (CBP) zone
accommodates areas that are generally
identified for commercial redevelopment,
compatible residential, and employment
uses, such as business offices, research,
and development facilities, and light
manufacturing and assembly.
The Business Park Commercial (CBP) zone
is intended for land inside of the Primary Development Area that is designated Business
Centre. However, land in other appropriate designations could be zoned CBP.
11.4(1) Permitted Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following provided no drive -thru facility is included:
Accommodation;
Bar, Lounge, or Nightclub, subject to paragraph 11.4(3)(a);
Business Office, subject to paragraph 11.4(3)(b);
Business Support Service;
t Communication Facility;
Day Care Centre;
Distribution Facility;
Financial Service;
Health and Fitness Facility;
Health Services Laboratory;
Industrial Use, Special, subject to paragraph 11.4(3)(d);
Medical Clinic;
Personal Service;
Recreational Facility;
Research and Development Facility;
Restaurant;
Retail Convenience;
leAk
Part 11: Commercial Zones— Business Park Commercial (CBP) Zone Page, 153
333
f_
,.
Technical or Vocational School;
Warehouse Facility;
The existing use described in Schedule E: Exceptions, of each lot respectively,
identified therein as being located in the CBP zone.
11.4(2) Conditional Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following subject- to such terms and conditions as may be imposed by the
Committee:
Parking Lot, Commercial, subject to paragraph 11.4(3)(f);
Parking Structure.
11.4(3) Conditions of Use
(a) A lot containing a Bar, Lounge, or Nightclub permitted in subsection 11.4(1) shall not
be located within 60 metres of a Residential zone.
(b) A Business Office permitted in subsection 11.4(1) shall not exceed 3,000 square
metres in gross floor area.
(c) A Special Industrial Use permitted in subsection 11.4(1) shall be of a nature that the
use is:
M Wholly contained within a building;
(ii) Does not involve outside storage of materials or products; and
(iii) Does not result in the discharge of smoke, fumes, vapours, vibrations, or
noise that is visible or detectable beyond the lot on which it is located.
(d) At least 75 percent of the gross floor area of a main building shall be occupied by
non - residential use permitted in subsection 11.4(1).
5 (e) A Commercial Parking Lot permitted in subsection 11.4(2) shall not be developed on
a lot located in the Uptown Parking Exemption Area, as defined by Schedule C of
this By -law, which contained a main building on the date this By -law was enacted.
r�
Part 11: Commercial Zones — Business Park Commercial (CBP) Zane Page
334
11.4(4) Zone Standards
(a)
Minimum Lot Area
square metres
(b)
Minimum Lot Frontage
metres
(c)
Minimum Lot Depth
metres
(d)
Minimum Front Yard
�'
metres
(e)
Maximum Front Yard
metres
(f)
Minimum Rear Yard:
Abutting a Residential zone
metres
Other
metres
(g) Minimum Side Yard:
Abutting a Residential zone metres
Other metres
(h) Minimum Flankage Yard metres
(i) Maximum Flankage Yard metres
(j) Minimum Building Height storeys
(k) Maximum Building Height metres
(1) Buildings that are more than four storeys in height and orientated towards a
street shall include an offset at the fifth storey having a minimum depth of 1.5
metres away from the street.
(m) The fagades of main buildings shall consist of high quality finishes on any
elevation orientated towards a street or lot zoned Residential, but such finish
cannot use any of the following: galvanized or unfinished metal or concrete
block or panel without an architectural finish.
Part 11: Commercial Zones — Business Park Commercial (CBP) Zone Page 1 155
335
(n) Maximum Lot Occupancy = percent
(o) Other Requirements
Part 11: Commercial Zones— Business Park Commercial (CBP) Zone Page J 156 0
336
11.5
S1
Corridor Commercial (CC) Zone
Municipal Plan Context
The Corridor Commercial CC zone
accommodates a wide range of vehicle
oriented commercial and compatible light k`
industrial uses along major thoroughfares,
including Rothesay Avenue, City Road, and -,
Thorne Avenue.
The Corridor Commercial (CC) zone is ."`'w, `s
intended for land inside of the Primary
Development Area that is designated Commercial Corridor. However, land in other
appropriate designations could be zoned CC.
11.5(1) Permitted Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following, which may include outdoor storage as an accessory or secondary use,
subject to paragraph 11.5(3)(x):
Accommodation;
Animal Shelter;
Auction House;
Bakery;
Banquet Hall;
Bar, Lounge, or Nightclub, subject to paragraph 11.5(3)(b);
Business Office, subject to paragraph 11.5(3)(c);
Business Support Service;
Car Wash;
Catering Service;
Commercial Entertainment;
Communication Facility;
Contractor Services, Household;
Day Care Centre;
Distribution Facility;
Emergency Services Facility;
Part 11: Commercial Zones — Corridor Commercial (CC) Zone Page 1 157
337
Equipment Sales and Rental, Light;
Financial Service;
Fleet Service;
Funeral Service;
Grocery Store;
Health and Fitness Facility;
Health Services Laboratory;
Kennel;
Landscape Material Supply;
Moving Services;
Personal Service;
Pet Grooming;
Private Club;
Recreational Vehicle Sales and Service, Large;
Recreational Vehicle Sales and Service, Small;
Recycling Bins;
Redemption Centre, subject to paragraph 11.5(3)(d);
Restaurant;
Retail General;
Retail Warehouse;
Sales Centre, Model Home;
Self- Storage Facility;
Service and Repair, Household;
Service Station, subject to paragraph 11.5(3)(e);
Technical or Vocational School;
Transit Terminal;
Vehicle Body and Paint Shop;
Vehicle Rental;
Vehicle Repair Garage, subject to paragraph 11.5(3)(f);
Vehicle Sales and Leasing;
Veterinary Clinic;
Warehouse Facility;
The existing use described in Schedule E: Exceptions, of each lot respectively,
identified therein as being located in the CC zone.
Part 11: Commercial Zones — Corridor Commercial (CC) Zone Page 1 158
338
11.5(2) Conditional Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following subject to such terms and conditions as may be imposed by the
Committee:
Parking Lot, Commercial, subject to paragraph 11.5(3)(g);
Parking Structure.
11.5(3) Conditions of Use
(a) Outdoor Storage as an accessory or secondary use to a main use permitted in
subsection 11.5(1) shall be subject to the following:
0) The yard shall not occupy any required front or flankage yard or any area
required for parking;
(ii) The yard shall be completely enclosed by a solid board -on -board fence or a
chain -link fence entirely covered by filler strips woven into the mesh or a
walled structure or a berm, or any combination thereof, having a minimum
height of 2 metres and including any gate constructed in the same manner
and height as the enclosure;
(iii) Notwithstanding the above, the yard may instead be screened in
accordance with paragraph 6.1(j), or by any combination of permitted
structures, berms and landscaping; and
(iv) When the yard is developed within 15 metres of an abutting lot in a
Residential zone, the yard shall also be in accordance with section 5.5.
(b) A lot containing a Bar, Lounge, or Nightclub permitted in subsection 11.5(1) shall not
be located within 60 metres of a Residential zone.
(c) A Business Office permitted in subsection 11.5(1) shall not exceed 3,000 square
metres in gross floor area.
(d) A Redemption Centre permitted in subsection 11.5(1) shall be wholly contained
within a building and not have any outdoor storage.
(e) A Service Station permitted in subsection 11.5(1) shall be subject to the following:
r,
Part 11: Commercial Zones — Corridor Commercial (CC) Zone Page 159 ",=
339
W The lot where the Service Station is located shall have a minimum area of
930 square metres and a minimum frontage of 30 metres;
(ii) Any vehicle access for the Service Station shall not be closer than 30 metres
from an access for a main building in a Community Facility or Residential
zone;
(iii) The fuel pump island shall not be located closer than 7.5 metres to a front
or flankage lot line; and
(iv) The lot where the Service Station is located shall not be adjacent to a lot
zoned Residential on the same street.
(f) A Vehicle Repair Garage permitted in subsection 11.5(1) shall not be located
adjacent to a Residential zone.
(g) A Commercial Parking Lot permitted in subsection 11.5(2) shall not be developed on
a lot located in the Uptown Parking Exemption Area, as defined by Schedule C of
this By -law, which contained a main building on the date this By -law was enacted.
11.5(4) Zone Standards
(a) Minimum Lot Area
(b) Minimum Lot Frontage
(c) Minimum Lot Depth
(d) Minimum Front Yard
(e) Minimum Rear Yard:
Abutting a Residential zone
Abutting any other zone than a Residential
or CC zone
Abutting a CC zone
• ++ square metres
metres
metres
metres
metres
® metres
metres
Part 11: Commercial Zones — Corridor Commercial (CC) Zone Page 1 160
340
(f) Minimum Side Yard:
Part 11: Commercial Zones — Corridor Commercial (CC) Zone Page 1 161
341
Abutting a Residential zone
metres
Abutting any other zone than a Residential
or CC zone
metres
Abutting a CC zone
metres
(g)
Minimum Flankage Yard
metres
(h)
Maximum Building Height:
For an Accommodation
metres
Other
metres
0)
Maximum Lot Occupancy
percent
(j)
Other Requirements
. .. ,
Part 11: Commercial Zones — Corridor Commercial (CC) Zone Page 1 161
341
342
11.6
Regional Commercial (CR) Zone
Municipal Plan Context
The Regional Commercial (CR) zone
accommodates large format, vehicle
oriented, commercial development and
associated entertainment uses serving the
Saint John region. This zone is generally
characterized by shopping malls and
plazas.
The Regional Commercial (CR) zone is
intended for land inside of the Primary Development Area that is designated Regional Retail
Centre. However, land in other appropriate designations could be zoned CR.
11.6(1) Permitted Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following:
Accommodation-
Sales Centre, Model Home;
Service Station, subject to paragraph 11.6(3)(x);
Transit Terminal;
Vehicle Rental;
Vehicle Repair Garage, subject to paragraph 11.6(3)(b);
Vehicle Sales and Leasing;
r Regional Commercial Centre, which may only include the following uses:
Artist or Craftsperson Studio;
Bakery;
Bar, Lounge, or Nightclub, subject to paragraph 11.6(3)(c);
Business Office, subject to paragraph 11.6(3)(d);
Commercial Entertainment;
Community Centre;
Community Policing Office;
Day Care Centre;
Financial Service;
Funeral Service;
Part 11: Commercial Zones — Regional Commercial ( CR ) Zone Page ! 162 Y "
343
Grocery Store;
Health and Fitness Facility;
Library;
Medical Clinic;
Personal Service;
Pet Grooming;
Recycling gins;
Restaurant;
Retail General;
Retail Warehouse;
Service and Repair, Household;
Technical or Vocational School;
Veterinary Clinic;
The existing use described in Schedule E: Exceptions, of each lot respectively,
identified therein as being located in the CR zone.
11.6(2) Conditional Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following subject to such terms and conditions as may be imposed by the
Committee:
Parking Lot, Commercial, subject to paragraph 11.6(3)(e);
Parking Structure.
11.6(3) Conditions of Use
(a) A Service Station permitted in subsection 11.6(1) shall be subject to the following:
(i) The lot where the Service Station is located shall have a minimum frontage
of 30 metres;
(ii) Any vehicle access for the Service Station shall not be closer than 30 metres
from an access for a main building in a Community Facility or Residential
zone;
(iii) The fuel pump island shall not be located closer than 7.5 metres to a front
or flankage lot line; and
Part 11: Commercial Zones — Regional Commercial (CR) Zone Page 163
344
Abutting a Residential zone metres
Other metres
(f) Minimum Side Yard:
Abutting a Residential zone metres
Other metres
(g) Minimum Fiankage Yard metres
Part 11: Commercial Zones — Regional Commercial (CR) Zone Page 1 164
345
(iv) The lot where the Service Station is located shall not be adjacent to a lot
zoned Residential and on the same street.
(b)
A Vehicle Repair Garage permitted in subsection 11.6(1) shall not be located
adjacent to a Residential zone.
(c)
A building containing a Bar, Lounge, or Nightclub permitted in subsection 11.6(1)
shall not be located within 60 metres of a Residential zone.
(d)
A Business Office permitted in subsection 11.6(1) shall not exceed 3,000 square
metres in gross floor area.
�i (e)
A Commercial Parking Lot permitted in subsection 11.6(2) shall not be developed on
a lot located in the Uptown Parking Exemption Area, as defined by Schedule C of
this By -law, which contained a main building on the date this By -law was enacted.
11.6(4) Zone Standards
(a)
Minimum Lot Area square metres
(b)
Minimum Lot Frontage metres
(c)
Minimum Lot Depth metres
(d)
Minimum Front Yard metres
(e)
Minimum Rear Yard:
Abutting a Residential zone metres
Other metres
(f) Minimum Side Yard:
Abutting a Residential zone metres
Other metres
(g) Minimum Fiankage Yard metres
Part 11: Commercial Zones — Regional Commercial (CR) Zone Page 1 164
345
(h) Maximum Building Height:
For an Accommodation metres
Other
metres
(i) The minimum gross floor area for any main building shall be 3,000 square
metres.
(j) No parking or outdoor display area shall be permitted within a required
setback.
(k) Maximum Lot Occupancy = percent
(1) Other Requirements
Part 11: Commercial Zones — Regional Commercial (CR) Zone Page 1 165 0
M
11.7 General Commercial (CG) Zone
Municipal Plan Context
The General Commercial (CG) zone
accommodates midsize commercial
development that provides services and
goods to the broader community and may
contain residential uses.
The General Commercial (CG) zone is
intended for land inside of the Primary
Development Area that is designated
Local Centre, Low to Medium Density Residential, Mixed Use Centre, or Stable Commercial.
However, land in other appropriate designations could be zoned CG.
11.7(1) Permitted Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following:
Accommodation;
Artist or Craftsperson Studio;
Bakery;
Banquet Hall;
Bar, Lounge, or Nightclub, subject to paragraph 11.7(3)(a);
Business Office, subject to paragraph 11.7(3)(b);
Community Centre;
Community Policing Office;
Contractor Service, Household;
Day Care Centre;
Dwelling Unit, subject to paragraph 11.7(3)(c);
Financial Service;
Funeral Service;
Garden Suite, subject to section 9.8;
Grocery Store;
Health and Fitness Facility;
Health Services Laboratory;
Part 11: Commercial Zones— General Commercial (CG) Zone Page 1 166
347
Home Occupation, subject to section 9.9;
Library;
Medical Clinic;
Personal Service;
Pet Grooming;
Place of Worship;
Private Club;
Recreational Vehicle Sales and Service, Small;
Recycling Bins;
Restaurant;
Retail General;
Secondary Suite, subject to section 9.13;
Service and Repair, Household;
Service Station, subject to paragraph 11.7(3)(d);
Supportive Housing, subject to section 9.14;
Technical or Vocational School;
Vehicle Repair Garage, subject to paragraph 11.7(3)(e);
Vehicle Sales, incidental;
Veterinary Clinic;
The existing use described in Schedule E: Exceptions, of each lot respectively,
identified therein as being located in the CG zone.
11.7 (2) Conditional Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following subject to such terms and conditions as may be imposed by the
Committee:
Parking Lot, Commercial, subject to paragraph 11.7(3)(f);
Parking Structure.
11.7(3) Conditions of Use
(a) A lot containing a Bar, Lounge, or Nightclub permitted in subsection 11.7(1) shall not
be located within 60 metres of a Residential zone.
(b) A Business Office permitted in subsection 11.7(1) shall not exceed 3,000 square
metres in gross floor area.
Part 11: Commercial Zones — General Commercial (CG) Zone Page 167
(c) A Dwelling Unit permitted in subsection 11.7(1):
(i) Shall not be located below the second storey of the building;
(ii) Shall have its main access from inside the building at ground level;
(iii) Shall not share an internal hallway or entrance with any commercial use in
the building; and
(iv) Notwithstanding subparagraphs (i) and (ii), a Dwelling Unit may be located
below the second storey and the main access may be directly from outside
the building at ground level when the building is located on a lot that is
within 30 metres from a Residential zone.
(d) A Service Station permitted in subsection 11.7(1) shall be subject to the following:
(i) The lot where the Service Station is located shall have a minimum area of
930 square metres and a minimum frontage of 30 metres;
(ii) Any vehicle access for the Service Station shall not be closer than 30 metres
from an access for a main building in a Community Facility or Residential
zone;
(iii) No Dwelling Unit shall be located in any portion of the building containing
the Service Station;
(iv) The fuel pump island shall not be located closer than 7.5 metres to a front
or flankage lot line; and
(v) The lot where the Service Station is located shall not be adjacent to a lot
zoned Residential and on the same street.
(e) A Vehicle Repair Garage permitted in subsection 11.7(1) shall not be located
adjacent to a Residential zone.
S (f) A Commercial Parking Lot permitted in subsection 11.7(2) shall not be developed on
a lot located in the Uptown Parking Exemption Area, as defined by Schedule C of
this By -law, which contained a main building on the date this By -law was enacted.
Part 11: Commercial Zones — General Commercial (CG) Zone Page 16
349
11.7(4) Zone Standards
(a)
Minimum Lot Area
_: !.
square metres
(b)
Minimum Lot Frontage
metres
(c)
Minimum Lot depth;'
-.
metres
(d)
Minimum Front Yard
_
metres
(e)
Minimum Rear Yard:
Abutting a Residential zone
metres
Other
metres
(f)
Minimum Side Yard:
Abutting a Residential zone
metres
Other
metres
(g)
Minimum Flankage Yard
metres
(h)
Maximum Building Height
metres
(�)
Except for a Grocery Store, the maximum gross floor area for any use shall be
5,000 square metres.
(j)
No parking or outdoor display area shall
be permitted within a required
setback.
(k)
Maximum Lot Occupancy
percent
(1)
Other Requirements
,
Part 11: Commercial Zones — General Commercial (CG) Zone Page 1169 0
350
11.8
$J
Mixed Commercial (CM) Zone
Municipal Plan Context
The Mixed Commercial (CM) zone
accommodates smaller scale, mixed -use
development supporting traditional
neighbourhood service corridors.
The Mixed Commercial (CM) zone is
intended for land inside of the Primary
Development Area that is designated
Medium to High Density Residential or
Mixed Use Centre. However, land in other appropriate designations could be zoned CM.
11.8(1) Permitted Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following provided no drive -thru facility is included and any commercial use shall
be subject to paragraph 11.8(2)(c):
Artist or Craftsperson Studio;
Bakery;
Bed and Breakfast, subject to section 9.2;
Business Office, subject to paragraph 11.8(2)(a);
Community Centre;
Community Policing Office;
Day Care Centre;
Dwelling Unit, subject to paragraph 11.8(2)(b);
Financial Service;
Garden Suite, subject to section 9.8;
Grocery Store;
Health and Fitness Facility;
Home Occupation, subject to section 9.9;
Library;
Medical Clinic;
Personal Service;
Pet Grooming;
Part 11: Commercial Zones -- Mixed Commercial (CM) Zone Page J 170
351
Place of Worship;
Private Club;
Restaurant;
Retail General;
Secondary Suite, subject to section 9.13;
Service and Repair, Household;
Supportive Housing, subject to section 9.14;
Veterinary Clinic;
The existing use described in Schedule E: Exceptions, of each lot respectively,
identified therein as being located in the CM zone.
11.8(2) Conditions of Use
(a) A Business Office permitted in subsection 11.8(1) shall not exceed 3,000 square
metres in gross floor area.
(b) A Dwelling Unit permitted in subsection 11.8(1):
(i) Shall not be located below the second storey of the building;
(ii) Shall have its main access from inside the building at ground level;
(iii) Shall not share an internal hallway or entrance with any commercial use in
the building; and
(iv) Notwithstanding subparagraphs (i) and (ii), a Dwelling Unit may be located
below the second storey and the main access may be directly from outside
the building at ground level when the building is located on a lot that is
within 30 metres from a Residential zone.
(c) Any commercial use permitted in subsection 11.8(1):
(i) Shall be located below the second storey of any building orientated toward
the street; and
(ii) Subject to paragraph (a), the same commercial use mentioned in
subparagraph (1) may be extended above the first storey provided at least
one Dwelling Unit remains in the building.
Part 11: Commercial Zones — Mixed Commercial (CM) Zone Page 1 171
352
11.8(3) Zone Standards
(a)
Minimum Lot Area
square metres
(b)
Minimum Lot Frontage
metres
(c)
Minimum Lot Depth
r
metres
(d)
Minimum Front Yard
metres
(e)
Maximum Front Yard
metres
{f) Minimum Rear Yard:
Abutting a Residential zone metres
Other metres
(g) Minimum Side Yard:
Part 11: Commercial Zones — Mixed Commercial (CM) Zone Page 1 172 is
353
Abutting a Residential zone
metres
Other
metres
(h)
Minimum Flankage Yard
metres
(i)
Minimum Building Height
storeys
(j)
Maximum Building Height
metres
(k)
Buildings shall have a prominent entrance orientated toward a street.
(1)
No parking or outdoor display area shall be permitted within a required
setback.
(m)
Maximum Lot Occupancy
percent
(n)
Other Requirements
in
accordance
Gerieral
Provisions,
Part 11: Commercial Zones — Mixed Commercial (CM) Zone Page 1 172 is
353
354
11.9 Local Commercial (CL) Zone
Municipal Plan Context
S
The Local Commercial (CL) zone
accommodates limited daily commercial
convenience needs for surrounding
residential neighbourhoods and may
include dwelling units. The built form is
characterized by buildings similar in scale
to the surrounding neighbourhood.
The Local Commercial (CL) zone is
intended for land inside of the Primary Development Area that is designated Stable
Residential Area or Low Density Residential. However, land in other appropriate
designations could be zoned CL.
11.9(1) Permitted Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following provided no drive -thru facility is included:
Artist or Craftsperson Studio;
Bakery;
Bed and Breakfast;
Business Office, subject to paragraph 11.9(2)(a);
Community Policing Office;
Day Care Centre;
Dwelling Unit, subject to paragraph 11.9(2)(b);
{ Garden Suite, subject to section 9.8;
Grocery Store;
Home Occupation, subject to section 9.9;
Library;
Medical Clinic;
Personal Service;
Pet Grooming;
Restaurant;
• Retail Convenience;
Part 11: Commercial Zones — Local Commercial (CL) Zone Page 173
355
Secondary Suite, subject to section 9.13;
Service and Repair, Household;
Supportive Housing, subject to section 9.14;
Veterinary Clinic;
The existing use described in Schedule E; Exceptions, of each lot respectively,
identified therein as being located in the CL zone.
11.9(2) Conditions of Use
(a) A Business Office permitted in subsection 11.9(1) shall not exceed 3,000 square
metres in gross floor area.
(b) A Dwelling Unit permitted in subsection 11.9(1) shall not share an internal hallway
or entrance with any commercial use in the building.
11.9(3) Zone Standards
(a)
Minimum Lot Area
.
square metres
(b)
Minimum Lot Frontage
metres
(c)
Minimum Lot Depth
metres
(d)
Minimum Front Yard
metres
(e)
Maximum Front Yard
metres
(f)
Minimum Rear Yard:
Abutting a Residential zone
metres
Other
metres
(g)
Minimum Side Yard:
Abutting a Residential zone metres
Other metres
(h) Minimum Flankage Yard metres
Part 11: Commercial Zones — Local Commercial (CL) Zone Page J 174
356
(i) Minimum Building Height storeys
fit Maximum Building Height metres
(k) The maximum gross floor area for any use shall be 500 square metres.
(1) Buildings shall have a prominent entrance orientated toward a street.
(m) No parking or outdoor display area shall be permitted within a required
setback.
(n) Maximum Lot Occupancy percent
(o) Other Requirements
Part 11: Commercial Zones— Local Commercial (CL) Zone Page 1175 a
357
358
11.10 Adult Entertainment (CAE) Zone
Municipal Plan Context
S The Adult Entertainment (CAE) zone permits adult oriented commercial uses subject to a
minimum distance separation of 100 metres from any Residential zone.
The Adult Entertainment (CAE) zone is intended for land inside the Primary Development
Area in an appropriate designation.
11.10(1) Permitted Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following provided no drive -thru facility is included and the lot is a minimum
distance of 100 metres from any Residential zone:
Accommodation;
Adult Entertainment Facility;
Bar, Lounge, or Nightclub;
Massage Parlour.
11.10(2) Zone Standards
(a)
Minimum Lot Area
square metres
(b)
Minimum Lot Frontage
metres
(c)
Minimum Lot Depth
metres
(d)
Minimum Front Yard
metres
(e)
Minimum Rear Yard
metres
(f)
Minimum Side Yard
metres
(g)
Minimum Flankage Yard
metres
(h)
Minimum Building Height
storeys
(i)
Maximum Building Height
metres
Part 11: Commercial Zones — Adult Entertainment (CAE) Zone Page 1176
359
(j) The maximum gross floor area for any use shall be 1,000 square metres.
(k) No parking or outdoor display area shall be permitted within a required
setback.
(1) Maximum Lot Occupancy = percent
(m) Other Requirements , , .
Part 11; Commercial Zones — Adult Entertainment (CAE) Zone Page 1177
360
11.11 Rural General Commerciai (CRG) Zone
Municipal Plan Context
The Rural General Commercial (CRG) zone
accommodates small to medium sized
commercial needs serving surrounding
rural areas, and is characterized by one or
several small -scale buildings and or strip
malls. 'L•.i��Pl� �� a
The Rural General Commercial (CRG) zone I — --
is intended for land outside of the Primary i
Development Area that is designated Rural Settlement Area or Rural Residential. However,
land in other appropriate designations could be zoned CRG.
11.11(1) Permitted Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following:
Artist or Craftsperson Studio;
Bakery;
Banquet Hall;
Bed and Breakfast;
Business Office, subject to paragraph 11.11(3)(a);
Community Centre;
Community Policing Office;
Contractor Service, Household;
Day Care Centre;
Dwelling Unit, subject to paragraph 11.11(3)(b);
p Financial Service;
Garden Suite, subject to section 9.8;
Grocery Store;
Health and Fitness Facility;
Home Occupation, subject to section 9.9;
Library;
• Medical Clinic;
Part 11: Commercial Zones — Rural General Commercial (CRG) Zone Page 1178 .. K
361
Personal Service;
Pet Grooming;
Place of Worship;
Private Club;
Restaurant;
Retail General;
Secondary Suite, subject to section 9.13;
Service and Repair, Household;
Service Station, subject to paragraph 11.11(3)(c);
Supportive Housing, subject to section 9.14;
Technical or Vocational School;
Vehicle Repair Garage, subject to paragraph 11.11(3)(d);
Vehicle Sales, Incidental;
Veterinary Clinic;
The existing use described in Schedule E: Exceptions, of each lot respectively,
identified therein as being located in the CRG zone.
11.11(2) Conditional Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following subject to such terms and conditions as may be imposed by the
Committee:
Parking Lot, Commercial, subject to paragraph 11.11(3)(e).
11.11(3) Conditions of Use
(a) A Business Office permitted in subsection 11.11(1) shall not exceed 3,000 square
metres in gross floor area.
(b) A Dwelling Unit permitted in subsection 11.11(1) shall not share an internal hallway
or entrance with any commercial use in the building.
(c) A Service Station permitted in subsection 11.11(1) shall be subject to the following:
(i) Any vehicle access for the Service Station shall not be closer than 30 metres
from an access for a main building in a Community Facility or Residential
zone;
Part 11: Commercial Zones — Rural General Commercial (CRG) Zone Page ra
362
Part 11: Commercial Zones— Rural General Commercial (CRG) Zone Page 1180
363
(ii) No Dwelling Unit shall be located in any portion of the building containing
the Service Station;
(iii) The fuel pump island shall not be located closer than 7.5 metres to a front
or flankage lot line; and
(iv) The lot where the Service Station is located shall not be adjacent to a lot
zoned Residential and on the same street.
(d)
A Vehicle Repair Garage permitted in subsection 11.11(1) shall not be located
adjacent to a Residential zone.
5j (e)
A Commercial Parking Lot permitted in subsection 11.11(2) shall not be developed
on a lot located in the Uptown Parking Exemption Area, as defined by Schedule C of
this By -law, which contained a main building on the date this By -law was enacted.
11.11(4) Zone Standards
(a)
Minimum Lot Area square metres
(b)
Minimum Lot Frontage metres
(c)
Minimum Lot Depth metres
(d)
Minimum Front Yard metres
(e)
Minimum Rear Yard:
Abutting a Residential zone metres
Other metres
(f)
Minimum Side Yard:
Abutting a Residential zone metres
Other metres
(g)
Minimum Flankage Yard metres
Part 11: Commercial Zones— Rural General Commercial (CRG) Zone Page 1180
363
(h) Minimum Building Height =: storeys
(i) Maximum Building Height metres
(j) The maximum gross floor area for any use shall be 1,000 square metres.
(k) No parking or outdoor display area shall be permitted within a required
setback.
(1) Maximum Lot Occupancy percent
(m) Other Requirements In acrordan
General Provisions,-
Part 11: Commercial Zones— Rural General Commercial (CRG) Zone �
Page 181
364
Titlel
Zcmes and Adrniflni-,-"Lration
ota n;. t. io i i S
General Provisions: Access, Parking, and Lca&y. rTg
General Prcvisifons: Accessory Buildings and StruFr.-lures 5
General Prov;sioms: Land'scaping e,
40%
Cneneral Provislons: 51gnsr '7
General Provisicns: Other Standards 8
General Provisicns: Uses Perini l6ft'ed in Multiple Zones I �']'
Residential Zones ?.0 ie'f
Commercial Zones 11
Industrial Zones 12
10.1ommunitly Facility Zones I B;
Other Zones 14
365
366
1.2 Industrial ?ores
The following Table 12 -1 is intended to provide a general list of the uses allowed in the Industrial
zones. This table is provided for convenience only and reference should be made to each zone
for a complete list of permitted uses, conditional uses, conditions of use, zone standards, as well
as to the General Provisions of this By -law.
Use
Air Transport Facility
Animal Shelter
Asphalt Plant
Auction Facility
Bulk Fuel Storage Depot
Business Support Service
Caretaker Dwelling
Car Wash
Cement Plant
Composting Facility
Concrete Plant
Contractor Service, Household
Crushing and Washing of Aggregates
Distribution Facility
Electrical Generation Station
Equipment Sales and Rental, Heavy
Excavation of Deposits
Fleet Service
General Contractor Service
Government or Utility Works Depot
Harbour Facility
Heavy Industrial Use
Kennel
Landfill
Landscape Material Supply
Light Industrial Use
Marshalling Yard
Table 12 -1
Zone Permitted
�I
mum
Ili
IL IM
1H
IH
f 1. Mt+,+J
JL 0 tto
JL Im
IH
�'F_T�.
US
fi
�
UAL
�� ry
Part 12: Industrial Zones Page 1 182 ,�►
367
Medium industrial Use
Office and Storage Buildings
Outdoor Storage
Parking/Storage of Trucks & Heavy Equipment
Pit
Quarry
Recreational Vehicle Sales and Service, Large
Recreational Vehicle Sales and Service, Small
Recycling Facility
Redemption Centre
Research and Development Facility
Sales Centre, Model Home
Scrap or Salvage Yard
Screening of Aggregates
Self - Storage Facility
Service and Repair, Industrial
Special Industrial Use
Storage of Aggregates, Topsoil & Overburden
Topsoil Removal
ON
Towing Service
Transportation Depot
Transportation Terminal
Utility Distribution Structure, Major
Vehicle Body and Paint Shop
Vehicle Sales, Incidental
@�
Warehouse Facility
Wastewater Treatment Facility
Water Treatment Facility
Weigh Scales
Part 12: Industrial Zones
.:
t
fi
Pius
C us
USl
USL
Page 1 183
3.2.1 Light Industrial (IL) Zone
Municipal Plan Context
The Light Industrial (IL) zone
accommodates a broad range of
compatible light industrial uses that may
include limited outdoor storage, and
where any nuisance should not exist
outside of a building.
The Light Industrial (IL) zone is intended -k- -4t
X�
for land inside of the Primary
Development Area that is designated Light industrial Area. However, land in other
appropriate designations could be zoned IL.
12.1(1) Permitted Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following, which may include outdoor storage as an accessory or secondary use,
subject to paragraph 12.1(2)(a):
4 Animal Shelter;
Business Support Service;
Car Wash;
Contractor Service, Household;
Distribution Facility;
Equipment Sales and Rental, Heavy;
Fleet Service;
Kennel;
Landscape Material Supply-
-- Light Industrial Use,
o Recreational Vehicle Sales and Service, Large;
Recreational Vehicle Sales and Service, Small;
Redemption Centre, subject to paragraph 12.1(2)(b);
Research and Development Facility;
Sales Centre, Model Home;
L Self- Storage Facility;
` L-
Part 12: Industrial Zones — Light Industrial (IL) Zone Page ( 184 '=
369
Special Industrial Use;
Vehicle Body and Paint Shop;
Vehicle Sales, Incidental;
Warehouse Facility;
The existing use described in Schedule E: Exceptions, of each lot respectively,
identified therein as being located in the IL zone.
12.1(2) Conditions of Use
(a) Outdoor Storage as an accessory or secondary use to a main use permitted in
subsection 12.1(1) shall be subject to the following:
(i) The yard shall not occupy any required front or flankage yard or any area
required for parking;
(ii) The yard shall be completely enclosed by a solid board -on -board fence or a
chain -link fence entirely covered by filler strips woven into the mesh or a
walled structure or a berm, or any combination thereof, having a minimum
height of 2 metres and including any gate constructed in the same manner
and height as the enclosure;
(iii) Notwithstanding the above, the yard may instead be screened in
accordance with paragraph 6.1(j), or by any combination of permitted
structures, berms and landscaping; and
(iv) When the yard is developed within 15 metres of an abutting lot in a
Residential zone, the yard shall also be in accordance with section 5.5.
(b) A Redemption Centre permitted in subsection 12.1(1) shall be wholly contained
within a building and not have any outdoor storage associated with the use.
12.1(3) Zone Standards
(a) Minimum Lot Area
(b) Minimum Lot Frontage
(c) Minimum Lot Depth
(d) Minimum Front Yard
Part 12: Industrial Zones — Light Industrial (IL) Zone
370
square metres
t
_V ° metres
metres
metres
�- Page 185 �
(e) Minimum Rear Yard:
Abutting a Residential zone
Other
(f) Minimum Side Yard:
Abutting a Residential zone
Other
(g) Minimum Flankage Yard
(h) Maximum Building Height
(i) Maximum Lot Occupancy
(j) Other Requirements
metres
metres
metres
metres
metres
metres
Percent of the lot
Provisions, Farts 4.9
AN
Part 12: Industrial Zones `Light Industrial (IL) Zone Page 1 186
371
372
12.2
Medium Industrial (IM) Zone
Municipal Plan Context
The Medium Industrial (IM) zone
accommodates a broad range of
compatible medium industrial uses, some
of which may have outdoor storage or 4 z
activities, and where any nuisance or risk
factor should not extend beyond the
boundaries of the lot.
The Medium Industrial (1M) zone is
intended for land inside of the Primary Development Area that is designated Heavy J
Industrial Area. However, land in other appropriate designations could be zoned IM.
12.2(1) Permitted Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following, which may include outdoorstorage as an accessory, secondary or main
use subject to paragraph 12.2(2)(x):
Animal Shelter;
Auction Facility;
Business Support Service;
Car Wash;
Contractor Service, Household;
Distribution Facility;
Equipment Sales and Rental, Heavy;
Fleet Service;
General Contractor Service;
Kennel;
Landscape Material Supply;
Light Industrial Use;
Medium Industrial Use;
Outdoor Storage, subject to paragraph 12.2(2)(a);
Recreational Vehicle Sales and Service, Large;
r Recreational Vehicle Sales and Service, Small;
Part 12: Industrial Zones — Medium Industrial (IM) Zone
373
Page 187
Recycling Facility;
Redemption Centre;
Research and Development Facility;
C, Sales Centre, Model Home;
Scrap or Salvage Yard, subject to paragraph 12.2(2)(b);
Self- Storage Facility;
Service and Repair, Industrial;
Special Industrial Use;
a Towing Service;
Transportation Depot;
o Vehicle Body and Paint Shop;
Vehicle Sales, Incidental;
Warehouse Facility;
The existing use described in Schedule E: Exceptions, of each lot respectively,
identified therein as being located in the IM zone.
12.2(2) Conditions of Use
(a) Outdoor Storage permitted as a main use in subsection 12.2(1), or as an accessory
or secondary use to a main use permitted in subsection 12.2(1), shall be subject to
the following:
0) The yard shall not occupy any required front or flankage yard or any area
required for parking;
(ii) The yard shall be completely enclosed by a solid board -on -board fence or a
chain -link fence entirely covered by filler strips woven into the mesh or a
walled structure or a berm, or any combination thereof, having a minimum
height of 2 metres and including any gate constructed in the same manner
and height as the enclosure;
(iii) Notwithstanding the above, the yard may instead be screened in
accordance with paragraph 6.1(j), or by any combination of permitted
structures, berms and landscaping; and
(iv) When the yard is developed within 15 metres of an abutting lot in a
Residential zone, the yard shall also be in accordance with section 5.5.
Part 12: Industrial Zones— Medium Industrial (IM) Zone Page 1 188
374
(b) A Scrap or Salvage Yard permitted in subsection 12,2(1) shall be subject to the
following:
(i) The yard shall not occupy any required front or flankage yard or any area
required for parking;
(ii) The yard shall be completely enclosed by a solid board -on -board fence or a
chain -link fence entirely covered by filler strips woven into the mesh or a
walled structure or a berm, or any combination thereof, having a minimum
height of 2 metres and including any gate constructed in the same manner
and height as the enclosure; and
(iii) Notwithstanding the above, the yard may instead be screened in
accordance with paragraph 6.10), or by any combination of permitted
structures, berms, and landscaping.
12.2(3) Zone Standards
(a)
Minimum Lot Area
r, s' f,;
square metres
(b)
Minimum Lot Frontage
L
metres
(c)
Minimum Lot Depth
-
metres
(d)
Minimum Front Yard
metres
(e)
Minimum Rear Yard:
Abutting a Residential zone
i
-_
metres
Other
'v
metres
(f)
Minimum Side Yard:
Abutting a Residential zone
Other
(g) Minimum Flankage Yard
metres
metres
metres
Part 12: Industrial Zones— Medium Industrial (IM) Zone
375
Page 1 185
(h) Maximum Building Height
(i) Maximum Lot Occupancy
(j) Other Requirements
Part 12: Industrial Zones — Medium Industrial (IM) Zone
376
metres
percent of the lot
ML
Page 1 190
=2.3 Heavy Industrial (IH) Zane
Municipal Plan Context
S The Heavy Industrial (IH) zone
accommodates large -scale heavy
industrial uses with outdoor storage and
activities, and where nuisance or risk
factors are expected to extend beyond the
boundaries of the lot.
Due to their nature, heavy industrial uses
are incompatible with Light Industrial uses
and should be adequately separated from all non - industrial uses. Therefore, this zone is
intended for land situated within the interior of larger industrial areas or appropriate rural
areas where separation can be provided to ensure public safety.
The Heavy Industrial (IH) zone is intended for land inside or outside of the Primary
Development Area that is designated Heavy Industrial Area. However, land in other
appropriate designations could be zoned IH.
12.3(1) Permitted Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following, which may include outdoor storage as an accessory, secondary or main
use subject to paragraph 12.3(2)(a):
Q Air Transport Facility;
Asphalt Plant;
* Auction Facility;
Bulk Fuel Storage Depot;
Cement Plant;
Concrete Plant;
Electrical Generation Station;
General Contractor Service;
Harbour Facility;
Heavy Industrial Use;
Marshalling Yard;
R Medium Industrial Use;
Part 12: Industrial zones — Heavy Industrial (1H) zone
377
Page 1191
Outdoor Storage, subject to paragraph 12.3(2)(a);
Recycling Facility;
Scrap or Salvage Yard, subject to paragraph 12.3(2)(b);
Service and Repair, Industrial;
* Towing Service;
Transportation Depot;
* Transportation Terminal;
The existing use described in Schedule E: Exceptions, of each lot respectively,
identified therein as being located in the IH zone.
12.3(2) Conditions of Use
(a) Outdoor Storage permitted as a main use in subsection 12.3(1) or as an accessory or
secondary use to a main use thereof, shall be subject to the following when located
less than 150 metres from a street:
(i) The yard shall not occupy any required front or flankage yard or any area
required for parking;
(ii) The yard shall be completely enclosed by a solid board -on -board fence or a
chain -link fence entirely covered by filler strips woven into the mesh or a
walled structure or a berm, or any combination thereof, having a minimum
height of 2 metres and including any gate constructed in the same manner
and height as the enclosure;
(iii) Notwithstanding the above, the yard may instead be screened in
accordance with paragraph 6.10), or by any combination of permitted
structures, berms and landscaping; and
(iv) When the yard is developed within 15 metres of an abutting lot in a
Residential zone, the yard shall also be in accordance with section 5.5.
(b) A Scrap or Salvage Yard permitted in subsection 12.3(1) shall be subject to the
following:
(i) The yard shall not occupy any required front or flankage yard or any area
required for parking;
(ii) The yard shall be completely enclosed by a solid board -on -board fence or a
chain -link fence entirely covered by filler strips woven into the mesh or a
Part 12: Industrial Zones — Heavy Industrial (IH) Zone Page ) 192
378
379
1
walled structure or a berm, or any combination thereof, having a minimum
height of 2 metres and including any gate constructed in the same manner
and height as the enclosure; and
(iii) Notwithstanding the above, the yard may instead be screened in
accordance with paragraph 6.10), or by any combination of permitted
structures, berms, and landscaping.
12.3(3) Zone
Standards
(a)
Minimum Lot Area:
For a Volatile Heavy Industrial Use a square metres
Other r square metres
(b)
Minimum Lot Frontage:
For a Volatile Heavy Industrial Use metres
Other metres
(c)
Minimum Front Yard:
For a Volatile Heavy Industrial Use metres
For an Offensive Heavy Industrial Use metres
Other metres
(d)
Minimum Rear Yard:
For a Volatile Heavy Industrial Use:
Where the rear lot line does not abut an metres
Industrial zone
Where the rear lot line does abut an metres
Industrial zone
Other metres
For an Offensive Heavy Industrial Use:
Part 12: Industrial
Zones Heavy Industrial
— (11-1) Zone Page 193
379
Where the rear lot line does not abut an metres In
Heavy Industrial (IH) Zone Page 194
380
Industrial zone
Where the rear lot line does abut an � metres
Industrial zone
Other � metres
(e) Minimum Side Yard:
For a Volatile Heavy Industrial Use:
Where the side lot line does not abut an
Industrial zone � metres
Where the side lot line does abut an
Industrial zone
� metres
Other � metres
For an Offensive Heavy Industrial Use:
Where the side lot line does not abut an � metres
Industrial zone
Where the side lot line does abut an
Industrial zone metres
Other � metres
(f) Minimum Flankage Yard:
For a Volatile Heavy Industrial Use � metres
For an Offensive Heavy Industrial Use metres
Other � metres
(g) Maximum Lot Occupancy � percent of the lot
(h) Other Requirements , _
Part 12: Industrial Zones --
32.4 Pit and Quarry (PQ) Zone
Municipal Plan Context
t '.
The Pit and Quarry (PQ) zone ,
Y
,•:
accommodates resource extraction
activities. These uses may include
excavation of sand, gravel, clay, shale,
limestone, or other aggregate deposits. *•._ 1
Rehabilitation of these sites is a
requirement of this zone.'{ s
Pit or quarry operations are not 3
considered permanent uses and these properties are intended to be rezoned back to an
appropriate zone once a pit or quarry has been exhausted and rehabilitated.
The Pit and Quarry (PQ) zone is mainly intended for land outside of the Primary
Development Area that is designated Rural Resource Area. However, land in other
appropriate designations could be zoned PQ.
12.4(1) Permitted Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following:
Excavation of sand, gravel, clay, shale, limestone, or other deposits;
Pit;
Quarry;
Topsoil Removal;
The existing use described in Schedule E: Exceptions, of each lot respectively,
identified therein as being located in the PQ zone.
The above main uses may also include any of the following as an accessory or
secondary use:
Caretaker Dwelling;
Crushing and Washing of Aggregates;
Office and Storage Buildings;
Parking and Storage of Trucks and Heavy Equipment;
Screening of Aggregates;
Part 12: Industrial Zones— Pit and Quarry (PQ) Zone I
Page a 195 s
381
Ll Storage of Aggregates, Topsoil, and Overburden;
Weigh Scales.
12.4(2) Prohibition of Excavation
Any excavation permitted in subsection 12.4(1) undertaken for the purposes of sale or other
commercial use is prohibited until a permit in accordance with subsection 12.4(8) has been
obtained.
12.4(3) Zone Standards: Setbacks
(a) Subject to paragraph 12.4(4)(c), the minimum distances stipulated herein shall be
maintained between any excavation upon land with respect to which a permit has
been issued and the following:
(iv) Lot Line of the Excavation 30 metres 30 metres 30 metres
Site
(v) Other zones 50 metres 30 metres 50 metres
(b) No building, structure, or storage or repair area in connection with the excavation
may be located within 30 metres in the case of a gravel pit, or 50 metres in the case
of a Quarry, of a public street or an adjacent zone other than an IL zone, IM zone, Iii
zone, or PQ zone.
(c) Notwithstanding subparagraph (a)(iii), no excavation shall take place within seven
and one -half (7.5) metres at the ground line of the poles of a power transmission
line tower, with a slope of not less than one and one -half (1Y2) metres horizontal to
one (1) metre vertical away there from.
Part 12: Industrial Zones — Pit and
Quarry (PQ) Zone �a Page 1 195
382
Minimum
Minimum
Distance
Minimum
Distance
From a
Distance
From a
Quarry
From a Pit
Crusher
(i) Public Water Supply
600 metres
150 metres
150 metres
(ii) Residentially zoned lot or
dwelling present at the time
of the application to rezone
200 metres
150 metres
200 metres
for a pit or quarry
(iii) Public Street
30 metres
30 metres
30 metres
(iv) Lot Line of the Excavation 30 metres 30 metres 30 metres
Site
(v) Other zones 50 metres 30 metres 50 metres
(b) No building, structure, or storage or repair area in connection with the excavation
may be located within 30 metres in the case of a gravel pit, or 50 metres in the case
of a Quarry, of a public street or an adjacent zone other than an IL zone, IM zone, Iii
zone, or PQ zone.
(c) Notwithstanding subparagraph (a)(iii), no excavation shall take place within seven
and one -half (7.5) metres at the ground line of the poles of a power transmission
line tower, with a slope of not less than one and one -half (1Y2) metres horizontal to
one (1) metre vertical away there from.
Part 12: Industrial Zones — Pit and
Quarry (PQ) Zone �a Page 1 195
382
12.4(4) Zone Standards: Access
(a) Every private access shall be located a minimum of 30 metres from the lot lines of
the pit or quarry.
(b) Every private access shall be paved for the first 30 metres from its intersection with
a public street.
(c) Where one or more residential dwellings are present within 150 metres of the
private access, that portion of the private access shall be paved unless:
(i) The dwelling or dwellings are owned by the owner of the pit or quarry
served by the said private access; or
(ii) There exists either a natural treed screen having a minimum depth of 30
metres and a minimum height of 4 metres or a natural topographic feature
having a minimum of 4 metres in height or a man -made landscaped berm
having a minimum height of 4 metres located between the said private
access and the said residential dwelling or dwellings extending 25 metres
further on either side.
(d) Every private access created subsequent to the coming into force of this subsection
and which has a length greater than 50 metres shall be constructed in a curved
fashion to prevent direct visibility of the excavation site and operation from the
public street at its intersection with the private access.
(e) Every private access to a pit or quarry shall have a gate at the entrance within 20
metres of the public street. The gate shall be locked when the pit or quarry is not
actively in operation.
12.4(5) Zone Standards: Hours of operation
Excavation of land and related activities involving the use of heavy equipment and crushing
equipment shall only be carried on between the hours of 7:00 o'clock in the forenoon and
8:00 o'clock in the afternoon of each day, except on holidays as defined in the Provincial
Interpretation Act when no excavation of land is permitted.
Part 12: Industrial Zones — Pit and quarry (PQ) Zone!
383
Page ; 197
12.4(6) Zone Standards: Screening
(a) A treed buffer at a minimum of 30 metres in depth and a minimum of 4 metres in
height or a topographic feature a minimum of 4 metres in height shall surround the
excavation site with the exception of an area for an approved access. if trees do not
exist in quantities to adequately screen the visibility of the operation from a public
street or adjacent residential properties, the applicant shall construct a treed and
landscaped berm 4 metres in height to visually screen the excavation site and
associated activities.
(b) The location of buffers, present or proposed, shall be identified on the applicant's
site plan(s) and the treed buffer(s) shall be in place prior to the start of excavation of
the aggregate resource. On -site material may be used for constructing buffers and
berms.
12.4(7) Site Rehabilitation
The land with respect to which a permit has been issued shall be rehabilitated in a
progressive manner in accordance with subsection 12.4(11).
12.4(8) Permit Application
A person seeking to obtain a permit shall be the owner or agent of the land proposed to be
excavated and shall make application in writing to the Building Inspector in a form
prescribed by the Building Inspector and such application signed by the applicant shall:
(a) Record the name and address of the applicant and the location of the proposed
excavation;
(b) Contain a statement indicating the purpose of the work to be carried on and the
portion of land where excavation will commence or is in progress, the order of
sequence for excavating the balance of the land and the intended use of the land
after excavation has ceased;
(c) Contain a statement of the estimated volume of material in cubic metres proposed
to be excavated during the term of the excavation permit;
(d) Include the owners express consent to the entry upon the land which is the subject
of the application by The City of Saint John and anyone authorized by it including its
servants, agents, employees, and workmen, whether by foot or by vehicle, together
with the equipment to be used for the purpose of rehabilitating that land in
Part 12: Industrial Zones — Pit and Quarry (PQ) Zone
:M
Page 198
accordance with the provisions of this By -law in the event the owner has failed to do
so within the time limits stipulated herein;
(e) State the estimated dates of commencement and duration of the excavation;
(f) Indicate the probable maximum depths and maximum slopes of the proposed
excavation at the end of the term of the permit for which the application is made;
(g) Indicate the ultimate depth, elevations, and grades of the excavation shall be
subject to any applicable requirements of the Building Inspector for future streets
and water and sewer lines;
(h) Set out the controls and methods to be employed in preventing the emission of
smoke, dust, odours, toxic materials, vibrations, and noise including:
M All blasting to be monitored to ensure compliance by a professional
engineer;
(ii) All blasting to be designed, loaded, supervised, and initiated by a Category I
blaster as certified under the "Apprenticeship and Occupational
Certification Act ";
NO All blasting operations to conform to the latest version of the "General
Regulation — Occupational Health and Safety Act" with particular attention
to Parts "XII- Explosives" and "XIV -Pits and Quarries;"
(i) Include one or more plans drawn to a scale of not less than 1 to 1000 by a
professional engineer, landscape architect, planner, or surveyor. These plan(s) shall
show the phased development of a pit or quarry for a period of 1 to 5 years and
shall indicate the following:
M The boundaries of the property with respect to which the application is
made, and its relation to current streets and other properties;
(ii) Current topography at no more than 2 metre contour intervals, or spot
elevations or cross sections with a vertical scale of 1 to 100, or a
combination thereof, where 2 metre contour intervals are not available;
(iii) Location of present natural watercourses and drainage areas as at the
seasonal spring peak flow period;
(iv) Location of present power transmission line towers and other structures;
Part 12: Industrial Zones — Pit and Quarry (PQ) Zone Page , 19F.
385
(v) An outline of the area to be excavated;
NO The location of proposed watercourses and drainage, including lakes, ponds
and retention areas;
(vii) The proposed location of any buildings, scale house, equipment, equipment
storage area, and equipment repair sheds or areas;
(viii) The location of protective fencing if required by the Building Inspector;
(ix) The location of entrances and exits to the site of the proposed excavation
and gates, if any;
(x) The location of traffic routes to and from the area to be excavated;
(xi) The location and size of signs erected or proposed to be erected within the
site of the proposed excavation and gates, if any;
(xi!) The depth of the current water table;
(xiii) The method of achieving a closed loop drainage system at the excavation
area, but if a closed loop system cannot be achieved, illustrate on the site
plan(s) and have evidence that the Provincial or Federal approval authority
has approved an alternative drainage system;
(xiv) The location of a present or proposed water source for use in dust control
measures subject to paragraph 12.4(10)(f);
(xv) The location of storage area(s) for hazardous materials as defined by the
Provincial Hazardous Materials Act;
(xvi) The location of storage areas for explosive materials;
(xvii) The location of proposed treed berms and natural treed buffers to be
retained for screening;
(xviii) The location of storage areas for topsoil and overburden to be used in
rehabilitation;
(j) Where the application is for a permit relating to a pit or quarry proposed to be
opened subsequent to the coming into force of this subsection, a statement from a
professional engineer or hydrologist identifying the depth of the current water table
Part 12: Industrial Zones— Pit and Quarry (PQ) Zone' Pagel 200
09
at the location of the proposed excavation, as well as their opinion respecting the
effect, if any, of the proposed excavation upon that water table level on adjacent
properties not owned by the applicant;
(k) Where an application for a permit relating to an current pit or quarry site proposes
to increase the depth of excavation on that site, a statement from a professional
engineer or hydrologist identifying the depth of the current water table at the
location of the proposed excavation, as well as their opinion respecting the effect, if
any, of the proposed excavation upon that water table level;
(1) An application for a permit shall be accompanied by one or more plans, other than
those mentioned in paragraph (i) drawn to a scale by the professionals mentioned in
that paragraph, indicating the proposed method of rehabilitation of the excavation
area according to the provisions of this By -law and setting out:
(i) The proposed grading at not more than 2 metre contour intervals or by
cross - sections with a horizontal scale of 1 to 1000 and a vertical scale of 1 to
100 or any combination of these including the slopes for the end of the term
for which the permit is being sought;
(ii) The location, quantity and type of trees, planting, hydro- seeding, or other
ground cover materials to be used including the type and depth of soil to be
used on the berms for the purposes of establishing vegetation;
(iii) Details of all items and features pertaining to improvement and
preservation of the land, including any retaining wall;
(iv) The estimated dates of commencement and completion of such
rehabilitation, the portion of land on which it will commence and the order
and the time schedule for rehabilitation of the balance of the site; and
(m) Each application for a permit shall be accompanied by a fee of one thousand and
one hundred dollars.
12.4(9) Permit
(a) Subject to paragraph (c), the Building Inspector shall issue a permit where:
(i) An application under this section has been received; and
Part 12: Industrial zones — Pit and Quarry (PQ) Zone
387
Page J 201
M]
(c)
(ii) The applicant has deposited with the Building Inspector security in
accordance with paragraph (e) satisfactory to the Building Inspector and;
(iii) The proposed excavation and rehabilitation of the land for which a permit
has been sought has been approved by the Development Officer as
conforming with all requirements of this By -law; and
(iv) The fee set out in paragraph 12.4(8)(m) has been paid.
A permit is valid from the date of its issuance until the earlier of:
(i) December 31st of the same year; or
(ii) The date of the registration in the Saint John County Registry Office of aj
deed conveying title to the land in question from the applicant.
(iii) In the event a permit terminates due to the conveyance of the land in
question, the Building Inspector shall issue, without fee, a new excavation
permit for the remainder of the calendar year if the new owner delivers to
the Building Inspector:
(A) Security in accordance with the requirements of paragraph (e); and
(B) A written statement that in consideration of the Building Inspector's
issuing an excavation permit the new owner consents to the entry
upon the land in question by The City of Saint John and anyone
authorized by it, including its servants, agents, employees, and
workmen, whether by foot or by vehicle, together with the
equipment to be used for the purpose of rehabilitating that land in
accordance with the provisions of this section in the event the
owner has failed to do so within the time limit stipulated herein.
A permit shall:
(i) Be in the form prescribed by the Building Inspector;
(ii) Be signed by the Building Inspector;
NO Indicate the purpose of the work to be carried on; and
Part 12: Industrial Zones — Pit and quarry (Prl) Zone
Page i 202
(iv) Set out any controls or measures, which in the opinion of the Building
Inspector, shall be employed in the operation, including any conditions that
may have been imposed by Council upon the rezoning of the site.
(d) No permit may be issued under paragraph (b) if:
(i) The proposed work would:
(A) Create a hazard to human life;
(B) Endanger adjoining property;
(C) Adversely affect a public sewer, water main, watercourse, or street;
or
(D) Not meet the conditions of use set out in the zones that permit the
excavation use.
(ii) The land of the site is subject to geological instability or flood hazards to the
extent that, in the opinion of the Building Inspector, no reasonable amount
of corrective work could eliminate or sufficiently reduce the instability or
hazard.
(e) No permit may be issued under paragraph (b) until the applicant has deposited L.
security in the form of money, Letter of Credit, or a bond in favour of The City of
Saint John, in an amount determined by the Building Inspector to be adequate to
cover the estimated cost of rehabilitation of the land of the site in accordance with
the terms and time limits stipulated herein.
12.4(10) Permit Conditions
A permit under subsection 12.4(9) is subject to the following terms and conditions:
(a) Size of the Actively Excavated Area:
The actively excavated area(s) of a pit shall not exceed a cumulative ground area of
5 hectares at anytime. For greater certainty, an actively excavated area(s) does not
include an area of the site dedicated to an accessory or secondary use permitted in
the Pit and Quarry zone.
Part 12: Industrial Zones -- Pit and Quarry (PQ) Zone
:•
r�
Page 1203
a
(c)
(d)
Slope of Working Face:
(i) The slope of the working face of the excavation, other than in a quarry,
must not be steeper than one and one - quarter (1%) metres horizontal to
one (1) metre vertical for the full depth of the excavation;
(ii) Subject to paragraph (c), quarries are permitted to have a vertical working
face;
(iii) Any land which extends, projects or juts over or beyond the top, working
face of the excavation shall be knocked down and left in such condition at
the end of each working shift so as to prevent the danger of a fall by natural
or other causes;
(iv) Where an occasional operating condition results in a working face having a
slope steeper than the one and one - quarter (1Y) metre horizontal to one (1)
metre vertical prescribed under subparagraph (i), the owner of the land
being excavated shall bring or have the slope brought to at least that
prescribed within forty -eight (48) hours after notice to that effect from the
Building Inspector.
Protection at Vertical Slopes:
(i) Where the slope of the working face of a quarry is steeper than 1:1 (vertical:
horizontal) and the vertical height of the working face is greater than 3
metres, a combination of boulders and signage spaced along the perimeter
of the slope will be required. The boulders shall be no smaller than 1 metre
in size and spaced at maximum intervals of 2 metres. Signage warning of
the danger shall be placed at 15 metre intervals; and
(ii) Fencing may be required for all or a portion of the site if in the opinion of
the Building Inspector there is a greater chance that public safety is at risk.
Access:
Every private access serving a new or existing pit or quarry shall be maintained in 2.
reasonably dust free condition by paving, watering, or use of calcium chloride and
areas that are paved shall remain in a reasonably dust -free condition.
Part 12: Industrial Zones— Pit and Quarry (PQ) Zone
390
MAIL
Page 1204 Ow
IRW
(e) Water Table:
No excavation shall take place in a pit or quarry to lower the water table on land
adjacent to that for which an excavation permit has been issued. The ultimate
depth of the excavation shall be able to sustain the intended long -term uses of the
land as indicated.
(f) Water Source:
Every new or expanding pit or quarry must have an available natural or fabricated
source of water on -site sufficient to meet the requirements of the Provincial Clean
Environment Act before excavation can take place.
(g) Site Drainage:
All pits or quarries shall operate with a closed loop drainage system allowing no
water to leave the un- rehabilitated portion of the excavation area, or in accordance
with a drainage plan approved by the Provincial Department of the Environment
and Federal Department of Fisheries and Oceans.
(h) Property Lines:
The owner shall have the lot lines staked or marked as required by the Building
Inspector. The owner shall, if requested by the Building Inspector, provide one or
more reference benchmarks.
(i) Topsoil Removal:
Topsoil stripped from the site shall be stockpiled on -site in sufficient quantities for
use as an organic material to provide for the complete re- vegetation of the
disturbed areas of the site, but not including access roads. Removal of topsoil shall
not extend beyond the excavation area as approved for the current year of the
permit.
(j) Tree Cutting:
Tree cutting or the removal of other vegetation is not permitted to extend any
further than the excavation area for the current year of the permit, except as
necessary for an approved access road, as illustrated on the approved site plan.
Part 12: Industrial Zones — Pit and Quarry (PQ) Zone +� Pagel 205
391
12.4(11) Site Rehabilitation
(a) The owner of the land must commence the rehabilitation of the excavation area not
later than six months after the earlier of any one of the following situations arising:
(i) The excavation or any portion thereof has reached its maximum allowable
depth as well the minimum setback requirements set out in sections 12.4(3)
and 12.4(10); or
(ii) The abandonment of the pit or quarry. A pit or quarry is hereby deemed to
have been abandoned when four (4) months pass following the date an
excavation permit for the land was last valid;
(iii) The section of the excavation site is not required for other purposes related
to the operation;
(iv) The obligation to commence rehabilitation hereunder arises as often as any
of the situations identified in paragraph (a) occur with respect to the land
for which a permit has been issued.
(b) Every portion of the excavation area disturbed for the purposes of excavation or
associated activities, with the exception of the access road, shall be cleared of
debris, sloped in accordance with this By -law, and vegetation established in
accordance with the New Brunswick Department of Transportation's specifications
for hydro seeding. Exposed rock outcrops shall be considered natural features and
shall not be required to be vegetated.
(c) In the case of a gravel pit, the slope of the working face of the excavation shall be
rehabilitated so that it is not steeper than three (3) metres horizontal to one (1)
metre vertical for any portion of the depth of the excavation and be hydra - seeded
where appropriate.
(d) In the case of a quarry the working face of the excavation shall be rehabilitated so
that it is stepped with a vertical rise of not greater than 10 metres meeting a
horizontal plateau of not less than 3 metres in width. The horizontal plateaus shall
have vegetation established where possible in the opinion of the Building Inspector.
A consistent slope of no less than (2) metres horizontal to (1) metre vertical also
permitted.
(e) The top of the rehabilitated slope of an excavation must not be located within the
applicable minimum setback requirements as set out in subsection 12.3(3).
Part 12: Industrial Zones — Pit and Quarry (PQ) Zone
392
Page i 205
(f) When any one of the situations described in paragraph (a) arises, all equipment,
buildings, and structures upon the land to which the excavation permit applies, and
associated directly or indirectly with excavation other than fences required under
paragraph 12.4(10)(c) shall be removed and all stockpiles, sand, gravel, stone, rock,
clay, or similar material shall be removed or utilized in the rehabilitation of the land.
(g) Adequate measures shall be taken to prevent surface water from damaging the face
of the excavation or fill by the provision of berms, swales, or other measures that
satisfactorily resolve the problem.
(h) Where a holder of an excavation permit fails to rehabilitate the excavation area in
the manner and within the time limits required hereby, the Council may cause the
required work to be done and to be paid for from the security deposit.
(i) The rehabilitation required hereby shall be completed no later than 12 months
following the deadline for the commencement of rehabilitation established herein.
(j) Rehabilitation of the portions identified in paragraph (a) shall be completed no later
than one year following its commencement.
12.4(10 Enforcement
In the event of a contravention or failure to comply with any provision of this section, the
Building Inspector may suspend, or in the case of a continued violation, revoke, the permit,
in writing, to be delivered by hand or by registered mail to the owner, and may, if the
conditions leading to the suspension are subsequently corrected, reinstate the suspended
permit or issue a permit if the conditions are corrected and all the requirements for the
issuance of a permit have been satisfactorily met. Council may cause any work to be done
and to be paid for from the security deposit.
Part 12: Industrial Zones — Pit and Quarry (PQ) zone
393
Paget 207
394
12.5 Transportation (T) Zone
51 Municipal Plan Context
The Transportation (T) zone
accommodates a range of transportation
related uses, including facilities for
harbour, rail, and air.
The Transportation (T) zone specifically
recognizes land used for the airport, rail
marshalling yards, and the marine port
(both Uptown and Canaport) that is
designated Federal Transportation or Heavy Industrial. However, land in other appropriate
designations could be zoned T.
12.5(1) Permitted Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following, which may include outdoorstorage as an accessory, secondary or main
use:
Air Transport Facility;
Harbour Facility;
® Marshalling Yard;
Outdoor Storage;
r Transportation Depot;
Transportation Terminal;
Warehouse Facility;
The existing use described in Schedule E: Exceptions, of each lot respectively,
identified therein as being located in the T zone.
12.5(2) Zone Standards
(a) Minimum Front Yard metres
(b) Minimum Rear Yard:
Abutting a Residential zone metres
Part 12: Industrial Zones — Transportation (T) Zone
395
Page 1 208
Other
(c) Minimum Side Yard:
Abutting a Residential zone
Other
(d) Minimum Flankage Yard
(e) Maximum Lot Occupancy
(f) Other Requirements
metres
metres
metres
metres
percent of the lot
.rrudrrue wlEn
provis c
Part 12: Industrial Zones — Transportation (T) Zone Page 1209 v
396
5J Municipal Plan Context
The Utility Service (US) zone
accommodates a range of utility and
service infrastructure, including
operations centres and associated works
yards.
The Utility Service (US) zone is intended
for land inside or outside of the Primary
Development Area in an appropriate
designation.
12.6(1) Permitted Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following, which may include outdoor storage as an accessory or secondary use
subject to paragraph 12.6(2)(a):
Government or Utility Works Depot, subject to paragraph 12.6(2)(b);
Utility Distribution Structure, Major;
Wastewater Treatment Facility;
Water Treatment Facility;
v The existing use described in Schedule E: Exceptions, of each lot respectively,
identified therein as being located in the US zone.
12.6(2) Conditions of Use
(a) Outdoor Storage permitted as an accessory or secondary use to amain use in
subsection 12.6(1) shall be subject to the following:
(i) The yard shall not occupy any required front or flankage yard or any area
required for parking;
(ii) The yard shall be completely enclosed by a solid board -on -board fence or a
chain -link fence entirely covered by filler strips woven into the mesh or a
walled structure or a berm, or any combination thereof, having a minimum
Part 12: Industrial Zones — Utility Service (US) Zone Page ( 210 W
397
height of 2 metres and including any gate constructed in the same manner
and height as the enclosure;
(iii) Notwithstanding the above, the yard may instead be screened in
accordance with paragraph 6.10), or by any combination of permitted
structures, berms and landscaping; and
(iv) When the yard is developed within 15 metres of an abutting lot in a
Residential zone, the yard shall also be in accordance with section 5.5.
(b) A Government or Utility Works Depot permitted in subsection 12.6(1) shall not be
located within 60 metres of a Residential zone.
12.6(3) Zone Standards
(a) Minimum Lot Area
(b) Minimum Lot Frontage
(c) Minimum Lot Depth
(d) Minimum Front Yard
(e) Minimum Rear Yard
(f) Minimum Side Yard
(g) Minimum Flankage Yard
(h) Maximum Building Height
(i) Maximum Lot Occupancy
(j) Other Requirements
Part 12: Industrial Zones — Utility Service (US) Zone
square metres
metres
metres
metres
metres
metres
metres
metres
percent of the lot
rrowlscons, +carts 4 -'o
Page 1211 y
12.7 Utility Service Landfill (USL) Zone
Municipal Plan Context
" The Utility Service Landfill (USL) zone ,
accommodates the existing Crane �f #
_
Mountain Landfill and all the uses
associated with managing refuse,'
recycling, and organics treatment. may:, ` .`f.
The Utility Service Landfill (USL) zone is
intended to recognize the existing Crane ✓$�q'} >;
Mountain Landfill, which is located
outside of the Primary Development Area and designated Rural Industrial.
12.7(1) Permitted Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following, which may include outdoor storage as an accessory orsecondary use:
Composting Facility;
Landfill, subject to paragraph 12.7(2);
Recycling Facility;
Redemption Centre;
The existing use described in Schedule E: Exceptions, of each lot respectively,
identified therein as being located in the USL zone.
12.7(2) Conditions of Use
A Landfill permitted in subsection 12.7(1) shall be enclosed by natural buffering and or
constructed earth berms.
12.7(3) Zone Standards
(a) Minimum Lot Area y,, "ti hectares
(b) Minimum Front Yard:
For a Landfill
metres
:a
Part 12: Industrial Zones — Utility Service Landfill (USL) Zone i Page 212 ='
399
For Buildings and Structures
(c) Minimum Rear Yard:
For a Landfill
For Buildings and Structures
(d) Minimum Side Yard:
metres
metres
metres
metres
metres
metres
metres
metres
percent of the lot
poi oLo- urmimm wrrrr one tzenieraf
Provisions, P
Part 12: Industrial Zones — Utility Service Landfill (USL) Zone Page 1 213 41
X11
For a Landfill
For Buildings and Structures
(e)
Minimum Flankage Yard:
For a Landfill
For Buildings or Structures
(f)
Maximum Building Height
(g)
Maximum Lot Occupancy
(h)
Other Requirements
metres
metres
metres
metres
metres
metres
metres
metres
percent of the lot
poi oLo- urmimm wrrrr one tzenieraf
Provisions, P
Part 12: Industrial Zones — Utility Service Landfill (USL) Zone Page 1 213 41
X11
Title, Scop( -�, lnit rpretdticr,, c f,jd Rc_p('j!C ..
2_b nes and .dminisira nor
Definitiols
General Pruws €ons: Arcess, Parking, and 1.cad4ig 4
neml Provisions- Accessory Buildings aria StructLfres cz �
General Provisions: Lands aping �1
Caneral Frcvisions: Signs
�, eneral Provisions: Other Standa ds
General Provisions: Uses Permitted in Multiple Zones � r
Residential Zones J.
CommercW. Zones
Industrial Zones 12 ���/
mu `LS„f'
k Community Facility Zones 13
Other pones 14
reJClheauIes
401
402
13 Community Facility Zones
The following Table 13 -1 is intended to provide a general list of the uses allowed in the
Community Facility zones. This table is provided for convenience only and reference should be
made to each zone for a complete list of permitted uses, conditional uses, conditions of use,
zone standards, as well as to the General Provisions of this By -law.
Table 13 -1
Use
Community Arena
Community Centre
Community Policing Office
Correctional Services
Crisis Care Facility
Cultural Establishment
Day Care Centre
Emergency Services Facility
Hospital
Library
Place of Worship
Recreation Facility
Rehabilitation Centre
School (9-12)
School (K -S)
Supportive Facility
Supportive Housing
Technical or Vocational School
University or College
Part 13: Community Facility Zones
403
Zone Permitted
CFN CFM
CFN CFM
CFN CFM
CFM'
(.PN I CFM
CFN
CFN
CrrN
C1 =Pw'I
ry�
Page 1 214
404
13.1
-.S1
Neighbourhood Community Facility (CFN) Zone
Municipal Plan Context
The Neighbourhood Community Facility
(CFN) zone accommodates a limited range
of community- oriented facilities, such as
arenas, community centres, elementary
schools, and recreational facilities that are
complementary to surrounding residential
neighbourhoods.
The Neighbourhood Community Facility (__
(CFN) zone is intended mainly for land inside the Primary Development Area in an
appropriate designation.
13.1(1) Permitted Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following:
Community Arena;
. Community Centre;
• Community Policing Office;
• Crisis Care Facility;
• Cultural Establishment;
• Day Care Centre;
• Emergency Services Facility;
• Library;
• Place of Worship;
• Recreation Facility;
• School (K -S);
• Supportive Facility;
} Supportive Housing;
The existing use described in Schedule E: Exceptions, of each lot respectively,
identified therein as being located in the CFN zone.
Part 13: Community Facility Zones — Neighbourhood Community Facility (CFN) Zone
405
Page 1 215
13.1(2) Zone Standards
(a)
Minimum Lot Area
++
square metres
(b)
Minimum Lot Frontage
metres
(c)
Minimum Lot Depth
metres
(d)
Minimum Front Yard
metres
(e)
Maximum Front Yard
metres
(f)
Minimum Rear Yard
metres
(g)
Minimum Side Yard
metres
(h)
Minimum Flankage Yard
metres
(i)
Minimum Building Height
storeys
0)
Maximum Building Height
metres
(k)
Buildings shall have a prominent entrance orientated toward a street.
(1)
No parking or outdoor display area shall be permitted within
a required
setback.
(m)
Maximum Lot Occupancy
percent
(n)
Other Requirements
In
General
accordance
Provisions,
Part 13: Community Facility Zones — Neighbourhood Community Facility (CFN) Zone Page 1 216
E1•
13.2 Major Community Facility (CAM) Zone
1 Municipal Plan Context -
The Major Community Facility (CFM) zone
accommodates a range of large -scale
community uses that typically provide
s�'.et r .•�� rrw:�
services to the Saint John region, such as
y _� x . • .'.'iUir�
hospitals, correctional facilities, major �;,�,� „��
recreational facilities, and rehabilitation s *,s
centres.
The Major Community Facility (CFM) zone
is intended mainly for land inside the Primary Development Area in an appropriate
designation.
13.2(1) Permitted Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following:
r Community Arena;
« Community Centre;
* Community Policing Office;
• Correctional Services;
• Crisis Care Facility;
• Cultural Establishment;
• Day Care Centre;
Emergency Services Facility;
3 Hospital;
® Library;
» Place of Worship;
• Recreation Facility;
• Rehabilitation Centre;
• School (9 -12);
• School (K -8);
Supportive Facility;
Supportive Housing;
Part 13: Community Facility Zones — Major Community Facility (CFM) Zone Page 1217
407
o Technical or Vocational School;
• University or College;
The existing use described in Schedule E: Exceptions, of each lot respectively,
identified therein as being located in the CFM zone.
13.2(2) Zone Standards
(a)
Minimum Lot Area
square metres
(b)
Minimum Lot Frontage
�,,
metres
(c)
Minimum Lot Depth
metres
(d)
Minimum Front Yard
metres
(e)
Maximum Front Yard
metres
(f)
Minimum Rear Yard
metres
(g)
Minimum Side Yard
metres
(h)
Minimum Flankage Yard
metres
(i)
Minimum Building Height
storeys
0)
Maximum Building Height
metres
(k)
Buildings shall have a prominent entrance orientated toward
a street.
(1)
Buildings that are more than four storeys in height and orientated towards a
street shall include an offset at
the fifth storey having a minimum depth of 1.5
metres away from the street.
(m)
No parking or outdoor display area shall be permitted within
a required
setback.
(n)
Maximum Lot Occupancy
percent
(o)
Other Requirements
.. ,
Part 13: Community Facility Zones — Major Community Facility (CFM) Zone Page 1 218 0
M
cherA, I I es
,l.
Title, Scope, interpreistifor #.r ard F- ; -elicE
I
4
Zones an /gad -mirds r<-atiOrt
�
Y
efiritFcris
oral
"rovislons: Access, Narking, and Loading
General r t v ii *i c am • Accessory "B i l d il .- T.4 aria'
y iM 4� t ru Ct W s s
5
i y �
1�
General �zro v'slons: Lar1 •-'SLa ;rt1g
C
General Provisions: Signs
7
rl P
General Provisions: Other Standards
8
General Provisions:
Uses Permitted in Muitiple Zones
Residential Zones
10
C//�� n�s TT _ pp �t �y
Con- cmie�cIaLLl /br -,,es
.~..._
:X
+;.
Industrial ?.ones
12
F
i��
f
Comf trinity Facility Zoriec.
2.3
n
i1.
...-
ar`
, _. -..
Other Zones
3.4
F6M i�
cherA, I I es
,l.
410
14 Other Zones
The following Table 14 -1 is intended to provide a general list of the uses allowed in the Other
zones. This table is provided for convenience only and reference should be made to each zone
for a complete list of permitted uses, conditional uses, conditions of use, zone standards, as well
as to the General Provisions of this By -law.
Table 14 -1
Use Zone Permitted
Any Existing Use FD
Agricultural Use
Animal Shelter
Bed and Breakfast
Cemetery
Commercial Recreation
Commercial Use
Community Centre
Community Facility Use
Cultural Establishment
Day Care Centre
Day Care, Home
Day Care Neighbourhood
Dwelling, Existing
Dwelling, One -Unit
Dwelling, Two -Unit
Equestrian Facility
Exhibition Grounds
Farmers Market
Fishery
Forestry Use
Garden Suite
Home Occupation
Industrial Use
Interpretive Centre
Kennel
Mobile or Mini -Home
P RU
RU
P FD RU
P
P
ID
P
ID
P
FDA RU
FD RU
t p FP
FD RU
RU
RU
RU
RU
FD
FD RU
ID
RU
RU
Page 1219
Part 14: Other Zones ,:
g "
�
411
Recreation Facility p
Residential Use M
Restaurant
Secondary Suite FD
Supportive Housing P RU
Veterinary Clinic RU
Zoo p
Part 14: Other Zones
412
T Page 1 220
14.1 Nark (P) Zone
Municipal Plan Context
The Park (P) zone accommodates a range
of recreational activities and supportive
commercial uses.
The Park (P) zone is intended mainly for
land inside the Primary Development Area
in an appropriate designation.
14.1(1) Permitted Uses
' }K
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following:
Agricultural Use, subject to subsection 14.1(3);
Bed and Breakfast, subject to section 9.2;
Cemetery;
Community Centre;
Day Care Centre;
Dwelling, Existing;
Equestrian Facility, subject to subsection 14.1(3);
Farmers Market;
Home Occupation, subject to section 9.9;
Interpretive Centre;
Recreation Facility;
Restaurant, without a Lounge license under the Liquor Control Act;
Supportive Housing, subject to section 9.14;
Zoo;
The existing use described in Schedule E: Exceptions, of each lot respectively,
identified therein as being located in the P zone.
Part 14: Other Zones — Park (P) Zone
413
Page 1 221 up
14.1(2) Conditional Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following subject to such terms and conditions as may be imposed by the
Committee:
Commercial Recreation;
Cultural Establishment;
Exhibition Grounds.
14.1(3) Conditions of Use
An Agricultural Use or Equestrian Facility permitted in subsection 14.1(1) shall be subject to
the following:
(a) The total number of the following domestic animals kept on a lot, excluding their
young under the age of six months, shall be:
(i) In the case of a goat, horse, pony, or sheep, or any combination thereof, up
to two such animals provided the lot has a minimum area of 6,000 square
metres and a minimum lot frontage of 75 metres, and for each additional
animal a further 2,000 square metres of lot area provided the lot has a
minimum frontage of 90 metres; and
(ii) In the case of a cow, a maximum of two cows provided the lot has a
minimum area of 20,000 square metres and a minimum lot frontage of 180
metres.
(b) Any stable, building, enclosure, or structure where an above - mentioned domestic
animal is kept shall be located at least 22 metres from any common property line or
15 metres of any dwelling on the same lot.
14.1(4) Zone Standards
(a) Minimum Lot Area
(b) Minimum Lot Frontage
(c) Minimum Lot Depth
(d) Minimum Front Yard
i{10
square metres
metres
metres
P
3
metres
Part 14: Other Zones — Park (P) Zone
Page 1222
414
(e)
(f)
(g)
(h)
(k)
Maximum Front Yard
Minimum Rear Yard
Minimum Side Yard
metres
metres
metres
Minimum Flankage Yard 7.5 metres
Minimum Building Height Z storeys
Maximum Building Height 12 metres
No parking or outdoor display area shall be permitted within a required
setback.
Other Requirements Ins accordance with the
General Provisions, Parts 4-9
Part 14: Other Zones —Park (P) Zone � -� Page 1223 0
415
416
14.2 Environmental Protection (EP) ?one
Municipal Plan Context
The Environmental Protection (EP) zone
accommodates land that is generally f
government owned and located within'~
that drinking
'�,'�` "
watersheds provide water to
the public. Except for the maintenance of
existing dwellings, development is
` i
prohibited in these sensitive areas.
The Environmental Protection (EP) zone is
intended mainly for land outside of the Primary Development Area in an appropriate
designation.
14.2(() Permitted Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following:
Dwelling, Existing, provided the gross floor area is not increased after the date this
By -law was enacted.
The existing use described in Schedule E: Exceptions, of each lot respectively,
identified therein as being located in the EP zone.
14.2(2) Zone Standards
In accordance with the General Provisions, Parts 4 -9, except that no new
accessory building or structure, or any enlargement to an existing accessory
building or structure, shall be permitted after the date this By -law was enacted.
Pirt 14: Other Zones — Environmental Protection (EP) Zone
417
Page 224 v
418
14.3 integrated Deveioprilent (ID) Zone
Municipal Plan Context
S The Integrated Development (ID) zone
accommodates development consisting of
combinations of uses of land, buildings,
and or structures contained in a specific
proposal described in a resolution or
agreement adopted or entered into under
section 39 of the Community Planning Act.
The Integrated Development (ID) zone is
intended mainly for land inside the Primary Development Area in an appropriate
designation.
14.3(1) Permitted Uses
Any land, building, or structure may be used for the following provided Council has approved
a specific proposal that includes such use or uses pursuant to section 39 of the Community
Planning Act:
Commercial Use;
Community Facility Use;
Industrial Use;
Residential Use.
14.3(2) Zone Standards
(a) Standards shall not be subject to the General Provisions, Parts 4 -9, but shall be
those standards of the proposal approved by Council pursuant to section 39 of
the Community Planning Act.
(b) Council or the Development Officer will specify plans and or studies necessary
to be included in support of the rezoning application at the time of submission.
Such plans and or studies may include, but not limited to, context, site,
building, elevation, landscaping, grading, servicing, storm water, and traffic.
Part 14: Other Zones -- :egrated Development (ID) Zone Page 1 225 IF
419
420
14.4 Future Development (FD) Zone
Municipal Plan Context
S The Future Development (FD) zone is intended to preserve land that presently cannot be
fully developed due to municipal servicing and or street limitations. In the future when such
limitations are no longer present, the land can then be more fully developed under a
different and more appropriate zone. In the meantime, limited development is permitted in
this zone.
The Future Development (FD) zone is intended for land inside the Primary Development
Area that is designated Urban Reserve. However, land in other appropriate designations
could be zoned FD.
14.4(1) Permitted Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following:
Any Existing Use;
Bed and Breakfast, subject to section 9.2;
Day Care, Home, subject to paragraph 9.5(a);
Day Care, Neighbourhood, subject to paragraph 9.5(b);
Dwelling, One -Unit;
Garden Suite, subject to section 9.8;
Home Occupation, subject to section 9.9;
Secondary Suite, subject to section 9.13.
14.4(2) Zone Standards
(a) Minimum Lot Area
(b) Minimum Lot Frontage
(c) Minimum Lot Depth
(d) Minimum Front Yard
(e) Minimum Rear Yard
Part 14: Other Zones — Future Development (FD) Zone
421
Area of lof of the time thh;
BY-low was enacted
60;;fs tage of lot at the time
8y -law was enacted
Depth of fbe ID of #lie time
thlsly -AqA qed
metres
metres
PU;e 1 226
(f) Minimum Side Yard
(g) Minimum Flankage Yard
(h) Minimum Ground Floor Area:
I.5 metres
L3.5 metres
1 Storey 89 square metres
Split -Level square metres
1 %, 2, or 3 Storeys square metres
(i) Maximum Building Height: metres, or
11 metres if both side yards are increased in amounts equal to the height
over 9 metres
()) Other Requirements In acciorda tce with Ote
Gi�neiral Provisions, Farts 4.-9
Part 14: Other Zones— Future Development (FD) Zone Page 1 227
422
14.5 Rural (RU) Zone
Municipal Plan Context
- i The Rural (RU) zone accommodates
resource- related activities, such as
agriculture, fishery, and forestry
operations, as well as certain other land
uses appropriate in the rural area.
While this is not a residential zone, limited
residential development is also permitted
on existing unserviced lots or through the
creation of new large lots to ensure resider
resource activities.
r
itial development does not interfere with
The Rural (RU) zone is intended for land outside the Primary Development Area that is
designated Rural Resource. However, land in other appropriate designations could be zoned
RU.
14.5(2) Permitted Uses
Any land, building, or structure may be used for the purposes of, and for no other purpose
than, the following:
Agricultural Use;
Animal Shelter;
Bed and Breakfast, subject to section 9.2;
Day Care, Home, subject to paragraph 9.5(a);
Day Care, Neighbourhood, subject to paragraph 9.5(b);
Dwelling, One -Unit;
Dwelling, Two -Unit;
Equestrian Facility;
Fishery;
Forestry Use;
Home Occupation, subject to section 9.9;
Kennel;
Mobile or Mini -Home, subject to subsection 14.5(2);
Supportive Housing, subject to section 9.14;
Part 14: Other Zones — Rural (RU) Zone
Pagel 228
423
Veterinary Clinic;
The existing use described in Schedule E: Exceptions, of each lot respectively,
identified therein as being located in the RU zone.
14.5(3) Conditions of Use
A Mobile or Mini -Home permitted in subsection 14.5(1) shall be subject to the following:
(a) The building shall have a minimum ground floor area of 65 square metres;
(b) The building shall be placed on a lot so that its length is parallel to the street; and
(c) If not placed on a permanent foundation, the building shall have skirting of an
opaque material installed around its perimeter between the building and ground.
14.5(4) Zone Standards
(a)
Minimum Lot Area
square metres
(b)
Minimum Lot Frontage
metres
(c)
Minimum Lot Depth
metres
(d)
Minimum Front Yard
metres
(e)
Minimum Rear Yard
metres
(f)
Minimum Side Yard
metres
(g)
Minimum Flankage Yard
metres
(h)
Minimum Ground Floor Area:
1 Storey
74
square metres
Split -Level
59
square metres
1%, 2, or 3 Storeys
52
square metres
(i) Maximum Building Height 11 metres
(j) Other Requirements In accordance with thl
1;. 1eneral Rrovislon.5, Farts 4
Part 14: Other Zones — Rural (RU) ZoneT Pa�e`�J 224
424
4nterpreta io , and Repeal
s�
General F"ro0isfons: P Ccess, Pa- rking, and L,czd'!rj
General Provisions. Accessory Buildings and
3eneral Provisions: Landsccaping
General Provisions: Signs -' r'
General Provisions: Other Standards 8
General Provisiuns: Uses Permitted in M`ft"t e zoj- es 7
e S. ide nt is, 1 !ones I+�r.
4
Commercial Zones II
hadustrial Zones 12.. �. ^
Community FaCHI -IL,► Zones 13
Oth Rer Zones 1 4 1
Schedules
425
426
e
r
�ch:rsl:'F A: ioyling yt•7:.R
71 it,
T . f 'tie
9
r
�' -
a �a
'A
427
rr.
L
A
Zcpn—PJ
Legend
r". RH- Hioh -Afae Aesieenpal
RG - Urban Cer.:tt Residential
AM- Mid -Rlae Rraidantial
RL- Lary -Rne Reaiasntittl
RP - Mk"ame Pack Reeidam.1
R2- T—JAil Rni:lentm
R1- One -LiW[ R_Menkrl
R88- awurben Rasidan.al
Ra -Aural 8r-:bemerit Radfanlhl
RR - R-1 ReaManbal
CU •Uptown Cammre41
CR- Replaml Cerrmm w
CC.Cmnaarcammemel
co, Ganc wl C —Mrdal
GGR -Aural Gemral Commercial
CL - Leoal Cammemdal
F CW- Mhearft4 C.—dal
CRP -Rwlnm Perk Cpmmrraial
CM - hfotaa Cmmlaratel
R.- Light Ia"Hal
IM- Me.lum Imuanhl
� :IH -Heavy Ineuarl.1
U8 -Utilkr Same Induamal
USL- UdBryserAm b &l0- .l- LanelR
7 - Tranmomlian Indualml
m - Pi. 6 Owmy
CFM -Mapr Cbaemrr ity Fgg ft
CFN -N alghbamhoad Cammuehy Feebay
P -Park
1" EP - En hr—Ml Pmteatian
ID -1"wed D —hpmem
FD - Fuk. Davalepmenl
RU - Rohl
Scheduie B: Fees
Except as otherwise provided in this By -law, the following fees are required concerning any matter
considered by the Council, the Committee, or the Development Officer:
Type of Application or Service Required Application Fee
(a) Amendment to Section 39 Conditions $2,500.00
(b) Conditional Use $250.00
(c) Non - Conforming Use $250.00
(d) Similar or Compatible Use $250.00
(e) Temporary Use $250.00
(f) Variance $250.00
(g) Zoning By -law Amendment $2,500.00
(h) Zoning By -law Amendment requiring a Municipal Plan Amendment $3,500.00
(i) Zoning Confirmation Letter $100.00
Schedule B: Fees Page 1 231
429
4,31
Schedule D: Intensification Areas (Monte Cristo Area)
Schedule D: intensification Areas Page 1 233
432
Schedule D: Intensification Areas (Main Street West)
Schedule D: Intensification Areas
433
Page 1234
Schedule D: Intensification Areas (Lower West Side)
s
i
''�- ;�� .�� s/sA:� =mar ��,,r' � �hC •'� V ':��/ i V �� j: •i•
ly
Ir
Schedule D: Intensification Areas Pagel 235
434
-Ail
Schedule D: Intensification Areas (Forest Hills Area)
Schedule D: Intensification Areas
Pagel 239
4,39
Schedule E: Exceptions
The following uses were permitted by the previous Zoning By -law for The City of Saint John, By -law
Number C.P. 110.
Zone
Civic
PID
Existing Use
;„. ,
RC
39 Bridge Street
00373803, 00373795
Marine Towing Services
RC
71 Kennedy Street
00377101
Warehouse and Workshop
RC
80 Kennedy Street
00377218
Parking Area
RC
101 -121 Kennedy Street
00377150, 55214738
Vehicle Repair Garage and Parking
Area
RM
61 -91 Millidge Avenue
Various (23)
Dairy Products Processing and
Distribution Facility
R2
154 -200 Germain Street West
00366203, 00368100
Warehouse, Workshop, and Outdoor
Storage
R2
187 Golden Grove Road
55201768
Vehicle Body and Paint Shop
R2
673 Green Head Road
55012397
Contractor's Yard and Storage and
Construction Equipment Repair
R2
155 Sandy Point Road
55150700
Vehicle Body and Paint Shop
R2
97 Winslow Street
00362640, 00363481
Welding Shop
RI
15 Broadway Avenue
00299248
Parking Area
R1
45 Glen Road
55183743
Office
RS
1171 Lorneviile Road
00285544
Warehouse
RS
3600 -3636 Westfield Road
00295253, 55063614
Marina Equipment and Materials
Storage Yard, including boats,
cradles, and a mobile home for a
watchman
RR
258 Golden Grove Road
00311613
Three -Unit Dwelling
RR
1740 Grandview Avenue
00335851
Six -Unit Dwelling
RR
933 Latimore Lake Road
00335737
Machining and Fabrication Shop
}
CC
397 City Road
00019992, 00018994,
Trucking Depot and Fleet
55206767
Maintenance
CC
950 Fairville Boulevard
00036715
Warehouse
CC
485 McAllister Drive
55167506
Trucking Depot and Fleet
Maintenance
CC
305 -327 Rothesay Avenue
00303453, 00303461
Molasses Processing and Distribution
Facility
Schedule
E: Exceptions
page 1 240
..R
CR
208 Lancaster Avenue
00034306, 55046395,
Union Hall and Offices
55038756,00033027
CR
228 Lancaster Avenue
00033357
Warehouse
CG
41 Adelaide Street
00378976, 00374868,
Vehicle Body and Paint Shop and
00374876
Parking Area
CG
55 Bentley Street
00369108, 55172654
Warehouse and Office
CG
1 Keystone Place
00317933
Warehouse and Workshop
CG
9 Lower Cove Loop
00001701
Scuba Diving Store and Associated
Services
CG
299 -303 Molson Avenue
00386458
Warehouse
CG
320 Montreal Avenue
00383158
Warehouse
CG
2086 Ocean Westway
55222061, 00287474,
Vehicle Sales and Leasing
55222079
CG
633 Ready Street
55112742
Vehicle Body and Paint Shop
CG
660 Ready Street
00033563
Warehouse and Outdoor Storage
CG
520 -550 Somerset Street
00046417, 00052423
Contractor's Warehouse, General
Warehouse, and Associated Uses
CG
560 -600 Somerset Street
00052282, 55123590,
Warehouse and Wholesale
55123582
CG
800 Somerset Street
00048090, 55027932
Concrete Plant
CG
700 Wilson Street
00035634
Warehouse and Workshop
CG
730 Wilson Street
00035436
Pool Hall
CM
40 Saint Andrews Street
55021463, 00005298
Armoured Car Business
CL
329 -333 Lowell Street
00385526, 00392977
Vehicle Repair
CL
240 Millidge Avenue
00430975
Wholesale Novelties and Small Wares
CRG
303 Golden Grove Road
55196554, 55196562
Office, Warehouse, Shop, and
Construction Materials Storage Yard
CRG
510 Golden Grove Road
00311217
Distribution Warehouse
CRG
1099 -1151 Golden Grove Road
00310292, 55099246
Business Office, Showroom, and Self -
Storage
CRG
1000 Westfield Road
00419093, 00287680
Vending Machine Business
CRG
1050 Westfield Road
00287854
Furniture Refinishing
CRG
1079 -1109 Westfield Road
00289041, 55143648,
General Contractor Yard, Warehouse,
00287839
and Outdoor Storage Yard
CRG
1159 Westfield Road
55099493, 55143630
General Contractor Yard, Landscape
Material Supply, Outdoor Storage
Yard, and Warehouse
CRG
1161 Westfield Road
55099501
Vehicle Body and Paint Shop and
Warehouse
Schedule E: Exceptions Page 241
441
CRG
1183 Westfield Road
00287870
Warehouse
CRG
1199 Westfield Road
55056964
Pest Control Service
CRG
3320 Westfield Road
00304121
Warehouse and Workshop
IL
341 -365 Ashburn Road
55202915, 00052712,
Towing Business
55071153
RU
1360 Rothesay road
00297754
Lime Manufacture and Storage
Schedule E: Exceptions - - - -- -- Page 1, 242
442
Growth and Community Development Services
Community Planning aahodevelopment 0 July 2014
August 20, 2014
Appendix D:
Council Report: April 8, 2014
ZoneSJ: Phase 1 of the Formal Adoption Process
Housekeeping Amendments to the Municipal Plan
,,,
TO CGAITIVIGN COUNCIL
M &C- 2014 -038
April 8, 2014
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
SUBJECT: ZoneSJ: Phase 1 of the Formal Adoption Process
Housekeeping Amendments to the Municipal Plan
BACKGROUND:
On February 24, 2014 Common Council approved referring the draft Zoning By-
Iaw (ZoneSJ) for translation in preparation for the formal adoption process to
commence this summer. As part of the package of materials that was before
Council on this date, the Report on Public Feedback highlighted proposed
housekeeping changes to the Municipal Plan (PIanSJ) that are required to ensure
clear alignment between the Zoning By -law and the Municipal Plan.
This Council report outlines why the proposed amendments to PIanSJ are
necessary at this time, what the proposed amendments to PIanSJ are, and where
this amendment process fits into the formal adoption process for ZoneSJ.
ANALYSIS
Why are the proposed amendments to PIanSJ necessary at this time?
City of Saint John
The New Brunswick Community Planning Act requires that a zoning by -law be in
conformity with the Municipal Plan. Given the detailed nature of the zoning by-
law review process, inconsistencies between the land use control schedules in the
Municipal Plan (Schedule A: City Structure map and Schedule B: Future Land
Use reap) and the Zoning By -law map (Schedule A: Zoning Map) often become
apparent during such a review. As a result, it is not unusual for a suite of
housekeeping amendments to the Municipal Plan be proposed as part of the
adoption of a new Zoning By -law.
445
M &C -20I4 -038 -3-
April 8, 2014
2. Designation Oversights: These maps are recommendations to rectify
minor oversights and apply the correct designation to the land uses that are
in existence, or where there were extensions of inappropriate land use
designations that should be adjusted. These proposed housekeeping
amendments will provide clarity around land use designation boundaries.
To facilitate a clear and transparent process to amend Schedule A and Schedule B
of PlanSJ in order to capture these proposed housekeeping amendments, these
schedules are being rescinded and re- issued as new schedules, included in
Appendix B of this Report. These new schedules include all of the proposed 104
amendments, detailed in Appendix C.
In addition to these mapping amendments, there are also eleven proposed policy
and preamble amendments to the industrial section in PlanSJ. These proposed
amendments are recommendations from the Industrial Peer Review Report that
was completed as part of the ZoneSJ review period. These amendments integrate
best - practices in industrial land use regulation, providing better clarity around
industrial policy and ensuring clear alignment between the Plan and the Zoning
By -law going forward. These proposed amendments are detailed in Appendix A
of this report.
Where does this amendment process fit into the formal adoption process for
ZoneSJ?
The draft Zoning By -law is currently being translated as the City must have an
English and French version of the by -law in order for it to be formally adopted.
The French version of the By -law is expected to be provided to the City by early
June. Staff will then insert the graphics and images to create an identical French
and English Zoning By -law.
By June 11, 2014, the 30 -day Public Presentation Period that is required by the
Community Planning Act for the proposed PlanSJ amendments will be over.
Following this, the French and English versions of the draft Zoning By -law are
expected to be ready to advance to the formal adoption stage by the end of June.
Should this proposed timeline be achieved, staff will then recommend to Council
that both the draft PlanSJ Amendments and the draft Zoning By -law be referred
as a package to the Planning Advisory Committee for their review and
recommendation.
If all goes according to this schedule, staff anticipate that this referral to the
Planning Advisory Committee would take place for the Committee's regularly
scheduled August 2014* meeting agenda and the formal Public Hearing before
Council for both the PlanSJ Amendments and the draft Zoning By -law be held in
September 2014 *.
*Please note that these are estimated dates at this stage of the process and may change as
this process proceeds forward.
M
M &C- 2014 -039 -4-
April 8, 2014
RECOMNZNDATIONS
It is recommended that Common Council authorize the initiation of a Municipal
Plan amendment process to implement housekeeping changes to support the
implementation of the proposed Zoning By -law:
1. Update the policy framework for industrial land uses to integrate best -
practices in industrial land use management with the language in
Appendix A of this report.
2. Update Schedule A. City Structure and Schedule B: Future Land Use
maps included in Appendix B of this report, to include all housekeeping
amendments identified in Appendix C of this report.
Respectfiilly submitted,
Stacey Forfar, MBA, MCIP, RPP
Deputy Commissioner, Comnauuity Planning & Enrichment Services
Hamilton, MURP, MCIP, RPP
mer, Growth & Community Development Services
J. Patrick Woods, COA
City Manager
SF
447
Appendix A:
Proposed industrial policy amendments
MM
FINAL Recommended Plan Policy Changes
April 8, 2014
DELETE the Existing Industrial Preamble:
Industrial Areas
The City's economy is founded on its industrial and manufacturing operations, and the community is
poised to continue its strong growth in sectors related to these activities. The City recognizes that while
these industrial and manufacturing operations are critical to our economic growth, industrial land uses
can significantly affect the quality of life in adjacent neighbourhoods and they must be carefully located
to maximize their benefit to the community. As a result, lands appropriate for industrial development
should be retained for future industrial use.
In order to address this, the Municipal Plan establishes two industrial designations to steer industrial
uses to their most appropriate location: the Light Industrial designation and the Heavy Industrial
designation. The City also plays an important role in supplying the land required to accommodate
industrial growth through its ownership of Saint John Industrial Parks Limited (SJIPL). SJIPL will help to
ensure that an appropriate supply of land is available in the Light Industrial and Heavy Industrial
designations within carefully planned industrial parks to fuel the community's future growth.
REPLACE with the Proposed Industrial Preamble:
Industrial Areas
The City's economy is founded on its industrial and manufacturing operations, and the community is
poised to continue its strong growth in sectors related to these activities. The City recognizes that while
these industrial and manufacturing operations are critical to our economic growth, industrial land uses
can significantly affect the quality of life in adjacent neighbourhoods and they must be carefully located
to maximize their benefit to the community. As a result, lands appropriate for industrial development
should be retained for future industrial use.
In order to address this, the Municipal Plan establishes two industrial designations to steer industrial
uses to their most appropriate location: the Light Industrial designation and the Heavy Industrial
designation. The City also plays an important role in supplying the land required to accommodate
industrial growth through its ownership of Saint John Industrial Parks Limited (SAPL). SJIPL will help to
ensure that an appropriate supply of land is available in the Light Industrial and Heavy Industrial
designations within carefully planned industrial parks to fuel the community's future growth.
New major heavy industrial land uses are generally not appropriate inside of the Primary Development
Area. Many large- scale, heavy industrial facilities, such as the existing Cana port LNG terminal, the
Coleson Cove Electrical Generating Station, and the solid waste management facility at Crane Mountain,
are best suited to their isolated locations outside of the Primary Development Area and may or may not
be serviced with municipal servicing. As such, it is anticipated that future proposals for any new major
heavy industrial investment will require the re- designation of rural lands to accommodate them.
Residential land uses are inappropriate in the Heavy Industrial designation given the extensive industrial
nature of the land use and as such, these uses shall not be permitted under any circumstance.
11 Page
FINAL Recommended Plan Policy Changes
April 8, 2014
DELETE the Existing Policy:
LU -8 Not permit development serviced with municipal water and wastewater services beyond the
boundaries of the PDA without first changing the boundaries of the PDA which will require an
amendment to the Future Land Use map (Schedule B).
REPLACE with the Proposed Policy:
LU -8 Not permit development serviced with municipal water and wastewater services beyond the
boundaries of the PDA without first changing the boundaries of the PDA which will require an
amendment to the Future Land Use map (Schedule B). Large- scale, heavy industrial
development is excluded from compliance with this policy. Should a large scale heavy industrial
proposal require the extension of municipal services outside of the PDA to service their
development, Council shall not extend the PDA to include the development as it is not
appropriate to permit urban land uses to encroach upon heavy industrial land uses. However,
any extension of water and wastewater services beyond the PDA to accommodate large -scale
heavy industrial development shall be undertaken on a cost recovery basis.
DELETE the Existing Policy:
LU -9 Consider amending the boundaries of the Primary Development Area boundary when:
a. A comprehensive review of the Municipal Plan has taken place, as outlined in the
Implementation Chapter of the Municipal Plan.
b. Notwithstanding (a) above, an amendment to the Future Land Use map (Schedule B) may be
considered outside of the comprehensive review period as a result of an application to
accommodate an unanticipated large -scale industrial development. In such cases, the PDA
should not be expanded unless the industrial development is consistent with Policy LU -75 of
the Municipal Plan.
REPLACE with the Proposed Policy:
LU -9 Consider amending the boundaries of the Primary Development Area boundary when a
comprehensive review of the Municipal Plan has taken place, as outlined in the Implementation
Chapter of the Municipal Plan.
2 °Page
450
FINAL Recommended Plan Policy Changes
April 8, 2014
DELETE the Existing Policy:
LU -75 Recognize that the community's significant industrial base gives rise to the potential for
unanticipated large -scale industrial developments that cannot be accommodated by the lands
currently designated Industrial in the Municipal Plan. Council may consider applications to re-
designate additional lands to Light or Heavy Industrial or Rural Industrial on the Future Land Use
map (Schedule B) and shall consider the following in evaluating such proposals:
a. Adequate lands designated for Industrial development are not available or there is a
demonstrated need for the proposed industry to be sited in a particular location;
b. Appropriate studies are conducted by the applicant to satisfy Council that the proposed
lands are locate an appropriate distance away from incompatible land uses or it is
demonstrated that appropriate mitigative measures can be implemented to address any
community and /or environmental impacts associated with the development;
c. Due consideration is given to site suitability including such considerations as transportation
needs, necessary municipal servicing, landscaping and buffering; and
d. There are clearly demonstrated social and economic benefits to the proposal.
REPLACE with the Proposed Policy:
LU -75 Recognize that the community's significant industrial base gives rise to the potential for new
unanticipated large -scale industrial developments that cannot be accommodated by the lands
currently designated Industrial in the Municipal Plan, and because of the heavy industrial nature
of the land uses, they are best suited to large, independent sites outside of the Primary
Development Area. Council may consider applications to re- designate additional lands to Heavy
Industrial on the Future Land Use map (Schedule B) outside of the Primary Development Area
and shall consider the following in evaluating such proposals:
a. Adequate lands designated for Industrial development are not available or there is a
demonstrated need for the proposed industry to be sited in a particular location;
b. Appropriate studies are conducted by the applicant to satisfy Council that the proposed
lands are located an appropriate distance away from incompatible land uses or it is
demonstrated that appropriate mitigative measures can be implemented to address any
community, safety, and /or environmental impacts associated with the development;
c. Due consideration is given to site suitability including such considerations as transportation
needs, necessary municipal servicing, landscaping and buffering; and
d. There are clearly demonstrated social and economic benefits to the proposal.
3 1 P a g e
451
FINAL Recommended Plan Policy Changes
April 8, 2014
DELETE the Existing Policy:
LU -76 Create the Heavy Industrial land use designation on the Future Land Use map (Schedule B). The
Heavy Industrial designation is intended to accommodate industrial operations which may or
may not generate noise, heavy truck traffic, smoke, dust, hear particulate matter, or highly
visible outdoor storage, which extends beyond the property line. All of the uses permitted in the
Light Industrial designation are intended to be permitted in the Heavy Industrial designation,
except as specifically excluded in the Zoning Bylaw. Uses in the Heavy Industrial designation will
generally utilize the City's water and wastewater systems.
REPLACE with the Proposed Policy:
LU -76 Create the Heavy Industrial land use designation on the Future Land Use map (Schedule B). The
Heavy Industrial designation is intended to accommodate industrial operations which may have
a significant detrimental effect on the safety, use, amenity, or enjoyment of adjacent or nearby
sites due to appearance, noise, odour, emission of contaminants, fire or explosive hazards, or
dangerous goods. Uses in the Heavy Industrial designation may utilize the City's water and
wastewater systems.
DELETE the Existing Policy:
LU -77 Require that Heavy Industrial uses which emit pollution be required to provide appropriate
separation distances and /or buffers from incompatible uses, as provided for in the Zoning By-
law or as specifically required by Council.
REPLACE with the Proposed Policy:
LU -77 Where there are Heavy Industrial land uses which emit pollution or present possible safety risks
Common Council consider the use of the best practice guideline of 1.5 km as an appropriate
separation distances and /or buffer from incompatible land uses. Within the 1.5 km buffer,
Common Council should consider not increasing the density of existing incompatible land uses
adjacent to existing heavy industrial facilities when they are proposed. This will ensure that
further intensification of incompatible land uses does not occur around these facilities in the
future.
DELETE the Existing Policy:
LU -78 Establish provisions in the Zoning By -law to require that appropriate hazard and risk assessment
studies be prepared prior to permitting certain intensive Heavy Industrial uses in the City.
REPLACE with the Proposed Policy:
LU -78 Risk assessment and mitigation is an integral component of a Heavy Industrial land use planning
approval process for a community. Where a new Heavy Industrial facility is proposed and /or
where an Environmental Impact Assessment or Environmental Assessment has been triggered
as part of an investment into an existing or proposed heavy industrial facility, the City shall
require, through a condition of rezoning or through request of the provincial or federal approval
process, that an applicant submit technical reports that are in conformity with the City of Saint
John Risk Assessment and Emergency Response Guidelines, when these guidelines have been
adopted by Common Council,
4J P,,ge
452
FINAL Recommended Plan Policy Changes
April 8, 2014
DELETE the Existing Policy:
LU -80 Notwithstanding policy LU -75, recognize there are a number of existing capital- intensive heavy
industrial facilities in the City that are not located in Industrial parks. Council may consider the
re- designation of lands that are contiguous with these existing uses to Heavy Industrial without
an amendment to the Municipal Plan, provided that the proposed use is generally compatible
with the surrounding land uses, appropriate mitigative measures are provided, transportation
needs can be accommodated, and municipal servicing is adequate to service the proposed
expansion.
REPLACE with the Proposed Policy:
LU -80 Notwithstanding policy LU -75, recognize there are .a number of existing capital - intensive heavy
industrial facilities in the City that are not located in Industrial parks. Council may consider the
re- zoning of lands that are contiguous with these existing uses to Heavy Industrial without an
amendment to the Municipal Plan, provided the proposed use is generally compatible with the
surrounding land uses, appropriate mitigative measures are provided, transportation needs can
be accommodated, and municipal servicing is adequate to service the proposed expansion.
DELETE the Existing Policy:
LU -118 Recognize that the Saint John Airport Authority owns a significant land base to support the
operation of the Airport. The City supports the use of these lands for purposes that are related
to general air transportation, where compatible with adjacent City watershed lands.
REPLACE with the Proposed Policy:
LU -118 Recognize that the Saint John Airport Authority leases a significant land base to support the
operation of the Airport. The City supports the use of these lands for purposes that are related
to general air transportation, where compatible with adjacent City watershed lands. Off -site
impacts from the nature of airport operations can have a significant impact on both the quality
of life for residents within close proximity of this facility and the ability of the airport to make
necessary investments in its operation. Common Council should consider off -site impacts from
new land uses when an application to re- designate or re -zone land that is within the noise
contour overlays and height restrictions of the airport operation is made.
ADD this New Policy:
LU -81 Within existing Industrial Parks located inside of the Primary Development Area that are
designated Heavy Industrial, generally permit only light industrial and medium industrial zoned
land uses. Where an applicant can satisfy the requirements of the City of Saint John Risk
Assessment and Emergency Response Guidelines for the siting of a Heavy Industrial land use
inside the Primary Development Area, such a use may be considered by Common Council as part
of a rezoning application.
5 1 P a g e
453
FINAL Recommended Plan Policy Changes
April 8, 2014
Section 3.7: Rural Industrial Policies
• Eliminate policies LU -108 through LU -109 (policies and preamble)
• Under Policy LU -120, add a line referring the reader back to the Industrial policies as industrial
land uses are both inside and outside of the PDA.
Other Notes: Re- number existing LU -81 through LU -130 as LU -82 through LU -131
6l Page
454
Modifications finales au PlanSJ pour traduction
Le 8 avril 2014
Preambuie — Secteur d'industries Lourdes
Secteurs industriels
L'economie de Saint John est fondee sur ses activites industrielles et de fabrication, et la collectivite est
bien placee pour continuer sa vigoureuse croissance clans les secteurs lies a ces activites. La Ville
reconnait que, biers que ces activites industrielles et de fabrication soient vitales pour notre croissance
economique, les utilisations industrielles des terrains peuvent amoindrir considerablement la qualite de
vie clans les quartiers adjacents, et leur emplacement doit etre choisi avec soin pour que la collectivite
en tire les meilleurs avantages. En consequence, les terrains qui conviennent au developpement
industriel devraient etre gardes en reserve pour des utilisations industrielles futures.
Pour repondre a ces besoins, le plan municipal etabiit deux designations industrielles pour diriger les
utilisations industrielles vers les endroits les plus appropries, ayant respectivement la designation de
secteur d'industries ldgeres et de secteur d'industries Lourdes. La Ville joue egalement un role important
en fournissant les terrains requis pour accueillir la croissance industrielle en tant que proprietaire de
Saint John Industrial Parks Limited, qui contribuera a assurer qu'une quantite de terrains appropriee est
accessible aux endroits designes comme secteurs d'industries legeres et secteurs d'industries lourdes,
dans des parts industriels soigneusement amenages pour alimenter la croissance future de la
collectivite.
De nouvelles utilisations des sots de la categorie industrie lourde ne conviennent generalement pas a
I'interieur du principal secteur de developpement. Des emplacements isoles a 1'exterieur du principal
secteur de developpement, viabilises ou non, se pretent mieux a beaucoup d'etablissements d'industrie
lourde a grande echelle, tels que le terminal de Canaport LNG, la centrale electrique de Coleson Cove et
('installation de gestion des dechets solides de la montagne Crane. Ainsi, i1 est prevu que les propositions
futures visant de nouveaux investissements importants a I'egard d'etablissements d'industrie lourde
necessiteront la redesignation des terrains ruraux qui les accueilleront. L'utillsation a des fins
residentielles de terrains clans le secteur d'industries lourdes est inappropriee, en raison de l'intensite de
I'activite industrielle exercee sur ces terrains, et ne sera permise en aucun cas.
LU -8 Ne pas permettre d'amenagements desservis par les reseaux municipaux d'alimentation en eau
et d'evacuation des eaux usees au -dela des limites du principal secteur de developpement sans
avoir d'abord change les limites du principal secteur de developpement, ce qui necessite une
modification de la carte d'utilisation future des sols (annexe B). Les amenagements d'industrie
lourde a grande echelle ne sont pas subordonnes a la pr2sente politique. Si une entreprise
d'industrie lourde a grande echelle qui est proposee devait, pour assurer sa viabilisation,
necessiter le prolongement des services municipaux a 1'exterieur du principal secteur de
developpement, le conseil n'etendra pas le principal secteur de developpement de fagon a ce
qu'il englobe I'amenagement, puisqu'il ne convient pas de permettre a des utilisations urbaines
des sols d'empieter sur des utilisations de terrains a des fins d'industrie lourde. Cependant, le
prolongement, s'il en est, des services d'alimentation en eau et d'evacuation des eaux usees au-
I I Page
455
Modifications finales au PlanS1 pour traduction
Le 8 avril 2014
dela du principal secteur de developpement pour accueillir des amenagements d'industrie
lourde a grande echelle seront entrepris selon le principe du recouvrement des touts.
LU -9 Envisager la modification des limiter du principal secteur de developpement lorsqu'une revision
complete du plan municipal a ete effectuee, ainsi qu'ii est expose au chapitre du plan municipal
sur la mise en oeuvre.
LU -75 Reconnaitre que la base industrielle considerable de la region fait naitre la possibilite de
nouveaux amenagements industriels imprevus de forte taille qui ne peuvent pas etre realises sur
les terrains actuellement designes comme industriels dans le plan municipal, et en raison de la
nature des utilisations des sols, soit d'industrie lourde, elles conviennent mieux sur de grands
terrains independants a 1'exterieur du principal secteur de developpement. Le conseil peut
etudier des demandes de redesignation de terrains additionnels a titre de secteurs d'industries
Lourdes sur la carte d'utilisation future des cols (annexe B) a 1'exterieur du principal secteur de
developpement et doit considerer les facteurs suivants dans son evaluation de telles
propositions :
a. les terrains designes pour les amenagements industriels sont insuffisants, ou it existe un
besoin manifeste pour I'industrie projetee d'etre situee a un endroit particulier;
b. des etudes appropriees sont effectuees par I'auteur de la demande pour convaincre le
conseil que les terrains vises se trouvent a une distance appropriee d'utilisations
incompatibles des cols, ou it est demontre que des mesures d'attenuation appropriees
peuvent etre appliquees pour reduire toute incidence de I'amenagement sur la collectivite,
la securite ou 1'environnement;
c. it a ete bien tenu compte de la convenance de 1'endroit, y compris des aspects tell que les
besoins en transport, la viabilisation municipale necessaire, i'amenagement paysager et les
zones tampons;
d. les avantages sociaux et economiques de la proposition sont clairement demontres.
LU -76 Etablir la designation d'utilisation des sols de secteur d'industries lourdes sur la carte
d'utilisation future des sols (annexe B). Cette designation vise a repondre aux besoins des
activites industrielles dont les effets peuvent nuire de fa�on importante a la securite, a
('utilisation, a I'agrement ou a la jouissance des emplacements adjacents ou voisins en raison de
leur apparence, de I'emission de bruit, d'odeurs ou de contaminants, des risques d'incendie ou
d'explosion ou de la presence de marchandises dangereuses. Les utilisations dans le secteur
d'industries lourdes peuvent etre desservies par les reseaux municipaux d'alimentation en eau
et d'evacuation des eaux usees.
LU -77 Lorsque des utilisations dans le secteur d'industries lourdes causent de la pollution ou peuvent
presenter des risques pour la securite, le conseil pourrait envisages la possibilite d'adopter la
pratique exemplaire consistant a maintenir une distance de separation ou a amenager une zone
tampon de 1,5 km a partir des utilisations des sols incompatibles. A I'interieur de la zone -
21 Page
456
Modifications finales au PlanS1 pour traduction
Le 8 avril 2014
tampon de 1,5 km, le conseil devrait envisager de ne pas augmenter la densite des utilisations
incompatibles des sols existantes qui sont adjacentes aux etablissements existants d'industrie
lourde, lorsque de telles augmentations sont proposees, afin d'assurer qu'aucune autre
intensification des utilisations incompatibles des sols ne se produira aux environs de ces
etablissements a 1'avenir.
LU -78 L'evaluation des risques et Les mesures d'attenuation constituent, pour une collectivite, une
partie integrante d'une procedure d'approbation d'utilisations des sols a des fins d'industrie
lourde. Dans les cas oO I'amenagement d'un nouvel etablissement d'industrie lourde est
propose, ou lorsqu'une etude d'impact sur 1'environnement ou une evaluation
environnementale doit titre effectuee dans le cadre d'un investissement fait dans un
etablissement existant ou propose d'industrie lourde, la Ville exigera, par vole de condition
imposee au rezonage ou par demande faite au cours de la procedure d'approbation provinciale
ou federale, que I'auteur de la demande presente des rapports techniques conformes aux lignes
directrices de The City of Saint John sur 1'evaluation des risques et ('intervention en cas
d'urgence, si de telles lignes directrices ont ete adoptees par le conseil.
LU -80 Malgre la politique LU -75, reconnaitre que bon nombre d'etablissements d'industries lourdes
hautement capitalistiques, deja etablis dans la municipalite, ne se trouvent pas clans des pares
industriels. Le conseil peut envisager le rezonage comme secteur d'industries Lourdes des
terrains adjacents a ces utilisations actuelles sans modification du plan municipal, pourvu que
('utilisation projetee soit generalement compatible avec les utilisations des sols environnants,
que des mesures appropriees d'attenuation soient prevues, que les besoins de transport
puissent titre satisfaits et que la viabilisation municipale soit suffisante pour repondre aux
besoins de 1'expansion proposee.
LU -118 Reconnaitre que I'autorite aeroportuaire de Saint John est preneuse a bail d'une etendue de
terrains considerable pour soutenir le fonctionnement de I'aeroport. La Ville appuie ('utilisation
de ces terrains a des fins qui se rapportent au transport aerien en general, lorsqu'elle est
compatible avec celle des terrains riverains adjacents de la municipalite. Les effets hors site
produits par les activites de I'aeroport peuvent avoir une incidence importante tant sur la
qualite de vie des residents des environs immediats de cet etablissement que sur la capacite de
I'aeroport de faire les investissements qui s'imposent dans ses activites. Le conseil devrait tenir
compte des effets hors site des nouvelles utilisations des sols clans son etude des demandes de
redesignation ou de rezonage des terrains qui se trouvent a I'interieur des calques de courbes
de niveau de bruit et quand des restrictions en matiere de hauteur afferentes a 1'exploitation de
I'aeroport sont imposees.
LU -81 A I'interieur des pares industriels existants designes industries lourdes situes dans le principal
secteur de ddveloppement, ne permettre en general que des utilisations des sols afferentes au
zonage d'industrie Legere et mi- lourde. Lorsque I'auteur d'une demande peut satisfaire les
exigences des lignes directrices de The City of Saint John sur ('evaluation des risques et
l'intervention en cas d'urgence applicables a 1'emplacement dune utilisation d'industrie lourde
3 1 P a g e
457
Modifications finales au PIanSJ pour traduction
Le 8 avril 2014
a I'interieur du principal secteur de developpement, le conseil peut envisages une telle utilisation
Bans une demande de rezonage.
4 l Page
Appendix B:
Proposed Schedule A: City Structure &
Schedule B: Future Land Use Maps
459
{1'
�4
4
+ U�
J
� s
9
r,
Ar
1R
'rJR 1
+p
r #,
el + f
J N
a, y
oil
t`
If',Y M
y
S
DRAFT
I N•lr. Thoaymb•h rtl b•OMferM• •M•rrl on tle• m.p.M1 •ppevdmde•dy
� •ntl rprn•dlh. gMr•1 oorvpl• and papal•. of lhh M•n.
I T M 9ohMul..hepld b• r••d In mnjuneq.h We lM e A 0 to
I Menwpel
j by Pl •, •, r jA, onA, •U%ft lo&.M W... M1_aopted
cmauN •rd ohw M A. pNnold om.l p.l p.Nd..e ir;p
*
460
0 1 2 3 4 5
Kllamtotels
M r I Primary OeyebpmehtArea (PEA)
Intensification Areas
iM Primary Centre
�' Local Centre
® Mixed Use Centre
Urban Nelghbolrhood
Suburban Neighbourhood
Employment Areas
Primary Centre
Regional Retail Centre
Emplbyme nt Area
Corridors
(}Q Character
Printery
Commerdal
OtherAreas
Stable Area
Urban Reserve
Rural Areas
Rural Resource Area
Rural Setllement Area
Common Areas to the PEA a Rural Areas
Parkand Natural Area
Q Federal Transporta9-
Intensification Areas (By Name):
A. MOnI•cd•h Ian" lru.d ICc- -IWlhy
6 F•eulN. e•ntr. L aonue•d
r- MI. Stn,9 Mhal M. Mindy. C.nere
MLel.aa'oalald. KI/.IyehNYA —,
E. Upl— O.UNaeJ P10 .
F!oath EM RMd M. hr e.". O. Pie. bd rd aq— Q. F.—I NIA•l U. —d
N,Wahrbs%hp R. Daidnell Lob
L LJnWd Pfrer a. Medrnea n, N•Inpee
AOMNorlh Eid Ll,erhovllh
n
J
.y
rte,
r
l AM r �
{1'
�4
4
+ U�
J
� s
9
r,
Ar
1R
'rJR 1
+p
r #,
el + f
J N
a, y
oil
t`
If',Y M
y
S
DRAFT
I N•lr. Thoaymb•h rtl b•OMferM• •M•rrl on tle• m.p.M1 •ppevdmde•dy
� •ntl rprn•dlh. gMr•1 oorvpl• and papal•. of lhh M•n.
I T M 9ohMul..hepld b• r••d In mnjuneq.h We lM e A 0 to
I Menwpel
j by Pl •, •, r jA, onA, •U%ft lo&.M W... M1_aopted
cmauN •rd ohw M A. pNnold om.l p.l p.Nd..e ir;p
*
460
0 1 2 3 4 5
Kllamtotels
M r I Primary OeyebpmehtArea (PEA)
Intensification Areas
iM Primary Centre
�' Local Centre
® Mixed Use Centre
Urban Nelghbolrhood
Suburban Neighbourhood
Employment Areas
Primary Centre
Regional Retail Centre
Emplbyme nt Area
Corridors
(}Q Character
Printery
Commerdal
OtherAreas
Stable Area
Urban Reserve
Rural Areas
Rural Resource Area
Rural Setllement Area
Common Areas to the PEA a Rural Areas
Parkand Natural Area
Q Federal Transporta9-
Intensification Areas (By Name):
A. MOnI•cd•h Ian" lru.d ICc- -IWlhy
6 F•eulN. e•ntr. L aonue•d
r- MI. Stn,9 Mhal M. Mindy. C.nere
MLel.aa'oalald. KI/.IyehNYA —,
E. Upl— O.UNaeJ P10 .
F!oath EM RMd M. hr e.". O. Pie. bd rd aq— Q. F.—I NIA•l U. —d
N,Wahrbs%hp R. Daidnell Lob
L LJnWd Pfrer a. Medrnea n, N•Inpee
AOMNorlh Eid Ll,erhovllh
f
f
PT <-
L a
rr
1, E
b, 1
b
a V e
n e �•
v
j,"
�'•lY 1
rrt --
I
Vii°
XA
a'
~ r r i
r
j�
E B H
! *1 N."GbN.. NPenn.. fllun96" u n murAopnI.PPro.tmNlh j
N r.pmnmm�! IN .pn..pm N pp!llqup lirrinul tlu plpn MRNdpd If
V pr.renl..nn... dole .. Iln wnapmlhroroen! awk h n.h du plrn munwpp4
.Indw'•... I.p pldn..nm.e. r6ll.m.I1Wn.. I.. pt.n...ppnd.rn..doomo P.
hppnaN ppm unN.l p. eulrol P.Mlquw tidlmm.. i
provelN.ha p munplp.N. 00N.W...
461
4 1 2 3 4 5
I4lombtres
A "I$C.
! I Pdnicipal secteur do d6veleppement (P&D)
Secleurs do donsiliwllon
Centre principal
Centre local
® Centre ii utillsatiom mate,
QuaMar urbaln
Quardersuburbaln
Secteurs d'emploi
i♦ Centre principal
Centre r6gional de commerce de ddoli
Seoteur d'emplol
Corridors
_r}
W Qietinctif
Principal
- C,Ommarclal
Autres sesteurs
Sutpurstable
R69erve urbaine
Sootours ruraux
Secteurde remources rural,
Secteur de pauplement nlrar
Sectsurs communs au FIS0 et oux secteurs
ruraux
Parc et afro naturelle
Q Tremportaticn fEd6rsl
Seetsurs de deslfication (par nom):
A. gwr..r MOnb CrlN - K grudW pe.p.nt nary
qp ...N Le.m.r.N
L nM Fr Wlh M. pent. MIISd9evae
C, rue Maln eyk.!
0. m. h pi... unlw.ar
4 .ndenguedhrpe..l eu tl. rtlaPN
E ..nip—Ale P. eknpk McAaalpr
R Wort, r.utl 2qu.W.r F- 111111..
0. pee. Pr.. Fdrwrd L.beem
M. qu.rU.rW.Wb. VM.e. mWe T..&.!
I. w Irl Lenadou.. S. 1lpdhen i lWp
J. N u.
... qrll.1 nerd l: Lpen.Nrh
462
N
-P&nsJ
4,'
n I pdmary Development Area (PDA)
Intensification Areas
Loy r Density Residential
Lowto Medium Denstty Residential
IIIIF Medium to High Densily Realdarraal
1Eo
3.,�'�❑
�'�. primary Centre
Local Centre
r�3
Mixed Use Centre
-u doymant Areas
Regional Retail Centre
Business Centre
Stable Commercial
+
Heavy lndualdal
UgM Industrial
Corridors
Sam— Commercial
Rural Areas
Rural Settlement
-
Rural Resource
Rural Residential
OtherAraaa
Q Federal Transportation
Major Community Facility
Park and Natural Areas
Stable Residential
Urban Reserve
5
= IUlomwors
1
�� r `, . Ir � •� .
N
6 6
f 40 Vii'
:r 4, e
ff
1 _ _
•F . \ I y
,i
- d
BUHE
ef."p" w. mr .el n ry ...Ph .11l nplhg. a q.. vii- d u ..nh e.M wrd npPnalm.ahl
Phn mnnlolpnl. I
IVpr..xd.mwwdeb..bn oowemeamm.rd.wer.hld. du phnmwl.lp.l,
�.I qu'eYw he .uwa .nrmwa r.dl.m.rdehu, M Phm ...snddm .doPld. P.r
I�m.Ih eonnlre= mmwrl.eM win. pelNlqu�. riui..1..- '�T.._ —.- - -�
n.iM. o. my11?ipN...pPllo.hha
463
"h .
e
0 1 2 9 4 5
nlamftft
A-1?-7, S1
m r I Principal secteur de d6veloppement IPSDI
Secteurs de densrflcation
R6sidaldlel S falble detred6
Rlsidelrhel A densl6 foible ou moyenne
R6sldenfier 6 densl6 moyenne eu forte
r ' Centre principal
y. Centre local
Centre a ullsations mixtes
f eateun d'emplol
W Centre rlgional de commerce do dhiall
1W Centred'afFaires
Commercial stable
Industrlrs lourdes
Indmbles IEgtrn
Corridors
�- Commen;iel
Sectetms ruraux
Peuplemerd rural
Ressoumes rural"
P.Wdentlel rural
Autres secteurs
M Transport rMGral
M; Eraaissement communautaue maj-
�"` 'Parcetalrenaturelle
R6aideldlel stable
R6serve urbaine
Appendix C
Proposed Schedule A: City Structure &
Schedule B: Future Land Use Maps Amendments
EM
'C,, Iz,S 1 1200 King William Road
Legend
Subject Property (ies)
;Primary Development Area
[D(s�): 55293276
Existing Plan Designation: Rural Resource and Heavy Industrial
Draft Plan Designation: Heavy Industrial
Date: February 7, 2014
465
0 375 750 1,500
t—L r 1 I 1 i 1 1
Meters
Map created by the City of Saint John
�. Carte produlte par The City of Saint John
® 2014 The City of Saint John
SAINT JOHN
I'!,� Bay Shore Area
Legend
Subject Property (ies)
PID(s): 55110019 and 55109847
Existing Plan Designation: Heavy Industrial, Stable Residential and
Park and Natural Area
Draft Plan Designation: Heavy Industrial and Park and Natural Area
Date:. February 7, 2014
MOO
0 75 150 300
1 1 1 1 1 1 1 1
Meters
Map created by the City of Saint John
Q & Carte produite par The City of Saint John
2014 The City of Saint John
SR. -NT VAIN
�r
�� 730 Bayside Drive 4
Draft Plan Designation
F
9
s�
StabIf'�
r
Rural
Resource
Residi_ it ai
4 tit`
F Irai
_ 4 �
I
� 3
Legend
0 200 400 800
Subject Property (ies) i I °
_
■i ; Primary Development Area hgeters
PID(s): Various PIDs
Existing Plan Designation: Rural Resource "AIL Map created hy the City of Saint John
Carte produlte per The City of Saint John
Draft Plan Designation: Heavy Industrial 02014 The City of Saint John
SAINT lUl{N
Date: February 7, 2014
467
I P� ;S I Loch Lomond Road #4
Legend
Subject Property (ies)
PID(s): portion of 55206197
Existing Plan Designation: Rural Resource
Draft Plan Designation: Rural Resource and Rural Residential
Date: February 7, 2014
0 250 500 1,000
Meters
JX Map created by the City of Saint John
Carte produfte par The City of Saint John
® 2014 The City of Saint John
SAINT JOHN
I I ° Fieldstone Estates I
a e
Legend
Subject Property (ies)
Primary Development Area
PID(s): 55168892
Existing Plan Designation: Rural Resource
Draft Plan Designation: Stable Residential
Date: February 7, 2014
,E
0 100 200 400
11 1 r 1 r 1 1 1
Meters
r Map created by the City of Saint John
Carte produtte par The City of Saint k
02014 The City of Saint John
SAINT JOHN
S 2240 Red Head Road (Canaport)
Legend
Subject Property (ies)
PID(s): Various PIDs
Existing Plan Designation: Rural Resource and Rural Industrial Area
Draft Plan Designation: Heavy Industrial
Date: February 7, 2014
470
0 375 750 1,500
Meters
`- Map created by the City of Saint John
Carte produite par The City of Saint John
P 2014 The City of Saint John
SAINT JOHN
�, -7'zs t Coleson Cove
Legend
Subject Property (ies)
PID(s): Various PIDs
Existing Plan Designation: Rural Resource, Park and Natural Area
and Rural Industrial Area
Draft Plan Designation: Hearty Industrial
Date: February 7, 2014
471
0 500 1,000 2,000
Meters
Map created by the City of Saint John
Carte produite par The City of Saint John
® 2014 The City of Saint John
SAINT JOHN
south end of Spruce Lake Industrial Park
Legend
Subject Property (jes)
PID(s): Portions of 00412189 and 55218754
Existing Plan Designation: Rural Industrial Area
Draft Plan Designation Heavy Industrial
Date: February 7, 2014
472
0 500 1,000 2,000
Meters
/s Map created by the City of Saint Jahn
Carte praduite per The City of Saint Jahn
® 2014 The City of Saint Jahn
SAINT JOHN
P&fw S i Paddy's Hill #9
Legend
Subject Property (ies)
PID(s): Various PIDs
Existing Plan Designation; Rural Industrial Area
Draft Plan Designation: Heavy Industrial
Date: February 7, 2014
473
0 500 1,000 2,000
Meters
Map created by the City of Saint John
�,. Carte produite par The City of Saint John
- 02014 The City of Saint John
SAINT JOHN
I S'l,
Crane Mountain #10 1
Daft Flan Designation Park'
and Natural Park-and
atur,i' Area Natural
Area%
Parl
ral rFa Parkand Park.and
�` Natura
Park and Natural Area
;sr„ Natura
e o r Area
P;=i• ` Rural
j Rur I
. Resources
i term rC_g -
Park;and
'"mot I nor
�� S: I •_I.- Natural s
i
....................
'% Q Ara
area
.Area _
Park
and•Natural
' •� � �
Park and '.�: Ares IJ -. ,mil o� a
.� 'Jatural•Aren
Parkland
Natural
Area
rturai Arer Parkland
- — Resource Natural `Area
Legend
0 500 1,000 2,000
Subject Property (ies) r I_ r t I I
Meters
PID(s): Various PIDs
Existing Plan Designation: Rural Industrial Area
.,. Map created by the City of saint John
Carte produite par The City of Saint John
Draft Plan Designation: Heavy Industrial (`2014 The City of Saint John
SAINT JOHN
Date: February 7, 2014
474
33 Bridge Road (Simms Corner)
Legend
Subject Property (ies)
PID(s): 00035741, 55119424, 55119432, 00033621, 00035170 and
00034082
Existing Plan Designation: Light Industrial
Draft Plan Designation: Heavy Industrial
Date: February 7, 2014
415
0 50 100 200
Meters
7�
Map created by the City of Saint John
,r Carle produite parThe City of Saint John
U 2014 The City of Saint John
;it'UNT JOHN
I P// * —
230 -280 Bayside Drive/ 555 Courtenay Bay Causeway
Legend
Subject Property (ies)
PID(s): Various PIDs
Existing Plan Designation: Light Industrial
Proposed Plan Designation: Heavy Industrial
Date: February 7, 2014
476
0 200 400 800
Meters
p Map created by the City of Saint John
Carte produke par The City of Saint John
® 2014 The City of Saint John
SAINT JOHN
" �r 1 4180 Loch Lomond Road (Saint John Airport) #13
Legend
Subject Property (ies)
PID(s): 00354415
Existing Plan Designation: Federal Transportation
Draft Plan Designation: Federal Transportation (showing runway)
Date: February 7, 2014
477
0 625 1,250 2,500
Meters
Map created by the City of Saint John
Carte produite parThe City of Saint John
0121314 The City of Saint John
SAINT JOHN
P& -1�'SI Commerce Drive 1 Loch Lomond Road
Legend
Subject Property (ies I o 125 2so goo
Meters
PID(s): Various PIDs
Existing Plan Designation: Urban Reserve
Map created by the City of Saint John
Draft Plan Designation Stable Residential and Regional Retail Centre par
' � 32014 TheC of Sha rCity of Saint John t John
&AJxT 1olt,N
Date: February 7, 2014
=WEE
EM M IUJ Fl
lig
., N
I Qka-i�
EI-T:i 5n
IP � ws * off Somerset Street
Legend
Subject Property (ies)
PID(s): Various PIDs
Existing Plan Designation: Urban Reserve
Draft Plan Designation: Stable Residential
Date: February 7, 2014
M:1
0 375 750 1,500
1 1 f f 1 r 1 f
Meters
Map created by the City of Saint John
Carle produite par The City of Saint John
0 2014 The City of Saint John
SAINT JOHN
S I 1559 -1595 Hickey Road 1;
Legend
Subject Property (ies)
PID(s): 55058630, 00335711 and 00436600
Existing Plan Designation: Urban Reserve
Draft Plan Designations Stable Residential
Date: February 7, 2014
0 75 150 300
Meters
Map created by the City of Saint John
Carte produite parThe City of Saint John
® 2074 The City of Saint John
SAINT JOHN
� zws off Grandview Avenue #18
Legend
Subject Property (ies)
PID(s): 00340497, 00337352 and a portion of 55021695
Existing Plan Designation: Urban Reserve
Draft Plan Designation: Stable Residential
Date: February 7, 2014
Em
0 75 150 300
1 1 r t 1 1 r t 1
Meters
Map created by the City of Saint John
Carte produtte par The City of Saint John
0 2014 The City of Saint John
SAINT JOHN
r°` 1123 Grandview Avenue and 29 Boylan Road #19
I Existing Plan Des(gnatic
A
,k 'gym f
I Graft Plan Deg;
Legend
rP, r,R
,a C..
'IPr °7
C. " °i
Subject Property (ies)
PID(s): 00336180 and 00340364
Existing Plan Designation: Urban Reserve
Draft Plan Designation: Stable Residential
Date: February 7, 2014
.•
0 100 200 400
1 1 r 1 1 1 1 r 1
Meters
Map created by the City of Saint John
Carte produite per The City of Saint John
0 2014 The City of Saint John
SAINT JOHN
�, Green Head Road # 20
Draft Plan Designation
H
w.
y.
4P
AM-
Ln
Legend
0 125 250 500
Subject Property (les) I I I I I
Meters
PID(s): N/A
Existing Plan Designation: Urban Reserve Map emated by the City of Saint John
Carte produlte par The City of Saint John
Draft Plan Designation: Park and Natural Area 02014 The City of Saint John
SAINT JOHN
Date: February 7, 2014
ME
off Golden Grove Road # 21
Legend
Subject Property (ies)
PID(s): portions of 00416834, 00000004 and 55088934
Existing Plan Designation: Urban Reserve
Draft Plan Designation: Stable Residential
Date: February 7, 2014
ME
0 100 200 400
Meters
►r 1i Map Created by the City of Saint John
"a't Carte produite parThe City of Saint John
0 2014 The City of Saint John
SAINT JOHN
e iG
Rq,:
Ir.
PId
n�
zS 1 1711 Sandy Point Road # 23
Legend
Subject Property (ies)
P I D (s): 00051821
Existing Plan Designation: Urban Reserve
Draft Plan Designation: Stable Residential
Date: February 7, 2014
.;
0 125 250 500
1 1 1 r 1 1 1 1 1
Meters
Map created by the City of Saint John
Carte produite par The City of Saint John
Q 2014 The City of Saint John
SAINT JOHN
r1lo mmy
Maj'aa
M.
P6.7ZS1,
off Sandy Point Road #25
Legend
Subject Property (ies)
PID(s): Portions of various PIDs
Existing Plan Designation: Urban Reserve
Draft Plan Designation: Stable Residential
Date: February 7, 2014
,;.
0 250 Soo 1,000
Meters
Map created by the City of Saint John
Carte produite par The City of Saint John
® 2014 The City of Saint John
SAINT JOHN
University Avenue 1 Tucker Park Road # 26-
Legend
Subject Property (ies)
PID(s): Various PIDs
Existing Plan Designation: Urban Reserve
Draft Plan Designation: Primary Centre and Stable Residential
Date: February 7, 2014
�•1
0 200 400 800
11 r r 1 1 r t 1
Meters
f Map created by the City of Saint John
Carle produite per The City of Saint John
n 2014 The City of Saint John
0
SA NT JOHN
off Manawagonish Road # 27
Legend
Subject Property (ies)
PID(s); various PIDs
Existing Plan Designation: Urban Reserve
Draft Plan Designation, Stable Residential
Date: February 7, 2094
491
0 250 500 1,000
II 1 1 I 1 1 1 f
Meters
Map created by the City of Saint John
Carte produite par The City of Saint Jahn
® 2014 The City of Saint John
5A[NT JOHN
i25 I Gilbert Street and area
Legend
Subject Property (ies)
PID (s): Various PIDs
Existing Plan Designation: Urban Reserve
Draft Plan Designation: Park and Natural Area and
Commercial Corridor
: February 7, 2014
492
0 125 250 500
I— 1 1 1 _ 1 1 1 i
Meters
! Map created by the City of Saint John
Carta produlte parThe City of Saint John
C 2014 The City of Saint John
SAINT JOHN
-� Portions of 408 Mill Road (Pulp & Paper Mill) # 29
Legend
Subject Property (ies)
PID(s): Portions of 55162416
Existing Plan Designation: Heavy Industrial
Draft Plan Designation: Stable Residential
Date: February 7, 2014
493
4 62.5 125 250
Meters
{; Map created by the City of Saint John
Carle produite par The City of Saint John
9 2014 The City of Saint John
SAINT JOHN
�r
�� 930 Old Black River Road # 3
Legend
Subject Property (ies)
PID(s): 55143721 and portions of 55186985
Existing Plan Designation: Heavy Industriall and Stable Residential
Draft Plan Designation: Major Community Facility and
Stable Residential
Date: February 7, 2014
...
0 125 250 500
Meters
Map created by the City of Saint John
Carte produite par The City of Saint John
® 2014 The City of Saint John
SAINT JOHN
R �
fi &� 5'J 294 -306 and 303 -327 Westmorland Road # 31
Legend
Subject Property (ies)
PID(s): Various PIDs
Existing Plan Designation: Park and Natural Area and
Regional Retail Centre
Draft Plan Designation. Stable Residential
Date: February 7, 2014
495
0 125 250 500
Meters
Map created by the City of Saint John
Carte produite par The City of Saint Jahn
6" 2014 The City of Saint Jahn
SAINT JOHN
I P° -7-7,S 224 and 230 Westmorland Road #32
Legend
Subject Property (ies)
PID (s): 55141113 and 55102719
Existing Plan Designation: Park and Natural Area
Draft Plan Designation: Stable Residential
Date: February 7, 2014
M•.
0 125 250 500
1L 1 1 1 1
Meters
Map created by the City of Saint John
s° :r Carte produite par The City of Saud John
d 2014 The City of Saint John
SAINT JOHN
D4-"ws Gatherwood Street 1 Fairville Boulevard # 34
Legend
Subject Property (ies)
PID(s): Various PIN
Existing Plan Designation: Medium to High Density Residential
Draft Plan Designation: Regional Retail Centre
Date: February 7, 2014
M•:
4 125 250 500
Meters
i Map created by the City of Saint John
Carte praduite per The City of Saint John
® 2414 The City of Saint John
SAINT IDHN
"e'I.'-0lr•i
;� Oakland Street 1 Retail Drive #36
Legend
Subject Property (ies)
PID(s): Various PIDs
Existing Plan Designation: Regional Retail Centre
Draft Plan Designation: Commercial Corridor
Date: February 7, 2014
500
0 125 250 500
1 1 1 1 t 1 1 1 t
Meters
Q Map created by the City of Saint John
Carte produite per The City of Saint Jahn
P 2014 The City of Saint John
SAINT )OHN
"� Union and Waterloo Street
Legend
Subject Property (ies)
PID(s): Various PIDs
Existing Plan Designation: Medium to High Density Residential
Draft Plan Designation: Primary Centre
Date: February 7, 2014
501
0 62.5 125 250
Meters
d" Map created by the City of Saint John
Carte produite per The City of Saint John
® 2014 The City of Saint John
SAINT ]OHN
)- ¥
A � � � : #■
ƒL /
� ¥!.
a
P zvzs l 410 -416 Bay Street #39
Legend
Subject Property (ies)
PID(s): 55122204, 55121768 and 55121776
Existing Plan Designation: Stable Residential
Draft Plan Designation: Major Community Facility
Date: February 7, 2014
503
0 125 250 Sao
t-1 r i I i r r 1
Meters
/ Map created by the City of Saint John
Carte produlte per The City or Saint John
-D 2014 The City of Saint John
SAINT JOHN
I P� V?S 1 Manners Sutton Road #40
Legend
Subject Property (ies)
PID(s): Portions of various PIDs
Existing Plan Designation: Undesignated
Draft Plan Designation: Stable Residential
Date: February 7, 2014
504
0 100 200 400
�L t I_ t t t
Meters
Map created by the City of Saint John
Carle produite par The City of Saint John
0 2014 The City of Saint John
SAINT JOHN
P�vzsl Cottage Road # 41
Legend
Subject Property (ies)
PID(s): Various PIDs
Existing Plan Designation: Rural Resource
Draft Plan Designation: Stable Residential
Date: February 7, 2014
505
0 200 400 800
1 1 1 1 1 1 t H
Meters _
Map created by the City of S S John
Carte produite per The City Of Saint John
G C- 2014 The City of Saint Jahn
SAINT JOHN
I P� , ,zS 1687 Sandy Point Road
Legend
Subject Property (ies)
PID(s): 55058556
Existing Plan Designation: Park and Natural Area
Draft Plan Designation: Stable Residential
Date: February 7, 2014
506
0 125 250 500
Meters
QY Map created by the City of Saint John
Carte produite per The City of Saint John
a:^ 2014 The City of Saint John
SAINT JOHN
I Cosy Lake Road # 43
Legend
Subject Property (ies)
PID(s): Various PIDs
Existing Plan Designation: Rural Residential
Draft Plan Designation: Rural Resource and Park and Natural Area
Date: February 7, 2014
507
0 200 400 800
Meters
Map created by the City of Saint John
Carte produite par The City of Saint John
4'2014 The City of Saint John
SMNI' JOAN
P4, . W, si Churchland Road
F
Draft Plan Designation UfLi
t36itY
ri
L7 l' Y
a �xr`��ura R � fsl •".t`�wr
r, , HI ,rrEi
Rural ,
a #_ Resource!„ I
Rural 1
Resource
rk P sib, �.
• - i IEF a?
y 9
salt.
ROsl erL
Park a d`
Natural Area
Legend
Subject Property (ies) ° aoo aoo aoo
Meters
PID(s): Various PIDs
Existing Plan Designation: Rural Residential and Rural Resource /
Map created by the City of Saint John
Carte produite par The City of Saint John
Draft Plan Designation: Rural Residential and Rural Resource ®2014 The City of Saint John
SAINT JOHN
Date: February 7, 2014
1:
A
� s i Sand Cove Road 1 Sea Coast Lane # 45
Legend
Subject Property (ies)
PID(s): 55100630, 00403592, 55091425, 00403659, 55141071
and 55157978
Existing Plan Designation: Rural Residential
Draft Plan Designation: Rural Resource
Date: February 7, 2014
509
0 250 500 1,000
Meters
f Map created by the City of Saint John
Carte produite par The City of Saint John
® 2014 The City of Saint John
WNT JOHN
S1 305 and 309 Ashburn Road # 46
Draft Plan Design
zr
7 . tw
4P#
Legend
50 500
Subject Property (ies) 0 125 2 I I I I I
Meters
PID(s): 00052688 and 00052696
Existing Plan Designation: Rural Residential
Map created by the City of Saint John
Cane produlte per The City of Saint John
Draft Plan Designation: Rural Resource 0 21314 The City of Saint John
SAINT JOHN
Date: February 7, 2014 1
510
S1 48 and 70 Foster Thurston Road
Legend
Subject Property (ies)
PID(s): 00053413, 00053405 and 55161657
Existing Plan Designation: Rural Residential
Draft Plan Designation: Rural Resource
Date: February 7, 2014
511
0 125 250 500
t— 1 1 r 1 1 1 1
Meters
0 Map created by the City Saint John
Carte praduite per The City of Saint John
0 2014 The City of Saint John
SAINT JOHN
f 441 Red Head Road
Legend
Subject Property (ies)
PID(s): portion of 00337956
Existing Plan Designation: Rural Residential
Draft Plan Designation: Rural Resource
Date: February 7, 2014
512
0 200 400 800
11 1 1 I_ I 1 I
Meters
Map created by the City of Saint John
Carte produite parThe City of Saint John
® 2414 The City of Saint John
SAINT JOHN
S"I Aspen Road # 49
Legend
Subject Property (ies)
PID(s): Various PIDs
Existing Plan Designation: Rural Resource
Draft Plan Designation: Rural Settlement
Date: February 7, 2014
513
0 375 750 1,500
Meters
Map created by the City of Saint John
Carte produite par The City of Saint John
0 2014 The City of Saint John
SAINT JOHN
255 -279 and 258 -298 Golden Grove Road
Rural
Residentiai
Draft Plan Designation
Rest e; -,
I''if
I t II al-
Xsrs14, r, i 4 $
so
:y �Stable't
cror5
Residential
-
rtr
Legend
Subject Property (ies) o izs z5o s1
Meters
PID(s): Various PIDs
Existing Plan Designation: Rural Resource
�j Map ereated by the City of Saint John
Carte produite par The City of Saint John
Draft Plan Designation: Rural Residential ®2014 The City of Saint John
SAINT JOHN
Date: February 7, 2014
514
�� south of Kennebecasis Park # 51
Legend
Subject Property (ies)
— Saint John Municipal Boundary
PID(s): Various PIDs
Existing Plan Designation: Urban Reserve
Draft Plan Designation: Stable Residential
Date: March 31, 2014
515
0 125 250 500
Meters
r Map created by the City of Saint John
Carte produite per The City of Saint John
V 2014 The City of Sarni John
SAINT JOHN
�- 1215 -1373 Sand Cove Road 139 -45 Morton Lane
Legend
Subject Property (ies)
PID(s). Various PIDs.
Existing Plan Designation: Urban Reserve
Draft Plan Designation: Stable Residential
Date: March 31, 2014
516
0 125 250 500
Meters
Map created by the City of Saint John
Carte produite parThe City of Saint John
Ce 2014 The City of Saint John
SAINT JOHN
i
SI West of Meadow Land Subdivision
Legend
Subject Property (ies)
�- Primary Development Area
PID(s): Various PIDs
Existing Plan Designation: Urban Reserve
Draft Plan Designation: Stable Residential and Park and Natural Area
Date: March 31, 2014
517
0 250 500 1,000
Meters
Map created by the City of Saint John
Carte produlte per The City of Saint John
® 2014 The City of Saint John
SAINT JOHN
Golden Grove Road
Legend
Subject Property (ies) 0 125 250 500
® Protected Watershed Meters
PID(s): Various PIDs
Existing Plan Designation: Rural Residential t Map created by the City of Saint John
Carte produite par The City of Saint John
Draft Plan Designation: Rural Resource and Park and Natural Area •r 2014 The City of Saint John
sMNT JOHN
Date: March 31, 2014
518
;`� Golden Grove Road # 51
Legend
0 125 250 500
Subject Property (ies) t t I r r I i
® Protected Watershed Meters
PID(s): Various PIDs
Existing Plan Designation: Rural Residential {e Map created by the City of Saint John
Carte produlte par The City of Saint John
Draft Plan Designation: Rural Resource and Park and Natural Area U 2014 The City of Saint John
.�i1 dN'a JOHN
Date: March 31, 2014
519
l E Eldersley Avenue 1 Latimore Lake Road #56
Legend
Subject Property (ies)
® Protected Watershed
PID(s): Various PIDs
Existing Plan Designation: Rural Residential
Draft Plan Designation: Park and Natural Area
Date: March 31, 2014
520
0 125 250 500
11— 1 1 1 1 1 1 i
Meters
Map created by the City of Saint John
Carle produite par The City of Saint John
w 2014 The City of Saint John
SAdNT JOHN
,S Latimore Lake Road # 5`�' '
Legend
Subject Property (ies) 0 125 250 5 I
y r � I r I
® Protected Watershed Meters
PID (s): Various PIDs
Existing Plan Designation: Rural Residential and Rural Resource Map created by the City ofSalntJohn
" C 2014 oduit tpar Selnt IJoh Saint John
Draft Plan Designation: Park and Natural Area and Rural Resource SAINT JOHN
Date: March 31, 2014
521
SJ 1200 Pipeline Road East #
Legend
Subject Property (ies) o 125 zso soo
® Protected Watershed Meters
PID(s): portion of 00335919
Existing Plan Designation: Rural Residential and Rural Resource Map created by the City of Saint John
Carte produlte par The City of Saint John
Draft Plan Designation: Park and Natural Area and Rural Resource ®2014 The City of Saint John
SAINT JOHN
Date: March 31, 2014
522
Old Black River Road 1 Proud Road # 59
Legend
Subject Property (ies)
- - - Primary Development Area
PID(s): portions of various PIDs
Existing Plan Designation: Rural Residential
Draft Plan Designation: Rural Resource
Date: March 31, 2014
523
0 250 500 1,000
I i i i I i I i
Meters
Map created by the City of Saint John
Carte produite perThe Giry of Saint John
® 2414 The City of Saint John
SAINT JOHN
I � Dolan Road 1 McGill Road #60
Legend
Subject Property (ies) 0 100 200 400
--- -�-_�- City Boundary
Meters
PID(s): portions of various P1Ds
Existing Plan Designation: Rural Residential Map created by the City of Saint John
Carte produite par The City of Saint John
® 2014 The City of Saint John
Draft Plan Designation: Park and Natural Area and Rural Resource e
SMNT JOHN
Date: March 31, 2014
524
a
`5 Churchland Road 1 Cosy Lake Road
Legend
Subject Property (ies)
PID(s): portions of various PIDs
Existing Plan Designation: Rural Residential
Draft Plan Designation: Rural Resource
Date: March 31, 2014
525
0 125 250 500
Meters
Map created by the City of Saint John
Carte produite parThe City of Saint John
® 2014 The City of Saint John
WNT JOHN
9.
.*p Golden Grove Road
Legend
Subject Property (jes)
PID(s): portions of various PIDs
Existing Plan Designation: Rural Residential
Draft Plan Designation: Rural Resource
Date: March 31, 2014
526
0 62.5 126 260
1 1 1 t 1 f 1 i 1
Meters
Map created by the City of Saint John
Carte produfte par The City of Saint John
® 2014 The City of Saint John
SMNT JOHN
P1,���5 Lake Minote
Legend
Subject Property (ies)
PID(s): portions of 00350579
Existing Plan Designation: Rural Residential
Draft Plan Designation: Rural Resource
Date: March 31, 2014
527
0 125 250 500
Meters
/ Map created by the City of Saint John
Carte produtte par The City of Saint John
0 2014 The City of Saint Jahn
SAINT JOHN
SI Golden Grove Road 1 Bradley Lake Road # 64
Legend
Subject Property (ies)
==° City Boundary
PID(s): portions of various PIDs
Existing Plan Designation: Rural Residential
Draft Plan Designation: Rural Resource
Date: March 31, 2014
528
0 125 250 500
Meters
Map created by the City of saint John
Carle produite par The City of Saint Jahn
0 2014 The City of Saint Jahn
WNT JOHN
Existing Plan Des
Golden Grove Road
Legend
Subject Property (ies)
PID(s): portions of 00350041
Existing Plan Designation: Rural Residential
Draft Pian Designation: Rural Resource
Date: March 31, 2014
529
0 15 30 60
Meters
Map created by the City of Saint John
Carte produlte per The City of Saint John
�`i� ,, ® 2014 The Cq of Saint John
N'r JOHN
Churchland Road #66
Legend
Subject Property (jes)
PID(s): portions of 00350660
Existing Plan Designation: Rural Residential
Draft Plan Designation: Rural Resource
Date: March 31, 2014
530
0 125 250 Soo
Meters
" Map created by the City of Saint John
Carte produRe parThe City of Saint John
® 2014 The City of Saint John
SAINT JOHN
I ISI Lorneville Road # 67
Legend
Subject Property (ies)
,„ = Primary Development Area
Rural Residential Designation
Rural Resource Designation
Date: March 31, 2014
531
0 250 500 1,000
I IL 1 I P 1 I I f
Meters
~
Map created by the City of Saint John
Carte praduiie par The City of Saint John
C 2014 The City of Saint Jahn
snrxm ;q-,AN
*ups Anthony's Cove Road #
Legend
Subject Property (ies)
Rural Residential Designation
Rural Resource Designation
Date: March 31, 2014
532
0 250 500 1,000
Meters
,. Map Created by the City of Saint John
1 Carte produite par The City of Saint John
0 2014 The City of Saint John
SAINT JOHN
5: Red Head Road /Anthony's Cove Road
Legend
Subject Property (ies)
Rural Residential Designation
Rural Resource Designation
Date: March 31, 2014
533
0 350 700 1,400
Meters
Map created by the City of Saint John
Carte produite par The City of Saint John
02014 The City of Saint John
SAINT 10AN
S Old Black River Road # 70
Legend
Subject Property (ies)
- - Primary Development Area
Rural Residential Designation
Rural Resource Designation
Date: March 31, 2014
534
0 200 400 800
Meters
PUT Map creased by the City of Saint John
Carte produite per The City of Saint John
Cl 2014 The City of Saint John
SAINT JOHN
�� Red Head Road 1 Old Red Head Road # 71
Legend
Subject Property (ies)
- - - Primary Development Area
Rural Residential Designation
Rural Resource Designation
Date: March 31, 2014
535
0 175 350 700
Meters
{Ij Map created by the City of Saint John
Carte produite parThe City of Saint John
Rn 2014 The City of Saint John
SAINT JOHN
T
-/15 Westfield Road
Legend
Subject Property (ies)
- w - Primary Development Area
Rural Residential Designation
Rural Resource Designation
Date: March 31, 2014
536
0 200 400 800
Meters
Map Created by the City of Saint John
Carta produite par The City of Saint John
® 2094 The City of Saint Jahn
SAINT JOHN
�Zvlzsi
Westfield Road
Legend
Subject Property (ies)
Rural Residential Designation
Rural Resource Designation
Date: March 31, 2014
537
0 250 500 1,000
Meters
Map crested by the City of Saint John
Carte produiie per The City of Saint John
® 2D14 The City of Saint Jahn
SAINT JOHN
P� wsf Red Head Road # 74
Legend
Subject Property (ies)
P - Primary DevelopmentArea
Rural Residential Designation
Rural Resource Designation
Date: March 31, 2014
538
0 125 250 500
Meters
Map created by the City of Saint John
Carte produlte par The City of Saint John
02014 The City of Saint John
$AJNT JOHN
P4, /,,S Grandview Avenue # 75
Legend
Subject Property (ies)
{ -• - Primary Development Area
Rural Residential Designation
Rural Resource Designation
Date: March 39, 2014
539
0 125 250 500
Meters
Map created by the City of Saint Jahn
Carte produite par The City of Saint John
® 2014 The City of Saint Jahn
SAINT JOHN
Si Grandview Avenue/ McLaughlin Road
Legend
Subject Property (ies)
-, Primary Development Area
Rural Residential Designation
Rural Resource Designation
Date: March 31, 2014
540
0 175 350 700
11 — r r 1 1 r 1 1
Meters
sr . Map created by the City of Saint John
Carte produite parThe City of Saint John
® 2014 The City of Saint John
1 Hickey Road m
Legend
Subject Property (ies)
- Primary Development Area
Rural Residential Designation
Rural Resource Designation
Date: March 31, 2014
541
0 125 250 500
Meters
° Map created by the City of Saint Jahn
Carle produite par The City of Saint John
2014 The City of Saint John
SAINT JOHN
S i Gladstone Avenue 1 Latimore Lake Road
Legend
Subject Property (ies)
Rural Residential Designation
Rural Resource Designation
Date: March 31, 2014
542
0 200 400 800
Meters
Map created by City of Saint John
Carte produite par ar The City of Saint Jahn
0 2014 The City of Saint John
SAINT JOHN
It V� s Estate Drive / Latimore Lake Road
Existing Plan Designation
'V—
Legend
Subject Property (ies)
Rural Residential Designation
Rural Resource Designation
Date: March 31, 2014
543
0 200 400 800
Meters
Map created by the City of Saint John
Carte produite par The City of Saint John
®2014 The City of Saint John
SAINT JOHN
SI Ragged Point Road
Draft Flan Designation �
Legend
Subject Property (ies)
y - Primary Development Area
Rural Residential Designation
Park And Natural Area
Date: March 31, 2014
544
s�
0 125 250 500
Meters
Map created by the City of Saint John
Carte produite par The City of Saint John
0 2014 The City of Saint John
sn�x•7` o�i �r
Existing Plan Designation
Eldersley Avenue
HE
Legend
Subject Property (ies)
Rural Residential Designation
Rural Resource Designation
Date. March 31, 2014
545
0 175 350 700
Meters
Map created by the City of Saint John
Carte produite par The City of Saint Jahn
® 2014 The City of Saint John
smNT JOHN
S1 Eldersley Avenue
'k
Legend
Subject Property (ies)
Rural Residential Designation
Rural Resource Designation
Date: March 31, 2014
546
0 175 350 700
Meters
Map Created by the City of Saint John
Carte produite per The City of Saint John
0 2014 The City of Saint John
SAINT JOHN
?Sl Golden Grove Road 1 Hillcrest Road
Legend
Subject Property (ies)
Rural Residential Designation
Rural Resource Designation
Date: March 31, 2014
547
0 200 400 800
Meters
Map Created py the City of Saint John
(P Carte produb per The City of Saint John
^' 2014 The City of Saint John
WNT JOHN
i ,� Hillcrest Road 1 Marilyn Drive
Legend
Subject Property (ies)
Rural Residential Designation
Rural Resource Designation
Date: March 31, 2014
0 250 500 1,000
Meters
Map created by the City of Saint John
QY 9J Carte produfte parThe City of Saint John
2D14 The City of Saint John
SAINT JOHN
'-
S I Morrison Road
Legend
Subject Property (ies)
Rural Residential Designation
Rural Resource Designation
Date: March 31, 2014
549
0 200 400 800
Meters
Map created by the City of Saint John
Carte produite par The City of Saint John
0 2014 The City of Saint John
SAINT JOHN
Loch Lomond Road 1 Saddlebrook Court # 86
Legend
Subject Property (ies)
Rural Residential Designation
Rural Resource Designation
Federal Transportation
Date: March 31, 2014
550
0 200 400 800
Meters
Map created by the City of Saint John
Carte produite par The City of Saint John
9 2014 The City of Saint John
SAINT JOHN
`S Loch Lomond Road
Legend
Subject Property (ies)
® r - Primary Development Area
Rural Residential Designation
Rural Resource Designation
Date: March 31, 2014
551
0 100 200 400
Meters
Map created by the City of Saint John
Carle produlte par The City of Saint Jahn
® 2014 The City of Saint John
SAINT JOHN
&-ns Churchland Road 1 Denton Drive
Legend
Subject Property (ies)
Rural Residential Designation
Rural Resource Designation
Date: March 31, 2014
552
0 250 500 1,000
Meters
Map Created by the City of Saint John
Carte produlte parThe Clry of Saint John
2094 The City of Saint John
SAINT JOHN
' �S Churchland Road 1 Leafy Vale Lane
Legend
Subject Property (ies)
Rural Residential Designation
Rural Resource Designation
Date: March 31, 2014
553
0 250 500 1,000
I_I 1 1 I ! 1 i I
Meters
Map created by the City of Saint John
Cane produite per The City of Saint John
® 2014 The City of Saint John
SAINT JOHN
�Ws 1 Golden Grove Road # 90
Legend
Subject Property (ies)
Rural Residential Designation
Rural Resource Designation
Date: March 31, 2014
554
0 500 1,000 2,000
Meters
}` Map created by the City of Saint John
Carle produlte par The City of Saint John
M 2014 The City of Saint John
&UNT JOHN
,2S Golden Grove Road # 91
Legend
Subject Property (ies)
Rural Residential Designation
Rural Resource Designation
Date: March 31, 2014
555
0 900 200 400
Meters
Map created by the City of Saint John
Carle produite par The City of Saint John
® 2014 The City of Saint John
SAINT JOHN
P&W ;� Highland Road # 92
Legend
Subject Property (ies)
- .Primary Development Area
Rural Residential Designation
Rural Resource Designation
Date: March 31, 2014
556
0 100 200 400
Meters
Map created by the City of Saint Jahn
Carte produite par The City of Saint Jahn
y� 0 2014 The City of Saint John
SAINT JOHN
Graham's Brook 0 ::
Legend
Subject Property (ies)
Rural Residential Designation
Rural Resource Designation
Date: March 31, 2014
557
0 200 400 800
Meters
Map created by the City of Saint John
c Carte produite per The City of Saint John
0 2414 The City of Saint John
SMNT JOHN
� Loch Lomond Road # 94
Legend
Subject Property (ies)
Rural Residential Designation
Rural Resource Designation
Date: March 31, 2014
558
0 175 350 700
Meters
Map created by the City of Saint John
Carte produlte parThe City of Saint John
® 2014 The City of Saint John
SAINT JOHN
Loch Lomond Road 1 Little River Road #W
Legend
Subject Property (ies)
Rural Residential Designation
Rural Resource Designation
Date: March 31, 2014
559
0 175 350 700
Meters
Map created by the City of Saint John
Carte produite par The City of Saint John
0 2014 The City of Saint John
SAINT JOHN
I��S Hillcrest Road
I--
Areas presf -nHy undesignali r
Legend
Subject Property (ies)
Rural Residential Designation
Rural Resource Designation
Date: March 31, 2014
560
0 175 350 700
tom_ , r r I t I i
Meters
Map created by the City of Saint John
Carte produite par The City of Saint John
-?!2014 The City of Saint John
SAINT JOHN
` �S1 Loch Lomond Road 1 Norris Road
Legend
Subject Property (ies)
Rural Residential Designation
Rural Resource Designation
Date: March 31, 2014
561
0 175 350 700
Meters
m Map created by the City of Saint John
Carte produife par The City of Saint Jahn
C 2014 The City of Saint John
SAINT JOHN
�'�� Loch Lomond Road 1 Churchland Road
Legend
Subject Property (ies)
Rural Residential Designation
Rural Resource Designation
Date: March 31, 2014
562
0 175 350 700
Meters
Map created by the City of Saint John
Carte produite par The City of Saint John
02014 The City of Saint John
SAINT JOHN
Loch Lomond Road 1 Sproule Road
Legend
Subject Property (ies)
Rural Residential Designation
Rural Resource Designation
Date: March 31, 2094
563
0 200 400 800
Meters
!" Map created by The City of Saint John
Carte produite par The City of Saint John
;, 2014 The City of Saint John
Ski i!3T JOHN
P /-,/, -f r S � Golden Grove Road
Legend
Subject Property (ies)
Rural Residential Designation
Rural Resource Designation
Date: March 31, 2014
564
0 100 200 400
Meters
Map created by the City of Saint John
Carle produile par The City of Saint John
® 2014 The City of Saint John
34*1 JOHN
P�m S I Dolan Lake # 101
Legend
Subject Property (ies)
Rural Residential Designation
Rural Resource Designation
Date: March 31, 2014
565
0 37.5 75 154
1 r
Meters
Map created by the City of Saint John
QY Carte produite par The City of Saint John
® 2014 The City of Saint John
SAINT JOHN
Existing Plan Designation
1
`i
N
D
tam ■
Golden Grove Road
R Ii
i's
Legend
Subject Property (ies)
Rural Residential Designation
Rural Resource Designation
Date. March 31, 2014
566
0 62.5 125 250
1L t 1 1 1 t 1
Meters
Map created by the City of Saint John
Carte produite par The City of Saint John
Q 2014 The City of Saint John
SMS 1011 1
X20 Pelton Road 1 Beach Road
Legend
Subject Property (ies)
Primary Development Area
Rural Residential Designation
Rural Resource Designation
Date: March 31, 2014
567
0 125 250 500
1 -I i i I I t I I
Meters
/( s Map created by the City of Saint John
Carte produite par The City of Saint Jahn
*2014 The City of Saint John
SltjNT JOHN
;S Sandy Point Road
Legend
Subject Property (ies)
-', - Primary Development Area
Rural Resource Designation
Stable Residential Designation
Date: March 31, 2014
0 125 250 500
Meters
Map created by the City of Saint John
Carte produite par The City of Saint John
0 2414 The City of Saint John
SAINT JOHN
August 20, 2014
Appendix E:
Letters to PAC (up to August 15, 2014)
569
June 6th, 2014
TO: The Mayor & Council, Vie Chairman of the Planning Advisory Committee, The Common Clerk & The
Planning Office.
RE: Municipal Plan Amendments
AI's Ultra Car Sales & Service
2086 Ocean Westway, Saint John, NB E2M 5.11
PID # 00287458, 00287441, 00287474
We are writing to ask that you include us in your Municipal Plan Amendments, so that our
properties fall under Stable Commercial Classification (MP Sec 3.5.2), and not stable residential as I
understand is in the current Municipal Plan. If the city has another designation that fits a Commercial
Car dealership which is our existing use and not making our business an excexrtfon we would consider it.
It is imperative that the Municipal Plan and Proposed Zoning By -Law be aligned to reflect our existing
use. We have made our concerns with respect to the proposed zoning known and hereby reiterate our
concern.
We are a large car dealership, which has been in existence at this location for over 20 years and
continues to grow and evolve. We are asking that you recognize our dealership as a Commercial Area,
which would PROPERLY RECOGNIZE IT'S EXISTING LISE, and not as an gKpgRtian.
Our Property is located on Ocean Westway (Hwy 100) and Hwy 7 beside us (see schedule A & AA), The
area is a vast mixture of Various businesses. The area is not transitioning into residential at all as is
suggested by city planning officials. Not a single business has reverted back to residential and there have
been no new residences built in many years. To the contrary; The City is looking to rezone a huge
property just down the Road (Hwy) from us to be zoned Light Industrial (see schedule B).
We have had much correspondence to the city with regard to our property and has been our
understanding that we were to be a Commercial Corridor (CC) in Zone SJ, (see schedule C) and would ask
that you please amend the Municipal Plan so that it is proper. Ourlong established pre - existing
Commercial Business should be recognized as such, and not be an exception. We were here long before
the Municipal Plan, and were told by planning officials in late summer 2013 at a town hall meeting, and
was in the Oct 2013 City Zone draft that we would be CC Zone. The CC Zone designation, with
restrictions if necessary, would be acceptable.
There are many other comparable properties thru out the city being amended. Just up the
street from us the City Of Si has recently acquired a property (formerly Fundy Fencing) and wooded
areas beside it to be designated as stable commercial. This is directly across the street from a brand new
housing development (See Schedule D). There are numerous other examples the city is looking to
amend with Stable Commercial designation, Bentley St (Green Lee Shoes), CedarCrest Garden Center,
On the Vine/Tim's etc ... We respectfully request the same consideration.
We believe the City of Saint John wants to do right by the business owners within our city and
we are only asking what should have been done at the outset of Plan SJ. Our property meets the
requirements for Stable Commercial designation, If the city has another designation that's fits a
commercial car dealership which is our EXISTING USE and not making us an exce tion we would consider
it.
This Commercial Business is our life's work, We don't believe it was ever the intent of Plan SJ to
have long established Business owners losing sleep over new designations. Our Bona fide Pre - Existing
Anything else would not be Proper or Fair.
Thank You
Al Williams & Karen Connell C JUN 162014
t
�r
�� 570 0-P
Legend
Subject Property (ies)
PID(s): 00287458, 00287441 and 00287474
Oct. 2013 Draft: Corridor Commercial (CC) and RUral (RU)
Feb. 2014 Draft: General Commercial (CG) and Rural (RU)
Date:February 7, 2014
cur- �, o co-A l ' o iC\.
0 125 250 500
Meters
• Map craatad by the City of Saint John
Cade pradu0e par The City of Sain' John
® 2014 The City of Saint John
c41NT 110h E
New Brunswick Route 100 - Wikimedia, the free encyclopedia
New 2i`'a nswiek Route 100
From Wikipedia, the free encyclopedia
Route 100 is 49 kilometres long, and runs from Saint John to Hampton, New
Brunswick.
Route 100 follows the through route across Saint John and the Kennebecasis
Valley that was used prior to the construction of the Saint John Throughway and
MacKay Highway. The road begins on Saint John's west side using Ocean West A
http:/Ien-wikipedia.org/wiki/Ne*—Brunswick—Route 100
gny nu rx _ IIG DUn1eVYClSh Fuio crosses me �ceversmg ra��s tsr�oge to C nesley
Drive on the north Tend. t uwn crosses a viaduct to the city centre, where it takes
City Road to the east side, and leaves Saint John on Rothesay Avenue. Route 100
continues as the Hampton Highway through the Kennebecasis River Valley towns
of Rothesay and Quispamsis, and uses a former al ignment of Route 1 to reach
Hampton.
See also
■ List of New Brunswick provincial highways
References
^ New Brunswick Department of Transportation: Designated Provincial Highways,
2003
ra d
Route 100
Route information
Maintained by New Brunswick Department of
Transportation
Length: 48.6 kmll] (30.2 mi)
Existed: 1976 — present
Major junctions
West end: Route 1 in Lorneville
East end:, Route 1 in Hampton
Location
Major Saint John, Rothesay, Quispamsis,
cities: Hampton
Highway system
Provincial highways in New Brunswick
Former routes
Retrieved from "http: / /en.wikipedia.org <—Sris Route 95 Route 1018,
—.
/w /i ndex.php ?title = New— Brunswick_Route_ 100 &oldi d= 604248287"
Categories: New Brunswick provincial highways Roads in Saint John County, New Brunswick
Roads in Kings County, New Brunswick Hampton, New Brunswick Transport in Saint John, New Brunswick
New Brunswick road stubs
• This page was last modified on 15 April 2014 at 03:21.
• Text is available under the Creative Commons Attribution- ShareAlike License; additional terms may apply. By using this
site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a registered trademark of the Wikimedia Foundation,
Inc., a non -profit organization.
572
1 of 1 2014 -05 -30 8:42 PM
Saint John Industrial Parks has been very successful
in fulfilling its mandate to create infrastructure to
facilitate the sale and development of industrial
lands with the vision of generating tax base for the
City as well as jobs for citizens.
So successful, in fact we have less than 50 acres
of land in inventory for resale and development
purposes, we simply need to increase our inventory
so that we afe prepared to address future
development needs and opportunities, Opportunities
which will expand our tax base, and ensure jobs are
available for Saint John residents.
We have applied
to re -zone the
40 acre parcel
of property ,
bordered by
King William Rd.,
Ocean Westway
and Route 1 as
a step toward
rebuilding our
inventory.
f
We know you will have questions. We
have attempted to identify and address
a few of those questions below:
What types of businesses can we expect in this
development?
We are applying to rezone this property as Light
Industrial.
Will there be increased traffic on Ocean Westway?
We anticipate Route 1 highway access to be a
primaryfeature of the location; "MUPAPIZA 14
eivabJ L0,ere w�'II be 4g,
Ocean Westwa .
s ryerMUtlon on hours of operation for tenants'
In our experience, light industrial users typically
operate as 9 -5 type operations.
Tell me about noise at night?
Because light industrial users are typically 9 -5 type
operations, minimal if any noise impact is anticipate
outside of their normal window of operation.
Will there be light pollution?
Certainly light spill is a legitimate concern. We will
mandate tenants that they are not to have rear
building mounted lights and further a proposed 45
meter (150 feet +) buffer between the businesses
and existing residential will be enforced; at 45
meters the buffer is 50% wider than mandated by
current city planning documents.
The proposed development is outside of the
Municipal and Provincial watershed buffers, no
impacts are expected. Further, SJIP, which has an
established record of environmental sensitivity, will
be held to the standard of a 100 year storm in the
planned control all surface water.
Will there be blasting at any point?
According to our initial site investigations there
will be no requirement to blast for installation of
municipal services.
SGII�GIV,E. U
Suss do�.x� road mom
573
�
s.
Legend
Subject Property (les)
P10(s): 00287458, 00287441 and 00287474
Oct. 2013 Draft: Corridor Commercial (CC) and Rural (RU)
Feb. 2014 Draft: General Commercial (CG) and Rural (RU)
Date:February 7, 2014
0 125 250 500
Meters
Map created by the City of Saint Jnhn
Carte produile par The City of Saint John
® 2014The City of Saint John
SAINT 101.111
ScfiEdvl� G
574
sov%eaol- C, ID
'fir•
T
a
s
c
�
|
/
���� tir ts
/
- -- --'--�--------�---------'--------- --------- __|
576
Bev Purinton
210 Lakewood Ave
Saint John NB, E2.1 3P1
July 21" 2014
Letter to Council Re zone Si
Mayor and Council,
r Y1 r Yr} 00A i"G!`A
Aoer ur!a
Kid 4--
Y-e p %.- lrl r► I V-4
J '�
I was interested in a question asked at a council meeting July 7th regarding the new zoning plan
that will be presented to council in September. Councillor Fullerton mentioned she had heard
from residents that felt they would be negatively affected by the proposed zoning plan and was
asking about a process for them to be heard. I would also like Council to know that I'm in a
similar situation and like Councillor Fullerton am wondering If there will be any opportunity for
my situation to be address before the new zoning plan is voted on, and approved.
I've lived in Lakewood Heights for over twenty years and purchased land there with the
intention to build a home and develop additional residential lots, In 20091 approached the
Planning department and put together a plan with their guidance, in the report from staff I had
their full support and it was presented to council in February 2010. Staff required I include
features in keeping with the "new direction" they were heading in, which included smaller lots
and multi - family units to encourage diversity. I suspect this was the first time the council of the
day had seen the new direction as they denied the approach and Jacqueline Hamilton said in an
interview with the Telegraph Journal shortly after that this was why a new municipal plan was
required for Saint John. Plan 51 was launched shortly thereafter.
The negative Impact of the new zoning Is because of a Primary Development boundary that is
so rigid it follows property lines and would require costly and time consuming amendments to
the plan for any flexibility. My property is literally on the boundary but has access to City water
and sewage, has two city streets to the property and an elementary school on the primary
access street only a few yards away. Other developments have been approved in the same
neighbourhood since I originally approached the City and were not required to include multi-
family units as I was originally which was a concerti for residents. I've been told by Staff that
the primary development boundary in Plan SJ is the reason the development of my property
can't be supported now and the zoning will be changed. My property is currently zoned for
residential development however it's RS1 and Staff requires smaller lots so now under Plan SJ it
will be zoned rural resource. It's my opinion that if this happens the types of use that will be
367
577
permitted to occur under the new zone would be considerably less appealing to the residents in
the neighbourhood as opposed to new single family homes. A very good case could be made
for a practical solution to this problem with a buffer zone along the Primary Development
Boundary that would allow for residential development next to and in keeping with existing
residential zones. In this situation anyone developing in the buffer zone would be fully aware
that a rural zone exist and could plan accordingly vs the current plan to impose a rural zone
next to already existing residents giving them no ability to plan for it.
In short, I purchased my property knowing it was zoned residential, Indicated my intention to
develop and had support from staff before plan 5!. The public consultation of Plant S) did not
deal with specific issues such as this however the Primary Development Boundary being
imposed is very specific to property lines. I have a concern is that If negative impacts of the
zoning plan are only heard during the time of council's vote, the opportunity for proper
consideration and due diligence will be lost. I would appreciate any opportunity to be
thoughtfully heard on my situation before the vote.
Regards
C-,, R,�—
Bev Purinton
K.:
578
Oudooke m PrintMe.ssw btIM-//blulgO.ninit.liva.com/of/maijmvdprhMmsaps?Wwenca
Print close
FN,V- P;1 m Saint Sob it & Zone Saint John
From: denmis grii5r.. (weusco@hotmail.com)
Sent: August -10-14 75:15 AM
Th; dennis grif nn (weusco@hobmail.com)
Plan Saint John. & Zone Saint John
AUG 15 2014
To the Mayor Mel NortonlCouncil & Planning Advisory Committee of the city of Saint John
Aug 20 & Sept 812014
At the July 7th 2014 meeting of council the head planner - Jacqueline Hamilton - presented the final version
of the PIanSJ & ZoneSJ bylaws . these documents with all the changes were then voted on to be scent to the
PAC for an August 20/2014 meetingjapproval & to then return to council on Sept W014 meeting & approval.
As many of the PAC & this council members are not familiar with the history of our property & why we take
the stand that we have taken we will try to explain .
In the mid 70s we bought our first property in Red Head prior to getting married with the intent in
establishing a community where we could raise a family & start the next won of Griffin family members
. We then went on to buy more land for the next generation to build on. In the mid 90 Saint John Industrial
Parks Ltd. started to rezone lands next to ours m the McAllister Industrial Park . There was a removal of
millions of yards of gravel to areas of the city including the King of Cats project in 1998/2000 . Around this
time the manager of SJIP discussed the rezoning of our RF land to I9Jmdustrial zone . At another time SJiP
suggested a land swap- all our RF land for S&S lands in the Red Head area - we did not think that this was a
good situation to go into spa it went no further.
In 2003 the provincial government/NB Power & Irving OR Ltd. teamed up to try to expropriate a 350 foot
industrial eonidor/ROW through our land next to McIllveen Drive in the McAllister Industrial Park .That
attempt to take from us our property failed when they could not get any Or imulsdon from '1zuela .
Shortly after 2003 the city of Saint John & Irving Oil Ltd. teamed up to put an industrial corridor through the
Red Head community & our lands taking from us 160 feet of property & going right through a known source
of gravel ( test pitted by Gulf Operators in May 7th/2001) . This new road was fast named " The Secondary
Access Rand to Red Head " but is now called Bayside Drive . Also at this time IOL wanted to make it a
controlled access road and this is where the Bay" Drive Bylaw was create to give access: to parent property
owners & the RIGHT to build homes/subdivisions off of Bayside Drive. This was when Mayor Norman
Farlane held office. IOL & Gulf Operators built the new industrial cosridar through Red Head to mppec
Point at NO cost to the city of Saint John saving $10 million . The emly catch was that city had to take the
land fiorn the Rightful owners because of the history of the 2003 of Orimulsion expropriation failure . All of
these facts are spelled out in the " Design/Build Agreement 2007 " between the city & Irving Oil Ltd. at that
time period.
In 2006 we built our first home for our son @ 21 Gnffln Lane & placed a mini home @ 31 Griffin Lane.
579
On Sept 2012011 we asked for a variance once again to break off another piece of our land to build a new
Outiookcom Print Message
hops :'IblulSO.asli3live. con /oUm3uiixwc/PriErtMassages w-ca
were told that our lands could not be subdivided further because ofPlanST which did not come into effect till
Jan 2012. From reading the reports between the city of Saint John & Enterprise Saint John & Atlantic Potash
& the Environment Impact Assessments for Red Head we understand why we were turn down from building
our daughters new home . We were never told any of this in&rmtion prior to making application for permits
to build & lost over $1800.00 plus improvements to lot of $25,000.00.
In January of 2012 the council of Ivan Court passed the new PlanSJ in which our lands were changed from
RS2 & RF to RR/RU/1M. We have stated from the beginning of the renewal of the Municipal Plan that we did
not want/asked for the zoning changes . We bad bought this farmland with the zones RS2 & RF status/zoning
& that we intended to build homes on it for our family . We are nut deaf to the city needs & understand why
you need our lands for the fixture . As was clearly stated by the manager of STIP " the till is empty & the
cupboards are bare " when it comes to land in the industrial parks in East Saint John & elsewhere . We did
offer to the city several proposals but have never had a counter offer to their situation of empty tills &
cupboards problem only rejection.
When the new PlanSJ & ZoneSJ are studied you will find the very similar to the facts found in the EIAs for
Eider Rock Refinery, Secondary Access Road to Red Head, LNG Terminal, Wellfield Protection Area for
Harbourview Subdivision, Saint John Waste Water Treatment Plant in Red Head & Final Wetlands
Assessment for the Anthonys Cove area . All these Environment Impact Assessments have one thing in
common - land & that homes & heavy industry are not a good mix. Add to this a new fertilizer plant of
Atlantic Potash Corp & you can see why ZoneST bylaws are written as they are with no changes for property
owners in Red Head area of Saint John.
Once again we state that we do not want our property zone of RS2 & RF changed to RR/RU/IM . Copies of
C.P. 110 & Community Planning Act are provided for your benefit . Please read & understand before you pass
judgement/vate on our land/future
Most Sincerely,
Dennis & Janice Griffin
865 Red Head Road
Saint John N13
E2P ID
pid - 336701
:o
f ` f l
P-2
Ti1E
ZONING BY -LAW
OF THE
CITY OF SAINT JOHN
BY-LAW CUMBERC.P. 11
The City of Saint John
Now Brunswick
(Nota: Ce document est aussi disponible en frangais)
581
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
bt,F4►AOrts ExemPlaim 9-se-Ad cane
lied -n du
John
__.
norm" - ro W"
I, J. PATRICK WOODS, of The City of Saint John in the
County of Saint John and Province of New Brunswick, DO HEREBY
CERTIFY:-
9 , That I am the Common Clerk of the said City of Saint John
and as such have the custody of the minutes and records of the Common
Council of the said City of Saint John and of the Common Seal of the said
City.
2. That hereto attached and marked "A" is a copy of a by -law
entitled "The Zoning By -law of The City of Saint John" enacted at a
meeting of the Common Council of The 'City of Saint John held on the
nineteenth day of December, A.D. 2DO6.
3. That I have carefully compared the said by -law with the
original and the same is a true copy thereof.
D A T E D at The City of Saint John on the sixteenth day of
January, A.D. 2006.
IN TESTIMONY WHEREOF, 1, the said
Common Clerk of The City of Saint John have
hereunto affixed the Common Seal of the said
City the day and year first hereinbefore written.
. I
J. P k Woods
Common _Q"
30 ZONES
(1) For the purpose of this By -law, the following zones are established and the lands included in
each zone are shown on the Zoning Map Sheets appendixed hereto as Schedule A.
Zone
Short Title
one and two family suburban residential
RS -1
one and two family and mobile home
suburban residential
RSA M
one and two family suburban residential
R2
one and two family and mobile home
suburban residential
RS -2M
mobile home park
MH
one family rural residential
RR
one family serviced suburban residential
RSS
one family residential
R -1A
one family residential
R-1 B
one and two family residential
R -2
four family residential
R-4
townhouse
TH
three storey multiple residential
RM -1
high rise multiple residential
RM -2
central area multiple residential
RM -3
multiple residential infill
RM -IF
neighbourhood institutional
ILA
major institutional
IL. -2
local business
B-1
general business
B -2
business residential
BR
central business
B -3
12583
120 ONE AfiD TWO FAMILY SUBURBAN RESIDENnAL R[ S -21
(1) Uses
Any land, building or structure may be used for the purposes of, and for no other purpose
than,
(a) the following uses:
a one - family dwelling;
a two- family dwelling;
subject to Section 810(1), a group home;
a park or playground;
as a secondary use to a residence, a kindergarten, nursery, or day care centre
for not more than six children;
subject to Section 810(3), a home occupation;
- an agricultural use, but not including the keeping of animals.
(b) the following uses subject to such terms and conditions as may be imposed by the
Committee:
subject to Section 810(2), a convenience store with or without ancillary take -out
restaurant and dwelling unit;
as a secondary use to a convenience store, gasoline sales;
- as a secondary use to a residence, a kindergarten, nursery, or day care centre
for more than six children;
subject to the Mobile Home Parks By -law, a mobile home park;
- an office for a doctor or dentist;
k subject to Section 810(11)(b), the excavation of land greater than one metre for
the purposes of preparing the site for development permitted in the zone;
(c) subject to Section 830, an accessory building, structure or use, incidental to a use,
building or structure permitted in this Section.
(2) Zone Standards
(a) Minimum lot area
(i) Unserviced
9
120
RS -2 ZONE
(2) (a) (i) one family ............................... ..........................4,000 square metres
two- family .......... ............................................... 5,400 square metres
other... ............................... ..........................4,000 square metres
(il) Municipal Water and Sewer
one family . ............................... ............................690 square metres
two-family . ............................... ............................930 square metres
other.... ............................... ............................930 square metres
(b) Minimum lot width
(i) Unserviced
one - family ................................ .............................54 metres
two - family ................................ .............................60 metres
other................................. ............................54 metres
(ii) Municipal Water and Sewer
one- family ............................... .............................22 metres
two - family ........ ......................... .............................30 metres
other.................................... .............................30 metres
(c) Minimum lot depth for
unserviced lots .................................... .............................38 metres
(d) Minimum front yard ............................... ............................7.5 metres
(e) Minimum side yard ............................... ............................... the lesser of:
15 per cent of lot width, or
4.5 metres
(i Minimum rear yard ................................ ............................7.5 metres
(g) Minimum ground floor area
(i) for a semi - detached dwelling
single storey ................... ............................119 square metres
split-level . .................. .............................95 square metres
11, 2 or 3 storey ............. .............................83 square metres
(ii) for a dwelling, other than a semi- detached
single storey ...................... .............................89 square metres
- spilt -level ........... . .... .............................71 square metres
1%, 2 or 3 storey ............. ..8 ..........................62 square metres
585 1
23
120 RS -2 ZONE
(2) (h) Maximum height ..................................... ..............................9 metres
the maximum height may be increased to 11 metres, if minimum side yards of 9
metres are provided.
f
9M
720 RURAL, Ma
(1) uses
Any land, building or structure may be used for the purposes of, and for no other purpose
than,
(a) the following uses:
- one - family dwelling;
- two-famlly dwelling;
- church;
community centre and
grounds;
elementary school;
- high school;
vocational school;
- subject to subsection 810(3),
a home occupation;
- subject to Section 890(l), a
group home;
- library;
- park or playground or wood -
lot;
- as a secondary Use,
subject to subsection
(2)(a), farming or the
keeping of animals;
fishing, but not
Including processing or
sales on the premises;
(b) the following uses subject to such terms and conditions as may be imposed by the
Committee:
commercial recreational facilities including golf, tennis, boating, swimming,
skiing but not including automobile, cycle, or horse -race tracks;
- subject to Section 810(2), a convenience store, with or without ancillary take -out
restaurant and dwelling accommodation;
- as a secondary use to a convenience store, the sale of gasoline;
- hospital for the treatment of animals;
- institution of an educational or philanthropic nature;
- subject to the Mobile Home Parks By -law, mobile home park;
office for one or two practitioners of medicine or dentistry;
private club, fraternity or lodge without a license under the New Brunswick
Liquor Control Act;
13587
0
720 RF ZOWE
(1) (b) - subject to clauses (ii) and (iii) of subsection (2)(a), a riding stable;
wireless station;
temporary seasonal stand for the sale of fruit, vegetables, flowers, sea foods,
souvenirs, handicrafts and similar products;
subject to Section 810(11)(b), the excavation of land greater than one
metre for the purposes.of preparing the site for development permitted in
the zone;
(c) subject to Section 830, an accessory building, structure or use, incidental to a use,
building or structure permitted in this Section.
(2) Conditions of Use
(a) the keeping of domestic animals is permitted only in conjunction with the residential use
of a lot and subject to the following standards and conditions:
(i) the lot is not less then 4000 square metres in area with a lot width of not less
than 60 metres;
no stable, building, enclosure or structure in which domestic animals are kept is
located within 22 metres of any property line or 15 metres of any dwelling;
(iii) any necessary approval under the Health Act is obtained;
(iv) the total number of all such animals (other than their young under the age of six
months) on a lot Is limited to:
A, In the case of horses, ponies, goats or sheep,
(1) two animals, if the lot is a minimum of 4000 square metres,
(2) three animals if the lot is a minimum of 6000 square metres with a lot
width of at least g0 metres,
(3) more than three animals, if an additional 2000 square metres is
Provided for each animal,
B. in the case of cows, one animal per area of 2 hectares with a lot width of at
least 180 metres.
C. notwithstanding subsection (iv) B, a total of 30 cattle may be located on
approximately 4 ha 00 acres) at 586 Churchland Road (NBGIC Number
55020036).
134588
720
(3) Zone Standards
(a) Minimum lot area
RF ZONE
- a dwelling ................................ ............................4.0 hectares
other........................... .............................4 000
• . square metres
(b) Minimum lot width
a dwelling ....... ............................... ......120 metres
other . ................................................................ 80 metres
(c) Minimum lot depth ............................... .............................38 metres
(d) Minimum front yard ................................ ..............................9 metres
(e) Minimum rear yard ............................... ............................7.5 metres
(0 Minimum side yard
15 per cent of the width of the lot to a
maximum of 9 metres
(g) Minimum ground floor area;
(i) for a semi - detached dwelling
single storey ...................... .............................99 square metres
split -level ........ ................... .............................79 square metres
1%, 2 or 3- storey ............... .............................69 square metres
(ii) for a dwelling, other then a semi - detached
- single storey ..................... .............,...............74 square metres
- split -level ..... .............. .............................59 square metres
- 1 h, 2 or 3- storey ............... .............................52 square metres
(h) Maximum height .................................... .............................11 metres
13 89
L;OMMU ty riannMg Act Page 23 of 81
(al ba a Statement of tine abjers'rses fcrtre 1Y,kre dew,dopmeru of me rnr+ricipality;
(S) Mhlain a atatarrhant of she io be ■aoompNshed by a mning or autrdWobn bylaw;
(C) be aanmisfsrd wtih the apocable regional plan V any; and '
(cp be hosed an such shdlesand aurvaya ae the Minister may require.
197x, c7, e.29; 19K cab, M2.
30(1) Sub)ad to this section, a council mty by byaaw adopt a basic Owning statement prepared
under the conditions and In the manner set out in auction 29.
30(2) Subject to this saWork where a council Is required under paragraph 21)(1)(b) to prepare a
basic punning stalosrent, It atradl by 6yaaw adopt audl eteW=M within two yMs of" WlkjC Wa
daft of ft plan or order mentioned In that paroraph.
30(3) No byaeYhr under this 3et3ion is vabd unIOW a ro)orlty of the whole council totes in favour of
300) V ttih respect to any municipality, the Mister may extend or reduce a dme limb under
subsection (2).
19M c.7, s.80.
30.1 If a rural plan under suluaedton 77.2(1) is not in atFecd for a rural aommunliy, sections 2e end
30 apply with the necessary rnoNcathm to the rural oonsnrmlly council.
2005, G7, 11.12.
37 The provisions of seot[om 2a, 26 and 27 pertaining to a municipal plan apply noes mubrrdba
too basic planing stalanwin adopted under section 30.
197$ c.7, e.31.
DEVEWPAUM SCHt'MIS
32(1) IAlhere a municipal plan, basic planning Statement Or rural plan under aubsertion 27.2(1) or
77.2(1) is to eftmti the Council or rural Community council, as the case may be, may by by-law adopt
a development sdrerns to tarry out or amplify
0) any pry therein uggested or outlined, or
(b) any project VW Is not inconsistent tfwewith.
32M For greater certainty without bmttirrg the general Power tmrrfargd by submiction (1), a
(a) shall
0 Consist of such written statements, mope, drahMgs and other descriptive reciter, an
under Seel. signed by the Clerk or rural oommunity clerk and Indicating that they are a part of
the schas ne, as may be necessary io Illustrate tine dd... ,
(1) del I the lend attecI by fhb scheme,
{II) at out dolab of the development or rodavelopmed to be carried out in the scheme
area,
nup: //laws. gab .ca /en/showfWldoc /Cs/C- /20111013 10/13/2011
Community Planning Act Page 24 of 81
(w1 deaoibe ile "Mmw In wlrknit the scheme Is trdetrded bn be fmplemmbA
(b) do kdO the amount of any lend to be raved In the sclorne area, or 9 feeclble the
pargonknr land to be reserved, and the manner in which the reeer s&m Is to be eluted, and
(vi) praea`bi a the manner in which lend In to achmne one Is to be aubdMded; and
N) may. in "Oullon to the antenna area,
(q prescribe
(A) the manner In which OdOng haaldblge and abtndt U may be No 0 or
Mpalred where sudr daveloprnenie would not oiherwlee be pmn ttad by the mch wm.
and
(8) devebp nenb fir whk2n no bWMktg pe ma is rwomd,
W WPM* ttx to amiellum asseri* oxwoldahm We or lease by ft rt o tl a ty or
naW corrrtu* orsltoh lartd6 MMdW ortdruclum sm.s ry to any out am sphere,
PQ btdlaato land to be aoguirad as eta ails or iocabon of d male pubrlc buifdstpe. adwols,
panics or rawsabo n areas, or ogler pubbcsendas such a % #. weleror eswara k
Qv) provide for agraertrerrls vAb the owners of land rrnanOmed in akpwagmo pll) ae ya
pear ft wort of sw* land for such purposes,
(v) akx*% areas of land swelable tar reeidentdsd, oamrrre cK bnduablal, agraffidral or
other purpose at any parkular bares and
(A) spa* the order and Wi tg for MAXlvisian or development of arty pardager part
thereof.
32(3) A develolwre ed *M shall be prepared under suer dkecuan as Is provided herein for the
paperstion or
(a) a municipal plan or rural plan under subseftn 272(1), in the case or a s&nerne parta"trs
a municipallly or rural axn=Nty. or
(6) a regional plan, In the case d a schema pertaining to an unkncorpon ded arse,
and steal rrnakie provision tlor such general mailers as the Mknistar may require.
32(4) The provision of sections 25, 26 and 27 WM reeped to a municipal plan apply awfalcr
mdwKft t4 a davedopmertt scrams under this sactton.
32(5) Habml dandinp any development schema byaaw, a council or rural axrmnigr sound, as
the sae may be. may aulhorke Vie consinrc&p, allerkng or wMirbM or any land, building or
abucue If
(a) In its opinion. such land, bulddng or svucture Al enrdbnn to the scheme, or
(b) the owner of the land, butdkng or aructure enders Into an agrarnani wllh the coundl ar rural
corm unily carrncil containing such farms and condliorts as the oouncil or rural commmunl y council
considers Iii.
f /
httpJll awe. gnb. ca /en/showfulldoc %s!G`�� / /ZOI I x 013 10/13/2011
Community Planning Act Page 70 of 81
hcb*Wm MM to FkwMWAef<nkr►ss ;aIbn Act to ire commtoalon end the Corwr Ssbn Sha1 deal
vft the money fn OMORiance wth tie dhoe bons of the Real CwM MR* QDuned and aeatlon 37;
(c) wheea a 'Be %I amendktt the nWW pis Is prodded for in to by -lax, it &hall be paid,
nommIstandim the Fknw=W Adirk bilraf w Act, to tine c omnYsSIM and dW be crediled to ire
cast of ire delivery of ft land true plannirrt sandoe under subsection 27.2(2) of the Mmb aAfiaa
Act and
M the powers In sacibns 35 and 36 with reaped to certain propo&ad uses and xarianos chap be
deemed to be wrated In the netarant oor>$rbww.
77JM The R rm Act dose net sp* to a nisi plan under subs actim (1).
1094, CAS, a.31; lea@, 62e, &.a; 2006, r 7, a.12.
ACMURM OF LAND
78(1) IUbOd to tun satdon, a munbM141 or rural omw wngy may acqujre by gill, puetr(.
O propdatiarr or G&Afwm"land or inIend In land regWrad for ft Wpoaa of GmNtM out any
props& d MVIOwnl In a ntmddpal plan, rural plan under &rrdrred W 27 2(1) or 77 2(1), ba&r6 ptennaet
stalmmo or d6ere1opererd or Urban rwe 90110m In effect hr till rrwnifdtp * or rural commurr*r
:8W LwM drat may baacquired under n (1), or under wrbgsogm 82(1), Odudas
(a} the nemnante of Mceb. portions dwhich are essettal to a purpose marrdoned tweiin;
IN arry fartd flat tfra3 be a�latnuai3r ail by enarryirga oil a propoael merAiotiad thrMe4r
M arty kind OK if a bond to be built upetrr wthout reatricbon, OWK boolne the ads of bui*w
Or &IAMILI es ON WOW prdOjdW* ~ the ful argoymard of WW hulhtrtlf fornwq pad of the
plopaaad dayelOprtrerd a lire � effect 1Ftereof; and
(d) any isnd W the aouncl ex rnasl oomrnunigf douncf. M the oaae may W. aOraMders could be
canverW* eubdattded of M-enanped and dembped at part of the prpp=M
78(3) An wgxop Mon ur► der subsection (7) eha0 be undeRaken in accordance with
(a) Into case at s municlpeify, eacbort S of the AftmapsNea Act':
(b) In the cruse of a neral commungy, subsecOw 180.08(6) cf the Afr MaOafi w Act
1072. ct7. &.711;1994, G-K aM 20M c.T, &.12.
78(9) Su*lct to this section, the Wider may sNwre by 9M pumhasa, a popdaton or otherwise
Srny ISM Or b taresd in Isnd required for the purpose of earro nt out erly prcfsaeal Oo,"Ined h a
regional plan or rural pion nndar aubaW*m 77(2.1), or in a regula8m made purauwd to
paragraph 77(1)(4•
79(2) Yha provklibna of eu6aecttorr 78(2) reapacthg tend acquired by a muntolpalkly or noel
COMM* apply ffwft r mrdaneW to land acqubed under this section.
"M An a quoprutarl under tfrs ssodm eel be undertaken In aceordo w with the Egrapr ma
Act
1WI, c7, a.79; 1994, a9A s-i% 2006, C7, a.12.
E�
nuP: // laws .gnb.ca /en/showfulldoc /cs/C5 ?�/ /20111013 10/13/2011
Community Planning Act Page 71 of 81
WI) &ib d 1a aftechm (4 where a raglond plan, rural plan. rn rodpal plan, bsaa peNwV
elatsnhaK deYpiapMWd Bahama or urban renewal erdranhs oxkm es that rhertdn land mrgr be
required by the Wow, a munkdpaW or a rural aommueW for a I pt,>ae deecribad in it
compermstarh (Or such lord an explopnabon oral not emia aigr amount in mapeot uhf an
unauthorized deveiopn" on kwh land Miler the dots of the eta" notice of iniard w to adopL or
b recommend adoption of. such plan, alaiement or scheme.
WM A odge o} The Court of Queen's Berrdh of New Bm=Wck on the petition of a pe oon
an" I ty Ubm'cllon (1), nW Balder that aompensalian be pall In leaped of a developmert
nhertioned therein If he to satisfted that Ruch development was underbim in good to wthout
Ic-oledge of any reweidlon Imposed thereon by this Act or any plan, statement or scheme
hereunder.
IM e.7, 11,B0;1978, Cali, a.1B; law, c eS, s 3A; ZOO6, a7, s.12.
PROHIBrIMN RE NEVC-LOPdENT
111(1) EXoapt as ofim m tae provided in tide sadiron, no person shall undertate a dahhalopment artd
no btAMM permit or deveopmsnt arm buimmg Permit ahelt be issued for such development unless
the development WftW !having jrriadidon approves auch development an conUrning with, where 11
applies to the land on which the development Is located,
hJ any municipal plan, basic planning statement, rural plan, development @c hems or urban
rerhawal ac horns
(!j In effad,
M In respect of which an adopting bylaw has been the subject of a msokrtan under
parapraph a11(1)(a): or
(10) in respsct of wNoh the N16h dw has published o And r obm under paragraph e8(1xb);
jb) Bubled to pernroph (a), any zoning or dderred widening ar conudled aamsa street by4ow
ar reguladcn
M in offal, or
(t) In moped of which it* ward has adopted a m ohudorh under sacdlon 71, or the mnMw
hae puttered a tralnotice under pwqreph 08(1 )(b);
(q a regulation under subBection 77(1)(h.1),
(4 in eteat, or
(try in MOPOd of which the All tdw has pubtaihed a !!alai notloo under paragraph 88(1)(br
and
(d) Nish ether mailers as may be prescribed by reguaton.
81(2) The provisions Of aubparapraphs (1l(alOiJ and M and au raph (1)(b)O) cease to apply
(a) In the case of a mookdlon under pamWaph 88(1)(a), when tea bylaw becomes valid Or when
it tells to became valid because of the operation of subs w ion MM or because the cmid or coral �"%�
comet r* saurtdl, es the case may be, does not meet the mquiro..m. of paragraph 89(f)(b) 1/
within a reasonable dme,
Y �Y 7 7 fr f 593
F9'l"�'i'1• Jn',r +'}411 !r ix 9'�7'� rx,. r,a ri �r +Yx r�seeta.7�•i.••• 1. �.� f�
'I 'l �"n-1 -1 .11%11 1 Fir
June 9, 2014
To Mayor Mel Norton & Council of the city of Saint John,
We have expressed our concerns to this present council & the past council over the new
municipal PlanSJ & ZoneSJ for some tune now. on Monday May 12/14 the frail bylaws were
pmsented to each of you for consideration by the city's head planner. In the propose bylaws for
our area of Saint John in Red Head - it is proposed that our lands be rezoned to RR & 1M ( Rural
Resources & Heavy Industrial) . They are presently zoned RS2 & RF . This land was originally
purchased for our family to build homes on sonic 20 years ago . We slid not ask for or want our
property to be rezoned to that which is proposed by your planners at city ha. In tact from day
one of the city's intention to renew the municipal plan we requested that our lands remain RS2 &
RF . See letters & emails that you have on record to council & planning - Also nowhere in P1anSJ
or ZoneSJ does your head planner acknowledge our rights to build horses that ate guaranteed by
the Bayside Drive Controlled Access Street By -Law of September 24, 2007. See copy of attached
by -law .
Once again for clarity - our lands are to be left as RS2 & RF plus the legal right to constrict
homes on in the future .
Sincerely ,
Dennis & Janice Grim
865 Red Head Road
Saint John NB
E2P 1J3
pid - 00336701
594
a
r
ct.lMAA. ,
HY LAW NUM33ER CN13 A T N°CR*3
BAYS.IDE DRIVE CONTROIJAD ARC DE I•I1"rAT1ON D'ACC*5
ACCUS STREW BY -LAW DES RUES — PRONW DB BDAAY'GME
Be it enacted by the Coemmon Cocoa 1,e OODNW Communal de The City of
of the City of Saint John under ft authority of Safid John, Mangy le r gbm do la Loi mir
the Cornmw* Planning Act, as follows: 1UMhWdWw, Mete cc qua scit :
1 This by-law may be cited aM the 1 Le p n!smt WTft pew ,EtW cm Maus le
"Bapide LWw Cos &o&d Acegs Sheet By- titre: 9 AmM de Harz d'acak den area
Lawt pvmmade Bayside x.
2 This bye -law dedsm the Wayside Ihlve
artmal street between Old Black River Road
and the Fran d Road (poviounly this was
re heed to as the Red. Head Sexondary Access
Road) to be a controlled access street and
under this by -law d= will be no acoeas
allowed to this poxticm of'the street except as
set out in this by-low below.
3 For the purpom of dib by -law, the team
"per property(sy' is to refer to flee pare of
land that adjoin Baymb Drive between Old
Black Rives~ Road and rho Proud Road and that
were adsting at dim time of the conshuction of
This scotion of Bayside Drive.
4 The portion of Baywde Drive and the
pascals of land or para t p upeaties re&nW to
in this by-law are shown on the map in
Schedule "A" attached hereto cad Eormitlg Inert
of this by -law.
S Limited local access to Wayside Drive will
be permitted only for the following uses and
situations:
(a) rwmrce, WRY and emeracney access:
(b) local street aaoees to be allowed as part
of a subd WOU plan when rho deMtgn
Of the subdivaainn is such that all Of the
Proposed logs feint on the local street
and the sole access to ftw lots is by
2 Cat armed am= quo 1a voie ar dniene
WW60 promenade Bsysids mtm le chanin
(Nd Blaolc River et le dum3 a Proud (
oomnr arrtrefais Moue le Dom de vole d wg&
aeanudaire Red Head) de^vienne me rue * aec&
Hmitd et, m vwtu du Piet artgtE„ ga'mwm
ads ne writ Permla paws ceft par de do la nre,
i< Pmoeptioa do instances awnc&s ci-
dessou&
3 Aux funs du Ixdsend an+ttdy 11eapresfsion
a pi s) d`migine a rmvoie mm pwwjks
do terrain atoaates t la promenade, Bayside
entre le chemin OId Blacks River at le chetain
Proud at qui 6ieffi p9sent®s au nwmemt de la
onnstrcuaion de c aft sm6on de In promenade
Drive.
4 La partic do Is pzomecnade Bayside et lea
parcelleu ou lee propn" d'ongme anxclnrelles
it eat fMit r6&== dins cet an td soot
Mqubc a sur la carte d'arn6" um fist
i Pawme a A a ci jagn tO et fuissut pantie do
Get arm.
5 Un sc oft EmAb t la dilation locals
sera pis Unique meat dins To cas des now=
at sitnatims suivants :
a) un soo& earn ressouraes, ma servicea
publicca et an cis ftgence;
b) an =a& & la rue locale sera pemnie
dais le cadre " plane de lotissement
oil la concepthm pour le lotissegogn#
est te4a qua tour in lata pmpoMds
donned sur k rue locate et quo le excel
595
17
mom of 69 load abcd; in ire am
of a parent pmpWty that was divided
by the won. of the Baysida>t
Drive arkmial street, load fffty t seems
is flowed on fleet parcat property on
each aide of the Bayside Drive cedar
(c) one driveway access in lieu of a ImW
street carmen dw location of the ]anal
stream as noted in 5(b), has been
assented to by OD=c l but no local
shred has bees developed on that
Patent may, with the condition
that;
(i) only one driveway access be
pemdtted and its to mm only one
lot on each pamaat ply (one
on emb aide of Bayside Drive);
(d) the driveway access be k=W
vAme a local stced would be
developed according to the assent
Of C,omeA
(iii) provision be made` for the tuning
Of a VtWcle(a) using the driveway
so that no vehicle would back
onto the arterial road.
6 Ira emit case noted in 5(a), (b), (c) above,
the deMoper vAH be respansible, tw the
dedgn, won and paving of the
acmes from the parent propeaty line to the
pawed travel surface of Baysids Ddve m
aoomdance with spedficadons of tho
Degmtneat of Mmmiasipal Qperatisom and
Paagineeadug of fire City of Saint John, In
addition to the =mal raegauimments of are
Subdivision By-law of %a City of Saint
John. This will inchWe providing
approprlate culverts; and any necessary
pray.eoaa for public utilities.
aOD65 i ees 1o#e ant au moyem de c a to
rue locale, dau le c as Mme prapd
(-angina qW a 66 "60 ed rain de
la ec4iorn de la voic moo:
lmmmmde Bayside, 1'aa:is it la rue
lore east Pamwo sar oft pmom
d'adghw de chque cW do in void
arddelle promenade Bayside;
C) um vole d'aocds eo guise et lien diane
rue looade lumgw 1%mPlaomXxt deg In
ore . locale, aornew il can eat fait
menticn au point 5b), a rep
1'amentiment du coanseil mans a vic ne
ram locale nla W gm6oWe sw acne
pr%aria d o *4 al Condifion
(1) qu'rme settle void d'acch suit
permise at no mt uniquement
qA un lot am cbaque paraprift6
dioriginc (um claque a de �pr de
Ba1eide)i
01) quo Ia voic d'acc& sac tnouve oni
me rue locale sera con WrWte
eonfoa<m6rmmt i 11,88mmathnent
des cow;
(iii) quo des dispositions soient
Pdm pone le vi age de
v6lticdes qui ufnWw 1a voic
('aces de sortie qu'auacun
voicanle no pu;iase reeular Our la
rye de dargagement.
6 Dares cbaque on meationnd autx pow
5a), b) et c) ci -demos, le proms sera
respoansable de la coon, de Is
conshuction at do 1'aepbsitaga day Ia voic
d'a cc& de la iigne de la propai d -O igine j lar
satr>ace de d6placema g aar &dt6o de la.
promenade Bayslde went aux
sap6dficstiarm du ser^arice des Cohmagns et
860isa m mid de T ,e Cfty of 5satbrt 7ahar,
an plus des migemm aarmaim de rmr&6
oannasexamt le lotimenrernt do Thee City of
Saint Jobn. Le pr dcvra 6gdamcat
ftmk des pancesata ad6gUz s at presadre Ina
menu tes n6oearsaires pour us mvices P&MO.
596
•
IN 'GJI wms 1%quouw the City of Saint
John has cmscd the Common Corpora* SW
of o said City to be ■E"umed to this bylaw the
24d' day of September, A.D. 2007 and signed,
First Rending
SCOW Reeding
Third R.mding
Ma Abirc
- Sgi'tembe r 10, 1007
- Somber 10, 2007
- Sq)teumbet 24.2007
3
RK FQI DE QUO4 7�U C[ty of Swint Jabn a
fdt WOW Nu moan ODn==d M le p,& ft
a le 24. jo= do mq*mbre 2047, avee in
womawm advantes:
Premi&c lochm
Dowdhme kxtm
Traid6ne 1ectm e
597
- Iii wptmbre 2W7
10 fibre 2007
- 24 aeptamism 2(107
B
v
,ftw-cute 'A "Inift-allibn (I'Mcft das rues , pror yt
le-xo
k V% % t IV X A-
i• ,
vo�
Sri qumftn:
rw3wrlskin Daystdo Drive
qfY .9-4 )MUICA 2007
444 1.
m
V7 of
P
A ry--# —A Zlvio�
f�"
_47", iffnim"Of"i G acces Oes rurom. ft-
tfs;sodlde Annexe �Rt
A^ K
005V
0
A
Sub ID(s)/Nj
Pod 64%Wft tm quWon:
LJWZH(0;1.. rN4"Wlado Ijapkia rjjjvw
A
4
k4f), JINN VA Alin ot "way
599
31 Griffin Lano
-. i
Legend
Subject Property (lea)
PID(s): 00336701
Existing Zoning: "RS -2" One and Two Family Suburban Residential
and "RP Rural
Draft Zoning: Rural (RU) and Medium Industrial (IM)
Date: January 24, 2014 600
0 175 950 700
e
CMW v:�c ao►��rww
O 2014 tint CHy tf 3*4Jthn
SAW 1()HN
JUN 910g
Cry OFO,,
June 9, 2014
To Mayor Mel Norton & Council of the city of Saint John ,
We have expressed our concerns to this present council & the past council over the new
municipal PianSi & ZoneST for some time now. On Monday May 12114 the final bylaws were
presented to each of you for consideration by the city's head planner . In the propose bylavws for
our area of Saint John in Red Head - it is proposed that our lands be rezoned to RR & lM ( Rural
Resources & Heavy Industrial). They are presently coned RS2 & RF. This land was originally
purchased for our family to build homes on some 20 years ago . We did not ask for or want our
property to be rezoned to that which is proposed by your planners at city hall . In fact from day
one of the city's intention to renew the municipal plan we requested that our lauds remain RS2 &
RF . See letters & emails that you have on record to council & planning. Also nowhere in PlarxSy
or ZoneSJ does your head planner acknowledge our rim to build hordes that are guaranteed. by
the Bayside Drive Controlled Access Street By -Law of September 24, 2007. See copy of attached
by-law.
Once again for clarity - our lands are to be left as RS2 & RF plus the legal right to construct
homes on in the future .
Sincerely,
Dennis & Janice Griffin
865 Red Head Road
Saint John NB
E2P 1J3
pid - 00336701
:�
00
E:I -rr i
I;
L�
""4
31 Griffin !Lane
� 1
�F
5 1
ij
I
Legend
Subject Property (ies)
PID(s); 00336701
Municipal Plan Designaton: Rural Residential, Rural Resouroe
and Heavy Industrial
Date, January 24, 2014
d 'h�ayy�
0 175 350 700
029471 OFSeY�.fphrl
SA NT 101m
4
\._
!
cE
d 'h�ayy�
0 175 350 700
029471 OFSeY�.fphrl
SA NT 101m
Good, Aliian
To:
Subject:
Forfar, Stacey
RE: Strescon zoning, Ashburn Lake Road
From: Moore, Paul [mai Ito: pmoore @cplre.caj
Sent: August -15 -14 4:31 PM
To: Forfar, Stacey
Cc: westphal .jonathan @oscogroup.com; Foran, Patrick, Whalen, Emery; Woods, Pat; Norton, Mel
Subject: RE: Strescon zoning, Ashburn Lake Road
Importance: High
Stacey
We are disappointed in your response of not granting us a meeting to discuss this matter and are very concerned over
the potential economic impact to the city of Saint John of changing the zoning of the expansion lands for Strescon from
Heavy Industrial to future development. This will effectively restrict the growth opportunity of this long established
Saint John business. The lands in question were purchased from the City of Saint John and subsequently rezoned with
the intention to provide for the expansion of Strescon.
We do understand that PlanSJ has a strategy to consolidate industrial uses in industrial parks. it makes sense to apply
this in looking for a location to establish a new use. however, an existing industrial use, surrounded by industrial uses
should not be required to cease growth because of this strategy.
Attached is a short presentation describing our position.
We would still welcome a meeting to resolve this issue, otherwise we will proceed with presentations to PAC and
Council.
I am available at your convenience
Regards
Paul Moore
Vice President —General Manager
Commercial Properties Limited
400 — 58 King St
Saint John, NB
E2L 1G4
T: 506- 648 -3520
C. 506- 645 -8488
F: 506 - 635 -6006
E: moorE - coire.ca
i1
.r
From: Forfar, Stacey [ rrta�Itr :�:wa�.y.fcrFksz,ini'chn.c:a
Sent: Thursday, August 7, 2014 9:23 AM
To: Whalen, Emery
Cc: Moore, Paul; Foran, Patrick
Subject: RE: Strescon zoning, Ashburn Lake Road
Einery,
Thank you for sending through the additional information on this property, PID 55020259, located near the existing Strescon site,
separated by a City -owned property identified as PID number 55024921.
As previously discussed, the property is inside of the PDA and designated Urban Reserve. in order to implement this des €,nation,
the primary purpose of ZoneS1, while balancing the nature and range of legally established land uses on the site it is proposed to
zone this site from the existing Heavy Industrial (1 -2) zone to the draft Future Development (FD) zone.
While it is recognized that the proposed zone is a departure from the existing Heavy Industrial (1 -2) zone, this property was
purposefully designated Urban Reserve at the Plan stage as it remains a large, undeveloped and unserviced parcel inside of the PDA.
The existing legally established excavation activity would remain a permitted use under the proposed draft Future Development
(FD) zone, subject to the Section 39 conditions imposed when the site was rezoned in 1991. We have reviewed the additional
information you kindly provided however it does not change our approach to the zoning of this property in the final draft. Should
Commercial Properties Ltd. wish to pursue Development of this site, an application process would be required in order to permit the
community an opportunity to review and assess a future development proposal for the sire.
Please note th2 draft is not adopted by Council and the community has two key opportunities for further input:
1. Public Meeting before the Planning Advisory Committee (PAC) on U1Fednesday Augus4 :20 at 6rm in the Council
Chambers
2. Public !-fearing before Council on Monday September 8 at 6 :30pm in the Council Chambers
We encourage participation and your team is welcome to make a submission to the Clerk's office and make a
presentation before PAC and /or Council. All of the informadun including the final draft of the Zoning By -law is available
on the website.
Thank you,
Stacey
From: Whalen, Emery [rjai3to:llyhaien r.lr.ca]
Sent: July -25-14 9 :01 AM
To: Forfar, Stacey
Cc: Moore, Paul; we: stphal .ionati'lzn @osc(lurouo.com; l=oran, Patrick
Subject: Strescon zoning, Ashburn Lake Road
Hello Stacey,
Re; zoning of land by Strescon plant, Ashburn Lake Road
To confirm my voice mail, we'd like to meet with you to present additional information which we believe will make it
easier to do the necessary plan amendment so we can peep the Heavy Industrial zoning in place on PID 55020259.
Our understanding is that we will have to present information to Councillors on this matter, and we'd like to review with
your department first. Because we will be talking to Councillors, we hope you can invite Jacqueline Hamilton to this
meeting so as Commissioner she is able to field questions from Council.
M.
Could we arrange to meet Thursday or Friday of next week (July 31 or Aug 1)7
Thank you
Emery
Emery Whalen
Commercial Properties Limited
506 650 -0704
J'i`_`1 tn: ,y l; i lit., f S;3 I;I r ri.' L j
? -.v -e: -1_ , e t:: df �. �'.i3 , Orr ...1'i tIL €: k'!'j
All
°l t:.. :e3GlriC i
This e-mail communication (including any or all attachments) is intended only for the use of the person or entity to whom
it is addressed and may contain confidential and /or privileged material. If you are not the intended recipient of this e-
mail, any use, review, retransmission, distribution, dissemination, copying, printing, or other use of, or taking of any
action in reliance upon this e-mail, is strictly prohibited. if you have received this e-mail in error, please contact the
sender and delete the original and any copy of this e-mail and any printout thereof, immediately. Your co- operation is
appreciated.
Le present courriel (y compris toute piece jointe) s'adresse uniquement a son destinataire, qu'il soit une personne ou un
organisme, et pourrait cwmporter des renseignements privilegies ou confidentiels. Si vous n'etes pas le destinataire du
courriel, it est interdit d'utiliser, de revoir, de retransmettre, de distribuer, de disseminer, de copier ou d'imprimer ce
courriel, d'agir en vous y fiant ou de vous en servir de toute autre fai;on. Si vous avez regu le present courriel par erreur,
priere de communiquer avec 1'expediteur et d'eliminer ('original du courriel, ainsi que toute copie electronique ou
imprimee de celui -ci, immediatement. Nous sommes reconnaissants de votre collaboration,
arr i l:dif .'/x p ,[
-
1: t w ,r S £'t . !i .-er c•tn ?'1 - r'Iw:fi iSl::a .t. .. �:�. .� , 'i..t . 3!ti ! u y 1i I1 B :3tE :lill"+C1.[
:1
di Cial r Pro ommerc erties �
P
Commercial Properties Limited
Regarding the Impact of Plan SJ and Zone SJ on
Strescon Saint John Plant Operations
101 Ashburn Lake Road
July 25, 2014
M
101 Ashburn Lake Rosa
Strescon's Saint John plant, located between Highway
One East and Rothesay Avenue consists of Pre -Cast,
Drainage Systems and Ready Mix manufacturing
Operations
Issue: Plan SJ and Zone SJ propose changing a portion
of the plant site from Heavy Industrial to Future
Development, restricting growth of the business.
Subject Area . Strescon Concrete Plant
607
Zoning
• Existing Zoning
• Heavy Industrial (all PID's)
• Proposed by Zone SJ
Heavy Industrial for all except PID 55020259
"Future Development" for PID 55020259
(designated as "Urban Reserve" by Plan SJ)
• PlanSJ designates lands not currently in use as
Future Development
• However, Lands are currently being used and
had specific historical intention for Strescon
expansion.
Proposed Zoning of Strescon Prop -my
•1:
History of Site
• 1963 — Strescon commences operations at 101 Ashburn Lake
• 1978 — Agreement between City and Strescon
• Strescon to develop a system of dykes in exchange for grant of
land "to provide additional storage yard space for the company's
operations ".
• Dykes valued at $100,000; land valued at $48,000 (1978
H is, cry
•••
History of Site continued
• 1983 —A block of Land deeded to Strescon
(Parcel A and Parcel B) as payment for dyke
construction on City land
• Right of way over this land granted to City to
access Marsh Creek for purpose of repair and
maintenance of dykes
• Strescon granted easement to construct
causeway across Marsh Creek tributary and
right of way to access the land at Parcel B "by
foot or by vehicle, together with all machinery
and equipment required... for the use and
enjoyment of those lands ".
1983 Land Grant showing Right Of Ways
610
r
History of Site continued
• 1991— Land rezoned to Heavy Industrial
• To facilitate continued expansion of Strescon business,
including the quarrying of rock
• Today — Land is being used for Plant operations.
• Parcel A portion of Land is currently 100% used for operations
• Parcel B portion (now PID 55020259) — Currently improving low
lying area in preparation as a laydown area for storage and future
operations.
History
611
Why Maintain Industik-ial Zonhng'
• Business growth of Strescon will be constrained by loss of Heavy Industrial zoning on PID
55020259
• This land was acquired and rezoned to expand plant operations
4 Subject to permit requirements and landscape buffering
d Some expansion has already occurred
• A valid quarry permit has been continued on the site
The land does not lend itself well for other purposes:
* Bounded by Marsh Creek, Route 1, and concrete plant
* No public access; access via Strescon land only
* Neighbouring uses — quarry, manufacturing, warehouse, commercial — No residential
Only logical use is expansion of concrete plant operations
trescnn
612
Strescon Contribution to Local Economy
• Currently over 150 employees at this plant, with increased employment
(up to 200 employees) during more active economic cycles.
Significant Supply Chain effect on Local Saint John Economy
• 2014 Property taxes of $534,342 at this site.
ZoneSJ Analysis
613
Request
• Do NOT rezone land from Heavy Industrial, given land owner's
objections and in violation of previous agreements
• Keep Heavy Industrial Zoning
Strescon
614
BY -LAW NUMBER C.P. 106 -
A LAW TO AMEND THE
MUNICIPAL PLAN BY -LAW
Be it enacted by The City of Saint
John in Common Council convened, as
follows:
The Municipal Plan By -law of The
City of Saint John enacted on the 30th day
of January, A.D. 2012 is amended by:
ARRETE No C.P. 106 -
ARRETE MODIFIANT L'ARRETE
RELATIF AU PLAN MUNICIPAL
Lors d'une reunion du conseil
communal, The City of Saint John a edicte
ce qui suit :
Uarrete concernant le plan
municipal de The City of Saint John
decrete le 30 janvier 2012 est modifie par:
1 Deleting Policy LU -8 and 1 La suppression du principe LU -8 et
replacing it with the following: son remplacement par ce qui suit :
"Policy LU -8 — Not permit development
serviced with municipal water and
wastewater services beyond the boundaries
of the PDA without first changing the
boundaries of the PDA which will require
an amendment to the Future Land Use map
(Schedule B). Large - scale, heavy
industrial development is excluded from
compliance with this policy. Should a
large scale heavy industrial proposal
require the extension of municipal services
outside of the PDA to service their
development, Council shall not extend the
PDA to include the development as it is not
appropriate to permit urban land uses to
encroach upon heavy industrial land uses.
However, any extension of water and
wastewater services beyond the PDA to
accommodate large -scale heavy industrial
development shall be undertaken on a cost
recovery basis;"
Principe LU -8 — Ne pas permettre
d'amenagements desservis par les reseaux
municipaux d'alimentation en eau et
d'evacuation des eaux usees au -dela des
limites du principal secteur de
developpement sans avoir d'abord change
les limites du principal secteur de
developpement, ce qui necessite une
modification de la carte d'utilisation future
des sots (annexe B). Les amenagements
d'industrie lourde a grande echelle ne sont
pas subordonnes au present principe. Si une
entreprise d'industrie lourde a grande
echelle qui est proposee devait, pour
assurer sa viabilisation, necessiter le
prolongement des services municipaux a
1'exterieur du principal secteur de
developpement, le conseil n'etendra pas le
principal secteur de developpement de
faron a ce qu'il englobe Famenagement,
puisqu'il ne convient pas de permettre a des
utilisations urbaines des sots d'empieter sur
des utilisations de terrains a des fins
d'industrie lourde. Cependant, le
prolongement, s'il en est, des services
d'alimentation en eau et d'evacuation des
eaux usees au -dela du principal secteur de
developpement pour accueillir des
amenagements d'industrie lourde a grande
echelle seront entrepris selon le principe du
recouvrement des couts; »
2 Deleting Policy LU -9 and 2 La suppression du principe LU -9 et
replacing it with the following: son remplacement par ce qui suit :
"Policy LU -9 — Consider amending the
boundaries of the Primary Development
Area boundary when a comprehensive
review of the Municipal Plan has taken
place, as outlined in the Implementation
Chapter of the Municipal Plan;"
3 Deleting the two existing
paragraphs under the heading "Industrial
Areas ", immediately following Policy LU-
70, and replacing them with the following
three paragraphs:
Principe LU -9 - Envisager la
modification des limites du principal
secteur de developpement lorsqu'une
revision complete du plan municipal a ete
effectuee, ainsi qu'il est expose au chapitre
du plan municipal sur la mice en oeuvre; »
3 La suppression des deux
paragraphes existants sous la rubrique
Secteurs industriels », immediatement
apres le principe LU -70 et leur
remplacement par les trois paragraphes
615
"The City's economy is founded on its
industrial and manufacturing operations,
and the community is poised to continue its
strong growth in sectors related to these
activities. The City recognizes that while
these industrial and manufacturing
operations are critical to our economic
growth, industrial land uses can
significantly affect the quality of life in
adjacent neighbourhoods and they must be
carefully located to maximize their benefit
to the community. As a result, lands
appropriate for industrial development
should be retained for future industrial use.
In order to address this, the Municipal Plan
establishes two industrial designations to
steer industrial uses to their most
appropriate location: the Light Industrial
designation and the Heavy Industrial
designation. The City also plays an
important role in supplying the land
required to accommodate industrial growth
through its ownership of Saint John
Industrial Parks Limited (SJIPL). SJIPL
will help to ensure that an appropriate
supply of land is available in the Light
Industrial and Heavy Industrial
designations within carefully planned
industrial parks to fuel the community's
future growth.
New major heavy industrial land uses are
generally not appropriate inside of the
Primary Development Area. Many large -
scale, heavy industrial facilities, such as the
existing Canaport LNG terminal, the
Coleson Cove Electrical Generating
Station, and the solid waste management
facility at Crane Mountain, are best suited
to their isolated locations outside of the
Primary Development Area and may or
may not be serviced with municipal
servicing. As such, it is anticipated that
future proposals for any new major heavy
industrial investment will require the re-
designation of rural lands to accommodate
them. Residential land uses are
inappropriate in the Heavy Industrial
designation given the extensive industrial
nature of the land use and as such, these
uses shall not be permitted under any
circumstance;"
suivants :
L'economie de Saint John est fondee sur
ses activites industrielles et de fabrication,
et la collectivite est bien placee pour
continuer sa vigoureuse croissance dans les
secteurs lies a ces activites. La Ville
reconnaft que, bien que ces activites
industrielles et de fabrication soient vitales
pour notre croissance economique, les
utilisations industrielles des terrains
peuvent amoindrir considerablement la
qualite de vie dans les quartiers adjacents,
et leur emplacement doit titre choisi avec
soin pour que la collectivite en tire les
meilleurs avantages. En consequence, les
terrains qui conviennent au developpement
industriel devraient titre gardes en reserve
pour des utilisations industrielles futures.
Pour repondre a ces besoins, le plan
municipal etablit deux designations
industrielles pour diriger les utilisations
industrielles vers les endroits les plus
appropries, ayant respectivement la
designation de secteur d'industries legeres
et de secteur d'industries lourdes. La Ville
joue egalement un role important en
fournissant les terrains requis pour
accueillir la croissance industrielle en taut
que proprietaire de Saint John Industrial
Parks Limited, qui contribuera a assurer
qu'une quantite de terrains appropriee est
accessible aux endroits designes comme
secteurs d'industries legeres et secteurs
d'industries lourdes, dans des pares
industriels soigneusement amenages pour
alimenter la croissance future de la
collectivite.
De nouvelles utilisations des sols de la
categorie industrie lourde ne conviennent
generalement pas a 1'interieur du principal
secteur de developpement. Des
emplacements isoles a 1'exterieur du
principal secteur de developpement,
viabilises ou non, se pretent mieux a
beaucoup d'etablissements d'industrie
lourde a grande echelle, tels que le terminal
de Canaport LNG, la centrale electrique de
Coleson Cove et 1'installation de gestion
des dechets solides de la montagne Crane.
Ainsi, it est prevu que les propositions
futures visant de nouveaux investissements
importants a 1'egard d'etablissements
d'industrie lourde necessiteront la
redesignation des terrains ruraux qui les
accueilleront. L'utilisation a des fins
residentielles de terrains dans le secteur
d'industries lourdes est inappropriee, en
raison de 1'intensite de 1'activite
industrielle exercee sur ces terrains, et ne
616
sera pernuse en aucun cas; »
4 Deleting Policy LU -75 and 4 La suppression du principe LU -75
replacing it with the following: et son remplacement par ce qui suit :
"Principe LU -75 — Recognize that the
community's significant industrial base
gives rise to the potential for new
unanticipated large -scale industrial
developments that cannot be
accommodated by the lands currently
designated industrial in the Municipal Plan,
and because of the heavy industrial nature
of the land uses, they are best suited to
large, independent sites outside of the
Primary Development Area. Council may
consider applications to re- designate
additional lands to Heavy Industrial on the
Future Land Use map (Schedule B) outside
of the Primary Development Area and shall
consider the following in evaluating such
proposals:
a. Adequate lands designated for
Industrial development are not
available or there is a demonstrated
need for the proposed industry to be
sited in a particular location;
b. Appropriate studies are conducted by
the applicant to satisfy Council that the
proposed lands are located an
appropriate distance away from
incompatible land uses or it is
demonstrated that appropriate
mitigative measures can be
implemented to address any
community, safety, and /or
environmental impacts associated with
the development;
c. Due consideration is given to site
suitability including such
considerations as transportation needs,
necessary municipal servicing,
landscaping and buffering; and
d. There are clearly demonstrated social
and economic benefits to the
proposal;"
Principe LU -75 — Reconnaftre que la base
industrielle consid6rable de la r6gion fait
naiire la possibilit6 de nouveaux
am6nagements industriels impr6vus de
forte taille qui ne peuvent pas etre r6alis6s
sur les terrains actuellement d6signe's
comme industriels dans le plan municipal,
et en raison de la nature des utilisations des
sols, soit d'industrie lourde, elles
conviennent mieux sur de grands terrains
ind6pendants a 1'ext6rieur du principal
secteur de developpement. Le conseil peut
6tudier des demandes de red6signation de
terrains additionnels a titre de secteurs
d'industries lourdes sur la carte
d'utilisation future des sols (annexe B) a
1'ext6rieur du principal secteur de
developpement et doit consid6rer les
facteurs suivants dans son Evaluation de
telles propositions :
a. les terrains d6sign6s pour les
am6nagements industriels sont
insuffisants, ou it existe un besoin
manifeste pour Findustrie projet6e
d'etre situ6e a un endroit particulier;
b. des Etudes appropri6es sont effectu6es
par Fauteur de la demande pour
convaincre le conseil que les terrains
vis6s se trouvent a une distance
appropriae d'utilisations incompatibles
des sols, ou it est d6montr6 que des
mesures d'att6nuation appropri6es
peuvent titre appliqu6es pour r6duire
toute incidence de 1'am6nagement sur
la collectivit6, la s6curit6 on
Fenvironnement;
c. it a &6 bien tenu compte de la
convenance de Fendroit, y compris des
aspects tels que les besoins en
transport, la viabilisation municipale
n6cessaire, Fam6nagement paysager et
les zones tampons;
d. les avantages sociaux et 6conomiques
de la proposition sont clairement
d6montr6s; »
5 Deleting Policy LU -76 and 5 La suppression du principe LU -76
replacing it with the following: et son remplacement par ce qui suit :
"Policy LU -76 — Create the Heavy
Industrial land use designation on the
Future Land Use map (Schedule B). The
Heavy Industrial designation is intended to
Principe LU -76 — Etablir la d6signation
d'utilisation des sols de secteur d'industries
lourdes sur la carte d'utilisation future des
sols (annexe B). Cette designation vise a
617
accommodate industrial operations which
may have a significant detrimental effect
on the safety, use, amenity, or enjoyment
of adjacent or nearby sites due to
appearance, noise, odour, emission of
contaminants, fire or explosive hazards, or
dangerous goods. Uses in the Heavy
Industrial designation may utilize the
City's water and wastewater systems;"
repondre aux besoins des activites
industrielles dont les effets peuvent nuire
de fagon importante a la securite, a
l'utilisation, a 1'agrement ou a la jouissance
des emplacements adjacents ou voisins en
raison de leur apparence, de 1'emission de
bruit, d'odeurs ou de contaminants, des
risques d'incendie ou d'explosion ou de la
presence de marchandises dangereuses. Les
utilisations dans le secteur d'industries
lourdes peuvent &re desservies par les
reseaux municipaux d'alimentation en eau
et d'evacuation des eaux usees; »
6 Deleting Policy LU -77 and 6 La suppression du principe LU -77
replacing it with the following: et son remplacement par cc qui suit :
"Policy LU -77 — Where there are Heavy
Industrial land uses which emit pollution or
present possible safety risks Common
Council consider the use of the best
practice guideline of 1.5 km as an
appropriate separation distances and/or
buffer from incompatible land uses.
Within the 1.5 km buffer, Common
Council should consider not increasing the
density of existing incompatible land uses
adjacent to existing heavy industrial
facilities when they are proposed. This will
ensure that further intensification of
incompatible land uses does not occur
around these facilities in the future;"
Principe LU -77 — Lorsque des utilisations
dans le secteur d'industries lourdes causent
de la pollution ou peuvent presenter des
risques pour la securite, le conseil pourrait
envisager la possibilite d'adopter la
pratique exemplaire consistant a maintenir
une distance de separation ou a amenager
une zone tampon de 1,5 km a partir des
utilisations des sols incompatibles. A
1'interieur de la zone - tampon de 1,5 km, le
conseil devrait envisager de ne pas
augmenter la density des utilisation
incompatibles des sols existantes qui sont
adjacentes aux etablissements existants
d'industrie lourde, lorsque de telles
augmentations sont proposees, afin
d'assurer qu'aucune autre intensification
des utilisations incompatibles des sols ne se
produira aux environs de ces etablissements
a 1'avenir; »
7 Deleting Policy LU -78 and 7 La suppression du principe LU -78
replacing it with the following: et son remplacement par ce qui suit :
"Policy LU -78 — Risk assessment and
mitigation is an integral component of a
Heavy Industrial land use planning
approval process for a community. Where a
new Heavy Industrial facility is proposed
and/or where an Environmental Impact
Assessment or Environmental Assessment
has been triggered as part of an investment
into an existing or proposed heavy
industrial facility, the City shall require,
through a condition of rezoning or through
request of the provincial or federal
approval process, that an applicant submit
technical reports that are in conformity
with the City of Saint John Risk
Assessment and Emergency Response
Guidelines, when these guidelines have
been adopted by Common Council;"
<< Principe LU -78 — L'evaluation des
risques et les mesures d'attenuation
constituent, pour une collectivite, une partie
integrante d'une procedure d'approbation
d'utilisations des cols a des fins d'industrie
lourde. Dans les cas oix 1'amenagement
d'un nouvel etablissement d'industrie
lourde est propose, ou lorsqu'une etude
d'impact sur 1'environnement ou une
evaluation environnementale doit etre
effectuee dans le cadre d'un investissement
fait dans un etablissement existant ou
propose d'industrie lourde, la Ville exigera,
par voie de condition imposee au rezonage
ou par demande faite au cours de la
procedure d'approbation provinciale ou
federale, que 1'auteur de la demande
presente des rapports techniques conformes
aux lignes directrices de The City of Saint
John sur 1'evaluation des risques et
1'intervention en cas d'urgence, si de teller
lignes directrices ont ete adoptees par le
conseil; »
8 Deleting Policy LU -80 and 8 La suppression du principe LU -80
replacing it with the following: et son remplacement par ce qui suit :
"Policy LU -80 — Notwithstanding Policy
LU -75, recognize there are a number of
existing capital- intensive heavy industrial
facilities in the City that are not located in
Industrial parks. Council may consider the
re- zoning of lands that are contiguous with
these existing uses to Heavy Industrial
without an amendment to the Municipal
Plan, provided the proposed use is
generally compatible with the surrounding
land uses, appropriate mitigative measures
are provided, transportation needs can be
accommodated, and municipal servicing is
adequate to service the proposed
expansion;"
9 Adding the following as Policy LU-
80.1 immediately following Policy LU -80:
"Policy LU -80.1 — Within existing
Industrial Parks located inside of the
Primary Development Area that are
designated Heavy Industrial, generally
permit only light industrial and medium
industrial zoned land uses. Where an
applicant can satisfy the requirements of
the City of Saint John Risk Assessment and
Emergency Response Guidelines for the
siting of a Heavy Industrial land use inside
the Primary Development Area, such a use
may be considered by Common Council as
part of a rezoning application;"
10 Repealing the heading "Rural
Industrial Area" and the paragraph of text
thereunder, immediately following Policy
LU -107;
Principe LU -80 — Malgre le principe LU-
75, reconnaitre que bon nombre
d'etablissements d'industries lourdes
hautement capitalistiques, deja etablis dans
la municipalite, ne se trouvent pas dans des
pares industriels. Le conseil peut envisager
le rezonage comme secteur d'industries
lourdes des terrains adjacents a ces
utilisations actuelles sans modification du
plan municipal, pourvu que 1'utilisation
projetee soit generalement compatible avec
les utilisations des sols environnants, que
des mesures appropriees d'attenuation
soient prevues, que les besoins de transport
puissent &re satisfaits et que la
viabilisation municipale soit suffisante pour
repondre aux besoins de 1'expansion
proposee; »
9 L'adjonction du principe LU -80.1
suivant immediatement apres le principe
LU -80 :
<< Principe LU -80.1 — A 1'interieur des
pares industriels existants designs
industries lourdes situes dans le principal
secteur de developpement, ne permettre en
general que des utilisations des sols
afferentes au zonage d'industrie legere et
mi- lourde. Lorsque 1'auteur d'une demande
pent satisfaire les exigences des lignes
directrices de The City of Saint John sur
1'evaluation des risques et 1'intervention en
cas d'urgence applicables a 1'emplacement
d'une utilisation d'industrie lourde a
1'interieur du principal secteur de
developpement, le conseil pent envisager
une telle utilisation dans une demande de
rezonage; »
10 L'abrogation de la rubrique
Secteur Industriel Rural » et du
paragraphe de texte d'application,
immediatement apres le principe LU -107;
11 Repealing Policy LU -108 and 11 L'abrogation du principe LU -108
Policy LU -109; et du principe LU -109;
12 Deleting Policy LU -118 and 12 La suppression du principe LU -118
replacing it with the following: et son remplacement par ce qui suit :
"Policy LU -118 — Recognize that the Saint
John Airport Authority leases a significant
land base to support the operation of the
Airport. The City supports the use of these
lands for purposes that are related to
Principe LU -118 — Reconnaitre que
1'autorite aeroportuaire de Saint John est
preneuse a bail d'une etendue de terrains
considerable pour soutenir le
fonctionnement de 1'aeroport. La Ville
619
general air transportation, where
compatible with adjacent City watershed
lands. Off -site impacts from the nature of
airport operations can have a significant
impact on both the quality of life for
residents within close proximity of this
facility and the ability of the airport to
make necessary investments in its
operation. Common Council should
consider off -site impacts from new land
uses when an application to re- designate or
re -zone land that is within the noise
contour overlays and height restrictions of
the airport operation is made;"
appuie l'utilisation de ces terrains a des fins
qui se rapportent au transport aerien en
general, lorsqu'elle est compatible avec
celle des terrains riverains adjacents de la
municipalite. Les effets hors site produits
par les activites de 1'aeroport peuvent avoir
une incidence importante tant sur la quality
de vie des residents des environs immediats
de cet etablissement que sur la capacite de
Faeroport de faire les investissements qui
s'imposent dans ses activites. Le coned
devrait tenir compte des effets hors site des
nouvelles utilisations des sols dans son
etude des demandes de redesignation on de
rezonage des terrains qui se trouvent a
l'interieur des calques de courbes de niveau
de bruit et quand des restrictions en matiere
de hauteur afferentes a 1'exploitation de
Faeroport sont imposees; »
13 Adding the following sentence 13 L'adjonction de la phrase suivante
immediately following Policy LU -120: immediatement apres le principe LU -120 :
"Refer to Policies LU -71 through LU -82
for additional land use designations
common to the Primary Development Area
and the Rural Area;"
14 Deleting the existing Schedule A:
City Structure and the existing Schedule B:
Future Land Use and replacing them with a
new Schedule A — City Structure and a new
Schedule B: Future Land Use, attached
hereto and forming part of this by -law.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by -law the * day of *, A.D. 2014
and signed by:
Referer aux principes LU -71 a LU -82
pour des designations d'utilisation des sols
additionnelles retrouvees dans le principal
secteur de developpement et dans le secteur
rural; »
14 La suppression de 1'Annexe A —
Structure de la municipalite existante et de
1'Annexe B — Utilisation future des sols
existante et leur remplacement par une
nouvelle Annexe A — Structure de la
municipalite et une nouvelle Annexe B —
Utilisation future des sols, ci jointes et
faisant partie du present arrete.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
present arrete le 2014, avec les
signatures suivantes:
Mayor
Common Clerk/Greffier communal
First Reading - Premiere lecture -
Second Reading - Deuxieme lecture -
Third Reading - Troisieme lecture -
620
621
SAINT 1OH N DEVELOPMENT CORPORATION
P.O. Box 7200, Saint John, New Brunswick E2L 4S6 Tel: 506 -549 -6066 Fax: 506 - 649 -6068
September 4, 2014
Mayor Mel Norton and Common Council
City of Saint John
Saint John, New Brunswick
15 Market Square
Dear Mayor and Common Council,
RE: Zone SJ
The Saint John Development Corporation would like to express and extend support to
ZoneSJ and the opportunity it will provide to the City of Saint John for long term
sustainable growth.
This initiative aligns very well with the "one -stop shop" development principal, allows for
streamlined processing and provides rules for private development and re- investment in
the urban core.
Effective economic and urban development depends upon sound planning and efficient
implementation of those plans. Developers and investors will see ZoneSJ as a key tool
in their decision - making process as it will identify a clear strategy that is critical to
"return -on- investment" analysis.
Without a defined plan like ZoneSJ, economic development agencies, developers,
investors, builders and Common Council will be subjected to unnecessary "spot"
decision- making. It is important that ZoneSJ be activated and given the support to align
the City of Saint John for future success.
Regards;
1
Ke t Maclntyre
General Manager
622
STRESCON
ZONING AT 101 ASHBURN LAKE ROAD
PRESENTATION TO COUNCIL
SEPTEMBER 8,2014
Paul Moore
Commercial Properties Limited
623
The Issue
■ Strescon's Saint John plant, located
between Highway One East and
Rothesay Avenue consists of Pre -
Cast, Drainage Systems and Ready
Mix manufacturing Operations
■ ZoneSJ proposes to change a
portion of the plant site's zoning
from Heavy Industrial to Future
Development
■ This unnecessary change will
harm Strescon's existing
operations and prevent future
development on the site
624
D'if,
Strescon and Saint John
■ Strescon has operated on the site since 1963
Largest precast concrete pipe manufacturer in Eastern Canada
■ Currently over 150 employees at this plant
Up to 200 employees during peak periods
■ 2014 property taxes of $534,342
■ Neighboring uses of land: quarry, manufacturing,
warehouse, commercial (no residential)
ic
NO-
r �' 44,
� 4�116
Select Strescon Projects
Egan Research Center, Cambridge, Mass.
626
100 Technology Square, Cambridge Mass.
Select Strescon Projects
1
Parking Garage,
Casino, Halifax, NS
Supporting PlanSJ
■ Strescon supports the PIanSJ
initiative
■ It is important that Saint John
have a vision for growth
■ We laud Council and Staff for
moving this PIanSJ forward
Given the massive scope,
issues to be resolved in
implementation
.:
Proposed Zonin
Change
■ Today lands are zoned Heavy
Industrial
■ ZoneSJ proposes to zone PID
55020259 "Future
Development" as it is
considered undeveloped
However, these lands are
currently being used and
were purchased solely for
Strescon expansion
629
Hiahliahts of Chronolo
1 Strescon has been involved in the process since late 2011
® Oct 14, 2013 — City indicated PID 550200259 would continue to be
zoned to allow for manufacturing
Jan 241 2014 — City advised that property now proposed to be zoned
Future Development (as it was deemed undeveloped)
February to present — We actively attempted to engage with City staff
on the issue. We were referred to public process as only way to
reverse decision
August 20, 2014 — Presentation to PAC seeking to have zoning
maintained. We were advised that this change could not be made in
this forum. Recommended we apply for plan amendment and
rezoning application
630
History of the Site
1963 - Strescon began operations
1983 - Parcel A and B purchased by
Strescon from City of Saint John
1991— Land rezoned to Heavy
Industrial by City of Saint John
Today — Parcel A used 100% for
operations. Currently improving
Parcel B portion (PID 55020259) in
preparation as laydown area for
storage and future operations
631
Why Current Zoning Must Be Maintained
■ Strescon's operations will be constrained by loss of Heavy
Industrial zoning on PID 55020259 — costing jobs and
preventing future investment
Land was acquired in 1980s, amended /rezoned in 1990s to
support plant expansion
Only logical use of land is Heavy Industrial. Land is only
accessible via Strescon
r Land does not require any new municipal infrastructure for
development
IF Change will deliver no benefit to the community, only cause
unnecessary hardship to Strescon and limit future expansion
632
Request to Council
Proposed change to Strescon zoning runs counter to
PIanSJ philosophy, and counter to Council's vision for
growth and prosperity for Saint John
Formally requesting that Council maintain Heavy
Industrial zoning on PID 550200259
633
STRESCON
THANK YOU
634
Commercial
Properties Limited
August 29, 2014
Dear Mayor and Councilors:
We wish to call your attention to an important issue arising from planned zoning changes to the
Strescon property at 101 Ashburn Lake Road (PID 55020259) which needs immediate attention.
Strescon supports the overarching objectives of PlanSJ. It is important that the City of Saint John have a
strategic vision for the community, one that guides development and shapes municipal service delivery.
We laud Council and City staff for moving this important initiative forward.
However, the proposal to change the zoning on a portion of Strescon's lands from "Heavy Industrial" to
"Future Development" will severely harm Strescon's existing operations and prevent any future
development on a site the company has operated on since 1963. This zoning decision will cost jobs and
future property tax revenue for the municipality, while harming the competitiveness of Strescon, a
company that employs hundreds of Saint John residents. It is important to understand that all this will
achieve no benefits for the community.
We have been actively involved in the PlanSJ /ZoneSJ process regarding this property since late 2011,
meeting regularly with City staff, exchanging correspondence and taking part in public meetings. In
October 2013, Strescon was advised that ZoneSJ would continue to allow a manufacturing /industrial
facility on all of these lands. Yet in January 2014 we were suddenly informed the Heavy Industrial zoning
would be limited to the lands currently in operation. Since that time we have followed up repeatedly
with City staff. We were advised that the only way to appeal this decision was through the public
process.
As such, we made a presentation to PAC on August 20, 2014 to explain our concerns and request that
this change not go forward. Yet during this presentation we were told that a decision to maintain the
Heavy Industrial zoning on the full Strescon property could not be made at that forum.
The lands in question are bounded by Highway 1 on one side, Marsh Creek /railway on the other, and
Strescon on the final side with the only access being over Strescon lands. Strescon purchased the
property from the City of Saint John in the 1980s for the sole purpose of expansion. After a plan
amendment and rezoning process, the lands have been zoned Heavy Industrial for the past two decades.
The company has expanded on a portion of the land and continues to prepare other areas for future
investment and development.
P2...
400 -58 King Street, PO Box 2011.4, Saint John,lleiv Brunswick • L2L 5B2 635
Phone: 506 -635 -6000 • Fax: 506 -635 -6006 • www.commercial- properties.ca
P2
We understand that in a process as in -depth and complicated as PlanSJ, there are many issues to be
considered during implementation. The Strescon zoning issue must be promptly addressed. To do
otherwise will needlessly hurt Strescon's existing operations and prevent future investment.
This is an industrial area and well suited for Strescon's expansion. A zoning change serves no practical
purpose. We know that as a Council, you have charted a positive course toward a well- managed, more
prosperous community. This unnecessary zoning change runs counter to your vision for Saint John. We
formally request that Council continue its leadership and take the steps needed to ensure the zoning on
this piece of land remains Heavy Industrial. This is the appropriate use of this land, and in keeping with
past zoning and development plans.
Thank you for your consideration. We would be pleased to meet with you or provide any additional
information you might require.
Yours truly,
Paul Moore
Vice President and General Manager
Commercial Properties Limited
(Representing Strescon Limited)
Commercial Properties Limited
400 -58 King Street, Pb Box 20114, Saint John, New Brunswick • E2L SB2 636
Phone: 506 -635 -6000 • Fax: 506- 635 -6006 • www.commercial- properties.ca
�-
o nJ ," �.,-
(-J1"l ®ni FO r-< 5#4- MJ'r P I I7-Cr:tr ar ece r'l a 6// P2
Yl.S 7W W
p i Oy 67X- !-E-wPJN G � P- tJXL
j o 7-Acc- r- orf ,4G,iF ,flu i + ,may u erc�-f l -.b '7 -7h4&f> CeAl �S
,1 � t Gl1 Li`, ,t v T�- i� r'N� . � u Al � ,S Gr),- /E
r y 444R
%VO4V 4,'iV,6E-R, C-N -E W /"- 4OV(c -Po9,L , P444 I 15nWvb"%P- y
tOJ vj ►U G f—r+(S -r, QcA)1,)iO a Ro 'op 1 V /1�16 jA4f ou r—
IV 7,05 Z�-NO I- w 6l/. 4�& t, ( Ke:- ro i, r 13oux)1-4 , l
AP:X,OT in 7-0 o r i i �✓ Tz.f � 1� 1' r T' �� , 1 1 +7 i
637
/t,,
Proposed New Zoning By -Law
Dear Mayor, Councillors, Common Clerk and City Staff:
I support some of the goals of Zone SJ but remain opposed to seeing the plan adopted and
etched in stone. I believe the current council and staff have the skills and vision to approve
development on a case by case basis.
I worry that Saint John may lose critical mass unless we consider all prospective development
opportunities. The preamble to this plan has already cost Saint John a great deal of lost tax
revenue and vitality. We must be guided completely by the adage "from a willing seller to a
willing buyer ". As long as property rights are duly considered and thoughtfully enforced, the
market will always best be able to determine the best outcomes.
My company John Law Corporation has assembled over the past 20 years a parcel of land in
the city approximately the size of Rockwood Park. No one purchases land or property without a
vision for it's potential greatest use. I have invested many years and several million dollars on a
plan that I earnestly believe will benefit all residents of Saint John for now and for ever.
It would seem to me to be a gross violation of my rights if my project could not be considered
only because it does not fit neatly into a planner's idyllic but necessarily limited vision of
potential land use. At the very least, I believe any current owners of property should be exempt
from new and very arbitrary planning protocols.
Please do not adopt this zoning By -Law.
Respectfully Yours,
Darren J. Hargrove
John Law Corporation
M.
� REPORT TO COMMON COUNCIL
7.
City of Saint john
September 8, 2014
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
SUBJECT: 1905 Hickey Road, Saint John, N.B. — PID 334524
Notice of Intention to Expropriate
BACKGROUND:
In accordance with the Common Council resolution of June 9, 2014, the City of
Saint John filed with the Expropriations Advisory Officer on August 1, 2014 a
Notice of Intention to Expropriate a limited interest in a portion of the lands
designated PID 334524 to permit an easement and rights ancillary thereto for the
construction and operation of water transmission mains and associated
infrastructure necessary for the operation of the Public Water Treatment Facility
adjacent to Little River in East Saint John.
A eve r.vrY.q
The Expropriations Advisory Officer has advised that no Notices of Objection
have been filed with him within the time prescribed by the Expropriation Act.
That the municipality may now proceed in accordance with Section 19 of the Act.
Section 19 of the Expropriation Act says, among other things:
"I9(1)(b) An expropriating authority (in this case the City) may
confirm its Notice of Intention ..., ... by registering in the Registry
Office for the county in which the land is situate a Notice of
Expropriation where the expropriating authority is a municipality,
signed by the clerk of the municipality. "
-2-
September 8, 2014
RECOMMENDATIONS
At this time, if Common Council wishes to proceed with the expropriation,
confirmation of the Notice of Intention and authorization for possession of the
limited interest in the lands is necessary.
The following resolution is appropriate:
WHEREAS Common Council, by resolution dated June 9, 2014,
authorized the commencement of expropriation proceedings and the filing
with the Expropriations Advisory Office of a Notice of Intention to
Expropriate the lands and premises hereinafter described,
AND WHEREAS the Notice of Intention to Expropriate a limited interest
in the hereinafter described lands and premises was filed with the
Expropriations Officer on August 1, 2014;
AND WHEREAS no Notices of Objection to the proposed expropriation
were filed with the Expropriations Advisory Officer within the time
prescribed by statute;
AND WHEREAS Common Council wishes to confirm the Notice of
Intention to Expropriate;
NOW THEREFORE BE IT RESOLVED that the Common Council does
hereby confirm the Notice of Intention to Expropriate and does hereby
authorize the expropriation of a limited interest in the lands and premises
hereinafter described and the registering of a Notice of Expropriation of
the lands and premises described as follows:
All that certain lot, piece and parcel of land located in the City of
Saint John, in the County of Saint John and Province of New
Brunswick, more particularly described as "Easement, Area
1959 sq. m." on a Plan of Survey titled "Plan of Survey Easement
Required By The City of Saint John Hickey Road City of Saint
John Saint John County, N.B." dated April 7, 2014, surveyed by
Steven R. Saunders, N.B.L.S. #352, which plan was filed in the
Saint John County Registry Office on June 19, 2014 as Number
33878308.
Me
-3-
September 8, 2014
AND FURTHER whereas Common Council has by resolution
immediately preceding these presents authorized the expropriation of the
hereinbefore described lands and premises;
AND WHEREAS section 22, subsection (1) of the .Expropriation Act,
Chapter E -14, of the Revised Statutes of New Brunswick 1973, allows an
expropriating authority to take physical possession of expropriated lands
and premises and occupation as an owner no sooner than ninety (90) days
after the date of registration of the Notice of Expropriation unless an
earlier date is agreed to by the occupying owner;
AND WHEREAS the lands and premises described in the resolution
immediately preceding these presents are now occupied by the owners;
NOW THEREFORE Common Council does hereby authorize the taking
of physical possession by the City of Saint John, the expropriating
authority, of the lands and premises hereinabove described on the ninety-
first (91) days after the date of registration of the Notice of Expropriation
or such earlier date as may be agreed to with owners and the serving of a
Notice of Possession upon each owner in occupation of the lands and
premises.
Respectfully submitted,
V I
John L. Nugent J. atrick Woods, CGA
City Solicitor i y Manager
To The Mayor, Deputy Mayor and City Counsellors.
PID's: 00287474, 55222061, 55222079
Hello, My Name is Al Williams.
I am here tonight to request City Council grant me Corridor Commercial Zoning (CC), as The Planning
Dept., initially told me I had, and has since been changed to General Commercial (CG) zoning.
A Little Background
I am a Proud Saint Johner, Born and raised here, I the proud owner of a 25 year old business here in the
city called AI's Ultra Car Sales & Service, in WEST Saint John. I sponsor local charities, participate in
community events, and employ Saint Johner's. I have grown and developed my existing business for the
better part of my adult life. We are a thriving, reputable, Locally owned and operated Saint John
Business, and have chosen to stay and Grow my business in Saint John.
I am Here to represent our properties on Hwy 100, adjacent to exit to Hwy 7 and first exist into our city,
exit 96. My civic address is Ocean Westway, BUT, you will not find any signage to that effect, as we are
known as Hwy 100. The following pictures should show you we are not a residential street but a highway
through fare.
M-K
My Property starts right after the hwy on & off ramps
This sign, at the end of Manawogonish Rd is pointed to the civic address Ocean Westway, But is called
Hwy 100
This sign at end of Fairville Blvd, points to our Road, Hwy 100
M-N
Hwy on and off Ramps adjacent to my Property.
Sign on my Property, in front of my business.
MI,
1 M.
"q
Portion of my Property Street view.
A Brief History of New PlanSJ%ZoneSJ
I have a lot of documents & correspondence, throughout this process with the planning dept. and PAC.
Back in the fall of 2012. 1 went before the PAC to get permission to have a sales office placed in the
parking lot between the 4 bay service/ repair center and Hwy exit #96 and Hwy #7. Which was approved
by the planning advisory committee.
;..
Later, It was during the meetings with the city planners, Mark Reade and Jody Kliffer, it was brought to
my attention that zoning was being changed or altered and to make sure, we got on board with regards
to these new changes ....... so that the zoning would cover all the necessary functions & possible future
functions of my Business, being a used car dealership and Full Service repair Facility, the proper zoning
needed is Corridor Commercial (CC), to cover all aspects of my existing Business. It was at that time we
hired Hughes Surveys, Mr. Rick Turner to help us maneuver through this zoning process.
Moving forward.... From that time onward we had much correspondence between the city planners,
myself and Rick Turner, all of which was positive with regards to our properties being zoned (CC).
In the fall of 2013,1 was invited to attend a town hall pubic meeting, put on by the Planning Dept., to
learn about the Draft By -Law changes and how they may affect my property.
It was at the end of this town hall meeting that staff invited me to the back of the room ....where on
their city laptop.. They brought up the proposed zoning website and confirmed to me that we had been
classified as CC zoning and basically congratulated me and telling me to move forward with my plans.
Following the meeting we reconfirmed with Hughes Surveys, Rick Turner that that was what was on the
city website for Zone SJ .
Alas, after being assured by city officials we were to had Corridor Commercial Zoning (CC), we moved
forward.
Please see zoning map below, which is taken from the city webite.
645
2086 Ocean WestWay 4. •e°' �. _ i w q
Oct. 2013 Draft
vqr
��, y _. - . � } � b K � _ ,. � � � ,�, `� -'�' N - {,"z`�„t ,• r,L - { �,�r ,w }IP '� '' ; J /��` y 5 i 3 ,.
t. •� + 1, s�k �`� i � !' C jL�r S�'A 3, Y �a "�� �ti"Y a'"�r F7� . a•;3 Ij
• - _ .. .,SY s,' , t,I' it _
Taken From City Website. For ZoneSJ --Oct 2013
Corridor Commercial Zoning
Highways
The rest of our property
+ 1 had a new survey done, to allow for an expansion to our personal living space which we reside
in and is attached to our sales office.
• We paid an architect for drawings which were given to the planning dept. where we paid for a
permit to increase our personal space.
• We also hired an Appraisal Firm to do a new appraisal of our property. (De Stecher Appraisals
Ltd), where in the appraisal it states
" On October 15, 2013, the City of Saint John issued a new draft zoning by -law titled ZoningSJ, following
extensive study following the adoption of Plan SJ in February 2012. Manning Staff indicated that the new
zoning by -law is expected to be adopted in March or April of 2014"
"Under the proposed ZoningSJ, will be zoned CC or Corridor Commercial. Part B2 is to be zoned RU or
Rural. As per section 2.7, the appraisal assumes that the new by -law has been adopted, Zone standards
applicable to the CC and RU Zones are attached as Appendix B and the complete by -law is available at
www.saindohn.ca "
We proceeded forward, with the understanding that ZONFSJ was giving us (CC) Zoning.
With the City's assurance of Corridor Commercial zoning,
• We developed a new business strategy, to grow or existing Business.
• We spent months planning our new sales office, for which was previously approved _
• Already had our permit paid for and in place for an increased living area (which was
planned for the spring of 2014).,
• major plans to upgrade our quality of vehicles,
• planned huge paving and landscaping,
• Service Center Building upgrades, New Doors & Siding, signage... etc. $$$$$$$$.
But most importantly refinanced our entire operation,
based entirely on what the city had told us, meaning CC
Zoning
In February of this year, we found out ZoneSJ revised their decision, and our property would be
diminished from a permitted use to o recognized exception within a General
Commercial Zone (CG).
This was a contradiction to prior consultation with the Planning staff, that had been very positive. In
addition to what we had already been told by city staff, it had also shown the property Had CC Zoning.
(CC is what fits with our already existing business), through the various Public Presentation Open Houses
and on the PlanSJ /ZoneSJ website.
This reversal, by the city will detrimentally affect my business financially.
Many, many more letters were written to the city in hopes of having this matter cleared up ....before
the formal adoption of ZoneSJ, with no positive result.
We even asked Ms. Jacqueline Hamilton for a meeting with the Planning Dept., where she arranged
for us to meet at city hall in early July with only one city official, Mr. Pat Forum. We did, and it was
attended by me and my partner and Mr. Forum. The meeting was unproductive and were told the
reason for the reversal of descion was because the planning dept. thought they
had too many CC zones and eliminated ours.
I would also like to bring to your attention a newly acquired city building, on Manawogonish Rd,
M-N
just Y2 a kilometer away from our property has been given CC Zoning, and all the properties along that
whole side of road Have also been given CC zoning as well.
This New Corridor Commercial, which had the same BZ zoning as our property now has CC Zoning,
it is located directly across the street from a true growing residential area and new MULTI Multi million
dollar subdivision, with lots of children.
This New CC Zoned area consists of properties: (PLEASE SEE SOME PICTURES BELOW)
Including barn like construction company (in disrepair),
a Personal home or dwelling with trailer sales in their yard,
and a many year vacant building (formerly Art's Appliances) .
AND even a wooded lot which has never been used for anything, on other side of city bldg..
All these businesses were granted Corridor Commercial zoning without ever having to go
through the channels I have had to. They had Corridor Commercial zoning dropped in their
lap and did nothing for it.
i doesn't seem fair. I have spent my adult life working and developing my property, and
every dollar I've earned back into the property.
PICTURES OF NEW Corridor Commercial Zoning .
r�
Far Left, Newly acquired City Building, Middle: Barn like old structure,
Below: Personal Home selling trailers in yard.
MR
MW
Yard with some pull trailers, and personal dwelling.
Me
T
Vacant building now under major renovations thanks to a gifted CC Zoning. Formerly had same B2
zoning as us, now CC.
s
O L, w. f
i
f
-�r
` r
%T klik"A
wit, �p� l ttl�4
dye 9 u�' StaDls
,�l R�f.'ciflrsrlilAf
1 "�
4
x:71 w'c7[iG� s. 'X �i.!jt A4
Ro.91
ai
This New Corridor Commercial on Manawogonish is surrounded by hundreds of residentiaf homes.
1
Our Property / Business is an ambassador for our city.
Because of our location and Multi Hwy access , we direct lost Saint Johner's and tourists several times
each and every day... Directing them to our hospitals, Market Square, Hotels, Reversing Falls, Irving
Nature Park, McAllister Mall etc. etc...
Our location deserves Corridor Commercial Zoning (CC).
The City Planning officials believe that we should be made Commercial General and all of our existing
business would be an EXCEPTION, to their own zoning qualifications. We are asking that you right
this wrong and zone us, for what we truly are which is (CC) Zoning„ and within that we are asking for
just one exception, that being our current existing dwelling which is attached and always has been to
which we the owner's live for safety and health reasons.
This Plan /Zone SJ, has been a very stressful daily part of our fives... and has been going on for almost 2
years. We want to move forward in our lives and business and get this matter resolved once and for all.
Everyone here knows that Businesses are closing and downsizing.... Throughout this city every day.
I have a locally owned and operated business that I have spent my whole life growing and developing.
We have a great reputation, Long time repeat Clientele, and attract Buyers from not only Moncton,
Fredericton, Quispamsis, but are even getting out of province buyers from PEI and Nova Scotia on a
regular basis.
I, as a business and an Employer, .... can't sit stagnant.... with no opportunity for growth and
development, We need jobs in this city, of which I provide.
With Corridor Commercial Zoning, I understand that any future plans
would go through all the proper city channels and appropriate depts..
I am not asking for anything more than I should already have.
I don't believe that ZoneSJ ever set forth with the intention of harming any Si Businesses,..... but the flip
flop on their decision form CC to GC, will detrimentally financially harm my business, our future and my
current relationship with Bank.
I would like to Thank the Mayor, Deputy Mayor and councillors for giving me the opportunity to speak
here tonight. I hope that what I have provided to you gives you a clear understanding of why I need the
zoning of Corridor Commercial Zoning (CC), for myself, my employees and my future employees, which
Fits my Legitimate Long Term Existing business, and with only one exception of my attached dwelling,
where we the owner's live.
I also have a letter fromP our closest neighbours, which I would like to read and is enclosed.
651
r
.1
i the N -platy MdyOr aria (:ity COJJTJ�&rs. C,t.t of Saint John
tare ire 'xrit.irg this let-ei 1" SUPP-OI! Of A! 1killianis of Al", I 1ltracir Sales and Semice in his
apr1licaum., to hni z,he zonnig Ahangid to CC on 1wproperttes. 00:%7n!74, 55:�212061.
k:1bamE i - ieady and willing 0�= supilort cxiimanit%,
-s a very good neignboui and da% aLN
.y i�' ,
lit C'tij
=6 6-waabk� cwjses tl�nlihc- mat- I e- 'businest, morerties on ou!, %v( et. h1s pjijIjCr"-:•
s nn%iiaiC Aatc Tue bulkhrigs 3iz atimclive anti v. ell maintained 1 e 3rolinw are m.-wed apj
flo =vcrs and -trees pW.te;.• There is ne litter, ;-,aj bage, lunked �;ai- ur car par,-. - isilda
One of these properties was the site of the former El Beigrano restaurant and cabins 1heichad
,ven a fire -Arwl the build!ngs bad been left in a dangerou, atie (jil;kpidated (xindition %Ir Williams socrit
oine 4nd money Liearllig up 1ho piorerty a,11 making ii see and more preseya*lr fci
oi'.J%L ; lip It, e In trw ar"I
NVe fns a. -, err '-Ors enierit to lia-- e a gat age nearby o. hei e wr. sari irla-,e oar � ehiclers wr, iced In
OVD110j; Nir Wijharr� h&; tin horses*, ztell run husineqq.
t brna" '-wsioes, owney Mr 'W, D iaw.� provide,;, ernplo-,meni " fors, .cralrv--oplie WAslicha;
high unemployrnen' rate n Lhe area we fee.' that the Cay of Saint John should be clomp ail it can to
help and zncowageznafl business siicl, a-, this
Xs long tinic rcsidenty of the am.-- Avzz 'SnoN, inat three ho-, e 4]A,,a ne:;n busincssr;.g here.
motels resfatuants. garage. etc aiiiiwNe hzv%e jhva" s ined -1 h3r,.non) our coinm,-:lvial
ne:g.bbotus IAP® iec Y.4c. pmblem with 11.is rnly ofiez"ideril.tai mit.' cnizime=al properlic.-, and
t-,X, the othe) 'ou-,ir.cs-,es wouid rnalrowin ?heir prod -rae�, as M.. Wifliarns does
In closing ix.i; :could hope that the Ma, oz and (•011ALIj and the Planning Loinnillssion approve
kh- W61=ns retuning request. Fie has proven to be a good neighbour and we want to see him continue
to operate and expand his business in .-%jr neighbourhood
SinceieiN.
(Ijerimi and Derek Comfoid, 2101 Ocean West,.wtiy ( Residents for 62 and 41 vear% i
+
4 'oflt,y l'-w• ? - 13 OoeanWeslwk- (Resident fhr Wl.yeaj
C -tilt; and Ken Fan-, -11-28 Ocean it 6L--N-a-y t Residents! for 33 and 66 yea;,
652
Having said that, I would like to put forward the motion to Make my properties CC Zoning with the one
exception. I can answer any question you may have or it they are of a more Technical nature, I have Mr.
Turner here as well.
Thank YOU.
Al Williams & Karen Connell
653
To: City of Saint John
Common Council
PID's #00287458, 04287441, OD287474
September 5, 2014
I, fh &,a � A ad,. am a property owneislocated across the street from AI's Ultra
Car Sales & Service. I have no problem with the properties being Zoned Commercial Corridor.
Thank ou. Xe (Print) WEevrjwS6r)
Is
Address zz
t.
L 4CC/
Address
654
To: City of Saint John
Common Council
PiD's #00287458, 00287441, 00287474
September 5, 2014
1, SAS am a property owner located across the street from AI's Ultra
Car Sales & Service. I have no probiernfwith the properties being Zoned Commercial Corridor.
Thank you.
(Print) M
c2�L
y
Address
i & -f inn
/
Address
655
nv� ,e T
Q
CITY COUNCIL
Monday, September S
656
Zone ,j
INTRODUCTION
REASONS FOR EXPRESSED OPP ITIO
in "Urai
bp r m .,,' 2C.'04 0 L' y.^ ! C 'P' R'R :.r 1 ;.. C. y 11 G n ci
i,:A S _. J k v .1 a ! 1=;
V
\ [� '_"� i !� F'1 i i PT �f'� [, e ` � r"' y wi r'� ' � "1 L^ p�� � 1 � C L #� � "�y �'� !+ 1 �' r � (Preferred
.r m.'ai i a., T. 1..� . fir, �.+ 4� r PsF ,J 1 'v� a L _ 1 li�v �s� `
j p, r�.; r ' *
1
r
y _
h -1. t co-
i 'J" )
c@ 0 1 y a -2-2
i �
land
r1+w r. ? - * s
while p eni � �p: g
0 t "'S
657
Zone SjT
ILLU Ti ATO 1-• Discrimination example, 1
.^ L.oca� /o. �o' /A�P ,rya -��dy
^ning `. Proposed 'RW
" ' r r: r r;ai 0 , i y i zoned 'S while the ot-her RU
• i
roar-. ►r�:�nd�dv
and
adjace_nfio e;s�t
• t }
Y r� Imo' �� I M±
S ! d' \.+ � !� .; @ 1
JSi !R � � ✓ 1 Y!S 1,1f'Y /1 Sf ;"
ci s L
„"h �
1� a.�
SIB a r� A `F - ■ � !
r 1 rr /A }^ r�yl� I 1 �` /� �'y
0 i -al P P i w, FF!
t »i v+ v ... F..,.i ? ..l' a -i� 1
• i
Zone SJ
11
ILLUSTRATON — Discrimination continued
% %. i : b I I
rcn; both o
LOmord Road a,r-, al r% r on
f
!L i,c;m Lonnoind Sr.�
e C o.-s i c", the Art-erical
659
Zone Sj
Lcx-_'M. Lornond Rtoc-id/Hillcirest- Rocaid
(may he fairiliar with -the Lakewood 'Quai#dian Pharmacy)
�,u lren(.. Zoming RSA P oposed ��
e ' -'y i c -@s ' ^ui:rchas �! ith the, Intent -c. dic. se'o
�� •r` �N' ^��Irfi, t it ca.;,q'l��S:��o`'� � i� � � �� � ��" G'1�� ?.1�+� 4.1 P
M
Zone Si
ILLUSTRATON - Discrimination continued
1 .1 !D C! •I �e . - .
Re-.@,scl-12bie giveri ro. p N; loc-."-ead 900-F-71-
P%-i L
jy
�.O.-y Serp�mces (Lako"WOOC: e i g'
% j
V Vol
`c)rlstruct - Ic-r-al Pharmaq,
e g i S a -e wal. ►
%Z e r.', o n al s t e p: p. a r s u b d i v I si o n p I a " E a %. .1 W-
661
one j
ILLUSTRATON — Discriminal-It-ion continued
1 1 4.
9C-10 fit frn
P*i-c-perN lioLlcl-L n•, pl< W I
P-1,!gits ,see ^.iced resident li de-ve lo p rn e in. -t
L c c., 2, -e!%/ 700 1-1.- from 4 or;erc"s I-ensi 'enit'ai
E: Gil 2 Pk D 0 A"';i Ma IL L r L
B
i i L: cS Road growing L are -
th Lod'-) omond Rocacl C-NAnd H"lill"cres-it-
A 1C. C s s bi te,
R c 21 d
662
Zone SiL,
SUMMARY
_I ` sEs. ... ceis � l 1�ind. are �.ie,` g 11t-g Ll�Iei�� `i-'� �r� rl i^i1� ��p
r
��. a �� a=re 9e� � ca e a rUra area dive; ..L he v .ire.:
S . :.i a: 9 . G + .1 �✓ Y i.+ �. : t.' �. iL �. i.i i L ! 1 ; ! l it e � Gf 1 a I �' �L L e r c
e- s;cien6.!aI de e ! o p i eeiniL
.� r * 1
r .. �. ..s .. s.. 1 N f Y ,
.t .. s- * ! Fes, r+ ;•a v- *'e �'- I ,-� Ilk cis, Iii
663
Zone Sj-,.
EQU EST
e�l
�.Or "SiC elr -:i to ir-Zp rt
V' n•S'"; 7 y� S
'ai rri rF 1 C J ! .r
Ar4A
; �_� � ;%LCII L i'SS!" 0t' ; .l'`�Se ::�~ +c ' ±lac
Vii : ' O 1.
a S M:r
'to C) be � ; ` , " to R P y, vk/ ! - S co !'' S I C' I'' `� �ie y► . 1
..-
Im w A .
September 8, 2014
Deputy Mayor Rinehart and Councillors,
Subject: Committee of the Whole: Recommended Appointment for Director of the
Municipal Emergency Measures Organization
The Committee of the Whole, having met on September 8, 2014, adopted the following
resolution:
"RESOLVED that as recommended by the Committee of the Whole, having met on September
8, 2014, Fire Chief Kevin Clifford be appointed as the Director of the Municipal Emergency
Measures Organization, in accordance with Section 3(b) of the Saint John Emergency
Measures Bylaw and Section 9(b) of the Emergency Measures Act for a sixty day term effective
September 11, 2014 to allow the Nominating Committee to formulate a more detailed
recommendation respecting the directorship of EMO."
Sincerely,
Mel Norton
Mayor
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21- 41-1 1 www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1
M.