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2013-10-15_Agenda Packet--Dossier de l'ordre du jourr. City of Saint John Common Council Meeting AGENDA Tuesday, October 15, 2013 6:00 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 2.1 Approval of Minutes September 30, 2013 2 - 8 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 M &C 2013 -224 Proposed Heritage Conservation Areas By -Law Amendment 9-14 100 Watson Street, St. George's — St. Jude's Church (Recommendation in Report) 5.2 M &C 2013 -225 Proposed Heritage Conservation Areas By -Law Amendment 15-19 183 Duke Street West, St. George's Rectory (Recommendation in Report) 5.3 M &C 2013 -221 Potential Sale of Portion of City Owned Property Adjoining Civic 20-24 359 Eldersley Avenue (Recommendation in Report) 5.4 M &C 2013 -210 Easement Acquisition for Municipal Sanitary Sewer Line Civic 25-29 236 Bridge Street (Recommendation in Report) 6. Members Comments 7. Proclamation 1 Powered By; $ 1BE' 8. Delegations / Presentations 9. Public Hearings 10. Consideration of By -laws 10.1 Third Reading Municipal Plan Amendment: 59 -119 Commerce Dr., 1 -15 Consumers Dr., 130 -160 Mark Dr. 10.2 Third Reading Zoning ByLaw Amendment: 1666 Hickey Road 10.2.1 Section 39 Conditions - 1666 Hickey Road 10.2.2 Section 39 Amendment - 1666 Hickey Road 10.3 Third Reading Stop Up and Close: South Market Wharf, Ward Street and Peters Wharf 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 M &C 2013 -222 - Public Release of the Draft Zoning Bylaw 13. Committee Reports 13.1 Saint John Industrial Parks Letters Patent and By -Law Review 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 16.1 M &C 2013 -226 - Contract 2013 -21 North End 900 mm Diameter Water Transmission Main Chamber Rehab 16.2 M &C 2013 -227 Saint John Skating Club - Mini Battle of the Blades 16.3 YM -YWCA - Request for In -Kind Support 16.4 M &C 2013 -228 Request to Extend Closing of Sale of former Freedom and Vimy Courts to Vimy Estates Inc. 17. Committee of the Whole 17.1 Financial Agreement for a Collaborative Project between PPP Canada Inc. and the City of Saint John - Safe, Clean Drinking Water Program 18. Adjournment 1 30-32 33 -34 35-35 36-36 37-38 39-267 268-269 270-271 272-276 277-278 279-280 281 -281 City of Saint John Common Council Meeting Tuesday, October 15, 2013 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion 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 Approval of Minutes 10.2(4) 1.2 Security 10.2(4)(h) 1.3 Personal Matter 10.2(4)(b) 1.4 RTIPPA Teach -In 1.5 Nominating Committee 10.2(4)(b) The City of Saint John Seance du conseil communal Le mardi 15 octobre 2013 18 h Salle du conseil Comit6 pl6nier 1. Ouverture de la seance Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau de la greffi&e communale au 658 -2862. Chacun des points suivants, en totalit6 ou en partie, peut faire Pobjet d'une discussion en priv6 en vertu des dispositions pr6vues a Particle 10 de la Loi sur les municipalWs. Le conseil /comit6 prendra une ou des d6cisions a cet 6gard au cours de la seance publique 16 h 30 — Salle de conference, 8e 6tage, hotel de ville 1.1 Approbation du proc6s- verbal — paragraphe 10.2(4) 1.2 S&urit6 — alin6a 10.2(4)h) 1.3 Question relative au personnel — alin&a 10.2(4)b) 1.4 Seance d'6tudes relative a la Loi sur le droit a Pinformation et la protection de la vie privee 1.5 Comit6 des candidatures — alin&a 10.2(4)b) Seance ordinaire 1.Ouverture de la seance, suivie de la priere 2. Approbation du proces- verbal 2.1 Proc&s- verbal du 30 septembre 2013 3. Adoption de Pordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a Papprobation du conseil 5.1 M/C 2013 -224 — Projet de modification de Parr&6 relatif aux secteurs sauvegard6s du patrimoine, visant les 6glises St. George et St. Jude, au 100, rue Watson (recommandation figurant au rapport) 5.2 M/C 2013 -225 — Projet de modification de 1'arrete relatif aux secteurs sauvegardes du patrimoine visant le presbytere St. George, au 183, rue Duke Ouest (recommandation figurant au rapport) 5.3 M/C 2013 -221 — Vente potentielle d'une partie d'une propriete appartenant A la Ville attenante au 359, avenue Eldersley (recommandation figurant au rapport) 5.4 M/C 2013 -2 10 — Acquisition d'une servitude relative au reseau municipal d'egout sanitaire visant le 236, rue Bridge (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 9. Audiences publiques a 18 h 30 10. Etude des arretes municipaux 10.1 Troisieme lecture de la modification du plan d'amenagement visant les 59- 119, promenade Commerce, les 1 -15, promenade Consumer et les 130- 160, promenade Mark 10.2 Troisieme lecture du projet de modification de 1'Arrete de zonage visant le 1666, chemin Hickey 10.2.1 Conditions imposees par Particle 39 relativement au 1666, chemin Hickey 10.2.2 Modification en vertu de Particle 39 relativement au 1666, chemin Hickey 10.3 Troisieme lecture du projet de modification de 1'arrete visant a fermer et a barrer les trongons suivants : le quai South Market, la rue Ward et le quai Peters 11. Interventions des membres du conseil 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 M/C 2013 -222 — Diffusion au public de 1'Arrete de zonage provisoire 13. Rapports deposes par les comites 13.1 Lettres patentes de Saint John Industrial Parks et examen de 1'arrete 14. Etude des sujets ecartes des questions soumises a 1'approbation du conseil 15. Correspondance generale 16.Ordre du jour supplementaire 16.1 M/C 2013 -226 — Contrat ri 2013 -21 : Remise en 6tat d'une conduite d'eau principale de 900 mm de diametre du quartier North End 16.2 M/C 2013 -227 — S6rie t&16vis6e « Mini Battle of the Blades » du Saint John Skating Club 16.3 Demande de services en nature du YM -YWCA 16.4 M/C 2013 -228 — Demande de prolongation de la date de cl6ture de la vente de deux parcelles de terrain (anciennement les cours Freedom et Vimy) a Vimy Estates Inc. 17. Comite pNnier 17.1 Entente de financement d'un projet de collaboration entre PPP Canada Inc. et The City of Saint John dans le cadre du Programme sur la salubrit6 et propret& de 1eau potable 18. Levee de la seance 97- COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 30, 2013/LE 30 SEPTEMBRE 2013 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — SEPTEMBER 30, 2013 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge - and - P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; W. Edwards, Commissioner of Transportation and Environment Services; J. Hamilton, Commissioner of Growth and Community Development Services; A. Poffenroth, Deputy Commissioner Building and Inspection Services; N. Jacobsen, Commissioner of Strategic Services; G. Doucet, Sergeant -at -Arms; K. Clifford, Fire Chief; J. Taylor, Common Clerk; P. Anglin, Acting Deputy Common Clerk. Regrets: Councillor Farren Call to Order — Prayer Mayor Norton called the meeting to order and Rev. Mike Caines of the Church of the Resurrection offered the opening prayer. 2. Approval of Minutes 2.1 Minutes of September 16, 2013 On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the minutes of the meeting of Common Council, held on September 16, 2013, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the agenda of this meeting be approved with the addition of item 16.1 Retail Hours of Operation - Revisions to the Saint John Closing of Retail Businesses By -law. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M &C 2013- 208: Amending Report Regarding Initiate Stop -Up and Closure of Public Streets South Market Wharf, Ward Street and Peters Wharf: 1. Common Council rescind its resolution of September 16`", 2013 and adopt the following: 2. The Public Hearing for the consideration of the passing of a By -law to Stop Up and Close all those portions of Public Streets, known as South Market Wharf, Ward Street and Peters Wharf, as shown on the attached Plan of Survey to M &C 2013 -208, be set for Monday, October 7, 2013 at 6:30 p.m. in the Council Chamber; and 3. Common Council authorize the publishing of a notice of the intention to consider passing of such By -law. 97- COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 30, 2013 /LE 30 SEPTEMBRE 2013 5.2 That as recommended by the City Manager in the submitted report M &C 2013- 206: TransCanada Pipelines Limited - Access to City Owned Lands, Common Council grants permission for TransCanada Pipelines Limited, its agents, servants, employees and contractors to enter upon City owned land identified as PID numbers 55189609, 55189583 and 335927 for the purpose of invasive non - invasive field studies under the terms and conditions outlined in the SURVEYS ACKNOWLEDGEMENT FORM as attached hereto M &C 2013 -206. 5.3 That as recommended by the City Manager in the submitted report Request for Permission to Re -Use Text and Photographic Images, the City Solicitor be directed to prepare an agreement granting permission for the re -use of textual and photographic content, copyrighted to the City of Saint John, that was contributed to the New Brunswick Register of Historic Places and Canadian Register of Historic Places and further that the Mayor and Common Clerk be authorized to execute the said agreement. 5.4 That as recommended by the City Manager in the submitted report M &C 2013- 205: Licence Agreement (Market Square) - F6 Networks Inc., the City enter into the Licence Agreement attached to M &C 2013 -205 and that the Mayor and Common Clerk be authorized to sign the Licence Agreement. 5.5 That as recommended by the City Manager in the submitted report M &C 2013- 204: Forest Hills Fence Replacement - Recommendation for Award of Contract tender number 2013- 083101T - Forest Hills Fence Replacement be awarded to the low tenderer, Maritime Fence Ltd., at a tender price of $112,020.00 plus HST and further, that the Mayor and Common Council be authorized to execute the necessary contract documents. 5.6 That the YMCA letter regarding services to newcomers in Saint John be received for information. 5.7 That as recommended by the City Manager in the submitted report M &C 2013- 209: Harbour Clean -Up - Sanitary Lift Station 31 Sewer & Forcemain Easements: 1. The City of Saint John enter into a Memorandum of Agreement with JD Irving Limited, New Brunswick Southern Railway Co. Ltd. and Saint John and Maine Railway Company for the purchase of easements necessary for Sanitary Lift Station # 31, in the form and upon the terms and conditions as attached to M &C 2013 -209; and, 2. The Mayor and Common Clerk be authorized to execute the said Memorandum of Agreement and all documentation required to complete the contemplated purchase. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. Question being taken, the motion was carried 6. Members Comments Council members commented on various community events 7. Proclamation 8. Delegations /Presentations 8.1 Rehabitat Inc. Land Bank Proposal Referring to the submitted presentation, Mr. Ross Brittain and Ms. Kit Hickey representing Rehabitat Inc. and Housing Alternatives provided an update to Council on the land bank proposal for the City of Saint John. On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that Common Council suspend section 10.7 of Council's Procedural Bylaw respecting the finalization of matters pertaining to a delegation. 3 97- COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 30, 2013/LE 30 SEPTEMBRE 2013 Question being taken, the motion was carried. On motion of Deputy Mayor Rinehart Seconded by Councillor MacKenzie RESOLVED that the City of Saint John support in principle the establishment of a land bank for the benefit of the City of Saint John. Question being taken, the motion was carried. 12. Business Matters - Municipal Officers 12.1 Play SJ Update On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -207: Play SJ Update, the report be received for information. The City Manager advised of two upcoming public consultations at the Lily Lake Pavilion scheduled for October 17th and October 22nd Question being taken, the motion was carried. 17. Committee of the Whole 17.1 Disability Pension On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that as recommended by the Committee of the Whole, having met on September 23, 2013: That employee ID # 5991 be awarded disability benefits from the City of Saint John in accordance with the Disability Pension provisions of the now repealed City of Saint John Pension Act, as the latter Act existed on the 31St day of December 2012. Question being taken, the motion was carried. 15. General Correspondence 15.1 Request to Present - City Market Seniors On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that the letter from the City Market Seniors be referred to the 2014 budget deliberations. Question being taken, the motion was carried. 9. Public Hearings 6:30 P.M. 9.1 Proposed Municipal Plan ByLaw Amendment - 59 -119 Commerce Dr., 1 -15 Consumers Dr., and 130 -160 Mark Dr. 9.1.1 Planning Advisory Committee Report Recommending Municipal Plan Amendment The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule A — City Structure, by re- designating seven parcels of land having a total area of approximately 4.5 hectares, located at 59 -119 Commerce Drive, 1 -15 Consumers Drive and 130 -160 Mark Drive, also identified as being PID Numbers 55149777, 55151336, 55151310, 00437772, 00000004, 55200448 and 55200430, from Stable Area to Regional Retail Centre classification; and amending Schedule B — Future Land Use, by re- designating the same parcels of land from Stable Residential to Regional Retail Centre classification to correct a mapping error on Schedules A and B of the Municipal Plan as requested by Harbary Holdings Inc., with no objections being received. 11 97- COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 30, 2013 /LE 30 SEPTEMBRE 2013 Consideration was also given to a report from the Planning Advisory Committee submitting a copy of planning staff's report considered at its September 17, 2013 meeting at which time the committee recommended approval of the Municipal Plan amendment of the parcel of land located at 59 -119 Commerce Drive, 1 -15 Consumers Drive and 130 -160 Mark Drive as described above. The Mayor called for members of the public to speak against the Municipal Plan amendment with no one presenting. The Mayor called for members of the public to speak in favor of the Municipal Plan amendment with no one presenting. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the by -law entitled, "A Law to Amend the Municipal Plan By -Law" amending Schedule A — City Structure, by re- designating seven parcels of land having a total area of approximately 4.5 hectares, located at 59 -119 Commerce Drive, 1 -15 Consumers Drive and 130 -160 Mark Drive, also identified as being PID Numbers 55149777, 55151336, 55151310, 00437772, 00000004, 55200448 and 55200430, from Stable Area to Regional Retail Centre classification; and amending Schedule B — Future Land Use, by re- designating the same parcels of land from Stable Residential to Regional Retail Centre classification, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend the Municipal Plan By- Law." On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that the by -law entitled, "A Law to Amend the Municipal Plan By -Law" amending Schedule A — City Structure, by re- designating seven parcels of land having a total area of approximately 4.5 hectares, located at 59 -119 Commerce Drive, 1 -15 Consumers Drive and 130 -160 Mark Drive, also identified as being PID Numbers 55149777, 55151336, 55151310, 00437772, 00000004, 55200448 and 55200430, from Stable Area to Regional Retail Centre classification; and amending Schedule B — Future Land Use, by re- designating the same parcels of land from Stable Residential to Regional Retail Centre classification, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Municipal Plan By- Law." 9.2 Proposed Zoning Amendment and Section 39 Amendment - 1666 Hickey Rd 9.2.1 Planning Advisory Committee Report Recommending Sec 39 Amendment, Rezoning and Sec 39 Conditions The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 2693 square meters, located at 1666 Hickey Road, also identified as being a portion of PID Number 55198402, from "R -2" One and Two Family Residential to "IL -1" Neighbourhood Institutional, with no objections being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of planning staff's report considered at its September 17, 2013 meeting at which time the committee recommended the rezoning of a parcel of land located at 1666 Hickey Road as described above with Section 39 conditions. The Mayor called for members of the public to speak against the amendment with no one presenting. 5 97- COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 30, 2013/LE 30 SEPTEMBRE 2013 The Mayor called for members of the public to speak in favor of the amendment with no one presenting. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 2693 square meters, located at 1666 Hickey Road, also identified as being a portion of PID Number 55198402, from "R -2" One and Two Family Residential to "IL -1" Neighbourhood Institutional, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 2693 square meters, located at 1666 Hickey Road, also identified as being a portion of PID Number 55198402, from "R -2" One and Two Family Residential to "IL -1" Neighbourhood Institutional, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John." 9.3 Proposed Section 39 Amendment - 142 Harrington St. 9.3.1 Planning Advisory Committee Report Recommending Section 39 Amendment The Common Clerk advised that the necessary advertising was completed with regard to the proposed Section 39 amendment amending the Section 39 conditions imposed on the January 4, 2011 rezoning of the property located at 142 Harrington Street, also identified as PID Number 00371518, to amend or delete the conditions that require the development of a parking area in the rear yard of the property. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of planning staff's report considered at its August 20, 2013 meeting at which time the committee recommended the amendment of the existing Section 39 conditions described above. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favor of the proposed amendment with no one presenting. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that Common Council amend the Section 39 conditions imposed on the January 4, 2011 rezoning of the property located at 142 Harrington Street, also identified as PID Number 00371518, to read as follows: (a) That the use of the site be limited to a business office and dwelling units; (b) That parking for the development be provided through one of the following configurations: (i) a parking area in the rear of the site and accessed via the existing driveway from Harrington Street, developed in accordance with a detailed plan prepared by the developer and subject to the approval of the X 97- COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 30, 2013/LE 30 SEPTEMBRE 2013 Development Officer, detailing the layout of the parking area and landscaping and showing a minimum of four parking spaces; or (ii) provision of the required minimum of four parking spaces on the adjacent Landsdowne Centre property (PID 00370973) or an appropriately zoned property within a 250 meter radius of 142 Harrington Street, subject to formal written confirmation from the landowner of the adjacent Lansdowne Centre property or other property owner for use of the parking area. Should the adjacent Landsdowne Centre property be used, formal written confirmation from the landowner of the adjacent property at 146 Harrington Street will also be required for the use of a portion of their lands as a walkway. The written confirmation will be required to be provided by the developer on an annual basis as requested by the Development Officer; or (iii) construction of the required parking at the rear of 142 Harrington Street accessed through the adjacent Landsdowne Centre property subject to a formal access easement being prepared and subject to the approval of the Development Officer. (c) Should parking be provided through the options outlined in (b)(i) or (b)(iii), the developer must: (i) pave all access, maneuvering and parking areas developed on the subject property at 142 Harrington Street with asphalt and that paved areas be enclosed with continuous cast -in -place concrete curbs where necessary to protect landscaped areas and to facilitate proper drainage; and, (ii) provide a detailed stormwater and site drainage plan and report, subject to the approval of the Chief City Engineer or his designate, indicating how storm water collection and disposal will be handled from the resulting parking area at 142 Harrington Street. Question being taken, the motion was carried. 10. Consideration of By -laws 11. Submissions by Council Members 12.2 Truck Route Impacts with One Mile House Interchange On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -203: Truck Route Impacts with One Mile House Interchange, this report be received for information. Question being taken, the motion was carried. 16. Supplemental Agenda 16.1 Retail Hours of Operation - Revisions to the Saint John Closing of Retail Businesses By -law Consideration was given to a submitted report from the City Manager entitled Retail Hours of Operation - Revisions to the Saint John Closing of Retail Businesses By -law. On motion of Councillor Reardon Seconded by Councillor MacKenzie RESOLVED that the by -law entitled, "A By -Law Respecting the Closing of Retail Businesses in The City of Saint John" permitting retail businesses to set their own hours of operation in the City of Saint John on a weekly day of rest, be read a first time. Question being taken, the motion was carried. 7 97- COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 30, 2013/LE 30 SEPTEMBRE 2013 Read a first time by title, the by -law entitled, "A By -Law Respecting the Closing of Retail Businesses in The City of Saint John. " On motion of Councillor Reardon Seconded by Councillor MacKenzie RESOLVED that the by -law entitled, "A By -Law Respecting the Closing of Retail Businesses in The City of Saint John" permitting retail businesses to set their own hours of operation in the City of Saint John on a weekly day of rest, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A By -Law Respecting the Closing of Retail Businesses in The City of Saint John. " 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 18. Adjournment The Mayor declared the meeting adjourned at 6:50 pm. Mayor / maire Common Clerk / greffier communal n. REPORT TO COMMON COUNCIL M &C- 2013 -224 October 8th, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councilors: SUBJECT: Proposed Heritage Conservation Areas By -Law Amendment 100 Watson Street, St. George's — St. Jude's Church BACKGROUND: City of Saint John At its meeting on May 15th, 2013, the Heritage Development Board (HDB) considered an application from Churchwarden, Susan Jack, on behalf of St. George's — St. Jude's Anglican Church for a Certificate of Appropriateness (Heritage Permit) for the installation of vinyl siding on the east fagade of the building, which remained clad in wood shingles. It was acknowledged that approximately 75 percent of the church's exterior cladding is vinyl siding, which was installed prior to its Heritage Designation within the King Street West Conservation Area in September 2007. The Board determined that the proposed vinyl siding would not be in keeping with the Heritage Conservation By -Law and denied the request. However, the Board recommended the use of wooden clapboards and suggested that the applicant take this opportunity to restore character defining elements. The applicant was not satisfied with the Board's decision; subsequently, Ms. Jack met with staff in May and discussed several options for the church for the future, including restoration, maintenance and the process of requesting for removal from the Conservation Area. On July 29th 2013, Ms. Jack submitted a letter to the Heritage Development Board requesting that the church be formally removed from Heritage designation. In the letter and at the HDB meeting of August 7th, 2013, the applicant outlined the reasons for this request and explained that although the resources of two parishes have been recently combined it is likely that the church will have to close in the next two to three years because of financial hardship. The Board held a lengthy discussion regarding the importance of the church building within the West Saint John neighborhood, regardless of the building's occupants in the years to come, and expressed the concern that removing this building from heritage designation would remove it from the 9 M & C — 2013 -224 - 2 - October 8, 2013 protection of the Saint John Heritage Conservation Areas By -Law, therefore allowing for the potential of demolition. It was also discussed that the decisions of the Board should not be influenced by an owner's financial situation as there is always the potential for a new owner to purchase the building and utilize the Heritage Grant Program to assist in maintaining and restoring the building. At the meeting of August 7th, 2013, the Heritage Development Board adopted the following resolution: "The Board recommend to Common Council that it deny the removal of 100 Watson Street from the King Street West Heritage Conservation Area. " The intent of the Heritage Conservation Areas By -Law is ultimately to encourage the restoration of the heritage properties through proper maintenance. Considering this, the Board resolved to provide the church with a preservation alternative. The Board discussed the potential for approving the vinyl siding to be installed on top of the existing wooden shingles, which would allow for restoration in the future. Board members agreed that the property at 100 Watson Street is a key part of the King Street West Conservation Area and that ensuring that the existing wooden shingles remain intact by applying the vinyl siding over top, would be in the best interest for the building at this time. Considering Ms Jack's original Heritage Permit application, the Board resolved: "...whereas St. George's - St. Jude's Church has been clad in vinyl siding except on the east wall, the Board desires to protect the existing wood shingles and approves the installation of vinyl siding on top of the existing wooden shingles, to allow for future restoration. " ANALYSIS: St. George's Church, built for its first service on November 6, 1821, is recognized as being a part of the history of the Anglican Church of Canada, the Parish of Carleton, and King Street West Conservation Area. It is the oldest church in continuous use in Saint John. The original St. George's Church, absent of the tower, was built in the popular Georgian style with its main entrance facing King Street West. By 1840, the central tower was added along with other expansions. The mechanical clock was gifted to the church from the post office building (torn down in 1932) on Union Street West; this clock is the only mechanical clock remaining in Saint John, as others have been converted to electric. St. George's church is a significant piece of heritage architecture in Saint John; the Board is of the view that the building should remain in the designated heritage area and continue to be protected under the Heritage Conservation Areas By -Law. The removal of a property from heritage designation requires an amendment to the Saint John Heritage Conservation Areas By -Law. The process to consider such an amendment, as set out in the Heritage Conservation Act, requires Council to hold a public hearing before a decision is made on the amendment to the by -law. Council should be aware that prior precedence exists for 10 M & C — 2013 -224 -3 - October 8, 2013 removing a property from its heritage designation (the case of 12 -14 Bentley Street January, 2013). Council should also be aware that the City does not have an application fee for a request to remove a property from a designated heritage area. There are costs that must be paid by the municipality; the required newspaper advertising (two consecutive weeks) as well as any necessary translation of the advertisement and By -Law will have to be absorbed by the Heritage Division budget. It is anticipated that these costs will amount to approximately $1,700. RECOMMENDATION: Your City Manager recommends that Common Council schedule a public hearing date of Monday December 9`h, 2013 at 6:30 p.m. in the Council Chambers to consider an amendment to the Saint John Heritage Conservation Areas By -Law, which would remove the church building at 100 Watson Street from the King Street West Conservation Area, and that the necessary advertising be authorized in this regard. Respectfully submitted, Amy Poffenroth, P. Eng., MBA Building Inspector Deputy Commissioner Jacqueline Hamilton, MCIP, RPP Growth and Community Services Department Commissioner Patrick Woods, CGA City Manager Attachment: Photos Attachment: By -Law Amendment 11 100 Watson Street: St. George's — St. Jude's Anglican Church tL-P,71 I Photo, 1980 J[ 100 Watson Street - photos 12 �Y A i �i h ry# .. i M ki, N 41 BY -LAW NUMBER HC -1- A LAW TO AMEND THE SAINT JOHN HERITAGE CONSERVATION AREAS BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Saint John Heritage Conservation Areas By -law, enacted on the ninth day of October, A.D. 2007, is amended by: 1 Amending paragraph 2(l)(g) and Schedule "G ", King Street West Heritage Conservation Area, by removing from the heritage conservation area a parcel of land having an area of approximately 1960 square metres, including buildings and structures thereon, located at 100 Watson Street, also identified as being PID No. 00361535. 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. 2013 and signed by: Mayor/Maire ARRETE No HC -1- ARRETE MODIFIANT L'ARRETE CONCERNANT LES AIRES DE CONSERVATION DU PATRIMOINE DE SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decr&6 ce qui suit : L'arrete concernant les aires de conservation du patrimoine de Saint John, decretd le neuf (9) octobre 2007, est modifi6 par: 1 La modification du paragraphe 2(1)(g) et de Pannexe «G», Aire de conservation du patrimoine de la rue King Ouest, par la suppression d'une parcelle de terrain d'une superficie d'environ 1 960 metres carr6s, comprenant les batiments et les constructions la- dessus, situee au 100, rue Watson, et portant le NID 00361535. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arr6te le 2013, avec les signatures suivantes . Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxi6me lecture Third Reading - Troisi6me lecture 14 REPORT TO COMMON COUNCIL M &C- 2013 -225 October 8th, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councilors: SUBJECT: Proposed Heritage Conservation Areas By -Law Amendment 183 Duke Street West, St. George's Rectory BACKGROUND: City of Saint John The property at 183 Duke Street West received its Heritage Designation in September 2007 within the King Street West Conservation Area. This Italianate building was originally built as the Rectory for St. George's Anglican Church in 1884, adjacent to the church, and has continued to be used as such by the parish. Over the years, this building has been well maintained however evidence of its historic character - defining elements, specifically the wood architectural detailing have not been retained. This building is totally clad in vinyl siding. At its meeting on May 15th, 2013, the Heritage Development Board (HDB) considered an application from Churchwarden, Susan Jack, for a Certificate of Appropriateness for the installation of vinyl siding on the east facade of the Church. The Board determined that the proposed vinyl siding would not be in keeping with the Heritage Conservation Areas By -Law and denied the request. The applicant was not satisfied with the Board's decision; subsequently, Ms Jack met with staff in May and discussed several options for the Rectory and the church for the future, including restoration, maintenance and the process of requesting removal from the Conservation Area. On July 29th 2013, Ms. Jack submitted a letter to the Heritage Development Board requesting that the Rectory and the Church be formally removed from Heritage designation. In the letter and at the HDB meeting of August 7th 2013, the applicant outlined reasons for this request and explained that the two parishes have been experiencing financial hardship. The Board held a lengthy discussion regarding the importance of the church building within the West Saint John neighborhood, and recommended denial of the request for removal. The discussion and recommendation regarding the Rectory, 183 Duke Street West, was tabled, pending additional background information on the historical significance of the rectory building: "... table the request for the removal of 183 Duke Street West from the King Street West Heritage Conservation Area, pending a background report of the property from staff. " 15 M & C — 2013 -225 - 2 - October 8, 2013 At its meeting on September 4th, 2013, the Heritage Development Board considered the request from Ms. Jack, who was not present, for removal of 183 Duke Street West from the King Street West Heritage Conservation Area. The intent of the Heritage Conservation Areas By -Law is ultimately to encourage the restoration of the heritage properties through proper maintenance. However, it was discussed by the Board that this building has no original elements remaining since its exterior condition has been largely modernized, and it was agreed that there are few character - defining elements intact for future restoration. In addition, it's location on Duke Street is not within the streetscape of the historically designated King Street West. The Heritage Development Board adopted the following resolution: "The Board recommend to Common Council, with regret, that the building at 183 Duke Street West be removed from the King Street West Heritage Conservation Area. " ANALYSIS: This two -story wooden Italianate house was built in 1884 as the Rectory for St George's Church, and is recognized as being a part of the history of the Anglican Church of Canada, the Parish of Carleton, and King Street West Conservation Area. The removal of a property from heritage designation requires an amendment to the Saint John Heritage Conservation Areas By -Law. The process to consider such an amendment, as set out in the Heritar Conservation Act, begins by setting an advertised public hearing date at which point 1St and 2" hearings can be considered. Council should be aware that removing a property from its heritage designation has been requested in the past and was successful once, in the case of 12- 14 Bentley Street (January, 2013). This request for removal arose from the outcome of an application in May 2013, the refusal of the Heritage Development Board to permit the installation of vinyl siding on the east wall of St. George's — St. Jude's Anglican Church. The decision to remove the Rectory was arrived at with thoughtful consideration by the Board, with practical reasoning and the understanding that most of the heritage value of the building has already been lost. Council should also be aware that the City does not have an application fee for a request to remove a property from a designated heritage area. There are costs that must be paid by the municipality; the required newspaper advertising (two consecutive weeks) as well as any necessary translation of the advertisement and By -Law will have to be absorbed by the Heritage Division budget. It is anticipated that these costs will amount to approximately $1,700. RECOMMENDATION: Your City Manager recommends that Common Council schedule a public hearing date of Monday December 9th, 2013 at 6:30 p.m. in the Council Chambers to consider an amendment to the Saint John Heritage Conservation Areas By -Law, which would remove the Rectory building at 183 Duke Street West from the King Street West Conservation Area, and that the necessary advertising be authorized in this regard. 16 M & C — 2013 -225 -3 - October 8, 2013 Respectfully submitted, Amy Poffenroth, PEng., MBA Building Inspector Deputy Commissioner Jacqueline Hamilton, MCIP, RPP Growth and Community Services Department Commissioner Patrick Woods, CGA City Manager Attachment: Photos Attachment: By -Law Amendment 17 183 Duke Street West — St George's Rectory King Street West Conservation Area Current Photo Historical Photo BY -LAW NUMBER HC -1- A LAW TO AMEND THE SAINT JOHN HERITAGE CONSERVATION AREAS BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Saint John Heritage Conservation Areas By -law, enacted on the ninth day of October, A.D. 2007, is amended by: 1 Amending paragraph 2(1)(g) and Schedule "G ", King Street West Heritage Conservation Area, by removing from the heritage conservation area a parcel of land having an area of approximately 469 square metres, including buildings and structures thereon, located at 183 Duke Street West, also identified as being PID No. 00361543. 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. 2013 and signed by: MayorlMaire ARRETE No HC -1- ARRETE MODIFIANT L'ARRETE CONCERNANT LES AIRES DE CONSERVATION DU PATRIMOINE DE ,SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a d6cr6t6 ce qui suit : L'arr6td concernant les aires de conservation du patrimoine de Saint John, decrdt6 le neuf (9) octobre 2007, est modifid par. 1 La modification du paragraphe 2(1)(g) et de I'annexe «G», Aire de conservation du patrimoine de la rue King Ouest, par la suppression d'une parcelle de terrain d'une superficie d'environ 469 metres carr6s, comprenant les batiments et les constructions ]A- dessus, situ6e au 183, rue Duke Ouest, et portant le NID 00361543. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2013, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisi6me lecture 19 5,5 REPORT TO COMMON COUNCIL M & C — 2013 -221 October 15, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: City of Saint John SUBJECT: Potential Sale of Portion of City Owned Property Adjoining Civic #359 Eldersley Avenue BACKGROUND: The owner of civic 4359 Eldersley Avenue, Ms. Lisa MacLellan has approached the City regarding the possibility of acquiring a portion of land owned by the City of Saint John for the purpose of constructing a detached garage. Ms. MacLellan's property fronts onto a City owned property which the proponent possesses a right - of -way to access onto Eldersley Avenue. Although there is ample space for the proponent to construct an accessory building to the rear of her property, due to topographical challenges of the site, her desire is to have the garage situated between the dwelling and Eldersley Avenue. The City property is managed by the Saint John Water department. The City property measures approximately 20 metres (66 feet) in width and was acquired in or around the year of 1910. The wording involved in the title to this property is somewhat unclear where the 1910 document refers to the conveyance of a "right - of -way" which could imply the City was granted a right -of -way or was conveyed title to an old roadway. Staff has raised these concerns to the proponent. In light of the ambiguity to this title, the proponent still wishes to move forward with her request to acquire a portion of the City's land. ANALYSIS: Attached to this report is a sketch/preliminary plan showing a proposed garage and the land area required from the City property to accommodate the project. This plan was prepared by staff based on information received from the proponent in order to determine the land area required from the City parcel to accommodate the needs for the new building. The plan illustrates Parcel "A ", having an approximate area of 170 square metres (1,830 square feet) that is required to accommodate Ms. MacLellan's proposed garage. The additional land beyond the footprint of the garage is necessary in order to satisfy the standards of the City's Zoning and Building By -laws. 20 Report to Common Council Page 2 October 15, 2013 The City owned property, being in close proximity to the City's main potable water supply for East Saint John is managed by Saint John Water. Although the City property is not presently utilized, there is a possibility that in the future, this property could be used for the placement of additional water pipeline(s). The City Department has indicated they are agreeable to only selling that portion of land that is necessary to allow the proponent to build their garage as detailed on the plan. Saint John Water has indicated there should be sufficient width remaining in the City property to allow pipe(s) to be placed should that be necessary in the future. The City of Saint John's policy when it receives an unsolicited offer to purchase City owned land is for the purchaser to pay appraised value plus 10 per cent. In this situation, the area of land is relatively small and staff concluded the value for residential land in this area to be approximately $5.60 per square metre. This unit rate results in a market value of $951.00 for the area requested by the proponent. In addition, the purchaser will be required to provide to the City a plan of subdivision to sever the parcel to be conveyed. Ms. Lisa MacLellan, owner of civic #359 Eldersley Avenue has signed the attached Offer of Purchase and Sale which is before Council for their consideration in this matter. If Council is in agreement, the following recommendation will facilitate this land transaction. RECOMMENDATION: That the City of Saint John convey to Lisa Alice MacLellan for the sum of $951.00 plus HST (if applicable), its interest in a 170 square metre (1,830 square foot) parcel of land, being a portion of PID Number 55189708, also identified as Parcel "A" on the plan attached to this M & C #2013 -221, subject to the terms and conditions as set out in the Offer of Purchase and Sale attached to this M & C #2013 -221. Respectfully submitted, r urtis Langille, (Brian ving, BBA Real Estate Off r Real Esta Gregor mans, CGA, MBA a ick Woods, CC Comm s' nert Manager Finan e nd Administrative Services Attachments CL /c 21 Purchase and Sale differ Portion of City Property Adjacent to Eldersley Avenue The City of Saint John shall transfer to Lisa Alice MacLellan for the sum of $951.00 plus H.S.T. (if applicable), its interest in a 170 square metre (1,830 square foot) parcel of land, identified as being Parcel "A ", being a portion of PID Number 55189708, as generally shown on the attached sketch. As part of the transaction, Lisa Alice MacLellan at her expense will prepare the plan of subdivision required for conveyance purposes. A notation is to appear on the plan of subdivision stating that Parcel "A" is not to be conveyed as a separate building lot and that it will be consolidated with the property, identified as PID No. 335745. The purchaser, Lisa Alice MacLellan shall be responsible for her own legal fees and any registration and/or administration fees associated with the land transfer of Parcel "A„ This offer is subject to Common Council approval. I L'I 'Sc' �1'L.tL-If "ii owner of civic No. 359 Eldersley Avenue, also identified as being PID No. 335745 hereby accept the offer contained herein, Stjgnpfu e to / 1 Date 23 L OCT - 2 2013 f '25 m I U ro I I I I __ —I 24 v a r W 4- 5,(-1 REPORT TO COMMON COUNCIL M &C- 2013 -210 October 15, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Easement Acquisition for Municipal Sanitary Sewer Line Civic #236 Bridge Street rT City of Saint john Municipal Operations has identified a need to place a small section of sanitary sewer pipe along Bridge Street. Due to the proximity of an old subsurface bridge within this section of the public street, staff is seeking to locate the sewer pipe through private property. The option of crossing the bridge is not feasible as the elevation of the bridge deck structure is too high for the gravity sewer to get across. In order for the pipe to cross the bridge structure it would have to be removed and replaced with storm sewer piping at a rough estimated cost of $75,000 plus HST. This figure does not include any contingency, replacement of asphalt nor does it represent an in depth cost estimate. The attached easement sketch illustrates a proposed 48.5 square metre ± parcel of land which the City is seeking to acquire from the property owner at civic #236 Bridge Street. The owners of the subject property are in agreement with the proposed Offer of Purchase and Sale (see attached). The financial offer to the owners is slightly more than would normally be expected in the market; however the slightly inflated value is due in part to the overpayment for an easement by Enbridge Gas through the same property. However, the land value for the easement is significantly outweighed by the cost savings by not requiring to excavate through the street right-of-way. The following recommendation will secure the necessary easement over the subject property. RECOMMENDATION: That The City of Saint John acquire an Easement for Municipal Services in and through the land at civic 4236 Bridge Street, as per the attached Offer of Purchase and Sale, and as illustrated on the attached Easement Sketch, titled "Proposed Easement 236 Bridge Street "; and 25 M & C-2013-210 - 2 - October 15, 2013 2. Authorize the Mayor and Common Clerk to sign any document(s) necessary to finalize this transaction. Respectfully submitted, Curtis Langille, A �7�j B "n Irving, BBA Real Estate ©f er/f it u ll Manager Real Estate V A L-�'� -5 /Z Gregory o ans, CGA, MBA? trick Woods, CGA Com 's a er C1 y Manager Financ a d Administrative Services Attachment CL /c 26 as 4- U) as 70 AMML W N N V Q O �1- E N m W .0'ell I Is Pieunz) WE _47 LO M N CA 4 C Offer of Purchase and Safe 236 Bridge Street Re: Easement for Municipal Services. In consideration for the acquisition of a 48.5 square metre f easement for municipal services in a portion of PID number 373977, as generally shown on the attached plan, titled "Proposed Easement 236 Bridge Street ", The City of Saint John offers as payment and compensation, the sum of $1,000.00. As part of the transaction, The City of Saint John will: 1) prepare any plan of survey required to effect the conveyance; 2) reimburse the Vendor to a maximum of $500.00 plus HST (if applicable), for legal fees expended by the Vendor to finalize conveyance; 3) pay for registration and filing fees by Service New Brunswick, if applicable, for the plan and Grant of Easement; and 4) where applicable, reinstate the subject property to the same condition as existed prior to construction. In the event the Vendor's title is encumbered, the determination that any encumbrance exists is in the sole and absolute discretion of the Purchaser, the Vendor shall obtain from each encumbrance a Postponement, in registerable form, of such encumbrance to the Purchaser's easement provided, that the Purchaser shall reimburse the Vendor for all administration (including appraisal) fees required by each encumbrancer to give a Postponement. This offer is subject to Common Council approval. we I(en T 1�t(,h and `. s P,� t , J1 owners of civic #236 Bridge Street hereby accept the offer contained herein, r t Si attire Date Signature Da (e v BY -LAW NUMBER C.P. 106 -5 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: I Amending Schedule A — City Structure, by redesignating seven parcels of land having a total area of approximately 4.5 hectares, located at 59 -119 Commerce Drive, 1 -15 Consumers Drive and 130 -160 Mark Drive, also identified as being PID Nos. 55149777, 55151336, 55151310, 00437772, 00000004, 55200448 and 55200430, from Stable Area to Regional Retail Centre classification; 2 Amending Schedule B — Future Land Use, by redesignating the same parcesl of land from Stable Residential to Regional Retail Centre classification - all as shown on the plans attached hereto and forming part of this by -law. ARRETE N° C.P. 106-5 ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors dune reunion du conseil communal, The City of Saint John a 6dict6 ce qui suit: L'arret6 concernant le plan municipal de The City of Saint John d6cret6 le 30 janvier 2012 est modifi6 par : 1 la modification de 1'annexe A — Structure de la municipalitd, afin de faire passer la designation de sept parcelles de terrain dune superficie totale d'en -, iron 4,5 hectares, situ6e au 59 -119, promenade Commerce, 1 -15, promenade Consumers et 130 -160, promenade Mark, et portant les NID 55149777, 55151336, 55151310, 00437772, 00000004, 55200448 et 55200430, de secteur stable a centre regional de commerce de detail; 2 la modification de 1'annexe B — Utilisation future des sols, afin de faire passer la d6signation des parcelles de terrain prdcitdes de secteur residentiel stable A centre regional de commerce de detail; - toutes les modifications soot indiqu6es sur les plans ci joints et font partie du present arret6. IN WITNESS WHEREOF The City of EN F01 DE QU01, The City of Saint John Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2013 and signed by: Mayor a fait apposer son sceau communal sur le prdsent arret6 le 2013, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - September 30, 2013 Premiere lecture - Second Reading - September 30, 2013 Deuxieme lecture Third Reading - Troisi6me lecture 30 le 30 septembre 2013 le 30 septembre 2013 PLANNING AND DEVELOPMENT/ URBANISME ET DEVELOPPEMENT MUNICIPAL DEVELOPMENT PLAN / PLAN D'AMNAGEMENT Amending Schedule A Modifiant annexe A 3 3 s r C FROM DE TO IA Stable Area 1 Regional Retail Centre 1 secteur stable centre regional de commerce de detail Applicant: Harbary Holdings Inc. and City of Saint John Location: 59 -119 promenade Commerce Drive, 1 -15 promenade Consumers Drive & 130 -160 promenade Mark Drive PID(s)INIP(s): 55151336, 55149777, 55151310, 55200430, 55200448, 00000004 &00437772 Considered by P.A.C.Iconsidere par le C.C.U.: September 17 septembre, 2013. Enacted by Council /Approuve par le Conseil: Filed in Registry Office /Enregistre le: By -Law #IArrete # Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: October 3 octobre, 2013. 11 PLANNING AND DEVELOPMENT 1 URBANISME ET DEVELOPPEMENT MUNICIPAL DEVELOPMENT PLAN 1 PLAN D'AMENAGEMENT Amending Schedule B Modifiant annexe B 0 3 1� 'Is n s C FROM 1 DE TO 1 A Stable Residential 1 Regional Retail Centre 1 secteur residentiel stable centre regional de commerce de detail Applicant: Harbary Holdings Inc. and City of Saint John Location: 59-119 promenade Commerce Drive, 1 -15 promenade Consumers Drive & 130 -160 promenade Mark Drive PID(s)INIP(s): 55151336, 55149777, 55151310, 55200430, 55200448, 00000004 &00437772 Considered by P.A.C. /considers par le C.C.U.: September 17 septembre, 2013. Enacted by Council /Approuve par le Conseil: Filed in Registry Office /Enregistre le: By -Law #IArrete # Drawn By /Creee Par: David Couture Date Drawn /Carte Crsse: October 3 octobre, 2013. 3L BY -LAW NUMBER C.P. 110 -219 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 2693 square metres, located at 1666 Hickey Road, also identified as being a portion of PID No. 55198402, from "R -2" One and Two Family Residential to "IL -1" Neighbourhood Institutional pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. - all as shown on the plan 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. 2013 and signed by: Mayor/Maire ARRETE No C.P. 110-219 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune r6union du conseil communal, The City of Saint John a ddcrdtd cc qui suit : L'arrete sur le zonage de The City of Saint John, d6cr&6 1e dix-neuf (19) d6cembre 2005, est modifi6 par: 1 La modification de 1'annexe «A », Plan de nonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain d'une superficie d'environ 2 693 metres carr6s, situ6e au 1666, chcmin Hickey, et 6tant aussi une partie du N1D 55198402, de zone r6sidentielle — habitations unifamiliales et bifamiliales << R -2 >> A quartier a vocation collective << IL -1 >> conform6ment a une resolution adoptee par le conseil municipal en vcrtu de Particle 39 de la Loi sur 1'urbanisme. - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le prdsent arret6 le 2013, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - September 30, 2013 Premi6re lecture - le 30 septembre 2013 Second Reading - September 30, 2013 Deuxi6me lecture - le 30 septembre 2013 Third Reading - Troisieme lecture 33 GROWTH & DEVELOPMENT SERVICES SERVICES DE DEVELOPPEMENT ET DE CROISSANCE REZONING 1 REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John �J ay. Kappa Av. 00 LLLL] ,t c ch. Hickey Rd. 0 m 4 y K Urry%,Vook Tern Q-0cr0is. Oakhill Cr. FROM 1 DE TO 1 A R -2 IL-1 One And Two Family Kesidential 1 Neighbourhood Institutional 1 zone residentielle- habitations zone de quartier a vocation collectif unifamiliales et bifamiliales Pursuant to a Resolution under Section 39 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 39 de la Loi sur I'urbanisme Applicant: Tom Smith Location: 1666 chemin Hickey Road PID(s)INIP(s): Portion of/de 55198402 Considered by P.A.C.Iconsidere par le C.C.U.: September 17 septembre, 2013. Enacted by Council /Approuve par le Conseil: Filed in Registry Office /Enregistre le: By -Law #IArrete # Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: October 3 octobre, 2013. lilt SECTION 39 CONDITIONS -1666 HICKEY ROAD That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of a parcel of land with an area of approximately 2693 square metres, located at 1666 Hickey Road, also identified as that portion of PID Number 55198402 constituting proposed Lot 13 -2, with a group care facility be subject to the following conditions: a) The use of proposed Lot 13 -2 is restricted to a special care residence with a maximum capacity of 20 beds; b) There shall be no driveway or other vehicular access to the site onto Heather Way; c) The developer must remove existing concrete curb and sidewalk and replace them with new concrete dropped curb and sidewalk to provide access to the proposed lot, subject to the City's Chief Engineer or his designate; d) The developer must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with continuous cast -in -place concrete curbs where necessary to protect the landscaped areas and to facilitate proper drainage; e) The developer must provide adequate site drainage facilities in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer or his designate; f) The developer must provide all utilities underground from the existing overhead facilities; g) The site shall not be developed except in accordance with a detailed site plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, exterior building materials and finishes, landscaped areas, including location and types of planting materials and other site features; h) The approved plans mentioned in conditions (e) and (g) above must be attached to the application for building permit for the development; 1) All site improvements shown on the approved site plan and drainage plan, except for landscaping, must be completed prior to the occupancy of the facility; and the landscaping must be completed within one year of building permit approval. 35 SECTION 39 AMENDMENT -1666 HICKEY ROAD That Common Council amend the Section 39 conditions imposed on the April 12, 2010 rezoning of a parcel of land with an area of approximately 4050 square metres, located at 1666 Hickey Road, also identified as PID Number 55198402 by deleting all existing conditions and replacing them with the following: a) The use of proposed Lot 13 -1 is restricted to a one —or two — family dwelling, which may include the following secondary uses: • subject to Section 810 (3) of the Zoning By -law, a home occupation; a kindergarten, nursery or day care centre for not more than six children; subject to such terms and conditions as may be imposed by the Planning Advisory Committee, a kindergarten, nursery or day care centre for more than six children; b) There shall be no driveway or other vehicular access to the site onto Heather Way. 36 BY -LAW NUMBER M -23 A BY -LAW TO AMEND A BY -LAW RESPECTING THE STOPPING UP AND CLOSING OF HIGHWAYS IN THE CITY OF SAINT JOHN ARRETE No M -23 ARRETE MODIFIANT L'ARRETE SUR L'INTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DANS THE CITY OF SAINT JOHN Be it enacted by the Common Council of Lors d'une reunion du conseil communal, The City of Saint John as follows: The City of Saint John a ddcrete ce qui suit: 1 A by -law of The City of Saint John entitled, "A By -law Respecting The Stopping Up and Closing of Highways in The City of Saint John ", enacted on the nineteenth day of December, A.D. 2005, is hereby amended by adding thereto Section 235 immediately after Section 234 thereof, as follows: 235 The City of Saint John does hereby stop up and close permanently the following highway: SOUTH MARKET WHARF, WARD STREET AND PETERS WHARF : All those portions of South Market Wharf, Ward Street and Peters Wharf, public streets in the City of Saint John in the County of Saint John and Province of New Brunswick, as shown on a Plan of Survey titled, "Plan of Survey Showing Ward Street, Peters Wharf and South Market Wharf, City of Saint John, Saint John County, New Brunswick ", prepared by Hughes Surveys & Consultants Inc. and dated July 19, 2013 attached hereto. 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. 2013 and signed by: 1 Par lea prdsentes, 1'arretd de The City of Saint John intitule, a L'arretd sur 1'interruption de la circulation et la fermeture des routes dans The City of Saint John », decretd le 19 decembre 2005, est modifie par l'ajout de Particle 235 immediatement apres Particle 234, comme suit: 235 Par les presentes, The City of Saint John barre et ferme de fagon permanente la route suivante : QUAI SOUTH MARKET, RUE WARD ET QUAI PETERS: Tous les trongons,du quai South Market, de la rue Ward et du quai Peters, des rues publiques dans The City of Saint John, comtd de Saint John, dans la province du Nouveau - Brunswick, comme le montre le plan d'arpentage intitule << Plan d'arpentage indiquant la rue Ward, le quai Peters et le quai South Market, City of Saint John, comtd de Saint John, Nouveau - Brunswick », prepard par Hughes Surveys & Consultants Inc. et datd du 19 juillet 2013, ci joint. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le prdsent arrete le * ** * * ** 2013, avec les signatures suivantes : Mayor/Maire Common Clerk 1 Greffier communal First Reading - October 7, 2013 Premiere lecture - le 7 octobre 2013 Second Reading- October 7, 2013 Deuxieme lecture - le 7 octobre 2013 Third Reading - Troisieme lecture - 37 � 31w1a1A *` 40 +b ■q/ A FAM Nw 2=1794 Lot 2003- -1 7383 ao6 + m tj Olon &-Vill o� eve- Folp �i • lux WB--z °17" iF lnR1MO Mlrwp at rF•Min ub"o •rlyy rn■ f•On+r�■ vrrfr 4rwrr ■i wrr3 tnm d N, MAW 07 An aM Nw PA =: afrb IL JM Ma ELAutm or r. -w EAM,,*k 0Ow•o•xdhrAw4L Sk-m2 e xil" da FIT W I aW -M n 1Ti, 1 IN Cy of sow mm N. f. f4N a� [.Iwr rr■ ■e..r■r.r tt a 11wi'w 3m66, aeea7 ■ed 9:7l3. Oageb �NS�1�sq�p�.,u Mmm +) di...cTari�r.■ u .MORNP�+nwwu4ct�■ �rry i ! Cf as on w'. 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DoW V. ttdFtdlli i 3m OdJ Nn tM=Mft Lim RwFN.tlr/ iu Ili v �■�■k REPORT TO COMMON COUNCIL M &C- 2013 -222 October 15, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Public Release of the Draft Zoning Bylaw BACKGROUND: =9y City of Saint John Following the adoption of the City's new Municipal Plan, PlanSJ, in January of 2012, the Growth & Community Development Services has been drafting updated community development standards for inclusion in the new Draft Zoning By -law. This Zoning By -law update is required under the Community Planning Act, as the Zoning By -law must be brought into conformity with the new Municipal Plan. The Zoning By -law update will also facilitate the implementation of the Development Process Review being undertaken in the Growth & Community Development Services as well, another initiative supported by PlanSJ. This initiative is focused on advancing improvements to the City's development application processes and by -laws and will ensure clarity and predictability for the development industry. The Draft Zoning By -law is now ready for review and testing of the proposed community standards for development. The general trend in the By -law is to modernize the Saint John development standards, intentionally proposing to raise the bar across the City for all future investment and create a level playing field for all development. The new standards will also ensure that investments made in the future will leave behind the kind of development that all Saint Johners can be proud of. 39 M &C- 2013 -222 -2- October 8, 2013 SUMMARY The new Draft Zoning By -law proposes modernized community standards for development that implement the goals of PlanSJ. Community development standards address site details including landscaping, signage, building placement, coverage and height, as well as the range of appropriate uses that a development can have. The new Draft By -law proposes a balanced approach to moving Saint John forward, with standards that are progressive but consistent with our neighbouring urban centres and most importantly, are appropriate for our Saint John context. Given that development remains in our community for decades, even centuries, ensuring the new community standards for development leave a positive legacy for the community as a whole is important to moving the community forward. The new Draft Zoning By -law: ■ Aligns with PlanSJ, implementing new zones that correspond with the land use framework, targeting growth and investment within the Primary Development Area. ■ Creates more opportunities for intensification and higher density development in targeted areas, and provides more flexibility for a greater mix of housing types to meet the changing community needs. ■ Allows for more complete communities with a broader mix of land uses in neighbourhoods targeted for future growth and investment. ■ Modernizes community standards for development that utilize best practices and update the current Zoning By -law which is over 30 years old ■ Provides clear and consistent standards for development that are entrenched in the By -law, providing greater predictability and clarity for industry. ■ Streamlines the development approvals process and creates a fairer more transparent framework. ■ Becomes a more user - friendly document, intended to provide clarity, consistency and predictability. ■ Implements more flexible parking standards in intensification areas and a broader parking exemption area in the Uptown as incentives to development in these areas, and implementing key directions in PlanSJ to promote alternative modes of transportation. ■ Retains the character of existing rural residential areas and limits future residential expansion in order to ensure there are appropriate lands retained for rural uses. it M &C- 2013 -222 -3- October 8, 2013 COMMUNITY CONSULTATION This is the largest update of the Zoning By -law Saint John has seen in decades. This presents the opportunity to modernize the City's approach to managing land development moving forward. Given the importance of this community discussion, there is a large public and industry engagement program that is being launched. Beginning October 15th every household and business will receive a postcard in the mail inviting them to the public Open Houses that are taking place. Radio and newspaper advertisements will also begin at this time and the website www.saintjohn.ca/zoneg with all of the information about engagement opportunities and the new Draft Zoning By -law will be available. The website also contains a link to the interactive online map that allows Saint Johners to search by address and see the existing and proposed zone for their property. There is also several scheduled development industry and economic agency sessions in order to ensure these important stakeholders are well aware of the proposed changes and have the opportunity to actively engage in this discussion. PUBLIC OPEN HOUSES WARD 3: Wednesday October 30, 2013 5:30pm — 7:30pm, presentation at 6:00pm Boys & Girls Club 1 Paul Harris Street WARD 1: Tuesday November 5, 2013 5:30pm — 7:30pm, presentation at 6:00pm St. Mark's United Church 50 Dexter Drive WARD 2: Wednesday November 6, 2013 5:30pm — 7:30pm, presentation at 6:00pm Lorne Middle School 90 Newman Street WARD 4: Thursday November 7, 2013 5:30pm — 7:30pm, presentation at 6:00pm Simonds High School 1490 Hickey Road 41 M &C- 2013 -222 October 8, 2013 NEXT STEPS sE The Draft Zoning By -law is being released as a draft and Growth & Community Development Services will be actively working with the community including industry representatives, the Planning Advisory Committee and Common Council to ensure all concerns are heard and addressed through this process. This is a very important testing period of the proposed community standards as collectively these standards will set the bar for development moving forward. It is anticipated that there will be revisions to the standards once the community has had an opportunity to review them and provide their input into this process. There is an information booklet, A Guide to ZoneSJ that is available to anyone and everyone who engages in this process. Growth and Community Development Services will be accepting public comments on the draft Zoning By -law until Friday, November 29th and will return to Council in December or early January 2014, with a Report on Public Feedback and a recommendation for a final Zoning By -law. The final Zoning By -law would then go for translation and the formal public adoption process could begin in March or April of 2014. RECOMMENDATION: That Common Council receive and file this report. Respectfully submitted, Stacey Forfar, RPP, MCIP Deputy Commissioner Community Planning & Enrichment J. Patrick Woods, CGA City Manager Jacqueline Hamilton, RPP. MCIP Commissioner Growth & Community Development Services Attachments: Public Presentation, October 15, 2013 A Guide to ZoneSJ Draft Zoning By -law, City of Saint John 2013 SF M community standards moving forward with positive change the draft zoning by -law The City of Saint John October 15, 2013 iii �iir ii:'._•i�•' ,• 0 cam 43 the road PlanSj a new vision for Saint John a new blueprint for future development a new land use framework a new way of supporting investment jaiwrna,Q., 0 M i;w 4000" �0 ., the opportunities Zo n eSj improves our community standards clear, consistent and predictable streamlines approvals improved document for usability jan-W04G., 0 M i;w 4000" �� 45 the close Testing Period: proposed community standards proposed City zoning map Community Engagement Opportunities: four public open houses industry- focused review sessions Contact Us! www.sa i ntjoh n xa /zones] i;w %_61 1 4000" M-10 M- % Of U*_ the next steps public engagement period ends Friday November 29th return to Council in December /January with: report on the public feedback recommendation for community standards translation period over the winter formal by -law adoption process could begin by March /April 2014 jaiwrmea., 0 i;w %5 *1 MMMLLAIM_16i 4000" '00 ;l 47 join Us! ZotWsj Open H ©uses M 5:30 P - 7:30 PM. Presentation at 6:00 PM. ZoneSJ, Saint John's new draft Zoning By -law, establishes provisions Wednesday, Oct 30 Wednesday, November 6 and regulations for managing land use, including permitted uses and Ward 3* Ward 2 development standards. Boys & Girls Club, Lorne Middle School 1 Paul Harris St. 90 Newman Street The draft Zoning By -law will be presented at four Open Houses this October and November. As a home or property owner, apartment Tuesday, November 5 Thursday, November 7 dweller, or resident, come out and learn about the proposed chang- es. (Note that dates for each ward are not in exact sequence due to venue availability.) St. Mark's United Church Simonds High School 1 50 Dexter Drive 1490 Hickey Road For more information visit www.saintjohn.ca /zonesj or call 658 -2835. ■ one ■ ■ ■ ■ 0 Mae .• A GUIDE TO ZoneSi ■ m M ■ ■ No* ■ ■ ■ ■ OCTOBER 2013 1 •A -P&nS1 A NEW VISION FOR SAINT JOHN In late 2009, Council initiated the PIanSJ project - a two -year, community- focused public engagement process to create a new Municipal Plan for the City. The new Plan guides land use and development decisions across the City over the 25 year planning period. The previous Municipal Plan was nearly 40 years old and was based on ambitious growth assumptions that had not been realized. This had supported the development of a Saint John with low population density, disinvestment in core neighbourhoods, and municipal water and wastewater systems that were underutilized. The new Municipal Plan, known as PIanSJ, was adopted by Council in early 2012, after the completion of a two year, award winning public engagement program. PIanSJ presents a new direction for development and investment in Saint John and is based on the aspirations of Saint Johners to grow the City in a more compact and sustainable manner. This is a holistic Plan that integrates the principles of progressive urban planning with the unique needs and desires of Saint Johners. -&&WSJ A BLUEPRINT FOR THE FUTURE PIanSJ is a guide for development and investment in Saint John, one that ensures decisions by the City over the course of the 25 year planning period are made in the long term best interests of the whole community. It represents a fundamental shift in Saint John's future: one grounded in a more sustainable and compact pattern of growth for the City. It is a holistic plan which will shape how the City develops and delivers infrastructure and services to enrich the quality of life for its citizens. PIanSJ is about building a better future for all Saint Johners by: • Investing in neighbourhoods to strengthen and invigorate the City, • Providing support for neighbourhood -level planning in key areas to ensure ongoing local input in the land use decision - making process; • Creating a balanced transportation network to make public transit and active transportation more viable and desirable mobility options; and • Ensuring the people who invest in the City want to stay for the economic opportunities and the enviable quality of life. OGROWTH & COMMUNITY DEVELOPMENT SERVICES I plan ning @saintjohn.ca 1 (506) 658 -2835 50 Zondj •I Zone$ -P&WS1 THE LAND USE FRAMEWORK How a City physically organizes its land uses — ie. where residential, commercial and employment land uses are located - is fundamental to the quality of life it offers its citizens and the effective functioning of its local economy. The land use framework identified for Saint John in PIanSJ is intended to use land more efficiently and gain the most benefit for the community from future growth and development. It accomplishes this in a number a ways: • Limiting urban and rural sprawl by directing the majority of growth within the Primary Development Area, to maximize the municipal investments already made in infrastructure. • Creating a hierarchy of development with the highest intensity of uses in the Primary Centres and the lowest intensity in the Stable Areas and Rural Areas; • Directing the majority of new employment uses to Primary Centres and Employment Areas to promote economic prosperity; • Directing the majority of new housing to Primary, Local and Mixed Use Centres and Neighbourhood Intensification Areas; • Creating an integrated mix of land uses in Centres and appropriate parts of Neighbourhood Intensification Areas; • Recognizing the important role of urban design in creating high quality, attractive and functional development in the public and private realms; • Using Corridors to connect Employment Areas, Centres, Neighbourhood Intensification Areas, and Stable Areas; and • Protecting the rural landscape and natural areas by identifying areas outside the Primary Development Area as Rural Stable, Rural Settlement, Rural Resource, Rural Industrial and Park and Natural Areas. P& WS] GUIDING THE SAINT JOHN RENAISSANCE The Land Use policies in PIanSJ serve as the main regulatory guide for new development, informing Common Council, City staff, developers, business owners, homeowners, property owners, and all other community members on the appropriate location and standards for development. The successful implementation of PIanSJ will require collaboration and support from all sectors of the community. • It requires City leadership to make strategic investments to enhance the quality of life in Saint John's neighbourhoods. • It requires developers to bring forward excellent and innovative development projects. • Most importantly, it requires community partnerships and sustained engagement of the citizenry of Saint John to create the momentum of positive change needed to transform the City of Saint John. Why did Saint John Need a new Municipal Plan? PIanSJ was needed to build upon the City's many strengths and reverse past patterns of sprawling development. This allows the City to capitalize on the community benefits that accrue from more compact patterns of urban growth. The Plan is crucial to effectively address the issues and capture the opportunities currently facing Saint John: 1. DIVERSIFY THE LOCAL ECONOMY: Changing demographics, including an aging population, present the City with opportunities to attract and retain residents from within Canada and abroad. Diversifying the economy and supporting the creation of employment opportunities in emerging sectors will help to attract and retain young professionals and workers from across this country and abroad. Cultivating and supporting investment in education will also provide opportunities for existing residents and attract new ones, supporting the City as a more attractive destination for employers and employees. The City has a strong employment base in industrial and service sectors, and has opportunities to diversify the economy in health, research and information technology sectors, among others. Supporting continued investment in the knowledge and innovation clusters at UNBSJ and the Regional Hospital and in the Uptown will strengthen these anchors and create more economic opportunity in and around them. The creation of jobs in emerging sectors will attract residents to the City, while careful consideration of the location for new industrial employment uses will decrease the potential for future land use conflicts and support growth and investment in a diverse range of employment sectors. Z. STRATEGIC INTENSIFICATION TO SUPPORT SERVICE DELIVERY: With a geographic area of approximately 316 square kilometres and a population of only about 70,000 people, the City has a very low population density, which affects the ability of the City to efficiently deliver services and enhance the quality of life for residents. To ensure the anticipated population growth benefits the City, PIanSJ supports future development being concentrated in key areas of the City, inside the Primary Development Area. This approach increases the population density in strategic locations, which will reduce the cost of service delivery, support improved transit service and active transportation connections, and allow the City to make greater investments in the public realm for an enhanced quality of life. 3. MAXIMIZE EXISTING MUNICIPAL WATER AND WASTEWATER SYSTEMS: The City currently maintains and provides services, including garbage collection, snow plowing and emergency response to nearly 600 kilometres of municipal streets. Maximizing the density of development on existing roads, water and wastewater lines will decrease the cost of maintaining and upgrading these systems and allow for more of the City's budget to be targeted to providing services with a greater positive impact on the quality of life for Saint Johners. GROWTH & COMMUNITY DEVELOPMENT SERVICES I planning @saintjohn.ca 1 (506) 658 -2835 ® ® GROWTH & COMMUNITY DEVELOPMENT SERVICES I planning @saintjohn.ca 1 (506) 658 -2835 51 'I ZoneSj 4. SUPPORT RE- INVESTMENT IN OUR CORE NEIGHBOURHOODS: The City offers a wide range of housing and lifestyle choices in unique neighbourhoods; however, years of out - migration to suburban, rural and outlying areas have resulted in disinvestment in the core neighbourhoods. Between 2001 and 2006, 88% of the City's population loss came from the urban core, while 25% of residential growth that took place was dispersed throughout the rural areas in the form of rural sprawl. Continuing to support growth on the edges of the City has led to disinvestment and a declining population in the urban core, increasing the cost of providing municipal services. 5. CREATE CONNECTED AND COMPLETE COMMUNITIES: Many residential neighbourhoods are isolated from services and shopping, contributing to the challenge of maintaining and creating a series of connected, complete communities and unique places with a distinct neighbourhood character. Targeting growth in Intensification Areas, and permitting minor infill in Rural Settlement Areas, will support the revitalization of these neighbourhoods. C). ENRICH THE QUALITY OF LIFE FOR SAINT JOHNERS: At the heart of the Greater Saint John Region, the City is and will continue to be the hub for employment, arts, culture and heritage conservation. Supporting and expanding the City's rich architectural heritage and vibrant arts and cultural community will enrich the quality of life for the City's residents and enhance the attractiveness of the City as a tourist destination. Supporting a more compact development pattern in key areas in the City, instead of continuing to expand, will allow resources to be allocated to such endeavors that increase the quality of life for residents. 7. DIVERSIFY THE TRANSPORTATION NETWORK: Alternative transportation modes, including walking and cycling, can be difficult in Saint John, and it is inefficient and expensive to provide convenient and frequent public transit service throughout the large and dispersed geographic region. People with disabilities or without a car have trouble gaining access to jobs, services and amenities without an integrated public transportation network. A dense, compact urban form will enable more efficient and frequent transit service and promote opportunities for active transportation for all of the City's residents. S. LEAD THE WAY IN ENVIRONMENTAL SUSTAINABILITY: A wide array of natural areas, parks, surface water bodies and expansive waterfronts offer many opportunities for the City to be a leader in environmental sustainability. Limiting development in natural and rural areas and increasing the development density of the City will decrease our impact on the ecosystem. Enhancing urban parks, watersheds and waterfront areas will improve quality of life and have a positive impact on the City's natural systems. ®nest GROWTH & COMMUNITY DEVELOPMENT SERVICES I planning @saintjohn.ca 1 (506) 658 -2835 O r� Why is Land Use Planning important? STIMULATE AND SUPPORT ECONOMIC INVESTMENT Saint John is a major business centre in the Province of New Brunswick. The local economy is in large part fuelled by historic investments in the energy and advanced manufacturing sectors. The City is home to the largest petrochemical refinery on the east coast of North America, a liquefied natural gas receiving and regasification terminal, and has a land base that is rich in aggregate and other natural resources. Add to this Eastern Canada's largest port with a supporting network of interconnected rail and roadway infrastructure, capable of moving large volumes of goods and services into and out of Saint John and beyond, and we are well positioned for future economic growth in these important sectors. The City is also well - positioned to continue to further diversify the local economy by capitalizing on investments that support emerging knowledge -based sectors of our economy that will strengthen and support our traditional energy and advanced manufacturing base. A collaborative approach to fostering and nurturing innovation in a broad range of emerging industries is taking place in our own backyard: the University of New Brunswick Saint John, New Brunswick Community College, and the Regional Hospital, are creating partnerships with other institutions across the Maritimes to leverage investments and grow the medical, engineering, information technology and business sectors. Uptown Saint John is also home to a growing concentration of information technology experts that is gaining international attention for its ingenuity and skill in this rapidly evolving field. Education is the foundation for the future and provides young professionals with the skills and opportunities to succeed. With a diversifying economy in a range of sectors, Saint John will be able to attract and retain professionals in an array of knowledge -based industries to stay and invest here, supporting the diversification of our local economy and building these emerging economic sectors of the future. PROTECT OUR NEIGHBOURHOODS AND GROW THEIR POTENTIAL Smart land use planning is critical to creating a healthy, vibrant community that is free of land use conflicts that can result in disinvestment. The new draft Zoning By -law supports this vision for the future of Saint John and will move Saint John toward realizing its full potential. It supports the creation of complete neighbourhoods, where residents have easy access to everyday needs, employment opportunities, interconnected recreational opportunities and community facilities. The new draft Zoning By -law also supports the creation of appropriately clustered employment and shopping districts, where businesses are able to expand and invest when they need to, without interference from residential neighbourhoods concerned about potential impacts. And vice - versa: the new draft Zoning By -law also supports residential neighbourhoods from being negatively impacted by businesses looking to locate or expand where they should not. Good, strong land use planning sets the framework to minimize and eliminate over time, negative land use impacts. Logical, orderly land use patterns ensures growth in the assessment base across every land use category and creates vibrant and secure neighbourhoods where residents and businesses feel safe to live, work, play and most importantly, invest and stay for the long -term. The new draft Zoning By -law achieves this critical objective ensuring that every investment contributes to the community as a whole and does not create a conflicting land use that limits an entire neighbourhood's potential. This will create a vibrant City of Saint John, where people feel safe to invest in their largest assets — their homes and businesses. © GROWTH & COMMUNITY DEVELOPMENT SERVICES I plan ning @saintjohn.ca 1 (506) 658 -2835 Zones 52 SUSTAINABLY MANAGE SERVICE COSTS Saint John has an enormous land base, stretching an impressive 316 square kilometres in size. After decades of suburban growth pushed the edges of the City outward, we have ended up with too few people paying for the municipal services and infrastructure that we now have. Establishment of the Primary Development Area (PDA) in PIanSJ was the first step toward ending suburban sprawl. Implementing restrictions for future rural subdivision and making investments inside the Primary Development Area attractive to investors, by reducing land use conflicts and adopting development standards that act as incentives to investment, are the next steps needed to move PIanSJ forward. To support this, the draft Zoning By -law specifically targets Intensification Areas inside the PDA to make investment in these areas of Saint John attractive. It has also consolidated industrial Zoning to industrial areas within the City. This will stimulate and support the right mix of compatible land uses where we need it— inside our Primary Development Area — and ensure more people utilize existing municipal infrastructure and service investments, ultimately reducing the financial burden for all individual Saint Johners. PROPER ENVIRONMENTAL STEWARDSHIP Land use planning also enables the City to engage in leading environmental management practices. PIanSJ calls for responsible, "smart" growth that not only organizes commercial, industrial and residential land uses in sensible patterns across the City that are complementary to one another, it also advances our collective performance in managing our natural assets in a sustainable fashion. The Plan calls for a more compact pattern of growth in the urban area, which will encourage public transit and active modes of transportation. This will preserve our sensitive environmental areas and allow us to do our part to sustain the larger ecosystem in which we live. SO WHAT EXACTLY IS A ZONING BY -LAW? Zoning By -law: the roadmap for future development The new draft Zoning By -law establishes community standards for development that implement the policies for future growth and development in PIanSJ, allowing the PIanSJ vision to take shape over time. The Zoning By -law is the primary tool that implements PIanSJ. It does this by applying a specific zone to each and every property which contains permitted uses and development standards, detailing what uses can take place on a property as well as the manner in which a site must be developed. The zone corresponds with the land use designation found in PIanSJ, but provides the level of detail required to control development. Provincial legislation requires that a Municipality's Zoning By -law conforms to the Municipal Plan. The draft Zoning By -law strikes a balance between where we are today and where we are trying to get to in the future. It provides clarity, certainty, and predictability for all landowners by ensuring clear standards for development and allows extensive mixing of permitted land uses, where appropriate, to facilitate investment and protect stable neighbourhoods. At its core, the By -law provides clear direction on how to manage community change going forward. The new draft Zoning By -law will ensure that the community expectations for growth and development identified in PIanSJ will be implemented, one development at a time. The Zoning By -law contains specific site development requirements that are legally enforceable. In general, any new development that does not comply with the Zoning By -law is not allowed without seeking approval through an application to change the zone or an application to amend a standard, if it is permitted. WHY DOES SAINT JOHN NEED ONE OF THESE BY -LAWS? Zoning By -law: implementing PIanSJ A Zoning By -law implements the objectives and policies of the Municipal Plan (PIanSJ) and provides a legal way of managing land use and future development across the City. Most importantly, and fundamental to the evolution of a great City where people feel safe to invest, is that it protects all land owners from incompatible land uses locating in their neighbourhood. Zoning is the primary tool that municipalities use to organize the vast range of land uses in their city. The Zoning By -law protects land owners from the detrimental effects of inappropriate land uses locating adjacent to them. This protects all land owner investments — the ones they make today and those they wish to make in the future. This applies to all land uses from residential and commercial to industrial. The draft Zoning By -law also contains an expanded and very extensive list of definitions to ensure clarity, consistency and predictability in how the Zoning By -law is interpreted and applied. All permitted uses are defined as well as a range of terms that apply to the By -law's implementation, making the new draft Zoning By -law clear, concise, and complete. ZoneSj GROWTH St COMMUNITY DEVELOPMENT SERVICES I planning @saintjohn.ca I (506) 658 -2835 O O GROWTH :x COMMUNITY DEVELOPMENT SERVICES I planning @saintjohn.ca I (506) 658 -2835 ZoneSj 53 �I WHY SHOULD I BE AWARE OF THE NEW ZONING BY -LAW? Since the Zoning By -law defines the manner in which land can be used, if you own property, it has a zone. It is therefore in your best interest to be aware of the uses and standards that apply to that zone. The new Zoning By -law has been drafted with potential users of the document in mind. The zones have been carefully crafted to ensure their intent is clearly linked with the land use designation found in PIanSJ and that the site development standards are consistent and fair. The Zoning By -law also clearly distinguishes between urban and rural areas of the City by setting different standards for site development and different permitted uses that are reflective of these differing neighbourhoods. The proposed draft By -law is not retroactive, meaning it does not require existing developed sites to adhere to the new standards. The new By -law will have implications if you own property and are considering re- developing it, expanding an existing use, or building something new, as any new development or major re- development of a site will require compliance with the Zoning standards and permitted uses that are in place at the time of your application. WHAT IF MY EXISTING DEVELOPMENT DOES NOT MEET THE NEW ZONE STANDARDS? Zoning By -law standards change over -time, but buildings remain for decades, even centuries. The Zoning By -law is designed to account for existing buildings and includes exceptions for them. If you are looking to expand or re- develop a site entirely, the new standards including setbacks and height, will only apply to what is being newly built. In many cases, the new standards in the Zoning By -law are more permissive than the old, allowing buildings to locate closer to the street and utilize more area on a site. If you have concerns about how the By -law impacts your particular property, please don't hesitate to ask us. WHAT IF MY USE IS NO LONGER PERMITTED? The new draft Zoning By -law has a greater impact for existing land uses. Given the long history of particularly industrial land uses in Saint John, there may be instances where a property has been placed in a zone that no longer permits the use that is there today. There are two ways in which these are addressed in the new Draft Zoning by -law: 1. Legal Non - Conforming: If the use on your property today was legally established in the past but is no longer permitted under the new zone, your use now becomes legal non - conforming. This means that the use can continue to operate into the future, as long as: • The use does not cease to operate on the property for more than 10 consecutive months otherwise it cannot re -start again without approval from the Planning Advisory Committee. • The building the use takes place in is not damaged by fire that exceeds 50% of the structure otherwise the building cannot cannot be repaired or restored to permit the use to continue, without approval being granted by the Planning Advisory Committee. If your use was not legally established, it would continue to be illegal under the new By -law. ry Zondj GROWTH St COMMUNITY DEVELOPMENT SERVICES I planning @saintjohn.ca I (506) 658 -2835 Q 54 There are a very small number of properties relative to all of the properties in Saint John that will have legal non- conforming status after the Zoning By -law is approved. All property owners are responsible for ensuring they understand the implications of the new Zoning on their property and City staff from the Growth & Community Development Services urges you to contact them if you have any questions or concerns. 2. List of Exceptions: There are a number of properties that have been granted an exemption from the Zoning By -law, based on two criteria: i. There are some smaller properties in the Rural Areas that have legally existing industrial uses which have been granted an exception to the draft Zoning By -law. This is intended to recognize legally established, long- standing industrial uses, established before the passing of the 1973 Municipal Plan, that are located in areas where industrial land uses are not intended to be located over the long -term. As these uses cease in the future, the property will be able to transition to a permitted use that is listed in the zone that applies today. ii. PIanSJ also grants special provision for major existing development, where significant investment has been made. What this means is that where there is a large existing development that has an active use that is incompatible with the Plan, the use can remain as a permitted use, despite the land use designation. These are very few in number, as the intent is for these uses to all transition to appropriate uses over time. WHY WOULD MY USE NO LONGER BE PERMITTED ON MY PROPERTY? The intent of making a use on a property legal non - conforming is to ensure the eventual re- location of that use to an appropriate area within Saint John. By doing this, the City protects the neighbourhood in which the use is currently located in, from the negative impacts of that land use. This is a critical step toward the successful implementation of PIanSJ, which embodies the community vision for Saint John — one that reduces and over time eliminates land use conflicts across the City. The challenge is that without re- zoning these properties to make the use legal non - conforming, it is impossible to remove the land use over time, unless the land use willfully locates to a more appropriate area. This also means that, as with the use, the negative impacts that may occur on adjoining properties or the larger community will continue to exist. Legal non - conforming status is the only way to ensure that the use will eventually re- locate to an appropriate area. We urge you to discuss any concerns you may have with us at the earliest opportunity during this testing period of the new draft Zoning Bylaw. MY PROPERTY HAS SECTION 39 CONDITIONS — WHAT HAPPENS TO THESE? If your property is subject to existing Section 39 conditions, those conditions remain in force and effect, regardless of the new zone. Once the new Zoning By -law has been adopted by Council, staff from Growth & Community Development Service will begin a review of all properties with Section 39 conditions to determine if any or all of the conditions can be removed. This is particularly important to reduce barriers for re- development and stimulate investment in Saint John. OGROWTH & COMMUNITY DEVELOPMENT SERVICES I planning@saintjohn.ca 1 (506) 658 -2835 ZoneSj ko .I How will the New Zoning By -law Streamline the Development Application Process? PLANNING ADVISORY COMMITTEE REVIEW Conditional Uses The new draft Zoning By -law sets community standards for development. As such, it also provides an opportunity to streamline some of the current development application processes by including common community standards that are often required as conditions of a public application process. One of the Planning Advisory Committee's responsibilities is to provide, where necessary, conditions for conditional use requests. As with many conditional uses, the same set of community standards is often applied through this application process, such as enhanced landscaping requirements for surface parking lots. The new draft Zoning By- law presented the opportunity to review those common community standards and include them as the new community standard in the By -law. This means a reduction in conditional uses and a reduction in application processing time for applicants. Most importantly, it means everyone gets treated the same when it comes to site development standards in Saint John, as the By -law sets the community standard for development. Variances The Planning Advisory Committee is also charged with the responsibility to consider variances to development standards in the Bylaw. Given that the new draft Zoning By -law reflects the new community standards for development, updated and more progressive than the old standards, applicants seeking a variance will be required to have a very good reason for their request. Consideration of variances will be held to a higher test as it is asking for an exemption from the new modernized community standard in the new draft By -law. This will be an important role for the Planning Advisory Committee going forward and will support compliance with the new community standard for development. It will also allow for an opportunity to truly test the community standards entrenched in the new draft By -law and initiate changes to those community standards when they are needed. Similar Uses I Compatible Uses I Secondary Uses The new draft Zoning By -law supports a balanced approach to land use that is based on managing the impacts of related land uses, not so much every single potential use. To achieve this, there is a more progressive approach to uses in the draft Zoning By -law. Instead of trying to determine all of the potential land uses that Saint John may host in the future, broader definitions that describe clusters of similar land uses with similar land use impacts have been utilized in most zones. This is particularly noticeable in the industrial and commercial sections of the draft Bylaw. The definitions of the permitted uses provide the clarity in terms of what exactly is permitted as part of that use. This approach will ensure that land uses with similar land use impacts can be accommodated without the need to seek permissions through a public land use planning application process. Secondary uses such as Bed and Breakfast, secondary suite or a home occupation, still require a change -in -use permit however they are now listed as permitted as long as the applicant can meet the standards of development for the use. SJGROWTH & COMMUNITY DEVELOPMENT SERVICES I planning @saintjohn.ca 1 (506) 658 -2835 Development Application Process In 2013, the Growth and Community Development Service assembled a Project Team ( "the Team "), comprised of staff from Building and Technical Services, Infrastructure Development and Planning, to undertake a review of the current development approval process. The intent was to develop a One - Stop -Shop model for future land use planning applications. The mandate of the Team is broad however at its core, the Team is to review the existing development application process, both the policies and practices that guide it and the technical by -laws that mandate development requirements, and identify where improvements need to be made and what technical by -law's need to be updated or all together created. A large part of the Teams approach includes working with the real stakeholders in this industry, including the development industry, Planning Advisory Committee, and staff. The intent is to learn from them where there are challenges with both of these areas: the existing application process and the existing set of by -laws and rules in which applications are processed within. From here, the Team can then work toward crafting a more efficient and effective review process and draft and implement new and updated by -laws in order to develop an integrated approach to development here in Saint John. Indeed, develop a process that ultimately meets the needs of applicants and makes for a logical and streamlined review process for all involved. The new draft Zoning By -law is a substantial technical piece of this puzzle, and a critical By -law to begin to truly implement PlanSJ. Going forward, further By -law updates and process review changes will be proposed as part of this multi -year effort to modernize the Saint John development process. This will ultimately lead to a more transparent, efficient and meaningful development approval process for all involved. �p GROWTH & COMMUNITY DEVELOPMENT SERVICES I plan ning@saintjohn.ca 1 (506) 658 -2835 ZoneSj 55 So what are the New Community Standards Proposed in this Draft Zoning By- law... ? THE GENERAL PROVISIONS: Zoning for All The first sections of the Zoning By -law are administrative in nature and then it gets into the General Provisions - the meat - and - potatoes of the whole document. These are community standards that apply to all land uses in the City and include a wide range of site development standards including landscaping, parking and signage, secondary uses and accessory buildings and structures. This part of the By -law is broken down into nine sections for ease of reference: Section 1 -3 - How the By -law Works: These Sections are administrative in nature and explain to the user how the By -law works, who has authority for what, and most importantly, they provide a newly expanded list of definitions for a range of terms and land uses that appear throughout the By -law. Section 4 - Access, Parking St Loading: This Section describes the requirements surrounding access roads and off - street parking spaces as they relate to a specific land use. This Section also outlines the updated o� community standards for parking lots and parking exemption areas, and introduces entirely new standards for drive - thru's and bicycle parking. There is also a new prohibition for the Uptown area that eliminates the ability of a property owner to create a surface parking lot after a building has been demolished. Section S - Accessory Buildings St Structures: This Section describes the requirements for baby R barns, storage sheds, fencing and other structures that may be built on a property as part of a development. There kl are new standards for garbage enclosures and enhanced standards for swimming pools. Section 6 - Landscaping & Amenity Space: This Section describes the enhanced provisions for landscaping that require tree and shrub plantings for certain types of developments, and a new approach to amenity space - areas such as decks and patios - which provides more flexibility to developers while providing real, useable amenity space to future residents. W WHERE WE LIVE Z Residential zones are applied to the vast majority of properties in Saint John. After all, it is the people living 0 N in a city who make it work. For the most part, a greater range of housing will now be permitted throughout LU the City including townhouses, semi - detached and apartment style units, as well as our essential one and 2 1-- two -unit homes. As a resident, you can also do more with your home now including a greater range of home occupations, the potential for adding a secondary suite to support affordable home ownership and greater flexibility with where you can place accessory buildings and structures such as decks and baby barns. Q OUR URBAN NEIGHBOURHOODS w Q These zones generally take in residential areas within the Uptown, Old North End, and Lower -West neighbourhoods where the highest concentration of residential land uses in the City exists. These urban Z neighbourhoods have a variety of housing choices such as townhouses, apartments and condominiums, w which will flourish under the new contextual zone standards that strongly support positive urban design, reinforcing the features that make these areas so unique. OJ Urban Centre Residential Zone (RC) High -Rise Residential Zone (RH) w p OUR SUBURBAN NEIGHBOURHOODS >_ Moving away from the urban centres, there is a greater range of housing choice available in a more suburban Q setting. The zones found in these areas accommodate medium - sized, multi -unit developments, along with 2 lower density forms of housing, providing opportunity for more mixed residential neighbourhoods. 0- Mid -Rise Residential (RM) Low -Rise Residential (RL) Two Unit Residential (1112) One Unit Residential (11111) Suburban Residential (RSS) Mini -Home Park Zone (RP) DO MORE WITH YOUR HOME There are also improved provisions for Daycares, Home Occupations and Supportive Housing for our seniors and those with specialized needs, as well as better regulation governing the Conversion of larger, older homes into apartments. If you own a single - family home, you may also be able to convert a portion of your home into a Secondary Suite, supporting in- family living and making home ownership more affordable. The new By -law also allows for Community Gardening and the Keeping of Chickens in your backyard. OUR RURAL NEIGHBOURHOODS Q Once outside the PDA, Saint Johners seeking a rural lifestyle have the opportunity to live in an existing rural settlement area or venture into a larger -lot rural property. Both the rural zones have been developed to support a rural lifestyle. Rural Residential Zone (RR) Rural Settlement Zone (RS) ® GROWTH & COMMUNITY DEVELOPMENT SERVICES I planning@saintjohn.ca 1 (506) 658 -2835 ZoneSI Section 7 - Signage: This section outlines the community standard for signage on private property and includes a detailed list of the types of signage and how much signage is in each the zone. s per property permitted The language in this Section has been modernized to make the requirements and sign type much clearer for everyone, and includes images to more effectively illustrate each type of signage discussed in the Section. Section 8 - Other Standards: This Section is a catch -all for a range of other standards such as lighting, non - conforming uses, structure and building projections and streets and servicing. It allows things like awnings, goo decks and fire escapes to now project into required yards without a variance, and acknowledges undersized lots and existing development that may not adhere to the by -law standards. This section also introduces a new provision that prohibits the use of vehicle bodies, such as trailers and sea containers, to be used as a building or structure. Section 9 - Uses Permitted in Multiple Zones: The last Section speaks to additional uses. Some land uses are permitted in all zones, such as trails, walkways, and stormwater management facilities, and other „i uses which are secondary in nature, such as secondary suites, home occupations, and home daycares. This section also speaks to other uses that may be permitted in certain zones, including the keeping of chickens, and introduces new standards to permit limited tree cutting within the Primary Development Area, to prevent large -scale clear - cutting without an approval. � ZoneSj GROWTH bt COMMUNITY DEVELOPMENT SERVICES I planning @saintjohn.ca 1 (506) 658 -2835 W WHERE WE LIVE Z Residential zones are applied to the vast majority of properties in Saint John. After all, it is the people living 0 N in a city who make it work. For the most part, a greater range of housing will now be permitted throughout LU the City including townhouses, semi - detached and apartment style units, as well as our essential one and 2 1-- two -unit homes. As a resident, you can also do more with your home now including a greater range of home occupations, the potential for adding a secondary suite to support affordable home ownership and greater flexibility with where you can place accessory buildings and structures such as decks and baby barns. Q OUR URBAN NEIGHBOURHOODS w Q These zones generally take in residential areas within the Uptown, Old North End, and Lower -West neighbourhoods where the highest concentration of residential land uses in the City exists. These urban Z neighbourhoods have a variety of housing choices such as townhouses, apartments and condominiums, w which will flourish under the new contextual zone standards that strongly support positive urban design, reinforcing the features that make these areas so unique. OJ Urban Centre Residential Zone (RC) High -Rise Residential Zone (RH) w p OUR SUBURBAN NEIGHBOURHOODS >_ Moving away from the urban centres, there is a greater range of housing choice available in a more suburban Q setting. The zones found in these areas accommodate medium - sized, multi -unit developments, along with 2 lower density forms of housing, providing opportunity for more mixed residential neighbourhoods. 0- Mid -Rise Residential (RM) Low -Rise Residential (RL) Two Unit Residential (1112) One Unit Residential (11111) Suburban Residential (RSS) Mini -Home Park Zone (RP) DO MORE WITH YOUR HOME There are also improved provisions for Daycares, Home Occupations and Supportive Housing for our seniors and those with specialized needs, as well as better regulation governing the Conversion of larger, older homes into apartments. If you own a single - family home, you may also be able to convert a portion of your home into a Secondary Suite, supporting in- family living and making home ownership more affordable. The new By -law also allows for Community Gardening and the Keeping of Chickens in your backyard. OUR RURAL NEIGHBOURHOODS Q Once outside the PDA, Saint Johners seeking a rural lifestyle have the opportunity to live in an existing rural settlement area or venture into a larger -lot rural property. Both the rural zones have been developed to support a rural lifestyle. Rural Residential Zone (RR) Rural Settlement Zone (RS) ® GROWTH & COMMUNITY DEVELOPMENT SERVICES I planning@saintjohn.ca 1 (506) 658 -2835 ZoneSI --q" 0 V) WHERE WE SHOP AND WORK Z Commercial areas are the places we buy goods and services, enjoy entertainment and events, and they O . N also support some of the largest concentrations and greatest range of diverse employment opportunities "' in the City. These are busy service areas that support large volumes of people as well as vehicular traffic 2 moving goods and services into and out of Saint John. The high degree of activity in these areas makes them important hubs of activity for a range of commercial uses, including the places where many Saint Johners find gainful employment. These areas are typically inside the Primary Development Area, concentrated in the primary centres, business centres, service corridors, and large retail areas. Having these uses concentrated in key areas protects residential neighbourhoods from the high impact nature of these land uses. ,Q BUSINESS DISTRICTS Our Uptown and surrounding areas are the laces where the most intense and greatest mix of land uses Q p 9 p 9 H anywhere in the City can be found. Urban standards combined with a wide range of land uses provide a Z w O J W w Q high degree of flexibility for land owners and ensure a compact built form will continue here in the future. Uptown Commercial (CU) Mixed Commercial (CM) Waterfront Commercial (CW) HEALTH, EDUCATION & EMPLOYMENT NETWORKS Our University and Hospital district as well as our Business Parks provide knowledge clusters and critical employment areas, concentrated in key areas of the City. Suburban standards allow for the development of campus environments with a wide range of compatible uses to support these employment centres as they evolve in the future. Campus Research Commercial (CRC) Business Park Commercial (CBP) EVERYDAY SHOPPING Our primary retail shopping districts can be found in the McAllister Regional Retail Centre and the Fairville Boulevard Regional Retail Centre, while the auto - centric Commercial Corridor is focused on Rothesay Avenue. Standards for these areas support the development of retail and highway commercial uses, with very limited light industrial uses. Commercial Corridor (CC) Regional Commercial (CR) General Commercial (CG) Local Commercial (CL) Q THE RURAL CONVENIENCES V) WHERE WE WORK Z Industrial land uses are a significant part of Saint John's past and its future. We are a community that has O N grown and prospered from major industrial investment in processing, manufacturing, and resource extraction, = and we want to ensure this industry's long -term viability. We benefit from a safe and globally strategic location on the shores of the Bay of Fundy with a vast network of water, rail and highway infrastructure linking our goods and services to the rest of the world. To protect, support and foster industrial investment into the future, we must ensure those with the greatest land use impacts are located appropriate distances from our urban areas. THE HEAVY WEIGHTS LU Saint John is home to a number of true heavy industrial operations, including petrochemical refining Q operations, a liquefied natural gas receiving and regasification terminal, pulp and paper mills and an active Z port in the heart of our City. These industrial investments are an integral part of the economic backbone 7 of our community and a critical identifier of our shared Saint John experience. On the cusp of becoming 0- an energy powerhouse, Saint John needs to ensure that future investments of this magnitude remain a safe 0 distance from urbanized areas. This will ensure these land uses can expand when required without interference LU from residential neighbourhoods and vice - versa, that residential neighbourhoods are protected from the w impacts of these heavy land uses. The heavy industrial zones accommodate those industrial operations that are truly heavy, which are typically Q associated with land use impacts that are obnoxious, volatile and otherwise incompatible with urban land uses. As such, future heavy industrial land uses must be carefully located so they do not interfere with the safety, use, amenity or enjoyment of any surrounding urban zone. Heavy Industrial (IH) General Industrial (IG) Q Utility Service Landfill: (USL) Pit bt Quarry (PQ) w Transportation (T) Q J Q THE LIGHTER WEIGHTS Z) The lighter industrial zones, Light Industrial (IL) and Utility bt Service (US), generally accommodate industrial development that operates in such a manner that no nuisance factor is created or apparent outside of an enclosed building. Limited outdoor activities, including loading, service, and storage areas, that are accessory to a principal use, may occur provided the scale of such activities does not unduly conflict with the primary purpose of the zone or dominate the use of the site. Light Industrial (IL) Utility bt Service Landfill (USL) 4) ® GROWTH & COMMUNITY DEVELOPMENT SERVICES I planning @saintjohn.ca 1 (506) 658 -2835 57 Zone w Q Rural areas are supported with local commercial uses for rural residents to acquire everyday needs. Standards . __J support and enhance rural areas and uses are scoped to create small -scale commercial nodes, where appropriate. Rural General Commercial (CRG) ZoneSj GROWTH & COMMUNITY DEVELOPMENT SERVICES I planning @saintjohn.ca 1 (506) 658 -2835 V) WHERE WE WORK Z Industrial land uses are a significant part of Saint John's past and its future. We are a community that has O N grown and prospered from major industrial investment in processing, manufacturing, and resource extraction, = and we want to ensure this industry's long -term viability. We benefit from a safe and globally strategic location on the shores of the Bay of Fundy with a vast network of water, rail and highway infrastructure linking our goods and services to the rest of the world. To protect, support and foster industrial investment into the future, we must ensure those with the greatest land use impacts are located appropriate distances from our urban areas. THE HEAVY WEIGHTS LU Saint John is home to a number of true heavy industrial operations, including petrochemical refining Q operations, a liquefied natural gas receiving and regasification terminal, pulp and paper mills and an active Z port in the heart of our City. These industrial investments are an integral part of the economic backbone 7 of our community and a critical identifier of our shared Saint John experience. On the cusp of becoming 0- an energy powerhouse, Saint John needs to ensure that future investments of this magnitude remain a safe 0 distance from urbanized areas. This will ensure these land uses can expand when required without interference LU from residential neighbourhoods and vice - versa, that residential neighbourhoods are protected from the w impacts of these heavy land uses. The heavy industrial zones accommodate those industrial operations that are truly heavy, which are typically Q associated with land use impacts that are obnoxious, volatile and otherwise incompatible with urban land uses. As such, future heavy industrial land uses must be carefully located so they do not interfere with the safety, use, amenity or enjoyment of any surrounding urban zone. Heavy Industrial (IH) General Industrial (IG) Q Utility Service Landfill: (USL) Pit bt Quarry (PQ) w Transportation (T) Q J Q THE LIGHTER WEIGHTS Z) The lighter industrial zones, Light Industrial (IL) and Utility bt Service (US), generally accommodate industrial development that operates in such a manner that no nuisance factor is created or apparent outside of an enclosed building. Limited outdoor activities, including loading, service, and storage areas, that are accessory to a principal use, may occur provided the scale of such activities does not unduly conflict with the primary purpose of the zone or dominate the use of the site. Light Industrial (IL) Utility bt Service Landfill (USL) 4) ® GROWTH & COMMUNITY DEVELOPMENT SERVICES I planning @saintjohn.ca 1 (506) 658 -2835 57 Zone Section 13: COMMUNITY FACILITY St Section 14: OTHER Zones L4D w WHERE WE LEARN, PLAY, GATHER AND PROTECT OUR NATURAL ASSETS Z These zones are designed for land uses that play a critical role in providing the spaces in our community O N where Saint Johners are able to generate a greater sense of place and wellbeing. These areas include large LU community facilities such as health centres and correctional facilities, as well as the smaller community spaces including arenas, community centres and schools. Our recreational facilities and parklands are also protected with these zones, as are the areas that recharge our drinking water sources. The Rural zone captures large parts of Saint John outside the Primary Development Area and works to strengthen these areas by protecting their rural character. ,Q COMMUNITY FACILITY ZONES QThe Neighbourhood Community Facility (CFN) zone accommodates a limited range of community- oriented facilities, including arenas, community centres, elementary schools and recreational facilities that are complementary to surrounding residential neighbourhoods. The Major Community Facility zone (CFM) accommodates a range of large -scale community uses that typically provide services to the broader population, including hospitals, correctional facilities, major recreational facilities and rehabilitation centres. Community Q Facility zones are intended to be located anywhere in the City that is deemed appropriate. w °C Neighbourhood Community Facility (CFN) Major Community Facility (CFM) a H Z OTHER ZONES w The collection of Other Zones includes the Park zone, intended to protect areas for Saint Johners to enjoy c active and passive recreation, as well as the Environmental Protection zone, applied generally to City-owned O J land that covers the watersheds where drinking water is drawn from. This collection of zones also includes w > Integrated Development and Future Development, both of which are intended to hold land until such time "J as a proposal for development can be reviewed b Common Council for suitability. Lastly the Rural zone p p P p Y tY• Y captures large parts of Saint John outside of the Primary Development Area and is intended to strengthen °C the rural areas by ensuring their long -term viability. a Park (P) Environmental Protection (EP) °C Integrated Development (ID) Future Development (FD) Rural (RU) Zones GROWTH & COMMUNITY DEVELOPMENT SERVICES I planningesaintjohn.ca 1 (506) 658 -2835 0 VIA What are the Next Steps in the Zoning By -law Review Process? TESTING PERIOD FOR THE DRAFT ZONING BY -LAW: This fall is a testing period for the Draft By -law. It is not going before Council for adoption. The testing period will involve a broad range of public, industry specific and agency specific reviews, as well as third party professional planning reviews of the proposed community standards. Once this testing period of the By -law has been completed, staff from Growth and Community Development will report back to the community through Council with what was heard, what recommendations for changes are being made, and why. The Growth & Community Development Service is asking for final comments to be submitted no later than Friday November 29, 2013 in order to facilitate a timely turn - around and report back to Council on what has been heard about the new draft Zoning By -law. This is an important moment for Saint John. We have PIanSJ to set the guiding course, now we need the Zoning By -law to legally adopt our community expectations for development in Saint John. It is important to get this By- law right — so please engage in this process and let us know what you think. Public Open Houses: We invite Council and residents of Saint John to attend any one of the four public Open Houses, meet staff from the Growth & Community Development Service and learn about what the draft By -Law changes are and how they may affect your property. An invitation to these events has been mailed out to all households and businesses in Saint John, as well as notice in the local newspapers and radio advertisements to get the word out about these upcoming opportunities. WARD 3: Wednesday October 30, 2013 5:30pm — 7:30pm Boys & Girls Club 1 Paul Harris Street WARD I: Tuesday November 5, 2013 5:30pm — 7:30pm St. Mark's United Church 50 Dexter Drive WARD 2: Wednesday November 6, 2013 5:30pm — 7:30pm Lorne Middle School 90 Newman Street WARD 4: Thursday November 7, 2013 5:30pm - 7:30pm Simonds High School 1490 Hickey Road (011 GROWTH & COMMUNITY DEVELOPMENT SERVICES I plan ning@saintjohn.ca 1 (506) 658 -2835 ZoneS 58 I I I I SUMMARY OF KEY CHANGES IN THE NEW DRAFT ZONING BY -LAW: I 1. Overall, what do you like about the new draft Zoning By -law? I • Modernized community development standards that utilize best practices and updates the current Zoning By -law which is over 30 years old. • It is a user - friendly document, intended to provide clarity, consistency and predictability for all those involved I in land development here in Saint John. • By -law aligns with PIanSJ and implements new zones that correspond with the land use framework, targeting I 2. Are there any changes that you would suggest to better implement PIanSJ. growth and investment within the Primary Development Area, the growth boundary for the urbanized area of the City. • Provides clarity, consistency and predictability as the zones have been applied in a logical land use pattern across the City to eliminate land use conflicts in the future. I • Allows for more complete communities with a broader mix of land uses in neighbourhoods targeted for future growth and investment. 3. Are you aware of any best - practices in land development that we should look at? • Streamlines the development approvals process and creates a fairer more transparent framework. I • Creates more opportunities for intensification and higher density development in targeted areas, and provides more flexibility for a greater mix of housing types to meet the changing community needs. • Implements more flexible parking standards in intensification areas and a broader parking exemption area I in the Uptown as incentives to development in these areas, and implementing key directions in PIanSJ to I 4. Do you have any feedback on how the new draft Zoning By -law impacts your property? promote alternative modes of transportation. • Clearer rules for development that are entrenched in the By -law will provide greater predictability and clarity I for industry. • Retains the character of existing rural residential areas and limits future residential expansion in order to ensure there are appropriate lands retained for rural uses. I I S. Is there anything that you would like more information on? I CONTACT US! Growth & Community Development Services is here to support Saint Johners — it is what we do and what we are passionate about. So don't be shy, reach out in the way that suits you best and let us know what you think about the Draft Zoning By -law: I 1. Locate your property on our interactive online map at www.saintjohn.ca /zonesj and take a look at the draft 6. Do you have any other comments? Zoning By -law standards. I 2. Submit your comments to plan ning@saintjoh n.ca I 3. Drop your comments off in person or send them by mail to: Growth & Community Development Services, 10th Floor City Hall, PO Box 1971, Saint John NB, E2L 41_1 I 4. Give us a call to chat at 506 - 658 -2835 or fax comments to 506 - 658 -2837 I I Review Period Last day to submit comments to us in any format is: I FRIDAY NOVEMBER 29, 2013 SJ GROWTH & COMMUNITY DEVELOPMENT SERVICES I planning @saintjohn.ca 1 (506) 658 -2835 I 0 GROWTH & COMMUNITY DEVELOPMENT SERVICES I planning @saintjohn.ca 1 (506) 658 -2835 zones 59 Zone S� GROWTH & COMMUNITY DEVELOPMENT SERVICES I planning @saintjohn.ca 1 (506) 658 -2835 60 �' -- SAINT JOHN Growth & Community Development Services 10th Floor, City Hall City of Saint John P.O. Box 1971 1 Saint John, NB E21- 41-1 ?t Zonesi C I T Y OF S A I N T J O H N ZONING BY -LAW 2013 DRAFT / �•• A '''9:. • it WL Ams& JUN= _•s . s 2013 P& WS] While all the provisions of this By -law carry-out the general intent of The City of Saint John Municipal Plan, the implementation of certain policies has been denoted with the above symbol. MUNICIPAL PLAN In each zone section of this By -law the general intent of that zone has been included and denoted with the above symbol and section title. However, these sections are for reference only and do not constitute any part of the actual zone provisions. The provisions in this document are intended to be in Draft form and are not legally binding on the City of Saint John, as this document has not undergone a complete legal review at this time. The City of Saint John would like to thank the Town of Truro, NS for their generous support in providing some of the graphic material used in this Draft City of Saint John Zoning By -law. 4� tlR# DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 ZoneSj ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 �I 1.0 TITLE, SCOPE AND COMPLIANCE 1 1.1 TITLE 1 1.2 SCOPE 1 1.3 COMPLIANCE WITH OTHER CITY BY -LAWS 1 2.0 ZONES, INTERPRETATION AND ADMINISTRATION 2 A 2.1 GENERAL 2 2.2 ZONES 2 2.3 ZONE BOUNDARIES 3 2.4 PROPERTIES AFFECTED BY MORE THAN ONE ZONE 3 2.5 BY -LAW APPLICABILITY 3 2.6 DETERMINATIONS, MEASUREMENTS AND CALCULATIONS 3 2.7 MEANING OF WORDS 4 2.8 POWERS OF THE COMMON COUNCIL 4 2.8.1 Non - Conforming Uses 4 2.8.2 Satisfactory Servicing 4 2.9 POWERS OF THE PLANNING ADVISORY COMMITTEE 4 2.9.1 Conditional Uses 4 2.9.2 Non - Conforming Uses 4 2.9.3 Similar or Compatible Uses 4 2.9.4 Temporary Uses 5 2.9.5 Unsuitable Soil or Topography 5 2.9.6 Variances 5 2.10 POWERS OF THE DEVELOPMENT OFFICER 5 2.10.1 Certain Encroachments Occurring in Good Faith 5 2.10.2 Variances 5 2.11 COUNCIL, COMMITTEE AND DEVELOPMENT OFFICER APPLICATIONS 6 2.12 DEVELOPMENT AND CHANGE OF USE PERMIT APPROVAL 6 2.13 BY -LAW ENFORCEMENT 7 2.14 BY -LAW AMENDMENTS 7 ® DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Zones 3.0 DEFINITIONS 8 /Cmb 4.0 GENERAL PROVISIONS: ACCESS, PARKING AND LOADING 32 T 4.1 GENERAL ACCESS PROVISION 32 4.1.1 Access for Residential Purposes 32 4.1.2 Access for Commercial Purposes 33 4.2 GENERAL PARKING PROVISIONS 34 4.2.1 Parking Exceptions 39 4.2.2 Parking Restriction 39 4.2.3 Parking Space and Aisle Dimensions 40 4.2.4 Barrier Free Parking 40 4.2.5 Parking Lot Standards 41 4.3 GENERAL LOADING PROVISIONS 42 4.4 DRIVE -THRU FACILITIES 43 4.5 BICYCLE PARKING 44 5.0 GENERAL PROVISIONS: ACCESSORY BUILDINGS ■, ,� AND STRUCTURES 45 5.1 GENERAL ACCESSORY BUILDINGS AND STRUCTURES PROVISIONS 45 5.2 FENCES 46 5.3 FENCING ASSOCIATED WITH PARKING LOTS 46 5.4 GARBAGE ENCLOSURES 46 5.5 OUTDOOR STORAGE 47 5.6 SWIMMING POOLS 47 5.7 GROUP ACCESSORY BUILDINGS AND STRUCTURES 48 cxl� 6.0 GENERAL PROVISIONS: LANDSCAPING AM AND AMENITY SPACE 49 6.1 GENERAL LANDSCAPING PROVISIONS 49 6.2 LANDSCAPING STANDARDS 50 6.2 AMENITY SPACE 52 Zones DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Eiv 0 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Zones 7.0 GENERAL PROVISIONS: SIGNS 53 Sa SIGN 7.1 GENERAL SIGN PROVISIONS 53 7.2 DEFINITIONS 54 7.3 SIGN PERMIT APPROVAL 56 7.4 SIGNS PERMITTED IN ALL ZONES 57 7.5 SIGNS PROHIBITED IN ALL ZONES 58 7.6 BILLBOARD SIGNS 59 7.7 CANOPY SIGNS 59 7.8 GROUND SIGNS 60 7.9 PROJECTING SIGNS 61 7.10 WALL SIGNS 62 7.11 OTHER SIGNS 63 7.11.1 Construction Signs 63 7.11.2 Electronic Message Board Signs 63 7.11.3 Home Occupation Signs 63 7.11.4 Neighbourhood Identification Signs 64 7.11.5 Residence Signs 64 7.11.6 Trinity Royal Preservation Area Signs 64 8.0 GENERAL PROVISIONS: OTHER STANDARDS 65 BCD 8.1 BUILDING AND STRUCTURE PROJECTIONS 65 8.2 DISTANCE TO PUBLIC WATER SUPPLY 65 8.3 EXCEPTION RESPECTING LOT AREAS 65 8.4 EXCEPTIONS RESPECTING YARDS 66 8.5 EXISTING BUILDINGS AND STRUCTURES IN ALL ZONES 67 8.6 EXISTING DWELLINGS IN INDUSTRIAL ZONES 67 8.7 EXISTING DWELLING UNITS ALONG COMMON WALLS 67 8.8 EXISTING NON - CONFORMING USES 67 8.9 EXISTING UNDERSIZED PROPERTIES 67 8.10 HEIGHT EXCEPTIONS 68 8.11 LIGHTING FACILITIES 68 0 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Zones 8.0 GEN 400 8.12 8.13 8.14 8.15 8.16 8.17 ERAL PROVISIONS: OTHER STANDARDS CONTINUED LOTS FOR SPECIFIC USES 68 MINIMUM BUILDING DIMENSIONS 68 NUMBER OF MAIN BUILDINGS OR STRUCTURES ON A LOT 69 RESTORATION TO A SAFE CONDITION 69 STREETS AND SERVICING 69 VEHICLE BODIES 69 ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 9.0 GENERAL PROVISIONS: USES PERMITTED IN MULTIPLE ZONES 70 9.1 ACCESSORY USES PERMITTED 71 9.2 BED & BREAKFASTS 71 9.3 COMMERCIAL VEHICLES IN RESIDENTIAL ZONES 71 9.4 CONVERTED DWELLINGS 72 9.5 DAY CARES 73 9.6 DWELLING IN A COMMERCIAL OR INDUSTRIAL BUILDING 74 9.7 EXCAVATION OF LAND 74 9.8 GARDEN SUITES 75 9.9 HOME OCCUPATIONS 76 9.9.1 Permitted Uses 76 9.9.2 General Provisions 76 9.9.3 Catering Business Provisions 77 9.9.4 Pet Grooming Provisions 77 9.10 KEEPING OF CHICKENS 78 9.11 MINOR UTILITY SERVICE BUILDINGS OR STRUCTURES AND PIPELINES 78 9.12 MULTIPLE USES 79 9.13 SECONDARY SUITES 79 9.14 SUPPORTIVE HOUSING 79 9.15 STORAGE OF RECREATIONAL VEHICLES AND MAJOR EQUIPMENT 80 9.16 TELECOMMUNICATION TOWERS 80 ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 9.0 GENERAL PROVISIONS: USES PERMITTED IN MULTIPLE ZONESGONTINUED �v 9.17 TEMPORARY USES PERMITTED IN ALL ZONES 80 9.17.1 Temporary Construction Buildings and structures 80 9.17.2 Temporary Garden Centres 80 9.17.3 Temporary Sale of Christmas Trees 80 9.17.4 Temporary Real Estate Sales Offices 80 9.17.5 Temporary Special Occasion Structures 80 9.18 TREE CUTTING 81 9.19 USES PERMITTED IN ALL ZONES 81 10.0 RESIDENTIAL ZONES: PERMITTED USES 83 10.1 URBAN CENTRE RESIDENTIAL (RC) 84 10.1.1 MUNICIPAL PLAN 84 10.1.2 PERMITTED USES 84 10.1.3 CONDITIONS OF USE 85 10.1.4 ZONE STANDARDS 85 10.1.5 ZONE STANDARDS FOR CLUSTER TOWNHOUSE DWELLINGS 87 10.2 HIGH -RISE RESIDENTIAL (RH) 90 10.2.1 MUNICIPAL PLAN 90 10.2.2 PERMITTED USES 90 10.2.3 CONDITIONS OF USE 90 10.2.4 ZONE STANDARDS 91 10.3 MID -RISE RESIDENTIAL (RM) 92 10.3.1 MUNICIPAL PLAN 92 10.3.2 PERMITTED USES 92 10.3.3 CONDITIONS OF USE 93 10.3.4 ZONE STANDARDS 93 10.4 LOW -RISE RESIDENTIAL (RL) 95 10.4.1 MUNICIPAL PLAN 95 10.4.2 PERMITTED USES 95 10.4.3 ZONE STANDARDS 96 ® DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Zones 10.0 RESIDENTIAL ZONES CONTINUED _ 10.5 TWA UNIT RESIDENTIAL (R2) loo ul 11.0 COMMERCIAL ZONES: PERMITTED USES 112 11.1 UPTOWN COMMERCIAL ZONE ( CU) 114 11.1.1 MUNICIPAL PLAN 114 11.1.2 PERMITTED USES 114 11.1.3 CONDITIONS OF USE 115 11.1.4 ZONE STANDARDS 115 ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 10.5.1 MUNICIPAL PLAN 100 10.5.2 PERMITTED USES 100 10.5.3 ZONE STANDARDS 101 10.6 ONE -UNIT RESIDENTIAL (111) 102 10.6.1 MUNICIPAL PLAN 102 10.6.2 PERMITTED USES 102 10.6.3 ZONE STANDARDS 103 10.7 SUBURBAN RESIDENTIAL (RSS) 104 10.7.1 MUNICIPAL PLAN 104 10.7.2 PERMITTED USES 104 10.7.3 ZONE STANDARDS 105 10.8 MINI -HOME PARK RESIDENTIAL (RP) 106 10.8.1 MUNICIPAL PLAN 106 10.8.2 PERMITTED USES 106 10.8.3 ZONE STANDARDS 107 10.9 RURAL SETTLEMENT RESIDENTIAL (RS) 108 10.9.1 MUNICIPAL PLAN 108 10.9.2 PERMITTED USES 108 10.9.3 ZONE STANDARDS 109 10.10 RURAL RESIDENTIAL (RR) 110 10.10.1 MUNICIPAL PLAN 110 10.10.2 PERMITTED USES 110 10.10.3 CONDITIONS OF USE 111 10. 10.4 ZONE STANDARDS 111 ul 11.0 COMMERCIAL ZONES: PERMITTED USES 112 11.1 UPTOWN COMMERCIAL ZONE ( CU) 114 11.1.1 MUNICIPAL PLAN 114 11.1.2 PERMITTED USES 114 11.1.3 CONDITIONS OF USE 115 11.1.4 ZONE STANDARDS 115 ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 ,I 11.0 COMERCIAL ZONES CONTINUED 11.2 WATERFRONT COMMERCIAL ZONE (CW -ID) 116 11.2.1 MUNICIPAL PLAN 116 11.2.2 PERMITTED USES 116 11.2.3 ZONE STANDARDS 116 11.3 CAMPUS RESEARCH COMMERCIAL ZONE (CRC) 118 11.3.1 MUNICIPAL PLAN 118 11.3.2 PERMITTED USES 118 11.3.3 CONDITIONS OF USE 119 11.3.4 ZONE STANDARDS 119 11.4 BUSINESS PARK COMMERCIAL ZONE (CBP) 120 11.4.1 MUNICIPAL PLAN 120 11.4.2 PERMITTED USES 120 11.4.3 CONDITIONS OF USE 121 11.4.4 ZONE STANDARDS 122 11.5 CORRIDOR COMMERCIAL ZONE (CC) 124 11.5.1 MUNICIPAL PLAN 124 11.5.2 PERMITTED USES 124 11.5.3 CONDITIONS OF USE 125 11.5.4 ZONE STANDARDS 125 11.6 REGIONAL COMMERCIAL ZONE (CR) 126 11.6.1 MUNICIPAL PLAN 126 11.6.2 PERMITTED USES 126 11.6.3 CONDITIONS OF USE 127 11.6.4 ZONE STANDARDS 127 11.7 GENERAL COMMERCIAL ZONE (CG) 128 11.7.1 MUNICIPAL PLAN 128 11.7.2 PERMITTED USES 128 11.7.3 CONDITIONS OF USE 129 11.7.4 ZONE STANDARDS 129 0 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Zones 11.0 COMERCIAL ZONES CONTINUED 11.8 MIXED COMMERCIAL ZONE (CM) 130 11.8.1 MUNICIPAL PLAN 130 11.8.2 PERMITTED USES 130 11.8.3 CONDITIONS OF USE 131 11.8.4 ZONE STANDARDS 131 11.9 LOCAL COMMERCIAL ZONE (CL) 132 11.9.1 MUNICIPAL PLAN 132 11.9.2 PERMITTED USES 132 11.9.3 CONDITIONS OF USE 133 11.9.4 ZONE STANDARDS 133 11.10 ADULT ENTERTAINMENT COMMERCIAL ZONE (CAE) 134 11.10.1 MUNICIPAL PLAN 134 11. 10.2 PERMITTED USES 134 11.10.3 CONDITIONS OF USE 134 11.9.4 ZONE STANDARDS 134 11.11 RURAL GENERAL COMMERCIAL ZONE (CRG) 136 11.11.1 MUNICIPAL PLAN 136 11.11.2 PERMITTED USES 136 11.11.3 CONDITIONS OF USE 137 11.11.4 ZONE STANDARDS 137 12.0 INDUSTRIAL ZONES: PERMITTED USES 138 12.1 LIGHT INDUSTRIAL ZONE (IL) 140 12.1.1 MUNICIPAL PLAN 140 12.2.2 PERMITTED USES 140 12.1.3 CONDITIONS OF USE 141 12.1.3 ZONE STANDARDS 141 12.2 GENERAL INDUSTRIAL ZONE (IG) 142 12.2.1 MUNICIPAL PLAN 142 12.2.2 PERMITTED USES 142 12.2.3 CONDITIONS OF USE 143 12.2.4 ZONE STANDARDS 143 zones DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 12.0 INDUSTRIAL ZONES CONTINUED 12.3 HEAVY INDUSTRIAL ZONE (IH) 144 12.3.1 MUNICIPAL PLAN 144 12.3.2 PERMITTED USES 144 12.3.3 CONDITIONS OF USE 144 12.3.4 ZONE STANDARDS 145 12.4 PIT & QUARRY INDUSTRIAL ZONE (PQ) 146 12.4.1 MUNICIPAL PLAN 146 12.4.2 PERMITTED USES 146 12.4.3 SECONDARY USES 146 12.4.4 PROHIBITION OF EXCAVATION 146 12.4.5 ZONE STANDARDS 147 12.4.6 ACCESS 147 12.4.7 HOURS OF OPERATION 148 12.4.8 SCREENING 148 12.4.9 SITE REHABILITATION 148 12.4.10 EXCAVATION PERMIT APPLICATION 148 12.4.11 EXCAVATION PERMIT 150 12.4.12 PERMIT CONDITIONS 152 12.4.13 SITE REHABILITATION 153 12.4.14 ENFORCEMENT 154 12.5 TRANSPORTATION ZONE (T) 156 12.5.1 MUNICIPAL PLAN 156 12.5.2 PERMITTED USES 156 12.5.3 CONDITIONS OF USE 156 12.5.4 ZONE STANDARDS 158 12.6 UTILITY SERVICE ZONE (US) 158 12.6.1 MUNICIPAL PLAN 158 12.6.2 PERMITTED USES 158 12.6.3 CONDITIONS OF USE 158 12.6.4 ZONE STANDARDS 158 0 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Zones �I 12.0 INDUSTRIAL ZONES CONTINUED 12.7 UTILITY SERVICE LANDFILL (USL) 160 12.6.1 MUNICIPAL PLAN 160 12.6.2 PERMITTED USES 160 12.6.3 CONDITIONS OF USE 160 12.6.4 ZONE STANDARDS 161 13.0 COMMUNITY FACILITIES ZONES: PERMITTED USES 163 13.1 NEIGHBOURHOOD COMMUNITY FACILITY ZONE (CFN) 164 13.1.1 MUNICIPAL PLAN 164 13.1.2 PERMITTED USES 164 13.1.3 ZONE STANDARDS 164 13.2 MAJOR COMMUNITY FACILITY (CFM) 166 13.2.1 MUNICIPAL PLAN 166 13.2.2 PERMITTED USES 166 13.2.3 ZONE STANDARDS 167 14.0 OTHER ZONES: PERMITTED USES 169 14.1 PARK ZONE (P) 170 14.1.2 MUNICIPAL PLAN 170 14.1.3 PERMITTED 170 14.1.4 CONDITIONAL USES 170 14.1.5 ZONE STANDARDS 170 14.2 ENVIRONMENTAL PROTECTION ZONE (EP) 171 14.2.1 MUNICIPAL PLAN 171 14.2.2 PERMITTED USES 171 14.2.3 ZONE STANDARDS 171 14.3 INTEGRATED DEVELOPMENT ZONE (ID) 172 14.3.1 MUNICIPAL PLAN 172 14.3.2 PERMITTED USES 172 14.3.3 ZONE 172 ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 14.0 OTHER ZONES CONTINUED 14.4 FUTURE DEVELOPMENT (FD) 173 14.4.1 MUNICIPAL PLAN 173 14.4.2 PERMITTED USES 173 14.5 RURAL (RU) 174 14.5.1 MUNICIPAL PLAN 174 14.5.2 PERMITTED USES 174 14.5.3 CONDITIONS OF USE 175 14.5.4 ZONE STANDARDS 175 15.0 APPENDIX 176 SCHEDULE A: ZONING MAP 177 SCHEDULE B: FEES 178 SCHEDULE C: UPTOWN PARKING EXEMPTION AREA 179 SCHEDULE D: INTENSIFICATION AREAS 180 SCHEDULE E: PROPOSED LIST OF EXEMPTIONS 187 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 ZoneSi 1.0 0 The Common 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 "Saint John Zoning By -law." 1.2 SCOPE This By -law: (a) Divides the City of Saint John into zones; (b) Prescribes, subject to powers reserved in the Common Council, Planning Advisory Committee and Development Officer, the purposes and standards that land, buildings and structures in any zone may be used; and (c) Prohibits the use of land, buildings and structures for any other purpose. 1.3 COMPLIANCE WITH OTHER CITY BY -LAWS Nothing in this By -law shall relieve any person from the obligation to comply with the requirements of any by -law of The City of Saint John in force from time to time, or the obligation to obtain any approval, authority, license, or permit required under any by -law of The City of Saint John. �i� DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones 0 2.1 GENERAL The City of Saint John shall be divided into zones to the boundaries and extent that are 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 Urban Centre Residential High -Rise Residential Mid -Rise Residential Low -Rise Residential Two -Unit Residential One -Unit Residential Suburban Residential Mini -Home Park Residential Rural Settlement Residential Rural Residential Uptown Commercial Zone Waterfront Commercial Zone Campus Research Commercial Zone Business Park Commercial Zone Corridor Commercial Zone Regional Commercial Zone General Commercial Zone Mixed Commercial Zone Local Commercial Zone Adult Entertainment Commercial Zone Rural General Commercial Zone SYMBOL A RC RH RM RL R2 R1 RSS RP RS RR CU CW -ID CRC CBP CC CR CG CM CL CAE CRG ZONES Light Industrial General Industrial Heavy Industrial Utility Service Industrial Transportation Industrial Pit & Quarry Utility Service Landfill Neighbourhood Community Facility Major Community Facility Park Environmental Protection Integrated Development Future Development Rural SYMBOL ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 IL IG IH US T PQ USL CFN CFM P EP ID FD RU 2.0 0 0 11 [V Zone boundaries shall be determined as follows: (a) Where a zone boundary is indicated as following a lot line such lot line shall deem to be the zone boundary; (b) Where a zone boundary is indicated as following a highway, lane, railroad, road, or street such feature shall deem 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 center of such feature shall deem to be the zone boundary; (d) Where a zone boundary is indicated as following the City boundary the City limit shall deem to be the zone boundary; (e) Where any feature mentioned in this Section ceases to exist after the adoption of this By -law the center of such former feature shall deem to be the zone boundary; (f) Where fill has been deposited along a body of water in order to create land, whether such filling occurred prior to or after the adoption of this By -law and such land is not associated with a lot line, the ordinary high water mark of the land shall deem to be the zone boundary, 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 affected by more than one zone the provisions of each zone shall be applied to the corresponding area of the lot, otherwise the more stringent zone provision shall be applied to the entire lot. 2.5 BY -LAW APPLICABILITY No person shall within any zone use any land or erect, place, alter, or use any building or structure except in accordance with the permitted uses, conditional uses, conditions of use, and zone standards for each zone, and any general provision or other requirement contained in this By -law. 2.6 DETERMINATIONS, MEASUREMENTS AND CALCULATIONS (a) The Development Officer shall be responsible to administer this By -law and to 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 numerical requirement results in a fraction: (i) A fraction 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. 0 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones 0 2.7 MEANING OF WORDS In this By -law all words shall carry their customary meaning except as defined in Sections 3, 4 and 7 or as defined by the Community Planning Act of New Brunswick. 2.8 POWERS OF THE COMMON COUNCIL 2.8.1 NON - CONFORMING USES (a) Council may prescribe standards for any land, building or structure containing a non - conforming use to ensure that it is maintained and kept in a condition appropriate to the area that it is located; and (b) Where prescribed standards are not being 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. 2.8.2 SATISFACTORY SERVICING No building may be erected in the City where, in the opinion of the Council, satisfactory arrangements have not been made for the supply of electric power, water, sewerage, streets, or other services or facilities. 2.9 POWERS OF THE PLANNING ADVISORY COMMITTEE 2.9.1 CONDITIONAL USES (a) Conditional uses contained in any zone are subject to any term or condition that may be imposed by the Committee as necessary to protect properties within the zone or abutting zones, or the health, safety or welfare of the general public, and (b) Such uses may be prohibited by the Committee where compliance with an imposed term or condition cannot reasonably be expected. 2.9.2 NON - CONFORMING USES The Committee may authorize: (a) The recommencement of a non - conforming use that has been discontinued for a period exceeding ten consecutive months; (b) The repair, restoration or use of a building or structure containing a non - conforming use that has been damaged to the extent of at least half of the whole structure exclusive of the foundation; (c) A non - conforming use to be extended into a portion of a building that was erected subsequent to the date the use became non - conforming; or (d) A non - conforming use to be changed to a similar non - conforming use. 2.9.3 SIMILAR OR COMPATIBLE USES The Committee may permit, subject to any term or condition that it sees fit, a proposed use of land or 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 located. ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 2.9 W 2.9 POWERS OF THE PLANNING ADVISORY COMMITTEE CONTINUED 2.9.4 TEMPORARY USES The Committee may, subject to any term or condition 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: (i) The applicant holds an authorization under clause (a) above that is to expire or has expired; (ii) An application with respect to the land has been made to amend this By -law; (iii) The Committee has received a resolution from Council confirming that the application referred to in sub clause (ii) above will be considered; and (c) Require the termination or removal of a development authorized under clauses (a) or (b) above at the end of the authorized period. 2.9.5 UNSUITABLE SOIL OR TOPOGRAPHY No building or structure may be erected on any site where it would otherwise be permitted under this By -law when in the opinion of the Committee the site is marshy, subject to flooding, excessively steep, or otherwise unsuitable by virtue of its soil or topography. 2.9.6 VARIANCES The Committee may, subject to any term or condition that it considers fit, permit such reasonable variance from a requirement of this By -law as authorized by the Act if, in its opinion, a development is desirable for a parcel of land or a building or structure and accords with the general intent of this By -law and the Municipal Plan. `4 [oil 1111 "A1 4 ;RK17 3 I:1 :7 474>I 0 IM, 14:I-t0T9 9114-4 2.10.1 CERTAIN ENCROACHMENTS OCCURRING IN GOOD FAITH If the Development Officer attests that a certain encroachment has occurred in good faith, such encroachment will not constitute a violation of the requirements of this By -law, but is limited to the following for a building or structure: (a) Up to sixty centimetres on any setback requirement from the boundaries of streets and other public areas and from rivers, streams or other bodies of water, and (b) Up to thirty centimetres on any yard requirement with respect to the percentage of land that may be built upon and the depth, size or area of yards, courts, parking areas and open spaces. 2.10.2 VARIANCES The Development Officer may, subject to any term or condition that he or she considers fit, permit such reasonable variance from a requirement of this By -law as authorized by the Act if, in the opinion of the Development Officer, a development is desirable for a parcel of land or a building or structure and accords with the general intent of this By -law and the Municipal Plan. 0 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones 0 2.11 COUNCIL, COMMITTEE AND DEVELOPMENT OFFICER APPLICATIONS (a) Consideration of an application not involving an amendment to this By -law or a resolution or agreement pursuant to Section 39 of the Act (see 2.14) by the Council, Committee or Development Officer will require the submission of a completed application form, signed by the registered lot owner or authorized agent, and accompanied by a fee in accordance with Schedule B. (b) The Development Officer may consider a submission containing an incomplete application or insufficient fee to have been abandoned if the applicant has not rectified the matter within ninety days of receiving notice of the deficiency. (c) Deadlines for submissions can be imposed by the Development Officer with respect to matters to be considered by the Council or Committee. (d) When an application has been received that seeks approval of a matter that has been denied within the last year, it will not be reconsidered unless the approving authority is of the opinion that there is valid new evidence or change in conditions. 2.12 DEVELOPMENT AND CHANGE OF USE PERMIT APPROVAL (a) Except as otherwise provided by this By -law, no person shall undertake a development or change the purpose for which land, buildings or structures, wholly or in part, is used without obtaining a building permit which has been approved by the Development Officer, and no building permit shall be approved by the Development Officer unless the development or change of use complies with the provisions of this By -law. (b) 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; (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 required by the Development Officer to ascertain whether the proposed development or intended new use conforms to the requirements of this By -law. (c) Notwithstanding clause (a) above, the following development while still required to satisfy the provisions of this By -law shall be exempt from requiring permit approval from 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; (iii) A fence not exceeding 2 metres in height provided in Section 5.2; (iv) A sign exempted in Section 7.4; ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 0 2.13 0 (v) An excavation or fill provided in Section 9.7(a); (vi) A minor utility service building or structure provided in Section 9.11; (vii) The sale of Christmas trees provided in Section 9.17.3; or (viii) A temporary special occasion structure provided in Section 9.17.5. 2.13 BY -LAW ENFORCEMENT (a) The Building Inspector is authorized to enforce the provisions of this By -law. (b) The Building Inspector has the right to enter at all reasonable times upon any lot within the City for the purposes of making any inspection that is necessary for the administration or enforcement of this By -law. (c) If a development is undertaken in contravention of this By -law, or with terms and conditions imposed on a development, the Building Inspector may order: (i) Alteration of such development so as to remove the contravention; (ii) Cessation of the development; or (iii) The doing of anything required to restore the land, building or structure to its condition immediately prior to the undertaking of such development. (d) Where an owner of a lot fails to comply with an order at his own expense, Council may cause the ordered action to be undertaken and may recover the costs thereof from such owner in an action in any court of competent jurisdiction. 2.14 BY -LAW AMENDMENTS (a) A person who seeks to have this By -law amended or a resolution or agreement pursuant to Section 39 of the Act amended shall submit of a fully completed application to Council, signed by the registered lot owner or authorized agent if a specific lot is involved, and accompanied by the required fee in accordance with Schedule B. However, no permission of any landowner is required when the applicant is the City, and no fee is required when the applicant is the City, or an agency, board or commission of the City. (b) The Development Officer may consider a submission containing an incomplete application or insufficient fee to have been abandoned if the applicant has not rectified the matter within ninety days of receiving notice of the deficiency. (c) Deadlines for submissions can be imposed by the Development Officer. (d) When an application has been received which seeks approval of a matter that has been denied within the last year, it will not be reconsidered unless Council is of the opinion that there is valid new evidence or change in conditions. (e) Council may impose conditions pursuant to Section 39 of the Act with regards to the rezoning of a lot. (f) Council may return all or any part of the fee required to have this By -law amended. 0 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones Abandoned means the failure to proceed expeditiously with an application, development or permit. A Abut means to be located next to and includes having direct access thereto. Access means an access or exit or driveway from a street to a lot. Accommodation means an establishment that provides lodging to the travelling public for remuneration, and includes, but is not limited to, a bed & breakfast, motel, hotel, or other similar commercial establishment, but does not include a hostel. Act or Community Planning Act means the Community Planning Act of the Province of New Brunswick as adopted and amended by the Government of New Brunswick. Act, Family Services means the Family Services Act of the Province of New Brunswick as adopted and amended by the Government of New Brunswick. Act, Liquor Control means the Liquor Control Act of the Province of New Brunswick as adopted and amended by the Government of New Brunswick. Act, Motor Vehicle means the Motor Vehicle Act of the Province of New Brunswick as adopted and amended by the Government of New Brunswick. Adult Entertainment Facility means an establishment where service or entertainment appealing to, or designed to appeal to, an erotic or sexual appetite or inclination is provided. Agricultural Use means the cultivation of the soil to produce a crop or the raising of a domestic animal, and without limiting the generality of the foregoing includes: (a) the growing of a crop; (b) an agro- forestry operation, garden, greenhouse, maple syrup production, nursery, orchard, or vineyard; or (c) the keeping and raising of bees, fish, fowl, livestock, or furor wool bearing animals. Air Transport means the use of buildings and land for aviation services and infrastructure and without limiting the generality of the forgoing includes airports, airfields, hangars, aircraft maintenance shops, and flight schools. 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. 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, play area, porch, rooftop deck, swimming pool, or veranda, but does not include a driveway or a parking lot. Animal Shelter means an establishment that provides care and veterinary service to lost, abandoned or neglected animals. Area Requiring Rehabilitation means any area, measured in hectares or parts of hectares, within a property licensed under the Pit and Quarry zone, which, in the opinion of the Building Inspector, requires rehabilitation. 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. Asphalt Plant means a use where the production of asphalt takes place and may include the stockpiling and storage of bulk materials and the storage and sale of finished products manufactured on the premises. ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 0 Attic means that portion of a building located partly or wholly within the roof of a building. Auction Facility means a use that provides for the auctioning and related temporary storage of large equipment, livestock and motor vehicles. Auction House means a use conducted entirely inside a building that provides for the auctioning and related temporary storage of goods, except large equipment, livestock or motor vehicles. B Bakery means an establishment for preparing, cooking, baking and selling of products for public consumption. Balcony means a horizontal platform that is attached to a building above the first storey floor level and is intended for use as an outdoor amenity space. Banquet Hall means a room or building used for the purpose of hosting a party, banquet, function, reception, or other social event and may include areas for food preparation. The use may be licensed with a Dining Room or Special Facility Licence. Bar, Lounge or Nightclub means an establishment licensed as a Lounge under the New Brunswick Liquor Control Act where liquor is served for public consumption and may include live entertainment. Basement means that portion of a building or structure between two floor levels that is partly underground but has at least one -half of its height above average grade. Bed & Breakfast means a secondary use in a one -unit dwelling where an occupant rents a maximum of five guest rooms to the travelling public for temporary accommodation, and may also include the provision of meals. Bedroom means an area or room in a dwelling primarily used for the sleeping activities of a person or persons. Berm means an artificial mound of earth capable of sustaining vegetation and used for visual screening and, unless otherwise stated in this By -law, all berms shall be landscaped. Bicycle Locker means a locker or box where one or more adult -sized bicycles can be placed and locked within. 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 1.7 centimetre U -lock. Bicycle Rack means a stationary fixture that has been securely anchored to the ground, a permanent structure or a building designed to securely hold adult -sized bicycles. Block Face means the existing main buildings within 90 metres of a lot. Building Inspector means the person appointed by the Common Council as the Building Inspector for The City of Saint John, or a person appointed by Common Council under Section 92(1) of the Community Planning Act to administer the enforcement of this By -law. Building Line means any line defining the position of a building or structure on a lot. Building means any roofed structure with solid exterior walls, whether temporary or permanent, designed or used for the accommodation, enclosure or shelter of animals, chattels, persons, or material. 0 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 ZoneSj Building Permit means a permit for a development or change of use that is approved by the Development B Officer and issued by the Building Inspector. Building, Accessory means a building that is incidental, subordinate and exclusively devoted to the main use, building or structure located on the same lot. Building, Main means the building or buildings intended to accommodate the main use or uses permitted on a lot. Bulk Fuel Storage Depot means a facility for the storage and distribution of petroleum and petrochemical products in bulk quantities, but not including retail sales or processing and may include tanker vehicle storage and key -lock pumps. 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 organization, but does not include such uses as assembly or storage of goods, manufacture, places of amusement or assembly, or retail sales. Business Support Service means development used to provide support services to businesses which are characterized by one or more of the following features: the use of mechanical equipment for printing, duplicating, binding or photographic processing; the provision of office maintenance or custodial services; the provision of office security; the sale, rental, repair or servicing of office equipment, furniture and machines. Typical uses include printing establishments, film processing establishments, janitorial firms and office equipment sales and repair establishment. By -law, City of Saint John Flood Risk Areas means the "Flood Risk Area By -law of the City of Saint John, NB" as adopted and amended by Common Council. By -law, Saint John Building means "A By -law Respecting the Construction, Repair and Demolition of Buildings and Structures in the City of Saint John" as adopted and amended by Common Council. By -law, Saint John Heritage Areas means the "Saint John Heritage Conservation Areas By -Law" as adopted and amended by Common Council. By -law, Saint John Minimum Property Standards means "A By -law Respecting Standards for Maintenance and Occupancy of Buildings and Premises" as adopted and amended by Common Council. By -law, Saint John Mobile Home Parks means "A By -law to Regulate and License Mobile Home Parks in the City of Saint John" as adopted and amended by Common Council. By -law, Saint John Subdivision means "A By -law to Regulate the Subdivision of Land within the City of Saint John" as adopted and amended by Common Council. C Car Wash means an establishment where vehicles are washed within a building or within a permanent structure, but does not include a mobile car wash. Caretaker Dwelling means a dwelling unit for the residence of an individual involved with the maintenance and security of a lot. Carport means a building or structure without walls on at least two sides used for the parking or storage of a motor vehicle. ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 0 Catering Business means a home occupation involving the preparation of food and beverages for consumption elsewhere. C Catering Service means an establishment where food and beverages are prepared inside of a building for public consumption elsewhere. 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. Cementitious means of or relating to a chemical precipitate, especially of carbonates, having the characteristics of cement, and includes such products as hardiplank cladding. Cemetery means any land, building or structure used for burying or interring the dead, and may include associated buildings for grounds keeping, equipment storage and administrative office space. Chief City Engineer means the person appointed by Common 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 of the Chief City Engineer. City means The City of Saint John in the Province of New Brunswick. Clothing Maker means an individual who alters or repairs personal clothing and includes the manufacture of new articles of clothing for individuals but not the general public. Commercial Entertainment means an establishment 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, theatre, or other amusement place, but does not include an adult entertainment facility or a casino. Commercial Group means two or more commercial buildings located on a lot or adjoining lots that have been designed as a unified development with respect to the placement of the buildings and any associated accessory building or structure, amenity space, driveway, landscaping, or parking area. Commercial Recreation means outdoor recreational uses including golf, boating, swimming, skiing, marina facilities, but does not include motor vehicle racing. Commercial Use means any permitted use where the primary purpose of which is to sell, lease or rent a product or service directly to the public, including, but not limited to, retail sales, commercial entertainment, and personal or professional services, but excluding any residential uses. Commercial Vehicle means a motor vehicle used for commercial purposes having permanently attached thereto a truck or delivery body and includes ambulances, hearses, motor buses, tractors, and transport trucks. Committee means the Planning Advisory Committee of The City of Saint John established by Common Council. Common Wall means a partition 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. Communication Facility means the use of land and 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. 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. 0 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones Community Centre means an establishment that provides for a non - profit cultural, educational, recreational, C or social activity or event. Community Facility Use tbd Community Garden means an area of land that is cultivated by the public for a non - profit purpose. Community Police Office means an office utilized by members of the police for the purpose of community outreach and education and does not include facilities for detention. Compost Facility means a waste management facility that produces compost using collected organics from the waste stream. Concrete Plant means a use where the production of concrete and concrete products take place and may include the stockpiling and storage of bulk materials and the storage and sale of finished products manufactured on the premises. 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 include dining facilities and or accommodation. Contractor Service, Household means an establishment the provides electrical, heating, painting, plumbing, or a 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. Correctional Services means a facility used for judicial purposes and may include a courthouse, jail, prison, offender rehabilitation centre, or other similar institutions. Council means the Common Council of The City of Saint John. 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. Cultural Establishment means a use that provides display, storage, restoration or events related to art, literature, music, history, performance or science and include uses such as art galleries, theatres, libraries, auditoriums, museums, archives, performing arts and interpretive centres. D Day Care Centre means an establishment that provides care and supervision for up to sixty children regulated by the Family Services Act. Day Care, Home means a secondary use where the occupant provides care and supervision for up to five children regulated by the Family Services Act. Day Care, Neighbourhood means a secondary use where the occupant provides care and supervision for six to fifteen children regulated by the Family Services Act. Deck means a horizontal structure above grade intended for use as outdoor amenity space and that may include railing and privacy lattice along the sides. 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. ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 All Department of Environment means the Department of Environment and Local Government of the Province of New Brunswick. D Derelict Vehicle means a vehicle that is inoperable and does not have a valid license plate issued under the Motor Vehicle Act. Development means (a) the erecting, placing, relocating, removing, demolishing, altering, repairing, or replacing of a building or structure other than utility poles and wires, traffic control devices, or 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; or (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 paragraph (a), or for purposes of the sale or other commercial use of the material excavated; (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; or as otherwise defined by the Community Planning Act. Development Officer means the person appointed by Common Council as the municipal planning director for The City of Saint John, or a person delegated authority by the municipal planning director to administer this By- law as authorized by the Community Planning Act. Distribution Facility means a building used for the storage, wholesaling and distribution of goods and materials. Domestic Animal means an animal kept for food, work or a by- product but not any animal kept as a household pet, and includes, but not limited to, a chicken, cow, duck, goat, horse, pig, pony, sheep, or turkey. Drive -thru Facility means an accessory use where a service is provided to a person within a motor vehicle and includes any associated speaker system and small electric message board required for the service. 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. 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. Dry Cleaning Depot means an establishment for the drop -off and pickup of fabrics, textiles or other articles to be cleaned off -site at a dry cleaning plant. 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 building or structure, amenity space, driveway, landscaping, or parking area. Dwelling means a building or part of a building, other than a motel or hotel, designed, occupied or intended as a home, living quarters or residence by one or more persons and containing one or more separate dwelling units. 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 or rooming house. 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. ® DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones ZoneSj Multiple Unit Dwellinq One -Unit Dwelling Townhouse Dwelling Semi - Detached Dwelling 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 -lots abutting a private access approved by the Planning Advisory Committee. Dwelling, Converted means a building originally constructed as a one -unit or two -unit dwelling that has been lawfully converted into a two -unit or a multiple dwelling. Dwelling, Multiple means a building containing three or more dwelling units and includes a converted dwelling, but not a townhouse dwelling. Dwelling, One -Unit means a detached dwelling containing either one dwelling unit or one dwelling unit with a secondary suite, but not a mobile or mini -home, motor home or travel trailer. 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. 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 -lots abutting a public street vested to the City of Saint John. Dwelling, Two -Unit means a building containing two dwelling units, but not a semi - detached dwelling. E 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 Policing Office. Engineer means a person who is a registered member of the Association of Professional Engineers and Geoscientists of New Brunswick engaged in the practice of engineering. DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 0 Equestrian Facility means an establishment that provides boarding of horses or the training of horses and their riders, or both, and may also include the staging of equestrian events. E Equipment Sales & Rental, Heavy means a use where construction or industrial equipment and vehicles are rented and /or sold to the public including terra forming vehicles such as excavators, backhoes, and bulldozers, farm and forestry equipment, trucks and trailers, and other apparatus of similar size and function and includes maintenance activities. Equipment Sales & Rental, Light means an establishment within a building where common residential, commercial and or industrial equipment is rented and or sold to the public, and includes portable and or mobile tools and machines such as construction tools, lawn or garden equipment, power tools, trades tools, or other similar equipment. The establishment may also include the maintenance of such equipment. Erect means to assemble, build, construct, or relocate a building or structure and includes any associated activity. Excavation means the making of land by cutting or digging in excess of one metre except in the case of laying pipelines. Exhibition Grounds means the use of land or buildings on a seasonal or temporary basis for entertainment, display, performance, market, auction, fairs, horse racing, or other similar community events, and may include a Race Track. Existing means legally in existence on the date this By -law was enacted. Farmer's Market means an establishment or premises where the farm products of a local farming community, including other foods, wines, health and wellness products, arts and crafts are sold at retail within buildings or from uncovered or open air areas designated for individual retailers. Filling of Land means the making of land by adding or filling in excess of one metre except in the case of laying pipelines. 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. Fishery means a use where fishery resources are cultivated, managed or harvested, but does not include manufacturing or processing of such products. Forestry Use means a use where timber resources of any cumulative ground area are cultivated, managed or harvested, but does not include manufacturing or processing of such products. Fleet Services 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, and 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. Funeral Service means an establishment that provides the preparation of the dead for interment or cremation and the holding of a memorial service, and includes the accessory sale and storage of caskets, urns, and other related funeral supplies, and may include a chapel or crematorium as secondary uses. G Garage means an accessory building or part of a main building or structure designed and intended to be used for the storage of a motor vehicle. ® DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones Garden Centre means the use of any land, building or structure for the display and sale of plants, gardening or G landscaping equipment and supplies. Garden Suite means a 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. General Contractor Service means development used for the provision of building construction, landscaping, concrete, electrical, excavation, drilling, heating, plumbing, paving, road construction, sewer or similar services of a construction nature which require on -site storage space for materials, construction equipment or vehicles normally associated with the contractor service. Any sales, display office or technical support service areas shall be accessory to the principal General Contractor Service use only. Good Faith means the unintentional action of a sincere person. Government or Utility Works Depot means a facility designed as an operational base for government or utility maintenance and operations needs and includes the storage of maintenance equipment, materials, fleet services, and office space. 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. Grocery Store means an establishment where fresh and packaged food and household items are sold and may include a secondary use provided that 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 must have direct customer access inside of the grocery store. 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. Ground Floor Area means the gross floor area of the first storey of a building located at or above grade. Guest Room means a room of a Bed & Breakfast establishment that contains no facilities for cooking or for the installation of cooking equipment. H Habitable Room means the space within a dwelling unit where living functions are normally conducted and may include a bathroom, den, dining room, kitchen, living room, recreation room, but does not include a carport, deck, garage, porch, veranda, or unfinished attic, unfinished basement or cellar. Harbour Facility means any land, building or structure that is part of a port use. Health & Fitness Facility mean an establishment providing health and fitness and recreational activities, such as, but not limited to, boxing, dancing, gymnastics, martial arts, weightlifting, yoga, and other forms of physical exercise. This use may also include the incidental sale of related merchandise. Health Services Laboratory means a use where bio- medical samples are tested, medical research is conducted or medical and dental aids, devices or prosthesis are serviced. Height means the vertical distance from average grade to the highest point on a building or structure, but does not include anything excluded by this By -law with respect to height. Zones DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Highway means a thoroughfare that is maintained by the Province of New Brunswick or the Government of Canada or both. H Home Occupation means a secondary use in a portion of a dwelling unit where a home business is conducted by an occupant of the dwelling unit. Hospital means a facility that provides long term and short term medical and health care, overnight stays, surgery, laboratory and diagnostic services for treating human illness, disease, and injury. Hostel means a use where temporary accommodation is provided to individual travellers for remuneration, and typically includes shared or dormitory style rooms. Incidental Vehicle Sales means, ancillary to a permitted main use, the sale of up to five vehicles on a developed site. Industrial Use means the use of land, structures or buildings for each or any of the following: (a) The carrying on of any process of manufacture whether or not a finished article results therefrom; (b) The dismantling and separating into parts of any article, machinery or vehicle; (c) The breaking up of any articles, goods, machinery, or vehicles; (d) The repairing and servicing or vehicles, machinery or buildings; (e) the storage of goods used in connection with or resulting from any of the above operations; (f) the provision of amenities for persons engaged in such operations; (g) the sale of goods resulting from such operations; or (h) any work or administration or accounting in connection with the undertaking. Furthermore, and without limiting the generality of the foregoing, includes any industry specifically defined by this By -law except for a Home Occupation. Industrial Use, General means any industrial use other than a Light Industrial Use, a Heavy Industrial Use, or a Special Industrial Use, as defined in this By -law. Industrial Use, Heavy means a use that is classified as one or both of the following: (a) Volatile Industrial Use means any industry the conduct of which, by reason of the materials kept, use or produced, or of any process included in any method of manufacture may, save as to persons engaged or employed therein, be injurious to or prejudicial to health or a danger to life or property from fire, explosion, toxic gases, fumes or otherwise, and without limiting the generality of the foregoing, and shall include, but not be limited to, a petroleum refinery, petro - chemical plant, chemical plant, fertilizer manufacture or storage, crude import or export terminal, or a liquefied natural gas terminal; or (b) Offensive Industrial Use means any business or industry which by reason of the process involved or the method of manufacture or the nature of the material or goods used, produced or stored is likely to cause or causes by reason of destructive gas or fumes, dust, objectionable odour, noise or vibration, or unsightly storage of goods, wares, merchandise, salvage, junk, waste or other material, a condition which may be or become hazardous or injurious as regards to health or safety or which prejudices the character of the neighbourhood or interferes with or may interfere with the normal enjoyment of any land, building, or structure, and shall include, but not be limited to, a pulp and paper mill, a brewery, or a scrap or salvage yard. is DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones ZoneSj Industrial Use, Light means the use of land, structures of buildings for the carrying on of any process of manufacture whether or not a finished article results therefrom, including the repairing and servicing of vehicles, machinery and buildings, in which the processes carried on, the material used or stored, the machinery employed, and the transportation of materials, goods and commodities to and from the premises 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 the provision of employee washrooms, the indirect cooling and pressure testing of equipment, the cleaning of vehicles and /or equipment and similar uses ancillary to the manufacturing process. (b) No effluent discharges or contaminants that may contribute to the biological, chemical, physical or aesthetic pollution of land, water or air. (c) No emission of sound of which creates more than a 2dbA increase in the hourly sound levels measured in any area, and at any critical time, as designated by a competent public authority. Industrial Use, Special means development used principally for one or more of the following activities: (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 in which innovative or advanced technologies are employed; or (c) Any indoor display office, technical, administrative or employee support areas, or the storage, transhipment, distribution of sale of product shall be accessory to the special industrial use activities identified above. This use class includes the manufacture or assembly of electronic or other high technology components and products. This use class does not include uses which process raw materials or petrochemical materials. Instructional Service means establishment where instruction or training in an art, hobby, recreational activity, or specific skill is provided including, but not limited to, art, crafts, dance, martial arts, or music. Intensification Area means the areas within the Primary Development Area intended to develop with the highest concentration of land uses in the city as defined by the Municipal Plan and depicted on the Future Land Use Map (Schedule B) of the Plan. Intensification Area means the areas within the Primary Development Area intended to develop with the highest concentration of land uses in the city as defined by the Municipal Plan and depicted on the Future Land Use Map (Schedule B) of the Plan. K Kennel means a building or structure used for the enclosure of animals that are kept for a commercial purpose, and may include premises used for the breeding, raising, training, sheltering or boarding or overnight accommodation of dogs, cats, or other household pets, but shall not include a veterinary clinic. Kitchen means an area where food is prepared and cooked, but does not include a secondary culinary area devoted only to occasional use in association with a cultural, ethnic or religious purpose. DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 0 L Land for Public purposes means 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 center, recreational area or other facility; (i) a protection area for a water course, stream, marsh, water supply lake or other body of water; Q) a public park, playground or other recreational use; (k) a visual feature; (1) a wooded area, slope area or a site giving view to a scenic area to provide diversity; or as otherwise defined by the Community Planning Act. Landfill means a use where waste, including recyclables and organics, is collected, stored, and /or treated permanently in open or covered pits or temporarily indoors or outdoors for further processing or treatment, and may include administrative functions associated with the use, all on -site. Landscape Material Supply means a use conducted primarily outdoors where precast concrete products, paver, stone, gravel, soils and other aggregates are stored and sold and may include the ancillary sale or rental of related goods and materials. 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 existing 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. 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. Library means a premises containing printed, electronic, and pictorial material for public use for purposes of study, reference and recreation. Liquefied Natural Gas Terminal means a terminal used for the import and /or export of liquefied natural gas and associated uses. 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 or townhouse building. 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. 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. 0 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 ZoneSj ULC Lot Line 0 F X92 2 � C • l0 s ♦ 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. Lot Line, Flankage means a side lot line abutting a street on a corner 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. Lot Line, Rear means the lot line farthest from or opposite to a front lot line Lot Line, Side means a lot line other than a front, flankage or rear lot line. Lot means a parcel of land, or two or more adjoining parcels of land held by the same owner used or intended to be used as the site for a main building or structure 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 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. Lot, Corner means a lot located at an intersection abutting two or more streets. Lot, Interior means a lot other than a corner lot. Lot, Part means the individual lot for a dwelling unit of a semi - detached or townhouse dwelling where separation is provided by a common wall. Lot, Through tbd ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 is M � Massage Parlour means an establishment where, for any form of consideration, massage is administered to the human body for sexual pleasure; and which is characterized by an emphasis on sexual activities. 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 for patient care. This use includes, but is not limited to, an acupuncturist, athletic therapist, chiropodist or podiatrist, chiropractor, dental provider, massage therapist, naturopath, osteopath, physiotherapist, psychologist, social worker, speech therapist, or vision care provider. 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 sold for consumption onsite or off the premises and is not sold to other drinking establishments, restaurants, or wholesalers. 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 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. Mobile Car Wash means any establishment or business that offers vehicle cleaning services or equipment which is not part of a permanent structure. Mobile Home Park means a lot containing two or more mobile or mini -homes abutting a private street and regulated by the Saint John Mobile Home Parks By -law. Mobile or Mini -Home means a single dwelling unit that is pre- manufactured in an off -site 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. Moving Services means development using a fleet of trucks and /or trailers for the pick -up 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. Municipal Plan means the Municipal Development Plan of The City of Saint John as adopted by Common Council under the authority of the Community Planning Act. T Nightclub means a use where entertainment is provided in the form of a dance floor, stage, live performances or recorded music and includes the sale and consumption of alcohol and which prohibits minors to be on the premises at any time unless accompanied by a legal guardian and may include sale and consumption of food on the premises. Restaurant and Adult Entertainment Facility are separate uses. Non - Profit means an agency, association, corporation, or person that conducts business for the benefit of the general public without shareholders and without a profit motive. 0 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones � o 0 Outdoor Commercial Patio means any outdoor area used in conjunction with any establishment licensed under the Liquor Control Act, where meals or refreshments are served to the public for consumption on the premises. Outdoor Display Area means the display of retail goods or materials intended for the immediate sale to the general public which are not enclosed within a building. Outdoor Storage means the storage of equipment, goods, inventory, materials, merchandise, or other items by locating them on a lot exterior to a building, but does not include the storage of garbage, or the display of goods for sale to the general public from a commercial business on the same lot. P Park or Playground means a lot containing a public park or playground for a non - profit purpose. 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. Parking Lot means an area or areas on a lot used or intended to be used for the parking of vehicles and includes any adjoining access or driveway. Parking Lot, Commercial means any parking area, operated as a commercial enterprise, where parking spaces are rented or leased to users for any time period, but specifically excludes parking lots situated on the same site as the main use they serve. Parking Space or Stall means an area reserved for the parking of an individual vehicle, but does not include any part of a parking aisle or driveway. 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. Parking, Unrestricted On- Street means a street that provides public parking of vehicles without any daytime restriction. 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. Paved Surface means a paved area or surface consisting of asphalt, concrete, brick pavers, or any combination thereof. 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. Personal Service means an establishment providing clothes cleaning or personal grooming service such as, but not limited to, a barber shop, beauty salon, clothes alteration, repair or manufacture for individuals, dry cleaning depot or shop, hairdresser, laundry service, shoe shine, or shoe repair, but excludes the fabrication or manufacturing of goods for retail or wholesale distribution. A personal service may also mean an establishment providing pet grooming. ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 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. P 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. Pit means a work or undertaking for the purpose of opening up, proving, removing or extracting any unconsolidated metallic mineral or mineral bearing substance, rock, earth, clay, sand or gravel by means of an open excavation in order to supply it for construction, industrial or manufacturing purposes. Place of Worship means a use where people gather for religious or spiritual purposes and may include rooms for childcare, social, administrative or food preparation functions. Planner means a person who is entitled to use the appellation MCIP or FCIP under the by -laws of the Canadian Institute of Planners. 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. Primary Development Area means the area generally corresponding to that portion of the City with existing municipal sewer and water as defined by the Municipal Plan and depicted on the Future Land Use Map (Schedule B) of the Plan. Private Club means a use where people gather for social, literary, cultural, political, educational or recreational purposes which is operated for the exclusive use of members and their guests, and may include the preparation of food, seating areas and meeting rooms, and may be licensed with a Club License under the NB Liquor Control Act. Progressive Rehabilitation means rehabilitation done sequentially, within a reasonable time, in accordance with the City of Saint John Zoning Bylaw regulations, the approved site plan and the conditions of the excavation permit during the period that aggregate is being excavated. Public Display means a structure that communicates to the public the meaning or significance of an area, feature, settlement, or site with regards to its cultural, historic, natural, or social importance for a non - profit purpose. Public Utility means any agency controlling, managing, operating, or owning an undertaking for the supply of electricity, natural gas or telecommunications. Public Water Supply means a surface or well water supply used for public consumption. Q Quarry means a work or undertaking for the purpose of opening up, proving, removing or extracting consolidated rock by means of an open excavation in order to supply it for construction, industrial and for manufacturing purposes and includes an open pit mine. ® DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones 1' ZoneSi R Race Track means a use 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. Recreation Facility, Indoor means a use within a building designed for athletic activities including facilities for swimming, health and fitness, and skating and may have outdoor sports fields associated with the building and may include secondary uses such as medical office, food services, personal services, and child care within the building. Recreation Facility, Outdoor means a use where land is used for non - motorized outdoor sports or athletic activities and may include change rooms, washrooms or shower facilities. Recreational Use means the use of land, buildings and structures for parks, playgrounds, tennis courts, lawn bowling greens, indoor and outdoor skating rinks, athletic fields, golf courses, boat and yacht clubs, picnic areas and swimming pools, and similar uses to the foregoing, together with necessary and accessory buildings and structures, but does not include commercial camping grounds nor a track for the racing of any form of motorized vehicles or any animals. 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. Recreational Vehicle Sales & Service, Large means the use of land, buildings, or structures, or part thereof, for the display and retail sale of travel trailers, recreational vehicles and power boats and other similar large -scale outdoor recreational equipment, which may include but not be limited to the servicing, repair, cleaning, painting and polishing and greasing of such vehicles and their transport- trailers and the sale of accessories and related products and the leasing or renting of such vehicles. Recreational Vehicle Sales & Service, Small means the use of land, buildings, or structures, or part thereof, for the display and retail sale of non - motorized watercraft, all- terrain vehicles, snowmobiles and other similar small - scale outdoor recreational equipment, which may include but not be limited to the servicing, repair, cleaning, painting and polishing and greasing of such vehicles and their transport- trailers and the sale of accessories and related products and the leasing or renting of such vehicles. Recycling Bins means a use containing unattended bins for the collection and temporary storage of recyclable materials including cardboard, paper, plastic, and metal and may include other household items. Recycling Facility means a use for the storing, baling or processing of scrap paper, bottle, rags, and metal but does not include a Scrap or Salvage Yard. Redemption Centre means a use where bottles, cans or other beverage containers are taken for reimbursement of the containers deposit and where all activities associated with the use take place inside the building. 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 that contains one or more businesses intended to serve the shopping needs of the Saint John region. Rehabilitation Centre means a use where people with alcohol, drug or similar addictions live under the care and supervision of professional health and counselling care providers. DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Rehabilitation means to treat land from which aggregate has been excavated so that the use or condition of the land is: (a) restored to its former use or condition; or (b) changed to another use or condition that is or will be R compatible with the use of adjacent land. Rehabilitation, Final means rehabilitation done in accordance with the City of Saint John Zoning Bylaw, the site plan, and the conditions of the excavation permit after the excavation of aggregate and the progressive rehabilitation, if any, has been completed. Research & Development Facility means a use where scientific research, investigation, testing or experimentation takes place within buildings for the development of advanced or information technology, prototypes, or manufacturing of advanced technology products and includes a wide variety of secondary uses relating to the operation including technical consulting, professional and legal services, laboratory, health & wellness, food services, printing services, meeting, conference, training and board rooms and other similar facilities. Restaurant an establishment where food is prepared and offered for sale to the public for consumption on or off -site. This use may include ancillary entertainment such as a dinner theatre, or catering services, and may be licensed with a Dining Room and or Lounge license under the NB Liquor Control Act. Retail, General means the retail sale of goods, wares, merchandise, substances, articles or things and may include the accessory storage and servicing of the retail goods. Retail Store is synonymous with "retail use" and means a building or part of a building in which new or used goods, wares, merchandise, substances, articles or things are offered for sale directly to the public at retail or wholesale value and shall include minor food processing and packaging in connection with the sale of food products, but shall specifically exclude the sale of cars, trucks, vans, heavy equipment or other motorized vehicles. Retail Warehouse means a use where goods requiring large floor areas for direct display are sold to the public and include such items as furniture, major appliances, building materials, or wholesale retail outlets. Retail, Convenience means an establishment where retail sale of those goods typically required by area residents or employees on a daily basis. Typical commodities include non - alcoholic beverages, confectionery, hardware, groceries, personal care items, pharmaceutical, printed material, and tobacco. 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. S Sales Centre, Model Home means a use where model and show homes are displayed for sales purposes for construction off -site. School (9 -12) means a secondary school use where students from Grade 9 to Grade 12 are taught the education curriculum and may include before and after school programs and all necessary secondary services such as cafeteria, library, administration, theatre, and gymnasium. School (K -8) means an elementary school use where students from Kindergarten to Grade 8 are taught the education curriculum and may include before and after school programs and all necessary secondary services such as cafeteria, library, administration, theatre. 0 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones ZoneSi Scrap or Salvage Yard means the use of land and buildings for the storage, wrecking, disassembling, refurbishing or handling of goods, machinery or motor vehicles, and may include a recycling facility, the retail sale of salvaged materials and outdoor storage. Secondary Suite means a secondary use to a one -unit dwelling where a second dwelling unit is established within the dwelling. Self- Storage Facility means a use where goods and personal items are stored inside separate compartments within a building of which each has a separate access. Service & Repair, Household means a use 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. This use does not include services that require the use of solvents or industrial processes to complete. Service & Repair, Industrial means a use where equipment, machines, or goods not including motor vehicles are repaired and serviced or maintained either indoors or outdoors and may include the ancillary sale of products associated with the service provided. Service Station means an establishment where fuel or lubricants are offered for sale and where services related to minor automobile repairs or maintenance, sale of convenience items, and a car -wash bay may be available, but shall not include a Vehicle Repair Garage, Vehicle Body & Paint Shop, Vehicle Sales & Leasing, or a Vehicle Rental use. 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 not including anything that is affixed to the inside of a glass door or window of a building. Special Event means a community event of a philanthropic nature that includes, but not limited to, a peaceful demonstration, parade, run, or walk. 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. Sports St Entertainment Facility means an indoor or outdoor facility used for entertainment purposes, such as but not limited to, sporting events, concerts, and outdoor exhibitions, and may include accessory food and beverage services. 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, and if there is no floor above it the portion between the top of such floor and the ceiling above. 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.. Street Line means the boundary line of a street right -of -way that forms the dividing line between a street and a lot. DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 0 Street or Road 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 to construct S the street to said standards has been provided for in accordance with the Subdivision By -law; or (b) a constructed thoroughfare that is maintained by The City of Saint John and used by the public on a year -round basis; or a private access approved by the Planning Advisory Committee under the authority of the Saint John Subdivision By -law and constructed to the standards prescribed by the Committee, or provision to construct the private access to said standards has been provided for in accordance with the Subdivision By -law; or (c) a constructed thoroughfare used by the public throughout the year that provides access to at least two abutting properties each containing a permanent main building occupied throughout the year and which is directly serviced by electricity and telephone from a public utility. 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. 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. Structure, Main means a structure intended to accommodate the main use or uses permitted on a lot. Supportive Complex means an establishment that provides mental, physical, or social care for nineteen or more persons living under 24 -hour supervision regulated by the Family Service Act. Supportive Facility means an establishment that provides mental, physical or social care for ten to eighteen persons living under 24 -hour supervision regulated by the Family Services Act. Supportive Housing means an establishment that provides mental, physical or social care to a maximum of nine persons living under 24 -hour supervision regulated by the Family Services Act. Swimming Pool means any accessory building or structure above or below grade that is designed to hold water to a minimum depth of one metre whether for bathing, reflecting or swimming, but does not include a structure used for landscaping, a storm water management pond or a watercourse or natural body of water. T Technical or Vocational School means a use where training or certification in a specific trade, service or skill is provided. Telecommunication Tower means any type of tower or facility regulated by the Federal Telecommunication Act, Radiocommunication Act or Broadcasting Act and administered by Industry Canada that is used to support one or more antennae for the purpose of telecommunications. Tentative Approval means tentative approval granted by the Development Officer for a proposed subdivision. Towing Service means a use where trucks are dispatched to transport disabled vehicles and includes the outdoor compound for the secure storage of towed vehicles and administrative functions associated with the use, but does not include a scrap or salvage yard. Transit Terminal means a transportation facility providing for the receiving and discharge of passengers traveling by, rail, water, bus, taxi or other vehicle, and may include accessory ticket offices, luggage checking, and may include the accessory transhipment of goods. ® DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones Transportation Depot means the use of land and buildings or structures for storing, servicing or repairing T equipment, trucks, buses or other vehicles and may include fuel storage and dispensing, training facilities and administrative functions associated with the use. Transportation Terminal means the use of land and buildings or structures for the facilitation of transportation - related services, via air, water, or land, and may include any assortment of goods or people. T University or College means a use where post- secondary education programs are provided for enrolled students by an education institution authorized in accordance with the Degree Granting Act of New Brunswick (R.S.N.B. 2011, c. 140) and includes dormitory, food, athletic, recreation, and other commercial services for students and staff as well as research facilities and administrative functions associated with the use. Use means the purpose for which land or a building or a structure, or any combination thereof, is arranged, designed, erected, intended, maintained, or occupied. Use of Land may also include 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; or as otherwise defined by the Community Planning Act. Use, Accessory or Incidental means a permitted use in a zone that is incidental, subordinate and exclusively devoted to the main use of the land, building or structure located on the same lot. Use, Conditional means a use of land, building and structure that is permitted subject to any term or condition imposed by the Planning Advisory Committee, and that may be prohibited by the Committee where compliance with an imposed term or condition cannot reasonably be expected. Use, Main means a permitted use in a zone that is the main and primary use of the land, building or structure located on the same lot. Use, Municipal Recreation means a lot containing a public recreational use of land maintained 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. Use, Non - Conforming means a use of any land, building or structure that is not permitted by this By -law but allowed to continue if such use existed on the day this By -law was enacted. Use, Permitted means a main, secondary or accessory use permitted in a zone including any permitted conditional use. Use, Secondary means a permitted use in a zone that is secondary to a main use of the land, building or structure. 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 Planning Advisory Committee, subject to any imposed term or condition, as being sufficiently similar to or compatible with a permitted use in that zone. Use, Temporary means a development that is otherwise prohibited by this By -law but has been authorized by the Planning Advisory 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. ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Utility Distribution Structure, Major means any above ground building or structure that is used for the provision and operation of energy, water or sanitary sewage systems or telecommunication service for public u consumption, benefit or use, but does not include a minor utility service building or structure. V Variance means a relaxation to a requirement of this By -law granted by the Development Officer or Planning Advisory Committee as authorized by the Community Planning Act. Vehicle Body and Paint Shop means a use where motor vehicle bodies and frames are repaired and /or painted. Vehicle Rental means a use where motor vehicles not exceeding one and one half tons capacity are rented to the public and may include minor servicing, repair or cleaning of vehicles, and administrative functions associated with the use. Vehicle Repair Garage means an establishment for the repair of automobiles, trucks not exceeding one and one -half ton capacity, motorcycles, snowmobiles and other vehicles; the retail sale, installation, servicing or machining of automotive parts and accessories; and drive - through vehicle inspection, repair, servicing and cleaning facilities. This term refers to uses such as alignment, muffler, automotive glass, transmission repair, vehicle upholstery, tire, inspection and car washes, but does not include a Vehicle Body and Paint Shop. Vehicle Sales & Leasing means an establishment where new and /or used vehicles, not exceeding one and one half tons, are sold or leased, and may include an incidental Vehicle Repair Garage allowing for on -site servicing, repair, cleaning, polishing of vehicles as well as the sale of auto accessories and related products. Veranda means a roofed structure attached to the exterior of a building with at least one side containing no wall. Veterinary Clinic means a use within a wholly enclosed building or part thereof, where domestic animals or household pets are provided treatment by a veterinarian and includes temporary indoor accommodation related to treatment and /or recovery of animal patients, but does not include any outdoor facilities such as kennels, pen runs and enclosures. W Walking Trail means an area of land maintained as a public walking trail for a non - profit purpose. Walkway means, when satisfying a requirement of this By -law or a condition imposed by Common Council, the Planning Advisory Committee or the Development Officer, a pedestrian passage constructed with a surface consisting of concrete or brick pavers, or a combination thereof, but does not include gravel or asphalt. Warehouse Facility means a use where goods or items are stored and packaged inside a building including the transport of goods to and from the building and may have administrative functions related to the use, but does not include the manufacturing, display or sale of goods. Distribution Facility is a separate use. Wastewater Treatment Facility means a use where wastewater is collected, treated, and disposed of. Water Treatment Facility means a use where water is collected, treated, and distributed as drinking water to customers. IQ DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones ZoneSi PROPERTY INE A <\ d m D F I � /•/ (A) Front Yard Setback Requirement (B) Flanking Yard Setback Requirement (C) RearYard Setback Requirement (D) Side Yard Setback Requirement Y Yard means that part of a lot unoccupied by any building or structure. Yard, Flankage means the side yard of a corner lot abutting a street. 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. 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. 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. 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. Z Zone means a designated area of land use shown on the Zoning Map of this By -law. Zone, Commercial means any zone denoted in this By -law as: Local Commercial (CL), General Commercial (CG), Mixed Commercial (CM), Corridor Commercial (CC), Regional Commercial (CR), Uptown Commercial (CU), Waterfront Commercial (CW -ID), Business Park Commercial (CBP), Campus Research Commercial (CRC), Adult Entertainment Commercial (CAE), or Rural General Commercial (CRG). Zone, Community Facility means any zone denoted in this By -law as: Neighbourhood Community Facility (CFN) or Major Community Facility (CFM). DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 0 Zone, Industrial means any zone denoted in this By -law as: Light Industrial (IL), General Industrial (IG), Heavy Industrial (IH), Utility Service Industrial (US), Transportation (T), Pit & Quarry Industrial (PQ), or Rural Industrial 1 Landfill (USQ. 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). 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 (R1), Suburban Residential (RSS), Mini -Home Park Residential (RP), Rural Settlement Residential (RS), or Rural Residential (RR). 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. ® DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 ZoneSj 4.1 GENERAL ACCESS PROVISION No access may be constructed, installed or used unless it is in conformity to all the requirements of this Section. 4.1.1 ACCESS FOR RESIDENTIAL PURPOSES (a) In this Section: (i) Access means an access or exit from a street to a lot used for a residential purpose; (ii) Lot means a lot or part lot; and (iii) Residential Purpose means a dwelling containing less than five dwelling units. (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 5 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. d) No access shall 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) No portion of an access shall be located in a required front or flankage yard which has a width that is the greater of: (i) 6 metres or 30 percent of the lot frontage measured at the street line for a one -unit, two -unit or multiple dwelling (containing less than five dwelling units) on a lot with a frontage of 15 metres or more; (ii) 5 metres or 40 percent of the lot frontage measured at the street line for a one -unit, two -unit or multiple dwelling (containing less than five dwelling units) on a lot with a frontage of less than 15 metres; or (iii) 4 metres or 50 percent of the part lot frontage measured at the street line for a dwelling unit in a semi - detached or townhouse dwelling. 0 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Ci`�t2 ZoneSj 'El ABE (f) Notwithstanding subsection 4.1.1 (e) above, 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 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. (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 Section: (i) Access means an access or exit from a street to a lot used for a commercial purpose; (ii) Commercial Purpose means any use of land or building or portion of a building except a dwelling containing less than five dwelling units; (iii) Lot means a lot or part 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. (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: (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 Manawagonish Road Broad Street Manchester Avenue Chesley Drive Millidge Avenue City Road McAllister Drive Crown Street Retail Drive Douglas Avenue Rothesay Avenue Fairville Boulevard Russell Street Grandview Avenue Somerset Street King William Road Station Street Lancaster Avenue Thorne Avenue Loch Lomond Road Water Street; or ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 4.1 (ii) When the access is provided to a 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) No portion of an access shall be located in a required front or flankage yard that has a width greater than 9 metres for two -way operation or 7 metres for one -way operation measured at the street line. (g) Notwithstanding subsection 4.1.2 (f) above, no access anywhere on a lot in a RC Zone shall have a width greater than 4.5 metres. (h) Access widths mentioned in clause (f) above may be increased to 12 metres for two -way operation and 9 metres for one -way operation where: (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. (i) No access shall meet the travelled portion of the abutting street at an angle of less than 60 degrees. 0) No access shall be constructed, installed or used closer to a lot line than: (i) 3 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 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 Section 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. a) DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Ci`�t2 ZoneSj C G`va ABE ZonrSj 4.2 GENERAL PARKING PROVISIONS (a) Subject to this Section, 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. Use Minimum Number of Required Parking Spaces Accommodation 1 per guest room plus 1 per 20 square metres of banquet or conference room Adult Entertainment Facility 1 space per 10 square metres Air Transport Facility N/A Animal Shelter 1 space per 35 square metres Artist or Craftsperson Studio 1 space per 30 square metres Asphalt Plant 1 space per 50 square metres Auction Facility 1 space per 50 square metres Auction House 1 space per 30 square metres Bakery 1 space /30 square metres Banquet Hall 1 space per 20 square metres Bar, Lounge, or Nightclub 1 space per 10 square metres Bed & Breakfast 1 per guest room Bulk Fuel Storage Depot 1 space per 50 square metres Business Office 1 space per 50 square metres Business Support Service 1 space per 30 square metres Car Wash 1 space per 50 square metres Catering Service 1 space 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 space per 50 square metres Community Arena greater of 1 per 20 square metres or 1 per 10 seats Community Centre 1 space per 20 square metres Community Garden N/A Community Policing Office 1 space per 50 square metres Compost Facility 1 space per 50 square metres Concrete Plant 1 space per 50 square metres Conference or Convention Centre 1 space per 20 square metres Contractor Service, Household 1 space per 50 square metres DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 4.2 / , Correctional Services 1 space per 65 square metres Crisis Care Facility 1 space per employee Cultural Establishment 1 space per 20 square metres Day Care, Centre 1 per 5 children Day Care, Home 1 per day care Day Care, Neighbourhood 1 per 5 children Distribution Facility 1 per 200 square metres for first 2,000 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 Electrical Generation Station 1 space per 50 square metres Equipment Sales & Leasing, Heavy 1 space per 50 square metres Equipment Sales & Leasing, Light 1 space per 50 square metres Exhibition Grounds 1 space per 50 square metres Financial Service 1 space per 30 square metres Fleet Services 1 space per 50 square metres PLUS 1 space for each vehicle stored on -site Funeral Service 10 spaces plus 1 space per 20 square metres Garden Centre 1 space per 25 square metres of retail display, sales and office area plus 1 space per 100 square metres of warehouse Garden Suite 1 per suite General Contracting Service 1 space per 50 square metres General Industrial Use 1 space per 50 square metres Government or Utility Works Depot 1 space per 50 square metres Grocery Store less than 5,000 square metres:1 per 30 square metres greater than 5,000 square metres: 1 per 25 square metres Harbour Facility 1 space per 50 square metres Health & Fitness Facility 1 space per 25 square metres Health Services Laboratory 1 space per 50 square metres Heavy Industrial Use 1 per 100 square metres Home Occupation 2 per home occupation or nil for a permitted home home occupation in converted or multiple dwelling Hospital 1 space per 25 square metres Instructional Service 1 per 25 square metres Kennel 1 space per 35 square metres Land for Public Purposes N/A Landfill 1 space per 50 square metres DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Zones G`l"d ABE Landscape Material Supply 1 space per 50 square metres of Light Industrial Use 1 space per 50 square metres Marshalling Yard 1 space per 50 square Massage Parlour 1 space per 20 square metres Medical Clinic 1 space per 20 square metres Microbrew Pub 1 space per 10 square metres Minor Utility Service Building or Structure N/A Moving Service 1 per 50 square metres plus 1 for each vehicle stored on site Park or Playground 2 per 4,047 square metres of land Personal Service 1 space per 30 square metres Pet Care Service 1 space per 30 square metres Pit 1 space per 50 square metres Place of Worship 1 space per 10 square metres Private Club 1 space per 20 square metres Public Display N/A Quarry 1 space per 50 square metres Recreational Facility, Indoor greater of 1 per 20 square metres or 1 per 10 seats Recreational Facility, Outdoor 5 per 4,047 square metres of land Recreational Vehicle Sales & Service, Large 1 per 30 square metres plus 2 per service bay and 1 per inventory vehicle Recreational Vehicle Sales & Service, Small 1 per 30 square metres plus 2 per service bay and 1 per inventory vehicle Recycling Facility 1 space per 50 square metres Redemption Centre 1 space per 30 square metres Rehabilitation Centre 1 space per 65 square metres Research & Development Facility 1 space per 50 square metres Restaurant 1 space per 10 square metres Retail, Convenience 1 space per 25 square metres Retail, General less than 5,000 square metres:1 per 30 square metres greater than 5,000 square metres: 1 per 25 square metres Retail, Warehouse less than 5,000 square metres: 1 per 30 square metres greater than 5,000 square metres: l per 25 square metres School (K -8) 1 per employee plus 1 per 20 square metres of auditorium School (9 -12) 1 per employee plus 1 per 35 students and 1 per 20 square metres of auditorium Scrap or Salvage Yard 1 space per 50 square metres Self- Storage Facility Service & Repair, Household ZonrSj 1 space per 50 square metres of office use 1 space per 30 square metres DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 DDGENERAL PARKING PROVISION GAwv Aw Service & Repair, Industrial 1 per 30 square metres plus 2 per service bay and 1 per inventory vehicle Service Station 3 per service bay plus 1 per 50 square metres Secondary Suite 1 per suite Special Industrial Use 1 space per 50 square metres Sports & Entertainment Facility greater of 1 per 10 seats or 1 per 20 square metres Storm Water Management Pond N/A Supportive Complex 1 space per 6 residents Supportive Facility 1 space per 6 residents Supportive Housing 1 per 3 residents Technical or Vocational School 1 per 40 square metres plus 1 per 20 square metres of auditorium Telecommunication Tower N/A Towing Service 1 space per 50 square metres Transition Housing 1 space per 65 square metres Transportation Depot 1 space per 50 square metres Transit Terminal 1 space per 50 square metres Transportation Terminal 1 space per 50 square metres University or College 1 per 40 square metres plus 1 per 20 square metres auditorium Utility Distribution Structure, Major 1 space per 50 square metres Vehicle Body & Paint Shop 5 spaces per service bay Vehicle Rental 1 per 30 square metres of office area plus 1 per inventory vehicle Vehicle Repair Garage 3 per service bay plus 1 per 50 square metres of additional floor area Vehicle Sales & Leasing 1 per 30 square metres of office area plus 1 per inventory vehicle Veterinary Clinic 3 spaces per practitioner Walking Trail N/A Warehouse Facility 1 per 200 square metres for first 2,000 square metres plus 1 per 500 square metres more than 2,000 square metres Wastewater Treatment Facility 1 space per 50 square metres Water Treatment Facility 1 space per 50 square metres Other Use same as a listed use that has a sufficiently similar parking expectation .� DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 ZoneSi ABE'El BE (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 aggregate of spaces required for each use. (d) When more than 200 on -site parking spaces are required by this Section the total amount of parking spaces that can be provided on the lot shall not exceed 125 percent of the minimum requirement. (e) Notwithstanding clause (d) above, a change of use involving an existing building or portion of an existing building is permitted in accordance with Section 4.2.1 (a) below. 4.2.1 PARKING EXCEPTIONS (a) Nothing in this By -law shall require additional parking spaces for a change of use involving an existing building or portion of an existing building if this Section requires the same or more parking spaces for the previous use that existed in the same building or portion of the existing building. (b) Nothing in this By -law shall require additional parking spaces 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. (c) 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. -P&Wsj 4.2.2 PARKING RESTRICTION -P&WSj Notwithstanding any other provision in this By -law, when an existing building is demolished on a lot located in the Uptown Parking Exemption Area as defined by Schedule C the lot shall not be developed into a commercial surface parking lot. ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Uva 4.2.3 PARKING SPACE AND AISLE DIMENSIONS Each on -site parking space shall have dimensions not less than the following: Parallel 300 450 600 900 Minimum Stall Width 2.7 metres 2.7 metres 2.7 metres 2.7 metres 2.7 metres Minimum Stall Depth 6.7 metres 5.0 metres 5.5 metres 5.5 metres 5.5 metres Minimum Aisle Width 3.5 metres 3.5 metres 4.0 metres 5.5 metres 6.0 metres (one -way) 6 metres (two -way) Minimum Height Clearance 2.0 metres 2.0 metres 2.0 metres 2.0 metres 2.0 metres Parallel Parking 30° Parking 45° Parking 60° Parking 90° Parking 4.2.4 BARRIER FREE PARKING Sj; (a) When five or more on -site parking spaces are required by this Section the following number of barrier free parking spaces shall be provided: Minimum Number of Required Minimum Number of Required Parking Spaces Barrier Free Parking Spaces 5 to 25 1 26 to 50 2 51 to 75 76 to 100 101 to 150 151 to 200 0 �0 L'r For every additional 100 spaces 1 or portion thereof over 200 ns, DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones ABE'El BE (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. 4.2.5 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. (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 shall not have more than thirty parking spaces arranged in a row without a break by a vehicle driveway or landscaped pedestrian strip having a minimum width of one metre. (g) A parking lot involving sixty or more parking spaces shall include one or more landscaped islands equal to 2 square metres for each parking space and such island or islands shall be enclosed with permanent continuous cast -in -place concrete curbing. (h) A parking lot shall not be provided in any landscaped area required by Section 6 or within: (i) 3 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 Section 4.1.2; or (ii) 1.5 metres of a side and rear lot line in all other cases. (i) 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. ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Go b,"'20, GENERAL LOADING PROVISION b,"'20, 4.3 GENERAL LOADING PROVISIONS (a) Subject to this Section, 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. (b) For any purpose mentioned in clause (a) above, 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. Total Gross Floor Area Minimum Number of Loading Spaces Required Up to 300 square metres nil 301 to 2000 square metres 1 2001 to 5000 sauare metres 2 5001 to 9000 square metres For every additional 5000 square metres 1 additional space or portion thereof (c) Notwithstanding clause (b) above, 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 traff ic on an adjoining lot or street. (i) Every loading space shall be developed and maintained in the same manner as required by Section 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. 0 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones ABE'El BE ZoneSi 4.4 DRIVE -THRU FACILITIES (a) Subject to this Section, on -site queuing 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 with a drive -thru facility. (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 Minimum Number of Queue Spaces Required Auto Service 2 inbound for each service Car Wash, Automatic 5 inbound Car Wash, Self -Serve 2 for each car wash stall Restaurant, Fast Food 14 inbound for each service window and 1 outbound for each service window Financial Institution 4 inbound for each service window Pharmacy 3 inbound for each service window Other 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 3 metres, a minimum depth of 6 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) 3 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 Section 4.1.2; or (ii) 1.5 metres of a side and rear lot line in all other cases. (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 Section 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. DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Aft 4.5 BICYCLE PARKING 1p&nsj (a) Subject to this Section, 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 involving 25 or more dwelling units in a building or any non - residential development having a gross floor area of 10,000 square metres or more, or both. (c) Notwithstanding clause (b) above, 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) Bicycle parking spaces for a development mentioned in clause (b) above shall be provided in the following manner: (i) A minimum of 0.3 bicycle parking spaces for each dwelling unit; and (ii) A minimum of 2 bicycle parking spaces or 7 percent of the required number of vehicular parking spaces required for the non - residential development, whichever is greater. (e) Notwithstanding Section 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: (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 shall have a minimum depth of 3 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 lot aisle or other vehicular circulation lane, or service lane to a loading area. (g) Notwithstanding Section 5.1(b), 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. QDRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones GENERAL PROVISIONS: ACCESSORY BUILDINGS AND STRUCTURES CD 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 Section. (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 an Industrial lot not exceeding one storey in height or 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 requirements. Minimum Side Yard RU Zone RS and RR Zones Commercial and Industrial Zones All other zones Minimum Rear Yard RU Zone RS and RR Zones Commercial and Industrial Zones All other zones Maximum Cumulative Ground Floor Area 8 metres 6 metres 3 metres 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 8 metres 6 metres 3 metres 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 Notwithstanding any lot occupancy standard of this By -law, the greater of: 70 square metres, or Residential Zones, P and RU Zones 6.5 percent of the lot area but no individual accessory building All other zones or structure shall exceed 120 square metres limited by the lot occupancy standard for that zone Maximum Height RC, RH, RM, RL, R2, R1, and RP Zones 6 metres All other zones 8 metres ,I DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones F//F"- ZoneSj Fence 5.2 FENCES Notwithstanding anything else in this Section, a fence is permitted in any zone subject to the following requirements: (a) The fence shall not exceed a maximum height of 2 metres in a Residential Zone or 2.5 metres in any other zone, except that any fence within 2 metres of a street line shall not exceed a maximum height of 1 metre in any zone; (b) The 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; and (c) The fence may be installed anywhere on a lot. 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 a lot in a Residential Zone, the abutting lot shall be screened from the parking 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 clause (a) above shall have a minimum height of 1 metre; and (c) Notwithstanding the above, the parking lot may also be screened in accordance with Section 6.10), or by any combination of permitted structures, berms or landscaping. M, Wrl_113_[o14 Vl41 1111111il1;141 Except as otherwise provided by this By -law, when outdoor storage of garbage is developed on a lot in any zone not involving a residential building with less than five 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 clause (a) above, including any gate, shall have a minimum height of 1.5 metres; and (c) The enclosure shall not occupy any required front or flankage yard, or any area required for amenity or parking. DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 0 POP Except as otherwise provided by this By -law, when outdoor storage is developed within 15 metres of a 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; (b) The enclosure required by clause (a) above, including any gate, shall have a height of 2 metres when located in a Residential Zone or 2.5 metres when located in any other zone; (c) The enclosure shall not occupy any required front or flankage yard, or any area required for amenity or parking; and (d) Notwithstanding the above, an outdoor storage area may also be enclosed with landscaping in accordance with Section 6.1(k), or by any combination of permitted structures, berms or 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 within a flankage, front or side yard in a Residential Zone or within a required flankage, front or side yard in any other zone; (c) The pool shall not be closer than 2 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 clause (d) above 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 sub clause (ii) above; (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; (ii) A main building or structure enclosing the entire pool provided the main building or structure satisfies the requirements of clause (e) above 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 clause (e) above and does not allow unobstructed access to the pool; or (iv) Any combination of the above. Is DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones F/P zo",Psj 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. DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Q M C 6.1 GENERAL LANDSCAPING PROVISIONS (a) Subject to this Section, landscaping shall be provided and maintained as indicated in this Section 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 on a lot 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. (f) Ina Commercial Zone the following areas on a lot 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 (iii) All other areas not occupied by a building, structure, parking area, driveway, walkway, or amenity space. (g) In an Industrial Zone the following areas on a lot 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. (h) In a Community Facility Zone the following areas on a lot 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. 0 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 ZoneSj (i) In the FD and RU Zones the following areas on a lot 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 a lot in a Residential Zone, the abutting lot shall be screened from the parking lot in accordance with the following: (i) Trees, shrubs or hedges, or any combination thereof, shall be planted and maintained in order to create a vegetation screen having a minimum depth of 2 metres; (ii) The screen required by clause (i) above shall have a minimum height at the time of planting of 1 metre in accordance with subsection 6.1.2(d) below; and (iii) Notwithstanding the above, the parking lot may also 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 a 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, trees, shrubs or hedges, or any combination thereof, shall be planted and maintained in order to create a perimeter of vegetation having a minimum depth of 2 metres completely around the storage area; (ii) The vegetation perimeter required by clause (i) above shall have a minimum height at the time of planting of 2 metres when located in a Residential Zone or 2.5 metres when located in any other zone accordance with subsection 6.1.2(d) below; and (iii) Notwithstanding the above, the outdoor storage area may also 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. ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 ®i M 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 15 centimetres after compaction and the seeding or sodding thereof. (c) Any required landscaping of a required front or flankage yard in a Commercial, Industrial or Community Facility Zone shall include the planting of trees and or shrubs at a minimum rate of 1 tree and or shrub for every 45 square metres of required yard. (d) Any landscaping involving trees and or shrubs for screening purposes shall include the planting of at least 3 separate rows where the trees or shrubs of each row are offset from the trees or shrubs of the other rows in a manner that obscures visibility through the entire rows of vegetation. (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; and (ii) 5 centimetre calliper for a larger deciduous tree. (f) At the time of planting the minimum size for a coniferous tree used in required landscaping shall be: (i) 1.5 metre of height for a smaller coniferous tree; and (ii) 2 metre of height for a larger coniferous tree. (g) At the time of planting the minimum height or spread of a shrub used in required landscaping shall be 60 centimetres. (h) 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. 0 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 r ZoneSj zones 6.3 AMENITY SPACE (a) Subject to this Section, a total amenity space having a minimum area based upon 5 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, may be used privately or in common, and may be 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 6 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. DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 7.0 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 Section; however, 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; (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 or painted wall sign; (iii) One projecting sign provided the total sign face area does not exceed the maximum sign face area standard for the zone, but no projecting sign shall be permitted when there is a wall or painted wall sign; (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 or projecting sign; and (vi) In addition to the above signs, all other signs permitted by this Section may also be placed, erected or displayed provided such signs are in accordance with the provisions of this Section. (c) Every face of a sign shall be considered a separate sign area for the purposes of this Section. (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. 0 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 E SIGN ZoneSj -VI 12n SIGN 7.2 DEFINITIONS In this Section: Billboard means a ground sign that displays third -party advertising. Directional Sign means a sign directing vehicles or pedestrians to an access or driveway on a lot. Entrance Identification Sign means a sign that is placed over an entrance of a building or structure that identifies such entrance or a service area, and may include the logo or name of the business or organization to which the entrance provides access. Ground Sign means a sign structure that is permanently attached to the ground and supported by one or more posts or other similar means. Intermittently Illuminated Sign means a lighted sign where the sign copy is displayed at intervals, and includes, but not limited to, electronic or digital signs. Illuminated Sign 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. Message Duration means the period of time that sign copy is displayed. Message Transition means the period of time between the changing of sign copy. Neighbourhood Identification Sign means a ground sign that identifies a residential neighbourhood or subdivision. Nit means a unit of illuminative brightness equal to one candle for each square metre measured perpendicular to the rays of the source. Point -of- Purchase Sign means a sign that is usually not visible from a street which is intended to advertise goods available for sale from a building on a lot, and includes, but not limited to, a take -out menu board for a restaurant. Projecting Sign means a sign structure attached to a building or structure that projects more than 0.5 metres but less than 3 metres from the main wall of the building or structure. Public Transit Sign means a sign attached to a public transit shelter or affixed to a transit bus. Real Estate Sign means a sign advertising the sale, rent or lease of a premise on the lot where the sign is located. ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 7.2 Roof Sign means a sign structure attached on top of the roof cornice of a building or structure. Sign Copy means any colour, graphic, logo, image, message, numeral, picture, symbol, text, or word, or any combination thereof, displayed on a sign face. Sign Face Area means the total area in which the sign copy is located. The sign face area shall be considered to be 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. 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. Sign Height (a) in the case of a ground sign means the vertical distance from grade to the top of the highest part of the sign, including any supporting framework or bracing, (b) and in the case of a wall or projecting sign means the vertical distance from the bottom of the sign structure to the top of the sign structure inclusive of any frame or border. 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. Temporary Sign means a mobile sign structure that is designed in such a manner that it can be readily relocated to provide advertising at another location. Third -Party Sign means any type of sign that advertises goods, products or services not located, sold or provided on the same lot as the sign. Wall Sign 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. 0 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 ZoneSj 12S. n SIGN 7.3 SIGN PERMIT APPROVAL (a) Except as otherwise provided by this By -law, no person shall erect, display, alter, or relocate a sign without obtaining a building permit which has been approved by the Development Officer, and no building permit shall be approved by the Development Officer unless the sign complies with the provisions of this Section. (b) 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; (iii) Stating the nature and or purpose of the proposed sign; (iv) Illustrating the location, extent and layout of the proposed sign on one or more plans drawn to scale; (v) Illustrating the details and dimensions of the sign structure and the components of the sign with respect to the sign copy and sign face area; and (vi) Including such other information as may be required by the Development Officer to ascertain whether the proposed sign conforms to the requirements of this By -law, including information about any existing sign and its dimension and location. (c) Notwithstanding clause (a) above, no building permit approval by the Development Officer shall be required for the change of sign copy of an existing sign provided the sign copy area is not increased and does not become a third -party sign unless permitted by this Section. ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 7.4 7.4 SIGNS PERMITTED IN ALL ZONES Notwithstanding any other provision of this By -law except for subsection 7.5, 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 2 square metres when located on a lot ina Residential Zone or 3 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 3 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; (iv) The sign shall not exceed a maximum height of 1.5 metres; and (v) The sign shall have a minimum setback of 2 metres from a front, flankage or side lot line, and a minimum setback of 1 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, 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; (i) A memorial or foundation sign on a building; Q) 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 taxi -cab. is DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 ZoneSj 12S. n SIGN 7.5 SIGNS PROHIBITED IN ALL ZONES Except as otherwise provided by this By -law, no person shall erect a sign that is not in compliance with this Section and the following: (a) A sign placed upon the ground shall not be temporary but be permanently affixed to the ground or a building or structure (i.e., temporary or mobile sign); (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 (i.e., electronic sign); (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; (i) 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 Section, 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. ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Q IVJ 7.6 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 CR, CRC, IL, IG, IH, PQ or RU Zone; (b) A billboard sign shall not exceed a sign face area having a length greater than 10 metres or a height greater than 4 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 area length does not exceed 15 metres; (e) Notwithstanding clause (b) above, the sign face area of a billboard may be increased to a maximum height of 6 metres provided the width does not exceed 4 metres in the case of a single panel or 8 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. 7.7 CANOPY SIGNS A canopy sign may be placed, erected or displayed subject to the following requirements: (a) Shall only be permitted in a Commercial, Industrial or Community Facility Zone; (b) Shall be attached to or painted or placed upon an awning, canopy or marquee of a building; (c) 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 shall have a minimum clearance of 2.5 metres above the sidewalk or walkway; and (e) When projecting over a sidewalk or walkway shall have a maximum projection of 1 metre. 7.8 GROUND SIGNS 0 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 ZoneSj -VI 12n SIGN 7.8 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: Residential Zones and others I (1) Home Day Care, Home Occupation or 0.5 square metres for each face Supportive Housing 1 square metre total of all faces (2) Crisis Care Facility, Day Care Neighbourhood, 1 square metre for each face Rooming House, or Supportive Facility 2 square metres total of all faces (3) Bed & Breakfast or the following in a RH Zone: Day Care, Convenience Retail, Health & Fitness Facility, Medical Clinic, Personal Service, or Restaurant (4) Other (5) CL Zone (6) CG, CM, CBP, CAE, and CRG Zones (7) CU, CW and CRC Zones (8) CC Zone (9) CR Zone (10) IL, IG, IH, US, T, PQ and USL Zones (11) CFN Zone (12) CFM Zone (13) P, EP and RU Zones ZoneSi 1.5 square metres for each face 3 square metres total of all faces 0.25 square metres for each face 0.5 square metres total of all faces 3 square metres for each face 6 square metre total of all faces 6 square metres for each face 12 square metre total of all faces 7.5 square metres for each face 15 square metre total of all faces 11 square metres for each face 22 square metre total of all facesl 19 square metres for each face 38 square metre total of all faces 11 square metres for each face 22 square metre total of all faces 5 square metres for each face 10 square metre total of all faces 7.5 square metres for each face 15 square metre total of all faces 3 square metres for each face for each main non - residential use, building or structure 6 square metre total of all faces for each main non - residential use, building or structure; DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 GENERAL PROVISIONS: SIGNS IM (b) All ground signs shall be located no closer to a street line than the lesser of: (i) 3 metres; or (ii) The minimum required front or flankage yard for the zone; and (iii) No closer to a side or rear lot line than 1.5 metres; and (c) The height of a ground sign shall not exceed the maximum height permitted in the zone where the sign is located. 7.9 PROJECTING SIGNS A projecting sign may be placed, erected or displayed in a Commercial, Industrial or Community Facility Zone subject to the following requirements: (a) The projecting sign shall not exceed a total sign face area of 4 square metres in the CU and CW Zones or 6 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 (c) The projecting sign shall have a minimum clearance of 2.5 metres above the grade. I DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones -VI � 7.10 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: (1) Home Day Care, Home Occupation or 0.5 square metres for each face Supportive Housing (2) Crisis Care Facility, Day Care Neighbourhood, 1 square metre for each face Rooming House, or Supportive Facility (3) Bed & Breakfast or the following in a RH Zone: Day Care, Convenience Retail, Health & Fitness Facility, Medical Clinic, Personal Service, or Restaurant (4) Other (5) CL Zone (6) CG, CM, CBP, CAE, and CRG Zones (7) CR Zone (8) CU, CW and CRC Zones (9) IL, IG, IH, US, T, PQ and USL Zones (10) CFN Zone and CFM Zones (11) P, EP and RU Zones 1.5 square metres for each face 0.25 square metres for each face 0.4 square metres per metre of lot frontage 0.7 ssquare metres per metre of lot frontage 0.7 square metres per metre of occupied building frontage for every business with an external public entrance 1 square metre per metre of occupied building frontage for every business with an external public entrance 0.7 square metres per metre of lot frontage 0.6 square metres per metre of lot frontage 0.5 square metres per metre of lot frontage for each main non - residential use, building or structure ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 7.11 (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; (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 (f) A sign located in the CAE Zone shall not be illuminated intermittently or incorporate any type of flashing lights. 7.11 OTHER SIGNS 7.11.1 CONSTRUCTION SIGNS Except for subsection 7.5, 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 is removed within 14 days after completion of the work. 7.11.2 ELECTRONIC MESSAGE BOARD SIGNS Notwithstanding subsection 7.5(h) 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) The message duration shall be a minimum of 10 seconds; (c) The message transition shall not be less than 1 second and be limited to the message fading in and out; (d) The message shown on the electronic message board sign shall not flash or scroll; and (e) The maximum brightness of the electronic message board sign shall be 5000 nits during daytime and 500 nits during nighttime. 7.11.3 HOME OCCUPATION SIGNS A home occupation shall be limited to a maximum of one sign. 0 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 r//- IM ZoneSj S. i 7.11.4 NEIGHBOURHOOD IDENTIFICATION SIGNS Except for subsection 7.5, 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 area; (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 3 square metres and a maximum height of 2 metres; and (e) The neighbourhood identification sign shall not be lighted from within the sign structure. 7.11.5 RESIDENCE SIGNS Notwithstanding subsection 7.5(h) 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) 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 2 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 2 metres; and (e) The sign shall not be lighted from within the sign structure. 7.11.6 TRINITY ROYAL PRESERVATION AREA SIGNS Notwithstanding subsection 7.5 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 1 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. ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Q �' IJ 400 8.1 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 2 metres into a required flankage, front or rear yard; (c) A cantilevered floor that does not project more than 2 metres into a required flankage, front or rear yard or that does not project more than 1 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 1 metre into any required yard; (e) A door or window awning that does not project more than 1.2 metres into any required yard; (f) A fire escape or exterior staircase, with or without a balcony, that does not project more than 2 metres in any required flankage, front or rear yard; (g) A fire escape or exterior staircase authorized under the Saint John Minimum Property Standards By -law that projects into any required yard; (h) A lifting device or wheelchair ramp that projects into any required yard; (i) An ornamental planting, retaining wall or other similar landscaping in any required yard; and (j) A step only providing access to the first storey level of a building or structure that projects into any required yard. 8.2 DISTANCE TO PUBLIC WATER SUPPLY -Pr nsj 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. 0 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones 8.4 EXCEPTIONS RESPECTING YARDS (a) 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 existing 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 existing main buildings; or (ii) Where there is only one existing 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 minimum front yard requirement and the distance between the street line and this existing main building; or (iii) In the case of a corner lot, where there is an existing main building within 30 metres of the subject main building that encroaches into the required front yard on the adjacent lot abutting the flanking street, the average of the minimum flankage yard requirement and the distance between the street line and this existing main building. (b) 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: (i) Where there are existing 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 existing accessory buildings; or (ii) Where there is only one existing 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 minimum front yard requirement and the distance between the street line and this existing accessory building; or (iii) In the case of a corner lot, where there is an existing accessory building within 30 metres of the subject accessory building that encroaches into the required front yard on the adjacent lot abutting the flankin street, the average of the minimum flankage yard requirement and the distance between the street line and this existing 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. ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 1!Mj 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 (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 I ndustrial Zone: (a) Any repair or renovation of the building containing the residential use; 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 or townhouse dwelling may be further subdivided into part lots at the common wall provided: (a) The common wall is in compliance 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, a 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. Is DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones 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 is permitted regardless of its height provided all other applicable provisions of this By -law are satisfied. 8.11 LIGHTING FACILITIES No lighting facility 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; Q) Public Display; (k) Railroad; (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 5 metres or greater. ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 �I 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 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 integrity of the building and the safety of its occupants. 8.16 STREETS AND SERVICING (a) Except as otherwise provided by this By -law, a building 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 building permit for a main building or structure not satisfying the requirements of paragraph (a) shall only be issued when authorized by Council under Section 2.8.2. 8.17 VEHICLE BODIES Except as otherwise provided by this By -law, a 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. 0 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones r VIII lL Zonesi i i s DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 � GENERAL PROVISIONS: USES PERMITTED IN MULTIPLE ZONE 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 open storage is only permitted in an Industrial Zone. 9.2 BED & BREAKFASTS POWs] Where permitted by this By -law, a one -unit dwelling may also contain a bed & 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 & breakfast; (c) The lot of the bed & breakfast shall be at least 200 metres away from the lot of an existing bed & breakfast if both are in a Residential Zone; (d) Except for a sign permitted in Section 7, there shall not be any change to the exterior appearance of the building that would indicate a bed & breakfast is in the building; (e) In accordance with Section 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; (f) The bed & breakfast shall be established and maintained in compliance with the Saint John Building By -law; and (g) 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 unlicensed or derelict vehicle to remain in any yard, or a contractors' machinery or equipment to remain outside of a building. DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones ZonrSj 9.4 CONVERTED DWELLINGS Where permitted by this By -law, a one -unit or two -unit dwelling located on a lot in the Primary Development Area may be converted into a two -unit or a multiple dwelling with a maximum of six dwelling units subject to the following requirements: (a) The building shall have been erected before January 1, 1967 as a one -unit 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 Section 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; (f) The converted dwelling shall be established and maintained in compliance with the Saint John Building By -law; and (g) No bed & breakfast, garden suite, home day care, neighbourhood day care, secondary suite, or supportive housing is permitted in any building on the lot. DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Mri 9.5 DAY CARES (a) Where permitted by this By -law, a one -unit, two -unit, semi - detached, townhouse, or 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 Section 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 Section 4, there shall be at least one on -site parking space in addition to those required for any other uses of the lot; (vi) The home day care shall be established and maintained in compliance with the Saint John Building By law and with a valid license under the Family Services Act; and (vii) No bed & 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: -P67zSJ (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 community facility such as a church, community centre, park, school, the lot of the neighbourhood day care centre shall be at least 200 metres away from the lot of an existing 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 in width and 4.9 metres in depth shall be provided for every five children involved in the day care centre; (vi) Except for a sign permitted in Section 7, there shall not be any change to the exterior appearance of the building that would indicate a day care is in the building; (v) In accordance with Section 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; (vi) The neighbourhood day care shall be established and maintained in compliance with the Saint John Building By -law and with a valid license under the Family Services Act, and (vii) No bed & breakfast, home day care, home occupation, garden suite, secondary suite, or supportive housing is permitted in any building on the lot. 0 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 ZoneSj Zonesi 9.6 DWELLING IN A COMMERCIAL OR INDUSTRIAL BUILDING A dwelling unit for a caretaker 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 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; (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 building permit issued under the Saint John Building By -law. (b) Except as otherwise provided in this By -law, no excavation may occur in any zone unless it is for the purpose of preparing a site for a building permitted in the zone and satisfies the following requirements: (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 building permit has been issued and such approval has not expired; (ii) A permit application for the excavation of 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 building 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 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. DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 G1161? 9.8 GARDEN SUITES -Pansj 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; (c) The garden suite shall not exceed a maximum height of 6 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 or 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 clause (d) above in accordance with Section 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 Section 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 by subdivision, condominium or any other means from the lot containing the one -unit dwelling; (j) The garden suite shall be erected and maintained in compliance with the Saint John Building By -law; and (k) No bed & breakfast, home day care, home occupation, neighbourhood day care, secondary suite, or supportive housing is permitted in any building on the lot. 0 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 _.' 412 ZoneSj 9.9 HOME OCCUPATIONS 9.9.1 PERMITTED USES 'pons] a) Where permitted by this By -law, a one -unit, two -unit, semi - detached, or 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 (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 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 traff 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 subsection 9.9.1(b) a non - resident employee is not permitted for a home occupation in a converted or multiple dwelling; (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 Section 7, there shall not be any change to the exterior appearance of the building that would indicate a home occupation is in the building; ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 9.9 (h) In accordance with Section 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 that no additional parking is required for a home occupation permitted in a converted or multiple dwelling; (i) The home occupation shall be established and maintained in compliance with the Saint John Building By -law; (j) No bed & 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 of this Section, 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 of this Section, 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. ® DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 ZoneSj zowsj 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, two -unit or 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; (d) All chickens shall be kept in a maximum of one chicken coop in the rear yard of the lot which shall include an attached outdoor wired enclosure area commonly referred to as a chicken run; (e) In addition to satisfying the provisions of Section 5, the chicken coop shall be no closer than 3 metres to any side or rear lot line, and shall have a minimum separation distance of 7.5 metres from any existing main residential building on an adjoining lot and 30 metres from any existing 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. DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 JGENERAL PROVISIONS: USES PERMITTED IN MULTIPLE ZONES 9.13 SECONDARY SUITES -P&WSJ 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; (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 Section 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 by subdivision, condominium or any other means from the main dwelling unit; (i) The secondary suite shall be established and maintained in accordance with the Saint John Building By -law; and (j) No bed & 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 -P&WSJ Where permitted by this By -law, a one -unit 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 a lot containing existing supportive housing if both are in a Residential Zone; (c) Except for a sign permitted in Section 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 Section 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, (e) Supportive housing shall be established and maintained in compliance with the Saint John Building By -law and with a valid license under the Family Services Act; and (f) No bed & breakfast, garden suite, home day care, home occupation, neighbourhood day care, or secondary suite is permitted in any building on the lot. aDRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones zonrsj 9.15 STORAGE OF RECREATIONAL VEHICLES AND MAJOR 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 inside the street line between May and October in each year. (b) No recreational vehicle or major recreational equipment shall be used for living, sleeping or housekeeping purposes when on a Residential lot. 9.16 TELECOMMUNICATION TOWERS Nothing in this By -law shall prevent the erection, placement, alteration, or use of a telecommunication tower. 9.17 TEMPORARY USES 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 an existing parking lot of a lot located in a Commercial Zone provided the garden centre only operates between 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 an existing parking lot of a lot in a Commercial or Industrial Zone provided the activity only operates between the months of November to 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. 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. DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 GENERAL PROVISIONS: USES PERMITTED IN MULTIPLE ZONES 9.18 TREE CUTTING Sj 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; (b) Any work performed by a public utility; (c) A development authorized by a building 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 less than 500 square metres. 9.19 USES PERMITTED IN ALL ZONES Notwithstanding anything else in this By -law, the following uses shall be permitted in any zone: (a) Community Garden; (b) Excavation or Filling of Land, subject to Section 9.7; (c) Lane, Road, Street, or Highway, (d) Land for Public Purpose; (e) Minor Utility Service Building or Structure; (f) Municipal Recreational Use; (g) Park or Playground; (h) Pipeline; (i) Public Display, (j) Railroad; (k) Storm Water Management Pond; (1) Telecommunication Tower; or (m) Walking Trail DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones Zones DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 10.0 RESIDENTIAL ZONF"- "' " `" "' —r -FED USES The following Permitted Uses table is intended to provide a general list of permitted uses in each Residential zone. The Rural zone has also been included for comparison purposes. 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, and the general provisions of this By -law. ALI Z1 :17 1JAlh104C Agricultural Use m Agricultural Use, Existing Animal Shelter " Bed ix Breakfast m m m 00 M m " m Crisis Care Facility Day Care Centre Day Care, Home Day Care, Neighbourhood m m m m m MM MM 0 0 00 0 m M M M M m " " m m Dwelling Group m m m m Dwelling, Cluster Townhouse Dwelling, Converted Dwelling, Multiple m m m MM m 0 m m Dwelling, One -Unit Dwelling, One -Unit, Existing m m m 0 m om m m " m Dwelling, Semi - Detached m EM M 0 Dwelling, Townhouse m EM m Dwelling, Two -Unit m EM m 0 m m Equestrian Facility m Fishery m Forestry Use Garden Suite m m m O m am m Health & Fitness Facility m Home Occupation m m MM 13 0 0 0 m m Kennel Medical Clinic Mobile Home Park Mobile Home Park, Existing Mobile or Mini -Home m m " m Mobile or Mini -Home, Existing m " Personal Service m Restaurant m Retail, Convenience m Rooming House m Secondary Suite m m m 0M 17 Supportive Facility m Supportive Housing Veterinary Clinic m MM 0 0 I M " m m DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 ZoneSi rii"' 9 '11 10.1.1 MUNICIPAL PLAN -P&WS1 The 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 and two -unit dwellings, as well as one - unit dwellings that legally existed at the time this By -law was enacted. However, the primary focus is to provide opportunity for the highest concentration of residential uses anywhere in the City. Appropriate Secondary Uses are also allowed in this zone. The 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. 10.1.2 PERMITTED USES Any land, building or structure may be used for the purpose of, and for no other purpose than, the following: (1) Bed & Breakfast, subject to Section 9.2; (2) Crisis Care Facility, subject to subsection 10.1.3; (3) Day Care Centre; subject to subsection 10.1.3; (4) Day Care, Home, subject to Section 9.5; (10) Dwelling, Semi - Detached; (11) Dwelling, Townhouse, subject to subsection 10.1.3; (12) Dwelling, Two -Unit; (13) Garden Suite, subject to Section 9.8; (5) Day Care, Neighbourhood, subject to Section 9.5; (14) Home Occupation, subject to Section 9.9; (6) Dwelling Group; (15) Rooming House, subject to subsection 10.1.3; (7) Dwelling, Cluster Townhouse, subject to subsection 10.1.5; (8) Dwelling, Multiple; (9) Dwelling, Existing One -Unit; (16) Secondary Suite, subject to Section 9.13; (17) Supportive Facility, subject to subsection 10.1.3; (18) Supportive Housing, subject to Section 9.14. ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 10.1 10.1.3 CONDITIONS OF USE (a) A Crisis Care Facility, Day Care Centre, Rooming House, or Supportive Facility permitted in Section 10.1.2 shall be subject to the following: (i) The lot shall only contain one of these land uses, and shall beat least 60 metres away from another lot in the RC Zone that also contains one of these above uses; (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; and (iii) In the case of a Day Care Centre or Supportive Facility, the establishment shall be established and maintained in compliance with the Saint John Building By -law and with a valid license under the Family Services Act. (b) A Townhouse Dwelling permitted in Section 10.1.2 shall not have: (i) A length greater than 66 metres; or (ii) A continuous front building line greater than 33 metres; and (iii) For purposes of this Section, 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 which are not offset by at least 1 metre from each other. 10.1.4 ZONE STANDARDS (a) Minimum Lot Area: Existing One -Unit Dwelling or Two -Unit or Semi - Detached Dwelling 185 square metres Multiple Dwelling, the greater of 300 square metres, or For each Dwelling Unit therein having 3 or more bedrooms 80 square metres For each Dwelling Unit therein having 2 bedrooms 65 square metres For each Bachelor or Dwelling Unit therein having 1 bedroom 45 square metres For each Room for a Crisis Care Facility, Rooming House or Supportive Facility 20 square metres Townhouse Dwelling For each Dwelling Unit therein 165 square metres Cluster Townhouse Dwelling, subject to subsection 10.1.5 and not subsection 10.1.4 (b) to (1) inclusive DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Zones F/P'A�P_Wlk 10.1.4 ZONE STANDARDS CONTINUED (b) Minimum Lot Frontage: Existing One -Unit Dwelling or Two -Unit or Semi - Detached Dwelling Interior Lot 5.5 Corner Lot 7 Multiple Dwelling 22 Townhouse Dwelling for each Dwelling Unit 5.5 (c) Minimum Lot Depth 30 (d) Minimum Front Yard 1.5 (e) Maximum Front Yard 3 (f) Minimum Rear Yard, the lesser of: The minimum rear yard of two or more main buildings in the block face, or 6 metres (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 (i) Minimum Ground Floor Area: Existing One -Unit Dwelling or Two -Unit or Semi - Detached Dwelling 1 112, 2 or 3 Storeys 62 (j) Minimum Gross Floor Area for a Dwelling Unit in a Multiple Dwelling: 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 (k) Minimum Building Height (1) Maximum Building Height (m) Other Requirements I metres metres metres metres metres metres metres metres square metres square metres square metres 41 square metres 2 storeys 14 metres In accordance with the General Provisions, Sections 4 -9 ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 10.1 10.1.5 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; or (iii) 10.5 metres of a side wall of another Cluster Townhouse Dwelling. (f) No side wall of a Cluster Townhouse Dwelling shall be located so that any part of such wall is closer than: (i) 7.5 metres of aside wall of another Cluster Townhouse; or (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 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Zones F/P'A�P_Wlk 10.1.5 ZONE STANDARDS FOR CLUSTER TOWNHOUSE DWELLINGS CONTINUED (i) 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 (iii) For purposes of this Section, 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 which are not offset by at least 1 metre from each other. (j) Minimum Building Height: RM and RC Zones (k) Maximum Building Height: RL Zone RM Zone RC Zone (1) Other Requirement i� ZoneSj 2 storeys 9 metres 11 metres 14 metres In accordance with the General Provisions, Sections 4 -9 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Zones 10.2.1 MUNICIPAL PLAN -PansJ The RH Zone accommodates serviced high -rise multiple dwellings and provides for complementary non - residential uses on the first two storeys, and appropriate Home Occupations are also allowed in this zone. The RH Zone is intended for land inside the Primary Development Area suitable for the development of high -rise multiple dwellings. This may involve land designated Medium to High 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. 10.2.2 PERMITTED USES Any land, building or structure may be used for the purpose of, and for no other purpose than, the following: (1) Day Care Centre; (2) Dwelling Group; (3) Dwelling, Multiple; (4) Health & Fitness Facility, subject to subsection 10.2.3; (5) Home Occupation, subject to Section 9.9; (6) Medical Clinic, subject to subsection 10.2.3; (7) Personal Service, subject to subsection 10.2.3; (8) Restaurant, subject to subsection 10.2.3; (9) Retail, Convenience, subject to subsection 10.2.3; 10.2.3 CONDITIONS OF USE A Health & Fitness Facility, Medical Clinic, Personal Service, Restaurant, or Convenience Retail permitted in Section 10.2.2 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.(b) A Townhouse ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 10.2 10.2.4 ZONE STANDARDS (a) Minimum Lot Area, the greater of: 690 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 having 1 bedroom 37 square metres (b) Minimum Lot Frontage 22 metres (c) Minimum Lot Depth 30 metres (d) Minimum Front Yard 6 metres (e) Maximum Front Yard 9 metres (f) Minimum Rear Yard 6 metres (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 (i) Minimum Gross Floor Area for a Dwelling Unit: For each Dwelling Unit having 3 or more bedrooms 65 square metres For each Dwelling Unit having 2 bedrooms 55 square metres For each Bachelor or Dwelling Unit having 1 bedroom 37 square metres (j) Minimum Building Height 2 storeys (k) Maximum Building Height: 30 metres, or An additional 5 metres of building height for each 1 metre addition to both required side yards. (1) Maximum Lot Occupancy 50 percent of lot area (m) Other Requirements In accordance with the General Provisions, Sections 4 -9 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 ZoneSi Rik 10.3.1 MUNICIPAL PLAN -P&-/ZS1 The RM Zone accommodates a range of serviced medium density residential development in the form of townhouses, apartments and condominiums, as well as semi - detached, two -unit and one -unit dwellings. A minimum height standard of 2 storeys is required for new residential development, and appropriate Secondary Uses are also allowed in this zone. The 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. 10.3.2 PERMITTED USES Any land, building or structure may be used for the purpose of, and for no other purpose than, the following: (1) Bed & Breakfast, subject to Section 9.2; (2) Day Care, Home, subject to Section 9.5; (3) Day Care, Neighbourhood, subject to Section 9.5; (4) Dwelling Group; (5) Dwelling, Cluster Townhouse, subject to Section 10.1.5; (6) Dwelling, Multiple; (7) Dwelling, One -Unit; (8) Dwelling, Semi - Detached; (9) Dwelling, Townhouse, subject to subsection 10.3.3; (10) Dwelling, Two -Unit; (11) Garden Suite, subject to Section 9.8; (12) Home Occupation, subject to Section 9.9; (13) Secondary Suite, subject to Section 9.13; (14) Supportive Housing, subject to Section 9.14. ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 10.3 10.3.3 CONDITIONS OF USE A Townhouse Dwelling permitted in Section 10.3.2 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 Section, 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 which are not offset by at least 1 metre from each other. 10.3.4 ZONE STANDARDS a) Minimum Lot Area: One -Unit, Two -Unit or Semi - Detached Dwelling 550 square metres Multiple Dwelling, the greater of 690 square metres, or For each Dwelling Unit therein having 3 or more bedrooms 185 square metres For each Dwelling Unit therein having 2 bedrooms 150 square metres For each Bachelor or Dwelling Unit therein having 1 bedroom 105 square metres Townhouse Dwelling For each Dwelling Unit therein 180 square metres Cluster Townhouse Dwelling, subject to Section 10.1.5 and not Section 10.3.4 (b) to (m) inclusive (b) Minimum Lot Frontage: One -Unit, Two -Unit or Semi - Detached Dwelling Interior Lot 18 metres Corner Lot 21 metres Multiple Dwelling 22 metres Townhouse Dwelling for each Dwelling Unit 6 metres (c) Minimum Lot Depth 30 metres (d) Minimum Front Yard 6 metres (e) Maximum Front Yard for a Multiple or Townhouse Dwelling 9 metres (f) Minimum Rear Yard 6 metres DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Zones Oki L 10.3.4 ZONE STANDARDS CONTINUED (g) Minimum Side Yard: Multiple or Townhouse Dwelling containing more than 6 Dwelling Units 2.5 metres Multiple or Townhouse Dwelling containing 6 or less Dwelling Units 2 metres Other 1.5 metres (h) Minimum Flankage Yard 3.5 metres (i) Minimum Ground Floor Area: One -Unit, Two -Unit or Semi - Detached Dwelling One - Storey 89 square metres Split -Level 71 square metres 1 112, 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 bedrooms 69 square metres For each Dwelling Unit having 2 bedrooms 60 square metres For each Bachelor or Dwelling Unit having 1 bedroom 41 square metres (k) Minimum Building Height 2 storeys (1) 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 the General Provisions, Sections 4 -9 ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Zones 0 6h-5 Ll 710111111111 10.4.1 MUNICIPAL FLAN -Pans1 The 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, two - unit and one -unit dwellings. Appropriate Secondary Uses are also allowed in this zone. The 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. 10.4.2 PERMITTED USES Any land, building or structure may be used for the purpose of, and for no other purpose than, the following: (1) Bed & Breakfast, subject to Section 9.2; (2) Day Care, Home, subject to Section 9.5; (3) Day Care, Neighbourhood, subject to Section 9.5; (4) Dwelling Group; (5) Dwelling, Cluster Townhouse, limited to a maximum of six dwelling units and subject to Section 10.1.5; (6) Dwelling, Multiple, limited to a maximum of six dwelling units; (7) Dwelling, One -Unit, (8) Dwelling, Semi - Detached; (9) Dwelling, Townhouse, limited to a maximum of six dwelling units; (10) Dwelling, Two -Unit; (11) Garden Suite, subject to Section 9.8; (12) Home Occupation, subject to Section 9.9; (13) Secondary Suite, subject to Section 9.13; (14) Supportive Housing, subject to Section 9.14. ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 10.4 10.4.3 ZONE STANDARDS (a) Minimum Lot Area: One -Unit, Two -Unit or Semi - Detached Dwelling 550 square metres Multiple Dwelling, the greater of 690 square metres, or For each Dwelling Unit therein having 3 or more bedrooms 185 square metres For each Dwelling Unit therein having 2 bedrooms 150 square metres For each Bachelor or Dwelling Unit therein having 1 bedroom 105 square metres Townhouse Dwelling For each Dwelling Unit therein 180 square metres Cluster Townhouse Dwelling, subject to Section 10.1.5 and not Section 10.4.3 (b) to (m) inclusive (b) Minimum Lot Frontage: One -Unit, Two -Unit or Semi - Detached Dwelling Interior Lot 18 metres Corner Lot 21 metres Multiple Dwelling 22 metres Townhouse Dwelling for each Dwelling Unit 6 metres (c) Minimum Lot Depth 30 metres (d) Minimum Front Yard 6 metres (e) Maximum Front Yard for a Multiple or Townhouse Dwelling 9 metres (f) Minimum Rear Yard 6 metres (g) Minimum Side Yard: Multiple or Townhouse Dwelling 2 metres Other 1.5 metres (h) Minimum Flankage Yard 3.5 metres DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Zones 10.4.3 ZONE STANDARDS CONTINUED (i) Minimum Ground Floor Area: One -Unit or Two -Unit Dwelling One - Storey 89 square metres Split -Level 71 square metres 1 112, 2 or 3 Storeys 62 square metres Semi - Detached Dwelling One - Storey 119 square metres Split -Level 95 square metres 1 112, 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 69 square metres For each Dwelling Unit having 2 bedrooms 60 square metres For each Bachelor or Dwelling Unit having 1 bedroom 41 square metres (k) Maximum Building Length for a Townhouse Dwelling 36 metres (1) Maximum Building Height: 9 metres, or 11 metres if both side yards are increased in amounts equal to the height over 9 metres (m)Maximum Lot Occupancy 50 percent of lot area (n) Other Requirements In accordance with the General Provisions, Sections 4 -9 ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Zones 00 64k6- Da ZoneSi 10.5.1 MUNICIPAL PLAN -P&WS1 The R2 Zone accommodates serviced residential development in the form of semi - detached, two -unit and one -unit dwellings. Appropriate Secondary Uses are also allowed in this zone. The R2 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 R2. 10.5.2 PERMITTED USES Any land, building or structure may be used for the purpose of, and for no other purpose than, the following: (1) Bed & Breakfast, subject to Section 9.2; (2) Day Care, Home, subject to Section 9.5; (3) Day Care, Neighbourhood, subject to Section 9.5; (4) Dwelling, Converted, subject to Section 9.4; (5) Dwelling, One -Unit; (6) Dwelling, Semi - Detached; (7) Dwelling, Two -Unit; (8) Garden Suite, subject to Section 9.8; (9) Home Occupation, subject to Section 9.9; (10) Secondary Suite, subject to Section 9.13; (11) Supportive Housing, subject to Section 9.14. VF_ NEEPW DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 10.5 10.5.3 ZONE STANDARDS (a) Minimum Lot Area 550 (b) Minimum Lot Frontage: Interior Lot 18 Corner Lot 21 (c) Minimum Lot Depth 30 (d) Minimum Front Yard 6 (e) Minimum Rear Yard 6 (f) Minimum Side Yard 1.5 (g) Minimum Flankage Yard 3.5 (h) Minimum Ground Floor Area: One -Unit or Two -Unit Dwelling One - Storey 89 Split -Level 71 1 112, 2 or 3 Storeys 62 Semi - Detached Dwelling One - Storey 119 Split -Level 95 1 112, 2 or 3 Storeys 83 (i) Maximum Building Height: 9 11 metres if both side yards are increased in amounts equal to the height over 9 metres square metres metres metres metres metres metres metres metres square metres square metres square metres square metres square metres square metres metres, or (j) Maximum Lot Occupancy 50 percent of the lot (k) Other Requirements In accordance with the General Provisions, Sections 4 -9 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 ZoneSi Oki 10.6.1 MUNICIPAL PLAN -P&WS1 The R1 Zone accommodates serviced residential development in the form of one -unit dwellings. Appropriate Secondary Uses are also allowed in this zone. The RI 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 R1. 10.6.2 PERMITTED USES Any land, building or structure may be used for the purpose of, and for no other purpose than, the following: (1) Bed & Breakfast, subject to Section 9.2; (2) Day Care, Home, subject to Section 9.5; (3) Day Care, Neighbourhood, subject to Section 9.5; (4) Dwelling, Converted, subject to Section 9.4; (5) Dwelling, One -Unit; (6) Garden Suite, subject to Section 9.8; (7) Home Occupation, subject to Section 9.9; (8) Secondary Suite, subject to Section 9.13; (9) Supportive Housing, subject to Section 9.14. ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 10.6 10.6.3 ZONE STANDARDS (a) Minimum Lot Area 460 (b) Minimum Lot Frontage: Interior Lot 15 Corner Lot 19 (c) Minimum Lot Depth 30 (d) Minimum Front Yard 6 (e) Minimum Rear Yard 6 (f) Minimum Side Yard 1.5 (g) Minimum Flankage Yard 3.5 (h) Minimum Ground Floor Area: One - Storey 89 Split -Level 71 1 112, 2 or 3 Storeys 62 (i) Maximum Building Height: 9 11 metres if both side yards are increased in amounts equal to the height over 9 metres square metres metres metres metres metres metres metres metres square metres square metres square metres metres, or (j) Maximum Lot Occupancy 50 percent of the lot (k) Other Requirements In accordance with the General Provisions, Sections 4 -9 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 ZoneSi RSS 10.7.1 MUNICIPAL PLAN -P&nS1 The RSS Zone accommodates serviced residential development in the form of large one -unit dwellings on suburban lots. Appropriate Secondary Uses are also allowed in this zone. The RSS Zone is only intended for land inside the Primary Development Area that is designated Stable Residential and located in the Monte Cristo Park, Cedar Point Estates, Cedar Point Anchorage, 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. 10.7.2 PERMITTED USES Any land, building or structure may be used for the purpose of, and for no other purpose than, the following: (1) Bed & Breakfast, subject to Section 9.2; (2) Day Care, Home, subject to Section 9.5; (3) Day Care, Neighbourhood, subject to Section 9.5; (4) Dwelling, One -Unit; (5) Garden Suite, subject to Section 9.8; (6) Home Occupation, subject to Section 9.9; (7) Secondary Suite, subject to Section 9.13; (8) Supportive Housing, subject to Section 9.14. ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 10.7 10.7.3 ZONE STANDARDS CONTINUED (a) Minimum Lot Area 1,400 square metres (b) Minimum Lot Frontage 30 metres (c) Minimum Lot Depth 30 metres (d) Minimum Front Yard 7.5 metres (e) Minimum Rear Yard 10 metres (f) Minimum Side Yard 4.5 metres (g) Minimum Flankage Yard 7.5 metres (h) Minimum Ground Floor Area: One - Storey 100 square metres Split -Level 77 square metres 1 112, 2 or 3 Storeys 67 square metres (i) Maximum Building Height: 11 metres, or 13 metres if both side yards are increased in amounts equal to the height over 11 metres 0) Other Requirements In accordance with the General Provisions, Sections 4 -9 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 ZoneSi Oki L 4� )-A 10.8.1 MUNICIPAL PLAN -P&Ws1 The RP Zone accommodates serviced residential development in the form of mobile or mini -homes parks or communities with private streets. The zone also accommodates mobile home parks regulated by the Saint John Mobile Home Parks By -law. Appropriate Secondary Uses are also allowed in this zone. 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. 10.8.2 PERMITTED USES Any land, building or structure may be used for the purpose of, and for no other purpose than, the following: (1) Day Care, Home, subject to Section 9.5; (2) Dwelling, One -Unit; (3) Home Occupation, subject to Section 9.9; (4) Mobile or Mini -Home; (5) Mobile Home Park, subject to the Saint John Mobile Home Parks By -law and not Section 10.8.3. ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 10.8 10.8.3 ZONE STANDARDS CONTINUED (a) Minimum Lot Area: Interior Lot 378 square metres Corner Lot 520 square metres (b) Minimum Lot Frontage: Interior Lot 10.5 metres Corner Lot 15.5 metres (c) Minimum Lot Depth 36 metres (d) Minimum Front Yard 6 metres (e) Minimum Rear Yard 6 metres (f) Minimum Side Yard: Principal Entrance Side 4.4 metres Other Side 1.2 metres (g) Minimum Flankage Yard 3.5 metres (h) Minimum Ground Floor Area 55 square metres (i) Maximum Building Height 5 metres (j) Notwithstanding 10.8.3(f) above, a deck may project up to 3.05 metres into the required side yard on the principal entrance side. (k) Notwithstanding 10.8.3(a) to (g) above, 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. (j) Other Requirements In accordance with the General Provisions, Sections 4 -9 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Zones r 10.9.1 MUNICIPAL FLAN -P&ns1 The RS Zone accommodates unserviced residential development in the form of two -unit and one -unit dwellings. The zone also permits agricultural uses and mobile or mini - homes that legally existed at the time this By -law was enacted. Appropriate Secondary Uses are also allowed in this zone. The RS Zone is intended for land outside the Primary Development Area that is designated Rural Settlement and located in the Martinon- Ketepec, Lorneville orTreadwell Lake residential areas. These areas are the only places outside of the PDA where new residential subdivision is encouraged. 10.9.2 PERMITTED USES Any land, building or structure may be used for the purpose of, and for no other purpose than, the following: (1) Agricultural Use, Existing, subject to Section 10.10.3; (2) Bed & Breakfast, subject to Section 9.2; (3) Day Care, Home, subject to Section 9.5; (4) Day Care, Neighbourhood, subject to Section 9.5; (5) Dwelling, One -Unit; (6) Dwelling, Two -Unit; (7) Home Occupation, subject to Section 9.9; (8) Mobile or Mini -Home, Existing, subject to Section 14.5.3; (9) Supportive Housing, subject to Section 9.14. ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 10.9 10.9.3 ZONE STANDARDS CONTINUED (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) Minimum Ground Floor Area: One - Storey Split -Level 1 112, 2 or 3 Storeys (i) Maximum Building Height (j) Other Requirements 5,350 square metres 60 metres 40 metres 10 metres 15 metres 10 metres 10 metres 90 square metres 70 square metres 60 square metres 11 metres In accordance with the General Provisions, Sections 4 -9 qP DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Zones 10.10.1 MUNICIPAL PLAN -P&-/ZS1 The RR Zone accommodates unserviced residential development in the form of two -unit and one -unit dwellings. The zone also permits agricultural uses and mobile or mini - homes that legally existed at the time this By -law was enacted. Appropriate Secondary Uses are also allowed in this zone. The 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. 10.10.2 PERMITTED USES Any land, building or structure may be used for the purpose of, and for no other purpose than, the following: (1) Agricultural Use, Existing, subject to subsection 10.10.3; (2) Bed & Breakfast, subject to Section 9.2; (3) Day Care, Home, subject to Section 9.5; (4) Day Care, Neighbourhood, subject to Section 9.5; (5) Dwelling, One -Unit; (6) Dwelling, Two -Unit; (7) Home Occupation, subject to Section 9.9; (8) Mobile Home Park, Existing, subject to the Saint John Mobile Home Parks By -law and not Section 10.10.4; (9) Mobile or Mini -Home, Existing, subject to Section 14.5.3; (10) Supportive Housing, subject to Section 9.14. ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 11 [I] 10.10.3 CONDITIONS OF USE An Existing Agricultural Use permitted in Section 10.10.2 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. 10.10.4 ZONE STANDARDS CONTINUED (a) Minimum Lot Area 5,350 square metres (b) Minimum Lot Frontage 60 metres (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: One - Storey 90 square metres Split -Level 70 square metres 1 1/2, 2 or 3 Storeys 60 square metres (i) Maximum Building Height 11 metres (j) Other Requirements In accordance with the General Provisions, Sections 4 -9 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Zones COMMERCIAL ZONES: PERMITTED USES The following Permitted Uses table is intended to provide a general list of permitted uses in each Commercial zone. 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, and the general provisions of this By -law. ZONE PERMITTED Accommodation mm m m m M1 Adult Entertainment Facility m m m ® m Animal Shelter m Artist or Craftsperson Studio m m ® m Auction House m m m ® m Bakery m m m ® m Banquet Hall m m Bar, Lounge, or Nightclub m m m Bed & Breakfast m m ® m Business Office m m m ® m Business Support Service m m m ® m Car Wash m m m Catering Service m m Commercial Entertainment m m m Communication Facility BMW m Community Centre m M m m® M Community Policing Office m M ® m Conference or Convention Centre m Contractor Service, Household m m Cultural Establishment m Day Care Centre m m m ® m Distribution Facility m Dwelling Unit m aim m Dwelling Unit, Existing m m ® m Emergency Services Facility m m Equipment Sales & Rental, Light m Financial Service m m m Fleet Service m Funeral Service m m m Grocery Store m m m ® m Health & Fitness Facility m m m Health Services Laboratory m m Hospital Hostel m Incidental Vehicle Sales m m Kennel m ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 11.0 COMMERCIAL ZONES: PERMITTED USES ZONE PERMITTED Landscape Material Supply m Library m M1 MR Massage Parlour M Medical Clinic m m Microbrew Pub m Moving Service m Parking Lot, Commercial m m m Personal Service m m ® m Pet Care Service m m m ® m Place of Worship m m Private Club m m Recreational Facility, Indoor m m m Recreational Facility, Outdoor ®m m Recreational Vehicle Sales & Service, Large m Recreational Vehicle Sales & Service, Small m m Recycling Bins m m Redemption Centre m Research & Development Facility m Restaurant m m m m® m Retail Convenience Retail General Retail Warehouse Sales Centre, Model Home CC Service & Repair, Household m m ® m Service Station m m m Special Industrial Uses Sports & Entertainment Facilitv m Technical or Vocational School m KS MI m MR M Transit Terminal Universitv or Ca Vehicle Body & Paint Shop m Vehicle Rental m m Vehicle Repair Garage m m Vehicle Sales & Leasing m m Veterinary Clinic m m m ® m Warehouse Facility w 0 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 ZoneSi r; ZoneS] 11.1.1 MUNICIPAL PLAN The CU Zone accommodates the highest density and greatest mix land uses in the City, including business office, cultural, entertainment, residential, and hospitality uses. This zone supports Uptown's intensification with appropriate urban standards, broad permitted uses, an expanded parking exemption area, and flexible mixed -use permissions for new development. The CU Zone is intended for land that is inside of the Primary Development Area and designated Primary Centre (Uptown). However land in other appropriate designations could be zoned CU. 11.1.2 PERMITTED USES Any land, building or structure may be used for the purposes of and for no other purpose than: (1) Accommodation (2) Artist or Craftsperson Studio (3) Bakery (4) Bar, Lounge, or Nightclub, subject to subsection 11.1.3(a) (5) Bed & Breakfast, subject to Section 9.2 (6) Business Office (7) Commercial Entertainment (8) Communication Facility (9) Community Centre (10) Community Policing Office (11) Conference or Convention Centre (12) Cultural Establishment (13) Day Care Centre, subject to Section 9.5 (14) Dwelling Unit, subject to subsection 11.1.3(b) (15) Dwelling Unit, Existing (16) Emergency Services Facility (17) Financial Service (18) Funeral Service (19) Grocery Store (20) Health & Fitness Facility (21) Hostel 192 (22) Library (23) Medical Clinic (24) Microbrew Pub (25) Parking Lot, Commercial subject to Section 4.2.5 (26) Personal Service (27) Pet Care Service (28) Place of Worship (29) Private Club (30) Recreational Facility, Indoor (31) Recreational Facility, Outdoor (32) Research & Development Facility (33) Restaurant (34) Retail Convenience (35) Retail General (36) Service & Repair, Household (37) Sports & Entertainment Facility (38) Supportive Housing, subject to Section 9.14 (39) Technical or Vocational School (40) Transit Terminal (41) University or College (42) Veterinary Clinic DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 11.1 11.1.3 CONDITIONS OF USE (a) A Bar, Lounge or Nightclub, permitted in subsection 11.1.2, shall be located a minimum of 30 metres from any Residential zone. (b) A Dwelling Unit, permitted in subsection 11.1.2,: (i) Shall not be located below the second storey and the main access to any Dwelling Unit shall be from inside the building at ground level. (ii) Shall not share an internal hallway or entrance with any commercial use in a building. (iii) Notwithstanding (i) and (ii), a Dwelling Unit may be located below the second storey and the main access to any Dwelling Unit may be from outside the building at ground level, where such building is located on a lot that is less than 30 metres from an Residential zone. (c) Any use permitted in subsection 11.1.2, shall not include a drive -thru feature. 11.1.4 ZONE STANDARDS (a) Lot Area (b) Lot Frontage (c) Lot Depth (d) Front Yard Setback (e) Rear Yard Setback (f) Side Yard Setback (g) Flanking Yard (h) Lot Occupancy (i) Building Height (j) Other Standards Minimum 370 square metres Minimum 12 metres Minimum 30 metres Minimum 0 metres Maximum 3 metres Minimum 0 metres Minimum abutting an "R" zone 4.5 metres Minimum 0 metres Minimum abutting an "R" zone 1.5 metres Minimum 0 metres Maximum 3 metres Minimum 70 percent Minimum 2 storeys Maximum 60 metres In accordance with the General Provisions Sections 4 -9 (k) Buildings must feature a prominent entrance that is oriented to a public street. (1) Buildings that are more than 4 storeys in height shall incorporate a step -back at the third storey level to a minimum depth of 1.5 metres on any fa ade that faces a public street. (m) No parking or outdoor display area shall be permitted within a required setback. ® DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 193 ZoneSj Zone$j 11.2.1 MUNICIPAL PLAN -P&WSJ The CW-ID Zone accommodates the development of future waterfront neighbourhoods, primarily located on existing large, vacant, brownfield sites including Fundy Quay and the Long Wharf. The CW -ID Zone is intended for land that is 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-ID. I_fWW4"4�► I1111—uu)-wilV Any land, building or structure may be used for the following purposes in a "CW-ID" Zone provided that Council has approved a specific proposal including that use pursuant to Section 39 of the Community Planning Act: (1) Accommodation (2) Commercial Use (3) Community Facility Use (4) Port- Related Use (5) Public Use (6) Residential Use 11.2.3 ZONE STANDARDS (a) Standards of development in a CW-ID zone shall not be subject to the General Sections 4 to 9 but shall be limited by the proposal that is approved by Council pursuant to Section 39 of the Community Planning Act. (b) Plans required to be submitted in support of the zoning application will be specified by Council or its delegate at the time of submission. These will include, but may not be limited to, a context plan, a site plan, typical building floors, building elevations, a landscape plan and a grading plan. 194 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 MW 0 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones ri", 9 '11 11.3.1 MUNICIPAL PLAN 'Pansj The CRC Zone accommodates the development of a mixed - use, health and education focused cluster in the City's Regional Hospital and University campus area. This zone is intended to be utilized in conjunction with the direction provided in a Neighbourhood Plan for this area of the City. The CRC Zone is intended for land that is inside of the Primary Development Area and designated Primary Centre (UNBSIlHospital). However land in other appropriate designations could be zoned CRC. 11.3.2 PERMITTED USES Any land, building or structure may be used for the purposes of and for no other purpose than: (1) Accommodation (2) Artist or Craftsperson Studio (3) Bakery (4) Bar, Lounge, or Nightclub, subject to subsection 11.3.3(a) (5) Business Office, subject to subsection 11.3.3(b) (6) Communication Facility (7) Community Centre (8) Community Policing Office (9) Day Care Centre, subject to Section 9.5 (10) Dwelling Unit, subject to subsection 11.3.3(c) (11) Emergency Services Facility (12) Financial Service (13) Funeral Service (14) Grocery Store (15) Health & Fitness Facility (16) Health Services Laboratory (17) Hospital (18) Library (19) Medical Clinic (20) Parking Lot, Commercial subject to Section 4.2.5 (21) Personal Service (22) Pet Care Service (23) Private Club (24) Recreational Facility, Indoor (25) Recreational Facility, Outdoor (26) Research & Development Facility (27) Restaurant (28) Retail Convenience (29) Retail General (30) Supportive Housing, subject to Section 9.14 (31) Technical or Vocational School (32) Transit Terminal (33) University or College (34) Veterinary Clinic ®SJ DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 G 11.3 11.3.3 CONDITIONS OF USE (a) A Bar, Lounge or Nightclub, permitted in subsection 11.3.2, shall be located a minimum of 60 metres fromany Residential zone. (b) A Business Office, permitted in subsection 11.3.2, shall not exceed 3000 square metres in gross floor area. (c) A Dwelling Unit, permitted in subsection 11.3.2: (i) Shall not be located below the second storey and the main access to any Dwelling Unit shall be from inside the building at ground level. (ii) Shall not share an internal hallway or entrance with any commercial use in a building. (iii) Notwithstanding (i) and (ii), a Dwelling Unit may be located below the second storey and the main access to any Dwelling Unit may be from outside the building at ground level, where such building is located on a lot that is less than 30 metres from an Residential zone. (d) Any use permitted in subsection 11.3.2, may include a drive -thru feature. 11.3.4 ZONE STANDARDS (a) Lot Area (b) Lot Frontage (c) Lot Depth (d) Front Yard Setback (e) Rear Yard Setback (f) Side Yard Setback (g) Flanking Yard Setback (h) Lot Coverage (i) Building Height (j) Other Standards Minimum 4,000 square metres Minimum 30 metres Minimum 40 metres Minimum 7.5 metres Maximum 22 metres Minimum 3 metres Minimum abutting an "R" zone 7.5 metres Minimum 3 metres Minimum abutting an "R" zone 7.5 metres Minimum 7.5 metres Maximum 22 metres Maximum 50 percent Minimum 2 storeys Maximum 24 metres In accordance with the General Provisions Sections 4 -9 (k) Buildings must feature a prominent entrance that is oriented to a public street. (1) Buildings that are more than 4 storeys in height shall incorporate a step -back at the third storey level to a minimum depth of 1.5 metres on any fa ade that faces a public street. (m) No parking or outdoor display area shall be permitted within a required setback. GDRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones r; 11.4.1 MUNICIPAL PLAN - P&-nsj The CBP Zone accommodates areas that are generally identified for redevelopment over time, supporting a range of residential and compatible employment uses including business offices, research and development facilities, and light manufacturing and assembly. The CBP Zone is intended for land that is inside of the Primary Development Area and designated Business Centre. However land in other appropriate designations could be zoned CBP. 11.4.2 PERMITTED USES Any land, building or structure may be used for the purposes of and for no other purpose than: (1) Accommodation (2) Bar, Lounge or Nightclub, subject to subsection 11.4.3(a) (3) Business Office, subject to subsection 11.4.3(b) (4) Business Support Service (5) Communication Facility (6) Day Care Centre, subject to Section 9.5 (7) Distribution Facility (8) Dwelling Unit, subject to subsection 11.4.3(c) (9) Financial Service (10) Health and Fitness Facility (11) Health Services Laboratory (12) Medical Clinic (13) Parking Lot, Commercial subject to Section 4.2.5 (14) Personal Service (15) Recreational Facility, Indoor (16) Recreational Facility, Outdoor (17) Research & Development Facility (18) Restaurant (19) Retail Convenience (20) Special Industrial Uses, subject to subsection 11.4.3(d) (21) Technical or Vocational (22) Warehouse Facility ®I L Si DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 ®i 11.4 11.4.3 CONDITIONS OF USE (a) A Bar, Lounge or Nightclub, permitted in subsection 11.4.2, shall be located a minimum of 60 metres from any Residential zone. (b) A Business Office, permitted in subsection 11.4.2, shall not exceed 3000 square metres in gross floor area. (c) A Dwelling Unit, permitted in subsection 11.4.2: (i) Shall not be located below the second storey and the main access to any Dwelling Unit shall be from inside the building at ground level. (ii) Shall not share an internal hallway or entrance with any commercial use in a building. (iii) Notwithstanding (i) and (ii), a Dwelling Unit may be located below the second storey and the main access to any Dwelling Unit may be from outside the building at ground level, where such building is located on a lot that is less than 30 metres from a Residential zone. (d) A Special Industrial Use, permitted in subsection 11.4.2, shall be of a nature that the use is: (i) Wholly contained within a building. (ii) Does not require or result in outside storage of materials or products. (iii) Does not result in the discharge of smoke, fumes, vapours, vibrations or noise which is visible or detectable beyond the lot on which it is located. (e) Any use permitted in subsection 11.4.2, may include a drive -thru feature. (f) A minimum of 25% of any building shall be used for non - residential uses, permitted in subsection 11.4.2. ® DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones ZPffl PC, si 11.4.4 ZONE STANDARDS (a) Lot Area (b) Lot Frontage (c) Lot Depth (d) Front Yard Setback (e) Rear Yard Setback (f) Side Yard Setback (g) Flanking Yard Setback (h) Lot Coverage (i) Building Height (j) Other Standards Minimum 40001 square metres Minimum 301 metres Minimum 40 metres Minimum 7.5 metres Maximum 22 metres Minimum 3 metres Minimum abutting an "R" zone 7.5 metres Minimum 3I metres Minimum abutting an "R" zone 7.5 metres Minimum 7.5 metres Maximum 22 metres Maximum 50 percent Minimum 2 storeys Maximum 24 metres In accordance with the General Provisions Sections 4 -9 (k) Buildings that are more than 4 storeys in height shall incorporate a step -back at the third storey level to a minimum depth of 1.5 metres on any fa ade that faces a public street. (1) Buildings must use high quality finishes on elevations facing any street or Residentially zoned land, and may not include the use of the following on any finished surface: (i) Galvanized, unfinished metal or concrete block or panels without an architectural finish. (m) Loading doors shall not face a public street or any Residentially zoned land. DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 0 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones r; 11.5.1 MUNICIPAL PLAN -P&Wsj The CC Zone accommodates a wide range of vehicle- oriented commercial and compatible light industrial uses along major thoroughfares, generally found along Rothesay Avenue, City Road and Thorne Avenue. The Corridor Commercial Zone (CC) is intended for land that is inside of the Primary Development Area and designated Commercial Corridor. However land in other appropriate designations could be zoned CC. 11.5.2 PERMITTED USES Any land, building or structure may be used for the purposes of and for no other purpose than: (1) Accommodation (2) Animal Shelter (3) Auction House (4) Bakery (5) Banquet Hall (6) Bar, Lounge or Nightclub, subject to subsection 11.5.4(a) (7) Business Office, subject to subsection 11.5.4(b) (8) Business Support Service (9) Car Wash (10) Catering Service (11) Commercial Entertainment (12) Communication Facility (13) Contractor Services, Household (14) Day Care Centre (15) Distribution Facility (16) Emergency Services Facility (17) Equipment Sales & Rental, Light (18) Financial Service (19) Fleet Service (20) Funeral Service (21) Grocery Store (22) Health & Fitness Facility (23) Health Services Laboratory (24) Incidental Vehicle Sales (25) Kennel ZoneSj 26) Landscape Material Supply (27) Moving Services (28) Parking Lot, Commercial subject to Section 4.2.5 (29) Personal Service (30) Pet Care Service (31) Private Club (32) Recreational Vehicle Sales & Service Large (33) Recreational Vehicle Sales & Service Small (34) Recycling Bins (35) Redemption Centre, subject to subsection 11.5.4(c) (36) Restaurant (37) Retail Convenience (38) Retail General (39) Retail Warehouse (40) Sales Centre, Model Home (41) Self- Storage Facility (42) Service & Repair, Household (43) Service Station, subject to subsection 11.5.4(d) (44) Technical or Vocational School (45) Transit Terminal (46) Vehicle Body & Paint (47) Vehicle Rental (48) Vehicle Repair Garage, subject to subsection 11.5.4(e) (49) Vehicle Sales & Leasing (50) Veterinary Clinic (51) Warehouse Facility DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Is 11.5 11.5.3 CONDITIONS OF USE (a) A Bar, Lounge or Nightclub, permitted in subsection 11.5.2, shall be located a minimum of 60 metres from any Residential zone. (b) A Business Office, permitted in subsection 11.5.2, shall not exceed 3000 square metres in gross floor area. (c) A Redemption Centre, permitted in subsection 11.5.2, shall be subject to the following provisions: (i) The facility shall be registered as a Redemption Centre, pursuant to the Beverage Containers Act of New Brunswick, and comply with all regulations thereunder. (ii) Be wholly contained within a building and not have any outdoor storage associated with the use. (d) A Service Station, permitted in subsection 11.5.2, shall be subject to the following provisions: (i) A minimum lot area of 930 square metres. (ii) A minimum lot width of 30 metres. (iii) An entrance or exit for motor vehicles shall not be located closer than 30 metres from an entrance or exit to a Community Facility or Residential zone. (iv) No portion of the building is to be used for a Dwelling Unit. (v) The fuel pump island shall not be located closer than 7.5 metres to a street line. (vi) The site shall not adjoin any Residentially zoned property on the street on which it fronts. (e) A Vehicle Repair Garage shall not be located adjacent to a Residential zone. (f) Any use permitted in subsection 11.5.2, may include a drive -thru feature. 11.5.4 ZONE STANDARDS (a) Lot Area Minimum 600 square metres (b) Lot Frontage Minimum 20 metres (c) Lot Depth Minimum 30 metres (d) Front Yard Setback Minimum 3 metres (e) Rear Yard Setback Minimum 1.5 metres Minimum abutting an "R" zone 7.5 metres (f) Side Yard Setback Minimum 1.5 metres Minimum abutting a "CC" zone 0 metres Minimum abutting an "R" zone 7.5 metres (g) Flanking Yard Setback Minimum 3 metres (h) Lot Occupancy Maximum 70 percent (i) Building Height Maximum 14 metres Maximum for Accommodation use 24 metres (j) Other Standards In accordance with the General Provisions Sections 4 -9 ® DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 ZoneSj 11.6.1 MUNICIPAL PLAN Pans] The CR Zone accommodates large- format, vehicle - oriented retail development and associated entertainment uses, serving Saint John and the broader region. This zone is generally characterized by large indoor and outdoor shopping areas, with a blend of single and multi - tenant commercial developments. The CR Zone is intended for land that is inside of the Primary Development Area and designated Regional Retail Centre. However land in other appropriate designations could be zoned CR. 11.6.2 PERMITTED USES Any land, building or structure may be used for the purposes of and for no other purpose than Regional Commercial Centre which may include: (1) Accommodation (2) Sales Centre, Model Home (3) Service Station, subject to subsection 11.6.3(c) (4) Transit Terminal (5) Vehicle Rental (6) Vehicle Repair Garage, subject to subsection 11.6.3(d) (7) Vehicle Sales & Leasing (8) Regional Commercial Centre uses may include (a) Artist or Craftsperson Studio (b) Bakery (c) Bar, Lounge, or Nightclub, subject to subsection 11.6.3(a) (d) Business Office, subject to subsection] 1.6.3(b) (e) Commercial Entertainment (f) Community Centre (g) Community Policing Office (h) Day Care Centre (i) Financial Services (j) Funeral Services (k) Grocery Store (1) Health & Fitness Facility (m) Library (n) Medical Clinic (o) Parking Lot, Commercial subject to Section 4.2.5 (p) Personal Services (q) Pet Care Services (r) Recycling Bins (s) Restaurant (t) Retail Convenience (u) Retail General (v) Retail Warehouse (w) Service & Repair, Household (x) Technical or Vocational School (y) Veterinary Clinic ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 11.6 11.6.3 CONDITIONS OF USE (a) A Bar, Lounge or Nightclub, permitted in subsection 11.6.2, shall be located a minimum of 60 metres from any Residential zone. This shall be calculated as 60 metres from the edge of the building containing the Bar, Lounge or Nightclub use to the edge of the Residential zone. (b) A Business Office, permitted in subsection 11.6.2, shall not exceed 3000 square metres in gross floor area. (c) A Service Station, permitted in subsection 11.6.2, shall be subject to the following provisions: (i) An entrance or exit for motor vehicles shall not be located closer than 30 metres from an entrance or exit to a lot in a CF or Residential Zone. (ii) A minimum lot width of 30 metres. (iii) An entrance or exit for motor vehicles shall not be located closer than 30 metres from an entrance or exit to a "CF" or "R" zone. (iv) No portion of the building is to be used for a Dwelling Unit. (v) The fuel pump island shall not be located closer than 7.5 metres to a street line. (vi) The site shall not adjoin any Residentially zoned property on the street on which it fronts. (d) A Vehicle Repair Garage, permitted in subsection 11.6.2, shall not be located adjacent to a Residential zone. (e) Any use permitted in subsection 11.6.2, may include a drive -thru feature. 11.6.4 ZONE STANDARDS (a) Lot Area Minimum (b) Lot Frontage (c) Lot Depth (d) Front Yard Setback (e) Rear Yard Setback (f) Side Yard Setback (g) Flanking Yard Setback (h) Lot Occupancy (i) Building Height (j) Other Standards Minimum Minimum Minimum Minimum Minimum abutting an "R" zone Minimum Minimum abutting an "R" zone Minimum Maximum Maximum Maximum for Accommodation use 4,000 square metres 60 1 metres 30 metres 6 metres 6 metres 15 metres E 156 metres metres ® metres 0T percent 14 metres 24 metres In accordance with the General Provisions Sections 4 -9 (k) The minimum gross floor area of any development shall be 3000 square metres. (1) No parking or outdoor display area shall be permitted within a required setback. ® DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones 11.7.1 MUNICIPAL PLAN -pans] The General Commercial Zone (CG) accommodates mid- size commercial development that provides services and goods to the broader community, and may contain residential uses. The built form is generally characterized by single or multi- tenant development and may contain more than one main commercial building on a lot. The General Commercial Zone (CG) is intended for land that is inside of the Primary Development Area and designated Local Centre, Low to Medium Density Residential, Mixed Use Centre, or Stable Commercial. However land in other appropriate designations could be zoned CG. 11.7.2 PERMITTED USES Any land, building or structure may be used for the purposes of and for no other purpose than: (1) Accommodation (2) Artist or Craftsperson Studio (3) Bakery (4) Banquet Hall (5) Bar, Lounge or Nightclub, subject to subsection 11.7.3(a) (6) Bed & Breakfast, subject to Section 9.2 (7) Business Office, subject to subsection 11.7.3(b) (8) Community Centre (9) Community Policing Office (10) Contractor Service, Household (11) Day Care Centre (12) Dwelling Unit, subject to section 11.7.3(c) (13) Dwelling Unit, Existing (14) Financial Service (15) Funeral Service (16) Grocery Store (17) Health & Fitness Facility (18) Health Services Laboratory (19) Incidental Vehicle Sales (20) Library (21) Medical Clinic (22) Parking Lot, Commercial subject to Section 4.2.5 (23) Personal Service (24) Pet Care Service (25) Place of Worship (26) Private Club (27) Recreational Vehicle Sales & Service, Small (28) Recycling Bins (29) Restaurant (30) Retail Convenience (31) Retail General (32) Service & Repair, Household (33) Service Station, subject to section 11.7.3(d) (34) Supportive Housing, subject to section 9.14 (35) Technical or Vocational School (36) Vehicle Repair Garage, subject to subsection I I.7.3(e) (37) Veterinary Clinic SJDRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 11.7 11.7.3 CONDITIONS OF USE (a) A Bar, Lounge or Nightclub, permitted in subsection 11.7.2, shall be located a minimum of 90 metres from any Residential zone. (b) A Business Office, permitted in subsection 11.7.2, shall not exceed 3000 square metres in gross floor area. (c) A Dwelling Unit, permitted in subsection 11.72 (i) Shall not be located below the second storey and the main access to any dwelling unit shall be from inside the building at ground level. (ii) Shall not share an internal hallway or entrance with any commercial use in a building. (iii) Notwithstanding (i) and (ii), a Dwelling Unit may be located below the second storey and the main access to any Dwelling Unit may be from outside the building at ground level, where such building is located on a lot that is less than 30 metres from a Residential zone. (d) A Service Station, permitted in subsection 11.7.2, shall be subject to the following provisions: (iv) A minimum lot area of 930 square metres. (v) A minimum lot width of 30 metres. (vi) An entrance or exit for motor vehicles shall not be located closer than 30 metres from an entrance or exit to a Community Facility or Residential zone. (vii) No portion of the building is to be used for a Dwelling Unit. (viii) The fuel pump island shall not be located closer than 7.5 metres to a street line. (ix) The site shall not adjoin any Residential zoned property on the street on which it fronts. (e) A Vehicle Repair Garage shall not be located adjacent to a Residential zone. (f) Any use permitted in subsection 11.7.2, may include a drive -thru feature. 11.7.4 ZONE STANDARDS (a) Lot Area (b) Lot Frontage (c) Lot Depth (d) Front Yard Setback (e) Rear Yard Setback (f) Side Yard Setback (g) Flanking Yard Setback (h) Lot Occupancy (i) Building Height (j) Other Standards Minimum 460 square metres Minimum 15 metres Minimum 30 metres Minimum 3 metres Minimum 3 metres Minimum abutting an "R" zone 7.5 metres Minimum 1.5 metres Minimum abutting an "R" zone 5 metres Minimum 3 metres Maximum 70 percent Maximum 14 metres In accordance with the General Provisions Sections 4 -9 (k) The maximum gross floor area of any single development is 5000 square metres. (1) Notwithstanding subsection (a) there is no maximum gross floor area for a Grocery Store use. (m) No parking or outdoor display area shall be permitted within a required setback. eDRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 ZoneSj 11.8.1 MUNICIPAL PLAN -Pansj The CM Zone accommodates smaller - scale, mixed -use development, to support investment in maintaining and enhancing traditional neighbourhood service corridors. The CM Zone is intended for land that is inside of the Primary Development Area and designated Medium to High Density Residential or Mixed Use Centre. However land in other appropriate designations could be zoned CM. 11.8.2 PERMITTED 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) Bed & Breakfast, subject to Section 9.2 (4) Business Office (5) Community Centre (6) Community Policing Office (7) Day Care Centre (8) Dwelling Unit, subject to section 11.8.3(a) (9) Dwelling Unit, Existing (10) Financial Service (11) Grocery Store (12) Health & Fitness Facility (13) Library (14) Medical Clinic (15) Personal Service (16) Pet Care Service (17) Place of Worship (18) Private Club (19) Restaurant (20) Retail Convenience (21) Retail General (22) Service & Repair, Household (23) Supportive Housing, subject to section 9.14 (24) Veterinary Clinic Zones DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 0 11.8 11.8.3 CONDITIONS OF USE (a) A Dwelling Unit, permitted in subsection 11.8.2: (i) Shall not be located below the second storey and the main access to any Dwelling Unit shall be from inside the building at ground level. (ii) Shall not share an internal hallway or entrance with any commercial use in a building. (iii) Notwithstanding subsections (i) and (ii) above, a Dwelling Unit may be located below the second storey and the main access to any Dwelling Unit may be from outside the building at ground level, but shall not front the public street in which the building faces. (b) A Commercial use, permitted in subsection 11.8.2: (i) Shall be located below the second storey of any building, facing the street in which the building fronts. (ii) May locate on any number of upper floors provided that at least one Dwelling Unit remains in the building. (c) Any use permitted in subsection 11.8.2, shall not include a drive -thru feature. (a) Lot Area Minimum 370 square metres (b) Lot Frontage Minimum 12 metres (c) Lot Depth Minimum 30 metres (d) Front Yard Setback Minimum 0 metres Maximum 3 metres (e) Rear Yard Setback Minimum 0 metres Minimum abutting an "R" zone 3 metres (f) Side Yard Setback Minimum 0 metres Minimum abutting an "R" zone 1.5 metres (g) Flanking Yard Setback Minimum 1.5 metres (h) Lot Occupancy Minimum 50 percent (i) Building Height Minimum 2 storey Maximum 18 metres (j) Other Standards In accordance with the General Provisions Sections 4 -9 (k) Buildings must feature a prominent entrance that is oriented to a public street. (1) No parking or outdoor display area shall be permitted within a required setback. ® DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones 11.9.1 MUNICIPAL PLAN 'Pansj The CL Zone accommodates limited everyday convenience needs for surrounding residential neighbourhoods and may include residential dwelling units. The built form is generally characterized by buildings similar in size and scale to the surrounding residential neighbourhood. The CL Zone is intended for land that is located inside of the Primary Development Area and designated Stable Residential Area or Low Density Residential. However land in other appropriate designations could be zoned CL. 11.9.2 PERMITTED 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) Bed & Breakfast (4) Business Office (5) Community Policing Office (6) Day Care Centre (7) Dwelling Unit, subject to section 11.9.3(a) (8) Dwelling Unit, Existing (9) Grocery Store (10) Library (11) Medical Clinic (12) Personal Service (1 3) Pet Care Service (14) Restaurant (15) Retail, Convenience (16) Service & Repair, Household (17) Supportive Housing, subject to section 9.14 (18) Veterinary Clinic ®SJ DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 11.9 11.9.3 CONDITIONS OF USE (a) A Dwelling Unit, permitted in subsection 11.9.2, shall not share an internal hallway or entrance with any commercial use in a building. (b) Any use permitted in subsection 11.9.2, shall not include a drive -thru feature. 11.9.4 ZONE STANDARDS (a) Lot Area Minimum 460 square metres (b) Lot Frontage Minimum 15 metres (c) Lot Depth Minimum 30 metres (d) Front Yard Setback Minimum 3 metres Maximum 6 metres (e) Rear Yard Setback Minimum 1.5 metres Minimum abutting an "R" zone 7.5 metres (f) Side Yard Setback Minimum 1.5 metres Minimum abutting an "R" zone 3 metres (g) Flanking Yard Setback Minimum 3 metres (h) Lot Occupancy Maximum 50 percent (i) Building Height Minimum 2 storey Maximum 9 metres (j) Other Standards In accordance with the General Provisions Sections 4 -9 (k) The maximum gross floor area of a development is 500 square metres. (1) Buildings must feature a prominent entrance that is oriented to a public street. (m) No parking or outdoor display area shall be permitted within a required setback. ® DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones r; 11.10.1 MUNICIPAL PLAN Pans] The Adult Entertainment Commercial Zone (CAE) permits adult- oriented commercia` land uses, subject to a minimum distance separation of 100 metres from any residentially zoned property. The Adult Entertainment Commercial Zone (CAE) is intended for land that is inside the Primary Development Area. 11.10.2 PERMITTED USES Any land, building or structure may be used for the purposes of and for no other purpose than: (1) Accommodation (2) Adult Entertainment Facility (3) Bar, Lounge or Nightclub (4) Massage Parlour (5) Parking Lot, Commercial, subject to Section 4.2.5 11.10.3 CONDITIONS OF USE (a) Any lot zoned "CAE" shall be located a minimum of 100 metres from any Residential zone. 11.10.4 ZONE STANDARDS (a) Lot Area Minimum 37f"�square metres (b) Lot Frontage Minimum 1metres (c) Lot Depth Minimum A metres (d) Front Yard Setback Minimum 7. metres (e) Rear Yard Setback Minimum 7. J metres (f) Side Yard Setback Minimum 7.11 metres (g) Flanking Yard Setback Minimum 74 metres (h) Lot Occupancy Maximum 5C1, percent (i) Building Height Minimum 2 storey Maximum 9, metres Q) Other Standards In accordance with the General Provisions Sections 4 -9 (k) The maximum gross floor area of any single development is 1000 square metres. (1) No parking shall be permitted within a required setback and no outdoor display area shall be permitted in any yard. If I $S� DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 212 134 0 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones ri" 9 '11 11.11.1 MUNICIPAL PLAN 'Pansj The CRG Zone accommodates small to medium sized, unserviced commercial uses serving rural areas. Generally characterized by small -scale multi- tenant strip -mall type of commercial development and may contain more than one main commercial building on a lot. The CRG Zone is intended for land that is outside of the Primary Development Area and designated Rural Settlement Area, or Rural Residential. However land in other appropriate designations could be zoned CRG. 11.11.2 PERMITTED USES Any land, building or structure may be used for the purposes of and for no other purpose than: (1) Artist or Craftsperson Studio (2) Bakery (3) Banquet Hall (4) Bed & Breakfast (5) Business Office (6) Community Centre (7) Community Policing Office (8) Contractor Service, Household (9) Day Care Centre (10) Dwelling Unit, subject to section 11.11.3(a) (11) Dwelling Unit, Existing (12) Financial Service (13) Grocery Store (14) Health & Fitness Facility (15) Incidental Vehicle Sales (16) Library Zone$j (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 & Repair, Household (27) Service Station, subject to section 11.11.3(b) (28) Technical or Vocational School (29) Vehicle Repair Garage, subject to subsection 11.11.3(c) (28) Veterinary Clinic DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 0 1.11 11.11.3 CONDITIONS OF USE (a) A Dwelling Unit, permitted in subsection 11.11.2: (i) Shall not share an internal hallway or entrance with any commercial use in the building. (ii) If a Dwelling Unit is located on the ground floor, it shall not front the street. (b) A Service Station, permitted in subsection 11.11.2, shall be subject to the following provisions: (i) An entrance or exit for motor vehicles shall not be located closer than 30 metres from an entrance or exit to a "CF" or "R" zone. (ii) No portion of the building is to be used for a Dwelling Unit. (iii) The fuel pump island shall not be located closer than 7.5 metres to a street line. (iv) The site shall not adjoin any Residentially zoned property on the street on which it fronts. (c) A Vehicle Repair Garage permitted in subsection 1111.2 shall not be located adjacent to a Residential zone. (d) Any use permitted in subsection 11.11.2, may include a drive -thru feature. 11.11.4 ZONE STANDARDS (a) Lot Area (b) Lot Frontage (c) Lot Depth (d) Front Yard Setback (e) Rear Yard Setback (f) Side Yard Setback (g) Flanking Yard Setback (h) Lot Occupancy (i) Building Height (j) Other Standards Minimum 5,350 square metres Minimum 30 metres Minimum 30 metres Minimum 7.5 metres Minimum 3 metres Minimum abutting an "R" zone 7.5 metres Minimum 3 metres Minimum abutting an "R" zone M metres Minimum metres Maximum percent Maximum 9 metres In accordance with the General Provisions Sections 4 -9 (k) The maximum gross floor area of any single development is 1000 square metres. (1) No parking or outdoor display area shall be permitted within a required setback. ® DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones INDUSTRIAL ZONES PERMITTED USES The following Permitted Uses table is intended to provide a general list of permitted uses in each Industrial zone. 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, and the general provisions of this By -law. Air Transport Facility Animal Shelter ZONE PERMITTED m Asphalt Plant Auction Facility Bulk Fuel Storage Depot Business Support Service Car Wash Compost Facility m m 0 Concrete Plant Contractor Service, Household m Distribution Facility m Electrical Generation Station Equipment Sales and Rental, Heavy m Fleet Services m General Contracting Service General Industrial Uses Government or Utility Works Depot m Harbour Facility 0 Heavy Industrial Use Incidental Vehicle Sales m Kennel m Landfill Landscape Material Supply Light Industrial Uses m Marshalling Yard 0 Outdoor Storage Yard ® 0 Pit Quarry Recreational Vehicle Sales & Service, Large Recreational Vehicle Sales & Service, Small ZonrSj m m m DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 12.0 Recycling Facility Redemption Centre m M Research & Development Facility m Sales Centre, Model Home m Scrap or Salvage Yard Self- Storage Facility m Service & Repair, Industrial m Special Industrial Use m Towing Service Transportation Depot M ® 0 Transportation Terminal Utility Distribution Structure, Major m Vehicle Body & Paint Shop Warehouse Facility Wastewater Treatment Facility Water Treatment Facility eDRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 ZoneSi 12.1.1 MUNICIPAL PLAN -Pansj The IL Zone accommodates high quality, light industrial developments that operate in such a manner that no nuisance factor is created or apparent outside of an enclosed building. Limited outdoor activities, including but not limited to, loading, service, and storage, that are accessory to a principal use may occur providing the scale of such activities does not unduly conflict with the primary purpose of this Zone or dominate the use of the site. This zone is intended for sites located on, or in proximity to, arterial or collector roadways within an industrial area. The IL Zone is intended for land that is inside of the Primary Development Area and designated Light Industrial Area or Heavy Industrial Area. 12.1.2 PERMITTED USES Any land, building or structure may be used for the purposes of and for no other purpose than: (1) Animal Shelter (11) Recreational Vehicle Sales & Service, Small (2) Business Support Service (12) Recreational Vehicle Sales & Service, Large (3) Car Wash (13) Redemption Centre, subject to subsection 12.1.3(a) (4) Contractor Service, Household (5) Distribution Facility (6) Equipment Sales & Rental, Heavy (7) Fleet Services (8) Kennel (9) Landscape Material Supply (10) Light Industrial Uses (14) Research & Development Facility (15) Sales Centre, Model Home (16) Self- Storage Facility (17) Special Industrial Use (18) Vehicle Body & Paint Shop (19) Warehouse Facility ZonLe, SJ DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 12.1 12.1.3 CONDITIONS OF USE (a) A Redemption Centre, permitted in subsection 12.1.2, shall be subject to the following provisions: (i) The facility shall be registered as a Redemption Centre, pursuant to the Beverage Containers Act of New Brunswick, and comply with all regulations thereunder. (ii) The facility shall be wholly contained within a building and not have any Outdoor Storage associated with the use. 12.1.4 ZONE STANDARDS (a) Lot Area Minimum (b) Lot Frontage Minimum (c) Lot Depth Minimum (d) Front Yard Setback Minimum (e) Rear Yard Setback Minimum Minimum abutting an "R" zone (f) Side Yard Setback Minimum Minimum abutting an "R" zone (g) Flanking Yard Minimum (h) Lot Occupancy Maximum (i) Building Height Maximum (j) Other Standards - metres metres 15 metres r 15metres metres metres percent F2.51 metres accordance with the eneral Provisions Sections 4 -9 0 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Zones. 12.2.1 MUNICIPAL PLAN -Pans1 The IG Zone accommodates a range of industrial manufacturing, processing, assembly, distribution, service and repair uses that may carry out a portion of their operation outdoors or require outdoor storage areas. Any nuisance associated with such uses should not generally extend beyond the boundaries of the site. The IG Zone is intended for land that is inside of the Primary Development Area and designated Heavy Industrial Area. 12.2.2 PERMITTED USES Any land, building or structure may be used for the purposes of and for no other purpose than: (1) Asphalt Plant (2) Auction Facility (3) Concrete Plant (4) General Contractor Service (5) General Industrial Uses (6) Outdoor Storage Yard, subject to subsection 12.2.3(a) (7) Recycling Facility (8) Service & Repair, Industrial (9) Towing Service (10) Transportation Depot (11) Transportation Terminal (12) Uses permitted in Section 12.1.2 subject to the requirements of subsection 12.1.3 & 12.1.4 ZonLe, SJ DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 12.2 12.2.3 CONDITIONS OF USE (a) Where land is used for an Outdoor Storage Yard, the following regulations shall apply: (i) The whole of the operation shall be surrounded by an opaque fence, not less than 2 metres and not greater than 3 metres in height, which is continuous; excluding the necessary gates for site access. (ii) The fence shall be located at least 6 metres from the front property line and 1.5 metres from side and rear property lines, and the land between the fence and any property line not required for entrance and exit driveways shall be a landscaped area, as per section 5.5. 12.2.4 ZONE STANDARDS (a) Lot Area Minimum (b) Lot Frontage Minimum (c) Lot Depth Minimum (d) Front Yard Setback Minimum (e) Rear Yard Setback Minimum Minimum abutting an "R" zone (f) Side Yard Setback Minimum Minimum abutting an "R" zone (g) Flanking Yard Minimum (h) Lot Occupancy Maximum (i) Building Height Maximum (j) Other Standards boo metres 7.5 metres metres 7.5 metres 15 metres 1 7.5 metres L65 percent F15 metres In accordance with the General Provisions Sections 4 -9 GDRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones Zonef $ j 12.3.1 MUNICIPAL PLAN -Pansj The IH Zone accommodates large- scale, industrial uses that due to their appearance, noise, odour, risk of toxic emissions, or fire and explosion hazards are incompatible with residential, commercial and other land uses. This zone should normally be located on the interior of industrial or agricultural areas, such that it does not interfere with the safety, use, amenity or enjoyment of any surrounding zones. The IH Zone is intended for land that is outside of the Primary Development Area and designated Rural Industrial Area and existing Heavy Industrial Uses within the Primary Development Area and designated Heavy Industrial Area. 12.3.2 PERMITTED USES �c Any land, building or structure may be used for the purposes of and for no other purpose than: (1) Bulk Fuel Storage Depot (2) Electrical Generation Station (3) Heavy Industrial Uses (4) Scrap or Salvage Yard, subject to subsection 12.3.3 (5) Uses permitted in Section 12.2.2, subject to the requirements in subsection 12.2.3 & 12.2.4 12.3.3 CONDITIONS OF USE (a) Where land is used for a Scrap or Salvage Yard, permitted in subsection 12.3.2, the following regulations shall apply: (i) The whole of the operation shall be surrounded by an opaque fence, not less than 2 metres and not greater than 3 metres in height, which is continuous; excluding the necessary gates for site access. (ii) The fence shall be located at least 6 metres from the front property line and 1.5 metres from side and rear property lines, and the land between the fence and any property line not required for entrance and exit driveways shall be a landscaped area, as per section 5.5. DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 C I 12.3 12.3.4 ZONE STANDARDS (a) Lot Area Minimum (b) Lot Frontage Minimum (c) Lot Depth Minimum (d) Front Yard Setback Minimum (e) Rear Yard Setback Minimum (f) Side Yard Setback Minimum (g) Flanking Yard Minimum (h) Lot Occupancy Maximum (i) Building Height Maximum (j) Other Standards 150 metres 150 metres 150 metres 150 metres 60 percent 30 metres In accordance with the General Provisions Sections 4 -9 aDRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones 40 g 12.4.1 MUNICIPAL PLAN -P& -ns1 The Pit & Quarry Zone (PQ) accommodates resource extraction activities associated with a pit or a quarry operation. These uses may include excavation of sand, gravel, clay, shale, limestone or other aggregate deposits as well as the equipment to undertake the operation. Progressive rehabilitation of these sites is a requirement of these operations. Pit or quarry operations are considered temporary uses in the Rural Resource Areas and the City will support rezoning these properties back to appropriate rural related land uses once an active operation has been exhausted and rehabilitated. The Pit & Quarry Zone (PQ) is generally intended for land that is outside of the Primary Development Area, in the Rural Area, and designated Rural Resource Area. 12.4.2 PERMITTED USES Any land, building or structure may be used for the purposes of and for no other purpose than: (1) Excavation of sand, gravel, clay, shale, limestone, or other deposits (2) Pit (3) Quarry (4) Topsoil Removal 12.4.3 SECONDARY USES (1) Screening of Aggregates (2) Crushing and Washing of Aggregates (3) Storage of Aggregates, Topsoil and Overburden (4) Parking and Storage of Trucks and Heavy Equipment (5) Caretaker's Residence (6) Office and Storage Buildings (7) Weigh Scales 12.4.4 PROHIBITION OF EXCAVATION (1) Any excavation of material identified in situations in Section 12.4.2 if it is undertaken for the purposes of sale or other commercial use, is prohibited until an excavation permit has been obtained. ZonLe, Sj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 12.4 12.4.5 ZONE STANDARDS (1) Subject to Section 12.4.6(3), the minimum distances stipulated herein must be maintained between any excavation upon land with respect to which an excavation permit has been issued and the following situations: Minimum Distance Minimum Distance Minimum Distance From a Quarry From a Pit From a Crusher (a) Public Water Supply 600m 150m 150m (b) Residentially zoned property or existing dwellings at the time of the application to rezone for a pit or quarry 200m 150m 200m (c) Public Road 30m 30m 30m (d) Property Line of the Excavation Site 30m 30m 30m (e) Other Zones 50m 30m 50m (2) 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, or a public street or an adjacent zone other than an IL Light Industrial, IG General Industrial, IH Heavy Industrial or PQ Pit and Quarry Zone. (3) Notwithstanding subparagraph 1(c), that no excavation take place within seven and one -half (7.5) metres at the ground line of the legs of a power transmission line tower, with a slope of not less than one and one -half (1 1 /2) metres horizontal to one (1) metre vertical away there from. 12.4.6 ACCESS (1) Every private access shall be located a minimum of 30 metres from the property lines of the pit or quarry; (2) Every private access shall be paved for the first 30 metres from its intersection with a public street, (3) Where one or more residential dwellings exist within 150 metres of the private access, that portion of the private access must be paved unless; (a) the dwelling or dwellings are owned by the owner of the pit or quarry served by the said private access or; (b) there exists either a natural treed screen having a minimum depth of 30 metres and a minimum height of 4 metres, a natural topographic feature 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 m further on either side. (4) Every private access created subsequent to the coming into force of this section and which has a length greater than 50 metres shall be constructed in a curved fashion so as to prevent direct visibility of the excavation site and operation from the public street at its intersection with the private access; (5) Every private access to a pit or quarry shall have a gate at the entrance, within 20m of the public road. The gate shall be locked when the pit or quarry is not actively in operation. GDRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones 12.4.7 HOURS OF OPERATION (1) 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. 12.4.8 SCREENING (1) 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 road 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. (2) The location of buffers, existing 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. Onsite material may be used for constructing buffers and berms. 12.4.9 SITE REHABILITATION (1) The land with respect to which an excavation permit has been issued shall be rehabilitated in a progressive manner in accordance with Section 12.4.13 hereof. 12.4.10 EXCAVATION PERMIT APPLICATION (1) A person seeking to obtain an excavation 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; (c) order of sequence for excavating the balance of the land and the intended use of the land after excavation has ceased; (d) contain a statement of the estimated volume of material in cubic metres proposed to be excavated during the term of the excavation permit; (e) 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 accordance with the provisions of this By -law in the event the owner has failed to do so within the time limits stipulated herein; (f) state the estimated dates of commencement and duration of the excavation; (g) 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; ZonLe, SJ DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 12.4 (h) 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; (i) set out the controls and methods to be employed in preventing the emission of smoke, dust, odours, toxic materials, vibrations and noise; (i) 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 "; (iii) 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 ". (j) include one or more plans drawn to a scale of not less than 1 to 1000 by a professional engineer, landscape architect, land use planner and or, surveyor. These plan(s) shall show the phased development of a pit or quarry for a period of 1 -5 years and shall indicate; (i) the boundaries of the property with respect to which the application is made, and its relation to existing streets and other properties; (ii) existing 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 existing natural watercourses and drainage areas as at the seasonal spring peak flow period; (iv) location of existing power transmission line towers and other structures; (v) an outline of the area to be excavated; (vi) the location of proposed water courses 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); (xii) the depth of the existing water table; (xiii) the method of achieving a closed loop drainage system at the excavation area. If a closed loop system cannot be achieved, illustrate on site plans and have evidence that the Provincial or Federal approval authority, has approved an alternative drainage system; (xiv) the location of an existing or proposed water source for use in dust control measures subject to subparagraph 12.4.12(6); GDRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones (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. (k) Where the application is for an excavation permit relating to a pit or quarry proposed to be opened subsequent to the coming into force of this sub - paragraph, a statement from a professional engineer or hydrologist identifying the depth of the existing water table at the location of the proposed excavation as well as his opinion respecting effect if any, of the proposed excavation upon that water table level on adjacent properties not owned by the applicant; (1) Where an application for an excavation permit relating to an existing 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 existing water table at the location of the proposed excavation as well as his opinion respecting effect, if any, of the proposed excavation upon that water table level; (m) An application for an excavation permit shall be accompanied by one or more plans, other than those mentioned in paragraph 12.4.10(1)(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 walls; (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. (n) Each application for an excavation permit shall be accompanied by a fee of $1,100. 12.4.11 EXCAVATION PERMIT (1) Subject to subsection (4) the Building Inspector shall issue an excavation permit where: (a) an application under this Section has been received and; (b) the applicant has deposited with the Building Inspector security in accordance with subsection (6), satisfactory to the Building Inspector and; ZonLe, SJ DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Is 12.4 (c) the proposed excavation and rehabilitation of the land for which an excavation permit has been sought have been approved by the Development Officer as conforming with all requirements of this By -law; and (d) the fee set out in Section 12.4.10 (1)(m) has been paid. (2) An excavation permit is valid from the date of its issuance until the earlier of: (a) December 31 st of the same year; or (b) The date of the registration in the Saint John County Registry Office of a Deed conveying title to the land in question from the applicant. (3) In the event an excavation 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 subsection (6); 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. (4) An excavation permit shall: (a) be in the form prescribed by the Building Inspector, (b) be signed by the Building Inspector; (c) indicate the purpose of the work to be carried on; (d) set out any controls or measures which in the opinion of the Building Inspector shall be employed in the operation, including any conditions which may have been imposed by Common Council upon the re zoning of the site. (5) No permit may be issued under subsection (1) if: (a) the proposed work would; (i) create a hazard to human life; (ii) endanger adjoining property, or (iii) adversely affect a public sewer, water main, watercourse or street; or (iv) not meet the conditions of use set out in the zones which permit the excavation use. (b) 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. (6) No excavation permit may be issued under subsection (1) until the applicant has deposited a security in the form of money, Letter of Credit, or a bond in favour of the City, 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. ® DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones 12.4.12 PERMIT CONDITIONS A permit under Section 12.4.11 is subject to the following terms and conditions: (1) Size of the Actively Excavated Area : (a) The actively excavated area(s) of a pit shall not exceed 5 hectares at any time. (2) Slope of Working Face: (a) The slope of the working face of the excavation, other than in a quarry, must not be steeper than one and one - quarter (1 1/4) metres horizontal to one (1) metre vertical for the full depth of the excavation; (b) Subject to paragraph subsection (3) quarries are permitted to have a vertical working face; (c) 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; (d) Where an occasional operating condition results in a working face having a slope steeper than the one and one - quarter (1 1/4) 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. (3) Protection at Vertical Slopes: (a) 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. (b) 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. (4) Access (a) Every private access serving a new or existing pit or quarry shall be maintained in a 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. (5) Water Table (a) No excavation shall take place in a pit or quarry so as to lower the water table on land adjacent to that for which an excavation permit has been issued. The ultimate depth of the excavation must be able to sustain the intended long term uses of the land as indicated. (6) Water Source (a) Every new or expanding pit or quarry must have an available natural or man -made source of water on site, sufficient to meet the requirements of the Provincial Clean Environment Act, before excavation can take place. ZonLe, SJ DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 12.4 (7) Site Drainage (a) 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. (8) Property Lines (a) The owner shall have the property 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. (9) Topsoil Removal (a) 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, not including access roads. Removal of topsoil shall not extend beyond the excavation area as approved for the current year of the permit. (10) Clear Cutting (a) Clear cutting of trees or other existing vegetation is not permitted to extend any further than the excavation area for the current year of the permit and access road as illustrated on the approved site plan. 12.4.13 SITE REHABILITATION (1) Progressive Rehabilitation: (a) The owner of the land shall be capped with an (b) The owner of the land, in accordance with the approved site plan, shall undertake progressive rehabilitation of any part of the pit or quarry which is no longer being actively excavated and is considered exhausted. (c) All rehabilitated areas shall be monitored by the Building Inspector for twelve (12) months after these areas have been deemed to be rehabilitated by the owner. After twelve (12) months: (i) The security being held against actively excavated and disturbed areas of the site shall be reduced in an amount proportional to the areas that have been successfully progressively rehabilitated. (ii) Any area not deemed to be successfully rehabilitated after 12 months, shall not be included in the reduction of security and the owner shall be required to reinvest in rehabilitation of these areas by the end of that year. (2) Full 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: (b) the excavation or any portion thereof has reached its maximum allowable depth as well the minimum setback requirements set out in the Sections 12.4.5 and 12.4.12; or (c) 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; ® DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones (d) the section of the excavation site is not required for other purposes related to the operation; (e) 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 an excavation permit has been issued. (3) 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 of Transportation Departments specification for hydro seeding. Exposed rock outcrops shall be considered natural features and shall not be required to be vegetated. (4) In the case of a gravel pit, the slope of the working face of the excavation must 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 hydro- seeded, where appropriate. (5) In the case of a quarry the working face of the excavation must 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. (6) The top of the rehabilitated slope of an excavation must not be located within the applicable minimum set back requirements as set out in Section 12.4.5. (7) 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 subparagraph 12.4.12(3) 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. (8) 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 which satisfactorily resolve the problem. (9) 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. (10)The rehabilitation required hereby must be completed no later than 12 months following the deadline for the commencement of rehabilitation established herein. (11) Rehabilitation of the portions identified in subsection 12.4.13(2) must be completed no later than one year following its commencement. 12.4.14 ENFORCEMENT (1) 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 excavation 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. (2) Council may cause any work to be done and to be paid for from the security deposit. ZonLe, Sj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 e DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Zones Itil 12.5.1 MUNICIPAL PLAN -P&Ws1 The Transportation Zone (T) accommodates a range of transportation related land uses including facilities for harbour, rail, and air. The Transportation Zone m specifically recognizes land that is owned by the Port Authority and the Airport Authority and is designated Federal Transportation and land that is owned by rail operators and designated Heavy Industrial. 12.5.2 PERMITTED USES Any land, building or structure may be used for the purposes of and for no other purpose than: (1) Air Transport Facility (2) Harbour Facility (3) Marshalling Yard (4) Outdoor Storage Yard, subject to subsection 12.5.3(a) (5) Transportation Depot (6) Transportation Terminal (7) Warehouse Facility 12.5.3 CONDITIONS OF USE (a) Where land is used for an Outdoor Storage Yard, permitted in subsection 12.5.2, the following regulations shall apply: (i) The whole of the operation shall be surrounded by an opaque fence, not less than 2 metres and not greater than 3 metres in height, which is continuous; excluding the necessary gates for site access. (ii) The fence shall be located at least 6 metres from the front property line and 1.5 metres from side and rear property lines, and the land between the fence and any property line not required for entrance and exit driveways shall be a landscaped area, as per section 5.5. ZonLe, SJ DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 12.5 12.5.4 ZONE STANDARDS (a) Lot Area Minimum (b) Lot Frontage Minimum (c) Lot Depth Minimum (d) Front Yard Setback Minimum metres (e) Rear Yard Setback Minimum �7.5 metres Minimum abutting an "R" zone 15 metres (fl Side Yard Setback Minimum 7.5 metres Minimum abutting an "R" zone 15 metres (g) Flanking Yard Minimum 07.5 metres (h) Lot Occupancy Maximum 060 percet (i) Building Height Maximum 011 metres (i) Other Standards r In accordance with the General Provisions Sections 4 -9 GDRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 zones 12.6.1 MUNICIPAL FLAN -Pans1 The US Zone accommodates a range of necessary utility and service infrastructure including operations centres, associated works yards and headquarters. The US Zone is intended for land that is inside or outside of the Primary Development Area and could have any land use designation. 12.6.2 PERMITTED USES Any land, building or structure may be used for the purposes of and for no other purpose than: (1) Government or Utility Works Depot, subject to subsection 12.6.3(a) (2) Utility Distribution Structure, Major (3) Wastewater Treatment Facility (4) Water Treatment Facility 12.6.3 CONDITIONS OF USE (a) A Government or Utility Works Depot, permitted in subsection 12.6.2, shall not be located within 60 metres of a Residential zone. 12.6.4 ZONE STANDARDS (a) Lot Area (b) Lot Frontage (c) Lot Depth (d) Front Yard Setback (e) Rear Yard Setback (f) Side Yard Setback (g) Flanking Yard (h) Lot Occupancy (i) Building Height (j) Other Standards Minimum Minimum Minimum Minimum Minimum Minimum Minimum Maximum Maximum 1500 square metres 30 metres 45 metres 7.5 metres 7.5 metres 7.5 metres 7.5 metres 40 percent 11 metres In accordance with the General Provisions Sections 4 -9 ZonLe, SJ DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Zones 12.7.1 MUNICIPAL PLAN -P&Wsj The USL Zone accommodates the existing Crane Mountain Landfill which supports the uses associated with managing refuse, recycling, and organics treatment. The USL Zone is intended to recognize the existing Crane Mountain Landfill, located outside of the Primary Development Area and designated Rural Industrial. 12.7.2 PERMITTED USES Any land, building or structure may be used for the purposes of and for no other purpose than: (1) Composting Facility (2) Landfill, subject to subsection 12.7.3(a) (3) Recycling Facility (4) Redemption Centre, subject to subsection 12.7.3(b) 12.7.3 CONDITIONS OF USE (a) A Landfill, permitted in subsection 12.6.2, shall be enclosed by natural buffering and /or constructed earth berms. (b) A Redemption Centre, permitted in subsection 12.7.2, shall be subject to the following provisions: (i) The facility shall be registered as a Redemption Centre, pursuant to the Beverage Containers Act of New Brunswick, and comply with all regulations thereunder. (ii) The facility shall be wholly contained within a building and not have any outdoor storage associated with the use. ZonLe, SJ DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 12.7 12.7.4 ZONE STANDARDS (a) Lot Area Minimum 500 hectares (b) Lot Frontage Minimum (c) Lot Depth Minimum (d) Front Yard Setback Minimum: Buildings &Structures metres Minimum: Landfill 150 I metres (e) Rear Yard Setback Minimum: Buildings & Structures 15 metres Minimum: Landfill 1 metres (f) Side Yard Setback Minimum: Buildings & Structures 151 1150 metres Minimum: Landfill metres (g) Flanking Yard Minimum: Buildings & Structures 151 1150 metres Minimum: Landfill metres (h) Lot Occupancy Maximum 1 35 1 percent (i) Building Height Maximum Pr 11 metres (j) Other Standards In accordance with the General Provisions Sections 4 -9 GDRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Zones ZoneSj 0 M �� 13.0 COMMUNITY FACILITY ZONES PERMITTED USES The following Permitted Uses table is intended to provide a general list of permitted uses in each Community Facility zone. 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, and the general provisions of this By -law. Community Arena Community Centre ZONE PERMITTED EM EM Community Policing Office Correctional Services Cultural Establishment Day Care Centre Emergency Services Facility Hospital Library Place of Worship EM Recreation Facility, Indoor Recreation Facility, Outdoor Rehabilitation Centre School (K -8) School (K -12) Supportive Complex Supportive Facility Supportive Housing Transition Housing University of College EM 163 ZoneSi C F� 13.1.1 MUNICIPAL PLAN -P&WSj The CFN Zone accommodates a limited range of community- oriented facilities, including arenas, community centres, elementary schools and recreational facilities that are complementary to surrounding residential neighbourhoods. The CFN Zone is intended for any land use designation where appropriate. 13.1.2 PERMITTED USES Any land, building or structure may be used for the purposes of and for no other purpose than: (1) Community Arena (8) Place of Worship (2) Community Centre (9) Recreation Facility, Indoor (3) Community Policing Office (10) Recreation Facility, Outdoor (4) Cultural Establishment (11) School (K -8) (5) Day Care Centre (12) Supportive Facility (6) Emergency Services Facility (13) Supportive Housing (7) Library (e) Rear Yard Setback 13.1.3 ZONE STANDARDS (a) Lot Area Minimum 800 square metres (b) Lot Frontage Minimum 20 metres (c) Lot Depth Minimum 30 metres (d) Front Yard Setback Minimum 3 metres Maximum 22 metres (e) Rear Yard Setback Minimum 7.5 metres (f) Side Yard Setback Minimum 7.5 metres (g) Flanking Yard Minimum 7.5 metres (h) Lot Occupancy Maximum 50 percent (i) Building Height Minimum 2 storeys Maximum 12 metres (j) Other Standards In accordance with the General Provisions Sections 4 -9 (k) Buildings must feature a prominent entrance that is oriented to a public street. ZoneS] m ZoneSI F; 13.2.1 MUNICIPAL PLAN -P&W5J The CFM Zone accommodates a range of large - scale community uses that typically provide services to the regional population, including hospitals, correctional facilities, major recreational facilities, and rehabilitation centres. All Neighbourhood Community Facility uses are also permitted. The CFM Zone is intended for any land use designation where appropriate. 13.2.2 PERMITTED USES Any land, building or structure may be used for the purposes of and for no other purpose than: (1) Community Arena (2) Community Centre (3) Community Policing Office (4) Correctional Services (5) Cultural Establishment (6) Day Care Centre (7) Emergency Services Facility (8) Hospital (9) Library (10) Place of Worship (11) Recreation Facility, Indoor (12) Recreation Facility, Outdoor i� ZOWSJ (13) Rehabilitation Centre (14) School (K -8) (15) School (9 -12) (16) Supportive Complex (17) Supportive Facility (18) Supportive Housing (19) Transition Housing (20) University or College 13.2 13.2.3 ZONE STANDARDS (a) Lot Area Minimum 1,850 square metres (b) Lot Frontage Minimum 30 metres (c) Lot Depth Minimum 45 metres (d) Front Yard Setback Minimum 5 metres Maximum 22 metres (e) Rear Yard Setback Minimum 7.5 metres (f) Side Yard Setback Minimum 7.5 metres (g) Flanking Yard Minimum 7.5 metres (h) Lot Occupancy Maximum 50 percent (i) Building Height Minimum 2 storeys Maximum 24 metres (j) Other Standards In accordance with the General Provisions Sections 4 -9 (k) Buildings must feature a prominent entrance that is oriented to a public street. (1) Buildings that are more than 4 storeys in height shall incorporate a step -back at the third storey level to a minimum depth of 1.5 metres on any fa ade that faces a public street. (a ZoneSj zones DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 r!� 14.0 OTHER ZONES PERMITTED USES The following Permitted Uses table is intended to provide a general list of permitted uses in each Other zone. 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, and the general provisions of this By -law. USE ZONE PERMITTED Agricultural Use RU Animal Shelter RU Bed & Breakfast Business or Commercial Use Cemetery Commercial Recreation Community Centre Community Garden Cultural Establishment Day Care Centre Daycare, Home Daycare Neighbourhood Dwelling, Existing Dwelling, One -Unit Dwelling, Two -Unit Equestrian Facility Exhibition Grounds Farmers Market Fishery Forestry Use Home Occupation Institutional or Public Use Interpretive Centre Kennel Library E E RU RU FD FD RU RU RU C FD* E E RU RU FD Mobile or Mini -Home RU Recreation Facility, Indoor Recreation Facility, Outdoor Rehabilitation Centre Residential Use ID Restaurant ■ Supportive Housing RU Trails & Walkways Veterinary Clinic RU DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Zone 1 FD RU RU RU C P RU RU RU ID so RU Mobile or Mini -Home RU Recreation Facility, Indoor Recreation Facility, Outdoor Rehabilitation Centre Residential Use ID Restaurant ■ Supportive Housing RU Trails & Walkways Veterinary Clinic RU DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Zone 1 ri."611 14.1.1 MUNICIPAL PLAN -Pan5j The P Zone accommodates a range of passive and active recreational pursuits as well as a number of more intense recreational opportunities subject to approval. The P Zone is intended for all land use designations where appropriate. 14.1.2 PERMITTED USES Any land, building or structure may be used for the purposes of and for no other purpose than: (1) Cemetery (2) Community Centre (3) Community Garden (4) Dwelling, Existing (5) Farmers Market (6) Interpretive Centre (7) Recreation Facility, Outdoor 14.1.3 CONDITIONAL USES (1) Commercial Recreation (2) Cultural Establishment (3) Exhibition Grounds (4) Recreational Facility, Indoor (5) Restaurant 14.1.4 ZONE STANDARDS (a) Lot Size Minimum (b) Lot Frontage Minimum (c) Lot Depth Minimum ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 ®i 14.2 14.2.1 MUNICIPAL PLAN -P&WSj The Environmental Protection Zone (EP) accommodates land that is generally government owned and located within the watershed boundary of waterways that provide drinking water to the City of Saint John. Development of any kind is not permitted as these lands are to remain in their natural state. 14.2.2 PERMITTED USES Any land, building or structure may be used for the purposes of and for no other purpose than: (1) Area of Natural or Scientific Interest (2) Existing Dwelling 14.2.3 ZONE STANDARDS (a) Lot Size Minimum (b) Lot Frontage Minimum (c) Lot Depth Minimum DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 q • 7VW -0 -_ ZoneSj 1 14.3.1 MUNICIPAL PLAN -Pans1 The ID zone is intended for land inside of the Primary Development Area. This zone may be utilized in the future through a rezoning process. 14.3.2 PERMITTED USES Any land, building or structure may be used for the following purposes in an "ID" Zone provided that Council has approved a specific proposal including that use pursuant to Section 39 of the Community Planning Act: (1) Residential Use (2) Business or Commercial Use (3) Institutional or Public Use 14.3.3 ZONE STANDARDS Standards of development in an "ID" Zone shall not be subject to General Sections 4 to 9 but shall be limited by the proposal which is approved by Council pursuant to Section 39 of the Community Planning Act. ZonLe, SJ DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 14.4 14.4.1 MUNICIPAL PLAN -P&ws] The Future Development Zone (FD) is intended for undeveloped land that is inside of the Primary Development Area. Future development of these lands is intended however considered premature at this time due to location and /or lack of municipal servicing. 14.4.2 PERMITTED USES Any land, building or structure may be used for the purposes of and for no other purpose than: (1) Uses legally in existence at the time of the passing of this By -law (2) Dwelling, One -Unit. 14.4.3ZONE STANDARDS (a) Lot Size Minimum (b) Lot Frontage Minimum (c) Lot Depth Minimum DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 251 f J ZoneSj 14.5.1 MUNICIPAL PLAN -Pans1 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. 14.5.2 PERMITTED USES 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 -Unit; (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. zsotw j DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 14.5 14.5.3 CONDITIONS OF USE A Mobile or Mini -Home permitted in subsection 14.5.2 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.which are not offset by at least 1 metre from each other. 14.5. 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) Minimum Ground Floor Area: One - Storey Split -Level 1 112, 2 or 3 Storeys (i) Maximum Building Height (j) Other Requirements 40,000 square metres 120 metres 80 metres 15 metres 20 metres 15 metres 15 metres 74 square metres 59 square metres 52 square metres 11 metres In accordance with the General Provisions, Sections 4 -9 ® DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Zones ZoneS DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 �r a t OAK- 4 ANN- i ® DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 AI y W, Legend RH - High -Rise Residential RC - Urban Centre Residential RM - Mid -Rise Residential RL - Low -Rise Residential RP - Mini -Home Park Residential R2 - Two -Unit Residential R1 - One -Unit Residential RSS - Suburban Residential RS - Rural Settlement Residential RR - Rural Residential - CU - Uptown Commercial CR - Regional Commercial R CC - Corridor Commercial CG - General Commercial CGR - Rural General Commercial CL - Local Commercial iCWID - Waterfront Commercial - CBP - Business Park Commercial CM - Mixed Commercial IL- Light Industrial IG - General Industrial - IH - Heavy Industrial US - Utility Service Industrial USL- Utility Service Industrial - Landfill T- Transportation Industrial - PQ - Pit & Quarry - CFM - Major Community Facility - CFN - Neighbourhood Community Facility P - Park EP - Environmental Protection ID - Integrated Development FD - Future Development RU - Rural Schedule A City of Saint John ZONING MAP October Z 2013 DRAFT ZoneS] SCHEDULE B: FEES Except as otherwise provided in this By -law, the following fees are required with regards to any matter considered by the Common Council, Planning Advisory Committee or the Development Officer: Type of Application or Service (a) Amendment to Section 39 Conditions (b) Conditional Use (c) Non - Conforming Use (d) Similar or Compatible Use (e) Temporary Use (f) Variance (g) Zoning By -law Amendment Required Application Fee (h) Zoning By -law Amendment requiring a Municipal Plan Amendment (i) Zoning Confirmation Letter $2,500.00 $250.00 $250.00 $250.00 $250.00 $250.00 $2,500.00 $3,500.00 $100.00 (� J'j DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 Zone Sj AV - -• SCHEDULE C SCHEDULE D: Intensification Areas Zonesi PARKING REDUCTION AREA (MAIN STREET WEST) c co N ZN N� Roti Mq /N 3T W 3TFR AV oZ� J� Z COSTAR ST�� S T EXIT 119A RP �CS� oeRi 119 ) ca FP cli G� EXIT 1196 RP 1198 RP SIMMS S DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 SCHEDULE D: Intensification Areas AV SCHEDULE D: Intensification Areas SCHEDULE D: Intensification Areas AV SCHEDULE D: Intensification Areas SCHEDULE D: Intensification Areas SCHEDULE E: PROPOSED LIST OF EXEMPTIONS No. Zone Civic Address 1 CGR 303 Golden Grove Road 2 CGR 510 Golden Grove Road 3 CGR 1079 -1109 Westfield Road 4 CGR 1159 Westfield Road 5 CGR 1161 Westfield Road Land Use Office, warehouse / shop and storage yard for construction materials (water and sewer pipes, fittings, valves, etc.) Distribution warehouse Maintenance garage, warehousing and building a landscaping business / warehousing an auto body repair shop, a contracting company (primarily focused on snow removal, salting and sanding of roads, etc.), a door & window shop, a roofing business as well as a small use car sales office 6 CGR 1183 Westfield Road Hygiene services company 7 CGR 1199 Westfield Road Pest control company 8 CC 305 -311 Rothesay Avenue Molasses processing and distribution facility 9 RM 61 -91 Millidge Avenue Dairy products processing and distribution facility 10 CC 485 McAllister Drive Trucking depot 11 RC 39 Bridge Street Marine services ZoneSj DRAFT CITY OF SAINT JOHN ZONING BY -LAW, 2013 266 �' -- SAINT JOHN Growth & Community Development Services 10th Floor, City Hall City of Saint John P.O. Box 1971 1 Saint John, NB E21- 41-1 ?r Zonesi if REPORT TO COMMON COUNCIL City of Saint John October 8, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Saint John Industrial Parks Letters Patent and By —Law Review BACKGROUND: In May of 2013 the Board of the Saint John Industrial Parks (SJIP) directed the GM to seek the City Manger's support and direction as to how the City's economic development company could advance an overhaul its governance practices and dated By -laws. The City Manager directed the GM to speak with the Nominating Committee to review the planned work and to secure direction as to how to best proceed. SJIP set out to provide comfort to Council, as SJIP aims to ensure they would be completely aware of and engaged in this transparent and collaborative process. The GM received direction from the Deputy Mayor, as representative of the Nominating Committee as to how to best proceed. Direction to begin the process was encouraged with a submission to Council for its consideration. The Work SJIP effectively wants to bring its By -Laws and associated governing policies up to date. The current By -laws date back to 1966 and create governance challenges. In many instances the direction provided is meaningless due to the evolution of the Company and today's business environment. The By -law review is the governance foundation from which a variety of policies will flow. In order to facilitate the By -law review and associated policy work, SJIP must first update its Letter's Patent. IM -2- Ms. Dora Nicinski has been engaged by SJIP to facilitate this effort. In general terms, this process will update the Company's mandate and review the current governance structure. The governance review is to effect; good governance, proper procedures, manage risk, support clear and certain decision making and the rules of doing same, define levels of autonomy, support the accomplishment of goals, address confidentiality, and clarify the roles of staff and directors. Upon completion SJIPL will embody responsible, accountable and transparent decision making. The Company's Solicitor, John MacGillivray is prepared to update the Company's enabling documentation and support associated By -law changes. Ms. Nicinski will facilitate the creation of the By -laws and any necessary Policy documents. SJIP commits to presenting the drafts of all Bylaw and Policy to Common Council for feedback, direction and sign off. RECOMMENDATION: That Common Council directs Saint John Industrial Parks Ltd. to revise its' Letter's Patent, By -laws and supporting Policies and to report back to City Council with draft submissions of each document for review and approval. Respectfully subrailted, (K raig, President, Sint John Industrial Parks Ltd. 269 REPORT TO COMMON COUNCIL M &C2013 -226 October 10, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: The City of Saint John SUBJECT: Contract No. 2013 -21: — North End 900 mm Diameter Water Transmission Main Chamber Rehabilitation — Forest Street to Reversing Falls Area BACKGROUND The approved 2013 Water & Sewerage Utility Fund Capital Program includes a project for the Rehabilitation of the 900 mm "Central Spine" water transmission main chambers and associated equipment to improve the delivery security along the pipeline alignment from Forest Street to Reversing Falls. TENDER RESULTS Tenders closed on October 9, 2013 with the following results: 1. Terraex Inc., Saint John, NB 2. Keel Construction Ltd, Saint John, NB 3. Gulf Operators Ltd., Saint John, NB 4. Fairvaille Construction Ltd., Saint John, NB 5.Galbraith Construction, Saint John, NB 6. Falls Construction Ltd., Grand Falls, NB The Engineer's estimate for the work was $225,000. ANALYSIS $167,635.50 $177,353.50 $217,412.00 $235,492.00 $377,420.00 $1,083,500.50 The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low Tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. 270 M &C2013 -226 October 10, 2013 Page 2 FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2013 Water & Sewerage Utility Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. The analysis is as follows: Budget $ 250,000 Project net cost $ 218,600 Variance (surplus) $ 31,400 POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that: 1. Contract No. 2013 -21: North End 900 mm Diameter Water Transmission Main Chamber Rehabilitation Forest Street to Reversing Falls Area be awarded to the low Tenderer, Terraex Inc. at the tendered price of $167,635.50 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, P. oel Landers, P.Eng. Municipal Engineer Wm. Edwards, P. Eng, Commissioner Transportation and Environment 271 Brian Keenan, P. Eng. Engineering Manager J. Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL M & C — 2013 -227 October 11, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Saint John Skating Club - Mini Battle of the Blades The City of Saint John On Saturday October 19'h the Saint John Skating Club will be participating in the Mini Battle of the Blades. Saint John is one of the eight remaining cities across Canada competing for the championship. This event will take place at the Peter Murray Arena and appear on the Battle of the Blades national television series to be broadcasted on CBC. The company that produces Battle of the Blades, Insight Productions, wishes to enter into an agreement with the City of Saint John in order to have permission to film on our property. See "Location Agreement" attached. Staff believes this an opportunity to showcase the activity and competition levels of the youth in our city. Insurance and Claims staff see little risk associated with filming the activity and have no issues with the terms of the agreement. RECOMMENDATION: That the Mayor and Common Clerk be authorized to sign the attached contract to allow Insight Productions to film the Saint John Skate Club at the Peter Murray Arena on Saturday October 19'h, 2013. Respectfully submitted, /6) Ray Walsh BPE, MBA Parks Operations Manager Transportation and Environment Wm. Edwards P.Eng. Commissioner Transportation and Environment =I Michael Hugenholtz P. Eng. Deputy Commissioner Transportation and Environment Patrick Woods CGA City Manager 272 Insight — Battle the Blades 4 Ltd. 489 King Street West, Suite 401 Toronto, Ontario M5V 1 K4 Tel:(416) 596 -8118 PRODUCTIONS Fax: (416) 596 -8270 E- Mail: insight @insighttv_com Location Agreement For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned hereby grants permission to INSIGHT — BATTLE OF THE BLADES 4 LTD. ( "INSIGHT ") and those authorized on its behalf, to enter and use the property at 701 Dever Rd saint John NB (the "Property") for the purpose of photographing and recording on videotape, or audiotape scenes for a television program currently entitled 'Battle of the Blades" and all episodes thereof (the "Program "). INSIGHT shall have the right to bring personnel, materials and equipment, including but not limited to props and temporary sets, onto the Property and to remove them upon completion of the work contemplated hereunder. The undersigned agrees that Insight shall have the right visually and/or in dialogue, to attribute fictional events and/or characters to the property and /or to change and/or fictionalize the name, address, and/or description of the property (i.e. by covering signs and/or logos with fictionalized signs) as INSIGHT determines in its sole discretion. INSIGHT is not obligated to actually use the Property or to include any of said photography and/or said sound recordings in any production. The undersigned may not terminate or rescind the permission granted to INSIGHT hereunder to use and photograph the Property. In the event of any claim by the undersigned against INSIGHT, the undersigned shall be limited to the undersigned's remedy at law for damages, if any, and the undersigned may not enjoin, restrain or interfere with the use of the Property as provided in this Agreement or the production, distribution, exhibition or exploitation of any production or the exploitation of any of INSIGHT rights hereunder. The undersigned hereby acknowledges and agrees that INSIGHT shall exclusively own all rights in and to any photographs, motion pictures and recordings taken at the Property and that INSIGHT shall enjoy and use the photographs, film and other recordings of the Property (including all works of art, commercial logos, all interior and exterior areas of the Property, certain personal property, as agreed on by INSIGHT and the undersigned, located in, on and /or about the property, and the name and address of the undersigned, trademarks, slogans, or any other identification, as depicted in, on, and/or about the Property) taken by INSIGHT hereunder in any manner throughout the World, in perpetuity, in all media, whether now known or hereafter devised. The rights accorded include the right to photograph, film, and record in any manner, whether now known or hereafter devised, items that may be of incidental interest and signs located at the Property for the Program. The Property shall be made available to Insight for one or more days as may be necessary, commencing on or about 12:00 pm Oct 19. 2013 and completing on or about 12:45 pm Oct 19, 2013 inclusive. As complete and full payment for all of the rights granted to 273 INSIGHT hereunder, INSIGHT shall pay to the undersigned the total amount of$ 0 (inclusive of all sales taxes, VAT or HST, if any) payable prior to the commencement of work on the Property. No fees shall be payable for any day unless the Property is actually used by INSIGHT. If INSIGHT requires use of the Property prior or subsequent to the foregoing dates, then INSIGHT may so use the Property on mutually agreeable dates subject only to the payment of additional fees computed on a pro -rata basis with respect to the sums payable above. If because of illness of actors, director or other essential artists and crew, weather conditions, defective film or equipment or any other occurrence beyond INSIGHT's control, INSIGHT is unable to start work on the date designated above and/or work in progress is interrupted during use of the Property by INSIGHT, INSIGHT shall have the right to use the Property at a later date to be mutually agreed upon and /or to the extend the period set forth above, without payment of additional fees to the undersigned. INSIGHT will be responsible for all damages or alterations to the Property caused by INSIGHT during its use of the Property, and upon completion of the work will return the Property to the same condition as when INSIGHT entered, reasonable wear and tear excepted. INSIGHT will indemnify the undersigned and hold the undersigned harmless against any and all loss which may be incurred arising out of or based upon personal injuries, death or property damage, resulting directly from any act of negligence on Insight's part or by any party entering the Property with INSIGHT's authorization while using the Property for the purpose of taping provided INSIGHT is notified with full particulars of such claim within ten (10) days of vacating the Property. Special clauses or provisions: This agreement is the entire agreement between the parties with respect to the use of the Property. The undersigned represents and warrants that the undersigned has the full right to enter into this agreement and to grant the rights granted to the INSIGHT herein, and that the consent of no other party nor payment to any other party is necessary to effect this agreement or any representations or warranties herein. The undersigned agrees to insure the peaceable undisturbed enjoyment of the Property for INSIGHT during the contract period and/or prolongation of the agreement. The undersigned agrees to indemnify and hold harmless INSIGHT, its parent and related companies, its and their respective subsidiaries, affiliates and licensees, and each of their respective officers, agents, representatives, employees, successors and assigns, jointly and individually from and against any and all claims arising out of or in connection with a breach of the foregoing representations and warranties. The undersigned further agrees INSIGHT shall be entitled to assign or license its rights hereunder to one or more third parties. This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada as applicable therein. Page 2 of 3 274 AGREED BY THE UNDERSIGNED: NAME of Authorized Representative (please print) SIGNATURE TITLE ADDRESS PHONE NUMBER INSIGHT - BATTLE OF THE BLADES 4 LTD. NAME (please print) SIGNATURE TITLE Page 3 of 3 275 DATE HST # OR SIN EMAIL DATE 276 October 10, 2013 Mayor Norton and Saint John Common Council City Hall PO Box 1971 Saint John, New Brunswick E2L 41_1 Re: Budget request Dear Mayor Norton and Council Members: YMCA -YWCA of Greater Saint John 130 Broadview Avenue Saint John, NB E21L 5C5 506 -693 -9622 I wish to thank council and staff for their continued support of the Y, not only in our current services, but as we embark in building a state of the art facility for our great city. We believe that the new Y will have a great impact on our community by creating jobs, serving not only a diverse population of seniors, youth and immigrants but by meeting a growing need for health and fitness programs and services for alf ages. The Y is requesting the City consider an additional in -kind contribution to the Y project in the upcoming budgets. Currently, you have provided the Y with land and a grant for building permits, which we estimate to be $180,000 in value to our project. As a major partner we are hoping the City of Saint John will consider $500,000 in -kind support for the Y project. Attached is a break -down of services the Y believes the City of Saint John could provide to help make the project a success and truly deliver on our commitment to the community. Thank you for your consideration and on -going support of the Y of Greater Saint John. Sincerely, 'k''Cw Chair Capital Campaign Cabinet Evil iii LnQGtitty cc m rn kA Y% P-5 zo F&M., / Shilo Boucher, CA President and CEO 646 -2109 Summarized below are areas where the Y is requesting "support" by the City of Saint John. Infrastructure: • Water & sewerage — Storm Water Management System and service tie -ins — estimated at $160,000 • Engineering by Y • Supply & install by City of Saint John • Asphalt, sidewalks, curb repair, curb replacement —estimated $40,000 • Design & engineering by Y • Supply & install by City of Saint John • Landscaping and street cleaning — estimated at $100,000 o Design & engineering by Y o Supply & install by City of Saint John • Snow plowing —estimated at $20,000 o Winter plowing by City of Saint John during and after construction 278 REPORT TO COMMON COUNCIL M & C #2013 -228 October 15, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Request to Extend Closing of Sale of former Freedom and Vimy Courts to Vimy Estates Inc. City of Saint John Common Council, at its September 23, 2013 meeting approved the sale of two former streets (Freedom and Vimy Courts) to Vimy Estate Inc., subject to an Agreement of Purchase and Sale. The Closing Date for the above noted transaction was set for October 15, 2013. However, the Purchaser has requested that the closing of the transaction be delayed to provide additional time to satisfy their requirement to provide security to the satisfaction of the City for the construction of the new Freedom Court. All other terms and conditions will remain unchanged. It has been recommended by the Purchaser and City staff is in agreement, that the Closing date be extended to be on or before November 29, 2013. If Council is in agreement with this change to the agreement, the following recommendation is set out for their consideration. RECOMMENDATION: That the City of Saint John amend the Agreement of Purchase and Sale between the City of Saint John and Vimy Estates Inc. dated September 26, 2013 by changing the Closing Date from October 15, 2013 to November 29, 2013, and all other terms and conditions of the Agreement of Purchase and Sale remain unchanged. Respectfully submitted, urtis Langille, B Real Estate O£fi r f Finance Attachment CLIc MBA Services 279 Brian ,Irving; BBA 1C anager Real Estate Patrick Woods, CGA City Manager N N N L V) L E L 0 U- 0 4- O 0 75 cn v N u� c7 rn 4 �7 C d October 15th, 2013 Deputy Mayor and Councillors Subject: Financial Agreement PPP Canada Inc and The City of Saint John — Safe, Clean Drinking Water Project The Committee of the Whole, having met on October 15th, 2013, made the following recommendation: That Common Council: (a) Approve the submitted text of the Financial Agreement for a Collaborative Project between PPP Canada Inc. and The City of Saint John, in relation to the funding support to enable the City of Saint John to assess the usefulness of a public- private partnership model for the Safe Clean Drinking Water Program, the text of which accompanies the City Manager's and Project Manager's correspondence in this matter to Common Council, dated October 8, 2013; and (b) That the Mayor and Common Clerk be authorized to execute the Financial Agreement for a Collaborative Project. Sincerely, Mel Norton Mayor Ifr� SAINT JOHN P.D. Box 1971 Saint John, NB Canada EA 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, NA. Canada E2L 4L1