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Under section 77 of the Community Planning Act, the Lieutenant-Governor in Council, on the recommendation of the Minister, makes the following Regulation:

2000, c.26, s.72

1This Regulation may be cited as the Aldouane Local Service District Zoning Regulation - Community Planning Act.

Interpretation

2In this Regulation

“accessory building” means a detached subordinate building, not used for human habitation, located on the same lot as the main building, structure or use to which it is accessory, the use of which is naturally or customarily incidental and complementary to the main use of the land, building or structure;(construction accessoire)

“accessory structure” means a structure located on the same lot as the main building, structure or use to which it is accessory, the use of which is naturally or customarily incidental and complementary to the main use of the land or the main building or structure;(bâtiment accessoire)

“accessory use” means a use, other than for human habitation,(usage accessoire)

(a) of land, or

(b) of a building or structure that is not the main building or main structure of a lot,

that is not a secondary use and that is naturally or incidentally complementary to the main use of the land or to the main use being conducted in the main building or main structure of the lot;

“Act” means the Community Planning Act;(Loi)

“agricultural use” means any use of land or an area of land of at least 2 hectares that is for the purpose of general cultivation or of raising livestock generally and excludes the raising of mink or fox or more than two pigs or one hundred chickens;(usage agricole)

“alter” means to make any change, structurally or otherwise, in a building or structure that is not for the purpose of maintenance only;(modifier)

“area” means the area described in section 3;(secteur)

“building” means a roofed erection with solid exterior walls that is permanently affixed to a site and that is used or intended as a shelter for persons, animals or chattels;(bâtiment)

“building inspector” means a building inspector appointed by the Minister under the Provincial Building Regulation - Community Planning Act and having jurisdiction in the area or any part of the area;(inspecteur des constructions)

“Director” means the Provincial Planning Director appointed under section 4 of the Act;(Directeur)

“dwelling” means all or a portion of a main building containing one or more dwelling units;(habitation)

“dwelling unit” means a room or suite of two or more rooms designed or intended for use by an individual or family, in which culinary facilities and sanitary conveniences are provided for the exclusive use of the individual or family;(logement)

“erect” means to construct, build, assemble or relocate a building or structure and any preparatory physical operations;(édifier)

“family” means one or more persons, not necessarily related, occupying premises and living as a single housekeeping unit, as distinguished from a group occupying a hotel or boarding or rooming house;(famille)

“forestry use” means cutting wood without processing the wood;(usage forestier)

“four-family dwelling” means a dwelling containing four dwelling units;(habitation quadrifamiliale)

“home occupation” means a secondary use conducted in a dwelling in conformity with section 18;(activité professionnelle à domicile)

“lot” means a parcel of land or two or more adjoining parcels held by the same owner and used or intended to be used as the site for a building or structure or an appurtenance to a building or structure;(lot)

“main building” means a building in which is conducted the principal use of the lot on which the building is located;(bâtiment principale)

“main structure” means a structure in or with which is conducted the main use of the lot on which the structure is located;(construction principale)

“one-family dwelling” means a dwelling containing one dwelling unit;(habitation unifamiliale)

“park or playground” means any park or playground requiring only a minimum of equipment and development and includes a conservation park or nature trail, a rest spot or any other development that disturbs the natural environment as little as possible;(parc ou terrain de jeu)

“Planning Commission” Repealed: 2012, c.44, s.5

“Provincial Building Regulation” means the Provincial Building Regulation - Community Planning Act, being New Brunswick Regulation 81-126 under the Community Planning Act;(Réglement provincial sur la construction)

“regional service commission” means Regional Service Commission 6 established under the Regional Service Delivery Act;(commission de services régionaux)

“secondary use” means a use, other than a main use, permitted in a building;(usage secondaire)

“service station” means a building or space where gasoline, oil, grease, anti-freeze, tires and other accessories for motor vehicles are stored or kept for sale and where minor repairs on motor vehicles are performed;(station-service)

“sign” means any display of advertisement, placard, boarding, bill board or other form, means or device whatsoever of public notice or announcement, whether erected, pasted or painted, intended, suitable or adaptable for that purpose whether or not it is at the time used for that purpose;(affiche)

“structure” means an erection other than a building or a power or telephone pole or line;(construction)

“swimming pool” means a tank or other artificial or partly artificial structure located outdoors year round although used seasonally and intended to contain water for the purpose of swimming or diving;(piscine)

“three-family dwelling” means a dwelling containing three dwelling units;(habitation trifamiliale)

“two-family dwelling” means a dwelling containing two dwelling units;(habitation bifamiliale)

“use” means the purpose for which land or a building or structure, or a combination of buildings and structures, is designed, arranged, erected, intended, occupied or maintained;(usage)

“width” , with respect to a lot, means(largeur)

(a) if the sidelines of the lot are parallel, the distance between the sidelines, measured across the lot on a line perpendicular to the sidelines, or

(b) if the sidelines are not parallel, the distance between the sidelines, measured across the lot on a line

(i) parallel to the line joining the points of intersection of the sidelines of the lot with the limit of the street on which it fronts, and

(ii) intersecting the midpoint of the line drawn perpendicular to and commencing at the line referred to in subparagraph (i) at its midpoint and ending at its intersection with the back line.

2012, c.44, s.5

Application

3The area of land designated in the Aldouane Local Service District Basic Planning Statement Adoption Regulation - Community Planning Act is the area to which this Regulation applies.

4This Regulation

(a) divides the area into zones,

(b) prescribes, subject to powers reserved in the regional service commission,

(i) the purpose for which land, buildings and structures in any zone may be used, and

(ii) standards to which land use, and the placement, erection, alteration and use of buildings and structures must conform, and

(c) prohibits

(i) the use or the alteration of land or of a parcel of land, and

(ii) the use, placement, erection or alteration of buildings or structures,

other than in conformity with the purposes and standards referred to in paragraph (b).

2012, c.44, s.5

PART I - ADMINISTRATION

Powers of the Regional Service Commission

2012, c.44, s.5

5(1)No building or structure may be erected on any site where it would otherwise be permitted in this Regulation if, in the opinion of the regional service commission, the site is marshy, subject to flooding, excessively steep or otherwise unsuitable for a proposed purpose by virtue of its soil or topography.

5(2)The regional service commission, subject to such terms and conditions as it considers fit, may

(a) authorize, for a temporary period not exceeding one year, a development otherwise prohibited by this Regulation, and

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

5(3)Subject to subsection (4), the regional service commission may, in any zone, designate specific land for the placement or erection of electric or water supply equipment, waste water or rainwater collection facilities or garbage treatment or disposal facilities.

5(4)Land may not be designated or used for a purpose referred to in subsection (3) unless, in the opinion of the regional service commission,

(a) it is essential to use the land for the proposed purpose, and

(b) any development of the land is appropriately screened from public view.

2012, c.44, s.5

Amendments

6(1)A person who seeks to have this Regulation amended shall

(a) address a written and signed application to the Director, and

(b) pay a fee of fifty dollars, payable to the Minister of Finance and Treasury Board.

6(2)The Minister of Finance and Treasury Board may return to the applicant all or any part of a fee mentioned in subsection (1).

2019, c.29, s.31

PART II - ZONES

Classification

7(1)For the purposes of this Regulation, the area is divided into the zones shown on the map attached as Schedule A and entitled “Aldouane Local Service District Zoning Map”.

7(2)The zones referred to in subsection (1) are classified and referred to as follows:

	(a)agricultural and resource zones		AR Zones

	(b)mixed zones		M Zones

Conformity

8In each zone referred to in subsection 7(2), all land shall be used and all buildings and structures, or parts of buildings and structures, shall be placed, erected, altered or used, only in conformity with the requirements of the part of this Regulation relating to that zone, except as otherwise provided.

PART III - AR ZONES

AGRICULTURAL AND RESOURCE ZONES

Permitted Uses

9(1)In an AR Zone, any land, building or structure may be used for the purpose of, and for no other purpose,

(a) one of the following main uses:

(i) a one-family dwelling;

(ii) an agricultural dwelling;

(iii) a forestry use;

(iv) subject to subsection (2), a sand pit, gravel pit or rock quarry; or

(v) a park or playground;

(b) one of the following secondary uses:

(i) an agricultural use; or

(ii) subject to section 18, a home occupation; and

(c) an accessory building, structure or use complementary to the main use permitted under this section.

9(2)A sand pit, gravel pit or rock quarry shall be located at least 500.00 metres from any watercourse and any existing or proposed public road or highway.

PART IV - M ZONES

MIXED ZONES

Permitted Uses

10(1)Subject to subsection (3), in an M Zone, any land, building or structure may be used for the purpose of, and for no other purpose,

(a) one of the following main uses:

(i) a one family, two family, three family or four family dwelling;

(ii) a motel or hotel;

(iii) a retail store or group of retail stores;

(iv) a service establishment;

(v) a restaurant;

(vi) a service station or public garage;

(vii) a church or church hall;

(viii) a community or fraternity hall;

(ix) a park or playground;

(x) an educational or religious institution; or

(xi) an office building; and

(b) an accessory building, structure or use complementary to the main use permitted by this section.

10(2)No building shall be placed, erected or altered in an M Zone unless the building has a depth of at least 6.40 metres.

10(3)A use referred to in subsection (1) is permitted only if it is approved by the regional service commission and complies with the terms and conditions imposed by the Planning Commission.

2012, c.44, s.5

V

GENERAL PROVISIONS

Minimum Lot Sizes

11The provisions of section 9 of the Provincial Building Regulation respecting minimum lot size apply to uses permitted under this Regulation, excepting lots created before the commencement of this Regulation by a filed subdivision plan or by a registered deed.

Set-backs

12The provisions of section 5 of the Provincial Set-back Regulation, Community Planning Act, being New Brunswick Regulation 84-292 under the Community Planning Act, respecting set-backs apply to uses permitted under this Regulation.

Location of Buildings and Structures on a Lot

13The provisions of section 12 of the Provincial Building Regulation respecting the location of buildings and structures on a lot applies to uses permitted under this Regulation.

Development beside a Watercourse, Lake or Marsh

14No building or structure shall be located, erected or altered within 30.00 metres of the banks or shores of a watercourse, lake or marsh that provides drinking water.

Landscaping

15(1)Subject to subsection (2), the owner of a lot on which a residential use is situated shall landscape

(a) the front yard of the main building up to the road, and

(b) that part of the lot within 2.00 metres of any building on the lot.

15(2)Landscaping shall include a lawn.

15(3)The front yard may be used to a reasonable degree for the purposes of walks and driveways for access to the main building or other use on the lot.

Main Buildings or Structures

16(1)Except as provided in this Regulation, no more than one main building or structure may be placed or erected on a lot and no building or structure may be altered to become a second main building or structure on a lot.

16(2)The National Building Code of Canada 1990 applies to the construction of every main building or structure.

Off-Street Parking

17Section 15 of the Provincial Building Regulation respecting off-street parking applies to a use permitted under this Regulation.

Home Occupations

18A home occupation is subject to the following conditions:

(a) not more than one person shall be engaged in the home occupation, in addition to members of the family resident in the dwelling unit in which it is located;

(b) the home occupation may be carried out only in the dwelling unit referred to in paragraph (a) and not in an accessory building or structure;

(c) the floor area of the dwelling unit occupied by the home occupation shall not exceed the lesser of

(i) twenty per cent of the floor area of the dwelling unit, and

(ii) 27.00 square metres;

(d) no change, except for a sign permitted under section 19, shall be made in the outside appearance of a building that would indicate that a home occupation is being conducted in the building;

(e) no goods or services other than those directly pertaining to the home occupation shall be sold or supplied in or from the dwelling unit; and

(f) equipment and materials used in the home occupation shall be stored only in the dwelling unit referred to in paragraph (a).

Signs

19(1)Subject to subsection (3), a non-illuminated sign may be placed, erected or displayed on any land, building or structure if the sign

(a) advertises the sale, the location or the site of the land, building or structure on which the sign is placed, erected or displayed,

(b) identifies a residential property or the residents,

(c) identifies a home occupation permitted under this Regulation, or

(d) warns against any property violation.

19(2)A sign or signs referred to in subsection (1) shall not exceed

(a) in number, one for each purpose referred to in paragraphs (1)(a) to (c), and

(b) in size,

(i) 1.20 square metres, for a sign referred to in paragraph (1)(a), or

(ii) 0.37 square metres, for a sign referred to in paragraph (1)(b), (c), or (d).

19(3)Subject to subsections (4) and (5), the ownership or nature of a commercial or industrial business may be indicated by

(a) not more than one sign which shall be permanent, fixed and situated 3.50 metres above the ground surface and at least 15.00 metres from the centre of the street and which shall have dimensions not exceeding 1.22 metres in height and 2.44 metres in length, or

(b) not more than one sign placed flat against the front of the main building, having a gross surface area not exceeding the product of the lineal width of the lot on which the main building is situated, multiplied by 0.25 metres.

19(4)Signs referred to in subsection (3) may be illuminated if the illumination is not flashing.

19(5)Signs referred to in subsection (3) may only be erected on the lot on which the advertised activity is undertaken.

Stripping of Topsoil

20(1)Subject to subsection (2), no person shall strip, excavate or otherwise remove the topsoil from a lot for sale or for use.

20(2)If, in connection with the construction of a building or structure, there is an excess of topsoil other than that required for grading and landscaping of the lot, the excess may be removed for sale or for use.

Enclosures for Swimming Pools

21The provisions of section 16.1 of the Provincial Building Regulation respecting enclosures for swimming pools apply to uses permitted under this Regulation.

Development of a Catch Basin or Sewage Treatment Centre Close to a Building or Structure

22Notwithstanding any other provision of this Regulation, a catch basin or sewage treatment centre shall not be placed less than 150.00 metres from any building or structure.

Excavation of Sand, Gravel or Rock

23(1)No person shall undertake or continue the excavation of sand, gravel or rock unless an excavation permit has been issued for the excavation by the building inspector under this section.

23(2)A person seeking to obtain an excavation permit under this section shall make application in writing to the building inspector on a form provided by the inspector.

23(3)An application referred to in subsection (2) shall

(a) state the name and address of the applicant and the location of the proposed excavation,

(b) be accompanied by a plan drawn to a scale not less than one to one thousand indicating the boundaries of the land involved in the proposed excavation and the boundaries of that part proposed to be excavated,

(c) indicate the lowest level of the proposed excavation,

(d) set out the methods to be employed by the applicant to maintain accesses to the excavation and public streets over which excavated material is transported in a dust-free condition by means of paving, sweeping, oiling or the use of calcium chloride,

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

(f) include a proposal for rehabilitation of the site of the excavation as provided for in this Regulation and the proposed time limit for the rehabilitation.

23(4)Subject to subsection (7), the building inspector shall issue an excavation permit if

(a) an application under subsection (2) has been received,

(b) the proposed excavation and the proposal for rehabilitation of the site meet the requirements of this Regulation, and

(c) the fee set out in subsection (13) has been paid.

23(5)An excavation permit is valid until the thirty-first day of December in the year of issue.

23(6)An excavation permit shall

(a) be on a form provided by the building inspector,

(b) set out the details of the proposal set out in the application for the permit, and

(c) be signed by both the building inspector and the applicant.

23(7)A building inspector shall not issue an excavation permit under this section if the inspector is of the opinion that

(a) the proposed work would be apt to

(i) create a hazard to human life,

(ii) cause injury to a person,

(iii) damage adjoining property, or

(iv) adversely affect a public water main, a sewer, a watercourse or a street,

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

(c) the building inspector and the applicant have not agreed on

(i) the level referred to in paragraph (3)(c), or

(ii) a time limit referred to in paragraph (3)(f).

23(8)An excavation permit issued under this section is subject to the following terms and conditions:

(a) that no excavation take place below the lowest level agreed to between the building inspector and the applicant;

(b) that accesses to the excavation and public streets over which excavated material is transported are maintained by the holder of the permit in a dust-free condition by means of paving, sweeping, oiling or the use of calcium chloride;

(c) that the excavation and any related work is carried on only between the hours of 7:00 a.m. and 8:00 p.m. and only on days other than Sundays and other holidays as defined by the Interpretation Act;

(d) that no operation relating to the excavation is conducted so as

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

(ii) to permit ponding of water in excess of 60.00 centimetres in depth,

(iii) to lower the water table on adjoining properties, or

(iv) to prejudice rehabilitation of the land;

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

(f) that neither the top or base of the slope of the excavation, or any building, structure or site of any intended repair or storage, in within 15.00 metres of an abutting property line;

(g) that when operations cease annually at the end of the summer, the slope of the excavation is not steeper than 1.50 horizontal to 1.00 vertical for the full depth of the slope; and

(h) that the land of the site of the excavation is rehabilitated as provided for in this section.

23(9)The owner of the site of the excavation for which an excavation permit has been issued shall rehabilitate the land of the site within the time limit specified in the permit upon

(a) depletion of the shale, sand, gravel or rock from the site to the extent that further operation would no longer be viable,

(b) the expiration or revocation of the permit, or

(c) cessation of operations for a period of at least one year.

23(10)Rehabilitation referred to in subsection (9) shall include the following:

(a) where an excavation is over 6.00 metres deep, a terrace shall be provided not less than 6.00 metres in width at each 6.00 metre interval of the depth;

(b) except for terraces provided for under paragraph (a), slopes of the excavation shall be not steeper than 1.50 horizontal to 1.00 vertical;

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

(d) all stock piles, shale or other excavated material shall be removed from the site, backfilled into the excavation where feasible or brought to a common grade with the rest of the land; and

(e) the site shall be cleared of debris and, except for areas under water or on exposed rock, covered with a layer of soil, capable of supporting vegetation, to a depth of at least 15.00 centimetres, seeded with grass or other ground cover to prevent erosion and replanted with the species and quantity of trees originally found on the land.

23(11)If the holder of an excavation permit violates any of the terms and conditions referred to in subsection (8), or any provision of this section, the building inspector may suspend or revoke the excavation permit, and may, if the violation is rectified, reinstate a suspended permit.

23(12)If an owner referred to in subsection (9) fails to meet the requirements of that subsection, the Planning Committee may cause the required rehabilitation to be done and may recover from the owner all costs connected with the rehabilitation.

23(13)The fee for the issue or renewal of an excavation permit is twenty-five dollars.

Landfill

24(1)No person shall use any of the following materials as landfill:

(a) toxic or radioactive materials;

(b) waste;

(c) scrap iron;

(d) construction leavings; or

(e) material likely to harm a watercourse.

24(2)No landfill shall be placed within 30.00 metres of the banks or shores of any watercourse, marsh or lake.

N.B. This Regulation is consolidated to August 19, 2020.

93-172 - Aldouane Local Service District Zoning

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