General Information

The Municipal Development Plan is the policy document which describes how we intend the City to develop in the future. The Plan identifies a broad range of issues, but most are development related and emphasize land use. The Plan makes statements on these issues in the form of policies. For the most part, the policies are written statements. There are also a number of maps.

The Plan policies state Council's intentions for future development in the City. Many of the specific "rules" that make this happen are contained in the Zoning By-law and the Subdivision By-law. Provincial legislation requires that the Zoning and Subdivision By-law be consistent with the Municipal Development Plan. Changes to the Zoning By-law (known as rezonings) must also be consistent with the Municipal Development Plan. Occasionally, a development proposal requires a change to both the Municipal Development Plan and the Zoning By-law.

After the Municipal Plan Amendment has been approved and registered, the applicant may finalize plans for the development, and obtain a building permit.

Plan Amendment Process

Many rezonings occur without need for an amendment to the Municipal Development Plan. On occasion, a development is proposed which is in the public interest, but is contrary to both the existing Plan and Zoning By-law. The Municipal Development Plan and Zoning By-law are then both amended at the same time.

The Community Planning Act indicates a number of steps to amend the Municipal Development Plan. The total time required to complete an amendment varies. As a minimum, please allow four months to complete this process.

1. The applicant prepares an application for amendment to the Municipal Development Plan and Zoning By-law, complete with relevant property and development information. The application must provide sufficient information to properly assess the proposal. It is recommended that the applicant discuss the proposal with Planning staff before submitting an application. A $200.00 fee is charged to assist in the cost of advertising the zoning amendment.
2. The City publishes a Public Notice in the local newspaper and holds the advertised Public Presentation meeting. At this meeting Community Planning staff presents the proposed Plan amendment to Common Council, based on your application. Objections to the Plan amendment may be received by the Common Clerk up to thirty days after the Public Presentation.
3. After reviewing any objections, Common Council sets the date for a Public Hearing, authorizes advertising for the hearing and refers the matter to the Planning Advisory Committee for a report and recommendation. However, if Common Council does not wish to consider the application further, processing ceases and no further steps are carried out.
4. A Public Notice is prepared by the City and published in the local newspaper twice before the Public Hearing.
5. The Planning Advisory Committee sends a letter to area property owners within 300 feet of the subject property, seeking their input and advising when the application will be reviewed by the Committee and (later) by Council.
6. A report is prepared by Community Planning concerning the proposal. The report may include specific conditions. This report is available to the applicant and any other interested person on the Friday prior to the Planning Advisory Committee meeting.
7. The Planning Advisory Committee holds its meeting in public to review the application. The Committee considers the staff report, any written submissions, presentations by neighbouring property owners, as well as by the applicant and other individuals. A recommendation is made by the Committee to Common Council.
8. Common Council holds the advertised Public Hearing and hears from the applicant and any other person wishing to make a presentation about the proposal. The public hearing is normally held during a meeting of Common Council in the Council Chambers at City Hall. The Planning Advisory Committee recommendation is available at this meeting. First and Second Readings of the amendments can be given at this time if Council is in favour of the application.
9. Third reading of the amendments is usually undertaken at the next Council meeting. If conditions are imposed, they are included at the Third Reading as a resolution or agreement pursuant to Section 39 of the Community Planning Act.
10. The amendments as passed by Council are sent to the Minister of Environment and Local Government in Fredericton for approval by the Minister.
11. The approved amendments (and conditions) are returned to Saint John and registered in the Registry Office by the City and become effective.

Role of Council

Common Council sets the date for a public hearing, and holds the public hearing. After the public hearing, Council passes the proposed amendment by approving three readings, or refuses to approve the proposed amendment if it is not in the public interest or conflicts with other policies of the Municipal Development Plan.

Councillors typically will not take a final position on a proposed amendment until they have considered any presentations at the public hearing in support of or objecting to the proposal, including the recommendations of the Planning Advisory Committee and the Community Planning report.

Role of the Public

The amendment process includes four opportunities for public comment. The first is the initial 30-day objection period following public presentation. The second is when the Planning Advisory Committee sends a letter to area property owners seeking their input. The third opportunity occurs when the Planning Advisory Committee holds its meeting to consider the amendment, and the final opportunity occurs when Common Council holds the public hearing. Any additional presentation to Common Council, which is not identified in the required process, is at the discretion of Council. Requests to make additional presentations should be directed to the Common Clerk in order to be included on a Council agenda.

Role of the Applicant

The applicant is responsible for preparing an application, complete with sufficient relevant property and development information to form the basis for analysis and recommendation by the Planning staff and the Planning Advisory Committee, and decision by Common Council. It is also suggested that the applicant appear at the Planning Advisory Committee meeting, and at the Public Hearing held by Common Council, to speak in favour of the application and to answer questions.

General Information

The Municipal Development Plan is the policy document which describes how Council intends the City to develop in the future. The regulations that make this happen are contained in the Zoning By-law and the Subdivision By-Law. Provincial legislation requires that the Zoning By-law must be consistent with policies of the Municipal Development Plan.

The Zoning By-law is the primary document used to specify the different types of land use and where they can occur in the City. The By-law contains: a series of zoning maps, a description of the uses permitted in each zone, and a variety of standards for development.

Occasionally, a development is proposed which is not identified in the permitted uses of the zone for the specific site. At that time an application to amend the Zoning By-law is necessary. If the amendment is a change of zone for the subject property, it is commonly known as a rezoning. If the change adds to the permitted uses, or changes the conditions or standards for the uses, it is commonly known as a Zoning By-law text amendment.

The applicant is charged a $400.00 fee to assist in the cost of advertising the zoning amendment.

After the Zoning By-law amendment has been approved and registered, the applicant may finalize plans for the development, and obtain a building permit.

Rezoning Process

The Community Planning Act requires a number of steps to amend the Zoning By-law when a Municipal Development Plan amendment is not required. The total time required to complete an amendment varies. As a minimum, please allow nine weeks to complete this process and to obtain a decision from Common Council.

1. The applicant prepares an application for amendment to the Zoning-By-law, complete with relevant property and development information. The applicant must provide sufficient information to properly assess the proposal. It is recommended that the applicant discuss the proposal with Planning staff before submitting an application. A $400.00 fee is charged to assist in the cost of advertising the zoning amendment.
2. Common Council sets the date for a Public Hearing, authorizes advertising for the hearing and refers the matter to the Planning Advisory Committee for a report and recommendation.
3. A Public Notice is prepared by the City and published in the local newspaper twice before the Public Hearing.
4. The Planning Advisory Committee sends a letter to area property owners within 300 feet of the subject property, seeking their input and advising when the application will be reviewed by the Committee and (later) by Council.
5. Information is gathered from other agencies and City departments and a report is prepared by Community Planning staff concerning the proposal which may include specific conditions. This report is available to the applicant and any other interested person on the Friday prior to the Planning Advisory Committee meeting.
6. The Planning Advisory Committee holds its meeting in public to review the application. The Committee considers the staff report, any written submissions, presentations by neighbouring property owners, as well as by the applicant and other individuals. A recommendation to Common Council is made by the Committee.
7. Common Council holds the advertised Public Hearing and hears from the applicant and any other person wishing to make a presentation about the proposal. The Planning Advisory Committee recommendation is available at this meeting. First and Second Readings of the By-law amendment can be given at this time if Council is in favour of the application.
8. Third reading of the By-law amendment is usually undertaken at the next Council meeting. If conditions are imposed they are included at the Third Reading as a resolution or agreement pursuant to Section 39 of the Community Planning Act.
9. The amendment (and conditions, if any) as passed by Council is registered in the Registry Office by the City and becomes effective.

Role of Council

Common Council sets the date for a public hearing and holds the public hearing. After the public hearing Council approves the proposed amendment by having three readings, or refuses to approve the proposed amendment if it is not in the public interest or conflicts with policies of the Municipal Development Plan.

Councillors typically will not take a final position on a proposed amendment until they have considered any presentations at the public hearing in support of or objecting to the proposal, including the recommendations of the Planning Advisory Committee and the Community Planning report.

Role of the Public

The amendment process includes three opportunities for public comment. The first is when the Planning Advisory Committee sends a letter to area property owners seeking their input. The second opportunity occurs when the Planning Advisory Committee holds its meeting to consider the amendment, and the final opportunity occurs when Common Council holds the public hearing. Any additional presentation to Common Council, which is not identified in the required process, is at the discretion of Council. Requests to make additional presentations should be directed to the Common Clerk in order to be included on a Council agenda.

Role of Applicant

The applicant is responsible for preparing an application, complete with sufficient relevant property and development information to form the basis for analysis and recommendation by Planning staff and the Planning Advisory Committee, and decision by Common Council. It is also suggested that the applicant appear at the Planning Advisory Committee meeting, and at the Public Hearing held by Common Council, to speak in favour of the application and to answer questions.

General Information

The Zoning By-law and Subdivision By-law provide standards on a wide variety of property development issues. The majority of property development in Saint John will satisfy these standards. However in certain instances there are circumstances peculiar to the property which prevent the owner from developing it in a manner that meets all of the applicable standards. In most of these instances it is possible to request a variance.

A variance provides relief from the specific requirements of the Zoning By-law in order to allow you to follow through with your proposal and to obtain a building permit. Unlike a zoning amendment (rezoning), a variance does not change the existing By-law standard, but permits your specific development to proceed.

Once you have received approval of your requested variance, a building permit may be issued.

Types of Standards that can be Varied

• Minimum size and dimensions of lots
• Maximum number of dwelling units in an apartment building
• Height, number of storeys, ground or floor area, and bulk of buildings
• Percentage of land that may be built upon
• Depth, size or area of yards, parking areas and open space
• Size, location and height of accessory buildings
• Placement, height and type of fences, walls, and hedges
• Types, dimensions and location of means of driveway access to streets
• Parking and loading facilities
• Standards for commercial excavation
• Location, dimensions, and purpose of signs
• Setback of buildings in relation to sources of public water supply
• Standards for development of subdivisions

Note: Not all of these standards apply in all zones in the City of Saint John.

Process

The Community Planning Act generally sets out procedures for consideration of a variance. The Planning Advisory Committee has adopted the following process for considering a variance from the Saint John Zoning By-law or Subdivision By-law. The total time to complete a variance differs, depending on notification and Committee meeting schedule. As a minimum, please allow three to four weeks to complete a variance application.

1. When an application is received, the Planning Advisory Committee sends a letter to area property owners seeking their input and advising when the application will be reviewed by the Committee. A $50.00 application fee is charged and must accompany the application.
2. Information is gathered from other agencies and City departments, and a report is prepared by the Community Planning staff concerning the proposal. The report is made available to the applicant and any other interested individual on the Friday prior to the Committee meeting.
3. The Planning Advisory Committee holds a public meeting to consider the application. The Committee considers the staff report, written submissions, presentations by neighbouring property owners, as well as by the applicant and other individuals. If the Committee has sufficient information it votes on the application and approves or rejects the variance. Should a variance be granted, the Planning Advisory Committee can impose conditions related to the approval. In the case of a variance being granted for a subdivision, conditions can be required to be noted directly on the final subdivision plan.
4. Decisions of the Planning Advisory Committee are not referred to Council. However, the Committee may require the owner to enter into an agreement to ensure compliance with any imposed condition, in which case Council will be asked to authorize execution of the agreement.

Role of the Planning Advisory Committee

The Planning Advisory Committee considers the requested variance at a public Committee meeting. The Committee considers the staff report, written submissions, presentations by neighbouring property owners, and presentations by the applicant and other individuals.

Although the Committee is not bound by the standards found in the Zoning or Subdivision By-law, there is a practice of identifying the intent of the current standard, and examining the proposed variance to determine if it will satisfy the intent.

The Planning Advisory Committee typically meets every two weeks. Planning staff will advise you of the next scheduled meeting of the Committee.

Role of the Applicant

The applicant is responsible for preparing an application, complete with sufficient relevant property and development information to form the basis for analysis and recommendation by the Community Planning staff, and decision by the Planning Advisory Committee. The applicant or his representative should appear at the Planning Advisory Committee meeting to speak in favour of the application and to answer questions.

Appeals

If the Planning Advisory Committee refuses the requested variance, the applicant may appeal to the Provincial Planning Appeal Board within sixty days of the refusal of his building permit application.

An appeal may be made if the applicant believes that:

• the refusal to grant the permit resulted from misapplication of the Act or Zoning by-law; or
• the refusal to grant the permit would cause him unreasonable hardship; or
• the variance was unreasonably refused.

General Information

The Zoning By-law is the primary document used to specify the different types of land use, and where they can occur in the City. The By-law contains a series of maps, a description of the uses permitted in each zone, and a variety of standards for development.

In some cases a property owner proposes a use of land which is not identified in the permitted uses of the zone for the specific site, and which would not normally be considered on a permanent basis by amendment to the Zoning By-law. If the proposed use will only be required for a short period of time, a temporary use application can be considered.

The Community Planning Act enables the Planning Advisory Committee to authorize a use not permitted by the Zoning By-law for a temporary period of up to one year.

Once approval has been received of a requested temporary use, you may submit a design proposal which responds to the issues identified in the report, and a building permit may be issued.

Terms and Conditions

The Planning Advisory Committee can authorize, for a period not exceeding one year, a use otherwise prohibited by the Zoning By-law. The Committee may identify terms and conditions which it considers necessary before approval of a temporary use permit. The Committee will also require the termination or removal of the temporary use at the end of the authorized period.

Application Process

The Community Planning Act does not set out procedures for consideration of a temporary use permit. The total time to complete a temporary use application differs, depending on notification and Committee meeting schedule. As a minimum, please allow three weeks to complete the application review and final decision. It is recommended that applicants discuss the proposal with Community Planning staff prior to submitting an application for a temporary use. There is a $50.00 application fee that must accompany the application.

The Planning Advisory Committee has adopted the following process for considering a temporary use otherwise prohibited under the Saint John Zoning By-law:

1. When an application is received, the Planning Advisory Committee sends a letter to area property owners seeking their input and advising when the application will be reviewed by the Committee.
2. Information is gathered from other agencies and City Departments, and a report is prepared by the Community Planning Department concerning the proposal. The report is made available to the applicant and any other interested individual on the Friday prior to the Committee meeting.
3. The Planning Advisory Committee holds a public meeting to consider the application. The Committee considers the staff report, written submissions, presentations by neighbouring property owners, as well as by the applicant and other individuals. If the Committee has enough information it votes on the application and approves or rejects the proposed temporary use. Should a temporary use permit be granted, the Planning Advisory Committee can impose conditions related to the approval.
4. Decisions of the Planning Advisory Committee are not referred to Council, but may be subject to appeal to the Provincial Planning Appeal Board.

General Information

The Zoning By-law is the primary document used to specify the different types of land use, and where they can occur in the City. The By-law contains: a series of zoning maps, a description of the uses permitted in each zone, and a variety of standards for development.

In some cases a development is proposed which is not identified in the permitted uses of the zone for the specific site. If the proposed change is of a complex nature, or applies to a difficult site, the Planning Advisory Committee may recommend that Council approve the rezoning subject to conditions under Section 39 of the Community Planning Act.

Section 39 conditions remain associated with the property. At a future time, an applicant may also propose amendments to Section 39 conditions which have previously been applied to a property.

The applicant is charged a $300.00 fee to assist in the cost of advertising the Section 39 amendment.

Once the approved resolution or agreement has been registered, a building permit may be issued subject to the conditions of the resolution or agreement.

Terms and Conditions

Section 39 terms and conditions are customarily contained in a resolution of Common Council. Alternately, Council may require an agreement between the City and the applicant. Before entering into such agreement with the applicant, Council may require that the applicant deliver a performance bond or other security to assure implementation of the agreement.

Council may impose Section 39 terms and conditions concerning:

• uses of land, buildings, and structures
• site layout and design, including parking areas, landscaping, and entry and exit ways
• external design and appearance of buildings and structures
• other matters it considers relevant to the situation
• prescribe time limits within which the terms and conditions shall be carried out

Amendment Process

The Community Planning Act requires a number of steps to amend an existing Section 39 resolution or agreement. The total time required to complete these amendments varies. As a minimum, please allow ten weeks to complete this process.

1. The applicant prepares an application for a Section 39 amendment, complete with relevant property and development information. The applicant must provide sufficient information to properly assess the proposal. It is recommended that the applicant discuss the proposal with Planning staff before submitting an application. A $300.00 fee is charged to assist in the cost of advertising the amendment.
2. Common Council sets the date for a Public Hearing, authorizes advertising for the hearing and refers the matter to the Planning Advisory Committee for a report and recommendation.
3. A Public Notice is prepared by the City and published in the local newspaper twice before the Public Hearing.
4. The Planning Advisory Committee sends a letter to area property owners within 300 feet of the subject site, seeking their input and advising when the application will be reviewed by the Committee and (later) by Council.
5. Information is gathered from other agencies and City Departments and a report is prepared by Community Planning concerning the proposal, and including the specific conditions. This report is available to the applicant and any other interested person on the Friday prior to the Committee meeting.
6. The Planning Advisory Committee holds its meeting in public to review the application. The Committee considers the staff report, any written submissions, presentations by neighbouring property owners, as well as by the applicant and other individuals. A recommendation to Common Council is made by the Committee.
7. Common Council holds the advertised Public Hearing and hears from the applicant and any other person wishing to make a presentation about the proposal. The Planning Advisory Committee recommendation is available at this meeting. If Council wishes to approve amended conditions, a resolution is passed.
8. The amendment to the agreement or resolution is registered in the Registry Office by the City and becomes effective.

Role of Council

Common Council sets the date for a public hearing, and holds the public hearing. After the public hearing Council approves the proposed amendment by resolution, or refuses to approve the proposed amendment if it is not in the public interest or conflicts with policies of the Municipal Development Plan.

Councillors typically will not take a final position on a proposed amendment until they have considered any presentations at the public hearing in support of or objecting to the proposal, and the recommendations of the Planning Advisory Committee and the Community Planning report.

Role of the Public

The amendment process includes three opportunities for public comment. The first is when the Planning Advisory Committee sends a letter to area property owners seeking their input. The second opportunity occurs when the Planning Advisory Committee holds its meeting to consider the amendment, and the final opportunity occurs when Common Council holds the public hearing. Any additional presentation to Common Council, which is not identified in the required process, is at the discretion of Council. Requests to make additional presentations should be directed to the Common Clerk in order to be included on a Council agenda.

Role of the Applicant

The applicant is responsible for preparing an application, complete with sufficient relevant property and development information to form the basis for analysis and recommendation by the Planning staff and the Planning Advisory Committee, and decision by Common Council. It is also suggested that the applicant appear at the Planning Advisory Committee meeting, and at the Public Hearing held by Common Council, to speak in favour of the application and to answer questions.

General Information

There are many attractive housing opportunities in the City of Saint John. New subdivisions in the rural areas of the City are one of these development options. These new developments provide large lots, paved streets and the potential for a high quality natural environment. The Zoning and Subdivision By-laws help ensure that we can enjoy the features of a modern rural lifestyle, while maintaining the quality of the natural environment.

Individual wells provide water for the homes in Rural Residential subdivisions, and septic systems are used to dispose of the sewage. Care must be taken to ensure these new subdivisions are located in areas that have the physical characteristics capable of supporting the development over the long term, and that the development is designed to function best in that environment.

Site Selection and Rezoning

A number of conditions for Rural Residential Subdivisions have been established in the Municipal Development Plan. These conditions are useful in selecting development sites, and will be used to evaluate each development proposal during the approval process. The conditions are:

1. The site must be outside the Staged Area (area intended to be serviced with central water and sewer services) of the Municipal Development Plan.
2. The site must be located on an arterial or collector street, to provide good all-weather access to the subdivision.
3. The site must be located in areas that have only limited potential for agriculture, forestry, minerals, sand and gravel reserves, or ecological significance. City water supply areas are to be avoided.
4. The location must be suitable for individual wells and on-site sewage disposal systems (septic tanks), with lot areas of no less then 0.5 hectares (1.24 acres).
5. The site should be able to accommodate 20 lots which primarily front onto the internal local street.

Note: Not all areas of the City are suitable for development as a Rural Residential Subdivision. Official assessment of site suitability for a proposed Rural Residential subdivision normally occurs at the time that Common Council is asked to rezone the site to "RR" Rural Residential.

Subdivision Design and Approval

Many factors are considered in designing a subdivision. Site features such as topography, natural vegetation, and natural drainage courses have a large impact on the final subdivision design. A design professional, such as a surveyor, consultant planner or engineer may be able to provide assistance in preparing an initial proposal, called a tentative plan.

The Zoning and Subdivision By-laws contain a number of specific standards which must also be incorporated into the subdivision design:

• lot areas of 0.5 ha (1.24 ac)
• 20 meter (66 ft) width of street right of way
• lot width of 60 m (197 ft)
• land for public purposes to be 10% of area
• lot depth of 40 m (131 ft)
• potential for access to adjacent lands

The individual lots will be evaluated by the Provincial Department of Health and Wellness and Department of Environment and Local Government to ensure each lot is suitable for an on-site disposal system (eg. septic tank and disposal field).

City staff will evaluate the street design to ensure the streets will be safe to use and efficient to maintain. Plans will be required to demonstrate proper surface drainage. If the development is large enough, a centrally located park area will be required. However, in smaller developments a cash contribution will be required to maintain existing facilities or purchase new centrally located park lands.

Tentative approval of the subdivision, including Council acceptance of lands for public purposes (eg. parkland), streets and necessary easements, can occur at the same time as the rezoning approval process, if all design issues are resolved. Street names are approved by the Planning Advisory Committee, and Council authorizes the execution of a subdivision agreement. The construction phase of the subdivision can now begin.

Development and Construction

An engineering plan must be submitted prior to development of the streets. This plan will be incorporated into a legal agreement with the City, and form the basis of the subdivision work. Approval of the engineering plan is coordinated with the utility companies (Saint John Energy, NBTel, Rogers Communications). No work on the subdivision should occur prior to approval of the engineering plans.

The Legal Department of the City will prepare a City and Developer Agreement. Your solicitor should review this Agreement, and advise you of its implications. The Agreement will require the developer to provide proof of insurance and security. The liability insurance must name the City, as work will occur on public streets. The security is to ensure that the street work is completed in the time and manner provided.

When the Agreement is complete and has been signed, and the roads constructed to the gravel B standard, the final subdivision plan may be submitted for approval and registration. When the plan is registered, lots can be sold and permits can be issued for the construction of houses. The assistance of a professional engineer, surveyor and a lawyer are recommended to complete this stage of the process.

Standards of Construction

All internal streets must be constructed by the developer to the Country Road Standard of the City. This includes:

• 7.5 m (25 ft) of asphalt pavement
• 150 mm (6 in) of class A gravel
• an 2.5 m (8 ft) gravel shoulder on each side prior to paving
• 450 mm (18 in) of class B gravel
• a drainage ditch or swale on each side
• a culvert for each lot

Electrical power, telephone and cable TV lines will be installed on a set of poles located within the street right-of-way. The utility will charge for these costs.