FAQ générale

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What are the minimum lot size requirements for a standard house?

Minimum lot size requirements for a standard single-unit dwelling are generally consistent across both provincial and municipal regulations. The requirements depend on the availability of public services such as water and sewer.

What is ‘Dividing-Consolidating Land, & Subdivision’?

While many associate the term subdivision with large-scale residential developments, it also includes simpler processes such as:
• Dividing one lot into multiple lots
• Combining two or more lots into a single parcel

This service—called Dividing-Consolidating Land & Subdivision—is administered by our office and guided by the Community Planning Act and Subdivision Regulation 80-159 (or municipal subdivision by-laws where applicable). These by-laws govern minimum lot sizes, widths, and depths by zone.

Do I require a building/development permit to install a sign?

Yes, in most cases, you do require a permit to install a sign. Signage regulations are typically outlined in the Zoning By-law for each municipality, which includes requirements for the type, size, height, and location of signs. The Development Officer must review and approve sign installations to ensure compliance with the applicable regulations.

For example, within the City of Miramichi, signs are regulated under Section 4.1 of Zoning By-law No. 91. This section details permitted sign types, placement, lighting restrictions, and maintenance requirements.

Before proceeding with sign installation, we recommend contacting a Planner to determine the specific requirements for your property and zone. A permit application may require the following:
• A drawing or image of the proposed sign
• Location details including placement on the building or property
• Dimensions and materials used
• Details on lighting, if any

Please refer to the Zoning Regulations page for assistance.

Do I require any type of permit or approval to start and operate my home business?

None of the municipalities or Rural Communities under the jurisdiction of the Greater Miramichi Regional Service Commission (GMRSC) currently require a permit for home-based businesses, occupations, or industries. However, whether such activities are allowed depends on the applicable Zoning Regulations. We encourage you to contact us and speak with a Planner to confirm if your home-based commercial activity is permitted on your property.

For example, in the City of Miramichi:
• A home business (lower land-use impact) is permitted in most residential, commercial, and mixed-use zones.
• A home industry is only permitted in the Rural (RU) zone.

These are regulated under:
• Subsection 3.2.1 (p. 30) – Home Business
• Subsection 3.2.6 (p. 33) – Home Industry
(Refer to the Zoning Regulations section of the City of Miramichi Zoning By-law No. 91.)

What if my property was developed before the current zoning regulations took effect?

If your use and development were legal prior to the enactment of the latest Zoning Regulations, your property may qualify for ‘legal non-conforming use’ rights. This status—commonly referred to as “grandfathering”—is regulated under Sections 60 and 61 of the provincial Community Planning Act.

To establish non-conforming use rights, specific criteria must be met. For guidance, please consult the provincial Guideline for Determining Legal Non-conforming Uses under Sections 40 & 41 of the Community Planning Act.

It’s important to note that the intent of a non-conforming use is typically to phase it out over time and eventually replace it with a use that aligns with current zoning regulations. However, the Planning Review and Adjustment Committee (PRAC) has the authority to:
• Permit the continuance of a non-conforming use if it has discontinued for at least 10 consecutive months (typically only considered if the discontinuation period is no more than 36 months).
• Determine whether damage to a structure amounts to at least 50% (excluding the foundation), which may prohibit the continuance of the non-conforming use.
• Permit an expansion of the non-conforming use through an addition to the existing building constructed after the use became non-conforming.
• Approve the conversion of a non-conforming use to another use that is similar and compatible with surrounding land uses.

Note: The burden of proof for establishing non-conforming use rights lies with the property owner. The Development Officer will assess the evidence, including records and documentation, to determine if the rights can be confirmed.

What is the difference between a Confirmation of Zoning and a Zoning Compliance Letter?

• Confirmation of Zoning: A letter signed by a Development Officer stating the zoning of a property. (See FAQ 2.1)
• Zoning Compliance Letter: A more detailed report assessing if an existing development complies with current zoning rules. Includes a site plan, PID, applicable by-laws, and any relevant addendums.

What is a variance?

If your project doesn’t meet Zoning Regulations (e.g., setbacks, height limits), you may apply for a variance, which allows legal exceptions under specific circumstances (Fee: $250/non-refundable)

The variance may be reviewed:
• In-house by a Development Officer, or
• By the Planning Review and Adjustment Committee (PRAC)

Nearby neighbours (within 30m/100ft) may be notified and their feedback considered.

Important:
• Variances are not granted for projects already started without a permit.
• Financial hardship is not a valid reason.

For more information, visit the Planning Review & Adjustment Committee (PRAC) page.

How do I get my property re-zoned?

If your proposed land use isn’t permitted, submit an Application for Re-Zoning form. Visit the Zoning Maps, By Laws and Regulations page.
This process takes at least 4 to 6 months, due to public notices and other steps required by the Community Planning Act. The decision is made by Council, who considers:
• Planning Staff Report
• Planning Review and Adjustment Committee’s views
• Public feedback (e.g., letters, presentations)
• Other relevant factors

What if my property doesn’t have any zoning?

Properties in unincorporated areas (LSDs) generally do not have zoning. However, they must still follow New Brunswick regulations such as:
• Provincial Building Regulations 81-126 and 2002-45
• Barrier-Free Design Building Code Regulation 2011-61
• Set-Back Regulation 84-292 (for developments near provincial roads)

For new habitable structures, you may also need a septic system permit from the provincial Department of Health.

What is the zoning of my property?

You can request a Confirmation of Zoning, a signed letter from a Development Officer stating your property’s zoning and a map with its PID (Property Identification Number).

There are two options:
• Zoning only
• Zoning plus confirmation of whether a proposed use is permitted

Fee: $100 per PID (see Fees section). Some properties may include multiple PID numbers.

Request via:
• Fax: 506-778-5360
• Phone: 506-778-5359 / 1-855-647-5359
• Email or in person (see Contact & Location section)

To check on your own, visit the Zoning Maps, By Laws and Regulations page.