Town of Appleton Development Regulations
Appleton, Newfoundland and Labrador
· adopted 2020-06-02
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URBAN AND RURAL PLANNING ACT, 2000
RESOLUTION TO APPROVE
THE TOWN OF APPLETON
DEVELOPMENT REGULATIONS, 2017-2027
Under the authority of section 16, section 17 and section 18 of the Urban and Rural Planning Act 2000,
the Town Council of Appleton:
a)
Adopted the Town of Appleton Municipal Plan {2017-2027) on the 2nd day of June, 2020;
b) Gave notice of the adoption of Municipal Plan (2017-2027) by advertisement on the Town
Synervoice APP (which goes to every household in the community) on the 4th day of June and
the 6th day of June 2020 and inserted the notice on the Town Facebook page on June 3, 5, and
8, 2020; and,
c)
Scheduled the 8th day of July, 2020 at the Appleton Town Hall, for the holding of a public
hearing to consider objections and submissions to the Municipal Plan (2017-2027).
Now under the authority of Section 23 of the Urban and Rural Planning Act 2000, the Town Council of
Appleton approves the Development Regulations for the Town of Appleton as adopted and as amended
in consideration of the recommendations of the Commissioner's report dated August 3, 2020 as follows:
a) That Mr. Richard Freake's land be designated as residential and not and commercial, and
b) That the designation of the land at the end of Chippy's Lane as access for future development of
the Gleneagles be deleted.
And rejects the Commissioner's recommendation to do nothing regarding Mr. Philip Freake's request
and Council will reinstate Mr. Philip Freake's land to the residential zone of the Municipal Plan and
Development Regulations that came into effect in 1985.
SIGNED AND SEALED this_~ J_ day oL~-, 2020.
~at~~
Mayor:
Municipal Plan/Amendment
TownClerk,~ &;a----
REGISTERED
(Council
Seal)
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ATTACHMENT:
Changes to Development Regulations land Use Zoning map for the properties of Philip Freake and
Richard Freake
FROM proposed 'Industrial Park' zone
(Blue arrow= Philip Freake property
& Orange arrow= Richard Freake property)
Yellow= residential; mauve=lndustrial park;
TO:
Residential zone consistent with
Development Regulations, 1995 (note:
DR has only 1 Residential zone)
Yellow=residential; red= commercial/industrial
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URBAN AND RURAL PLANNING ACT, 2000
RESOLUTION TO ADOPT
TOWN OF APPLETON
DEVELOPMENT REGULATIONS, 2017-2027
Under the authority of Section 16 of the Urban and Rural Planning Act, 2000, the Town Council of
Appleton adopts the Appleton Development Regulations (2017-2027).
The Development Regulations (2017-2027) were adopted by the Town Council of Appleton on the 2ND OF
June, 2020.
Signed and sealed this 27 7aay of ....,A......,")
"-eu.+'='S:..i:.:..
' ___
__,. 2020.
Mayor
'2 ,,.,Jfu~
Municipal Clerk:~~~
CANADIAN INSTITUTE OF PLANNERS (CIP) CERTIFICATION
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Town of Appleton seal
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I certify that the Town of Appleton Development Regulations (2017-2027) have been prepared in
accordance with the requirements of the Urban and Rural Planning Act, 2000 of the Province of
Newfoundland and Labrador.
Member of Canadian Institute of Planners (MCIP)
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TABLE OF CONTENTS
1.0
AUTHORITIES AND RESPONSIBILITIES ........................................................................................................ I
1.1
APPLICATI0N .................................................................................................................................................... l
1. 2
PERMIT RESPONSIBILITIES ................................................................................................................................... 1
1.3
LEGAL EFFECT ................................................................................................................................................... l
1.4
AMENDMENT ................................................................................................................................................... 1
2.0
ADMINISTRATION OF THE REGULATIONS .................................................................................................. 3
2.1
WHEN IS A PERMIT REQUIRED ...................................................................................................................... 3
2.2
APPLICATION FOR A PERMIT ....................................................................................................................... .4
2.2.1
Who con apply and how .......................................................................................................................... 4
2.2.2
Application Information Requirements for All Applications ..................................................................... 4
2.2.3
Application Information Requirements for Discretionary Uses: ............................................................... 5
2.2.4
Application Information Requirements for Comprehensive Development .............................................. 5
2.3
INTERPRETATION OF LAND USE ZONING AND DEVELOPMENT STANDARDS ................................................ 6
2.3.1
Land Use Zones ........................................................................................................................................ 6
2.3.2
Land Use Zone Tables: Permitted and Discretionary uses ....................................................................... 6
2.3.2.1 Permitted Uses ......................................................................................................................................... 6
2.3.2.2 Discretionary Uses ................................................................................................................................... 6
2.3.2.3 Accessory Uses and Accessory Buildings .................................................................................................. 7
2.3.2.4 Uses Not Permitted .................................................................................................................................. 7
2.3.2.5 Uses Permitted in All Land Use Zones ...................................................................................................... 7
2.3.3
Development Conditions and Standards .................................................................................................. 7
2.4
OPTIONS IF PROPOSAL NOT PERMITTED BY DEVELOPMENT REGULATION ZONES, CONDITIONS OR
STANDARDS ............................................................................................................................................................... 8
2.4.1
Variances ................................................................................................................................................. 8
2.4.2
Non-Conforming Uses .............................................................................................................................. 8
2.5
COUNCIL DECISION-MAKING ........................................................................................................................ 9
2.5.1
Timely Decision-making ........................................................................................................................... 9
2.5.2
Deferment of Application ......................................................................................................................... 9
2.5.3
Public Notice ............................................................................................................................................ 9
2.5.4
Briefing Sessions .................................................................................................................................... 10
2.5.5
Approval in Principle .............................................................................................................................. 11
2.5.6
Approval of Development Permit. .......................................................................................................... 11
2.5.7
Temporary Use Permit ........................................................................................................................... 11
2.5.8
Correction of Errors and Remedial Work ............................................................................................... 12
2.5.9
Revoke Permit ........................................................................................................................................ 12
2.5.10 Fee for Permit ........................................................................................................................................ 12
2.5.11 Written Reasons for Refusing or Setting Conditions on o Permit .......................................................... 12
2.5.12 Refusal: Premature development ......................................................................................................... 12
2.5.13 Discretionary Decision-making Powers of Council ................................................................................. 12
2.5.14 Register .................................................................................................................................................. 13
2.6
2.6.1
2.6.2
2.6.3
2.6.4
2.6.5
2.6.6
2.6.7
2.6.8
2.7
2.8
2.8.1
2.8.2
2.8.3
SPECIAL CONDITIONS FOR DEVELOPMENT ..-.-..-................-.-.-....-......-.-.--.....-..................-......................... 13
Development Agreement ....................................................................................................................... 13
Planning Impact Analysis ....................................................................................................................... 13
Financial Guarantees by Developer ....................................................................................................... 14
Service Levy ............................................................................................................................................ 15
Require Land Conveyed for Public Work Purpose .................................................................................. 15
Land for Park/ Public Use ........................................................................................................................ 15
Land for Park/ Public Use in Subdivisions ............................................................................................... 15
Restoration of Land ................................................................................................................................ 15
APPEALS .....-...........-.....-....-.--....-..-..-..-.-.....-..........-..-.................-.-...........................-...........................-..... 16
ENFORCEMENT AUTHORITY ....................................................................................................................... 19
Delegation of Authority ......................................................................................................................... 19
Right of Entry ......................................................................................................................................... 20
Enforcement Authorities ........................................................................................................................ 20
2.9 NATIONAL CODES AND REGULATIONS ............................................................................................................ 20
3.0
3.1
LAND USE ZONES ..................................................................................................................................... 21
3.1.1
3.1.2
3.1.3
3.1.4
3.2
3.3
3.4
3.S
3.6
3.7
3.8
RESIDENTIAL ZONES .........................-............................................................................................................... 22
Residential Traditional Community Zone ............................................................................................... 22
Residential High Density ........................................................................................................................ 23
Residential Comprehensive Development Scheme Area 111-Forest Hill .................................................. 24
Residential Development Scheme Areas 112-Gleneagles View ............................................................... 25
COMMERCIAL/INDUSTRIAL ZONE .............-.-..-......................................-.................-...............-..-........................ 26
INDUSTRIAL PARK ............................................................................................................................................ 27
FLOOD RISK ZONES: 1 & 2 ............................................................................................................................... 28
OPEN SPACE, PARK AND TRAILS ZONE ................................................................................................................. 30
PUBLIC/INSTITUTIONAL .................................................................................................................................... 31
RESOURCE ZONE -.....-................-....-..-..................................-...-.............-.........-.-..-..-...................................... 32
PROTECTED WATER SUPPLY OVERLAY ................................................................................................................. 33
3.9
MINERAL WORKING ZONE ................................................................................................................................ 37
3.10 MIXED USE ZONE ................................................................................................................................................ 38
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4.0
LAND USE AND DEVELOPMENT: DEFINITIONS AND DEVELOPMENT STANDARDS .................................... 40
4.1
GENERAL STANDARDS APPLICABLE TO All SUBMISSIONS ........................................................................ .40
4.1.1
Access ..................................................................................................................................................... 40
4.1.2
Archaeologicol Sites ............................................................................................................................... 40
4.1.3
Buffers and Separation Distances Between Land Uses: ........................................................................ .41
4.1.4
4.1.5
4.1.6
4.1.7
Comprehensive Development ................................................................................................................ 43
Crown Lond ............................................................................................................................................ 43
Federal and Provincial Government Requirements ................................................................................ 44
Protected Roads ..................................................................................................................................... 44
4.1.8
Nuisance ................................................................................................................................................ 44
4.1.9
Soil Removal, Soil Deposit and Site Grading .......................................................................................... 44
4.1.10 Water Body Protection ........................................................................................................................... 45
4.1.10.1
Flood Risk Area: ............................................................................................................................................ 45
4.1.10.2
Watercourse or Wetland: ............................................................................................................................. 45
4.1.11 T'Railway Provincial Park ....................................................................................................................... 46
4.2
AGRICULTURE LAND USE CLASS ................................................................................................................ .46
4.2.1
Commercial Agriculture: ........................................................................................................................ 46
4.2.2
Urban Agriculture .................................................................................................................................. 47
4.3
4.2.2.1
General Conditions: ...................................................................................................................................... 47
4.2.2.2
Community Garden ....................................................................................................................................... 47
4.2.2.3
4.2.2.4
Livestock and Poultry Conditions .................................................................................................................. 4 7
Kennel ........................................................................................................................................................... 48
COMMERCIAL LAND USE CLASS ................................................................................................................. .48
4.3.1
Amusement Establishment/Use ............................................................................................................. 48
4.3.2
Amusement Park/Attraction .................................................................................................................. 48
4.3.3
Auto Body Shop ...................................................................................................................................... 49
4.3.4
4.3.5
4.3.6
Automotive Repair Shop ........................................................................................................................ 49
Automotive Sales and Service Establishment ........................................................................................ 50
Bar .......................................................................................................................................................... 50
4.3.7
Building Supply Store ............................................................................................................................. 50
4.3.8
Business Support Service ........................................................................................................................ 51
4.3.9
Campground, including RV campgrounds .............................................................................................. 51
4.3.10 Child Care - non-residential ................................................................................................................... 52
4.3.11 Club and Lodge ...................................................................................................................................... 52
4.3.12 Contractor, Limited (Small) .................................................................................................................... 52
4.3.13 Convenience Store .................................................................................................................................. 53
4.3.14 Custom Manufacturing Service .............................................................................................................. 53
4.3.15 Garage, Public ........................................................................................................................................ 53
4.3.16 General Service/ Repair .......................................................................................................................... 53
4.3.17 Hotel or Inn ............................................................................................................................................ 54
4.3.18 Marina ................................................................................................................................................... 54
4.3.19 Medical or Dental Clinic/Office .............................................................................................................. 55
4.3.20 Motel ...................................................................................................................................................... 55
4.3.21 Outdoor Commercial Patio .................................................................................................................... 55
4.3.22 Outdoor Market ..................................................................................................................................... 56
4.2.23 Personal Service ..................................................................................................................................... 56
4.2.24 Office: Professional, Financial and Associated Support Services ........................................................... 56
4.2.25 Resort ..................................................................................................................................................... 57
4.3.26 Restourants ............................................................................................................................................ 57
4.3.26.1
Drive-Through and Take-Out ........................................................................................................................ 57
4.3.26.2
Restaurant - Full Service ............................................................................................................................... 58
4.3.26.3
Restaurant- Mobile Take-Out or Street Vendor ........................................................................................... 58
4.3.27 Retai/ ...................................................................................................................................................... 59
4.3.28 Shopping Centres/ Retail Warehouse: ................................................................................................... 59
4.3.29 Service Station ....................................................................................................................................... 59
4.3.29.1
Service Station - Residential ......................................................................................................................... 60
4.3.29.2
Service Station -Highway .............................................................................................................................. 60
4.3.30 Veterinarian Clinic .................................................................................................................................. 60
4.4
INDUSTRIAL LAND USE CLASS ..................................................................................................................... 61
4.4.1
4.4.2
4.4.3
4.4.4
4.4.5
4.4.6
4.4.7
4.4.8
4.4.9
4.4.10
4.4.11
4.4.12
4.4.13
Aquaculture Facility ............................................................................................................................... 61
Composting Facility ................................................................................................................................ 61
Contractor, General ............................................................................................................................... 61
Energy Generation Facilities .................................................................................................................. 61
Fishery Use ............................................................................................................................................. 62
Forestry .................................................................................................................................................. 62
Industrial - General ................................................................................................................................ 63
Industrial - Heavy And/or Hazardous .................................................................................................... 63
Industrial - light ..................................................................................................................................... 64
Industrial Moll ........................................................................................................................................ 64
Mineral Exploration ............................................................................................................................... 65
Minero/ Working .................................................................................................................................... 66
Mining .................................................................................................................................................... 70
4.4.14 Natural Resource-Related Uses .............................................................................................................. 71
4.4.15 Salvage/Scrap Yard ................................................................................................................................ 71
4.4.16 Solid Waste Recycling site ...................................................................................................................... 72
4.4.17 Wind Turbine Generator (Commercial) .................................................................................................. 73
4.5
PARKS AND ENVIRONMENTAL PROTECTION LAND USE CLASS ................................................................... 73
4.5.1
4.5.2
Environmental Protection Area .............................................................................................................. 73
Open Space, Pork and Trails .................................................................................................................. 74
4.6
PUBLIC/INSTITUTIONAL .............................................................................................................................. 74
4.6.1
Cemetery ................................................................................................................................................ 74
4.6.2
Institutional Use ..................................................................................................................................... 75
4.6.2.1
Personal Care Facilities, Nursing Homes, and Family and Group Care centres/Care Centres (non-residential)
75
4.6.3
Protective and Emergency Services ........................................................................................................ 76
4. 6.4
Public Gathering Places -Indoor ............................................................................................................. 76
4.6.4.1
Place of Worship ........................................................................................................................................... 76
4.6.5
Public Gathering - Outdoor .................................................................................................................... 76
4.6.6
Sports and Recreation Facilities ............................................................................................................. 77
4. 7
RESIDENTIAL LAND USE CLASS .................................................................................................................... 77
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4.7.1
General Conditions ................................................................................................................................. 77
4. 7.2
Residential Dwellings ............................................................................................................................. 80
4. 7 .2.1
Residential Dwellings - Single Detached ....................................................................................................... 80
4.7.2.2
Residential Dwelling- Double ........................................................................................................................ 80
4.7.3
Townhouses ........................................................................................................................................... 80
4.7.4
Mini-Home and Mobile Hames .............................................................................................................. 81
4.7.5
Apartment Building ................................................................................................................................ 82
4.7.6
Cottage or Cabin .................................................................................................................................... 82
4.7.7
Group Care centre .................................................................................................................................. 82
4.8
UTILITIES ..................................................................................................................................................... 83
4.8.1
Communications .................................................................................................................................... 83
4.8.2
Easement ............................................................................................................................................... 83
4.8.3
Utilities ................................................................................................................................................... 84
5.0
ACCESSORY USES AND ACCESSORY BUILDINGS, AND HOME BUSINESSES ............................................... 85
5.1
ACCESSORY USES ........................................................................................................................................ 85
5.1.1
General Accessory Uses ......................................................................................................................... 85
5.1.2
Subsidiary Apartments ........................................................................................................................... 85
5.2
ACCESSORY BUILDINGS .............................................................................................................................. 87
5.2.1
Accessory Buildings - General ............................................................................................................... 87
5.2.2
Accessory Buildings - Residential Use Classes ........................................................................................ 87
5.2.2.1
Residential Swimming Pool ........................................................................................................................... 88
5.2.3
Accessory Buildings - Non-Residential ................................................................................................... 88
5.3
HOME BUSINESS IN THE RESIDENTIAL LAND Use CLASS .......................................................................................... 90
6.0
5.3.1
General Home Business ......................................................................................................................... 90
5.3.2
Development Conditions for Specific Home Businesses ......................................................................... 92
5.3.2.1
Bed and Breakfast ......................................................................................................................................... 92
5.3.2.2
5.3.2.3
Boarding House ............................................................................................................................................. 92
Day Care - Residential ................................................................................................................................... 92
5.3.2.S
Subsidiary Apartments .................................................................................................................................. 93
BUILDINGS, LOT SITING AND LANDSCAPING AND SERVICES .................................................................... 94
6.1
BUILDINGS .................................................................................................................................................. 94
6.1.1
Building Orientation ............................................................................................................................... 94
6.1.2
Building Quality ...................................................................................................................................... 94
6.1.3
Heat Pump, Mini-Split Heat Pump, Air Conditioner, or External Fan ..................................................... 94
6.1.4
Heritage Building or Structure ............................................................................................................... 95
6.2
LOT SITING AND LANDSCAPING .................................................................................................................. 95
6.2.1
lot Area .................................................................................................................................................. 95
6.2.2
lot Size Exceptions ................................................................................................................................. 95
6.2.3
Unsubdivided land ................................................................................................................................. 95
6.2.4
lot Fronting onto on a Public Street ...................................................................................................... 95
6.2.5
Building line and Setbacks ..................................................................................................................... 95
6.2.6
6.2.7
6.2.8
6.2.9
Flanking or Corner lots and double fronting lots ................................................................................... 96
Side Yards ............................................................................................................................................... 96
Multiple Uses on One Lot ....................................................................................................................... 96
Outdoor Storage .................................................................................................................................... 96
6.2.10 Landscaping ........................................................................................................................................... 97
6.2.10.1
General ......................................................................................................................................................... 97
6.2.10.2
Subdivisions .................................................................................................................................................. 97
6.2.10.3
Residential .................................................................................................................................................... 98
6.2.10.4
Commercial and Public/Institutional ............................................................................................................ 98
6.2.10.5
Industrial ...................................................................................................................................................... 99
6.2.10.6
Screening and Landscaping ........................................................................................................................... 99
6.3
MUNICIPAL SERVICES ................................................................................................................................. 99
6.3.1
Streets ond access to streets .................................................................................................................. 99
6.3.2
Services and Public Utilities .................................................................................................................. 100
6.3.3
Storm Water Management .................................................................................................................. 100
6.3.4
Effluents ............................................................................................................................................... 100
6.3.5
On-Site Services {Wells ond onsite sanitary sewer systems) ................................................................ 101
6.3.6 Environmental Investigations .................................................................................................................. 101
7.0
OFF-STREET LOADING & PARKING AND SIGNS ...................................................................................... 102
7.1
PARKING AND OFF-STREET LOADING REQUIREMENTS ............................................................................ 102
7.1.1
7.1.2
7.1.3
7.1.4
7.1.5
Off-Street Loading Requirements ........................................................................................................ 102
Parking Area Standards ....................................................................................................................... 102
Parking Development Plans ................................................................................................................. 103
Off-Street Parking Requirements ......................................................................................................... 103
Designated Mobility Impaired Parking Spaces .................................................................................... 106
7.2
SIGNS (ADVERTISEMENTS) ....................................................................................................................... 106
8.0
7.2.1
Permit Required ................................................................................................................................... 106
7.2.1.1
Signs/Advertisements Exempt from Control ............................................................................................... 106
7.2.1.2
Provincial Highway Sign Regulations, 1996 (under the Urban and Rural Planning Act, 2000) .................... 106
7.2.1.3
7.2.1.4
7.2.1.5
7.2.1.6
7.2.1.7
Application for Permit ................................................................................................................................. 106
Signs/ Advertisements Prohibited In Street Reservation ............................................................................. 107
Permit Valid for Limited Period ................................................................................................................... 107
Removal of Signs/Advertisements .............................................................................................................. 107
Approval Subject to Conditions ................................................................................................................... 107
7.2.1.8
Non-Conforming Uses ................................................................................................................................. 107
7.2.2
SIGN STANDARDS FOR SPECIFIC ZONES ............................................................................................... 107
7.2.2.1
Advertisements Relating to Onsite Uses ..................................................................................................... 107
7.2.2.2
Advertisements Relating to Offsite Uses on Local Roads ............................................................................ 108
SUBDIVISION OF LAND .......................................................................................................................... 109
8.1
SUBDIVISION STANDARDS ........................................................................................................................ 109
8.1.1
8.1.2
8.1.3
8.1.4
8.1.5
Subdivision Standards apply ................................................................................................................ 109
Subdivisions standards do not apply .................................................................................................... 109
Permit Required ................................................................................................................................... 109
Public Notice ........................................................................................................................................ 109
Form of Application .............................................................................................................................. 110
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8.1.6
Subdivision Subject to Zoning .............................................................................................................. 110
8.1.7
8.1.8
8.2
8.2.1
8.2.2
Subdivision Permit Subject to Considerations ...................................................................................... 110
Building Permits Required .................................................................................................................... 110
SUBDIVISION PERMIT REQUIREMENTS ....--.............................................................................................. 111
Subdivision Development Agreement .................................................................................................. 111
Municipal Services to be Provided ....................................................................................................... 111
8.2.3
Private Well water source: Groundwater Supply Assessment and Reporting ..................................... 111
8.2.4
Fees, Service Levies and Development Charges ................................................................................... 112
8.2.4.1
Subdivision Fees .......................................................................................................................................... 112
8.2.4.2
Service Levies and Local Improvement Assessments .................................................................................. 112
8.2.4.3
8.2.4.4
Deposit of Securities ................................................................................................................................... 113
Land for Public Open Space ........................................................................................................................ 113
8.3
SUBDIVISION DESIGN STANDARDS ........................................................................................................... 113
8.3.1
General Subdivision Design Standards ................................................................................................. 113
8.3.2
Conservation Subdivision Design (Grouping of Buildings and Landscaping) ....................................... 115
8.4
SUBDIVISION ENGINEERING STANDARDS ................................................................................................ 120
8.4.1
Engineer to Design Works and Certify Construction Layout ................................................................ 120
8.4.2
8.4.3
8.4.4
Developer to Pay Engineer's Fees and Charges ................................................................................... 120
Street Works May Be Deferred ............................................................................................................ 120
Construction of Utilities ....................................................................................................................... 121
8.4.5
Structures in Street Reservation ........................................................................................................... 121
8.4.6
Transfer of Streets and Utilities to Council ........................................................................................... 121
8.4.7
Mini/mobile home park subdivision ..................................................................................................... 121
APPENDICES ...................................................................................................................................................... 122
APPENDIX 1: INTERPRETATION OF TECHNICAL TERMS USED IN THE DEVELOPMENT REGULATIONS .................... 123
APPENDIX 2: MINISTER'S DEVELOPMENT REGULATIONS ..................................................................................... 131
APPENDIX 3: LAND USE ZONING MAPS ................................................................................................................. 140
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1.0
AUTHORITIES AND RESPONSIBILITIES
1.1
Application
These Development Regulations apply to:
-
all persons proposing to undertake a land use and/or development within the Planning Area
boundary, whether residents or non-residents; and,
-
the Mayor and Councillors and their delegates as they make land use and development
decisions.
All development, including the subdivision/severance of land, carried out within the Planning Area must
have a permit issued by Council in accordance with these Development Regulations.
1.2
Permit Responsibilities
Even though an applicant may receive a municipal development permit, the applicant is responsible for
ensuring compliance with all relevant federal and provincial legislation, regulations, policies and
guidelines prior to commencing a land use or development approved under these Development
Regulations. Council may require proof of compliance prior to approval.
1.3
Legal Effect
Upon publication of the notice of registration of these Development Regulations in the Newfoundland
and Labrador Gazette, the previous Development Regulations are hereby repealed and replaced.
Similarly, for amendments, publication in the Newfoundland and Labrador Gazette is required before
they are in legal effect.
These Regulations may be cited as the "Town of Appleton Development Regulations 2017", prepared
under the authority of Section 35 of the Urban and Rural Planning Act, 2000 (hereinafter called 'the
Act'). As required under Section 36 of the Act, the Ministerial Development Regulations 03/01 are
included in these regulations.
1.4
Amendment
An amendment to the text of the Development Regulations (and Land Use Zoning Map), may be
requested by any person, and the associated costs are borne by that person. The request shall be made
to the Council, and they must follow the amendment process set out in the Urban and Rural Planning
Act, 2000 (Sections 14-25).
An amendment to the text of the Development Regulations (and the Land Use Zoning Map) which does
not requires an associated amendment to the Municipal Plan does not follow the full process set out
above; however, Section 14 public consultation is required as part of the Council review process and this
process along with the associated resolution of Council to adopt the amendment must be submitted in
the required form to the Department of Municipal Affairs and Environment for Registration.
Town of Appleton Development Regulations 2017
1
An amendment to these Development Regulations may be requested by any person, and shall be
submitted to the Council. All costs for the amendment are to be borne by the person requesting the
amendment, except when initiated by Council. Where an application for an amendment involves
private property, the application shall be made by the property owner or a person operating under the
owner's written consent. A copy of this written consent must accompany the application for an
amendment to the text of the Development Regulations or rezoning of the Land Use Zoning Map.
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2.0
ADMINISTRATION OF THE REGULATIONS
This Chapter deals with the administration of processing permits for proposed land use and
developments and outlines: when a permit is required, the process for making an application for a
permit, the decision-making process by Council or it's delegate, including the conditions and
requirements that may be attached to the permit, the appeal process, and the enforcement
responsibilities of the Council.
Under Section 109 (2) of the Act, a council may to appoint/designate an employee of Council to approve
or reject applications to develop land in accordance with the Plan and regulations and that employee
may outline the conditions applicable to that development. Council shall make that designation in
writing.
2.1
WHEN IS A PERMIT REQUIRED
All development and all the subdivision (severance) of land carried out within the Planning Area must
have a permit issued by Council in accordance with these Regulations.
Development is defined in the Urban and Rural Planning Act, 2000 as:
" ... the carrying out of building, engineering, mining or other operations in, on, over or under land, or the
making of a material change in the use, or the intensity of use of land, buildings or premises and the
i.
making of an access onto a highway, road or way,
ii.
erection of an advertisement or sign,
iii.
construction of a building,
iv.
parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or as an office, or
for living accommodation,
and excludes the
v.
carrying out of works for the maintenance, improvement or other alteration of a building, being
works which affect only the interior of the building or which do not materially affect the external
appearance or use of the building,
vi.
carrying out by a highway authority of works required for the maintenance or improvement of a
road, being works carried out on land within the boundaries of the road reservation,
vii.
viii.
ix.
carrying out by a local authority or statutory undertakers of works for the purpose of inspecting,
repairing or renewing sewers, mains, pipes, cables or other apparatus, including the breaking
open of street or other land for that purpose, and
use of a building or land within the courtyard of a dwelling house for a purpose incidental to the
enjoyment of the dwelling house as a dwelling ... "; and,
"Subdivision means the dividing of land, whether in single or joint ownership into 2 or more
pieces for the purpose of development". The requirements for subdivision development can be
found in Section 8.
Subdivision means subdivision of land under single ownership into two or more lots.
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All development shall be carried out and maintained within the Planning Area in accordance with these
Regulations and any other by-law or regulation enacted by Council.
2.2
APPLICATION FOR A PERMIT
2.2.1
Who can apply and how
An application for a Permit or for Approval in Principle shall be made only by the owner or by a person
authorized by the owner to Council on such form as may be prescribed by Council;
Where Approval in Principle is granted under these Regulations, it shall be subject to the subsequent
approval by Council of the details and conditions as listed in the Approval in Principle, which shall be
received not later than one year from the issuance of the Approval in Principle. If the details and
conditions are not received, and there is no request for an extension (as per 2.5.5) then the Approval in
Principle is void and the application is rejected.
Council shall, on request, supply to every applicant a copy of the application forms and a description of
the plans, specifications, and drawings required to be provided with the application.
2.2.2
Application Information Requirements for All Applications
An application for a Development Permit shall contain the information needed to satisfy the applicable
requirements in these Regulations.
Every application shall include:
-
such plans, specifications and drawings as Council may require; and,
-
the permit fee required by Council.
-
all information required to process the application in accordance with these Regulations (see
below). Such information shall include at least the following:
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location of the site on a map;
-
details of proposed use: type, size and scale of operation, landscaping;
-
lot area, lot frontage, siting of structures;
-
contours and significant natural features such as wetlands, watercourses, drainage channels,
and slopes that exceed 15 percent, existing vegetation, trees;
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existing streets, buildings, and land uses in the vicinity of the site;
-
a conceptual layout of proposed streets, trails, and other major components of the
development;
-
proposed access/egress, parking, loading requirements;
-
proposed water supply, waste disposal and storm water drainage services; and
-
a legal survey plan prepared by a registered Newfoundland and Labrador land surveyor.
Where the application involves a building, the following information shall be added to the lot
information, as appropriate:
-
siting of building on the lot, including building line setback and yards;
-
bulk and height, in terms of floor area and building height;
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off-street parking, circulation, and loading, in terms of variables specified in Section 7; and
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landscaping and buffers.
Un-subdivided Land: Development is not permitted on un-subdivided land unless sufficient area is
reserved to satisfy the yard and other allowances called for in the Use Zone in which it is located and the
allowances shall be retained when the adjacent land is developed.
2.2.3
Application Information Requirements for Discretionary Uses:
Discretionary Uses may only be considered for an application to develop where:
-
the Discretionary Use is stated in the applicable Use Zone table {Section 3; and,
-
Council has, at the applicant's expense, published a notice in a newspaper circulating in the area
of the application and considered any representations or submissions received in response to
that advertisement.
In addition to the information requirements for lots and buildings in 2.2.2, an application for a
Discretionary Use shall contain the following information relating to Discretionary Uses involving
operation of a business/service:
-
floor area to be used for Discretionary Use,
-
number of employees employed on site, and
-
hours of operation.
2.2.4
Application Information Requirements for Comprehensive Development
In addition to the information in 2.2.2, the following requirements will apply to all proposed site
developments involving new street construction or development of large sites for commercial (including
commercial recreational), industrial, residential and public institutional development.
A comprehensive development application would normally include the following:
-
Identification of Developable Area of site, indicating accommodation of site conditions such as
poor drainage, steep slopes, flooding potential and rocky ground;
-
Proposed siting of new buildings, or additions, including building square footage area size,
building height, and setback distances to property lines;
-
Building lot area coverage and floor area ratio where applicable;
-
Total number of proposed multi-unit residential dwellings, or strata unit commercial and/or
industrial units, and interior floor plans;
-
layout drawing of proposed parking area, total number and size of parking spaces and
maneuvering aisles, access and egress locations to parking area, provisions for bicycle parking
where applicable, landscape screening for parking areas and storm water drainage
management;
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Identification of outdoor amenity and open space improvement areas;
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Identification of unenclosed storage areas and area size; and,
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Overview of landscaping treatment and approach for the site development.
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phasing of the development;
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Street and servicing layout, including on-site road pattern and traffic and relation to surrounding
community in conformance with Town standards;
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Indicate any issues related to the long-term maintenance of streets and other services;
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Must meet the requirements of 4.1.4; and,
-
if required, an amendment to the Municipal Plan and Development Regulations for adoption by
the Council.
2.3
INTERPRETATION OF LAND USE ZONING AND DEVELOPMENT STANDARDS
2.3.1
Land Use Zones
The Planning Area is divided into Land Use Zones which are shown on the Zoning Map attached to and
forming part of these Regulations.
The boundaries of the Use Zones shown on the Land Use Zoning Maps are general only and, except
where they coincide with roads, shorelines, or other prominent physical features, are not intended to
define exact limits. No zoning amendment shall be required in order to accommodate minor
adjustments of the Use Zone boundaries. Other than such minor boundary adjustments, no
development shall be permitted that does not conform to the Use Zone delineated on the Land Use
Zoning Maps.
Where there is uncertainty regarding the existence of a watercourse identified on the zoning map as
occurring within the Environmental Protection zone, this will be confirmed in the field. If it is determined
that the watercourse does not exist, the area will be treated as if it is within the surrounding zone.
2.3.2
Land Use Zone Tables: Permitted and Discretionary uses
This chapter provides a Use Zone Table for each Zone which sets out the permitted, and discretionary
uses for each Zone. The standards, requirements and conditions applicable to these Uses are set out in
Chapters 4, 5, 6 and 7.
2.3.2.1 Permitted Uses
Subject to these Regulations, Permitted Uses set out in the Use Zone Table shall be permitted by the
Council in that Use Zone provided that it meets the development standards and requirements of the
Development Regulations.
2.3.2.2 Discretionary Uses
The discretionary uses listed in the Use Zone Tables may be permitted at the discretion of Council,
provided that they are complimentary to uses within the permitted use class, or that their development
will not inhibit or prejudice the existence or the development of such uses (Refer to the Development
Standards set out in Chapters 3, 4, 5, 6 and 7).
Council must be satisfied that the development would not be contrary to the general intent and purpose
of these Regulations, the Municipal Plan, or any further scheme or plan or regulation pursuant thereto,
and to the public interest.
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Council is also required to provide public notice of the application in accordance with Provision 2.5.3 and
has considered any objections or representations which may have been received on the matter.
2.3.2.3 Accessory Uses and Accessory Buildings
As set out in Chapter 5, and Accessory Use means a use that is subsidiary to a permitted or discretionary
use and that is customarily expected to occur with the permitted or discretionary use.
A permit is required for accessory uses and accessory buildings.
2.3.2.4 Uses Not Permitted
Uses that are not listed as Permitted or Discretionary Use on a Use Zone Table shall not be permitted in
that Use Zone.
2.3.2.5 Uses Permitted in All Land Use Zones
The following uses will be permitted in any land use zone:
-
Parks and Environmental Protection Land Use class uses (4.5);
-
Mineral exploration not classed as 'development' (4.4.11);
-
Utilities (4.8) including municipal services;
2.3.3
Development Conditions and Standards
Development within the Planning Area must conform to:
-
Policies set out in the Municipal Plan;
-
Development standards set out in the Development Regulations:
o
Standards and conditions set out in the specific Use Zones where the proposed
development is located (Section 3.0);
o
Land Use and Development standards (Section 4.0);
o
Accessory Uses and Accessory Buildings, and Home Businesses (Section 5.0)
o
Building, Siting and Servicing standards (Section 6.0);
o
Off-street Parking and loading standards (Section 7.0);
o
Standards regarding Signs (Section 7 .0)
o
Standards for Subdivisions (Section 8.0)
o
Standards of design and appearance established by Council.
-
Standards set out in the National Building Code and ancillary codes (plumbing, electrical, etc.);
-
Any other municipal regulation in force in the Planning Area regulating or controlling
development, heritage, fences, conservation and use of land and buildings under the
Municipalities Act, 1999;
-
Requirements of federal and provincial legislation, regulations, and policy and guidelines.
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2.4
OPTIONS IF PROPOSAL NOT PERMITTED BY DEVELOPMENT REGULATION ZONES,
CONDITIONS OR STANDARDS
2.4.1
Variances
Where the proposed development does not comply with the development standards set out in these
Regulations, Council may, in its discretion, vary the applicable development standards to a maximum of
ten percent (10%) if, in Council's opinion, compliance with the development standards would prejudice
the proper development of the land, building, or structure in question or would be contrary to public
interest.
Council shall not allow a variance from development standards set out in development regulations if
that variance, when considered together with other variances made or to be made with respect to the
same land, building, or structure would have a cumulative effect that is greater than a ten percent (10%)
variance even though the individual variances are separately no more than ten percent {10%);
Council shall not permit a variance from the development standards where the proposed use would
increase the non-conformity of an existing development or would result in the creation of non-
conformity of any existing legal development.
Where Council is to consider a proposed variance, Council shall give written notice of the proposed
variance from development standards to all persons whose land is in the immediate vicinity of the land
that is the subject of the variance and allow a minimum period of seven (7) days for response.
2.4.2
Non-Conforming Uses
(Refer to Section 108(2) of the Urban and Rural Planning Act 2000 and Sections 14, 15, and 16 of the
Ministerial Development Regulations found in Appendix 2)
Non-conforming use
108. {I) Notwithstanding a plan, scheme or regulations made under this Act, the minister, a council or regional
authority shall, in accordance with regulations made under this Act, allow a development or use of land to continue
in a manner that does not conform with a regulation, scheme, or plan that applies to that land provided that the non-
confonning use legally existed before the registration under section 24 of the plan, scheme or regulations made with
respect to that kind of development or use.
(2) Notwithstanding subsection ( I), a right to resume a discontinued non-conforming use of land shall not
exceed 6 months after that discontinuance unless otherwise provided by regulation under this Act.
(3) A building, structure or development that does not oonfonn to a scheme, plan or regulations made under
this Act that is allowed to continue under subsection ( I)
(a) shall not be internally or externally varied, extended or expanded unless otherwise approved by the
minister or appropriate council, regional authority or authorized administrator;
(b) shall not be structurally modified except as required for the safety of the building, structure or
development;
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(c) shall not be reconstructed or repaired for use in the same non-conforming manner where 50% or more of
the value of that building, structure or development has been destroyed;
(d) may have the existing use for that building, structure or development varied by the appropriate council,
regional authority or authorized administrator to a use that is, in their opinion more compatible with a
plan and regulations applicable to it;
(e) may have the existing building extended by the appropriate council, regional authority or authorized
administrator where, in its opinion that extension is not more than 50% oftbe existing building;
(t) where the non-conformance is with respect to the standards included in development regulations, shall
not be expanded if the expansion would increase the non-conformity; and
(g) where the building or structure is primarily zoned and used for residential purposes, may, in accordance
with the appropriate plan and regulations, be repaired or rebuilt where 50% or more of the value of that
building or structure is destroyed.
2.5
COUNCIL DECISION-MAKING
2.5.1
Timely Decision-making
Applications properly submitted in accordance with these Regulations which have not been determined
by Council and on which a decision has not been communicated to the applicant within sixty (60) days of
the application being received by Council, shall be deemed to be refused.
2.5.2
Deferment of Application
Council may, with the written agreement of the applicant, defer consideration of an application.
An application properly submitted in accordance with these Regulations shall be determined within
eight (8) weeks of the receipt thereof by Council, or shall be deferred;
Council may, without the agreement of the applicant, defer decisions on an application for a
Development Permit and/or an application for an amendment to these Regulations within a specified
area where Council has directed that a planning study or other similar study pertaining to the future use
and development of the specified area be undertaken.
An application may be withdrawn only on receipt of a written request from the applicant.
2.5.3
Public Notice
Council must, at the applicant's expense (Section 35 {1) of the Act), publish a notice in a newspaper
circulating in the area of the application and consider any representations or submissions received in
response to that advertisement, when an application is received regarding:
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A change in a non-conforming use; notice of an application to change a non-conforming use will be
by advertisement in a newspaper circulating in the area, and a minimum of seven (7) days will be
provided for persons to respond.
-
A proposed development is listed as a discretionary use; notice of an application to change a non-
conforming use will be by advertisement in a newspaper circulating in the area, and a minimum of
seven (7) days will be provided for persons to respond.
-
A comprehensive development is proposed; Council will publish a notice in a newspaper circulating
in the area or by other reliable means give public notice, and will provide a minimum of fourteen
(14) days for persons to respond; or,
-
Council determines that the public should be notified of an application; notice of the application
will be by advertisement in a newspaper circulating in the area, and a minimum of seven (7) days
will be provided for persons to respond;
-
A Planning Impact Analysis is proposed; Council will publish a notice in a newspaper circulating in
the area or by other reliable means give public notice, and will provide a minimum of fourteen (14)
days for persons to respond;
Notification regarding a variance will be carried out as follows:
-
A variance; written notice of a variance application will be given directly to persons whose land is in
the immediate vicinity of the land that is the subject of the variance who are likely to be affected
(Minister's Development Regulations-see Appendix) and a minimum of seven (7) days will be
provided for persons to respond;
2.5.4
Briefing Sessions
Council may require a public meeting to be held in respect of any matter arising under these
Regulations.
Council may advertise or require the applicant to advertise the application by a minimum of one (1)
advertisement in a newspaper circulating in the local area at least ten (10) calendar days prior to the
holding of a briefing session where the application shall be discussed.
The newspaper notice shall: (a) contain a general description of the application; (b) specify the date set
for the briefing session at which the application is to be discussed; (c) specify the date set for receipt of
written representation on the application by the City; (d) identify the place and time where the
application can be viewed by the public; and (e) specify that Council shall cancel the briefing session if
no written response is received by the deadline for the receipt of responses.
Council may make such effort as it deems reasonable to provide that written notices are mailed to the
addresses of property owners, as identified on the current Town's assessment role, within a radius of at
least 150 m from the application site, a minimum of fourteen (14) calendar days prior to a briefing
session where such application is discussed.
Notes of the proceedings of the briefing session shall be recorded and these notes, together with any
written representations, shall be considered by Council when it makes its decision on the matter, which
is the subject of the briefing session.
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An elected member of Council shall act as Chairperson of the briefing session.
2.5.5
Approval in Principle
1. Council may grant an approval in principle if it determines that the proposed development complies
generally with the intent and purposes of the Municipal Plan and these Regulations.
2. Council will attach to the approval in principle such conditions that it deems necessary to ensure the
proposed development will be in accordance with the Plan and these Regulations. It will also outline
such details that the applicant will be required to address before a final development permit will be
granted.
3. An approval in principle will be valid for a period of one (1) year, and may be extended for one (1)
additional year, up to a maximum of two (2) years.
4. Where approval in principle is granted, approval of a final development permit will be subject to the
subsequent approval by Council of any details and conditions that were outlined in the approval in
principle.
5. Approval in principle will not constitute permission to commence development. No form of
development will commence until Council has issued a proper development permit.
6. Council may revoke approval in principle if it determines that the applicant has changed the
proposed development in a way that significantly alters the original intent of the application or has
not adequately addressed conditions or details stipulated in the approval in principal.
7. A decision by Council on an application to undertake development can be appealed in accordance
with Section 42 of the Act.
2.5.6
Approval of Development Permit
l. A written development permit issued by Council or its designated staff will constitute permission to
develop in accordance with these Regulations, but such permission shall not relieve the applicant
from full responsibility for obtaining all other permits or approvals prior to commencement of
development and complying with all other regulations and statutes during development.
2. Council may attach conditions to a development permit to ensure compliance with the Municipal
Plan and these Regulations, and the permit holder will be responsible for full compliance with these
conditions. When approving an application for a discretionary use, Council shall state in writing the
basis for its approval.
3. A permit is valid for two years and if the development has not commenced, the permit may be
renewed for one year, but a permit shall not be renewed more than three years; except for Signs
(see Section 7.2).
4. No person shall change the application for which a development permit was issued unless written
approval of the change has been issued by Council.
5.
A copy of the development permit, along with plans and specifications, shall be kept on the site until
the development is completed.
2.5.7
Temporary Use Permit
A temporary use permit means a permit for a development or the use of land that is limited in scope,
duration and frequency and is allowed to operate on a short-term basis, such as, a temporary outdoor
market. At its discretion, Council may issue a development permit for a temporary use, which must
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comply with the Municipal Plan and these Regulations. The permit may be for a period not exceeding
one (1) year, and may be extended at the request of the applicant for one (1) additional year, up to a
maximum of two (2) years.
2.5.8
Correction of Errors and Remedial Work
The approval of any plans or drawings or the issuance of a Development Permit or permit shall not
prevent Council or any officer from thereafter requiring the correction of errors or from ordering the
cessation of, or remedial work on any development being carried out in the event that the same is in
violation of these or any other regulations or statutes.
2.5.9
Revoke Permit
Council or any delegate may revoke an approval and any subsequent permits for failure by the holder, to
comply with these Regulations or any condition attached to the permit or where the permit was issued
contrary to the applicable regulations or was issued on the basis of incorrect information.
2.5.10
Fee for Permit
Council may charge a fee for a development permit in accordance with the annual schedule of fees
adopted by Council.
2.5.11
Written Reasons for Refusing or Setting Conditions on a Permit
Council shall, when refusing to issue a permit or attaching conditions to a permit, state the reasons for
so doing. The Council shall also advise the applicant of their right to appeal in accordance with Section
42 of the Act.
2.5.12
Refusal: Premature development
No permit shall be issued for development within the Planning Area when:
-
in the opinion of Council, it is premature by reason of the site lacking adequate road access,
power, drainage, sanitary facilities, or domestic water supply, or being beyond the natural
development of the area at the time of application,
UNLESS
-
the applicant contracts to pay the full cost of construction of the services deemed necessary by
Council and such cost shall attach to and upon the property in respect of which it is imposed.
Where a Development Permit application for a land or building development or for an amendment to
the Development Regulations has been effectively denied by a resolution ofTown Council, application
for the same development, building or amendment shall not be considered within 12 months of the
date of the previous refusal.
2.5.13
Discretionary Decision-making Powers of Council
In considering an application for a permit to carry out development, Council shall take into account the
policies expressed in the Municipal Plan and any further scheme, plan or Regulations pursuant thereto,
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and shall assess the general appearance of the development of the area, the amenity of the
surroundings, availability of utilities, public safety and convenience, and any other considerations which
are, in its opinion, material, and notwithstanding the conformity of the application with the
requirements of these Regulations, Council may, in its discretion, and as a result of its consideration of
the matters set out in this Regulation, conditionally approve or refuse the application.
2.5.14
Register
Council shall keep a register of all applications for development, and shall enter therein Council's
decision upon each application and the result of any appeal from that decision.
2.6
SPECIAL CONDITIONS FOR DEVELOPMENT
2.6.1
Development Agreement
Where a Development Agreement is required as a condition of a Development Permit, the Development
Agreement shall set out the terms specific to that agreement and shall be signed by the applicant and
Council within one year of the approval granted by Council.
Development cannot proceed until all conditions of the Development Permit are met and the
Development Agreement is signed by the applicant and Council.
2.6.2
Planning Impact Analysis
Council may require a Planning Impact Analysis to evaluate any proposed land use, development and/or
situation that affects the implementation of policies contained in the Municipal Plan.
Planning Impact Analysis (PIA) will be used to evaluate applications to determine the appropriateness of
a proposed change in land use, and to identify potential issues and provide proposals for mitigation. The
PIA will document the criteria used by municipal staff through the application review process and
depending upon the situation, other criteria relevant to the issue may also be considered.
The Terms of Reference for a Planning Impact Analysis shall be approved by Council prior to its
execution and shall become an integral part of the report itself. The PIA shall be prepared by qualified
individuals/consultants. The report and any supporting studies may be prepared at the expense of the
applicant, at Council's discretion.
General Proposals
Where a Plan amendment and/or zone change application is for a general change in land use and does
not relate to specific development proposal, or where site specific information on the future
development of the site is not required, all or some of the following criteria may be considered:
-
compatibility of proposed uses with surrounding land uses, and the likely impact of the proposed
development on present and future land uses in the area;
-
the size and shape of the parcel of land on which a proposal is to be located, and the ability of the
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site to accommodate the intensity of the proposed use;
-
the supply of vacant land or vacant buildings in the area which is designated and/or zoned for the
proposed uses;
-
the potential traffic generated by the proposed change, considering the most intense land uses that
could be permitted by such a change, and the likely impact of this additional traffic on town streets,
pedestrian and vehicular safety, and on surrounding properties.
Site Specific Proposals
Where a Plan amendment and/or zone change is for a specific development proposal, or where more
site specific and detailed information on the type and nature of future development is required, all, or
some, of the following criteria may be considered:
-
all of the criteria listed in the policies of the Plan;
-
the height, location and spacing of any buildings in the proposed development, and any
potential impacts on surrounding land uses;
-
the location of vehicular access points the likely impact of traffic generated by the proposal on
streets, pedestrian and vehicular safety, and on surrounding properties;
-
the exterior design in terms of bulk, scale, and layout of buildings, and the integration of these
uses with present and future land uses in the area;
-
the potential impact of the development on surrounding natural features and heritage
resources;
-
constraints posed by the environment, including but not limited to locations where adverse
effects from landfill sites, sewage treatment plants, methane gas, contaminated soils, noise,
ground borne vibration, and rail safety may limit development;
-
compliance of the proposed development with the provisions of the Town's Municipal Plan and
Development Regulations; and,
-
measures planned by the applicant to mitigate any adverse impacts on surrounding land uses
and streets which have been identified as part of the Planning Impact Analysis.
An applicant for a proposed change in land use may be required to provide information and details on
the development and its likely impacts. The report shall identify significant impacts, evaluate their
importance, and recommend a mitigation plan indicating measures of control or mitigation, where
appropriate.
Prior to the approval of a Planning Impact Analysis, Council shall provide adequate time for a public
review of the report, using the procedures for public notification as outlined in Section 2.5.3.
2.6.3
Financial Guarantees by Developer
Council may require a developer, before commencing a development, to make such financial provisions
and/or enter into such agreements as may be required to guarantee the payment of service levies,
ensure site reinstatement, and to enforce the carrying out of any other condition attached to a permit.
The financial provisions may be made in the form of:
-
a cash deposit from the developer, to be held by Council;
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a security or guarantee by a bank, or other institution acceptable to Council, for
expenditures by the developer;
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a performance bond provided by an insurance company or a bank, or;
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an annual contribution to a sinking fund held by Council.
2.6.4
Service Levy
Council may require a developer to pay a service levy where development is made possible or where the
density of potential development is increased, or where the value of real property is enhanced by the
carrying out of public works either on or off the site of the development (Section 149 (2) Municipalities
Act, 1999).
A service levy shall not exceed the cost, or estimated cost, including finance charges to Council of
constructing or improving the public works referred to above that are necessary for the real property to
be developed in accordance with the standards required by Council and for uses that are permitted on
that real property.
A service levy shall be assessed on the real property based on: (a) the amount of real property benefited
by the public works related to all the real property so benefited, and (b) the density of development
made capable or increased by the public work.
Council may require a service levy to be paid by the owner of the real property; (a) at the time the levy is
imposed, (b) at the time development of the real property commences, (c) at the time development of
the real property is completed, or (d) at such other time as Council may decide.
2.6.5
Require Land Conveyed for Public Work Purpose
Council may, for a development not involving a subdivision, require a portion of the land to be
developed to be conveyed to the Town for a public purpose where public works are required to
accommodate the proposed development.
2.6.6
Land for Park/Public Use
A Council may, for a development that is not a subdivision, require that the owner of the land being
developed convey to the council or regional authority, for a public purpose, a portion of the land
proposed for development.
2.6.7
Land for Park/Public Use in Subdivisions
Council may require the dedication of a percentage of the land area of any subdivision or other
development for public use, and such land shall be conveyed to Council in accordance with Section 37 of
the Act.
2.6.8
Restoration of Land
Council may require the restoration of land after a development or use is discontinued.
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2.7
APPEALS
The person to whom a Town's decision applies shall have the right to appeal that decision in accordance
with the provisions of Sections 42 to 46 of the Act. The following excerpts are provided from the Urban
and Rural Planning Act, 2000 with respect to Appeals:
'Appeal
42.( !)A person or an association of persons aggrieved of a decision that, under the regulations, may be appealed,
may appeal that decision to the appropriate board where the decision is with respect to
(a)an application to undertake a development;
(b )a revocation of an approval or a permit to undertake a development;
( c )the issuance of a stop work order; and
(d) decision permitted under this or another Act to be appealed to the board.
(2)A decision of a council, regional authority or authorized administrator to adopt, approve or proceed with a plan,
scheme, development regulations and amendments and revisions of them is final and not subject to an appeal.
(3) An appeal board shall not make a decision that does not comply with a plan, scheme and development
reguJations that apply to the matter being appealed.
(4) An appeal made under this section shall be filed with the appropriate board not more than 14 days after the
person who made the original application appealed from has received the decision being appealed.
(5) An appeal shall be made in writing and shall include
(a)a summary of the decision appealed from;
(b )the grounds for the appeal; and
(c)the required fee.
(6)A board may meet as often as it considers necessary to conduct its work in an expeditious manner.
{7)A person or group of persons affected by the subject of an appeal or their representatives may appear before a
board and make representations concerning the matter under ;ippeal.
(8)A board may inform itself of the subject matter of the appeal in the manner it considers necessary to reach a
decision.
(9)A board shall consider and determine appeals in accordance with this Act and a plan, scheme and regulations that
have been registered under section 24 and having regard to the circumstances and merits of the case.
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(I 0) In determining an appeal, a board may confirm, reverse or vary the decision appealed from and may impose
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those conditions that the board considers appropriate in the circumstances and may direct the council, regional
authority or authorized administrator to carry out its decision or make the necessary order to have its decision
implemented.
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( 11 Notwithstanding subsection ( I 0), where a council, regional authority or authorized administrator may, in its
discretion, make a decision, a board shall not make another decision that overrules the discretionary decision.
( 12) The decision of a majority of the members of a board present at the hearing of an appeal shall be the decision of
the board.
{13)A board shall, in writing notify the appellant and the appropriate council, regional authority or authorized
administrator of the decision of the board.
HeJ1ring of evidence
43.( I) Notwithstanding subsection 42(7), where
(a)due to the isolation of an area that is the subject of an appeal, it would be difficult or costly for a board to hear
representations from a council, regional authority, authorized administrator or other person; or
(b)the parties to an appeal agree in writing,
a council, regional authority, authorized administrator and other persons who are parties to the appeal may
(c submits written arguments to the board; or
(d)present arguments by teleconference, telephone or other electronic means,
and the board may deliberate and make a determination on the matter based upon those written or other submissions.
(2) Where a board considers it necessary to visit and view a property that is the subject of an appeal, one member of
that board or another person whom the board may authorize, may make that visit and, in writing, report to the board
on the visit and viewing oftbe property.
(3) information provided to a board under subsections ( I) and (2) shall be considered to have been provided in the
same manner as evidence before a board during a hearing of an appeal under section 42.
Fees
44.( I) The minister may establish fees for the making of appeals under this Part.
(2)A fee paid under subsection (I) shall be paid to the board hearing the matter and shall be retained by that board.
(3) Where an appeal made under section 42 is successful, an amount of money equal to the fee paid by the appellant
under subsection (I) shall be paid to the appellant by the council, regional authority or authorized administrator that
made the appealed decision.
Development may not proceed
45 ( I) Where an appeal is made under section 42, the development with respect to the appeal, work related to that
development or an order that is under appeal shall not proceed or be carried out, pending a decision of the board.
(2) Where, on appeal, a permit to develop is confirmed or ordered to be issued, a council, regional authority or
authorized administrator shall issue the permit as confirmed or ordered.
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Appeal to court
46 ( I )A decision of a board may be appealed to the court not later than 10 days after that decision has been received
by the appellant.
(2) An appeal of a decision of a board under subsection (I) may be made on a question of law or jurisdiction.
{3)A board may be represented by counsel and heard on an appeal under this section.
(4) the court shall either confirm or vacate the order of the board and where vacated the court shall refer the matter
back to the board with the opinion of the court as to the error in law or jurisdiction and the board shall deal with the
matter in accordance with that opinion.
- End of Excerpt -
The following process consists of excerpts from Ministerial Development Regulations (including the
numbering) which can be found in the Appendices.
Notice of Right to Appeal
5.
Where the Authority makes a decision that may be appealed under section 42 of the Act, the Authority
shall, in writing, at the time of making that decision, notify the person to whom the decision applies of the:
a) person's right to appeal the decision to the board;
b) time by which an appeal is to be made;
c) right ofother interested persons to appeal the decision; and
d) manner of making an appeal and the address for the filing of the appeal.
Appeal Requirements
6
{l) The secretary of the Appeal Board at the Department of Municipal and Provincial Affairs, Main Floor,
Confederation Building (West Block), P.O. Box 8700, St. John's, NL, A 1 B 4J6 is the secretary to all Appeal
Boards in the province and an appeal filed with that secretary within the time period referred to in subsection
42(4) of the Act shall be considered to have been filed with the appropriate Appeal Board.
(2) The fee required under section 44 of the Act shall be paid to the Appeal Board that hears the decision being
appealed by filing it with the secretary referred to in subsection ( 1) or (2) within the 14 days referred to in
subsection 42(4) of the Act.
(3) The Appeal Board that hears the decision being appealed shall, subject to subsection 44(3) of the Act, retain
the fee paid to the Appeal Board.
( 4) Where an appeal of a decision and the required fee is not received by an Appeal Board in accordance with
this section and Part VI of the Act, the right to appeal that decision shall be considered to have been forfeited.
Appeal Registration
7. ( 1) Upon receipt of an appeal and fee as required under the Act and these regulations, the secretary of the
Appeal Board as referred to in subsections 24( I) and (2), shall immediately register the appeal.
(2) Where an appeal has been registered the secretary of the Appeal Board shall notify tbe Authority of the
appeal and shall provide to the Authority a copy of the appeal and the documentation related to the appeal.
(3) Where the Authority has been notified ofan appeal that Authority shall within one week of notification
forward to the appropriate board a copy of the application being appealed, all correspondence, council minutes,
plans and other relevant information relating to the appeal including the names and addresses of the applicant
and other interested persons of whom the authority has knowledge.
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(4) Upon receipt of the information under subsection (3), the secretary of the board shall publish in a newspaper
circulated in the area of the appropriate authority, a notice that the appeal has been registered.
(5) A notice published under subsection (4) shall be published not fewer than 2 weeks before the date upon
which the appeal is to be heard by the board.
Development Prohibited
8.
(I) Immediately upon notice of the registration of an appeal the Authority shall ensure that any development
upon the property that is the subject of the. appeal ceases.
(2) Sections 102 and 104 of the Act apply to the Authority acting under subsection (I).
(3) Upon receipt of a notification of the registration of an appeal with respect to an order under section 102 of
the Act, the Authority shall not carry out work related to the matter being appealed.
Hearing Notice and Meetings
9.
(I) An Appeal Board shall notify the appellant, applicant, authority and other persons affected by the subject of
an appeal of the date, time and place for the appeal not fewer than 7 days before the date scheduled for the
hearing of the appeal.
(2) An Appeal Board may meet as often as is necessary to conduct its work in an expeditious manner.
Hearing of Evidence
10 (1) An Appeal Board shall meet at a place within the area under its jurisdiction and the appellant and other
persons notified under regulation 29(1) or their representative may appear before the Appeal Board and make
representations with respect to the matter being appealed.
(2) An Appeal Board shall hear an appeal in accordance with section 43 of the Act and these regulations.
(3) A written report submitted under subsection 43(2) of the Act respecting a visit to and viewing of a property
shall be considered to have been provided in the same manner as evidence directly provided at the hearing of
the Appeal Board.
( 4) In the conduct of an appeal hearing, the Appeal Board is not bound by the rules of evidence.
Board decision
11.
A decision of the board must comply with the plan, scheme or development regulations that apply to the
matter that has been appealed to that board.
- End of excerpt -
2.8
ENFORCEMENT AUTHORITY
2.8.1
Delegation of Authority
The Urban and Rural Planning Act provides for delegation of enforcement responsibilities under Section
109, where, an employee of a council may issue an order under the Section (see below). An order made
by an employee shall be confirmed by a majority vote of the members of the council present at the next
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meeting of that Council after the order is made and if the order is not confirmed in this manner, it shall
be considered to be cancelled.
2.8.2
Right of Entry
Council or an officer may enter upon any public or private land and may at all reasonable times enter
any development or building upon the land for the purpose of making surveys or examinations or
obtaining information relative to the carrying out of any development, construction, alteration, repair,
or any other works whatsoever which Council is empowered to regulate.
2.8.3
Enforcement Authorities
Where it is determined that a use of land or development is contrary to the Municipal Plan and
Development Regulations, Council may initiate enforcement measures by issuing a stop work order.
Every inspector shall keep a record of any violation of these Regulations and report that violation to
Council.
2.9
NATIONAL CODES AND REGULATIONS
The National Building Code, and associated codes, such as the Plumbing Code, the Fire Code, the
Electrical Code, the Life Safety Code, and any other ancillary code and other municipal regulations
regulating or controlling the development, conservation, and use of land shall, under these Regulations
apply to the entire Planning Area.
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3.0
LAND USE ZONES
For the Town of Appleton, the following zones were developed to reflect the needs of the community.
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RESIDENTIAL TRADITIONAL COMMUNITY ZONE
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RESIDENTIAL HIGH DENSITY ZONE
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RESIDENTIAL COMPREHENSIVE DEVELOPMENT SCHEME AREA ZONES:
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# 1- FOREST HILL
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# 2-GLENEAGLES VIEW
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COMMERCIAL/INDUSTRIAL ZONE
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INDUSTRIAL PARK ZONE
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FLOOD RISK ZONES: 1 & 2
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OPEN SPACE, PARK & TRAILS ZONE
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PUBLIC/ INSTITUTIONAL ZONE
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RESOURCE ZONE
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PROTECTED WATER SUPPLY OVERLAY
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MINERAL WORKING ZONE
The uses in these zones are subject to all other applicable requirements in Chapters 1, 2, 4, 5, 6, 7, 8,
and Appendices of the Development Regulations.
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3.1
Residential zones
3.1.1
Residential Traditional Community Zone
USE ZONE TABLE
RESIDENTIAL TRADITIONAL COMMUNITY
PERMITTED USES
DISCRETIONARY USES
-Residential Dwelling- single (4.7.1 & 4. 7.2.1)
-Townhouse (4.7.1 & 4.7.3)
-Residential Dwelling- double (4.7.1 & 4.7.2.2)
-Urban Agriculture (4.2.2)
-Open space, Park, and Trails (4.5.2)
-Mineral Exploration that is
-Environmental Protection Areas (4.5.1)
'development' (4.4.11)
-Uses set out in 2.3.2.5: Environmental protection areas (4.5.1);
the non-development type of Mineral exploration (4.4.11.1);
Utilities (4.8), and Open Space, Park, Trails (4.5.2)
SITE DEVELOPMENT STANDARDS
Standards:
I Single Dwelling I Double Dwelling I Townhouse
Minimum Standards
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Lot area (m2)
450
390*
350*(average)
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Floor area (m2)
70*
80*
65*
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Frontage (m) *
15
26
12 * (average)
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Building Line Setback (m)
6
6
8
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Side yard Width (m)
1.5
1.5
1.5
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Rear yard Depth (m)
9
9
9
Maximum Standards:
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Lot Coverage(%)
33
33
33
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Height
10
10
10
*Per unit
Conditions:
l. The uses in these zones are subject to all other applicable requirements in Chapters 1, 2, 4, 5, 6, 7, 8,
and Appendices of the Development Regulations.
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3.1.2
Residential High Density
USE ZONE TABLE: RESIDENTIAL HIGH DENSITY
PERMITTED USES
DISCRETIONARY USES
-Residential Dwelling- single (4.7.1 & 4.7.2.1)
-Apartment building (4.7.5)
-Residential Dwelling- double (4.7.1 & 4. 7.2.2)
-Day Care- Residential (See provision5.2.2.3)
-Townhouse (4.7.1 & 4.7.3)
- Mineral Exploration that is 'development'
-Open Space, Park, and Trails (4.5.2)
(4.4.11)
-Environmental Protection Areas (4.5.1)
-Uses set out in 2.3.2.5: Environmental protection
areas (4.5.1); the non-development type of
Mineral exploration (4.4.11.1); Utilities (4.8), and
Open Space, Park, Trails (4.5.2)
DEVELOPMENT STANDARDS - RESIDENTIAL HIGH DENSITY
Single Dwelling
Double
Townhouse
Apartment
Dwelling
APT-2
APT-3
Minimum Standard:
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Lot size m2
330
270*
135*
210*
250*
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Front m
12
18
5*
30
30
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Building Line Setback m
7.5
7.5
7.5
10
10
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Side Yards m
1.2/2.4
2.4
3
8
8
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Flanking Yard m
7.5
7.5
7.5
10
10
-
Read Yard m
8
8
8
12
12
Maximum Standard:
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Lot Coverage %
33
33
33
33
33
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Maximum Height m
8
8
10
12
12
*Per unit
Conditions:
1. The uses in these zones are subject to all other applicable requirements in Chapters 1, 2, 4, 5, 6, 7, 8,
and Appendices of the Development Regulations.
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3.1.3
Residential Comprehensive Development Scheme Area #1-Forest Hill
USE ZONE TABLE
RESIDENTIAL COMPREHENSIVE DEVELOPMENT SCHEME AREA #1- FOREST HILL
PERMITTED USES
DISCRETIONARY USES
-Uses set out in 2.3.2.5: Environmental protection
-Mineral Exploration that is 'development'
areas (4.5.1); the non-development type of
(4.4.11)
Mineral exploration (4.4.11.1); Utilities (4.8), and
Open Space, Park, Trails (4.5.2)
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Conditions
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1. No new development can take place until Development Scheme has been prepared.
2. A Residential Development Scheme must be prepared according to Provision 2.2.4 of these
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Development Regulations, and Section 29 of the Act which requires that the RCDSA adheres to
the process set out in Sections 14-25 of the Act.
3. Council shall require the installation of municipal water and sewer at the developer's expense.
4. A tree retention/ replacement and landscaping plan must be included as a component of the
Residential Development Scheme.
5. Development must be fully services as this area is located within the Protected Water Supply
area, therefore developments that are fully serviced by water and sewer have been allowed by
the Watershed Management Committee for Gander Lake.
6. Four access points into this have been identified for protection in order to ensure that an
adequate road system can be developed for the RCDSA area.
7. A buffer is required along the T'Railway Provincial Park.
8. A permit is required from the Parks Division, Government of Newfoundland and Labrador for
any proposed road crossing the T'Railway Provincial Park.
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3.1.4
Residential Development Scheme Areas #2-Gleneagles View
USE ZONE TABLE
RESIDENTIAL COMPREHENSIVE DEVELOPMENT SCHEME AREA# 2 - Gleneagles View
PERMITTED USES
DISCRETIONARY USES
-Uses set out in 2.3.2.5: Environmental protection
-Mineral Exploration that is 'development'
areas (4.5.1); the non-development type of
(4.4.11)
Mineral exploration (4.4.11.1); Utilities (4.8), and
Open Space, Park, Trails (4.5.2)
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Conditions
1. No new development can take place until a Residential Development Scheme has been
prepared.
2. A Residential Development Scheme must be prepared according to Provision 2.2.4 of these
Development Regulations, and Section 29 of the Act which requires that the RCDSA adheres to
the process set out in Sections 14-25 of the Act.
3. The installation of municipal water and sewer shall be cost-recovery for the Council; preferably
at the developer's expense.
4. A tree retention/replacement and landscaping plan must be included as a component of the
Residential Development Scheme.
5. All proposals for a Residential Development Scheme must be submitted to the Watershed
Management Committee for Gander Lake according to the Water Resources Division of the
Government of Newfoundland and Labrador. This area is located above the water intake for the
Towns of Appleton and Glenwood. As a result, there is a 150-m 'intake buffer (no-development)
from the shoreline of Gander River extending for 1 km above the pumphouse. This results in a
considerable loss of developable land if this buffer becomes the starting boundary for
development; therefore, the decision to provide services or not to provide services needs to be
reviewed with the Watershed Management Committee to determine the best approach.
6. A permit for a street crossing of the T'Railway Provincial Park is required in order to provide a
road network that will conform to the requirements of the Subdivision standards set out in
Chapter 8.
7.
Two access point must be protected: One access point is the continuation of Chippy's Lane; and
the other off Bowater Street (across from and up the hill from the Town Office);
8. The 'Conservation approach' to subdivision design as outlined in sub-Section 8.3.2 can be
applied to this RCDSA.
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3.2
Commercial/Industrial Zone
USE ZONE TABLE
COMMERCIAL/INDUSTRIAL ZONE
PERMITTED USES
DISCRETIONARY USES
-All Uses in the Commercial Land Use Class {4.3)
-Mineral Exploration that is 'development' (4.4.11)
-Industrial - Light (4.4.9)
-Public /Institutional Land Use Class (4.6)
EXCEPT Cemetery (4.6.1)
-Mineral Exploration (4.4.11)
- Open Space, Park, and Trails (4.5.2)
-Uses set out in 2.3.2.5: Environmental
protection areas (4.5.1); the non-development
type of Mineral exploration (4.4.11.1); Utilities
(4.8), and Open Space, Park, Trails (4.5.2)
COMMERCIAL/LIGHT INDUSTRIAL USE
DEVELOPMENT STANDARDS
Minimum Standards in metres (m):
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Front yard (building line)
10
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Side yard
5
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Side yard for open storage
5
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Flanking yard
6-8
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Rear yard
10-15
Maximum Standards
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Height (m)
15
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Coverage(%)
40
Conditions:
1. The uses in these zones are subject to all other applicable requirements in Chapters 1, 2, 4, 5, 6, 7, 8,
and Appendices of the Development Regulations.
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3.3
Industrial Park
USE ZONE TABLE
INDUSTRIAL PARK
PERMITTED USES
DISCRETIONARY USES
-Industrial - General (4.4.7)
-Contractor, Limited (4.3.12)
-Light Industry (4.4.9)
-Custom Manufacturing Service (4.3.14)
-Mineral Exploration that is 'development'
-Uses set out in 2.3.2.5: Environmental protection
(4.4.11)
areas (4.5.1); the non-development type of
Mineral exploration (4.4.11.1); Utilities (4.8), and
Open Space, Park, Trails (4.5.2)
INDUSTRIAL GENERAL USE CLASS
DEVELOPMENT STANDARDS
Minimum Standards in metres (m):
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Front yard (building line)
10
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Side yard
5
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Flanking yard
8
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Rear yard
15
Maximum Standards
-
Height (m)
15
-
Coverage (%)
60%
Conditions:
1.. The uses in these zones are subject to all other applicable requirements in Chapters 1, 2, 4, 5, 6, 7, 8,
and Appendices of the Development Regulations.
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3.4
Flood Risk Zones: 1 & 2
Council recognizes the limitations of the Flood Risk Zones designated by the Government of
Newfoundland and Labrador and essentially adopts the stipulations set out in the Flood Plain
Management Policy, as set out below.
Table 1 below indicates whether not project categories are permitted in each of the defined flood plains.
USE ZONE TABLE - FLOOD RISK ZONES
WHERE FLOOD PLAINS ARE DESIGNATED
Category
All Flood Plains
Floodway
Floodway Fringe
Climate Change
(1:20 year Zone)
(1:100-year Zone)
Flood Zone
Temporary alterations
Permitted
Permitted
Permitted
Permitted
Non-structural uses
Permitted
Permitted
Permitted
Permitted
Structures related to use of Permitted
Permitted
Permitted
Permitted
water resources
Minor structural or other
Permitted
Permitted
Permitted
Permitted
projects
with conditions*
with conditions*
with conditions*
Other structures not used
Permitted
Permitted
Permitted
Permitted
primarily for residential
with conditions*
with conditions*
with conditions*
with conditions*
Industrial Uses related to
Permitted
Permitted
Permitted
Permitted
shipping (marine only)
with conditions*
with conditions*
with conditions*
with conditions*
Other industrial and
Not Permitted
Permitted
Permitted
Permitted
commercial
with conditions** with conditions*
with conditions*
Institutional
Not Permitted
Not Permitted
Not Permitted
Not Permitted
Residential and other
Not Permitted
Not Permitted
Permitted
Permitted
institutional
with conditions*
with conditions*
Hydraulic Structures
Permitted
Permitted
Permitted
Permitted
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*In Table 1 where projects may be permitted with conditions, the following conditions will apply:
1. the ground floor elevation of the structure is higher than the 1:100-year flood level and the climate
change flood zone (where designated), and,
2. the structure will not interfere with the flow of water or displace water such that it creates a worse
flooding situation for other properties, and,
3. the structure and the associated utilities must be designed and constructed in accordance with the
approved flood proofing guidelines of the Department and entrances and exits from the building can
be safely used without hindrance in the event of a flood, and,
4. the proposed use of the facility and site will not involve any storage of pollutants such as fuels,
chemicals, pesticides etc., and,
5.
additional conditions which may be appropriate for specific projects and included in a permit issued
under Section 48 of the Act.
In general, it is the policy of the Department of Municipal Affairs and Environment ("the Department")
that flood plains and the buffer zone be preserved and left in their natural state. Recognizing that this is
an ideal that would hinder significant benefits that could be derived from certain development in a flood
plain and outweigh all risk of loss, damage or peril, this policy for flood plain management views any
application to avail of land in flood risk areas in decreasing order of preference. These preferences are
referred to hereafter as project categories.
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Temporary alterations in a buffer zone, a climate change flood zone, a designated floodway
fringe, a flood plain, a designated floodway, and lastly, the body of water itself.
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Non-structural uses such as open space recreation, pasture, and wildlife habitat enhancement.
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Structures related to use of water resources such as wharves, slipways, boathouses, pumping
stations, storm or sewerage discharges.
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Minor structural or other projects where only soil disturbance is involved such as constructed
trails, pipelines, transmissions lines, roads, etc., assuming there will be no change in the grade of
the land.
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Other structures not used primarily for residential, commercial, industrial or institutional
purposes where there will be a change in grade but not a building.
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Industrial uses related to the marine shipping or fishing industries.
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Other industrial and commercial development.
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Institutional developments such as hospitals, senior citizens homes, homes for special care or
schools where flooding could pose a significant threat should evacuation become necessary.
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Residential and other institutional development.
Additions and Modifications to Existing Development
Additions, modifications, enhancements and improvements to existing structures where there is an
increase in the floor area within the flood plain, will be assessed for suitability in the same way as the
project category as a whole.
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3.5
Open Space, Park and Trails Zone
USE ZONE TABLE
OPEN SPACE, PARK AND TRAILS
PERMITTED USES
DISCRETIONARY USES
-Open Space, Park and Trails (4.5.2)
-Campgrounds (4.3.9)
-Restaurant - Mobile Take Out, Street Vendor
-Uses set out in 2.3.2.5: Environmental protection
only (4.3.26.3)
areas (4.5.1); the non-development type of
-Mineral Exploration that is 'development'
Mineral exploration (4.4.11.1); Utilities (4.8)
(4.4.11)
DEVELOPMENT STANDARDS FOR STRUCTURES IN
OPEN SPACE, PARK AND TRAILS ZONE
Minimum Standards in metres (m):
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Front yard (building line)
10
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Side yard
5
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Flanking yard
8
-
Rear yard
15
Maximum Standards
-
Height (m)
15
Conditions:
1. The uses in these zones are subject to all other applicable requirements in Chapters 1, 2, 4, 5, 6, 7, 8,
and Appendices of the Development Regulations.
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3.6
Public/Institutional
USE ZONE TABLE
PUBLIC/INSTITUTIONAL
PERMITTED USES
DISCRETIONARY USES
-Public/Institutional - Town Hall and associated
-Club and lodge (4.3.11)
facilities only
-Mineral exploration that is 'development'
-Uses set out in 2.3.2.5: Environmental protection
(4.4.11)
areas (4.5.1); the non-development type of Mineral
exploration (4.4.11.1); communications (4.8.1),
Utilities (4.8), and Open Space, Park, Trails (4.5.2)
PUBLIC/INSTITUTIONAL
DEVELOPMENT STANDARDS
Minimum Standards in metres (m):
-
Front yard (building line)
8-10
-
Side yard
5
-
Flanking yard
8
-
Rear yard
8-15
Maximum Standards
-
Height (m)
15
-
Coverage (%)
40%
Conditions:
1. The uses in these zones are subject to all other applicable requirements in Chapters 1, 2, 4, 5, 6, 7, 8,
and Appendices of the Development Regulations.
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3.7
Resource Zone
USE ZONE TABLE
RESOURCE ZONE
PERMITTED USES
-Commercial Agriculture (4.2.1)
-Forestry (4.4.6)
-All uses in Parks and Environmental Protection
Land Use Class (4.5)
-Mineral Exploration that is 'development' (4.4.11)
-Mineral Working (4.4.12)
-Mining (4.4.13)
-Uses set out in 2.3.2.5: Environmental protection
areas (4.5.1); the non-development type of
Mineral exploration (4.4.11.1); Utilities (4.8), and
Open Space, Park, Trails (4.5.2)
Conditions:
DISCRETIONARY USES
-Veterinary (4.3.30)
-Outdoor Market
-Natural Resource-Related Uses (4.4.14)
-Salvage/Scrap Yard (4.4.15)
-Solid Waste Recycling (4.4.16)
-Wind Turbine Generator-Commercial (4.4.17)
-Industrial - General (4.4.7)
-Industrial Heavy/Hazardous (4.4.8)
-Cemetery (4.6.1)
-Campground (4.3.9)
-Contractor: General (4.4.3)
-Contractor Limited (4.3.12)
-Public Gathering - Outdoor (4.6.5)
-Amusement Park/ Attraction (4.3.2)
-Salvage/scrap yard (4.4.15)
-Service Station (4.3.29)
-Cottage (4.7.6)
-Kennel (4.2.2.4)
-Protective and Emergency Services (4.6.3)
-Resort (4.2.25)
1. The uses in these zones are subject to all other applicable requirements in Chapters 1, 2, 4, 5, 6, 7, 8,
and Appendices of the Development Regulations.
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3.8
Protected Water Supply Overlay
PROTECTED WATER SUPPLY
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
-Uses in the Conservation Land Use Class {4.5)
-Mineral Exploration (4.4.6}
-Uses set out in 2.3.2.5: Environmental
-ery {4.4.3}
protection areas (4.5.1); the non-development
-Commercial Agriculture (4.2.1}
type of Mineral exploration (4.4.11.1); Utilities
-Communications {4.8.1}
(4.8), and Open Space, Park, Trails (4.5.2)
-Cottage {4.7.7}
Conditions:
1. All land use and development activities adjacent to or within a designated Protected Water Supply
under the Water Resources Act, 2002 must be referred to the Water Resources Management
Division (WRMD) of the provincial government for review and approval - Refer to Land Use
provisions in the WRMD Guidelines below;
2. No development is allowed without Water Resources approval (Section 39 permit);
3. Existing uses will continue as non-conforming uses (see section 2.4.3).
1. Where cottages are approved by both Council and the Water Resources Management Division, the
development must be self-sufficient for water and sanitary sewer according the Service NL
standards; no municipal services will be provided.
2. Subject to all other applicable requirements in Chapters 1, 2, 4, 5, 6, 7, 8, and Appendices of the
Development Regulations.
LAND USE EXCERPTS from the Water Resources Management Division Guidelines for
Protected Public Water Supply Areas:
1.0 OBJECTIVES
The policy will establish a mechanism for issuing a certificate of environmental approval under
Section 39 of the Water Resources Act, SNL 2002 cW-4.01 for all development activities in a
designated water supply area. The implementation of the policy guidelines will ensure
sustainable development of natural resources without adversely affecting water quality.
5.1 This policy shall apply to public water supply areas designated under Section 39 of the Act.
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5.2 Existing resource development and other activities will be allowed to continue unless it is
established that these are impairing water quality or have potential to impair water quality.
5.3 If it is established that a particular activity is a source of pollution, then appropriate measures
as outlined in Sections 11, 12 and 13 of this policy directive will apply.
5.4 The Minister may require proponents of existing activities, which have potential to impair
water quality, to obtain his/her approval.
5.5 No development shall be carried out in a designated area except in accordance with this
policy.
5.6 No person shall carry out any development in a designated area without obtaining prior
approval in writing from the Minister.
6.0 ACTIVITIES NOT PERMITTED IN A DESIGNATED AREA
6.1 Placing, depositing or discharging or permitting the placing, depositing or discharging into a
body of water any sewage, refuse, chemicals, municipal and industrial wastes or any other
material which impairs or has potential to impair water quality.
6.2 Using an intake pond, lake or specified buffer zones for any activity detrimental to water
quality and not permitted in the Act.
6.3 Using ice covered water body for transporting logs, riding skidoos/motor vehicles/all-terrain
vehicles, leading of animals, or any other activity which impairs or has potential to impair water
quality.
6.4 Using or operating existing facilities in such a manner which impairs or has potential to
impair water quality.
6.5 Residential development (a sub-division of four or more lots), vehicle maintenance facilities,
warehouses, service stations, industries, and chemicals and salt storage depots.
6.6 Storage and disposal of pesticides and manure, application of manure and chemicals in
specified buffer zones, extensive land clearing, and peat land drainage without adequate
treatment.
6.7 Clear cutting of forest in sensitive areas, establishment of camps and camp facilities, storage
of chemicals, application of pesticides, drainage of peat land for afforestation, and application of
toxic fire retardants.
6.8 Resorts, hotels/motels, and golf courses.
6.9 Activities, operations or facilities associated with aggregate extraction and mineral
exploration such as work camps, vehicle parking and maintenance facilities, washing of
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aggregates, asphalt plants, discharge or deposit of waste material into a body of water, and
significant disturbance to land for mineral exploration purposes.
6.10 Application of herbicides in the right-of-way, and use of chemically treated utility poles and
other related structures.
6.11 Aquaculture development and associated activities having potential to impair water quality.
6.12 Processing and manufacturing plants having potential to impair water quality.
6.13 Cemetery, waste disposal facilities, and any other storage or disposal facilities that the
Minister considers environmentally unacceptable.
7.0 ACTIVITIES REGULATED IN A DESIGNATED AREA
ln a designated area, no person shall undertake any of the following activities without obtaining
prior written approval from the Minister:
7.1 Expansion and upgrading of the existing activities, operations or facilities.
7.2 Construction of residential, commercial, industrial and institutional facilities or any other
related activity including land clearing or drainage, construction of access roads, servicing of
lands for subsequent use, or extension and upgrading of existing buildings or facilities.
7 .3 Development of farm lands for crop production, forage production, vegetable production, and
blueberry and other fruit production.
7.4 Forest logging, resource road construction and use, stream crossing for controlled access,
preparation of skid trails and landing areas, silvicultural activities, tree farming, and other
environmentally acceptable forestry operations.
7.5 Recreational activities or facilities including cottage development, fishing, swimming,
boating, hiking, camp grounds, or canoe routes, vacation or other camps, or recreational
facilities.
7.6 Mineral exploration related activities and aggregate extraction, or any other construction
activity incidental to mining and quarrying including access roads, stream crossings, land
drainage with adequate treatment, land clearing and excavation.
7. 7 Installation of storm or sanitary sewer pipelines, pipelines for transmission of water for
hydroelectric generation, agriculture uses, or any other purposes.
7.8 Construction of roads, bridges, culverts, and other stream crossings, and installation of power
and telecommunication transmission lines.
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7.9 Modification to intake structures, pumphouse, reservoir, etc. will require approval under
Section 37 of Act.
7. IO Any other development or activity which, in the opinion of the Minister, has caused
impairment or has potential to impair water quality.
9.0 BUFFER ZONES
9. 1 The proponents shall provide the following widths of buffer zones along and around water
bodies from the high-water mark in a designated area:
Watercourse (Body of water)
Buffer- Minimum width
-
lntake pond or lake
150 metres
-
Intake river
150 metres for I kilometre upstream and
l 00 metres downstream of a water supply intake
-
Main river channel
75 metres
-
Major tributaries, lakes or ponds
50 metres
-
Other watercourses
30 metres (See condition (a.) below)
9.2 No development activity shall be permitted in buffer zones except those which are intended
to promote vegetation.
10.0 RESPONSIBlLITTES OF MUNJCTPAL AUTHORJTY
The municipal authority or person responsible for the operation and maintenance of a
waterworks shall:
I 0.1 Ensure that no development activities are undertaken in a designated area without approval
from the Minister.
I 0.2 Ensure that approved development activities are undertaken in strict compliance with the
terms and conditions of the approval.
I 0.3 Where an approval or this policy is violated, serve a stopping order on the violator after
obtaining prior approval from the Minister for stopping any work or operation either
permanently or temporarily which is not carried out according to the terms and conditions of the
approval and has impaired or has potential to impair water quality.
I 0.4 Request the Minister for the appointment of a Watershed Monitoring Committee and the
development of a watershed management plan, if the designated area is under increasing pressure
for multiple development activities.
-- END OF EXCERPT -
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3.9
Mineral Working Zone
MINERAL WORKING ZONE
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
-Mineral Exploration that is 'development' (4.4.11)
-Commercial Agriculture (4.2.1)
-Mineral Working (4.4.12)
-Forestry (4.4.6)
-Salvage/Scrap yard (4.4.15)
-Accessory Uses and buildings (5.1 & 5.2)
-Uses set out in 2.3.2.5: Environmental protection areas
(4.5.1); the non-development type of Mineral exploration
(4.4.11.1); Utilities (4.8), and Open Space, Park, Trails (4.5.2)
Condition:
1. The uses in these zones are subject to all other applicable requirements in Chapters 1, 2, 4, 5, 6, 7, 8,
and Appendices of the Development Regulations.
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3.10 Mixed Use Zone
PERMITTED USES
DISCRETIONARY USES
--Single detached dwelling (4.7.1)
-Bar (4.3.6)
- Semi-detached (double} {4.7.2}
-Townhouse (4. 7.5)
-Amusement establishment/ use (4.3.1)
-Apartment building (4.7.7- See Condition 2)
-Business support service (4.3.8}
-Home Business (5.3)
-Club and Lodge {4.3.11}
-Mineral Exploration {4.4.6)
-Convenience store (4.3.13)
-General Service/ repair {4.3.16}
-Medical or Dental Clinic {4.3.19}
-Personal Service {4.3.23}
-Offices {4.3.24}
-Restaurant - full service {4.3.26.2)
-Retail {4.3.27}
-Public Gathering Place - indoor (4.6.4}
-Uses set out in 3.1.5
SITE DEVELOPMENT STANDARDS
(same as Residential Traditional zone)
Standards:
I Single Dwelling I Double Dwelling I Townhouse
Minimum Standards
-
Lot area (m2 )
450
390*
350*(average)
-
Floor area (m2)
70*
80*
65*
-
Frontage (m) *
15
26
12* (average)
-
Building Line Setback (m)
6
6
8
-
Side yard Width (m)
1.5
1.5
1.5
-
Rear yard Depth (m)
9
9
9
Maximum Standards:
-
Lot Coverage(%)
33
33
33
-
Height
10
10
10
*Per unit
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DEVELOPMENT STANDARDS: MIXED USE ZONE
Apartment building
Commercial
Minimum
Lot area per unit (m2)
140
n/a
Lot Depth (m)
30
n/ a
Frontage (m)
25
20
Front yard (building line setback (m)
10
At discretion of Council (See #3
below)
Flanking yard (m)
8
4 - 6 at the discretion of Council
Side Yard (m)
3
1- 5 at the discretion of Council
Rear yard (m)
10
5
Maximum
Lot Coverage(%)
38
40
Height (m)
14
15
Conditions:
1. The uses in these zones are subject to all other applicable requirements in Chapters 1, 2, 4, 5, 6, 7, 8,
and Appendices of the Development Regulations.
2. The apartment building can be a stand-alone building or combined with commercial, with
commercial on the ground floor.
3.
Notwithstanding the standards in the Use Zone Table, Council may require the building line setbacks
(building line) of new building to complement the setbacks of existing conforming buildings on
adjoining or nearby lots on the same street and may allow buildings be permitted to abut existing
sidewalks.
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4.0
LAND USE AND DEVELOPMENT: DEFINITIONS AND
DEVELOPMENT STANDARDS
4.1
GENERAL STANDARDS APPLICABLE TO ALL SUBMISSIONS
4.1.1
Access
Definition: Access means a way used or intended to be used by vehicles, pedestrians or animals in
order to go from a street to adjacent or nearby land or to go from that land to the street (definition from
the Minister's Development Regulations).
Development Standards
1. All development shall front onto a publicly maintained road.
2. An access on a municipal road shall be located as specified by the Council.
3.
All access on a provincial highway is determined by the Department of Transportation and Works
(Note: access permits are administered by Service NL).
4. No vehicular access shall be closer than 10 m to the street line of a street intersection of a local
road, or 20 m to the street line of a street intersection in the case of a collector or arterial road.
5. The Council may require the provision of service streets to reduce the number of individual accesses
to an adjacent street.
6. Notwithstanding subsection 1, the following types of development may be allowed on lots that have
frontage onto a private road, only if they are part of a Comprehensive Development (that is,
arrangements are made for the maintenance of the road, but that the road is not maintained by a
Council at public expense):
a. commercial rental cottages;
b. seasonal commercial uses related to tourism;
c. resort developments;
d. seasonal cottage developments not intended for permanent residential use; and,
e. vacant land condominium subdivisions.
4.1.2
Archaeological Sites
If an archaeological site or artefact is discovered during development of a property, the development
shall stop and Council will consult with the Provincial Archaeology Office of the Department of Tourism,
Culture, Industry and Innovation. Development shall not proceed until the Provincial Archaeology Office
has evaluated the site or authorized the development to proceed.
The Provincial Archaeology Office recommends that all applications for development the sent to their
office for comments.
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4.1.3
Buffers and Separation Distances Between Land Uses:
Definition: Buffer means a berm, wall or opaque fence, row of trees or shrubs, hedge, fence, or
distance separation that provides a barrier between incompatible sites, uses or districts intended to
obstruct or reduce the noise, lighting glare, unsightly views or any other nuisance of one land use or
property onto another.
Standards:
1. The Council may require landscaping and screening buffers for a proposed development in order to
provide:
a. an acoustic barrier;
b. an attractive visual continuity and appearance between developments or on an individual
site;
c.
delineation of an area; and
d.
protection for the natural environment.
2. A screen or separation between different or incompatible uses, principally between residential and
non-residential uses, which will consist of either a screen of a minimum height of 1.8 m, or a buffer
of 10 m between residential and industrial, and 3 m between residential and commercial;
3. Where an industrial, commercial or public/institutional development permitted in any Use Zone
abuts a street that is used as an access into a residential area or zone, a structural barrier or fence
may be required in the flanking street side yard by Council and the structure or barrier shall be
maintained by the owner or occupier of the property to the satisfaction of Council;
Separation Between Non-Residential Uses and Residential Uses
Non-residential uses:
Buffer (m)
Mandatory (M)or Recommended ((R)
Agriculture - farm operation for livestock
600
M
Amusement establishment
45
R
Auto repair, body repair, car wash
20
R
Bar, club, lodge,
100
R
Cottage
-
At discretion of Council
Industrial - general and hazardous
100
R
Industrial - light
10
R
Kennel - > 4 dog runs
215
R
Kennel - four or fewer dog runs
100
R
Mineral working
300
M
Public institutional
3
R
Restaurant - drive through
3
R
Salvage/scrap yard
200
M
Solid waste recycling
300
R
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Separation Between Non-Residential
Uses
Separation distance in metres (m)
Mandatory (M)or Recommended {R)
Agriculture farm
45 from Centerline of Street
M
operation
Cottage
30 m from Watercourse
M
Mineral working
150 m from proposed development
M
90 m from Designated Protected Road
M
SO m from Local public roads
M
SO m Commercial, public &institutional uses
M
Salvage/scrap
100 m from Existing/future commercial areas
M
yard
25 m Public highway or street
M
50 m from Watercourse/water body
M
Solid waste
150 m from Potential development areas
R
recycling
50 m from Watercourse/ water body
M
90 m Class I and II Protected Roads
M
SO m from Class Ill and IV Protected Roads &
M
local roads
4.
Structures should not be constructed within 30 m of the edge of a cliff.
5.
Council will consider general wildlife habitat and landscape connectivity for habitat protection.
This could include:
a.
Maintaining appropriate riparian buffers, which are natural green belts along wetlands and
waterbodies (ponds, rivers, creeks etc.). Because Rusty Blackbird, a provincially designated
Vulnerable Species, has been reported to occur in the proposed Municipal Planning Area. The
Wildlife Division recommends a SOm minimum undisturbed natural vegetated green belt could
be a standard requirement when dealing with any type of land use activity; wider green belts
are suggested when bordering land uses include for example agricultural practises.
b. To maintain landscape connectivity, green belts should be connected to forested areas or other
habitat patches to create travel corridors for various wildlife species when considering
retention of vegetation on development sites during lot clearing.
c. Council should consider restricting vegetation clearing should always be done outside the May
01 to July 31 period (some raptors start breeding in March) as disturbance can be most
detrimental during that sensitive breeding/ young rearing period.
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4.1.4
Comprehensive Development
Definition: Comprehensive Development means an integrated planned development which may
involve a single use class or mix of use classes of a mix of uses that responds to a unique market
opportunity and involves special development standards not otherwise permitted in the zone.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 &2.2.4);
2.
A Comprehensive Development must have frontage on a public road and comply with use
requirements of the Zone within which it is located. Notwithstanding the requirement for serviced
development, if municipal services are not feasible to the standard required by the Town, the
provision of on-site services must meet requirement of provincial agencies, in particular, Water
Resource Management Division and Service NL;
3. Roads and services provided in a Comprehensive Development whether they are publicly or
privately owned, may be treated as if they were public roads, public services and public utilities for
the purpose of approvals by the Authority and other agencies.
4. The most common example of a Comprehensive Development is a vacant land condominium/bare
strata development consisting of a contiguous area to be planned, developed, operated, and
maintained as a single entity and containing one or more structures with common areas that belong
to them, such as a box store complex, resort, multi-unit residential. A Comprehensive Development
may be approved by Council in any zone as a development and/or subdivision on public or private
services, subject to the following requirements:
a. The development and/or subdivision shall comply with the requirements of the Municipal
Plan or any scheme adopted under it, and with the zoning for the site as it pertains to land
use, height, and have a suitable relationship to nearby land uses in respect to appearance,
traffic requirements, and demands on municipal services; and,
b.
A Development Agreement having a Comprehensive Development site plan attached thereto,
satisfactory to Council, between the owners of the land and the Town shall be registered in
the Registry of Deeds of Newfoundland and Labrador, controlling the use and development of
such land.
4.1.S
Crown Land
Definition: Crown land has the meaning as set out in the Lands Act, 1991.
Conditions:
1. The use of Crown land is subject to the Town of Appleton Municipal Plan and Development
Regulations, including zoning and permitting requirements.
2.
Approvals must be obtained from the appropriate Regional Lands Office, Government of
Newfoundland and Labrador; applications are made to the Regional Lands Office.
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3.
Crown land applications must be approved by the Council regarding the use and development .of the
land prior to approval for issuance of title by the Lands Branch of the Government of Newfoundland
and Labrador.
4.1.6
Federal and Provincial Government Requirements
Wherever possible, the requirements of the federal and provincial agencies have been incorporated into
the development standards; however, given that these change over time, applicants are responsible to
ensure that all appropriate federal and provincial permits and approvals have been secured prior to the
use and/or development of land within the planning area boundary.
4.1.7
Protected Roads
Definition: Protected Roads are provincial highways designated as 'Protected Road's in the Protected
Road Zoning Regulations, 1996 under the Urban and Rural Planning Act, 2000. They can be viewed on a
map {click on 'zoning for all highways') found at:
http://www.mae.gov.nl.ca/publications/protected roads/reglist.html?
Conditions:
1. A Development Permit is required from Service NL for development occurring along a Protected
Road within the Planning Area boundary as follows:
a. 150 m from the centerline of the provincial highway on either side - from the Planning Area
to the Municipal Area boundary; and,
b. 100 m from the centerline of the provincial highway within the Municipal Area boundary.
[Note: Service NL is responsible for referrals to the Department of Transportation and
Works regarding access to a provincial highway]
2. The Municipal Plan and Development Regulation land use policies, designations, zoning and
Development Regulations apply along Protected Roads within the Planning Area boundary.
4.1.8
Nuisance
No building or land shall be used for any purpose which may be dangerous by causing or promoting fires
or other hazards or which may emit noxious, offensive or dangerous fumes, smoke, gases, radiation,
smells, ash, dust or grit, excessive noise or vibration, or create any nuisance that has an unpleasant
effect on the senses unless its use is authorized by Council and any other authority having jurisdiction.
4.1.9
Soil Removal, Soil Deposit and Site Grading
1. For approved developments where the extraction of quarry materials is occurring or may be
expected occur, the Town will send a copy of the development permit to the Quarry Materials
Section, Mineral Lands Division, Department of Natural Resources. Note that quarry materials
include but are not limited to aggregate, fill, rock, stone, gravel, sand, clay, borrow material, topsoil,
overburden, subsoil, peat." It is important that the Department of Natural Resources have the
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documentation necessary to distinguish excavation associated with an approved development from
excavation that constitutes quarrying; possessing development permits for developments which
may involve excavation will assist greatly in making this distinction.
2. Removal or deposit of soil, topsoil, sods, or the excavation and removal of excavated material or
grading requiring a development permit must meet the following conditions:
a.
land intended for the activity or grading has a slope of less than 25%;
b. resulting slopes are stable and without hazards;
c.
when the work is completed, the area affected shall be covered with topsoil and other
necessary material for vigorous plant growth and planted with appropriate vegetation;
d. drainage must be provided to the satisfaction of Council, and will be designed so as not to
impair exist ing surface drainage nor to create erosion either on the site or on adjacent sites.
3. Restrict development in environmentally sensitive areas such as steep slopes and areas prone to
landslides and rockfall;
4.1.10
Water Body Protection
Definition: From the Water Resources Act, 2002, "body of water" means a surface or subterranean
source of fresh or salt water within the jurisdiction of the Province, whether that source usually contains
liquid or frozen water or not, and includes water above the bed of the sea that is within the jurisdiction
of the Province, a river, stream, brook, creek, watercourse, lake, pond, spring, lagoon, ravine, gully,
canal, wetland and other flowing or standing water and the land occupied by that body of water;
Conditions are set out in 4.1.10.1 and 4.1.10.2 as follows:
4.1.10.1 Flood Risk Area:
Work near or in a Body of Water Adjacent to or Within Flood Risk Area:
1. Prior to the start of construction, the proponent must apply for and obtain a permit under the
Water Resources Act, 2002, specifically Section 48
http://assembly.nl.ca/Legislation/sr/statutes/w04-01.htm for any work within any designated flood
risk area prior to the start of construction.
2. Any work within designated flood risk areas must comply with this Department's Policy for Flood
Plain Management: http:ljwww.env.gov.nl.ca/env/waterres/regulations/policies/flood plain.html
Contact: Manager, Hydrologic Modelling Section - (709) 729-2295
4.1.10.2 Watercourse or Wetland:
For development Within or Adjacent to a Watercourse or Wetland, the following applies:
1. All portions of a lot that are located within 15 m of the edge of a wetland or the top of the stream
bank of a watercourse, will be subject to the following:
a. No building or structure will be permitted, except for:
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i.
reconstruction of a building that was in existence on the date of approval of this Municipal
Plan;
ii.
an accessory building or structure to the above reconstructed building;
iii.
a passive recreational use;
iv.
wharves, boathouses, slipways and breakwaters that conform to the guidelines provided by
the Water Resources Management Division; and/or,
v.
an accessory building or other accessory use to an existing building.
vi. Ensuring conformance with requirements of the Water Resources
Management Division of the Provincial Governmen.t
2.
Where fish habitat is affected, Fisheries and Oceans Canada must be consulted;
3. Subject to the appropriate approvals and reviews, only roads, public services and utilities, trails
and accessory uses, and uses requiring direct access to a body of water may be permitted within the
30 m buffer area; and,
4. On-site sewerage disposal systems are prohibited within 30 m from a waterbody or watercourse.
4.1.11
T'Railway Provincial Park
The T'Railway Provincial Park is identified on the Land Use Zoning map (15 m on either side of the
centerline of the railbed). No development is allowed to encroach on the T'Railway Provincial Park.
However, if a road crossing is needed, the Natural Areas Division may consider an application for such a
crossing.
4.2
AGRICULTURE LAND USE CLASS
4.2.1
Commercial Agriculture:
Definition: Commercial Agriculture means of farm operation as specified in the Farm Practices
Protection Act, 2000.
Conditions:
1. No structure for a Livestock and Poultry Farm Operation shall be erected or used unless it complies
with the following conditions. (Environmental Farm Practices Guidelines for Livestock Producers in
Newfoundland and Labrador and Environmental Farm Practices Guidelines for Poultry Producers in
Newfoundland and Labrador);
2. The structure shall be at least 600 m from:
o
a residence (except a farm residence or a residence which is a nonconforming use in any
zone in which agriculture is a permitted use class in the Use Zone Schedules of these
Regulations),
o
an area designated for residential use in an approved Plan, and
o
a Provincial or Federal Park.
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3. The structure shall be at least 45 m from the boundary of the property on which it is to be erected.
4. The structure shall be at least 90 m from the center line of a street.
5. The erection of the structure shall be approved by the Land Resource Stewardship Division,
Government of Newfoundland and Labrador.
6. Manure storage must be located 100 m from the boundary of the property; Service NL must
approve all manure systems
7. No development for residential use shall be permitted within 600 m of an existing structure
designed to contain more than five animal units unless the development is first approved by the
Land Resource Stewardship Division, Government of Newfoundland and Labrador.
8. Approvals must be obtained from the Land Resource Stewardship Division, Government of
Newfoundland and Labrador for any commercial farming operation.
4.2.2
Urban Agriculture
Definition: Urban Agriculture means non-farm operation agricultural activities that are compatible
within a developed urban setting, such as some residential and mixed-use zones, and includes:
horticulture, vegetable growing, fruit growing, and the use of land as market gardens, nursery grounds,
and community gardens, and the keeping of domestic animals, such and livestock, poultry and dogs.
4.2.2.1
General Conditions:
1. Urban agricultural uses must meet the requirements for a home business (refer to Section below)
2. A permit is not required for any residential garden or home gardening that does not involve
permanent structures, on-site sales, or keeping of animals.
4.2.2.2
Community Garden
A community garden use shall be subject to the following conditions:
1. community gardens are to be maintained in a neat and tidy fashion; and
2. all disturbed areas not comprising the area of the community garden are to be reinstated with a
minimum of grass sods to the satisfaction of the Town.
4.2.2.3
Livestock and Poultry Conditions
1. With regard to urban agriculture and housing of livestock and poultry, for every 0.4 hectare (with a
minimum of 0.4 hectares), the following number of animals shall be allowed:
o
2 of these livestock species, one of: cow, bull, horse, mule, ass, swine or llama, and includes
their young;
o
6 sheep/goats;
o
12 head of poultry (excluding roosters);
o
12 rabbits;
2.
On lots smaller than 0.4 hectares, but greater than 669 m2 = 4 chickens, no roosters shall be
allowed.
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4.2.2.4
Kennel
Definition: A kennel means a building or portion thereof used for the keeping or boarding of more than
eight (8) domestic animals, excluding livestock, kept for the purposes of commercial breeding or
showing, or for personal use, with or without veterinary care, and includes an animal shelter.
Conditions:
1. appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
2. the outside perimeter of all areas related to the kennel where animals are kept shall be enclosed by
a solid fence or fence and a solid hedge at least 1.8 m in height to screen the areas from adjacent
properties;
3. the kennel must be located on a lot of 2 hectares or more;
4. all buildings related to the kennel shall contain at least 8 cm of insulation in all exterior walls and
ceiling for the purpose of soundproofing;
5. all buildings, pens and runs shall be sited not less than 15 m from any property line, and 90 m from
any residence except the kennel site; and,
6. Council shall be satisfied that the kennel shall not impact upon surrounding residential
neighborhoods.
4.3
COMMERCIAL LAND USE CLASS
This class includes land uses and development for activities providing for the sale of goods and services.
Generally, the Use Zone standards apply; however, as required, specific conditions are tailored to the
activity and associated traffic in order to address public health, safety and conservation issues and
achieve the intent of the community of the land use zone in which the activity is located.
4.3.1
Amusement Establishment/Use
Definition: Amusement Establishment/ Use means the use of land or a building or a part thereof used
by the public for indoor non-sport games, such as, billiard and pool halls, bingo hall, mechanical
amusement games (more than three game machines), video games. It does not include those on the
premises of a hotel or bar.
Conditions:
1. Must Meet Use Zone Site Development Standards;
4.3.2
Amusement Park/ Attraction
Definition: Amusement Park/ Attraction means an outdoor area where buildings or structures may be
permanently or temporarily erected for the purpose of amusement, entertainment or education of a
large number of people, including a circus, carnival, midway show, race-track, sideshow, fairgrounds, or
similar exhibition which may have mechanically or electrically operated amusement rides or games, and
theme parks.
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Conditions:
1. Required to submit a Comprehensive Development;
2. Meet Use Zone Site Development Standards;
3.
Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4.3.3
Auto Body Shop
Definition: Auto Body shop consists of a building or a clearly defined space on a lot used for the storage
and repair of motor vehicles including body repair and painting and detailing, but does not include a
service station or an automobile repair shop or an automotive sales establishment.
Conditions:
1. Must Meet Use Zone Site Development Standards;
2. Must be 20 m from a residential lot;
3. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties.
4. There shall be no outdoor storage of inoperable vehicles on the premises and no scrapping of
vehicles shall be permitted;
5. Must apply measures to minimize any noise, spray or fumes through the installation of appropriate
equipment; and all waste fluids and tires shall be disposed of in accordance with applicable
provincial regulations;
6. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties.
4.3.4
Automotive Repair Shop
Definition: An Automotive Repair Shop means a development for the servicing and repair of motor
vehicles. This definition includes but is not limited to transmission repair shops, muffler repair shops,
tire shops, automotive glass shops, auto body repair, painting and detailing, and automotive upholstery
shops, but does not include an automotive sales establishment, a service station, or salvage or wrecking
and recycling yard.
Conditions:
1. Must meet Use Zone Site Development Standards;
2.
Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
3. There shall be no outdoor storage of inoperable vehicles on the premises and no scrapping of
vehicles shall be permitted;
4.
Must apply measures to minimize any noise, spray or fumes through the installation of appropriate
equipment; and all waste fluids and tires shall be disposed of in accordance with applicable
provincial regulations;
5. A minimum buffer between residential use and vehicle repair, body repair, car wash shall not be
located closer than 20m from residential use; and,
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6.
A parking area abutting a residential lot shall be appropriately screened by a fence, wall, or hedge of
height not less than 1 m and located a minimum distance of 1 m from the edge of the parking area.
4.3.5
Automotive Sales and Service Establishment
Definition: An Automotive Sales and Service Establishment means a lot, building or structure used for
the display and sale of new or new and used motor vehicles, including trucks and mobile homes; and
may include the servicing, repair, cleaning, polishing, and lubrication of motor vehicles; the sale of
automotive accessories and related products; and the leasing or renting of motor vehicles.
Conditions:
1. The application submitted by the developer shall include the following:
-
the number and location of parking spaces,
-
ingress and egress of the parking lot,
-
motor vehicle circulation pattern around the lot,
-
location of any building on the lot,
-
area to be landscaped and screened and the type of landscaping to be used, and
-
customer parking in accordance with these regulations.
2.
The automotive sales use shall have a principal building on the lot in which the business is
conducted. The principal building will include washroom facilities and shall be connected to
municipal water and sewer services where such services exist. Where municipal water and sewer
services do not exist, the washroom facilities of the principal building shall be approved by and meet
the requirements of the Service NL.
3. The automotive sales lot shall be paved and shall provide drainage, lighting, curbs, and landscaping
in accordance with the requirements of Council;
4. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4.3.6
Bar
Definition: Bar means a development licensed for the sale of alcoholic beverages to the public, for
consumption within the premises and where entertainment and meals may be provided. Typical Uses
include dance clubs, cabarets, nightclubs, lounges, tavern, neighbourhood pubs and bars, beverage
rooms, cocktail lounges, and similar uses.
Conditions:
1. Must meet Use Zone Site Development Standards; and,
2. Must be 100 m from a residential lot; and,
3. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4.3.7
Building Supply Store
Definition: Building supply store means a building or land on which building and construction supplies
and home improvement materials are kept for sale.
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Conditions:
1.
Must meet Use Zone Site Development Standards; and,
2. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4.3.8
Business Support Service
Definition: 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, custodial or security service, and the sale, rental, repair or servicing of office equipment,
furniture and machines.
Conditions:
1. Must meet Use Zone Site Development Standards
2. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4.3.9
Campground, including RV campgrounds
Definition: Campground (including RV campgrounds) means a public or privately-operated facility
offering overnight to seasonal camping experiences for 3 or more tent sites or serviced recreational
vehicle sites, associated rental cabins, and including accessory administrative offices, convenience store,
laundry facilities, sanitary facilities, recreational hall and associated recreational uses that cater to short-
term guests, not to year-round residents and does not include industrial, work or construction camps or
permanent mobile home or mini-home parks;
Conditions:
1. A proposed campground, including trailer and Recreational Vehicle park, will require a
Comprehensive Development application (2.2.2 & 2.2.4) satisfactory to Council containing the
following information:
a.
b.
C.
d.
e.
f.
g.
h.
i.
Location and size of camp and trailer sites
Internal roads, accesses and parking areas
Accessory uses such as laundry facilities, storage areas, washrooms, showers, convenience
store, staff accommodations, and outdoor and indoor recreation facilities
Water supply and waste disposal
Landscaping
Buffers and screening between the site and other nearby land uses
Delineation of the property to be developed on a legal survey
Where deemed necessary by Council, a phasing plan for development.
On-site water and sewer services must meet minimum standards required by Council and
relevant Provincial agencies.
j.
Washroom facilities, recreational areas, parking areas, and similar facilities directly
associated with the development will not be located on separate properties.
2.
All camp sites and on-site facilities that form part of the development will be accessible only via the
internal road network of the development.
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3. The development permit will specify the maximum number of campsites for different uses such as
tents, trailers, and RVs that will be permitted on the site.
4.
No expansion or alteration of a campground, other than repairs and maintenance, will take place
without the approval of Council.
5. The operation will comply with all bylaws and Regulations of Council pertaining to noise and unruly
behaviour.
6. Where deemed necessary by Council, a deposit sufficient to cover the cost of buffers and screening
shall be deposited with Council until the work is completed in accordance with the approved plan.
4.3.10
Child Care - non-residential
Definition: Child Care-non-residential means a building or part of a building in which personal care
services are regularly provided to children for group day care, family day care, pre-school, play school,
out-of-school care, specialized day care, and emergency day care, all as licensed and regulated by the
Province of Newfoundland and Labrador, but does not include a school as defined by the Schools Act.
Conditions:
1. A Child Care Centre shall be duly licensed and approved, staffed, equipped and operated in
accordance with the requirements ofthe agencies having jurisdiction or authority;
2. The section of the street on which the use is located allows sufficient area and sight distance for the
safe and convenient drop off and pick up of children without hindering the safety and convenience
of vehicular and pedestrian traffic on the street, or the development provides adequate off-street
drop off or pick up spaces satisfactory to Council;
3. Must Meet Use Zone Site Development Standards; and,
4. The use must be compatible with nearby uses.
4.3.11
Club and Lodge
Definition: Club or Lodge means a building or structure used by a non-profit association or organization
for fraternal, social, or recreational purposes. Note that this can also be an Accessory Use (refer to sub-
Section 5.1).
Conditions:
1. Must Meet Use Zone Site Development Standards
4.3.12
Contractor, Limited (Small)
Definition: Contractor, Limited {Small) means a building or part thereof providing services for electrical,
plumbing, heating, painting and similar contractor services to individual households including accessory
sale of goods associated with this service where all materials are within an enclosed building and there
is no accessory manufacturing or fleet of vehicles consisting of more than 4 vehicles.
Conditions:
1. Must meet Use Zone Site Development Standards;
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2. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4.3.13
Convenience Store
Definition: Convenience store means a building which is used as a retail store providing a range of
household and grocery items, and may include postal services, take-out, video rental, and may be
licensed to sell alcohol, but is not a supermarket. The convenience store may also be a subsidiary use
within a primary use, such as a service station.
Conditions:
1. The store may form part of, or be attached to, a dwelling unit or be a stand-alone building;
2. The retail use shall be subsidiary to the residential character of the area and shall not affect
residential amenities or adjoining properties;
3. Adequate provision for on-site parking, loading, buffering and landscaping must be provided; and,
4. The hours of operation are appropriate to the nature of the building and surrounding
neighbourhood and the operation does not create a nuisance;
5. Must meet Use Zone Site Development Standards;
4.3.14
Custom Manufacturing Service
Definition: Custom manufacturing service (small/artisan) means a building or a portion of a building
where goods are stored, produced, assembled, or repaired to consumer specifications and sold at retail
on the premises and may include welding, sheet metal, woodworking, flooring and tile contractors, and
machine shop.
Conditions:
l. Must meet Use Zone Site Development Standards;
2. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4.3.15
Garage, Public
Definition: Garage, Public means a building or place (other than a private garage) where motor vehicles
are parked or stored for remuneration or minor repair, which does not include any automatic car
washing establishment, a motor vehicle sales establishment or an automobile service station.
Conditions:
1. Must meet Use Zone Site Development Standards;
2. Must be located 20 m from residential uses; and appropriate noise and separation measures shall be
incorporated into the development to reduce noise impact on surrounding properties;
4.3.16
General Service/Repair
Definition: General Service/Repair means an outlet for servicing, repairing, installing, or renting items
and equipment, without limiting the generality of the foregoing, includes the following examples, radio,
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television, and computer service and repair shops; locksmith shops; small appliance service or repair
shops; household and limited contractor service or repair shops; tools and equipment rental shops.
Conditions:
1. Must meet Use Zone Site Development Standards;
2. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4.3.17
Hotel or Inn
Definition: Hotel or Inn means a commercial establishment offering lodging and guest se.rvices to
travelers and sometimes to permanent residents, and may have restaurants, meeting rooms,
conference facilities, a lounge, stores, etc., that are available to the general public. In general, to be
called a hotel (not a bed and breakfast), an establishment must have a minimum of five letting rooms
accessed from within the building, at least three of which must have ensuite private bathroom facilities.
Conditions:
1. Must meet Use Zone Site Development Standards;
4.3.18
Marina
Definition: Marina means a dock or basin together with associated facilities where slips, moorings,
supplies, repairs, and other services that are typically available for boats and other watercraft, including
storage, sales and rentals, with or without a club house and catering facilities. It can also include a boat-
house or shed associated with a dock or wharf.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4);
2. Must meet Use Zone Site Development Standards;
3. Provide and maintain public access to the shoreline via a walkway, path or trail, located, designed
and constructed to the satisfaction of the Council;
4.
Parking shall be provided for both vehicles and boat trailers with adequate turning areas within the
parking lot;
5. Outdoor storage areas for boats or other equipment shall be landscaped and screened to the
requirements of the Council;
6. Marinas shall be serviced with a supply of potable water and facilities for the collection and disposal
of wastewater in a manner acceptable to the Council;
7. Wharf/Boathouse/Slipway/Breakwater structures shall follow the guidelines for the Construction
and Maintenance of Wharves, Breakwaters, Slipways and Boathouses which are available at:
http://www.env.gov. nl.ca/env /waterres/ regulations/appforms/Gu idelines_for _ Wharves.pdf
8. The Applicant must obtain a permit under of the Water Resources Act, 2002 under Section 48
(http://assembly.nl.ca/Legislation/sr/statutes/w04-01.htm) for any infilling or dredging work
associated with these structures or other works near or in any body of water prior to the start of
construction. Contact: Manager, Water Rights & Investigations Section - (709) 729-4795
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4.3.19
Medical or Dental Clinic/Office
Definition: Medical or Dental Clinic/Office means a building or part thereof used by qualified physicians,
dentists, osteopaths, counselors, or other drugless practitioners, including their staff and patients, for
the purpose of out-patient consultation, diagnosis and office treatment. A medical clinic may include
accessory uses such as waiting and treatment rooms, laboratories, dispensaries and administrative
offices. A medical clinic does not include accommodation for overnight patient care or operating room
facilities.
Conditions:
1. Must meet Use Zone Site Development Standards
4.3.20
Motel
Definition: Motel means an establishment providing accommodation for travelers or the transient
public that consists of one or more than one building containing four or more attached accommodation
units accessible from the exterior only and may or may not have facilities for serving meals.
Conditions:
1. Must meet Use Zone Site Development Standards;
4.3.21
Outdoor Commercial Patio
Definition: Outdoor Commercial patio means any outdoor area used in conjunction with any
establishment licensed under the Liquor License Act, where meals or refreshments are served to the
public for consumption on the premises.
Conditions:
1. An outdoor commercial patio shall not accommodate more than SO percent {50%) of the licensed
capacity of the restaurant with which the patio is associated, or 50 persons, whichever is the
greater.
2. No outdoor commercial patio shall be permitted in any yard facing or abutting a residential zone or
abutting a yard or lane facing or abutting a residential zone unless:
a. it is located a minimum of thirty 30 m from the residential zone; and
b. it is screened and physically separated from the residential zone by a building, structure or wall
that is at least 2 m in height so that noise from the outdoor patio is mitigated.
3. Unless otherwise determined by Council, an outdoor commercial patio shall have a minimum
setback of 1.5 m from any lot line.
4. The location of an outdoor commercial patio on a lot shall not obstruct the view or path of
pedestrian and vehicular traffic that accesses or egresses to or from a street onto or out of the lot.
5. The outdoor commercial patio must not encroach on or eliminate any required parking or loading
space, driveway or aisle for the lot on which it is located.
6. The outdoor commercial patio shall be so located on the lot as to not interfere with snow clearing
and snow operations of Council.
7. No outdoor commercial patio shall be so located above the elevation of the floor of the first storey
of the principal building where the lot adjoins a residential use zone.
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8.
Any outdoor lighting shall be directed toward or onto the outdoor commercial patio area and away
from adjoining properties and streets.
9.
No loading space shall be required for an outdoor patio restaurant.
10. No music (whether performed live or recorded), dancing or other forms of entertainment shall be
permitted.
11. Parking spaces shall be required for the gross floor area associated with the outdoor commercial
patio use at the same ratio as for restaurants.
4.3.22
Outdoor Market
Definition: Outdoor market means the sale of goods or products at an open property with no
permanent buildings; temporary facilities or open stalls may be used to hold and display the goods being
sold. Examples may include farmers markets, fish market, flea markets or other types of goods.
Conditions:
1. Must meet Use Zone Site Development Standards
2.
Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
3.
Requires sufficient off street/highway parking for customers and ensure that the sight lines (visual)
or sign distance at any intersection is not obstructed.
4.2.23
Personal Service
Definition: Personal service means a building or part of a building used for the provision of personal
services to an individual which are related to the care and appearance of the body, or the cleaning and
repair of personal effects; and where the sale of retail of goods, wares, merchandise, articles, or things is
only accessory to the provisions of such service. Examples include barbershops, hairdressers, beauty
salons, health and wellness centres/spas, tanning salons, tattoo parlours, tailors, dressmakers, shoe
repair shops, and dry-cleaning establishments and laundromats. This Use Class does not include medical
and dental clinics, and excludes any manufacturing or fabrication of goods for sale.
Conditions:
1. Must meet Use Zone Development Standards
4.2.24
Office: Professional, Financial and Associated Support Services
Definition: Office means development primarily used for the provision of professional, management,
administrative, consulting, and financial services, but does not include medical or dental clinics or
government services, but does not include medical or dental clinics. Typical Uses include: the offices of
lawyers, accountants, engineers, and architects; offices for real estate and insurance firms; clerical,
secretarial, telephone answering, and similar office support services; and banks, credit unions, loan
offices and similar financial uses.
Conditions:
1. Must meet Use Zone Site Development Standards
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4.2.25
Resort
Definition: Resort means the use of land, buildings and structures to provide sleeping accommodations,
communal or individual facilities for cooking and serving of meals for guests or a restaurant; recreation
uses, such as golfing, tennis, lawn bowling, marinas, health spa, swimming pools, angling and other
watersport activities, hunting and recreational shooting, cross-country skiing, sightseeing, camping,
hiking, indoor recreational activities and other similar uses, plus gift and craft shops and the furnishing
of equipment, supplies or services to guests in connection with any of the foregoing activities and may
include accommodation for the operator and staff.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4);
2. Must meet Use Zone Development Standards
4.3.26
Restaurants
4.3.26.1 Drive-Through and Take-Out
Definition: Restaurant drive-through and take-out means a building designed to allow drivers to remain
in their vehicles before and during an activity on the site. Food and drink are prepared then sold to the
public for immediate consumption either within an eating area inside or outside of the building or within
the patron's own motor vehicle onsite, or for elsewhere off the premises it may include a seating area
for in-house consumption and parking for in-house patrons. It is not licensed to sell alcoholic beverages.
Conditions:
A drive-through use shall be subject to the following standards:
1. A Drive-Through Restaurant shall have a stacking lane with a minimum length before the pick-up
window, as determined by Council on the level of traffic generated by the drive-through use.
2. A minimum of 6 m after the pick-up window to on-site aisle or parking area.
3. A Drive-Through Use related to a shop or bank use shall have a stacking lane with a minimum length
of 18 m from the pick-up window or automated teller machine and a minimum of 6 m after the pick-
up window or automated teller machine to the on-site aisle or parking area.
4. Drive-through stacking lanes shall be located away from adjacent residential and institutional uses
whenever possible. No drive-through stacking lane, order window, or order board shall be located
within 3 m of a lot line abutting a residential use. close proximity to residential uses.
5. A buffer consisting of a sound-proof fence and landscaping shall be provided adjacent to residential
uses. A fence, berm, and landscaping or a combination of these elements shall be used to reduce
headlight glare, order board lighting, and noise from the Drive-Through Use.
6. Drive-through stacking lanes should be separated from the parking lot and other traffic by raised
islands, be well signed to provide for ease of use and located so as to avoid crisscrossing of lanes.
7. Order boards with an intercom shall be designed to minimize noise impact on adjacent residential or
institutional uses. Council may require the applicant to undertake a Land Use Impact Assessment to
assess the proposed Drive-Through Use and mitigation measures where the Drive-Through Use is in
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8. If the use of any land, building or structure is composed of a combination of Drive-Through Use and
any one or more other uses, those uses shall not be construed as accessory to one another and all
provisions pertaining to each use shall apply.
9. Required to submit a Comprehensive Development application
10. Meet Use Zone Site Development Standards
4.3.26.2 Restaurant - Full Service
Definition: A Restaurant - Full service means a building or part of a building wherein the primary
purpose is the preparation of food for sale to the public y for consumption within the building and may
include a take-out area. It is characterized by the provision of table service, including buffet service and
may also be licensed to serve alcoholic beverages.
Conditions:
1. Must meet Use Zone Site Development Standards
2.
Refer to Outdoor Commercial Patio for standards related to outdoor areas
4.3.26.3 Restaurant - Mobile Take-Out or Street Vendor
Definition: A restaurant mobile take-out or street vendor means a mobile food preparation motorized
vehicle or non-motorized cart offering food and non-alcoholic beverages for immediate consumption
that subject to the requirements of the Municipalities Act, 1999 and the Highway Traffic Act, 1990.
Conditions:
The use of land for the parking of a vehicle or trailer for a period of time for vending purposes, including
the sale of refreshments or merchandise shall be subject to the following conditions:
1. The parking of a vehicle or trailer for vending purposes shall only be permitted as a subsidiary use on
a lot with an existing principal building.
2. The parking of a vehicle or trailer shall not be located on any required landscaped yards.
3. The parking of a vehicle or trailer shall only be permitted if the lot has a sufficient parking area to
accommodate the parking requirements of the principal building or use on the lot and the subsidiary
vehicle or trailer use with its associated parking.
4. The parking of a vehicle or trailer shall not hinder lot access or egress or create an obstruction to
vehicles entering or exiting the lot.
5. If a vehicle or trailer is used for the purpose of the preparation, cooking, and/or sale of food and/or
refreshments, the following approvals are required prior to the placement of a vehicle or trailer on
the lot:
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approval from the Regional Fire Department regarding the appliances to be used and the
required fire suppression measures, and
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approval from the Service NL regarding the storage and preparation of food and/or
refreshments.
6. A vehicle or trailer may be required to provide, or have access to, washroom facilities as determined
by Council.
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7. Council shall limit the length of the Development Permit to a maximum of one year and the permit
may be renewed on an annual basis if the applicant wishes to continue the use.
4.3.27
Retail
Definition: Retailmeans a building or part of a building used for the retail or consignment sale of goods,
wares, substances, or merchandise directly to the public within an enclosed building, including a drug
store, baker, appliance or clothing store or art studio and shop. This use class does not include the sale
of gasoline, heavy agricultural and industrial equipment, wholesale goods, automotive and recreation
vehicle sales/rentals, flea market, gas bars, greenhouses, plant nurseries and market gardens, service
stations, box store and warehouse sales. Accessory uses may include the assembly or repair of products
sold on site or public services such as postal services or pharmacy.
Conditions:
1. Must meet Use Zone Site Development Standards
4.3.28
Shopping Centres/ Retail Warehouse:
Definition: Shopping Centres/Retail Warehouse means a large single-level individual store with a
minimum of 1,000 m2 gross retail floor space normally selling goods such as Do-It-Yourself goods,
building supplies, furniture, electrical goods, carpets and gardening goods, box stores, with car parking.
Conditions:
1. Required to submit a Comprehensive Development application
2. Must meet Use Zone Site Development Standards
4.3.29
Service Station
Definition: Service Station means land or building used exclusively for the sale/installation of petroleum
products (oil or lubricant change) and may include minor repair to vehicles, cleaning and maintenance
essential to the actual operation of vehicles, and the sale of automotive accessories; but does not
include an automotive body repair shop, automotive sales establishment. Service stations are classified
as: Residential or Highway as outlined below.
Conditions that apply to both Residential and Highway Service Stations:
Minimum Standards for all Service Stations and Gas Bars, notwithstanding the development standards
of the Use Zone in which a service station or gas bar is located, a service station and/or gas bar shall be
subject to the following conditions:
1. Required to submit a Comprehensive Development application
2. All gasoline pumps shall be located on pump islands designed for such purpose, and to which
automobiles may gain access from either side, except in the case of propane, diesel, and kerosene
pumps, which may access from one side;
3. Pump islands and canopies shall be set back at least 4 m from the required landscaped front or side
yards;
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4.
Accesses shall not be less than 7 m wide and shall be clearly marked and, where a service station is
located on a corner lot, the minimum distance between an access and the intersection of street
lines at the junction shall be 10 m and the lot line between entrances shall be clearly indicated;
a. Lot Area (minimum) 900 m2
b. Lot frontage (minimum) 48 m; or 35 m along each flanking street
c.
Building Height (maximum) 1 storey
d. Building Line (minimum) 6 m
e. Building Line - Canopies (minimum) 3 m
f.
Minimum of 2 access points for access/egress.
5. Surface runoff shall be directed to an oil/water separator before being discharged into a storm
sewer or other drainage system.
6. Landscaping required along front and exterior lot lines.
4.3.29.1 Service Station - Residential
Definition: Service Station-Residential is a Service Station as defined above which may have a
convenience store, snack bar or drive-through or take-out restaurant subordinate to the main use but is
not a truck stop (as in a Service Station - Highway).
Condition:
1. All Service station requirements apply.
4.3.29.2 Service Station -Highway
Definition: Service Station - Highway is a Service Station which includes a full restaurant, convenience
store and other services for the travelling public; and may include a truck stop and services for transport
trucks.
Conditions:
1. All Service station requirements apply.
2. Provide adequate separation of areas intended primarily for trucks from areas for cars, buses,
recreational vehicles, vehicle washes, repair areas, trash enclosure areas and other traveler services
waste dumping, passive recreation and structures such as a visitor information centre.
4.3.30
Veterinarian Clinic
Definition: Veterinarian Clinic means a building, structure or parts thereof where one or more
registered veterinarian surgeons including associated staff provide examinations and surgical or medical
treatment to domestic pets, animals or livestock, and may include treatment rooms, laboratories,
dispensaries and associated office. Facilit ies for the overnight care of animals undergoing treatment may
be permitted indoors and is considered incidental to the hospital use. A kennel is not permitted in
association with a veterinarian clinic.
Conditions:
1. Must meet Use Zone Site Development Standards
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4.4
INDUSTRIAL LAND USE CLASS
4.4.1
Aquaculture Facility
Definition: Aquaculture Facility has the meaning as defined in the Aquaculture Act, 1990.
Conditions:
1. Required to submit a Comprehensive Development application
2. Must meet Use Zone Site Development Standards
3. Must meet requirements of provincial and federal agencies having jurisdiction for aquaculture
development
4.4.2
Composting Facility
Definition: Composting Facility means a processing use that converts solid waste, including plant debris,
decayed organic matter, municipal solid waste or agricultural waste, into a material to be used sold for
the purpose of fertilizing and conditioning the soil for growing produce and nursery plantings.
Conditions:
1. Must meet Use Zone Site Development Standards;
4.4.3
Contractor, General
Definition: Contractor, General means development used for the provision of building construction,
landscaping, concrete, and 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 including heavy equipment, temporary storage containers,
construction trailers, and temporary office trailers normally associated with the contractor service. Any
sales, display, office or technical support service areas shall be accessory to the principal general
contractor service only. This use class does not include professional, financial and associated support
services.
Conditions:
1. Must meet Use Zone Site Development Standards;
4.4.4
Energy Generation Facilities
Definition: Energy generation facilities means a facility const ructed for the purpose of generating
electrical energy from wind (wind turbines, windmills), solar or small hydro means.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4);
2. Must meet Use Zone Site Development Standards;
3. The following requirements shall apply to Wind, solar, and small hydro generating facilities:
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a. Energy utilities are subject to the approval of relevant provincial and federal departments,
agencies, and public utilities, including the Department of Natural Resources and Transport
Canada. The design and location of such utilities shall take into consideration their impact
on nearby land uses and persons, the environment, archaeological resources, and other
matters that Council may deem to be significant.
b. A wind, solar, or small hydro generator within a residential area will be limited to a single
unit that serves an individual property.
c.
An adequate separation distance will be maintained between wind generators and nearby
buildings and structures to prevent damage to persons and properties due to a failure of a
generator or any of its components or the shedding of ice.
d. Unless specifically exempted by Council or other relevant agencies, the design, construction
and location of an energy utility shall be certified by a professional engineer who has
consulted with the required agencies.
4.4.5
Fishery Use
Definition: Fishery use means land and buildings used for the production, processing, storage and
maintenance of fishery products or equipment including aquaculture, and shall include land and
buildings designated for the building, launching, docking or storage of a commercial fishing vessel, and
similar operations, such as a marine centre, fish processing plant.
Conditions:
1. Required to submit a Comprehensive Development application
2.
Must meet Use Zone Site Development Standards
4.4.6
Forestry
Definition: Forestry has the meaning as defined in the Forestry Act, 1990.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4), or a Forestry
Management Plan and to submit, every year, the annual operating plan;
2. Must meet Use Zone Site Development Conditions;
3.
Permits for commercial and domestic woodcutting or other forestry related activities must be
obtained from the Regional Forestry Office, Government of Newfoundland and Labrador;
4. All commercial harvesting operators must apply for a development permit and must only undertake
forestry activities as approved in the Forest Management Plan or annual operating plan.
5. Forestry includes activities such as harvesting, roadbuilding and silviculture are permitted activities.
The land Use Zoning Map of the Development Regulations indicates a forestry overlay showing an
area of 228ha of commercial core forest and a 66-ha of silviculturally treated area. Any proposed
development within the forestry overlay must be referred to the Forestry Division of the
Department of Fisheries and Land Resources.
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4.4.7
Industrial - General
Definition: Industrial General means development used principally for one or more of the following
activities:
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the processing of raw materials;
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the making, manufacturing or assembling of semi-finished or finished goods, products or
equipment;
-
the cleaning, servicing, repairing or testing of materials, goods and equipment normally
associated with industrial or commercial businesses or cleaning, servicing and repair operations
to goods and equipment associated with personal or household use, where such operations
have impacts that would make them incompatible in non-industrial zones;
-
the storage or trans-shipping of materials, goods and equipment;
-
the distribution and sale of materials, goods and equipment to institutions or industrial and
commercial businesses for their direct use or resale;
-
transport establishments, which include the use of land, buildings, structures or parts thereof,
where commercially licensed trucks, transports and buses are rented, leased, loaded or
unloaded, serviced or repaired kept for hire, stored or parked for dispatching as common
carriers or where goods are temporarily stored for further shipment. Fuel and petroleum
products may be dispensed and parts and accessories sold; or
-
the training of personnel in general industrial operations.
Examples include factories, fish processing plants, marine service centres, cold storage plants, freight
depots, concrete plant, general garage, industrial-related warehouses and welding shops, vehicle body
repair and paint shops/depots, and similar uses. This use class does not include utility services or the
preparation of food and beverages for direct sale to the public.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4);
2. Must meet Use Zone Site Development Standards
3. Minimum of 2 access points for access/egress;
4. Surface runoff shall be directed to an oil/water separator before being discharged into a storm
sewer or other drainage system;
5. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4.4.8
Industrial - Heavy And/or Hazardous
Definition: Industrial-heavy and/or hazardous means industrial uses, which, by their nature, generate
noise, fumes, odours, and are hazardous or obnoxious.
This would include manufacturing uses which are required to be registered under the Environmental
Assessment Act, such as:
o
Processing of meat, fish and poultry products
o
Feed Mills
o
Distilleries, breweries or wineries (excluding micro-breweries)
o
Manufacture of rubber products such as tires and tubes
o
Manufacture of plastic products
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o
Leather and allied products such as leather tanneries
o
Manufacture of textile products
o
Sawmills, planing mills, shingle mill products industries
o
Paper and allied products manufacturing
o
Manufacturing, refining and fabricating of metal products
o
Manufacturing of clay products, cements, and other non-metallic mineral
o
products
o
Refining of petroleum products
o
Manufacture of chemical and chemical products including industrial, agricultural, plastics and
synthetic resins, paints and varnishes, soaps and cleaning compounds
o
Other manufacturing uses including photographic films and plates, floor tiles and coated fabrics
manufacturing.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4);
2.
Must meet Use Zone Site Development Standards
4.4.9
Industrial - Light
Definition: Industrial-light means the use of any land or buildings for any general industrial use that can
be carried out without hazard or intrusion and without detriment to the amenity of the surrounding
area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or appearance.,
unsightly outdoor storage, refuse matter, or effluent Examples include recycling depot, wholesale and
warehouse uses, rental storage uses, commercial - custom service, catering services, bakeries, food
processing, light manufacturing and assembly (clothing, furniture, consumer electronics), broadcast
studio, and similar uses; but does not include a salvage/scrap yard.
Conditions:
1. Required to submit a Comprehensive Development application;
2.
Meet Use Zone Site Development Standards;
3. Light industry uses may must be conducted and wholly contained within an enclosed building and
shall not be obnoxious by reason of noise, vibration, odour, dust, smoke, unsightly outdoor storage,
refuse matter, or water carried waste. Such uses shall not involve the use of chemical processes
which result in the emission of gases, use of significant volumes of water or which generate
significant levels of truck traffic.
4.4.10
Industrial Mall
Definition: Industrial Mall means a building or a group of buildings designed, developed, owned and
managed as a unit in which separate spaces are leased or occupied by permitted industrial uses. No
more than 30 percent of the gross floor area of an industrial mall is used for accessory office or related
commercial uses.
Conditions:
1. Required to submit a Comprehensive Development application
2. Must meet Use Zone Site Development Standards
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4.4.11
Mineral Exploration
4.4.11.1
Mineral exploration (not 'development')
Definition: Mineral exploration (not 'development') means the search for mineral deposits. Mineral
exploration ranges from hobby prospecting to advanced techniques such as trenching and diamond
drilling. Mineral exploration activities may include traditional prospecting, geochemical sampling,
airborne and ground-based geophysical surveys, line cutting, test pitting, stripping of bedrock,
trenching, and diamond drilling, and may be accompanied by the creation of new (temporary) access
trails, equipment laydown areas, campsites, or, less commonly, constructed access roads.
For the purposes of municipal planning, exploration for quarry materials (e.g. sand, gravel) should be
considered a form of mineral exploration and included in the definition of mineral exploration.
The Mineral Lands Division, Mines Branch, Department of Natural Resources, administers the Mineral
Act under which mineral licences are issued and within the bounds of which mineral exploration may be
approved by the issuance of an "exploration approval". Exploration approvals are generally issued for no
longer than one year. Applications for exploration approval involving areas within a municipal planning
area and where the activities proposed may involve ground disturbance, wildlife disturbance, water
quality impairments, or foreseeable land use conflict, are referred to the municipality (in addition to
other government agencies), and terms and conditions are drafted to address any specific concerns
raised during the referral process
Conditions:
1. Exploration activity must not interfere or create a nuisance to the existing legal land users in any
zone;
2. Site disturbance must be rehabilitated to ensure environmental recovery and public health and
safety are protected;
4.4.11.2
Mineral exploration (development)
Definition:
"Mineral exploration (development)" shall be defined as the search for and sampling of
minerals or quarry materials where the activity or activities involved meet the definition of
"development" under the Urban and Rural Planning Act. "Mineral" and "quarry material" for the purpose
of interpreting the definition of mineral exploration (development) are as defined in the provincial
Mineral Act and Quarry Materials Act, 1998, respectively. Mineral exploration does not include mining or
mineral working (e.g., quarrying). Activities which meet the definition of mineral exploration
(development) are to be contrasted with mineral exploration activities that do not meet the definition of
development, examples of which typically include traditional prospecting, geochemical sampling surveys
(of rock, soil, sediment, water, or vegetation), ground-based and airborne geophysical surveys, and the
cutting of survey lines.
Conditions:
1. Must meet Use Zone Site Development Standards;
a.
Mineral exploration, which is classed as 'Development', may be permitted provided that:
b. adequate provision is made for buffering and mitigation of potential impacts on
adjacent zones; mineral exploration shall be subject to conditions that control noise,
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appearance, and other impacts that may arise, as well as the duration of the exploration
program. The precise nature of these controls will depend upon the location of the
mineral exploration in relation to built-up and environmentally sensitive areas, such as
water supply areas, watercourses, and wetlands.
c. Where there is to be ground disturbance, the developer shall provide a site restoration
surety and/or other satisfactory guarantees of site landscaping to Council.
2.
Council will not issue a permit for mineral exploration until all necessary permits and approvals
have been obtained from the Departments of Natural Resources, Government Services, and
Municipal Affairs and Environment, and any other relevant Provincial agency.
3. It complies with provincial standards.
3. Should a town have concerns about any mineral exploration activity, whether before or after the
issuance of an exploration approval from the Department of Natural Resources to conduct the work,
the Town shall contact the Mines Branch, Mineral Lands Division in order to have the concerns
addressed. Exploration for quarry materials (e.g. sand, gravel) is permitted using the same
procedure and typically involves the excavation of test pits followed by their immediate
rehabilitation.
4.4.12
Mineral Working
Definition: Mineral working shall be defined as an operation consisting of one or more of the following
activities: the digging for, excavation, and removal of quarry materials (i.e., quarrying) (may involve
blasting), the removal of quarry materials previously excavated, the removal of quarry materials
previously deposited on site, the stockpiling of quarry materials, the processing of quarry materials (e.g.,
crushing, screening, washing), the production of civil construction materials which use quarry materials
in their natural form (e.g., asphalt, concrete), the re-processing of quarry materials including from
reclaimed civil construction materials (e.g., reclaimed asphalt, concrete), the production of soil by
blending organic materials with quarry materials, or the treatment or remediation of soil. "Quarry
material" for the purpose of interpreting the definition of mineral working is as defined in the provincial
Quarry Materials Act, 1998. Mineral working does not include mining but may include mineral
exploration (development) as a secondary activity.
Conditions
1. For approved developments where the extraction of quarry materials is occurring or may be
expected occur, the Town shall send a copy of the development permit to the Mineral Lands
Division, Department of Natural Resources. Note that quarry materials include but are not limited to
aggregate, fill, rock, stone, gravel, sand, clay, borrow material, topsoil, overburden, subsoil, peat.
2.
Quarry materials produced as a by-product of an approved development may be removed from the
development site provided that royalties are paid to the Province as required by the Quarry
Materials Act, 1998. For example, site preparation to construct a building involves removing topsoil,
overburden, and possibly rock from the footprint area; these materials may be retained or re-used
on the development site (no royalties due) or removed from the site (royalties due). In order to
ensure that royalties due the Province are paid; it is necessary that the Department of Natural
Resources be made aware of approved developments where the removal of quarry materials is
taking place or may take place.
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3.
Council shall be satisfied that the mineral working areas will not create a nuisance and will not
adversely affect the amenity of the specified development or natural feature, no mineral working
shall be located closer than the minimum distances set out below to the specified development or
natural feature by implementing the following buffers:
Minimum Distance of Pit and Quarry Workings
From:
a.
Existing or proposed Residential Development
- where no blasting is involved ...... 300 m
- where blasting is involved ......... 1000 m
b. Any other developed area or area likely to be developed during the life
of the pit or quarry working ......... 150 m
Public highway or street ................. 50 m
Protected Road ................................ 90 m
Waterbody or watercourse ............ 50 m
Note: where a minimum required distance was originally observed when choosing the
location of the quarry, quarrying should not be discontinued or impeded where the buffer
is reduced to less than the required distance due to encroachment of development
towards the quarry.
4. A mineral working shall be screened in the following manner where it is visible from a public street
or highway, developed area, or area likely to be developed during the life of the use:
a. Where tree screens exist between the mineral working and adjacent public highways and
streets or other land uses (excepting forestry and agriculture), the tree screens shall be
retained in a 30 m wide strip of vegetation so that visibility of any part of the use from the
surrounding uses or streets will be prevented. The tree screens must be maintained by the
owner or occupier of the use to retain 30 m in a forested appearance. Where vegetation dies
or is removed from the 30 m strip, Council may require new trees of a minimum height of 1 m
be planted to fill in the areas affected to the satisfaction of Council or, at the discretion of
Council, condition 4(b) must be undertaken.
b. Where no tree screens exist of sufficient width and density to constitute a visual screen,
earthen berms shall be constructed to a height sufficient to prevent visibility of any part of
the mineral working from adjacent uses (excepting forestry and agriculture), or adjacent
public highways and streets. The berms shall be landscaped to Council's satisfaction.
c.
Where natural topography creates a visual screen between mineral workings and adjacent
public highways and streets or other land uses (excepting forestry and agriculture), additional
screening may not be required.
d. Where effective screening for any mineral working or associated processing or manufacturing
use cannot be installed or located as required in (a) - (c) above, Council may refuse to permit
the use or associated activity.
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e. Council may require the mineral working site or excavated areas of a pit or quarry working to
be enclosed by a fence designed and constructed to its specifications and no less than 1.8 m
in height.
f.
Effective tree screens shall be maintained around the periphery of any mineral working.
Where trees are not present to create an effective screen, Council may require the
installation of a landscaped embankment or fence.
5. Topsoil removed for mineral working shall be retained for restoration of the site.
6. No mineral working shall be conducted which causes danger or nuisance to the public.
7. No mineral working shall be permitted within the view of a designated scenic road.
8. Proposed mineral working operations will be evaluated carefully by Council in conjunction with the
Department of Natural Resources.
9. No mineral working shall unacceptably reduce the quality of water in a watercourse or waterbody.
Any access road which crosses a watercourse shall have a bridge or culvert according to the
regulations of the Department of Municipal Affairs and Environment.
10. No mineral working shall result in the excavation of land below the level of the water table nor
cause the ponding of water. However, settling ponds may be permitted with the approval of the
Department of Municipal Affairs and Environment.
11. No mineral working shall be carried out in a manner which causes the erosion of adjacent land.
12. The mineral working shall be kept clean of refuse, abandoned vehicles and equipment, and derelict
buildings.
13. Upon completion of mineral working, and when there is no intention to re-open such operations, all
buildings and machinery shall be removed from the site and the site restored so as not to constitute
a danger to the public or present an unsightly appearance.
14. No mineral working or associated drainage shall unacceptably reduce the quality of water in any
waterbody or watercourse. Any access road to a pit or quarry working which crosses a brook or
stream shall be bridged or have a culvert at the crossing, in accordance with the Regulations of the
Department of Municipal Affairs and Environment.
15. No mineral working or associated storm or sanitary drainage shall unacceptably reduce the quality
of water in any waterbody or watercourse. Any access road to a pit or quarry working which crosses
a brook or stream shall be bridged or have a culvert at the crossing, in accordance with the
Regulations of the Department of Municipal Affairs and Environment.
16. No mineral working shall be carried out in a manner so as to cause erosion of adjacent land.
17. The mineral working shall be kept clean of refuse, abandoned vehicles, and abandoned equipment
and any derelict buildings.
18. During extended periods of shutdown, access roads to a mineral working shall be ditched or barred
to the satisfaction of Council.
19. All stumps, organic material and topsoil, including the rusty coloured and iron stained layer, shall be
stripped and stockpiled at least 5 m from active quarry or stockpile areas. The owner or operator
shall ensure that the quality of the topsoil is not affected by dilution with other materials.
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20. Upon completion of the mineral working, the following work shall be carried out by the operation:
1
a. All buildings, machinery and equipment shall be removed.
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b. All pit and quarry slopes shall be graded to slopes less than 20° or to the slope
conforming to that existing prior to the mineral working.
c. Topsoil and any organic materials shall be re-spread over the entire quarried area.
d. The access road to the working shall be ditched or barred to the satisfaction of Council.
21. If the mineral working contains reserves of material sufficient to support further extraction
operations, Council may require the work described above to be carried out only in areas of the site
where extraction has depleted aggregate reserves.
22. The following conditions shall apply to a Mineral Working which is subject to a Department of
Natural Resources Quarry Permit or which is proposed for a duration of less than five years. Council
may require an applicant for a development permit under this condition to meet the stipulations set
out in condition 22 below, if Council determines that the size of the parcel or of the proposed
mineral working, or the size of the aggregate resource in the surrounding area is sufficiently large or
the duration is sufficiently long to warrant the application of condition 22.
23. An application for a development permit for the proposed Mineral Working use shall be
accompanied by a detailed sketch or sketches satisfactory to Council which shall show the location
of physical site features and extraction and processing features required by Council, including but
not limited to:
-
the general area of the location of the mineral working;
-
boundaries of the parcel to be mined (i.e. land covered by the development
application);
-
extent of the site area to be mined;
-
roads, parking and loading areas and entrance and exit to the site;
-
waterbodies within the boundaries;
-
waterbodies within 250 m radii of the boundary;
-
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channels or ponds to be removed, shifted and created; and
the location of any building or structure and equipment which will be located on the
site.
24. Upon completion of the mineral working operations on the site, the developer shall meet the
conditions set out above and any other condition(s) stated in the development permit that Council
deems necessary for restoration of the site.
25. A temporary development permit may be issued for a maximum of one year and may not be
renewed after five consecutive years. Upon expiry of the development permit Council shall inspect
the site to confirm compliance with the development permit and Development Regulations.
26. Long-term Mineral Workings: The following conditions shall apply to a Mineral Working subject to a
Department of Natural Resources Quarry Lease or of a duration of 5 years or greater.
a.
An application for a development permit shall include a Mineral Working Development Plan
satisfactory to the Council for the proposed Mineral Working use, which shall include a site
plan showing the location of physical site features and extraction and processing features
required by the Council including but not limited to:
-
boundaries of the parcel to be mined;
-
extent of site area(s) to be mined;
-
buildings and structures on the site;
-
roads, parking and loading areas and entrance and exit to the site;
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fences, berms and landscaping provided for screening;
-
waterbodies and channels to be removed, shifted and created;
-
location and expected maximum height of stockpiles of mined ores, sand and gravel;
-
location of major machinery and conveyors for receiving and processing raw ores
including machinery for sifting, washing and grading ores, and the manufacturing of
concrete and stone products;
-
the probable location of storage piles of topsoil and overburden removed from earlier
phases of mined areas and temporarily being stored for replacement under the
Reclamation plan; and
-
intended phases of mining operations to be carried out over all portions of the site.
b.
An application for a development permit shall include a Mineral Working Reclamation
Plan satisfactory to Council for the proposed mineral working use which shall explain,
illustrate and show to the satisfaction of Council a plan for restoration of the site which
includes final ground contours, slopes, depth of topsoil, and vegetation and a phasing
plan if necessary in the form of a grading and landscape plan or plans.
4.4.13
Mining
Definition: Mining shall be defined as an operation involving the extraction of a mineral for sale and for
which a mining lease is required under the provincial Mineral Act administered by the Department of
Natural Resources. "Mineral" for the purpose of interpreting the definition of mining is as defined under
the Mineral Act. Mining may include, as secondary activities, mineral exploration (development) and
mineral working. Note that under the Mineral Act dimension stone (i.e., stone used for building facades,
gravestones, etc.) is considered a mineral in Newfoundland (but a quarry material in Labrador) and
therefore extraction of dimension stone would be considered mining.
Conditions:
The following conditions shall apply to a Mining application subject to a Department of Natural
Resources regulatory and permitting requirements:
1. An application for a development permit shall include a Mineral Working Development Plan
satisfactory to the Council for the proposed Mineral Working use, which shall include a site plan
showing the location of physical site features and extraction and processing features required by the
Council including but not limited to:
a.
boundaries of the parcel to be mined;
b.
extent of site area(s) to be mined;
c.
buildings and structures on the site;
d.
roads, parking and loading areas and entrance and exit to the site;
e. fences, berms and landscaping provided for screening;
f.
waterbodies and channels to be removed, shifted and created;
g. location and expected maximum height of stockpiles of mined ores, sand and gravel;
h. location of major machinery and conveyors for receiving and processing raw ores including
machinery for sifting, washing and grading ores, and the manufacturing of concrete and
stone products;
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the probable location of storage piles of topsoil and overburden removed from earlier
phases of mined areas and temporarily being stored for replacement under the Reclamation
plan; and
j.
intended phases of mining operations to be carried out over all portions of the site.
2. An application for a development permit shall include a Mineral Working Reclamation Plan
satisfactory to Council for the proposed mineral working use which shall explain, illustrate and show
to the satisfaction of Council a plan for restoration of the site which includes final ground contours,
slopes, depth of topsoil, and vegetation and a phasing plan, if necessary, in the form of a grading
and landscape plan or plans.
4.4.14
Natural Resource-Related Uses
Definition: Natural Resource use means the use of land or buildings for the production and harvesting
or extraction of natural resources such as, agriculture, forestry, fisheries us or mineral working activities.
This could include, but not limited to, the use of land or buildings for any commercial or industrial
development directly associated with, or requiring proximity to, farm operation, fisheries, forestry or
mineral working industries; for example, processing of meat, fish and poultry products, feed mills,
sawmills, planning mills, single mill products industries, asphalt plant, gravel crushing operation sand
may include such uses as animal husbandry services, produce or grain storage/processing facilities, farm
machinery sales and service outlets, feed and seed warehouse and associated retail outlets, including a
nursery or garden centre.
Conditions:
1. May be required to submit the equivalent of a Comprehensive Development application {2.2.2 &
2.2.4) which in could consist of a Farm Business Plan for agriculture proposals, Forestry
Management and annual operating plans for forestry, a proposal for aquaculture, the detailed
quarry permit submission including operation and rehabilitation plans for mineral working activities;
and, the Environmental registration documents of each as required under the Environmental
Assessment Regulations;
2.
Must meet Use Zone Site Development Standards;
4.4.15
Salvage/Scrap Yard
Definition: Salvage/Scrap Yard means an area of land or lot including any building or structure used for
the receipt, storage, sale, re-sale and processing of waste or surplus automobile, transportation vehicles
or industrial equipment, including any parts or pieces that have been removed, but does not include a
solid waste.
Conditions:
1. Must meet Use Zone Site Development Standards
2. A scrap yard or solid waste storage or disposal site shall be screened in the following manner where
it is visible from a public street or highway, developed area, or area likely to be developed during the
life of the use:
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Where tree screens exist between the use and adjacent public highways and streets or
other land uses (excepting forestry and agriculture), the tree screens shall be retained
in a 30 m wide strip of vegetation so that visibility of any part of the use from the
surrounding uses or streets will be prevented. The tree screens must be maintained by
the owner or occupier of the use to retain 30 m in a forested appearance.
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Where vegetation dies or is removed from the 30 m strip, the Council may require new
trees of a minimum height of 1 m be planted to fill in the areas affected to the
satisfaction of the Council or, at the discretion of the Council, where no tree screens
exist of sufficient width and density to constitute a visual screen, earthen berm shall be
constructed to a height sufficient to prevent visibility of any part of the use from
adjacent uses (exception forestry and agriculture) or adjacent public highways and
streets. The berm shall be landscaped to the Council's satisfaction.
3. Unless the Council is satisfied that the salvage/scrap yard use will not create a nuisance and will not
adversely affect the amenity of the specified development or natural feature, no scrap yard or solid
waste storage or disposal site shall be located closer than the minimum distances set out below to
the specified development or natural features:
a. Existing or proposed Residential Development - 300 m
b. Any other developed area or area likely to be developed during the life of the scrap yard or
solid waste storage or disposal site- 150 m
c. Public highway or street- 50 m
d. Protected road - 90 m
e. Water body or watercourse- 50 m
4.4.16
Solid Waste Recycling site
Definition: Solid Waste Recycling Site means a waste disposal site as defined by the guidelines
established under the Environmental Protection Act, 2002, such as waste transfer stations, composting
or recycling.
Conditions:
1. Must meet Use Zone Site Development Standards;
2. A vegetated or landscaped buffer zone of at least 15 m around the perimeter of the use, in order to
minimize any potential nuisance associated with noise, dust, or odors, or any objections based on
visual aesthetics is provided;
3. There is adequate availability of utilities, including water, sewer, and electricity, to provide water for
firefighting and wash down of floors, electrical power for machinery and lighting, and for staff
amenities;
4. The volume of material to be handled and/or stored is provided and the facility designed with
sufficient capacity to handle peak material volumes;
5.
Measures to prevent storm water and runoff from contacting waste materials will be required and
all waste containers used shall be leak proof, or provide for the collection and treatment of
contaminated water and other liquids. Proper disposal of contaminated water shall be ensured;
6.
Fencing shall be provided around the perimeter of the site, with a lockable gate at any entrance
point. The type of fencing may vary with the natural site features;
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7. Containers intended to receive organic waste will be required to have lids, screens, or covers that
will prevent access by bears and other predators, rodents, and birds, or be placed inside predator-
proof enclosures;
8. Where organic wastes are involved, buildings shall be specifically designed to prevent infestation by
rats and other small mammals, and to be predator-proof.
9. If the solid waste recycling site is visible from a public street or highway or a developed area, then
the visual buffer is required to a height sufficient to prevent visibility.
4.4.17
Wind Turbine Generator (Commercial)
Definition: Wind Turbine Generator (Commercial) means a structure designed to convert wind energy
into mechanical or electrical energy. A commercial wind turbine shall include, but not be limited to,
wind turbine, generator, operations and maintenance buildings, meteorological towers, collector grids
and electrical substations. Note that a Wind Farm or Wind Park: means more than one wind turbine
generator located on a lot.
Conditions:
1. A commercial wind turbine which has a collective energy nameplate rating of one hundred (100) kW
or greater shall be connected to a transmission line and/or the local power grid.
2. All developments shall meet applicable federal and provincial regulatory requirements.
3. The development shall not create hazards or any negative impacts on neighbouring properties. In
cases where there are potential conflicts or impacts between a proposed development and
neighbouring property, Council may require the developer to ensure that adequate buffers or
screening are maintained to reduce the impacts on adjoining properties or other mitigation
measures that may be necessary to reduce the impacts.
4. The wind turbine tower shall be located to minimize visual impacts on the Town.
5. The wind turbine tower shall have a clear unobstructed fall zone that has a radius equal to or
greater than the height of the structure and is accommodated within the property bounds.
6.
The wind turbine tower shall be designed and constructed to meet design loads for operational
requirements including ice buildup. The blades shall either have de-icing capabilities or be
constructed of a material (i.e. poly carbonate composite) that resists ice buildup.
7. Access to the site shall be restricted and shall include: fencing, gate, and signage posted as to the
property owner, company name, twenty-four (24) hour emergency telephone number, and
warnings of dangers to trespassers.
8. Should the wind turbine cease operations for a period of longer than two (2) years, the wind
turbine, tower, and any related infrastructure shall be removed from the property.
4.5
PARKS AND ENVIRONMENTAL PROTECTION LAND USE CLASS
4.5.1
Environmental Protection Area
Definition: Environmental Protection Area means areas where development is restricted due to the
natural features of the site for purposes of conservation or protection of habitat, wetlands, resource
management, viewscapes or other special designations under legislation; or site unsuitability due to
erosion control, steep slopes, flood control and water supply protection.
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Conditions:
1. Must meet Use Zone Site Development Standards;
2.
Nothing in these Regulations shall prevent the designation of environmental protection areas in any
zone.
3. Council will not permit development vulnerable to flooding in areas known to be subject to local
flooding.
4.5.2
Open Space, Park and Trails
Definition: 'Opens Space, Parks and Trails' means a generally undeveloped space or environmentally
sensitive area maintained for the preservation of wildlife and the environment where the quality of the
environment and naturalness of an area is the focus of the recreational experience; activities and
development are limited to trails, picnic areas, playgrounds.
Conditions:
1. Must meet Use Zone Site Development Standards;
2.
Nothing in these Regulations shall prevent the designation of parks and playgrounds in any zones
provided that such parks and playgrounds are not located in areas which may be hazardous to their
use and are not operated for commercial purposes.
3.
Parks and playgrounds may be located on backland but shall have at least one 5 m wide vehicular
access directly onto a public street.
4.6
PUBLIC/INSTITUTIONAL
4.6.1
Cemetery
Definition: Cemetery means a facility or land area reserved and dedicated to the burial of the dead and
includes a columbarium, mausoleum, mortuary and related maintenance facility. A discretionary
accessory use might include a crematorium (a facility containing a certified furnace or similar device
intended for use in the incineration of human or animal corpses) subject to conditions.
Conditions:
1. A landscape plan shall be submitted as part of the Development Application. The landscape plan
shall illustrate areas of landscaping in relation to the burial plots and shall identify the location and
types of plant species that are to be planted.
2. A minimum 6 m wide buffer shall be maintained between any lot line of the cemetery and areas
designated for burial purposes and, within this buffer, trees and shrubs are to be planted to provide
a landscaped screen between the cemetery uses and abutting properties.
3.
A fence shall be constructed and erected along all lines of the cemetery
4.
A cemetery use shall receive the approval of the Provincial Departments of Health and Community
Services and Municipal Affairs and Environment and shall be developed in accordance with the
conditions of these Departments.
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4.6.2
Institutional Use
Definition: Institutional use means the use of land or buildings for public purposes, whether publicly or
privately funded, where people may gather in larger numbers to access a regional or a municipal-wide
or regional service, including but not limited to:
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Hospitals;
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Government Offices;
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Educational Facilities;
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Convention Centres or major cultural centres, such as provincial Arts and Culture Centres;
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Recreation Complex, such as an arena, multi-use sports and entertainment centres, roller rinks,
swimming pools; and,
-
Personal Care Facilities (larger than residential home), such as nursing or senior's homes, family
and group care centres.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4)
2. Must meet Use Zone Site Development Standards
4.6.2.1
Personal Care Facilities, Nursing Homes, and Family and Group Care centres/Care Centres
(non-residential)
Subject to the following Conditions:
1. The development will be treated as a single comprehensive site plan as set out in Part II of these
Regulations, except that the minimum dwelling floor areas, building line setbacks and yards shall be
as determined by Council.
2. The development shall be tailored to the needs of the persons occupying the development in
accordance with their condition.
3. The overall design of the development - including road layout, landscaping, building design and
location, parking areas, and so forth - will be attractive and compatible with other uses in the
vicinity.
4. A single management authority shall be responsible for the maintenance of properties within the
development.
5. Building types can be as necessary to serve the purposes of the development, including a variety of
dwelling types, care facilities, and communal facilities such as storage rooms, hobby rooms,
workshops, and garages.
6. Adequate noise separation shall be maintained between the use and adjoining dwelling units in an
apartment building,
7. Adequate noise separation shall be maintained between the use and adjoining commercial uses,
8. A fire exit for the exclusive use of the facility use shall be provided,
9. A separate entrance for the exclusive use of the facility use shall be provided unless the entrance to
the use from a common lobby or foyer is immediately adjacent to such lobby or foyer,
10. Parking as required in these Regulations shall be provided and reserved for the exclusive use of the
facility use and identified as such on the parking lot,
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11. A minimum of 5 m2 of net floor space per person shall be provided for use by the facility users, this
aggregate floor space shall be utilized for the purpose of group amenity areas and individual rest
areas;
4.6.3
Protective and Emergency Services
Definition: Protective and Emergency Services means a development which is required for the public
protection of persons and property from injury, harm or damage together with the incidental storage of
equipment and vehicles, which is necessary for the local distribution of utility services. Typical uses
include police stations, fire stations and ancillary training facilities.
Conditions:
1. Must meet Use Zone Site Development Conditions;
2. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties.
4.6.4
Public Gathering Places -Indoor
Definition: Public Gathering Places-indoor means a building or part thereof designed and equipped to
be used for public gatherings for entertainment, religious (place of worship), cultural, civic, educational,
charitable, philanthropic or social purposes and may include a movie theatre, playhouse, museum, art
gallery, place of worship, funeral homes, community or cultural centre, library. These are smaller than
the regional Institutional uses like a hospital or college campus, as the patrons generally are not such a
broad segment of society and therefore does not create the same level of activity in terms on onsite use
and traffic.
Conditions:
1. Required to submit a Comprehensive Development application
2. Must meet Use Zone Site Development Standards;
3. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4.6.4.1
Place of Worship
Where permitted as a discretionary use, a place of worship and an educational use shall conform to the
frontage, building line setback, side yard, rear yard, lot coverage and height requirement specified for a
single detached dwelling.
4.6.S
Public Gathering - Outdoor
Definition: Public gathering -outdoor means an open-air assembly use requiring the minimum of
permanent facilities, in the form of or similar to an outdoor worship service, and informal outdoor
recreation, such as a picnic or barbecue area, playground and walking or jogging trails; but does not
include a sport and recreation facilities or a recreation complex.
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Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4);
2. Must meet Use Zone Site Development Standards;
3. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4. The use shall not negatively impact upon the main or primary use of the property and its associated
activities such that the combined uses create a public safety or health concern or inconvenience.
5. The use shall not be permitted in close proximity to a residential area where, in the opinion of
Council, the use or its associated activities will create a nuisance, such as the generation offumes,
noise, vibration, litter, and lighting, affecting the nearby residential area.
6. Where it is determined by Council, for public safety and convenience, that fencing is required; the
area of the use shall be fenced in accordance with the requirements of Council;
7. Where it is determined by Council that washroom facilities are required, the use shall be required to
provide washroom facilities in accordance with the requirements of the Service NL and Council;
8. Where it is determined by Council, a security deposit will be required to be submitted to the Town
for the cleanup of the site and surrounding area of litter and debris which is generated by the
activities or the use. The security deposit shall be returned upon the site and surrounding
properties being left in a clean state that is satisfactory to Council.
4.6.6
Sports and Recreation Facilities
Definition: Sport and Recreation Facilities means land and a building, structure or part thereof, not part
of a large institutional building, designed and equipped to be used for athletic and leisure activities, and
may include a health and fitness centre, bowling alley, curling rink; tennis, squash, handball and
badminton courts; sports fields, outdoor tennis courts, unenclosed ice surfaces or rinks, athletic fields,
boating facilities and Informal outdoor recreation, such as a cycle/walking/jogging track, picnic or
barbecue area, playground and walking or jogging track; but does not include a recreation complex.
Conditions:
1. Must meet Use Zone Site Development Standards;
2. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
3. Their environmental impact within the site can be contained and minimized;
4. The activity is not unduly detrimental to the wider amenity of the area; and,
5. The activity does not have a detrimental effect on neighbouring land uses or amenities.
4.7
RESIDENTIAL LAND USE CLASS
4.7.1
General Conditions
1. The front wall of a dwelling shall face the street on which it is located and shall have a civic number
easily visible for fire and emergency services (see 6.1.2).
2. All residential structures shall front onto a publicly maintained road. (refer to Provision 4.1.1 for
additional details).
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3. Residential Stairwells and Stairwell Enclosure-Exterior
a. An open stairwell enclosure shall not be permitted in a side yard unless the stairwell meets
the minimum side yard setback requirement.
b. In the case of an existing side yard stairwell, Council shall permit the enclosure of the
stairwell subject to the following requirements:
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the enclosed stairwell is no closer than 1.2 m to the side lot line,
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the enclosed stairwell is not located within a utility easement, and
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the stairwell does not direct water onto the abutting property.
c.
An enclosed stairwell may be permitted closer than 1.2 m to the side lot line subject to the
following requirements:
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the stairwell is not located within a utility easement; and
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the abutting property owner provides a certified copy of an easement agreement
(registered at the Registry of Deeds) to allow access to perform maintenance on the
structure.
4. Residential Decks (Patios), Balconies, and Verandas Patios
A patio which is a paved area situated directly on the ground, which can either be attached or
detached from a house, shall meet the following development standards:
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minimum front yard setback: 6 m provided the patio does not encroach upon or reduce the
number of off-street parking spaces required for the residential use;
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minimum side yard: 1.2 m;
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minimum rear yard depth: 1.2 m;
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maximum height: at ground level or up to a maximum of 0.6 m above ground level;
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if a roof is constructed as part of the patio or deck, or the patio or deck and the roof are
attached to the building, the patio or deck will be considered an extension to the building;
the roof will be complimentary to the dwelling to which it is attached and will be designed
in a manner that is sensitive to surrounding properties; and the maximum height of the roof
over the patio or deck shall be 3.1 m; and,
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Council may permit at its discretion permit the erection of a patio in the minor side
yard that is bordering onto a flanking street with an adjacent Town owned Open Space
intended for snow storage purpose.
A deck, which is an open outdoor parch or platform without a roof that extends from a house,
shall meet the following development standards:
-
a deck is not permitted in a front yard;
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minimum side yard: 1.2 m;
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minimum rear yard depth: 6 m unless otherwise determined by Council; maximum height:
greater than 0.6 m above the established grade and up to but not higher than the first
storey of the dwelling; and,
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if a roof is constructed as part of the patio or deck, or the patio or deck and the roof are
attached to the building, the patio or deck will be considered an extension to the building;
the roof will be complimentary to the dwelling to which it is attached and will be designed
in a manner that is sensitive to surrounding properties; and the maximum height of the roof
over the patio or deck shall be 3.1 m.
A balcony shall meet the following development standards:
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a balcony is not permitted within the building line setback;
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minimum side yard width: 2 m;
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minimum rear yard depth: 6 m; and
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a balcony shall not extend beyond a maximum projection of 2 m into any yard.
A veranda shall meet the following development standards:
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minimum side yard width:2 m; and
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a veranda shall not extend beyond a maximum projection of 1.5 m into any yard.
5. Residential Wheelchair Ramp Wheelchair Ramps
a.
A wheelchair ramp must be built to the Building Code of Canada standards (Section 3.8.3.4);
b. Minimum side yard setback: 0.3 m unless the ramp is being built adjacent to a boundary that
abuts an open space Town-owned property where the side yard setback is Om;
c. Every effort must be made to construct a wheelchair ramp such that it runs adjacent to the
dwelling that it provides access to, rather than extend at an angle away from the dwelling face.
d. At its discretion, Council may, after consulting with abutting property owners, permit an access
ramp for a wheel chair to be erected outside the minimum setback of the front yard, side yard,
or rear yard of a lot if:
e. There is no alternative means to provide the access ramp, and
f.
The ramp does not create a safety hazard or block sight lines.
g. An access ramp or open deck is not deemed to be part of the building when calculating lot
coverage for the purposes of the Use Zone Table.
h.
At its discretion, in order to accommodate the mobility needs of disabled and elderly persons,
Council may require higher or special standards or provisions in the design and construction of
streets, sidewalks, parking areas, building entrances, building internal spaces, parks, trails,
playgrounds, recreational sites and facilities, and public spaces.
6. Minor Front Yard Projections on a Residential Lot
a. No portion of a dwelling shall project into the minimum building line setback except for the
following circumstances and in accordance with the following provisions. The following
projections shall be permitted:
a.
chimney breast, eaves, sills or cornices not projecting more than 1 m into a required
front yard depth;
b.
unenclosed steps with or without a landing;
c.
an unenclosed or enclosed porch that projects no more than 2 m into the required front
yard depth or beyond the established building line for the lot;
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d. a patio or veranda in accordance with the conditions as outlined in the specific Use
Zone; and
e. wheelchair ramps or other accessibility devises as approved by Council.
b. The projection does not encroach upon or reduce the minimum amount of parking required for
the lot;
c.
The projection does not encroach upon or create an obstruction in the sight triangle for corner
lots; and,
d.
Council may permit the projection to exceed beyond 2 m into the building line setback if it is the
view of Council that the projection does not negatively impact the sight lines or streetscape of
the residential street, does not create obstructed views for adjacent or nearby residential
properties, and the projection is architecturally and aesthetically compatible with the dwelling
to which it is attached.
e. The projection does not encroach upon or reduce the minimum amount of parking required for
the lot;
f.
The projection does not encroach upon or create an obstruction in the sight triangle for corner
lots;
4.7.2
Residential Dwellings
4.7.2.1
Residential Dwellings - Single Detached
Definition: Residential Dwelling single -means a detached single dwelling containing one main dwelling
unit which has a private entrance, and which is not attached to another dwelling; and, does not include
mobile homes or recreational vehicles, but does include mini-homes; but it may contain a subsidiary
apartment (see 5.2.1)
Conditions:
Must meet Use Zone Site Development Standards
4.7.2.2
Residential Dwelling- Double
Definition: Residential Dwelling- Double means a semi-detached double dwelling containing two
dwelling units, where each dwelling unit has a private entrance as compared to apartment buildings
with a common entrance, where the units can be placed one above the other, or side by side, but does
not include a single detached dwelling containing a subsidiary apartment.
Conditions:
Must meet Use Zone Site Development Standards.
4.7.3
Townhouses
Definition: Townhouse means three or more dwelling units at ground level in one building, each unit
separated vertically from the others, each of which must have an independent entrance to a front and
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rear yard immediately abutting the front and rear walls of the unit, and each of which may be located on
a separate lot.
Conditions:
1. Must meet Use Zone Site Development Standards;
2. Only allow 5 (five) townhouses in one Townhouse house development.
4.7.4
Mini-Home and Mobile Homes
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Mini-Home
Definition: Mini-Home means a sectional prefabricated dwelling designed for transportation after
fabrication to a site, typically transported by means offlat-bed trucks, and coupled together
mechanically and electrically to form a single structure situated on a concrete foundation, either a full
basement or crawlspace, but does not include a mobile home. Mini homes do not have axles or a
chassis.
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Mobile Home
Definition: Mobile home means a transportable factory-built single detached family dwelling unit:(a)
which complies with space standards substantially equal to those laid down in the Canadian Code for
Residential Construction and is in accordance with the construction standards laid down and all other
applicable provincial and;(b) which is designed to be transported on its own wheels and chassis to a
mobile home lot, and subsequently supported on its own wheels, jacks, posts or piers, or on a
permanent foundation and connected to exterior public utilities , in order to be suitable for year round
term occupancy
-
Mobile Home or Mini Home Park: means a development under single or joint ownership, cared
for and controlled by an operator where individual mobile or mini home lots are rented or
leased with or without units placed on them and where ownership and responsibility for the
maintenance and development of site facilities including underground services, access roads,
communal areas, snow clearing and garbage collection, or any of the, are the responsibility of
park management. It does not travel trailer park, campground or group dwellings.
-
Mobile Home or Mini-Home Subdivision: means a development requiring the subdivision of
land whether in single or joint ownership into two or more pieces or parcels of land for the
purpose of mobile home or mini-home lots and where the maintenance of streets and services
is the responsibility of a municipality or public authority. A mobile home may not be located
within a mini home subdivision; however, a mini home may be located within a mobile home
subdivision
Conditions:
1. A mobile home must be located within a mobile home subdivision;
2. Mini-home may be located outside a mini-home park or subdivision provided that the design is
compatible with housing design of existing home in the neighbourhood;
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3.
A mobile/mini home subdivision/park is required to submit a Comprehensive Development
application (2.2.2 & 2.2.4);
4.7.S
Apartment Building
Definition: Apartment Building means a building containing three or more dwelling units which have a
shared entrance and hallway, but does not include a row dwelling or a subsidiary apartment.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4);
2. Must meet Use Zone Site Development Standards;
3.
Commercial uses may be permitted in multiple-unit apartment buildings where:
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The proposed use is located on the ground floor of the apartment building;
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The commercial use will serve local needs of the residents and surrounding neighbourhood; and,
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The use will not detract from the residential character of the neighbourhood by virtue of generating
excessive noise or traffic.
4.7.6
Cottage or Cabin
Definition: Cottage or Cabin means a dwelling unit designed or intended for seasonal or recreational
use and is not intended for use as permanent living quarters, and does not include a vehicle as defined
under the Highway Traffic Act, 1990.
Conditions:
1. Must meet Use Zone Site Development Standards;
2.
Must meet building requirements under these Development Regulations, including the National
Building Code, etc.
3.
Remote or accessible (recreational) cottages will not be eligible for municipal services if such service
would be a burden to taxpayers;
4. A home in a residential area, used as a seasonal residence, must be maintained to the standard of
the neighbourhood as a full-time residence;
5. Recreational cottages with road access (usually a resource road) allocated on Crown land should
preferably be located within a designated cottage development area by the Lands Branch,
Government of Newfoundland and Labrador.
6.
Recreational cottages shall not have private access onto Class 1, 2 and 3 Protected Roads unless
they are located within a designated cottage development area by the Lands Branch, Government of
Newfoundland and Labrador.
4.7.7
Group Care centre
Definition: A Group Care centre is a single detached dwelling used for children or young people who
cannot live with their families, people with chronic disabilities who may be adults or seniors, or people
with dementia. Typically, there are no more than six residents and there is at least one trained caregiver
there 24 hours a day.
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Conditions:
1. Must meet Use Zone Site Development Standards;
2. A personal care or Group Care centre is permitted in a dwelling unit that is adequate in size to
accommodate the number of persons living in the group, inclusive of staff.
3. The use and appearance of the dwelling shall not materially differ from, or adversely affect, the
amenities of adjacent dwellings or the neighbourhood.
4. Council may require special access and safety features to be provided for the occupants before
occupancy is permitted.
4.8
UTILITIES
4.8.1
Communications
Definition: Communications means a television, radio, cell phone, or transmission tower or antenna, as
well other communications transmitting or receiving building or infrastructure and includes wireless
communications facilities, such as, infrastructure regulated by the federal government that enables
wireless communications including broadcast antennas, cellular phone towers including private antenna
systems for ham radio and citizen band radio, mounted on the ground or on another structure such as a
rooftop.
Conditions:
Council may, within any zone, permit land or a building to be used in conjunction with
telecommunications structures or antennas subject to the following standards:
1. must meet Industry Canada standards;
2.
where it is deemed feasible, a new telecommunications structure or antenna will share existing
telecommunications structure or antenna infrastructure or will modify or replace an existing
telecommunications structure or antenna to accommodate the new and existing
telecommunications structure or antenna provided the changes to the existing telecommunications
structure or antenna do not detract from the appearance and character of the surrounding
properties;
3. the colour, location, and design of a new telecommunications structure or antenna will not detract
from the appearance and character of the surrounding properties and do not negatively impact
aesthetically on adjacent lands and uses; and,
4. the site or the building on which the telecommunications structure or antenna is erected or situated
shall be landscaped or treated in such a manner to minimize the visual impact on the surrounding
area.
4.8.2
Easement
Definition: Easement means the right to use land, most commonly for access to other property, or as a
right-of-way for utility service.
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Conditions:
No permanent building shall be constructed over any known easement, whether that easement has
been assigned to the Town, a department of the provincial or federal government, or any utility
company (i.e.: Newfoundland Power, telephone, cable television, Crown Land). Permanent buildings
include, but are not limited to, all dwellings and accessory buildings.
4.8.3
Utilities
Definition: means a development that comprises a system or works, including municipal services, used
to provide one or more of the following for public consumption, benefit, convenience or use:
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water;
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sewage disposal;
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drainage;
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fuel;
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electric power;
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waste management;
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street lighting;
- telecommunications,
and includes minor buildings and the thing that is provided for public consumption, benefit, convenience
or use but does not include a water treatment plant, sewage treatment plant, solid waste landfill, or
power plant (including energy generating facilities in 4.4.4).
Conditions:
1. Must meet Use Zone Site Development Standards;
2. No adverse effect on adjacent land uses is created.
3. The size and appearance of such works must be in keeping with adjacent uses; and,
4. Provision shall be made for buffering in the form of landscaped areas between uses;
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5.0
ACCESSORY USES AND ACCESSORY BUILDINGS, AND HOME
BUSINESSES
5.1
ACCESSORY USES
5.1.1
General Accessory Uses
Definition: Accessory Use, as defined in the Minister's Development Regulations (Appendix 2), means a
use that is subsidiary to a permitted or discretionary use and that is customarily expected to occur with
the permitted or discretionary use .. .';
Examples of accessory or subsidiary uses and buildings to a primary use include, but are not limited to,
the following:
1. facilities for the serving of food and alcoholic beverages in an arena or other public gathering place,
adult day care, senior's residence, marina, or hotel;
2. childcare, catering, convenience and take-out food service maybe permitted as an accessory use to a
recreational facility, provided that they are contained within the building envelope of the
recreational building;
3. a gift or souvenir shop in a museum, hotel or other public institutional establishment;
4. an office, convenience store, or small catering establishment in a campground;
5.
a dock, wharf, slip or stage associated with a permitted use; exception includes a storage building
and workshop only if it does not detract from the nature of the neighbourhood;
6.
a subsidiary apartment which is a separate dwelling unit constructed within and subsidiary to a self-
contained dwelling or commercial building;
7.
a home business;
8.
a satellite dish or similar device attached to a building;
9.
a wind generator, solar panel, radio antenna, or similar device;
General Condition for all accessory uses:
1. Must conform to Use Zone Table in which the primary permitted use is located;
5.1.2
Subsidiary Apartments
Definition: Subsidiary apartment means a separate dwelling unit constructed within, or attached to, and
is subsidiary to a single detached dwelling.
Conditions:
1. One subsidiary apartment may be permitted in a single detached dwelling and shall be contained
within the same building as the single detached residential dwelling.
2. Council may consider a subsidiary apartment for seniors as a granny suite built as an attachment to
the main floor of the principal single detached residential dwelling.
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3. For the purpose of calculating lot area and yard requirements, the subsidiary apartment shall be
considered part of the single detached residential dwelling.
4. A minimum of two off street parking spaces shall be required.
5. The minimum floor area required is 40 m2for a one-bedroom subsidiary apartment, plus 10 m2 for
each additional bedroom.
6. The apartment is completely self-contained, with facilities for cooking, sleeping, and bathing.
7. The apartment shall not alter the appearance of the structure as a single detached residential
dwelling;
8. Shall have a separate entrance/ egress to the outside;
9. The apartment is completely self-contained, with facilities for cooking, sleeping, and bathing.
10. For lots without municipal water, Service NL shall determine water and sewerage disposal
requirements and a permit will be issued subject to its approval.
5.1.3
Satellite Dish
Satellite Dish - Residential
Notwithstanding the requirements of the Use Zone Tables, a satellite dish associated with a residential
use shall be permitted subject to the following conditions:
1. a satellite dish which is attached to or forms part of a dwelling shall not exceed a diameter of 1.25
m;
Satellite Dish -Commercial
A satellite dish associated with a commercial use shall be permitted to the following conditions:
1. unless otherwise determined by Council, there shall be one satellite dish per lot;
2. the satellite dish does not obstruct views from other properties or passing vehicular traffic.
3. the satellite dish is anchored to the building or site to withstand the appropriate wind loads;
4. the satellite dish design, structure and colour are complimentary and sensitive to both the
development to which it is attached or situated and the immediate surrounding properties. In cases
where Council deems it appropriate, a satellite dish will be required to be screened or landscaped in
accordance with Council's requirements. the satellite dish shall not be located in the front yard or
flanking side yard of a lot, unless the area surrounding the satellite dish is screened from public view
by an adequate natural buffer.
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5.2
ACCESSORY BUILDINGS
5.2.1
Accessory Buildings - General
Definition: Accessory Building as defined in the Minister's Development Regulations (Appendix 2),
includes:
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a residence only associated with a resource use, such as a farm house on an agriculture farm
operation;
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a detached subordinate building not used as a dwelling, located on the same lot as the main
building to which it is an accessory and which has a use that is customarily incidental or
complementary to the main use of the building or land,
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for residential uses, domestic garages, carports, ramps, sheds, swimming pools, greenhouses,
cold frames, fuel sheds, vegetables storage cellars, shelters for domestic pets or radio and
television antennae,
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for commercial uses, workshops or garages, office or storage building, and
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for industrial uses, garages, offices, workshop or storage building, raised ramps and docks;
General Conditions:
1. Accessory buildings are permitted in each use class provided the buildings are clearly incidental and
complimentary to the main buildings' character, size and use.
2. Accessory buildings shall not be used for human habitation.
3. The side yard requirements set out in the Use Zone Tables shall apply to accessory buildings
wherever they are located on the lot but accessory buildings on two (2) adjoining properties may be
built to property boundaries provided they shall be of fire-resistant construction and have a
common firewall.
4. Quonset style/steel accessory buildings may be permitted within the Resource Use Zone.
5.2.2
Accessory Buildings - Residential Use Classes
Conditions
1. Accessory buildings shall not be located:
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within 1.2 m from any property boundary and 2.4 m from any building;
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within any easement area;
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in front of the building line on the street which the building has its legal civic address.
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An accessory building on a corner lot may be located in front of the building line on the flanking yard
provided the location does not impede visibility on the flanking street, and the accessory building is
set back a minimum of 6 m from the flanking street.
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Exception: Council may, at its discretion, allow an accessory building with a floor area less than 90
m2 to be located in front of the building line provided that:
i.
ii.
A public notice has been advertised in accordance with the requirements for Variances;
The accessory building shall be setback a minimum of 15 m from the front property line;
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iii.
The slope of the lot and/or natural screening effectively blocks the view of the building from
the street and adjoining properties. The placement of the building must not negatively
affect neighbouring properties; and,
iv.
A site plan is submitted showing all buildings on the lot including the proposed accessory
building.
2. Accessory buildings shall not be used for commercial or industrial uses on a residential property,
regardless of the use zone in which it is located, unless Council has issued a permit for such use;
3. No truck, bus, semi-trailer, freight container, or other vehicle body shall be used as an accessory
building;
4. The lot coverage of all accessory buildings on the lot will not exceed 10 percent of the area of the
lot;
5.
Except for minor maintenance, no accessory building will be used for the repairing, painting,
dismantling, or scrapping of vehicles or machinery;
6. An accessory building may be used for a home business as outlined in home business section.
7. Exterior Cladding: With the exception of greenhouses, the exterior cladding of the accessory
building shall match or coordinate with the exterior siding of the main dwelling on the lot and shall
be residential in character.
8. Discretionary Decisions of Council -In making discretionary decisions with respect to accessory
buildings, Council shall consider:
a. The location of the accessory building on the lot;
b.
The size of the accessory building compared to the dwelling on the lot and the size of
structures on neighbouring properties;
c. Visibility of the structure from neighbouring properties and/or street;
d. If the accessory building will block a view and/or light from adjoining properties;
e. The use of the accessory building;
f.
Site conditions, such as topography and the presence of wetlands; and
g. Any other on-site conditions that may warrant Council's considerations.
5.2.2.1
Residential Swimming Pool
Subject to the following requirements, the swimming pool shall:
1. be located in the rear yard of a residential property;
2. not encroach upon any easement;
3. not be located under any overhead power line;
4. have a minimum setback of 2 m from any property boundary; and
5.
have an area surrounding a swimming pool and pool deck shall be fully fenced to prevent people,
especially children, from unauthorized access to the pool area.
5.2.3
General:
Accessory Buildings - Non-Residential
An accessory building associated with a non-residential use shall be permitted, subject to the following
requirements:
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1. an accessory building shall be located on the lot so that it has no undesirable impact on the private
enjoyment of adjoining residential lots;
2. the use of an accessory building shall be directly related to the principal use or building on the lot;
3. the maximum floor area of an accessory building shall be SO m2 or seven percent (7%) of the lot
coverage, whichever is lesser;
4. an accessory building shall not be erected or placed upon any easements; (e) an accessory building
shall maintain a minimum side yard and rear yard of 1 m;
5. an accessory building shall maintain a minimum separation distance of 2 m from the main building;
6. with the exception of radio and television antennae, an accessory building shall have a maximum
height of 3.5 m;
7. radio and television antennae shall have a maximum height of 15 m;
8. the exterior siding of an accessory building shall match or be complimentary to the exterior siding of
the principal building on the lot.
Specific Accessory Buildings
Trailer:
The use of a trailer as an accessory building shall be permitted within the Industrial Park Zone, subject to
the trailer meeting the following conditions:
1. the use of the trailer shall be restricted to storage purposes only;
2. the trailer shall not be used for human habitation;
3. the trailer shall be located in the rear yard of the lot so that it is not visible from the street;
4. the trailer shall not be permitted to be located in a rear yard which abuts a residential or Open
Space, Park and Trails Zone;
5. the trailer shall be placed and anchored on the site in accordance with the requirements of Council;
6. the trailer shall be kept in a good condition aesthetically and structurally; and
7. if, in the opinion of Council, the appearance and structural soundness of the trailer is unacceptable,
the trailer will be required to be removed from the site immediately.
Wharf /Boathouse/Slipway /Breakwater:
Subject to the following conditions:
1. Must meet Use Zone Site Development Conditions;
2. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
3. Wharf/Boathouse/Slipway/Breakwater structures for both commercial or residential or cottage use
shall follow the guidelines for the Construction and Maintenance of Wharves, Breakwaters, Slipways
and Boathouses which are available at:
http://www.env.gov. nl.ca/ env /waterres/regu lations/a ppforms/Gu idelines _for_ Wharves. pdf,
The Applicant must obtain a permit under of the Water Resources Act, 2002 under Section 48
(http://assembly.nl.ca/Legislation/sr/statutes/w04-0l.htm) for any infilling or dredging work
associated with these structures or other works near or in any body of water prior to the start of
construction. Contact: Manager, Water Rights & Investigations Section - (709) 729-4795
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5.3
Home Business in the Residential Land Use Class
Accessory uses in residential areas are primarily those subsidiary activities occurring in homes; these are
most commonly referred to as 'home businesses' and are sufficiently prevalent to require specific
standards to ensure that the intent of each residential zone can be protected for the enjoyment of its
residents.
5.3.1
General Home Business
Definition: General Home Business means a subsidiary use of a dwelling or associated accessory building
for commercial use involving the provision or sale of goods and/or services without detracting from the
residential character of the neighbourhood in terms of traffic, or any other nuisance. Examples may
include:
1. Professions, such as an accountant, architect, auditor, engineer, realtor, insurance agent, planner,
lawyer;
2. Personal service such as a hairdressing, photographer, pet groomer, caterer's establishment, Shoe
repair, dressmaking, sewing repairs and tailor shop;
3. Care services, such as child care, or home-care; and similar occupations or businesses.
4. Artisan and other home crafts;
5. Food preparation for catering services and baking;
6. Bed and Breakfasts;
7. Music and dance lessons and educational tutoring;
8. Telephone and mail order business;
9. Art gallery and framing shop;
10. Furniture repair and upholstery;
11. Sale of bedding plants and trees grown on the same lot;
12. Various personal service uses that do not disrupt the residential character of the neighbourhood
such as small appliance, clock/watch, bicycle, ski and snowboard and computer repair, locksmiths,
manicurists and insurance agents; and,
13. Discretionary Uses as approved by the Authority.
Exclusions:
Home-based business shall not include any business activity related to any of the following uses:
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Occupations that discharge or emit odors, noxious or toxic matter or vapors; heat, glare, noise
and/ or radiation;
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Manufacturing, welding or any other Industrial - Light use;
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The salvage, repair, maintenance or sales of motor vehicles, or motor vehicle engines or parts;
-
Tow truck operations;
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The use of mechanical or electrical equipment except as ordinarily utilized in purely domestic,
household, recreational hobbies or a home office use;
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Materials and commodities that involve delivery to and from the home-based business
residence in such bulk or quantity as to require regular or frequent delivery by a commercial
vehicle or trailer;
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Business that result in traffic congestion, on street parking overflow, electrical interference, fire
hazards or health hazards;
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Veterinary clinics, pet breeding and boarding kennels;
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Orchestra and band training;
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Office uses that generate regular daily visits by clients, as in a clinic;
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Public gathering use;
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Telephone or mail order sales of goods where customers enter the premises to inspect,
purchase or take possession of goods;
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The sale of any commodity not produced on the premises, except for personal service-related
products;
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Warehouse outlet;
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Contractors Yards;
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Adult Entertainment Uses; and,
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Any other use that is not complimentary to the quiet enjoyment of a residential neighbourhood.
General Development Conditions for Home Businesses:
1. The use is clearly subsidiary to the residential use, does not alter the character of the property or
detract from the residential character of the neighbourhood. The external appearance of the
dwelling or accessory building shall not be changed by the home business.
2. Activities associated with the use are not hazardous, and are not a nuisance to the occupants of
adjacent dwellings;
3. No regular parking of commercial vehicles or trailers except for one vehicle with a gross weight of no
greater than one tonne will be permitted.
4. The residence is occupied by the operator of the home business.
5. There shall be no wholesale or outdoor storage of goods or equipment.
6. Any retail sales are incidental and subsidiary to the approved use.
7. The residential lot has sufficient area to accommodate the parking and loading requirements of the
dwelling unit and the home business. In addition to the two required parking spaces for a residential
zone use, a home-based business shall provide one additional parking space for each non-resident
employee working at such facility. The home base business applicant shall provide a site plan that
indicates the parking spaces location and any landscape improvements related thereto at time of
business license application.
8. The only home businesses that can be conducted outside the dwelling or accessory building are
Non-farm operation animal husbandry and market or home garden uses as defined under
'Agriculture - Urban' and Child Care.
9.
A non-illuminated identification sign not exceeding 0.2 m2 in area shall be permitted provided that
the sign is consistent with the residential character of the neighbourhood.
10. The home business will occupy:
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no more than thirty percent (30%) of the total floor area of the dwelling unit, or
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no more than 100 m2 of the total floor area of an accessory building.
11. Council may require fencing, screening, and/ or a minimum buffer to protect the amenity of adjacent
uses.
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12. The home business will not create traffic safety or traffic congestion concerns.
13. The home business will adhere to all other conditions that Council considers necessary to protect
the amenity of adjacent uses and the neighbourhood.
14. The home business will not use water or generate sewage in excess of what can be accommodated
by the municipal water supply and sewage system.
5.3.2
Development Conditions for Specific Home Businesses
5.3.2.1
Bed and Breakfast
Definition: Bed and breakfast, sometimes referred to as a hospitality home, means an owner-occupied
or owner-managed dwelling for paid temporary accommodation with no more than four (4) guest
rooms. The establishment may include a self-serving dining area for the use by overnight guests.
Catered dining may be considered on a limited-use basis. Other uses that may be considered under this
definition include hospitality home and inn. It does not include a hotel, motel or hostel.
Conditions:
1. The principal use of the residential dwelling unit shall continue to be the home for the ongoing
occupation by a single family; no other use such as for a Residential Care or Boarding use shall be
permitted at the same time as a Bed and Breakfast use;
2. The person(s) operating the Bed and Breakfast shall hold a valid license issued by the agency/
agencies having jurisdiction or authority, such as, Canada Select and the Tourism Division,
Government of Newfoundland and Labrador;
3. No more than four bedrooms accommodating not more than eight persons at any one time may be
used by residential homes for a Bed and Breakfast use;
4. Amenities shall include a minimum of sleeping accommodation area per bedroom of 12 m2 and full
bathroom and washroom facilities with potable hot and cold water for each bedroom;
5.
A Bed and Breakfast Use is not permitted within a subsidiary apartment, a mobile home or within
multi-unit dwellings units.
5.3.2.2
Boarding House
Definition: Boarding house or lodging house means a single detached welling in which at least rooms are
regularly rented to 3 or more persons other than the immediate family of the owner or tenant. Guests
are semi-permanent boarders/lodgers, whereas hotel guests are travelers and transient guests.
Conditions:
1. Must conform to Use Zone Table and General Conditions for Home Businesses
5.3.2.3
Day Care - Residential
Definition: Day care or family and group care means a dwelling accommodating up to but no more than
six (6) persons exclusive of family or staff receiving care in a home-like setting, for example, Group Care
centres, halfway house, child, adult care (seniors) or disabled persons.
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Conditions
1. The section of the street on which the use is located allows sufficient area and sight distance for the
safe and convenient drop off and pick up of children without hindering the safety and convenience
of vehicular and pedestrian traffic on the street, or the development provides adequate off-street
drop off or pick up spaces satisfactory to Council;
2. the use is compatible with nearby uses; that is, the use of the dwelling does not materially differ
from, nor adversely affect, the amenities of the adjacent residences, or the neighborhood in which it
is located;
3. the use shall occupy a maximum of forty percent (40%) of the floor area of the dwelling unit;
4. the use shall have a maximum of six (6) adult day care users present at any time;
5. a minimum of 5 m2 of net floor space per person shall be provided for use by adult day care users,
this aggregate floor space shall be utilized for the purpose of group amenity areas and individual
rest areas;
6. the operator of the day care shall maintain the dwelling in which the use is located as his/her
primary residence;
7.
the use shall operate only during the full daytime period between 7:30 a.m. and 6:00 p.m.
8. A family group care centre use is permitted in any dwelling or apartment that is adequate in size to
accommodate the number of persons living in the group, inclusive of staff, provided that, in the
opinion of Council;
9. Council may require special access and safety features to be provided for the occupants as a
condition of the permit. These shall be installed before an occupancy permit is issued.
5.3.2.S
Subsidiary Apartments
Definition: means a separate dwelling unit constructed within and subsidiary to a single dwelling.
Conditions:
1. One subsidiary apartment may be permitted in a single dwelling and shall be contained within the
same building as the single dwelling.
2. For the purpose of calculating lot area and yard requirements, the apartment shall be considered
part of the single dwelling.
3. A minimum of two off street parking spaces shall be required.
4. The minimum floor area required is 40 m2 for a one-bedroom subsidiary apartment, plus 10 m2 for
each additional bedroom.
5. The apartment is completely self-contained, with facilities for cooking, sleeping, and bathing.
6. The apartment shall not alter the appearance of the structure as a single-family dwelling;
7. Shall have a separate entrance/egress to the outside;
8. For lots without municipal water, Service NL shall determine water and sewerage disposal
requirements and a permit will be issued subject to its approval.
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6.0
BUILDINGS, LOT SITING AND LANDSCAPING AND SERVICES
6.1
BUILDINGS
6.1.1
Building Orientation
Taking into consideration 4.7.1 regarding building orientation to the street, wherever possible,
development or the siting of a building on a lot should be configured to optimize winter solar exposure
and shall take into consideration street/building layout, shading, landscaping, and on-site parking.
6.1.2
Building Quality
1. Building Materials - All building materials for exterior finish will be subject to approval of Council in
respect to acceptable visual quality and design appearance.
2.
Outside Element - Any outside elements including exposed ductwork, outside air conditioning units,
cooling towers and tanks are subject to the approval of Council in respect to acceptable visual
quality.
6.1.3
Heat Pump, Mini-Split Heat Pump, Air Conditioner, or External Fan
1. A heat pump, air conditioner or external fan shall be located
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in the flanking street side yard or rear yard of the principle building of the lot of property on
which the heat pump, air conditioner or external fan is situated;
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no closer than 2.4 m from a side lot line of the lot or property on which the heat pump, air
conditioner or external fan is situated; and
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no closer than 3 m to a door or window of a dwelling on an adjoining lot.
2. Upon receipt of a noise complaint about a heat pump, mini-split heat pump, air conditioner or
external fan unit, the unit shall be inspected and certified to be in appropriate working order by a
company certified to service the equipment. Proof of inspection and certification must be made
available upon request by the Town. If the noise continues and exceeds the noise level permitted for
a heat pump, mini-split heat pump, air conditioner or external fan unit, the property owner will be
required to undertake noise mitigation measures or relocate the unit.
3. A heat pump shall be placed on a concrete base that rests on or in the ground, or equivalent.
4.
A mini-split heat pump shall:
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be located in any yard of the principle building of the lot or property on which the mini-split
heat pump is situated;
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be attached securely to the principle building of the lot or property on which the mini-split
heat pump is situated as per the manufacturer's specifications, or equivalent, and in a
manner, that prevents any potential vibration of the equipment during operation or
attached securely to a concrete base resting on or in the ground; and
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not generate noise exceeding 55 dBA at the property boundary. If a mini-split heat pump is
found to be exceeding that limit, noise mitigation measures shall be employed to reduce the
noise level to a maximum of 55 dBA.
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6.1.4
Heritage Building or Structure
Where Council designates a building or structure as a heritage building or structure, no person shall pull
down or demolish the designated heritage building or structure except for life safety reasons or to carry
out a public work, nor shall the exterior of the heritage building or structure be repaired or altered
without the written approval of Council.
6.2
LOT SITING AND LANDSCAPING
6.2.1
Lot Area
1. No lot shall be reduced in area, either by the conveyance or alienation of any portion thereof, such
that,
-
the lot area, frontage, front yard, rear yard, and side yards are less than the minimums
permitted by these Regulations for the zone in which such lot is located, and
-
the lot coverage of all buildings exceeds the maximum permitted by these Regulations for
the zone in which such lot is located.
2.
Where any part of a lot is required by these Regulations to be reserved as a yard, it shall continue to
be so used regardless of any change in the ownership of the lot or any part thereof, and shall not be
deemed to form part of an adjacent lot for the purpose of computing the area thereof available for
building purposes.
6.2.2
Lot Size Exceptions
Where, at the time of registration of these Regulations, one or more lots already exist in any residential
zone, with insufficient frontage or area to permit the owner or purchaser of such a lot or lots to comply
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with the provisions of these Regulations, then these Regulations shall not prevent the issuance of a
permit by Council for the erection of a dwelling thereon, provided that the lot coverage and height are
not greater than, and the yards and floor area are not less than, the standards set out in these
Regulations.
6.2.3
Unsubdivided Land
Development is not permitted on unsubdivided land unless sufficient area is reserved to satisfy the yard
and other allowances called for in the Use Zone in which it is located and the allowances shall be
retained when the adjacent land is developed.
6.2.4
Lot Fronting onto on a Public Street
No residential, commercial or public building shall be erected on a lot that does not front directly onto a
public street unless the subject lot forms part of a Comprehensive Development.
6.2.5
Building Line and Setbacks
1. Council may vary established building lines on an existing or proposed street under 2.4.1 taking into
consideration that it:
a.
does not create an obstruction to other dwellings on the street,
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b.
is sympathetic to the location and setback of adjacent buildings,
c. does not create a safety hazard, and
d. is not a hindrance to municipal snow clearing or snow storage operations on the street.
2. The building line setback is measured from the front property line;
3. Adequate building setback from roads shall be required in order to maintain road standards,
consider public safety requirements for side/back/front yards; and conform to the existing
development pattern; and, ensure adequate provision is made for light, privacy, and amenity.
4. . Setbacks should be sufficient to allow for landscaping of front yards, vehicle off-street parking and
take into consideration Town service obligations, such as, snow clearing;
5. To encourage a more interesting streetscape Council can allow staggered building line setbacks
6. If required, the building line as set out in the provincial Building Near Highways Regulation along
any provincial highway, must be adhered to.
6.2.6
Flanking or Corner lots and double fronting lots
In the case of a corner lot, the shortest lot line facing the street shall be the front lot line, therefore, the
other lot line is the flanking side yard; and in the case of double fronting lots or where the lot lines are
equal in length, the front lot line shall be determined by the orientation direction of the majority of
adjacent neighbourhood buildings, and the other lot line is the flanking side yard.
6.2.7
Side Yards
An unobstructed side yard shall be provided on the exposed sides of every building in order to provide
access for the maintenance of that building.
6.2.8
Multiple Uses on One Lot
Where two or more different uses may exist in a single building, more than one main building may be
permitted on a single lot, or a single lot may contain more than one permitted use, provided that each
use shall conform to all requirements in these Regulations that are applicable to that use. EXCEPTION:
This does not apply to a single detached dwelling that is not part of a Comprehensive Development.
Multiple use may not be permitted where the Authority determines that the proposed use would not be
compatible with existing uses on or adjacent to the lot by reason of safety, amenity, appearance, or
nuisance.
Where more than one main building is developed on a single lot, sufficient area shall be reserved to
satisfy the yard requirements and other allowances outlined in the Use Zone Table applicable to the lot.
These allowances shall be maintained when the adjacent land is developed.
6.2.9
Outdoor Storage
1. Outdoor storage shall not be located in front yards.
2.
The Council may require screening from street and other surrounding development.
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3. Open storage shall be maintained with a stable surface to prevent raising or movement of dust, clay,
mud or loose particles.
4. Open storage side yard minimum requirement= 5 m.
5.
The Council may, where a development is unsightly or dangerous to health or safety, order the
owner or occupier of the site to remove and dispose of unsightly or dangerous materials or
buildings, or restore the unsightly or dangerous materials or buildings to a more acceptable and
pleasing condition.
6.2.10
Landscaping
6.2.10.1 General
1. Under the direction of Council, the limits of new development shall be delineated in the field and site
work will be located in such a manner to minimize disruption on the existing and surrounding natural
vegetation.
2. All areas that are disrupted by construction shall be reinstated by the developer using natural
landscaping with a minimum of topsoil and grass sods. Wherever grass is a requirement for the
development of a lot or space, a minimum topsoil depth of 150 mm will be required for the planting of
grass or the laying of grass sods.
3. Slopes shall have a maximum vertical slope ratio of 2:1 and shall be landscaped with topsoil and grass
sods or hydro seeded.
4.
Whenever an alternate landscaping treatment is approved by Council and the treatment includes
ornamental gravel, the developer or property owner shall ensure that:
a. an appropriate retaining wall or border is constructed to contain the gravel within the
lot boundaries and along paved driveways, vehicular circulation areas, and parking
areas, and
b. the area between the border and the sidewalk or curb be maintained with grass in
accordance with these Regulations.
5. The landscaping of properties and lots shall be in accordance with any landscaping Guidelines as
adopted by Council.
6. A landscape deposit in the amount to cover the costs of the landscaping of the lot or area shall form a
condition of the Development Permit and shall be paid prior to the issuance of the applicable permit by
the Town. The deposit shall be returned upon the successful completion of the landscaping to the
satisfaction of the Town. The amount of the landscape deposit shall be as outlined in the landscaping
guidelines as approved by Council.
6.2.10.2 Subdivisions
1. Wherever possible, natural areas should be maintained in their natural state and the destruction of
these natural areas by development shall be minimized. If the natural area is a part of a public open
space area, the developer shall prepare a landscape plan integrating the natural areas with the
portions of the open space area that is to be developed for recreational purposes. The plan will
illustrate the grading relationships between developed and natural areas of the park.
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2. Minimum landscaping of the recreational open space area shall be topsoil and grass sods or hydro
seed as determined by the Town.
3. Where it is determined by Council that berming or a swale is required, or that major sloping occurs
within, or outside, the normal boundaries of a lot, it shall be the developer's responsibility to
landscape the berm, swale or slope with a minimum of grass. A landscape deposit will form a part
of the subdivision agreement to be returned upon the acceptance of the area by Engineering
Services.
4. The subdivision developer shall landscape all public open space areas that abut landscaped lots prior
to proceeding with another phase within the subdivision development.
6.2.10.3 Residential
1. The front, side, and rear yards of a residential lot shall be landscaped with a minimum treatment of
grass and related natural vegetation, and any variation or alternative landscaping treatment to this
shall be proposed in the form of a landscaping plan prepared by a certified member of a recognized
landscaping organization which is recognized by the Town to offer such landscaping expertise and
service.
2. Council may require a minimum of one tree shall be planted per 6 m of lot frontage as part of the
initial landscaping feature of the lot.
3. With the exception of row dwellings and apartment building lots, the minimum area to be
landscaped in the front yard of a residential lot is 50% unless otherwise determined by Council.
Where a residential property abuts a publicly owned open space snow storage buffer immediately
adjacent to a public road intersection, the entire front yard area, including the buffer located
between the front lot line and the front wall of the dwelling, may be considered in the calculation of
the 50% landscaped front yard requirement subject to the review and approval by Council.
4. The front yard landscaping of row dwellings and apartment building lots will be determined by Town
staff as part of the application and plan review process.
6.2.10.4 Commercial and Public/Institutional
1. The front, side, and rear yards of a commercial lot shall be landscaped with a minimum treatment of
grass and related natural vegetation, and any variation or alternative to this requirement shall be
proposed in the form of a landscaping plan prepared by a certified member of a recognized
landscaping organization which is recognized by Council to offer such landscaping expertise and
service.
2. On every lot, a minimum of one tree shall be planted for every 8 m of lot frontage.
3. For smaller lot developments (frontages of 30 m or less), the proposed landscaping shall be
indicated on the site plan.
4. On larger lots (frontages greater than 30 m), a landscape plan shall be required as a condition of the
development and the appropriate amount of landscaping as determined by the Town shall be
illustrated on the landscaping plan.
5. The driveway and all vehicle circulation areas, including parking stalls and parking and shipping areas
in all yards (front, side, and rear), shall be paved and·curbed.
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6.2.10.5 Industrial
1. In the landscaped front yard of an industrial lot, a combination of natural landscaping elements shall
be required as part of the development or redevelopment of the lot.
2. The required side and rear yards of an industrial lot shall be landscaped with a minimum treatment
of grass and related natural vegetation, and any variation or alternative landscaping treatment to
this requirement shall be proposed in the form of a landscaping plan prepared by a certified
member of a recognized landscaping organization which is recognized by Council to offer such
landscaping expertise and service
3. A landscape plan shall be required as a condition of the development and the appropriate amount
of landscaping as determined by Council shall be illustrated on the landscaping plan.
4. The driveway and all vehicle circulation areas, including parking stalls and parking and shipping
areas, in all yards in the front, side, and rear yards (with the exception of exterior storage yards),
shall be paved with curbing extending from the front of the property up to the limits of the rear wall
of the building.
6.2.10.6 Screening and Landscaping
Council may, in the case of existing unsightly development, order the owner or occupier to provide
adequate and suitable landscaping or screening and, for this purpose, may require the submission of an
application giving details of the landscaping or screening, and these Regulations shall then apply to that
application. The provision of adequate and suitable landscaping or screening may be made a condition
of any Development Permit where, in the opinion of Council, the landscaping or screening is desirable to
preserve amenity, or protect the environment.
6.3
MUNICIPAL SERVICES
6.3.1
Streets and access to streets
1. A new street may not be constructed except in accordance with and to the design and specifications
established by Council.
2. Access(es) shall be located to the specification of Council so as to ensure the greatest possible
convenience and safety of the street system and Council may prescribe the construction of service
streets to reduce the number of accesses to collector and arterial streets.
3. In order to control access to streets, Council may, by the adoption of an Access Plan:
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determine the number, location and layout of accesses to a street;
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require an access to a service street, where direct access to an arterial street is not
desirable;
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require two or more properties to share a joint access to an arterial street where individual
accesses would not be desirable.
4. Where Council has adopted an access plan, the location of accesses to existing and new
developments shall be in accordance with that plan.
5. No vehicular access shall be closer than 10 m to the street line of any street intersection.
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6.
Access shall be located so that there is no visual obstruction for drivers of vehicles entering or
exiting the development; therefore, to protect sightlines (view) of motorists and pedestrians:
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All occupied lands within 7 m of the curb of a street intersection shall be kept free of any
shrubs, plants, and trees that will impede the line of vision clear for motorists and
pedestrians, and
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No building or structure shall be permitted to be erected, moved, enlarged, or
reconstructed on any land that is within 7 m of the curb of a street intersection.
6.3.2
Services and Public Utilities
Within any Use Zone, Council may permit land to be used for the provision of public services and public
utilities if the use of that land is necessary to the proper operation of the public service or public utility
concerned, provided that the design and landscaping of any development of any land so used is, in the
opinion of Council, adequate to protect the character and appearance of the area.
6.3.3
Storm Water Management
1. Land shall be used, and graded in such a manner that run-off from the land or development does
not negatively impact adjoining properties, and that all surface drainage shall be captured on site in
accordance with the requirements of Council.
2. Development of land shall be undertaken with the objective of wherever possible achieving zero net
run off with respect to on-site storm water runoff.
3. Where development results in the discharge of storm water into a wetland, waterbody, or
watercourse, such discharge shall be designed to minimize any environmentally detrimental effects
on the receiving water or watercourse, and shall be designed and constructed in accordance with
the requirements and conditions of the Water Resource Management Division (refer to Section
4.1.10 of these Regulations) and any other conditions of Council.
6.3.4
Effluents
1. Liquid or Semi-Solid Industrial Drainage:
a.
No liquid or semi-solid industrial waste or effluent shall be discharged on the surface or into
the ground, and
b. no water borne industrial waste or effluent shall be discharged into the surface drainage
ditches or sanitary sewers
unless the chemical and/or biological content is acceptable to Council or authorities having
jurisdiction.
2. Any effluent or runoff leaving the site will be required to conform to the requirements of the
Environmental Control Water and Sewage Regulations, 2003
http://assem bly .n l.ca/Legislation/sr / regulations/ rc030065. htm.
3. Application forms for permits and licences, fee schedules, and guidelines are available at:
http://www.env.gov. nl.ca/env /waterres/ regulations/a ppforms/index. htm I.
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6.3.5
On-Site Services (Wells and onsite sanitary sewer systems)
Approvals involving installation of on-site water and sewer systems must be obtained from Service NL,
Grand Falls-Windsor.
6.3.6 Environmental Investigations
Approvals for any development that may have an environmental impact must be referred to
Environmental Investigations, Service NL, and/or the Pollution Preventions Division, Department of
Municipal Affairs and Environment.
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7.0
OFF-STREET LOADING & PARKING AND SIGNS
7.1
PARKING AND OFF-STREET LOADING REQUIREMENTS
7.1.1
Off-Street Loading Requirements
1. Where Council deems necessary, for every building, structure or use requiring the shipping, loading
or unloading of animals, goods, wares or merchandise, one or more loading spaces will be provided
and maintained on the lot measuring at least 15 m long and 4 m wide with a vertical clearance of at
least 4 m. The space will have direct access to a public street or to a driveway of a minimum width of
6 m that connects to a public street.
2. The number of loading spaces to be provided will be determined by Council.
3. The loading spaces required by this Regulation will be designed so that vehicles can maneuver clear
of any street and so that it would not be necessary for any vehicle to reverse onto or from a street.
7.1.2
Parking Area Standards
1. For every building, structure or use to be erected or enlarged, there shall be provided and
maintained a quantity of off-street parking spaces sufficient to ensure that the flow of traffic on
adjacent streets is not impeded by on-street parking of vehicles associated with that building,
structure or use.
2. Residential parking spaces shall be provided on the same lot as the dwelling or dwellings. Parking
space for apartment buildings will be provided in the rear yard where possible.
3. Non-residential parking spaces shall be provided not more than 200 m distant from the use for
which the parking is required.
4. No regular parking of commercial vehicles or trailers except for vehicles with a gross weight of no
greater t han one tonne will be permitted, except where provision has been specifically made for this
type of parking.
5. The parking facilities required by this Regulation will, except in the case of single detached, semi-
detached or attached dwellings, be arranged so that it is not necessary for any vehicle to reverse
onto or from a street.
6. Where Council permits parking perpendicular to the curb, the minimum dimensions of each parking
stall will be as follows:
Parking stall width
2.5 m
Parking stall length or depth
5.5 m
Aisle width separating opposite parking stalls
7.0m
Aisle width separating a stall from another
7.0m
Driveway width
7.0m
7. Where Council permits parking horizontal to the curb, the minimum length of the stall will be 7 m
and the aisle width will be at least 4 m, or more if deemed necessary by Council.
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8.
For any other parking lot configuration, the requirements shall as be as specified by Council, but in
no instance, shall the requirements be less than that specified for perpendicular parking spaces.
9] Other requirements for parking areas are as follows:
a. The parking area will be constructed and maintained to the specifications of Council,
b. Lights for illumination of the parking area will be arranged so as to divert the light away
from adjacent development,
c. Except on a service station or industrial lot, no gasoline pump or other service station
equipment will be located or maintained in a parking area,
d. No part of any off-street parking area will be closer than 1.5 m from the front lot line in any
zone,
10. Where, in these Regulations, a parking area for more than four vehicles are required or permitted:
a. a parking area and an adjoining driveway shall provide drainage, lighting, curbs, and
landscaping in accordance with requirements of Council.
b. except in zones in which a service station is a permitted use, no gasoline pump or other
service station equipment shall be located or maintained on a parking area;
c.
no part of any off-street parking area shall be closer than 2 m to any lot line in any zone;
d. access to a parking area in non-residential zones shall not be by way of residential
zones;
e.
where a parking area is in or abuts a residential zone, a natural or structural barrier at
least 1 m in height shall be erected and maintained along all lot lines;
11. Where, in the opinion of Council, strict application of the above parking requirements is impractical
or undesirable, Council may, as a condition of a permit, require the developer to pay a service levy in
accordance with these Regulations in lieu of the provision of a parking area, and the full amount of
the levy charged shall be used by Council for the provision and upkeep of alternative parking
facilities within the general vicinity of the development.
7.1.3
Parking Development Plans
Council may exempt or change all the off-street parking required under Section 7.1 for a designated
area, provided the development within the designated area is controlled by a Comprehensive
Development site plan.
7 .1.4
Off-Street Parking Requirements
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1. The off-street parking requirements for are set out in the following table, and for those uses not
indicated, then the parking and off-loading requirements are at the discretion of Council. In the case
of developments that include more than one use or development, these standards shall be regarded
as cumulative.
2. Adequate off-street provision for the drop-off and pick-up of persons will be provided on the same
lot as the development unless otherwise stipulated by Council.
3. The number of spaces to be provided for off-street parking will be in accordance with the following
table.
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USE/DEVELOPMENT
MINIMUM OFF-STREET PARKING REQUIREMENT
Amusement
One space for every 15 m2 of gross floor area
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Animal Grooming
One parking space for every 20 m2
Apartment Building
Three spaces for every two dwelling units
Automotive Sales
In addition to the parking spaces required for the principal building, one
parking space for every 20 vehicles of capacity for sales display at the
automotive sales lot
Bakery
One parking space per 15 m2 of net floor area
Bank
One parking space per 15 m2 of net floor area
Bank - Drive through
One parking space per 15 m2 of net floor area
Bar (night club)
One parking space for every 5 s m2of seating area
Bed and Breakfast
One parking space per guest room in addition to the two spaces for the
dwelling unit
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Car Wash
One parking space per washing bay and one parking space for each 30
m2 of office space
Clinic
Three parking spaces per examining room
Club and Lodge
One space for every 3 persons that may be accommodated at one time
Commercial Garage
One parking space per 30 m2 of net floor area (parking provision for the
storage of new and used vehicles for sale shall not be counted towards
this requirement)
Convenience Store
One space for every 20 m2 of gross floor area
Public Gathering - Outdoor
One space for every 60 m2 of gross floor areas
Day Care-non-residential
One space for every 30 m2 of gross floor area
Day Care-residential
One parking space per 30 m2 of net floor area
Semi-Detached/Double
Two spaces for every dwelling unit
Dwelling
Dry Cleaning
One parking space per 30 m2 of net floor area
Educational
Schools - 2 spaces for every classroom; Further education - 1 space for
every 5 persons using the facilities (students, faculty and staff)
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Funeral Home
One parking space for every 5 m2 of gross floor area used by visitors
Furniture & Appliance
One parking space for every 50 m2 of gross floor area
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Industrial - General
One parking space for every employee
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USE/DEVELOPMENT
MINIMUM OFF-STREET PARKING REQUIREMENT
General Service
One space for every 25 m2 of gross floor area
Hazardous Industry
One parking space for every employee
Health Club
One parking space for every 20 m2 of gross floor area
Hotel
One parking space for every 3 sleeping units plus one parking space for
every 15 m2 of banquet seating area
Light Industry
As specified by Council but not less than one space per 50 m2 of gross
floor area or 5 parking spaces, whichever is greater
Medical and Professional
One space for every 25 m2 of gross floor area
Medical Treatment and
Once space per 22 m2 of suite or ward area
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Mobile and Mini Homes
Two spaces for every dwelling unit
Office
One space for every 30 m2 of gross floor area
Personal Service
One space for every 25 m 2 of gross floor area
Public Gathering Place-
One space for every 6 seats; or one space for every 15 m2 of gross floor
Indoor
area
Regional Institutional Use
One parking space for every 10 spectators that may be accommodated
at one time
Restaurant
One parking space for every 5 m2 of seating area
Restaurant - Drive Through
One parking space per 5 m2 of seating space
Restaurant-Take-out
One space for every 25 m2 of gross floor area
Retail
One space for every 20 m2 of gross floor area
Row Dwelling
Two spaces for every dwelling unit
Service Station
One space for every 20 m2 of gross floor area
Shopping Centre
One space for every 20 m 2 of gross floor area
Single Detached Dwelling
Two spaces for every dwelling unit
Sport & Recreation facility
Three parking spaces for every 5 patrons of the facility at maximum
r::onc:,ritv
Subsidiary Apartment
One parking space for every dwelling unit
Veterinary
One space for every 25 m2 of gross floor area
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7.1.5
Designated Mobility Impaired Parking Spaces
For any development where parking spaces for person with disabilities are required pursuant to the
Buildings Accessibilities Regulations under the Building Accessibility Act (Newfoundland and Labrador),
such spaces shall be provided according to the Regulations, on the basis of one (1) parking space per lot
or four percent (4%) of the total number of required parking spaces provided on the lot, whichever is
greater, and such parking space or spaces shall be designated and marked in accordance with the
Designated Mobility Impaired Parking Regulations under the Highway Traffic Act (Newfoundland and
Labrador) and the Buildings Accessibilities Act.
7 .2
SIGNS (ADVERTISEMENTS}
7 .2.1
Permit Required
No sign or advertisement shall be erected or displayed in the Planning Area unless a permit for the
advertisement is first obtained from the Authority, except for those signs that are exempt from control
as listed in the following provision.
7.2.1.1 Signs/Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area without application to
the Authority:
a. on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding 0.2 m2 in
area;
b. on an agricultural holding or farm, a notice board not exceeding 1 m2 in area and relating to
the operations being conducted on the land;
c.
on land used for forestry purposes, signs or notices not exceeding 1 m2 in area and relating
to forestry operations or the location of logging operations conducted on the land;
d. on land used for mining or quarrying operations, a notice board not exceeding 1 m2 in area
relating to the operation conducted on the land;
e.
on a dwelling or within the curtilage of a dwelling, one nameplate not exceeding 0.2 m2 in
area in connection with the practice of a professional person carried on in the premises;
f.
on any site occupied by a church, school, library, art gallery, museum, institution or
cemetery, one notice board not exceeding 1 m2 in area;
g. on the principal facade of any commercial, industrial or public building, the name of the
building or the name of the occupants of the building, in letters not exceeding one-tenth of
the height of that facade or 3 m, whichever is the lesser;
h. on any parking lot, directional signs and one sign not exceeding 1 m2 in size, identifying the
parking lot.
7.2.1.2
Provincial Highway Sign Regulations, 1996 (under the Urban and Rural Planning Act, 2000)
Permit for erection or display of advertisement on Provincial Highways shall be obtain from the
Government Service Centre.
7.2.1.3
Application for Permit
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Application for a permit to erect or display an advertisement shall be made to the authority in
accordance with the requirements for a development permit as set out in the Administration Chapter.
7.2.1.4
Signs/Advertisements Prohibited in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or over any highway or street
reservation.
7.2.1.S
Permit Valid for limited Period
A permit granted under these Regulations for the erection or display of an advertisement shall be for a
limited period, not exceeding two years, but may be renewed at the discretion of the Authority for
similar periods.
7 .2.1.6
Removal of Signs/ Advertisements
Notwithstanding the provisions of these Regulations, the Authority may require the removal of any
advertisement which, in its opinion, is:
a. hazardous to road traffic by reason of its siting, colour, illumination, or structural
condition, or;
b. detrimental to the amenities of the surrounding area.
7 .2.1.7
Approval Subject to Conditions
A permit may only be issued for the erection or display of advertisements which comply with the
appropriate conditions and specifications set out in the Use Zone Tables in Schedule C of these
Regulations.
7.2.1.8
Non-Conforming Uses
~ permit may be used for the erection or display of signs or advertisements on a building or within the
courtyard of a building or on a parcel of land, the use of which is a non-conforming use, provided that
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the advertisement does not exceed the size and type of advertisement which could be permitted if the
development was in a Use Zone appropriate to its use, and subject to any other conditions deemed
appropriate by the Authority.
7.2.2
SIGN STANDARDS FOR SPECIFIC ZONES
The following limitations on size and placement of signs apply to the following zones:
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All residential zones;
7.2.2.1
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site occupied by a permitted
use or a legal non-conforming use shall be as follows:
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The size, shape, illumination and material construction of the advertisement shall meet the
requirements of Council, having regard to the safety and convenience of users of adjacent
streets and sidewalks, and the general amenities of the surrounding area.
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No advertisement shall exceed 1.5 m2 in area.
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Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs" ) will not be
allowed in the residential area.
7 .2.2.2
Advertisements Relating to Offsite Uses on Local Roads
The conditions for the erection or display of an advertisement on any site, relating to a use permitted in
this or another zone, or not relating to a specific land use, shall be as follows:
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No advertisement shall exceed 1.5 m2 in area.
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When the advertisements relate to a specific land use, they shall be located within a reasonable
distance of, and only show thereon the name and nature of the distance or direction to, the
premises to which they relate.
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8.0
SUBDIVISION OF LAND
8.1
SUBDIVISION STANDARDS
8.1.1
Subdivision Standards apply
The provisions in this chapter of the Development Regulations apply each of the following:
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The subdivision of land under single ownership into two or more lots, including the residual lot,
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Construction, upgrading, or extension of a public street, and
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Extension or upgrading of the municipal water and sewer system.
8.1.2
Subdivisions standards do not apply
The requirements of this Part shall not apply to the following:
1. where the parcel being created is to be used solely for the unattended equipment necessary for:
a.
the operation of community water, storm or sanitary sewer systems;
b. public utilities, including electrical substations or generating stations;
c.
air or marine navigational aids;
d. any other similar public service or utility (including wind turbine 'farms');
e. Public institutional uses, including cemeteries;
f.
Resource uses set out in the resource zone;
g. Recreational open space, park uses
2. Minor subdivisions of four (4) or fewer lots which do not require new public or private road
construction or the installation of utility infrastructure or water and sewer services (other than
private connections; these must comply with the development standards associated with the Use
Zone.
8.1.3
Permit Required
No land in the Planning Area shall be subdivided unless a permit for the development of the subdivision
is first obtained from Council.
No provision in a will that purports to subdivide land is of any effect to subdivide that land contrary to
tl'iese Regulations.
8.1.4
Public Notice
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Council shall, at the applicant's expense, publish a notice in a newspaper circulating in the area of the
application and consider any representations or submissions received in response to that
advertisement.
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8.1.5
Form of Application
Application for a permit to develop a subdivision shall be made to Council in accordance with the
requirements for submitting and application in Administration chapter.
8.1.6
Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones delineated on the
Zoning Maps.
8.1.7
Subdivision Permit Subject to Considerations
A permit shall not be issued when, in the opinion of Council, the development of a subdivision does not
contribute to the orderly growth of the Town or does not demonstrate sound design principles.
In considering an application, Council shall, without limiting the generality of the foregoing, consider:
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the location of the land;
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the availability of and the demand created for schools, services, and utilities;
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the provisions of the Municipal Plan and Regulations affecting the site;
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the land use, physical form, and character of adjacent developments;
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the transportation network and traffic densities affecting the site;
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the relationship of the project to existing or potential sources of nuisance;
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soil and subsoil characteristics;
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the topography of the site and its drainage;
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natural features such as lakes, streams, topsoil, trees and shrubs and potential environmental
effects with respect to watercourses, wetlands, steep slopes, drainage patterns, storm water
generation and control, and loss or fragmentation of habitat,
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prevailing winds;
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visual quality;
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community facilities;
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municipal costs related to the provision and maintenance of roads, other infrastructure, and
municipal services;
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energy conservation; and,
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such other matters as may affect the proposed development.
8.1.8
Building Permits Required
Notwithstanding the approval of a subdivision and a permit to subdivide land by Council, a separate
building permit shall be obtained for each building proposed to be erected in the area of the subdivision,
and no building permit for any building in the area shall be issued until the developer has complied with
all the provisions of these Regulations with respect to the development of the subdivision.
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8.2
SUBDIVISION PERMIT REQUIREMENTS
8.2.1
Subdivision Development Agreement
Where Council has determined that a subdivision development agreement is a condition of a permit for
the subdivision development, the subdivision development agreement shall meet the conditions of
Development Agreements as set out in the Administration chapter.
8.2.2
Municipal Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions satisfactory to Council
have been made in the application for a supply of drinking water, a properly designed sewage disposal
shtem, and a properly designed storm drainage system so as not to affect adjoining and nearby
properties.
8.2.3
Private Well water source: Groundwater Supply Assessment and Reporting
A groundwater assessment report shall be required to be completed and submitted by the subdivision
applicant to the Town as part of the subdivision approval process where a minimum sized subdivision is
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to be serviced by individual wells. The Groundwater Assessment Report must be prepared in accordance
with the Department of Municipal Affairs and Environment's Groundwater Supply Assessment and
Reporting Guidelines for Subdivisions Serviced by Individual Private Wells. Requirements to complete a
Groundwater Assessment Report shall be based upon the following criterion:
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A groundwater assessment study will not be required for subdivisions less than five (5) lots,
each having a minimum 2,203m2 (1/2 acre) size, unless the area has documented drinking-
water quality and/or quantity problems.
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A proposed subdivision from five (5) to fifteen (15) lots will require a Level I assessment, as
defined in the Groundwater Supply Assessment and Reporting Guidelines.
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A proposed subdivision greater than fifteen (15) lots will require a Level II assessment, as
defined in the Groundwater Supply Assessment and Reporting Guidelines.
Town of Appleton Development Regulations 2017
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2-4
No-but may be required if site
has history of ground water
quality and quantity issues
No
0
5-15
Yes
may be required if site has
history of ground water
quality and quantity issues
may be required if site has
history of ground water
quality and quantity issues
16-30
Yes
Yes
1
31-45
Yes
Yes
2
46-60
Yes
Yes
3
61-75
Yes
Yes
4
75-90
Yes
Yes
5
91-105
Yes
Yes
6
8.2.4
Fees, Service Levies and Development Charges
8.2.4.1
Subdivision Fees
Subdivision Application Fee The applicant shall pay a subdivision application fee as determined by
Council at the time of submitt ing a Development Application to subdivide.
The subdivision application fee shall be calculated on a per-lot basis for every lot created by the
subdivision of land. This fee shall be calculated in addition to any other fee required under the
regulation addressing Development Charges.
8.2.4.2
Service Levies and Local Improvement Assessments
-
The applicant shall be required to pay all service levies and local improvement assessments
identified by Council for connection to services, utilities, streets, and for the construction or
improving of capital works funded by Council or under Council's direction which benefit and
accommodate the development or subdivision. The service levies or local improvements
assessments will be paid in such amount and in such form as determined by Council as a
condition of permit or as a condition of a Development Agreement to subdivide land and such
payment will be agreed upon prior to construction occurring on the land.
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This section shall not affect any outstanding levies and/or assessments that were determined
prior to the enactment of these Regulations.
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The applicant shall pay the cost of all capital works necessary to serve the proposed
development or subdivision.
8.2.4.3
Deposit of Securities
As a condition of a permit to develop a subdivision and as part of a Development Agreement to
subdivide, the Town may require an applicant to deposit with the Town a security to cover the cost of all
the subdivision requirements and completion thereof. These securities shall be payable after approval
by Council and before issuance of a construction permit under these Regulations.
8.2.4.4
Land for Public Open Space
Before a development commences, the developer shall, if required, dedicate to Council, at no cost to
t~e Town, an area of land equivalent to not more than ten percent (10%) of the gross area of the
sµbdivision for public recreational open spaces, subject to the following requirements:
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where land is subdivided for any purpose other than residential use, Council shall determine the
percentage of land to be dedicated;
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if, in the opinion of Council, no public open space is required, the land may be used for such
other public use as Council may determine;
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the location and suitability of any land dedicated under the provisions of this Regulation shall be
subject to the approval of Council but in any case, Council shall not accept land which, in its
opinion, is incapable of development for any purpose;
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Council may accept from the developer, in lieu of such area or areas of land, the payment of a
sum of money equal to the value of the land which would otherwise be required to be
dedicated; and,
I -
this money received by the Authority (above), shall be reserved by the Town for the purpose of
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the acquisition or development of land for public open space or other public purpose.
Land dedicated for public use in accordance with this Regulation shall be conveyed to the Town and may
be sold or leased by Council for the purposes of any development that conforms with the requirements
of these Regulations, and the proceeds of any sale or other disposition of land shall be applied against
'
t~e cost of acquisition or development of any other land for the purposes of public open space or other
public purposes.
Council may require a strip of land to be reserved and remain undeveloped along the banks of any river,
brook or pond, and this land may, at the discretion of Council, constitute the requirement of land for
public use.
I 8.3
SUBDIVISION DESIGN STANDARDS
8.3.1
General Subdivision Design Standards
No permit shall be issued for the development of a subdivision under these Regulations unless the
design of the subdivision conforms to the following standards.
Town of Appleton Development Regulations 2017
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1. The finished grade of streets shall not exceed ten percent (10%).
2. The plan should indicate which streets are classified as arterial, collector or service (local) roads.
3. Every cul-de-sac shall be provided with a turning circle of a diameter of not less than 30 m.
4. The maximum length of any cul-de-sac (or dead-end street) shall be:
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200 min areas served by, or planned to be served by, municipal piped water and sewer services;
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300 m in areas not served by, or planned to be served by, municipal piped water and sewer
services;
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all cul de sac water mains will be connected to a water main on an adjoining street or will be
looped back to ensure continuous water flow and prevent stagnant water at the end of dead-
end pipes.
5. Emergency vehicle access to a cul-de-sac shall be not less than 3 m wide and shall connect the head
of the cul-de-sac with an adjacent street.
6. No cul-de-sac shall be located so as to appear to terminate a collector street.
7. New subdivisions shall have street connections with an existing street or streets.
8. All street intersections shall be constructed within 5° of a right angle and this alignment shall be
maintained for 30 m from the intersection.
9.
No street intersection shall be closer than 40 m to any other street intersection.
10. No more than four streets shall join at any street intersection.
11. No residential street block shall be longer than four hundred and (490 m between street
intersections.
12. Streets in residential subdivisions shall be designed in accordance with the approved standards of
Council, but in the absence of such standards, shall conform to the following minimum standards:
Arterial Streets
30m
15 m
Collector Streets
20m
15 m
Local Residential Streets
1. where more than 50% of the units
are single or double dwellings
15 m
9m
2.
where 50% or more of the units
18-20 m
9m
are row houses or apartments
Service Streets
18 m
9m
Town of Appleton Development Regulations 2017
1.5m
1.5 m
1.5m
1.5
1.5
Council
Discretion
2
1
Council
Discretion
Council
Discretion
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13. No lot intended for residential purposes shall have a depth exceeding four times the frontage.
14. Subdivision review shall determine that the Developable Area of each proposed lot shall be a
minimum of 150.0 m2 (1,614.6 ft2), and not including any site area required for the development
setback.
15. Residential lots shall not be permitted which abut a local street at both front and rear lot lines.
16. Council may require any existing natural, historical or architectural feature or part thereof to be
retained when a subdivision is developed.
17. Land shall not be subdivided in such a manner as to prejudice the development of adjoining land.
18. Front Yard/Building Lines: Council may establish front yard/building lines for any subdivision street
and require any new building to be located on such building lines.
8.3.2
Conservation Subdivision Design (Grouping of Buildings and Landscaping)
Each plan of subdivision shall make provision for the grouping of building types and for landscaping in
order to enhance the visual aspects of the completed development, provide greater amenity spaces,
such as trails and parklands by incorporating site-specific topography and vegetation into the
neighbourhood design.
Building groupings, once approved by Council, shall not be changed without written application to and
subsequent approval of Council.
Town of Appleton Development Regulations 2017
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Conventional Subdivision
Conservation Subdivision
=.lion Designing for open space favors
cluster housing (open-space zoning)
over conventional subdivisions.
Here, both plans contain 36 sites, but
the lower has cluster homes.
Town of Appleton Development Regulations 2017
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:,
0 -
)>
"O
"O
iii
0
:,
0
11> <
11>
0
"O
3
11> :,
,..
;,,
11>
OQ
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~
o·
:,
"'
,...,
0 ...
"
... ... "
-
------ -
Cluster Development - Single Family 0-etached Subdivision
Illustration Based on R-3 Zoning
D g
E;=3 D (]
-
a - 0 LJ
8
0
CjJJ
8
-
L:1 ~ -
~
Conventional Single Family Detached Subdivision
Single Family Detached Cluster Development
- 10 acres
- 10 acres
- 30 lots
- 30 lots
- 12,000 sf Minimum Lot Size
- 7,000 sf Minimum Lot Size
0 u
0
- Minimum Open Space/Common Elements - 15% of Total Tract
- -
Town of Appleton Development Regulations 2017
lRAOII IO AL
OEVELOPM[ T
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Example of Conservation Subdivision Design incorporating Storm Water Management options:
Homes clustered to
allow for native
vegetation retention
Permeable parking
provided for guest
parking - reduced
roadway does not allow
for on street parking
Pervious trail
through shared
open space
Permeable
sidewalks
and
driveways
Reduced
roadway width
to reduce
impervious
surfaces
Town of Appleton Development Regulations 2017
Shared driveways
to reduce
impervious
Bioretention facility
surfaces
for roadway runoff
Rain gardens for
roof and driveway
stormwater runoff
Dispersion into
retained native
vegetation
119
8.4
SUBDIVISION ENGINEERING STANDARDS
No permit shall be issued for the development of a subdivision under these Regulations unless the
design of the subdivision conforms to the requirements established by Council and the "Municipal
Engineering Subdivision standards" as approved by Council.
8.4.1
Engineer to Design Works and Certify Construction Layout
Plans and specifications for all water mains, hydrants, sanitary sewers, storm sewers, and all
appurtenances thereto and all streets, paving, curbs, gutters and catch basins, and all other utilities
deemed necessary by Council to service the area proposed to be developed or subdivided shall be
designed and prepared by or approved by the Manager of Engineering Services. Such designs and
specifications shall, upon approval by Council, be incorporated in the plan of subdivision.
Upon approval by Council of the proposed subdivision, the Manager of Engineering Services shall certify
all work of construction layout preliminary to the construction of the works and thereupon the
developer shall proceed to the construction and installation, at the developer's own cost and in
accordance with the approved designs and specifications and the construction layout certified by the
Manager of Engineering Services, of all such water mains, hydrants, sanitary sewers, and all
appurtenances and of all such streets and other works deemed necessary by Council to service the said
area.
8.4.2
Developer to Pay Engineer's Fees and Charges
The developer shall pay to Council all the Engineer's fees and charges for the preparation of designs and
specifications and for the layout and supervision of construction; such fees and charges being
percentages of the total cost of materials and labour for the construction and installation of all works
calculated in accordance with the Schedule of Fees recommended by the Association of Professional
Engineers and Geoscientists of Newfoundland and Labrador and in effect at the time the work is carried
out.
8.4.3
Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks, and paving specified
by Council as being necessary, may, at Council's discretion, be deferred until a later stage of the work on
the development of the subdivision but the developer shall deposit with Council, before approval of the
application, an amount estimated by the Manager of Engineering Services to be reasonably sufficient to
cover the cost of construction and installation of the works. In the later stage of the development,
Council shall call for tenders for the construction and installation of the works, and the amount so
deposited by the developer shall be applied towards payment of the contract cost. If the contract cost
exceeds the deposit, the developer shall pay to the Town the amount of the excess. If the contract price
is less than the deposit, the Town shall refund the amount by which the deposit exceeds the contract
price. Any amount so deposited with the Town by the developer shall be placed in a separate savings
account in a bank and all interest earned thereon shall be credited to the developer.
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8.4.4
Construction of Utilities
Within any street reservation, the placing of any utility structure or service such as a hydro pole,
telephone pole, underground hydro service boxes, internet or cable services, Canada Post group mail
boxes, fire hydrant, fire alarm or sign post, shall receive the prior approval of the Authority with regard
to the proposed location of utilities, safe construction, required easements and the relationship to other
structures within the street reservation and to adjoining buildings.
8.4.5
Structures in Street Reservation
No structures shall be placed within any street reservation of any structure (e.g., a utility pole, bus
s~elter, fire hydrant, mail box, fire alarm, school bus shelter, sign post) without prior approval of Council
which shall take into consideration safety considerations, such as, sight lines, obstructions, safe
construction, and the relationship of the structure to the adjoining buildings and other structures within
the street reservation, and relationship to the movement of vehicles and pedestrians.
8.4.6
Transfer of Streets and Utilities to Council
I
The developer shall, following the approval of the subdivision of land and upon request of Council,
transfer to the Town, at no cost to the Town, and clear of all liens and encumbrances:
-
all lands in the area proposed to be developed or subdivided which are approved and
designated by Council for public uses as streets, or other rights-of-way, or for other public use;
and
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all services or public works including streets, water supply and distribution, and sanitary and
storm drainage systems installed in the subdivision that are normally owned and operated by
Council.
Before Council shall accept the transfer of lands, services, or public works of any subdivision, the
Manager of Engineering Services shall, at the cost to the developer, test the streets, services and public
Works installed in the subdivision and certify satisfaction with their installation.
Council shall not provide maintenance for any street, service, or public work in any subdivision until such
time as such street, service, or public work has been transferred to and accepted by Council.
8.4.7
Mini/mobile home park subdivision
-
The minimum size of parcel for a Mini/mobile home subdivision/park is 2 hectares.
-
Where municipal services are not provided, the maintenance of the services is the shared
responsibility of the members of the park.
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A development application for a mini/mobile home subdivision/park shall provide the same
information as a set out this Part for major subdivisions.
Town of Appleton Development Regulations 2017
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APPENDICES
Town of Appleton Development Regulations 2017
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APPENDIX 1: INTERPRETATION OF TECHNICAL TERMS USED IN THE DEVELOPMENT REGULATIONS
Introduction
This section contains definitions of the technical terms used in the Municipal Plan and Development
Regulations in order to ensure that they are correctly interpreted.
Terms and words in this regulation which are defined in the Urban and Rural Planning Act, 2000 and
Development Regulations, 2000, have the meaning expressed in that Act and cannot be amended by the
Council; these are identified by a logo, as noted below:
= Definitions from the Urban and Rural Planning Act, 2000 (the Act);
these cannot be amended by Council; and,
= Definitions from the Minister's Development Regulations under the Urban and
Rural Planning Act, 2000; these cannot be amended by Council.
w 'ords and phrases used in these Regulations shall otherwise have the meanings as set out in the
following definitions; these can be amended by the Council; these can be identified by the absence of a
logo. Any other terms and words have the meaning as generally understood in the English
lahguageAdditional definitions have been provided for interpretive guidance and.
Town of Appleton Development Regulations 2017
123
DEFINITIONS
ACCESS
'"""' means a way used or intended to be used by vehicles, pedestrians or animals in order to go
from a street to adjacent or nearby land or to go from that land to the street;
ACT ~ unless the context indicate otherwise, means the Urban and Rural Planning Act, 2000;
ADJACENT LAND means land that is contiguous to, physically touching or shares a boundary with, the
parcel of land that is the subject of an application and includes land that would be contiguous if not for a
highway, road, river or stream.
APPEAL BOARD means the appropriate Appeal Board established under the Act.
APPLICANT "" means a person who has applied to an authority for an approval or permit to carry out a
development;
AUTHORITY ~
means a council, authorized administrator or regional authority;
BUILDING '"'°'~ means
(i) a structure, erection, alteration or improvement placed on, over or under land or attached, anchored
or moored to land,
(ii) mobile structures, vehicles and marine vessels industrial and other similar uses,
(iii) a part of and fixtures on buildings referred to in subparagraphs (i) and (ii), and
(iv) an excavation of land whether or not that excavation is associated with the intended or actual
construction of a building or thing referred to in subparagraphs (i) to (iii);
BUILDING HEIGHT "'===- means the vertical distance, measured in metres from the established grade to
the
(i) highest point of the roof surface of a flat roof,
(ii) deck line of a mansard roof, and
(ii) mean height level between the eave and the ridge of a gable, hip or gambrel roof, and in any case, a
building height shall not include mechanical structure, smokestacks, steeples and purely ornamental
structures above a roof;
Town of Appleton Development Regulations 2017
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H - HEIGHl OF 5UILDING
BUILDING LINE -~ means a line established by an authority that runs parallel to a street line and is set
a the closest point to a street that a building may be placed;
BUILDING CONTROL LINE means a conceptual line paralleling the centre line of a Protected Road at a
distance perpendicular to the road in order to delineate the area for the application of these
regulations; a Protected Road is a road designated under the Protected Road Zoning Regulations, 1996
under the Urban and Rural Planning Act, 2000;
BOARD -·11J!r~·-
1 except in Part IX [of the Urban and Rural Planning Act, 2000], means an appeal board
established under Section 40;
~
COUNCIL ~:....
unless the context indicates otherwise, means a town council continued or
incorporated under this Act [Municipalities Act, 1999) and a regional council continued or incorporated
under this Act;
~
COURT '.!,';'.;,":' unless the context indicates otherwise, means the Trial Division;
DECK means a raised structure that has a walking surface within one storey of the established grade at
the ground level of that face of the building, which may or may not be attached to a main building,
which does not have a permanent roof.
"
DEPARTMENT 'ii;;;., means the department presided over by the minister responsible for the Urban
and Rural Planning Act;
Town of Appleton Development Regulations 2017
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,:.
DEVELOPMENT · :.:~.
means the carrying out of building, engineering, mining or other operations in,
on, over or under land, or the making of a material change in the use, or the intensity of use of land,
buildings or premises and the:
(i) making of an access onto a highway, road or way,
(ii) erection of an advertisement or sign,
(iii) construction of a building,
(iv) parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or as an office, or
for living accommodation,
and excludes the
(v) carrying out of works for the maintenance, improvement or other alteration of a building, being
works which affect only the interior of the building or w hich do not materially affect the external
appearance or use of the building,
(vi) carrying out by a highway authority of works required for the maintenance or improvement of a
road, being works carried out on land within the boundaries of the road reservation,
(vii) carrying out by a local authority or statutory undertakers of works for the purpose of inspecting,
repairing or renewing sewers, mains, pipes, cables or other apparatus, including the breaking open of
street or other land for that purpose, and
(viii) use of a building or land within the courtyard of a dwelling house for a purpose incidental to the
enjoyment of the dwelling house as a dwelling;
DEVELOPMENT REGULATIONS '""'::::; means these regulations and regulations and by-laws respecting
development that have been enacted by the relevant authority; and development regulations
means regulations made under Sections 34 to 38 [of the Urban and Rural Planning Act, 2000);
DISCRETIONARY USE ~
means a use that is listed within the discretionary use classes established in
the use zone tables of an authority's development regulations;
DWELLING UNIT: means a self-contained unit consisting of one or more habitable rooms used or
designed as an independent and separate housekeeping establishment or living quarters for one
household, including kitchen and sitting, sleeping and sanitary facilities, which is used permanently or
semi-permanently; and does not include a coach or rail car, mobile home, or any vehicle.
ESTABLISHED GRADE -:::;:, means,
(i) where used in refer.ence to a building, the average elevation of the finished surface of the ground
where it meets the exterior or the front of that building exclusive of any artificial embankment or
entrenchment, or
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(ii) where used in reference to a structure that is not a building, the average elevation of the finished
grade of the ground immediately surrounding the structure, exclusive of any artificial embankment or
entrenchment;
Estr1blished Gr;ide
EB
Grade
_,T _________
-<___,.
:::C:-
-----------
FLOOR AREA ~
means the total area of all floors in a building measured to the outside face of
exterior walls;
FRONTAGE
~ means the horizontal distance between side lot lines measured at the building line;
STREET
STREET ROW LINE
FRONTAGE
I,
- I FRO!!!.!.. ~
LINE
I LOT WIDTH I
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LAND
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includes land covered by water and buildings and structures on, over, under the soil and
fixtures that form part of those buildings and structures;
LOT "'~ means a plot, tract or parcel of land which can be considered as a unit of land for a particular
use or building;
LOT AREA ~
means the total horizontal area within the lines ofthe lot;
Tqwn of Appleton Development Regulations 2017
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LOT COVERAGE
__, means the combined area of all building on a lot measured at the level of the
lowest floor above the established grade and expressed as a percentage of the total area of the lot;
MINISTER
-,!1,':" means the minister appointed under the Executive Council Act;
,.
MUNICIPALITY -~~:.~ includes a town or a region [as defined in the Municipalities Act, 1999];
NON-CONFORMING USE ~
means a legally existing use that is not listed as a permitted or
discretionary use for the use zone in which it is located or which does not meet the development
standards for that use zone;
NUISANCE means anything that is obnoxious, offensive or interferes with the use or enjoyment of
property, endangers personal health or safety, or is offensive to the senses. This could include that
which creates or is liable to create a nuisance through emission of noise, smoke, dust, odour, heat, light,
fumes, fire or explosive hazard; results in the unsightly or unsafe storage of goods, salvage, junk, waste
or other materials; poses a hazard to health and safety; or adversely affects the amenities of the
neighbourhood or interferes with the rights of neighbours to the normal use and enjoyment of any land
or building;
OWNER :::::. means a person or an organization of persons owning or having the legal right to use the
land under consideration;
PERMITTED USE ""!::::. means a use that is listed within the permitted use classes set out in the use zone
tables of an authority's development regulations;
~
PLAN, -J,:..;.- unless the context indicates otherwise, means a regional plan and a municipal plan
established under Section 8 or 10; {Urban and Rural Planning Act, 2000);
~
PLANNING AREA "1:=.;,"" , unless the context indicates otherwise, means a regional planning area and a
municipal planning area established under Sections 6 and 11;
PROHIBITED USE ~
means a use that is not listed in a use zone within the permitted use classes or
discretionary use classes or a use that an authority specifies as not permitted within a use zone;
RECREATION VEHICLE OR RECREATIONAL TRAILER means a vehicle or portable structure designed to
provide temporary living accommodation which is either self-propelled or mounted on, or pulled by
another vehicle, and includes a travel/holiday trailer, camper trailer, truck camper, motorhome, fifth
wheel trailer, tent trailer, travel trailer, camper van or recreational trailer or other similar vehicle, but
not a mobile home or mini-home. A converted bus is not a recreation vehicle;
REGION "-1,::,'.
means a region as defined in the Municipalities Act, 1999;
REGIONAL AUTHORITY -1:t... means a regional authority established under Section 7 of the Act;
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scheme - .. !.
means a scheme established under Section 29 of the Act;
SIGN ~
means a word, letter, model, placard, board, device or representation, whether illuminated
or not, in the nature of or employed wholly or in part for the purpose of advertisement, announcement
or direction and excludes those things employed wholly as a memorial, advertisements of local
government, utilities and boarding or similar structures used for the display of advertisements;
STREET ~~ means a street, road, highway or other way designed for the passage of vehicles and
pedestrians and which is accessible by fire department and other emergency vehicles;
STREET LINE
-::. means the edge of a street reservation as defined by the authority having jurisdiction;
..
SUBDIVISION -.~~ means the dividing of land, whether in single or joint ownership into 2 or more
pieces for the purpose of development;
~
TOWN ~
means a town as defined in the Municipalities Act, 1999;
USE -~ means a building or activity situated on a lot or a development permitted on a lot;
USE ZONE OR ZONE -.::;:; means an area of land including buildings and water designated on the zoning
map to which the uses, standards and conditions of a particular use zone table apply;
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VARIANCE
.....:. means a departure, to a maximum of 10% from the yard, area, lot coverage, setback,
size, height, frontage or any other numeric requirement of the applicable Use Zone Table of the
authority's regulations;
Y~RDS- (sometimes called lot lines) refer to the diagram below for an illustration of the following
def initions:
-
FRONT YARD DEPTH otherwise called the building line or front yard setback, means setback
from the street that the building is fronting on, shown as the front yard setback in the drawing
below; note that the development controls indicate side yard and rear yard setbacks from the
boundaries of the property;
-
REAR YARD DEPTH -:::::. means the distance between the rear lot line and the rear wall of the
main building on a lot;
-
SIDE YARD DEPTH ~~ means the distance between the side lot line and the nearest side wall
of a building on the lot;
Town of Appleton Development Regulations 2017
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-· ·- ··-t·-· ·-
·1
I Lol Lines I
-;
Side yard setback
I.-··-··-··-··
Rear Yard
Setback
Foundation
Line
ZONING MAP °";::::; means the map or maps attached to and forming a part of the authority's
regulations.
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APPENDIX 2: MINISTER'S DEVELOPMENT REGULATIONS
-
UNDER THE URBAN AND RURAL PLANNING ACT, 2000
Town of Appleton Development Regulations 2017
131
This is an official version.
Copyright © 2006: Queens Printer,
St. John's, Newfoundland and Labrador, Canada
Important Information
{Includes details about the availability of printed and electronic versions of the Statutes.)
Table of Regulations
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NEWFOUNDLAND AND LABRADOR
REGULATION 3/01
Development Regulations
under the
Urban and Rural Planning Act, 2000
(Filed January 2, 2001)
Under the authority of section 36 of the Urban and Rural Planning Act, 2000, I make the
following regulations.
Dated at St. Johns, January 2, 200 I.
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1 Definmons
3 Apphcauon
4
lmerpremuon
5 Nouce of nghl 10 appeal
6
Appeal rcgu1rcmcnts
Town of Appleton Development Regulations 2017
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
Analysis
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7 /\ppeal rcctStrallon
8 Developmeni 11roh1b11cd
l)
I fcann-1 notice and mcetm~
10 Hean nu of evidence
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Board decision
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Variances
13 Noucc of vanance
1-1
Restdenual non conformttv
15 Noucc and heanno~ on chanc£ of u,.:
16 Non-conformance wtth stanJardl,
17 Dtscontmuance ofnon-confom1ml! use
18 Delegation of 122wers
19 Commencement
Short title
l. These regulations may be cited as the Development Regulations.
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Definitions
2. In these regulations,
(a) "Act", unless the context indicate otherwise, means the Urban and Rural Planning Act,
2000;
(b) "applicant" means a person who has applied to an authority for an approval or permit to
carry out a development;
(c) "authority" means a council, authorized administrator or regional authority; and
(d) "development regulations" means these regulations and regulations and by-laws
respecting development that have been enacted by the relevant authority_
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Application
3. (I) These regulations shall be included in the development regulations of an authority and
shall apply to all planning areas.
(2) Where there is a conflict between these regulations and development regulations or other
regulations of an authority, these regulations shall apply.
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(3) Where another Act of the province provides a right of appeal to the board, these
regulations shaJI apply to that appeal.
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Interpretation
4. (I) In development regulations and other regulations made with respect to a planning area the
following terms shall have the meanings indicated in this section
(a) "access" means a way used or intended to be used by vehicles, pedestrians or animals in
order to go from a street to adjacent or nearby land or to go from that land to the street;
(b) "accessory building" includes
(i) a detached subordinate building not used as a dwelling, located on the same lot as
the main building to which it is an accessory and which has a use that is customarily
incidental or complementary to the main use of the building or land,
(ii) for residential uses, domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for domestic
pets or radio and television antennae,
(iii) for commercial uses, workshops or garages, and
(iv) for industrial uses, garages, offices, raised ramps and docks;
(c) "accessory use" means a use that is subsidiary to a permitted or discretionary use and that
is customarily expected to occur with the permitted or discretionary use;
(d) "building height" means the vertical distance, measured in metres from the established
grade to the
(i) highest point of the roof surface of a flat roof,
(ii) deck line of a mansard roof, and
(iii) mean height level between the eave and the ridge of a gable, hip or gambrel roof,
and in any case, a building height shall not include mechanical structure, smokestacks,
steeples and purely ornamental structures above a roof;
(e) "building line" means a line established by an authority that runs parallel to a street line
and is set at the closest point to a street that a building may be placed;
(f) "discretionary use" means a use that is listed within the discretionary use classes
established in the use zone tables of an authoritys development regulations;
(g) "established grade" means,
(i) where used in reference to a building, the average elevation of the finished surface
of the ground where it meets the exterior or the front of that building exclusive of any
artificial embankment or entrenchment, or
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(ii) where used in reference to a structure that is not a building, the average elevation of
the finished grade of the ground immediately surrounding the structure, exclusive of
any artificial embankment or entrenchment;
(h) "floor area" means the total area of all floors in a building measured to the outside face
of exterior walls;
(i) "frontage" means the horizontal distance between side lot lines measured at the building
line;
U) "lot" means a plot, tract or parcel of land which can be considered as a unit of land for a
particular use or building;
(k) "lot area" means the total horizontal area within the lines of the lot;
(I) "lot coverage" means the combined area of all building on a lot measured at the level of
the lowest floor above the established grade and expressed as a percentage of the total area
of the lot;
(m) "non-conforming use" means a legally existing use that is not .listed as a permitted or
discretionary use for the use zone in which it is located or which does not meet the
development standards for that use zone;
(n) "owner" means a person or an organization of persons owning or having the legal right
to use the land under consideration;
(o) "permitted use" means a use that is listed within the permitted use classes set out in the
use zone tables of an authoritys development regulations;
{p) "prohibited use" means a use that is not listed in a use zone within the permitted use
classes or discretionary use classes or a use that an authority specifies as not permitted
within a use zone;
(q) "sign" means a word, letter, model, placard, board, device or representation, whether
illuminated or not, in the nature of or employed wholly or in part for the purpose of
advertisement, announcement or direction and excludes those things employed wholly as a
memorial, advertisements of local government, utilities and boarding or similar structures
used for the display of advertisements;
( r) "rear yard depth" means the distance between the rear lot 1 ine and the rear wall of the
main building on a lot;
(s) "side yard depth" means the distance between the side lot line and the nearest side wall
of a building on the lot;
(t) "street" means a street, road, highway or other way designed for the passage of vehicles
and pedestrians and which is accessible by fire department and other emergency vehicles;
(u) "street line" means the edge of a street reservation as defined by the authority having
jurisdiction;
(v) "use" means a building or activity situated on a lot or a development permitted on a lot;
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(w) "use zone" or ''zone" means an area of land including buildings and water designated on
the zoning map to which the uses, standards and conditions of a particular use zone table
apply;
(x) "variance" means a departure, to a maximum of 10% from the yard, area, lot coverage,
setback, size, height, frontage or any other numeric requirement of the applicable Use
Zone Table of the authoritys regulations; and
(y) "zoning map" means the map or maps attached to and forming a part of the authoritys
regulations.
(2) An authority may, in its discretion, determine the uses that may or may not be developed
in a use zone and those uses shall be listed in the authoritys regulations as discretionary, permitted or
prohibited uses for that area.
Notice of right to appeal
S. Where an authority makes a decision that may be appealed under section 42 of the Act, that
authority shall, in writing, at the time of making that decision, notify the person to whom the
decision applies of the
(a) persons right to appeal the decision to the board;
(b) time by which an appeal is to be made;
(c) right of other interested persons to appeal the decision; and
(d) manner of making an appeal and the address for the filing of the appeal.
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Appeal requirements
6. ( 1) The secretary of the board at the Department of Municipal and Provincial A ff airs, Main
Floor, Confederation Building (West Block), P.O. Box 8700, St. Johns, Nfld., Al B 416 is the
secretary to all boards in the province and an appeal filed with that secretary within the time period
referred to in subsection 42{4) of the Act shall be considered to have been filed with the appropriate
board.
(2) Notwithstanding subsection ( I), where the City of Comer Brook , City of Mount Pearl or
City of St. Johns appoints an appeal board under subsection 40(2) of the Act, an appeal shall be filed
with the secretary of that appointed board.
(3) The fee required under section 44 of the Act shall be paid to the board that hears the
decision being appealed by filing it with the secretary referred to in subsection ( 1) or (2) within the
14 days referred to in subsection 42(4) of the Act.
(4) The board that hears the decision being appealed shall, subject to subsection 44(3) of the
Act, retain the fee paid to the board.
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(5) Where an appeal of a decision and the required fee is not received by a board in
accordance with this section and Part VI of the Act, the right to appeal that decision shall be
considered to have been forfeited.
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Appeal registration
7. ( 1) Upon receipt of an appeal and fee as required under the Act and these regulations, the
secretary of the board as referred to in subsections 6( I) and (2), shall immediately register the appeal.
(2) Where an appeal has been registered the secretary of the board shall notify the
appropriate authority of the appeal and shall provide to the authority a copy of the appeal and the
documentation related to the appeal.
(3) Where an authority has been notified of an appeal that authority shall forward to the
appropriate board a copy of the application being appealed, all correspondence, council minutes,
plans and other relevant information relating to the appeal including the names and addresses of the
applicant and other interested persons of whom the authority has knowledge.
(4) Upon receipt of the information under subsection (3), the secretary of the board shaU
publish in a newspaper circulated in the area of the appropriate authority, a notice that the appeal has
been registered.
(5) A notice published under subsection (4) shall be published not fewer than 2 weeks
before the date upon which the appeal is to be heard by the board.
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Development prohibited
8. ( I) Immediately upon notice of the registration of an appeal the appropriate authority shall
ensure that any development upon the property that is the subject of the appeal ceases.
(2) Sections 102 and l 04 of the Act apply to an authority acting under subsection (I).
(3) Upon receipt of a notification of the registration of an appeal with respect to an order
under section I 02 of the Act, an authority shall not carry out work related to the matter being
appealed.
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Hearing notice and meetings
9. (I) A board shall notify the appellant., applicant, authority and other persons affected by the
subject of an appeal of the date, time and place for the appeal not fewer than 7 days before the date
scheduled for the hearing of the appeal.
(2) A board may meet as often as is necessary to conduct its work in an expeditious manner.
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Hearing of evidence
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JO. ( I) A board shall meet at a place within the area under its jurisdiction and the appellant and
other persons notified under subsection 9( 1) or their representative may appear before the board and
make representations with respect to the matter being appealed.
(2) A board shall hear an appeal in accordance with section 43 of the Act and these
regulations.
(3) A written report submitted under subsection 43(2) of the Act respecting a visit to and
viewing of a property shall be considered to have been provided in the same manner as evidence
directly provided at the hearing of the board.
( 4) In the conduct of an appeal hearing, the board is not bound by the rules of evidence.
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Board decision
1 I. A decision of the board must comply with the plan, scheme or development regulations that
apply to the matter that has been appealed to that board.
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Variances
12. ( I) Where ao approval or permit cannot be given by an authority because a proposed
development does not comply with development standards set out in development regulations, an
authority may, in its discretion, vary the applicable development standards to a maximum of 10% if,
in the authoritys opinion, compliance with the development standards would prej udice the proper
development of the land, building or structure in question or would be contrary to public interest.
(2) An authority shall not allow a variance from development standards set out in
development regulations if that variance, when considered together with other variances made or to
be made with respect to the same land, building or structure, would have a cumulative effect that is
greater than a I 0% variance even though the individual variances are separately no more than I 0%.
(3) An authority shall not permit a variance from development standards where the proposed
development would increase the non conformity of an existing development.
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Notice of variance
13. Where an authority is to consider a proposed variance, that authority shall give written notice
of the proposed variance from development standards to all persons whose land is in the immediate
vicinity of the land that is the subject of the variance.
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Residential non conformity
14. A residential building or structure referred to in paragraph I 08(3 )(g) of the Act must, where
being repaired or rebuilt, be repaired or rebuilt in accordance with the plan and development
regulations applicable to that building or structure.
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Notice and hearings on change of use
15. Where considering a non conforming building, structure or development under paragraph
I 08(3)(d) of the Act and before making a decision to vary an existing use of that non-conforming
building, structure or development, an authority, at the applicants expense, shall publish a notice in a
newspaper circulating in the area or by other means give public notice of an application to vary the
existing use of a non-conforming building, structure or development and shall consider any
representations or submissions received in response to that advertisement.
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Non-conformance with standards
16. Where a building, structure or development does not meet the development standards
included in development regulations, the building, structure or development shall not be expanded if
the expansion would increase the non-conformity and an expansion must comply with the
development standards applicable to that building, structure or development.
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Discontinuance of non-conforming use
17. An authority may make development regulations providing for a greater period of time than
is provided under subsection I 08(2) of the Act with respect to the time by which a discontinued non-
conforming use may resume operation.
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Delegation of powers
18. An authority shall, where designating employees to whom a power is to be delegated under
subsection 109(3) of the Act, make that designation in writing.
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Commencement
19. These regulations shall be considered to have come into force on January 1, 2001 .
© Earl G. Tucker, Queen's Printer
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APPENDIX 3: LAND USE ZONING MAPS
Town of Appleton Development Regulations 2017
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