Arnold's Cove Development Regulations 2010 (With Consolidated Amendments to July 5, 2013)
Arnold's Cove, Newfoundland and Labrador
· adopted 2010-08-06
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ARNOLD'S COVE
DEVELOPMENT REGULATIONS 2010
Published in Newfoundland Gazette: August 6, 2010
WITH CONSOLIDATED AMENDMENTS
UPDATED AS OF JULY 5, 2013
Contents
TOWN OF ARNOLD'S COVE MUNICIPAL PLAN (DEVELOPMENT REGULATIONS) .............................................. 9
APPLICATION ..................................................................................................................................................... 9
1.
Short Title .............................................................................................................................................. 9
2.
Interpretation ....................................................................................................................................... 9
3.
Commencement ................................................................................................................................... 9
4.
Development Regulations Under the Urban and Rural Planning Act 2000 - "Ministerial
Regulations" .................................................................................................................................................. 9
5.
Municipal Code and Regulations .......................................................................................................... 9
6.
Town ..................................................................................................................................................... 9
PART I - GENERAL REGULATIONS ...................................................................................................................... 2
7.
Compliance With Regulations ............................................................................................................... 2
8.
Permit Required .................................................................................................................................... 2
9.
Permit to be Issued ............................................................................................................................... 2
10.
Permit Not to be Issued in Certain Cases ......................................................................................... 2
11.
Discretionary Powers of Town .......................................................................................................... 2
12.
Variances by Town ............................................................................................................................ 3
13.
Service Levy ....................................................................................................................................... 3
14.
Financial Guarantees by Developer .................................................................................................. 4
15.
Dedication of Land for Public Use ..................................................................................................... 4
16.
Reinstatement of Land...................................................................................................................... 5
17.
Form of Application .......................................................................................................................... 5
18.
Register of Application ...................................................................................................................... 5
19.
Deferment of Application ................................................................................................................. 5
20.
Approval in Principle ......................................................................................................................... 6
21.
Development Permit ......................................................................................................................... 6
22.
Reasons for Refusing Permit ............................................................................................................. 7
23.
Notice of Application ........................................................................................................................ 8
24.
Right of Entry .................................................................................................................................... 8
25.
Record of Violations .......................................................................................................................... 8
26.
Stop Work Order and Prosecution ................................................................................................... 8
27.
Appeals ............................................................................................................................................. 8
PART II - GENERAL DEVELOPMENT STANDARDS ............................................................................................ 10
28.
Access Ramps .................................................................................................................................. 10
29.
Accesses and Service Streets .......................................................................................................... 10
30.
Accessory Buildings ......................................................................................................................... 10
31.
Accessory Uses ................................................................................................................................ 11
32.
Advertisements and Signs ............................................................................................................... 12
33.
Advertisements Exempt from Control ............................................................................................ 14
34.
Advertisements - Temporary and/or Portable Signs ...................................................................... 15
35.
Advertisements and Signs near Highways ...................................................................................... 15
36.
Advertisements Relating to Onsite Uses ......................................................................................... 16
37.
Advertisements Relating to Offsite Uses ........................................................................................ 16
38.
Agriculture ...................................................................................................................................... 16
39.
Archaeological Resources and Heritage Sites and Areas ................................................................ 17
40.
Bed and Breakfast, Boarding House ............................................................................................... 17
41.
Buffers - Non-Residential ................................................................................................................ 18
42.
Building Line and Setback ............................................................................................................... 18
43.
Buildings on a Lot ............................................................................................................................ 18
44.
Campground ................................................................................................................................... 19
45.
Child Care ........................................................................................................................................ 19
46.
Comprehensive Development ........................................................................................................ 19
47.
Decks ............................................................................................................................................... 20
48.
Discretionary Use Classes ............................................................................................................... 20
49.
Entrance and Window Wells .......................................................................................................... 20
50.
Family and Group Care Centres ...................................................................................................... 20
51.
Fences ............................................................................................................................................. 21
52.
Forestry ........................................................................................................................................... 23
53.
Height Exceptions ........................................................................................................................... 23
54.
Home Business ................................................................................................................................ 23
55.
Lot Area ........................................................................................................................................... 24
56.
Lot Area and Size Exceptions .......................................................................................................... 24
57.
Lot Frontage .................................................................................................................................... 24
58.
Mineral Exploration ........................................................................................................................ 25
59.
Mineral Working ............................................................................................................................. 25
60.
Nalcor Corridor (NAL) ...................................................................................................................... 28
61.
Non-Conforming Uses ..................................................................................................................... 28
62.
Offensive and Dangerous Uses ....................................................................................................... 29
63.
Parks and Playgrounds and Conservation Uses .............................................................................. 29
64.
Protected Road Zoning Plan ........................................................................................................... 29
65.
Public Services and Public Utilities .................................................................................................. 30
66.
Road Frontage ................................................................................................................................. 30
67.
Screening and Landscaping ............................................................................................................. 30
68.
Service Stations ............................................................................................................................... 30
69.
Site Development and Subdivision Development ........................................................................... 31
70.
Site Development - Fill and Landscaping Permit Requirements .................................................... 31
71.
Site Development - Quarry and Soil Removal ................................................................................ 31
72.
Site Development - Slope Greater than 15 Percent or 20 Percent ................................................ 32
73.
Street Construction Standards ........................................................................................................ 32
74.
Subsidiary Apartments .................................................................................................................... 33
75.
Subsidiary Dwelling ......................................................................................................................... 33
76.
Trail Corridors ................................................................................................................................. 33
77.
Unserviced Development ............................................................................................................... 34
78.
Unsubdivided Land ......................................................................................................................... 34
79.
Waterways and Wetlands ............................................................................................................... 34
80.
Windmills, Wind Turbines, Alternate Energy Sources .................................................................... 36
PART III - SUBDIVISION OF LAND .................................................................................................................... 38
81.
Permit Required .............................................................................................................................. 38
82.
Building Permits Required .............................................................................................................. 38
83.
Subdivision Subject to Zoning ......................................................................................................... 38
84.
Issue of Permit Subject to Considerations ...................................................................................... 38
85.
Concept Plan and Final Plan - Approval ......................................................................................... 39
86.
Developer to Pay Engineer's Fees and Charges .............................................................................. 39
87.
Payment of Service Levies and Other Charges ............................................................................... 39
88.
Construction and Town Engineer Costs Guarantees ...................................................................... 40
89.
Services to be Provided ................................................................................................................... 40
90.
Building Lines .................................................................................................................................. 40
91.
Land for Public Open Space ............................................................................................................ 40
92.
Structure in Street Reservation....................................................................................................... 41
93.
Subdivision Design Standards ......................................................................................................... 41
94.
Engineer to Design Works and Certify Construction Layout ........................................................... 43
95.
Street Works May Be Deferred ....................................................................................................... 43
96.
Transfer of Streets and Utilities to Town ........................................................................................ 44
97.
Restriction on Sale of Lots .............................................................................................................. 44
98.
Grouping of Buildings and Landscaping .......................................................................................... 44
99.
Subdivision Policy and Agreement .................................................................................................. 45
PART IV - USE ZONES....................................................................................................................................... 46
100.
Use Zones ........................................................................................................................................ 46
101.
Use Classes ...................................................................................................................................... 46
102.
Permitted Uses ............................................................................................................................... 46
103.
Discretionary Uses .......................................................................................................................... 46
104.
Uses Not Permitted - Prohibited Uses ............................................................................................ 47
SCHEDULE A DEFINITIONS .............................................................................................................................. 48
SCHEDULE B .................................................................................................................................................... 59
CLASSIFICATION OF USES OF LAND AND BUILDINGS ...................................................................................... 59
SCHEDULE C - USE ZONE TABLES .................................................................................................................... 65
USE ZONE TABLE -RESIDENTIAL (R) ZONE ....................................................................................................... 66
1.
Municipal Services .................................................................................................................................. 67
2.
Commercial and Public, Agriculture and Other Non-Residential Development ....................................... 67
3.
Home Business Accessory Use ................................................................................................................ 67
USE ZONE TABLE - RURAL RESIDENTIAL (RR) ZONE ....................................................................................... 68
1.
Development Standards ......................................................................................................................... 68
2.
Lot Area and Frontage - Unserviced Development ................................................................................ 68
3.
Lot Area and Frontage - Semi-serviced Development ........................................................................... 69
4.
Infilling Adjustment - Lot Area and Frontage - Unserviced and Semi-serviced Development ................. 69
5.
Commercial and Public, Agriculture and Other Non-Residential Development ....................................... 69
6.
Home Business Accessory Use ................................................................................................................ 70
7.
Outdoor Storage ..................................................................................................................................... 70
USE ZONE TABLE - MIXED DEVELOPMENT (MD) ZONE .................................................................................. 71
1.
Municipal Services .................................................................................................................................. 71
2.
Development Standards - Residential Uses ........................................................................................... 71
3.
Development Standards - Non-Residential Uses ................................................................................... 71
4.
Commercial, Public, Agriculture and Other Non-Residential Development ........................................... 72
5.
Home Business Accessory Use ................................................................................................................ 72
6.
Outdoor Storage ..................................................................................................................................... 72
USE ZONE TABLE -COMMERCIAL (COM) ZONE ............................................................................................... 73
1.
Municipal Services .................................................................................................................................. 73
2.
Development Standards ......................................................................................................................... 73
3.
Outdoor Storage ..................................................................................................................................... 74
4.
Agriculture............................................................................................................................................... 74
5.
General Industry and Light Industry, Recycling and Waste Transfer ...................................................... 74
USE ZONE TABLE - INDUSTRIAL (IND) ZONE ................................................................................................... 75
2.
Municipal Services .................................................................................................................................. 75
3.
Catering ................................................................................................................................................... 76
4.
Hazardous Industry ................................................................................................................................. 76
USE ZONE TABLE - COMMUNITY SERVICE (CS) ZONE ..................................................................................... 77
1.
Municipal Services .................................................................................................................................. 77
2.
Development Standards ......................................................................................................................... 77
USE ZONE TABLE RURAL (RU) ZONE ................................................................................................................ 78
1.
General Development Standards ............................................................................................................ 78
2.
Other Conditions ..................................................................................................................................... 78
(2)
General Industry ................................................................................................................................. 78
(3)
Scrap Yard ........................................................................................................................................... 79
(3)
Single Dwelling .................................................................................................................................... 79
(4)
Solid Waste Disposal ........................................................................................................................... 79
USE ZONE TABLE - ENVIRONMENTAL PROTECTION (EP) ZONE ...................................................................... 80
2.
Parts I, II, III and IV and Schedules A, B, and D of the Development Regulations .................. 80
USE ZONE TABLE- PROTECTED PUBLIC WATER SUPPLY (PPWS) ZONE ........................................................... 81
2.
Activities Not Permitted in a Designated Area ........................................................................................ 81
3.
Activities Regulated in a Designated Area .............................................................................................. 82
4.
Approval Process ..................................................................................................................................... 83
5.
Buffer Zones ............................................................................................................................................ 84
6.
Forestry ................................................................................................................................................... 84
USE ZONE TABLE -HIGHWAY (HWY) ZONE ...................................................................................................... 85
SCHEDULE D .................................................................................................................................................... 86
99
TOWN OF ARNOLD'S COVE MUNICIPAL PLAN
(DEVELOPMENT REGULATIONS)
APPLICATION
These Regulations may be cited as the Arnold's Cove Development Regulations.
1. Short Title
These Regulations may be cited as the Arnold's Cove Development Regulations/
2. Interpretation
(1)
Words and phrases used in these Regulations shall have the meanings
ascribed to them in Schedule A.
(2)
Words and phrases not defined in Schedule A shall have the meanings
which are commonly assigned to them in the context in which they are used
in the Regulations.
3. Commencement
These Regulations come into effect throughout the Arnold's Cove Municipal
Planning Area, hereinafter referred to as the Planning Area, on the date of
publication of a notice to that effect in the Newfoundland Gazette.
4. Development Regulations Under the Urban and Rural Planning Act 2000 -
"Ministerial Regulations"
The Ministerial Regulations enacted under Section 36 of the Act shall apply to
development within the Planning Area. Where there is conflict between these and
the Arnold's Cove Development Regulations, the Ministerial Regulations shall
prevail. The Ministerial Regulations are included with the Arnold's Cove
Development Regulations.
5. Municipal Code and Regulations
The Building Code including the Plumbing Code, the Fire Code, the Electrical Code,
and any other ancillary code and any Building Regulations, Waste Disposal
Regulation and/or any other municipal regulations regulating or controlling the
development, conservation and use of land in force in the Town of Arnold's Cove,
shall, under these Regulations apply to the entire Planning Area.
6. Town
In these Regulations, "Town" means the Council of the Town of Arnold's Cove.
Town of Arnold's Cove
Development Regulations 2010
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PART I - GENERAL REGULATIONS
PART I - GENERAL REGULATIONS
7. Compliance With Regulations
No development shall be carried out within the Planning Area except in accordance
with these Regulations.
8. Permit Required
No person shall carry out any development within the Planning Area except where
otherwise provided in these Regulations unless a permit for the development has
been issued by the Town.
9. Permit to be Issued
Subject to Regulations 10 and 11, a permit shall be issued for development within
the Planning Area that conforms to the requirements of these regulations.
10. Permit Not to be Issued in Certain Cases
Neither a permit nor approval in principle shall be issued for development within the
Planning Area when, in the opinion of the Town, 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 the Town and such cost shall attach to and upon the
property in respect of which it is imposed.
11. Discretionary Powers of Town
a. In considering an application for a permit or for approval in principle to carry
out development, the Town shall take into account the policies expressed in
the Municipal Plan and any further scheme, plan or regulations pursuant
thereto, 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, the Town 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.
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Development Regulations 2010
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PART I - GENERAL REGULATIONS
b. Except when it considers that a proposed use is similar to a permitted or
discretionary use and the proposed use is in accordance with the intent of
the Municipal Plan and the applicable zone under Schedule C, the exercise
of discretionary powers under this Regulation does not enable the Town to
permit the development of a use that is not set out as a permitted use or
discretionary use under Schedule C.
12. Variances by Town
See Ministerial Development Regulations, Section 12.
a. Where an approval or a permit cannot be given by the Town because a
proposed development does not comply with development standards set out
in these Regulations, the Town may, in its discretion, vary the applicable
development standards to a maximum of 10%, if, in the Town'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 the public interest.
b. The Town shall not allow a variance from development standards set out in
these 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 10% variance
even though the individual variances are separately not greater than 10%.
c. The Town shall not permit a variance from the development standards where
the proposed development would increase the non conformity of an existing
development.
d. Public Notice - When a variance is necessary under this Regulation, the
Town shall, at the expense of the applicant, give written notice to the
property owners in the immediate vicinity of the proposed variance.
13. Service Levy
a. The Town 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 property is enhanced by the carrying out of public
works either on or off the site of the development.
Town of Arnold's Cove
Development Regulations 2010
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PART I - GENERAL REGULATIONS
b. A service levy shall not exceed the cost, or estimated cost, including finance
charges to the Town of constructing or improving the public works referred
to in Regulation 13(1) that are necessary for the real property to be
developed in accordance with the standards required by the Town and for
uses that are permitted on that real property.
c. A service levy shall be assessed on the real property based on:
i. the amount of real property benefited by the public works related to
all the real property so benefited; and,
ii. the density of development made capable or increased by the public
work.
d. The Town may require a service levy to be paid by the owner of the real
property;
i. at the time the levy is imposed;
ii. at the time development of the real property commences;
iii. at the time development of the real property is completed; or,
iv. at such other time as the Town may decide.
14. Financial Guarantees by Developer
a. The Town 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 engineering and other consultants'
fees, service levies, ensure site reinstatement, and to enforce the carrying
out of any other condition attached to a permit or licence.
b. The financial provisions pursuant to Regulation 14(1) may be made in the
form of:
i. a cash deposit from the developer, to be held by the Town, or;
ii. a guarantee by a bank, or other institution acceptable to the Town, for
expenditures by the developer, or;
iii. a performance bond provided by an insurance company or a bank, or;
iv. an annual contribution to a sinking fund held by the Town.
15. Dedication of Land for Public Use
In addition to the requirements for dedication of land under Part III (Subdivisions),
the Town may require the dedication of a percentage of the land area of any
Town of Arnold's Cove
Development Regulations 2010
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PART I - GENERAL REGULATIONS
subdivision or other development for public use, and such land shall be conveyed
to the Town in accordance with the provisions of the Act.
Unless the Town decides otherwise, such land that is dedicated for public use will
not include land that the Town requires to be set aside for stormwater management
or environmental protection, whether or not that land is located within the
Environmental Protection Zone.
16. Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased, the
Town may order the developer, the occupier of the site, or the owner or all of them
to reinstate the site, to remove all or any buildings or erections, to cover or fill all
wells or excavations, and to close all or any accesses, or to do any of these things
or all of them, as the case may be, and the developer, occupier or owner shall carry
out the order of the Town and shall put the site in a clean and sanitary condition to
the satisfaction of the Town.
17. Form of Application
a.
An application for a development permit or for approval in principle shall be
made only by the owner or by a person authorized by the owner to the Town
on such form as may be prescribed by the Town, and every application shall
include such plans, specifications and drawings as the Town may require,
and be accompanied by the permit fee required by the Town.
b. The Town shall, on request, supply to every applicant a copy of the
application forms referred to in Regulation 17(1) and a description of the
plans, specifications and drawings required to be provided with the
application.
18. Register of Application
The Town shall keep a public register of all applications for development, and shall
enter therein the Town's decision upon each application and the result of any
appeal from that decision.
19. Deferment of Application
a. The Town may, with the written agreement of the applicant, defer
consideration of an application.
Town of Arnold's Cove
Development Regulations 2010
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PART I - GENERAL REGULATIONS
b. Applications properly submitted in accordance with these Regulations which
have not been determined by the Town and on which a decision has not
been communicated to the applicant within eight weeks of the receipt thereof
by the Town, and on which consideration has not been deferred in
accordance with Regulation 19(1), shall be deemed to be refused.
20. Approval in Principle
a. The Town may grant Approval in Principle for a subdivision or any other
development if, after considering an application for approval in principle
made under these Regulations, it is satisfied that the proposed development
is, subject to the approval of detailed plans, in compliance with these
Regulations.
b. Where Approval in Principle is granted under this Regulation, it shall be
subject to the subsequent approval by the Town and other relevant
authorities or agencies of such details as may be listed in the Approval in
Principle, which shall also specify that further application for approval of
these details shall be received not later than two years from the grant of
Approval in Principle.
c. The Town may attach such conditions as it deems fit to an Approval in
Principle in order to ensure that the proposed development will be in
accordance with the purposes and intent of these Regulations and any other
pertinent regulations or statutes.
d. An Approval in Principle or conditions attached thereto is subject to appeal
under the Act.
e. Notwithstanding an Approval in Principle, no work shall commence until a
Development Permit or other permit has been issued by the Town.
21. Development Permit
a. A plan or drawing which has been approved by the Town and which bears
a mark and/or signature indicating such approval together with a permit shall
be deemed to be permission to develop land in accordance with these
Regulations but such permission shall not relieve the applicant from full
responsibility for obtaining permits or approvals under any other regulation
or statute prior to commencing the development; from having the work
carried out in accordance with these Regulations or any other regulations or
statutes; and from compliance with all conditions imposed thereunder.
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Development Regulations 2010
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PART I - GENERAL REGULATIONS
b. The Town may attach to a permit or to an Approval in Principle such
conditions as it deems fit in order to ensure that the proposed development
will be in accordance with the purposes and intent of these Regulations.
c. Where the Town deems necessary, permits may be issued on a temporary
basis for a period not exceeding two years, which may be extended in writing
by the Town for further periods not exceeding two years.
d. A permit is valid for such period, not in excess of two years, as may be
stated therein, and if the development has not commenced, the permit may
be renewed for a further period not in excess of one year, but a permit shall
not be renewed more than once, except in the case of a permit for an advert-
isement, which may be renewed in accordance with Regulation 32 of these
Regulations.
e. The approval of any application and plans or drawings or the issue of a
permit shall not prevent the Town from thereafter requiring the correction of
errors, or from ordering the cessation, removal of, or remedial work on any
development being carried out in the event that the same is in violation of
this or any other regulations or statute.
f. The Town may revoke a permit for failure by the holder of it to comply with
these Regulations or any condition attached to the permit or where the
permit was issued in error or was issued on the basis of incorrect
information.
g. No person shall erase, alter or modify any drawing or specifications upon
which a permit to develop has been issued by the Town.
h. There shall be kept available on the premises where any work, matter or
thing in being done for which a permit has been issued, a copy of the permit
and any plans, drawings or specifications on which the issue of the permit
was based during the whole progress of the work, or the doing of the matter
or thing until completion.
i. A development permit or permit or conditions attached thereto is subject to
appeal.
22. Reasons for Refusing Permit
The Town shall, when refusing to issue a permit or attaching conditions to a permit,
state the reasons for so doing.
Town of Arnold's Cove
Development Regulations 2010
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PART I - GENERAL REGULATIONS
23. Notice of Application
When a change in nonconforming use is to be considered (see also Ministerial
Regulations), or when the development proposed is listed as a discretionary use in
Schedule C of the Regulations the Town shall, at the expense of the applicant, give
notice of an application for a permit or for approval in principle, by public advertise-
ment in a newspaper circulating in the area or by any other means deemed
necessary.
When a variance is necessary under Regulation 12 (see also Ministerial
Regulations), the Town shall, at the expense of the applicant, give written notice to
the property owners in the immediate vicinity of the proposed variance.
24. Right of Entry
The Town, the Director, or any inspector 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 the Town is empowered to regulate.
25. Record of Violations
Every inspector shall keep a record of any violation of these regulations which
comes to his knowledge and report that violation to the Town.
26. Stop Work Order and Prosecution
a. Where a person begins a development contrary or apparently contrary to
these Regulations, the Town may order that person to stop the development
or work connected therewith pending final adjudication in any prosecution
arising out of the development.
b. A person who does not comply with an order made under Regulation 26(1)
is guilty of an offence under the provisions of the Act.
27. Appeals
a. See Ministerial Regulations - Sections 5 to 11.
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Development Regulations 2010
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PART I - GENERAL REGULATIONS
b. Where an appeal lodged under Section 42 of the Urban and Rural Planning
Act has been successful, the fee paid by the appellant shall be reimbursed
by the Town.
Town of Arnold's Cove
Development Regulations 2010
Page 10
PART II - GENERAL DEVELOPMENT STANDARDS
PART II - GENERAL DEVELOPMENT STANDARDS
28. Access Ramps
An access ramp for a wheel chair, may, at the discretion of the Town after
consultation with abutting property owners, be erected in a minimum front, rear or
side yard if there is no alternative means of providing the access ramp and it does
not create a safety hazard or block sight lines.
29. Accesses and Service Streets
a. Access shall be located to the specification of the Town so as to ensure the
greatest possible convenience and safety of the street system and the Town
may prescribe the construction of service streets to reduce the number of
accesses to collector and arterial streets.
b. Any access to a Provincial Highway must be approved by the Department of
Transportation and Works.
c. No vehicular access shall be closer than 10 metres to the street line of any
street intersection.
30. Accessory Buildings
See also Subsidiary Dwellings.
a. General - Accessory buildings shall be clearly incidental and complementary
to the use of the main buildings in character, use and size, and shall be
contained on the same lot as the main building or buildings.
b. Number and Lot Coverage - Up to two (2) accessory buildings can be
permitted on a lot, provided that the total lot coverage of all accessory
buildings does not exceed 10 percent and further provided that the total lot
coverage of all buildings on the lot does not exceed 33 percent.
c. Building Line Setback - The minimum building line setback (distance from
the front lot line) for an accessory building shall be the same as that for the
principal or main building(s) as set out in Schedule C, nor project in front of
the main or principal building.
Town of Arnold's Cove
Development Regulations 2010
Page 11
PART II - GENERAL DEVELOPMENT STANDARDS
d. Side Yard - The minimum sideyard for an accessory building shall be 1.5
metres, except on a flanking road, where the minimum sideyard shall be the
same as that for a main building.
e. Rear Yard - The minimum rearyard for an accessory building shall be 1.5
metres.
f. Height - The maximum height of an accessory building shall not exceed 6
metres.
DRA-2013-5 and NL Gazette.
g. Separation Between Accessory Buildings and Between Accessory Buildings
and Main Buildings - The minimum separation distance between accessory
buildings and between accessory buildings and main buildings shall be 3
metres.
h. Non-Residential Accessory Buildings are exempted from the provisions of
this Regulation. Instead, they shall comply with the building line setback and
yard requirements of Schedule C for principal or main buildings on the lot.
31. Accessory Uses
See also Schedule A - Definitions.
Subject to the other requirements of these Regulations, including those of Schedule
C, uses accessory to the permitted or discretionary use are allowed.
Subject to Schedule C, examples of accessory uses include, but are not limited to:
a)
facilities for the serving of food and alcoholic beverages in an arena or other
place of assembly, marina, or hotel (commercial - residential) and/or a gift or
souvenir shop in a museum, hotel or other establishment;
b)
a general garage attached to or forming part of a car-dealership or other
major retail-wholesale outlet;
c)
an office, convenience store and/or catering establishment in a campground;
d)
a marina, dock or wharf in a residential or other zone;
e)
an accessory dwelling, accessory dwelling unit;
f)
a business carried out in a dwelling or residential accessory building by a
resident of the dwelling;
g)
a dwelling accessory to a non-residential permitted or discretionary use - for
example, a farm dwelling or a caretaker's dwelling;
Town of Arnold's Cove
Development Regulations 2010
Page 12
PART II - GENERAL DEVELOPMENT STANDARDS
h)
a structure such as a solar panel or small wind generator used primarily for
power supply to the development - provided that all required approvals are
obtained, and the use will not create a hazard or nuisance to nearby
properties.
These accessory uses shall be clearly subsidiary to and controlled so as to be
compatible with the primary use and the use of nearby properties.
32. Advertisements and Signs
The terms "advertisement" and "sign" are interchangeable.
a. Permit Required
Unless specifically exempted, no advertisement shall be erected or displayed
in the Planning Area unless a permit for the advertisement is first obtained
from the Town, and, where necessary, from the Department of Government
Services.
b. Form of Application
Application for a permit to erect or display an advertisement shall be made
to the Town in accordance with Regulation 17.
c. Advertisements in Street Reservation
No advertisement shall be erected or displayed within, on or over any
highway or street reservation unless it is a premises sign (advertisement
relating to onsite uses) and where applicable, unless this sign has been
approved by the Town and the Department of Government Services and/or
the Department of Transportation and Works.
d. Permit Valid for Limited Period
i. A permit shall be valid for a period of one year and failure by the
applicant to initiate construction before expiration of the first permit
year shall require reapplication to the Town.
ii. Where, upon expiration of the first permit year a person wants the
continued placement of that sign, that person shall apply to the Town
for a renewed permit.
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iii. The Town may issue a renewed permit and that renewed permit shall
be valid for a period of three years, and this must subsequently be
renewed for further three year periods if the sign is to remain in place.
iv. A renewed permit shall not be issued until the Town is satisfied that
the sign has been maintained to its satisfaction and conforms to these
Regulations and the conditions attached to the permit.
e.
Removal of Advertisements
Notwithstanding the provisions of these Regulations, the Town may require
the removal of any advertisement which, in its opinion, is:
i. hazardous to road traffic by reason of its siting, colour, illumination,
maintenance or structural condition; or,
ii. detrimental to the amenities of the surrounding area.
f. Signs - Non-Conforming Uses
A permit may be used for the erection or display of 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 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 Town.
g. Prohibition
A sign shall not be erected, posted or placed:
i. where in the opinion of the Town, that sign would be hazardous to
road traffic by reason of its siting, illumination or structural condition;
ii. where in the opinion of the Town that sign would be detrimental to the
amenities of surrounding areas or length of highway or road;
iii. where that sign is not maintained to the satisfaction of the Town;
iv. within or over a highway or street intersection unless otherwise
approved by the Town for Town roads, or by the Department of
Transportation and Works for roads under Provincial jurisdiction;
v. with the exception of premises advertisements, within 300 metres, or
a distance specified by the Department of Transportation and Works,
or the Town of the intersection of two or more highways and/or for
Town roads, or from the crossing of a public road;
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vi. at a location that is objectionable to residents of the immediate area;
and
vii. on a sign erected by the Department of Transportation and Works.
h. Signs or Advertisements Not Specifically Covered
If for some reason an application is received for a sign or advertisement that
does not fall into one of the categories set out under these Regulations, then
subject to the other applicable requirements of these Regulations the Town
may approve, approve with conditions, or refuse to approve the sign or
advertisement.
33. Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area
without application to the Town:
a)
a posting of a candidate in a federal, provincial or municipal election or a
regional school board election;
b)
a temporary sign relating to federal, provincial or municipal public works;
c)
a notice required by law to be posted;
d)
a regulatory, warning, directional, guide or informational sign erected by the
Department of Transportation and Works;
e)
a sign placed by a telephone, telegraph or electric power company to
indicate danger;
f)
a sign, not exceeding 0.5 square metres, advertising the sale or rental of a
building or lot upon which the sign is located;
g)
a flag, emblem or insignia of a nation, country or province;
h)
one temporary sign related to building construction located on a site on
which the work is being carried out;
i)
on a dwelling or within the courtyard of a dwelling, one nameplate not
exceeding 0.28 m² in area;
j)
on an agricultural holding or farm, a notice board not exceeding 1.5 m² in
area and relating to the operations being conducted on the land;
k)
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;
l)
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;
m)
on a dwelling or within the courtyard of a dwelling, one nameplate not
exceeding 0.28 m² in area in connection with the practice of a business
carried on in the premises;
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n)
on any site occupied by a church, school, library, art gallery, museum,
institution or cemetery, one notice board placed no closer than 3 metres from
a street line;
o)
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;
p)
on any parking lot directional signs and one sign not exceeding 1 m² in size,
identifying the parking lot; and,
q)
a sign indicating the location of a municipal or municipal planning area
boundary, located beyond the back slope of a highway ditching.
34. Advertisements - Temporary and/or Portable Signs
A temporary and/or portable sign may be permitted in any zone for a period not
exceeding 30 consecutive days, provided the sign:
a)
does not exceed 4 square metres in area;
b)
does not create or aggravate a traffic hazard, such as by blocking a sight-
line;
c)
does not interfere with other lawful signs, including directional signs;
d)
is of a location, materials, design and colour in keeping with the character
and appearance of the area;
e)
if necessary, is approved by the Department of Government Services,
together with the Town.
The sign shall be immediately removed upon expiry of the permit.
A renewal permit for a temporary and/or portable sign may only be issued thirty
days after the expiry of the original permit.
35. Advertisements and Signs near Highways
Pursuant to Newfoundland Regulation 85/99 as amended, the Provincial
Government has designated "control lines" alongside each provincially maintained
route. These lines extend 400 metres from the highway centre lines, except that the
control area is reduced within the within Municipal Boundaries and built up areas of
incorporated communities to 100 metres from the centre line of a provincial
highway. Advertisements and signs falling within the designated control lines of any
highway must be referred to and approved or exempted by the Government
Services office serving the area.
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36. Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement,
including premises signs, on any lot or site occupied by a use permitted or existing
as a legal non-conforming use in this use zone, shall be as follows:
a)
the size, shape, illumination and material construction of the advertisement
shall meet the requirements of the Town, having regard to the safety and
convenience of users of adjacent streets and sidewalks, and the general
amenities of the surrounding area;
b)
unless it is a sign affixed to the wall or canopy of a building the
advertisement shall not exceed 5 square metres in area on any side.
37. Advertisements Relating to Offsite Uses
The conditions to be applied to 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:
a)
which advertisement shall not exceed 3 square metres in area;
b)
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;
c)
the location, siting and illumination of each advertisement shall be to the
satisfaction of the Town, having regard to the grade and alignment of streets,
the location of street junctions, the location of nearby buildings and the
preservation of the amenities of the surrounding area.
38. Agriculture
a. Agricultural uses are regulated by the Town and the Provincial Government,
subject to the Farm Practices Act and other relevant legislation. Agricultural
uses shall be approved by both the Agrifoods Branch of the Department of
Natural Resources and the Town, together with other appropriate agencies.
b.
Except for infill development any residential development within 600 metres
of structure containing more than five animal units must be referred to the
Agrifoods Branch for a recommendation. The Town shall not issue a permit
contrary to the recommendation.
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c.
Any livestock structure (barn) containing five or more animal units must be
located at least 600 metres from a non-farm dwelling, unless otherwise
determined after referral to, and upon recommendation of, the Agrifoods
Branch. The structure shall be at least 60 m from the boundary of the
property on which it is to be erected and shall be at least 90 m from the
centre line of a street. The erection of the structure shall be approved by the
Agrifoods Branch before a permit is issued by the Town.
d.
Subject to the approval of the Agrifoods Branch, including the principal farm
residence, two dwellings can be allowed on a farm provided they are located
on the same parcel of land and the second dwelling is located in such a way
as not to prejudice the farm operation.
39. Archaeological Resources and Heritage Sites and Areas
a.
If an archaeological site or historical artifacts are discovered during construc-
tion, development shall stop and the Provincial Archaeology Office of the
Department of Tourism, Culture and Recreation consulted. Development
shall not proceed until the Provincial Archaeology Office has evaluated the
site.
b.
Before approval is granted for a major development, such as a subdivision,
or a new commercial or public building, the application shall be referred to
the Provincial Archaeology Office for investigation.
c.
After proper notification and consultation, the Town may designate any
property or structure a heritage property or building and require that certain
conditions pertaining to appearance and upkeep be maintained.
d.
The Town may designate an entire area containing groupings of
archaeological and/or heritage sites a heritage area under which certain
conditions designed to protect and best develop the resources are put into
place.
40. Bed and Breakfast, Boarding House
Bed and breakfast and/or boarding house is subject to the following conditions:
a)
the proposed building has an exterior design which is sensitive to the
residential character of the surrounding area and respects the scale and
density of adjacent dwellings; and
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b)
the development is landscaped in a manner compatible with the surrounding
residential area.
41. Buffers - Non-Residential
Where any non-residential use abuts a residential use or area, the owner of the site
of the non-residential development may be required to provide a buffer strip
between any non-residential building or activity and the residential use. The buffer
shall include the provision of grass strips, hedges, trees or shrubs, or structural
barriers as may be required by the Town, and shall be maintained by the owner or
occupier to the satisfaction of the Town.
42. Building Line and Setback
a. The Town, by resolution, may establish building lines on an existing or
proposed street or service street and may require any new buildings to be
located on those building lines, whether or not such building lines conform
to the standards set out in the tables in Schedule C of these Regulations.
b. The building line setback is measured from the front property line.
c. In accordance with the Building Near Highways Regulations 1997, the
building line along Provincial highways shall not be less than that specified
under the Building Near Highways Regulations. The minimum building line
is 45 metres from the centre-lines of The Trans Canada Highway. This Trans
Canada Highway Corridor is shown as TCH on the Zoning maps.
43. Buildings on a Lot
See also Comprehensive Development.
a. More than one apartment building, double dwelling and/or row dwelling can
be allowed on a lot, provided that the requirements of Schedule C and other
parts of these regulations are satisfied. However, not more than one single
dwelling can be permitted on a lot unless it is part of a comprehensive
development.
b. Other Use Classes - two or more buildings can be erected on a lot provided
that the yard and setback and other requirements of Schedule C and other
parts of these regulations are satisfied.
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44. Campground
A plan of the campground shall be submitted in a format satisfactory to the Town,
showing and specifying the number and location of campsites and all facilities,
services, internal roads and measures for buffering and/or screening. The approved
plan, together with any other approvals and conditions shall form part of the permit.
45. Child Care
Where allowed, a child care facility shall be compatible with the residential or other
area within which it is located. In a residential area there shall be no visible
indication that such a use is occurring, except for a small identification sign. The
approval of the department of Government Services is required before a permit for
a child care facility is issued by the Town.
46. Comprehensive Development
At the discretion of the Town a comprehensive development containing two (2) or
more individual developments and at least one (1) hectare in area may be permitted
as a single comprehensive development on public or private roads and services.
While the use classes and overall density of the comprehensive development must
comply with the use zone schedule of the zone in which it is located, other
standards can be modified or waived.
The development must be compatible with adjacent development.
The comprehensive development itself must access a publicly owned and
maintained road and be connected to municipal water and sewer services.
A comprehensive development is subject to an Approval in Principle.
The Approval In Principle shall set out:
a)
the development standards to be followed for the development;
b)
the development plan with phasing and costs, showing land use, lotting and
building location, public and private open spaces and buffers, roads, water
and sewer services, and other relevant information and this development
plan shall set out the general specifications of the roads, services and other
relevant elements;
c)
the permitting requirements - what permits are required and when;
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d)
when construction drawings are to be required - in general, construction
drawings may only be required prior to the start of a phase or element of the
development plan;
e)
the responsibility for the maintenance and upgrading of services, and the
provision of other services, such as garbage collection and street lighting;
f)
the financial guarantees in respect of municipal water, sewer, road and
related works to ensure that each phase of the work will be done in
accordance with the Approval;
g)
the financial and other obligations of the parties to the agreement;
h)
the legal survey of the property.
47. Decks
An open or partially enclosed deck attached to the dwelling shall not extend into the
minimum permissible front and side yards and flanking road setback and shall not
be closer to the rear lot line than 1 metre. A deck is not included in the calculation
of lot coverage under Schedule C. Decks attached to non-dwelling buildings shall
not extend into the minimum rear yard for the use.
48. Discretionary Use Classes
The discretionary use classes listed in Schedule C may be permitted at the
discretion of the Town provided that they are complementary to uses within the
permitted use classes or that their development will not inhibit or prejudice the
existence or the development of such uses.
49. Entrance and Window Wells
An entrance well or a window well is permitted in the minimum front, rear or side
yard under Schedule C provided it does not extend more than 0.3 metres above
grade.
50. Family and Group Care Centres
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 the Town, the use of the dwelling
does not materially differ from, nor adversely affect, the amenities of the adjacent
residences, or the neighbourhood in which it is located. The Town may require
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special access and safety features to be provided for the occupants before
occupancy is permitted.
51. Fences
a. Applicability - Except as otherwise set out in Schedule C or in a Fence
Regulation adopted under the Municipalities Act, the requirements of this
Regulation shall apply to all fences.
b. Fence - For the purpose of this Regulation a fence includes a vertical
physical barrier constructed out of typical fencing materials, and includes
hedges, shrubs and landscaping features used for these purposes, and, that
portion of a retaining wall which projects above the surface of the ground
which it supports.
c. Public Authorities - The provision of these Regulations shall apply to all
public authorities except in those cases where an exception from the
Regulations is require to respond to an emergency or for a public purpose.
d. Damages - The Town shall not be liable for any damages for the repair of
any fence whatsoever where the Town, its employees or agents or otherwise
have acted without negligence. In particular, the Town shall not be liable for
any damages or repairs of any fence whatsoever during the normal operation
of snow clearing on streets or sidewalks located within the Municipal
Planning Area.
e. Order to Remove Fence - When in the opinion of the Town, a fence creates
a safety hazard or obstruction or impedes snow-clearing due to its location,
height or construction material, the Town may issue an order to the property
owner stating that the fence or portions thereof be removed, reconstructed
or repaired within a specified time in order to correct the safety hazard or
obstruction and the cost to remove, construct or repair said fence or part
thereof will be at the owner's expense. In the event that the property owner
does not remove the fence within the specified time as ordered, the Town
may remove the fence and the cost to remove, reconstruct or repair said
fence will be at the owner's expense.
f. Fence Maintenance - Every person who owns a fence shall maintain such
fence in a good state of repair. For the purpose of this Regulation, "good
state of repair" shall mean:
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i. the fence is complete and in a structurally sound condition and plumb
and securely anchored;
ii. protected by weather -resistant materials;
iii. fence components are not broken, rusted, rotten or in a hazardous
condition;
iv. all stained or painted fences are maintained free of peeling; and
v. that the fence does not present an unsightly appearance deleterious
to abutting land or to the neighbourhood.
g. Fence Materials - The material or materials used in the erection and repair
of a fence, shall only be of a type which meets the approval of the Council.
h. Fence Height - Sight Lines - Except as otherwise provided no fence shall be
erected with a height of greater than 0.75 metres above the grade of the
street line within the triangle formed by two street lines and a line connecting
two points on the two street lines located 15 metres from the point of
intersection of the two street lines where one of the streets is an arterial or
collector street, or 8 metres from the point of intersection of the two street
lines where the two streets are local streets. Also, except as otherwise
provided, no fence shall be erected with a height of greater than 0.75 metres
above the grade of the street line at the intersection of a driveway and a road
where in the opinion of the Council it impedes sight lines.
i. Maximum Height - Building Line and Street Line - Unless required for
screening or safety purposes, no fence shall be greater than 0.75 metres in
height between the building line and the street line.
j. Maximum Height - The maximum height of a fence shall not exceed 1.8
metres except where additional height is required by the Town for screening
or security, in which case the maximum height of a fence shall not exceed
2.4 metres.
k. Electrical Fence - No person shall erect an electrical fence on any land,
unless required for the containment of livestock or the protection of crops
from marauding animals.
l. Barbed Wire Fence - No person shall erect a fence consisting wholly or
partly of barbed wire or other barbed material except along the top of any
fence in excess of 2.1 metres enclosing a lot used for commercial or
industrial purposes provided the industrial or commercial lot does not abut
a residential lot or residential use zone.
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m. Snow Fence - No person shall erect or maintain a snow fence for the period
May 1st to October 31st in any year on land used for residential or commercial
purposes.
n. Swimming Pool Fence - A fence with a minimum height of 1.8 metres shall
be erected and maintained around an open swimming pool that is 300 mm
or deeper.
52. Forestry
Approvals for woodcutting or other forestry related activities must be obtained from
the provincial Department of Natural Resources - Forest Management Unit.
Before a permit is issued for development outside the built-up area of the Town
within a rural or environmental protection type of zone, the Town shall consult with
the Department of Natural Resources, Forest Management Unit to ensure that it
does not negatively affect any legal forestry activity or management.
53. Height Exceptions
The height requirements prescribed in Schedule C of these Regulations may be
waived in the case of communications masts and antennae, flagpoles, water towers,
spires, belfries, chimneys and wind turbines and similar structures - but any such
waiver which results in an increase of more than 20 percent in the permitted height
of the structure shall only be authorized under the provisions of Regulation 11.
54. Home Business
A Home Business can only be permitted as an accessory use (Regulation 31) in a
dwelling or accessory building if:
a)
the primary use of the property remains residential and the scope and
intensity of the use classes is entirely compatible with the residential uses of
the property and neighbourhood, and the business is operated by a resident
of the dwelling;
b)
one off-street parking space, other than that required for the dwelling, is
provided for every twenty (20) square metres of floor space occupied by the
home business;
c)
no mechanical equipment is used except that reasonably consistent with the
use of a dwelling;
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d)
no wholesale or retail sale of goods is externally apparent - for example, if
sale of crafts occurs it does not occur through walk-in or drive-in trade;
e)
there is no outdoor storage or display;
f)
a non-illuminated identification sign not exceeding 0.28 m2 in area shall be
permitted on the dwelling provided that the sign is consistent with residential
character of the neighbourhood;
g)
no change in the type, class or extent of the home business shall be
permitted except with the approval of the Town.
55. Lot Area
a. No lot shall be reduced in area, either by the conveyance or alienation of any
portion thereof or otherwise, so that any building or structure on such lot shall
have a lot coverage that exceeds, or a front yard, rear yard, side yard,
frontage or lot area that is less than that permitted by these Regulations for
the zone in which such lot is located.
b. 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.
56. Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots
already exist in any zone, with insufficient frontage or area to permit the owner or
purchaser of such a lot or lots to comply with the provisions of these Regulations,
then these Regulations shall not prevent the issuing of a permit by the Town 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.
57. Lot Frontage
No residential or commercial building shall be erected unless the lot on which it is
situated fronts directly onto a publicly owned and maintained street or forms part of
a Comprehensive Development.
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58. Mineral Exploration
a. Subject to the other provisions of these Development Regulations, mineral
exploration which is not classed as development by virtue of appreciable soil
disturbance, construction of access roads, noise, odour and appearance can
be permitted anywhere in the Town, provided that adequate notification is
provided to the Town.
b. Mineral exploration which is classed as development shall or may only be
permitted where it is set out as a permitted or discretionary use in a use zone
under Schedule C and provided that:
i. adequate provision is made for buffering and/or other means of
reducing or eliminating the impacts of the exploration on other uses,
the environment and waterways and wetlands;
ii. where there is soil disturbance, the developer shall provide a site
restoration or landscaping surety and/or other satisfactory guarantees
of site restoration or landscaping to the Town.
c. No permit shall be issued by the Town for mineral exploration until the
necessary permits and approvals have been obtained from the Departments
of Natural Resources, Government Services, and Environment and
Conservation, together with any other relevant Provincial agencies.
59. Mineral Working
Where permitted, mineral workings are subject to this Regulation, any other
applicable regulations and the approval of the Department of Natural Resources,
Mineral Lands Division.
No residential development shall be permitted closer than 300 metres to a mineral
working unless the Town and the Department of Natural Resources - Mineral Lands
Division - are satisfied that such development will not adversely affect the
operations of the existing or proposed mineral working.
a. Separation from Adjacent Uses - Unless the Town is satisfied that the
working 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:
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i. Existing or Proposed Residential Development
i)
where no blasting is involved
300 metres
ii)
where blasting is involved
1000 metres
b)
Any Other Existing or Proposed Development
150 metres
c)
Public Highway or street
50 metres
d)
Protected Road
90 metres
e)
Body of water or watercourse
50 metres
b. Screening - A mineral working shall be screened in the manner described
below where it is visible from a public street or highway, developed area, or
area likely to be developed during the life of the use.
i. 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-metre wide strip
of vegetation so that visibility of any part of the use from the surround-
ing uses or streets will be prevented. The tree screens must be
maintained by the owner or occupier of the use to retain 30 metres in
a forested appearance. Where vegetation dies or is removed from
the 30-metre strip, the Town may require new trees of a minimum
height of 1 metre be planted to fill in the areas affected to the satis-
faction of the Town or, at the discretion of the Town, condition (2)(b)
must be undertaken.
ii. 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 the
Town's satisfaction.
iii. 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.
iv. Where effective screening for any mineral working or associated
processing or manufacturing use cannot be installed or located as
required above, the Town may refuse to permit the use or associated
activity.
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c. Fencing - The Town 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 metres in height.
d. Water Pollution - No mineral working or associated storm or sanitary
drainage shall unacceptably reduce the quality of water in any body of water
or watercourse. Any access road to a pit or quarry working which crosses
a brook or stream shall be bridged or culverted at the crossing in accordance
with the Regulations of the Department of Environment and Conservation.
e. Water Ponding - No mineral working or associated storm or sanitary
drainage shall unacceptably reduce the quality of water in any body of water
or watercourse. Any access road to a pit or quarry working which crosses
a brook or stream shall be bridged or culverted at the crossing in accordance
with the Acts and Regulations of the Department of Environment and
Conservation.
f. Erosion Control - No mineral working shall be carried out in a manner so as
to cause erosion of erosion of adjacent land.
g. Site Maintenance -The mineral working shall be kept clean of refuse,
abandoned vehicles, and abandoned equipment and any derelict buildings.
h. Access Roads - During extended periods of shutdown, access roads to a
mineral working shall be ditched or barred to the satisfaction of the Town.
i. Stockpiling Cover Material - All stumps, organic material and topsoil,
including the rusty coloured and iron stained layer, shall be stripped and
stockpiled at least 5 metres 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.
j. Operating Plant and Associated Processing and Manufacturing
i. The Town may permit processing and manufacturing use associated
with mineral workings provided that, in the opinion of the Town, the
use does not create a nuisance nor is liable to become a nuisance or
offensive by the creation of noise or vibration, or by reason of the
emission of fumes, dust, dirt, objectionable odour, or by reason of
unsightly storage of materials.
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ii. all permanent or temporary buildings, plants and structures
associated with processing and manufacturing will be located so as
not to interfere with the present or future extraction of aggregate
resources.
iii. the Town may specify a minimum separation distance between
operating plant or associated processing and manufacturing structure
or equipment and adjacent developed areas likely to be developed
during the life of the mineral working.
k. Termination and Site Rehabilitation - Upon completion of the mineral
working, the following work shall be carried out by the operation:
i. all buildings, machinery and equipment shall be removed;
ii. all pit and quarry slopes shall be graded to slopes less than 20o or to
the slope conforming to that existing prior to the mineral working;
iii. topsoil and any organic materials shall be re-spread over the entire
quarried area;
iv. the access road to the working shall be ditched or barred to the
satisfaction of the Town;
v. if the mineral working contains reserves of material sufficient to
support further extraction operations, the Town may require the work
described above to be carried out only in areas of the site where
extraction has depleted aggregate reserves.
60. Nalcor Corridor (NAL)
Within the NALCOR Corridor as shown on Land Use Zoning Map 1, all development
applications shall be referred to Nalcor Energy for approval before a permit is
granted by the Town.
61. Non-Conforming Uses
a. See Section 108 of the Urban and Rural Planning Act and Sections 14, 15,
and 16 of the Ministerial Development Regulations.
b. Discontinuance - Subject to Section 17 of the Ministerial Development
Regulations and Section 108 (2) of the Urban and Rural Planning Act:
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i. a non-conforming use of land may be resumed within one year of its
discontinuance;
ii. for the purpose of this Regulation, discontinuance of a non-
conforming use begins when any one of the following conditions is
met:
1. the building or use of land is clearly vacated or the building is
demolished;
2. the owner or tenant has ceased paying business occupancy
taxes for that use; and/or
3. the owner or tenant has stated in writing that the use has
ceased.
62. Offensive and Dangerous Uses
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 the Town and any other authority having
jurisdiction.
63. Parks and Playgrounds and Conservation Uses
a. Parks and playgrounds are permitted in any zone, provided however, that
such parks and playgrounds are not located in areas which may be
hazardous to their use and are not operated for commercial purposes.
b. Nothing in these Regulations shall prevent the designation of conservation
areas in any zone.
64. Protected Road Zoning Plan
The Trans Canada Highway is a Protected Road under the Urban and Rural
Planning Act 2000, Protected Road Zoning Regulations. Within the Town,
development within 100 metres of the centre-line of the Highway is subject to
approval of the Government Service. Outside the Town of Arnold's Cove but within
the Municipal Planning Area development within 150 metres of the centre-lines of
the Highway is subject to the approval of the Government Service Centre.
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65. Public Services and Public Utilities
Within any zone the Town can permit land to be used in conjunction with 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. Such facilities are subject
to the approval of relevant provincial and federal departments and agencies.
The design and location of such public services and public utilities shall take into
consideration their impact on nearby land uses and persons, the environment and
archaeological resources within the Town, along with other matters that the Town
may deem to be significant.
66. Road Frontage
Unless otherwise set out in these Development Regulations, all use classes except
non-building uses and certain other uses such as agricultural and transportation
uses and seasonal residences must front onto an existing publicly owned and
maintained road or a subdivision road built in conformity with the standards in these
Regulations.
67. Screening and Landscaping
The provision of adequate and suitable landscaping or screening may be made a
condition of any development permit where, in the opinion of the Town, the
landscaping or screening is desirable to preserve amenity, or protect the
environment.
68. Service Stations
The following requirements shall apply to all proposed service stations:
a)
all gasoline pumps shall be located on pump islands designed for such
purpose, and to which automobiles may gain access from either side;
b)
pump islands shall be set back at least 4 metres from the front lot line;
c)
accesses shall not be less than 7 metres 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 metres and the lot line between entrances shall be clearly indicated.
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d)
a service station may only be permitted on an arterial or collector road and
shall not abut a residential use.
69. Site Development and Subdivision Development
a. The Town shall consider the suitability of the site in terms of steepness of
grades, soils and geology, and environmentally sensitive areas, including
waterways and wetlands, when reviewing a development application.
b. The Town shall ensure that the proposed development is not inappropriate
by reason of:
i. precipitating or contributing to pollution in the area; and/or
ii. causing erosion and/or sedimentation; and/or
iii. causing damage to nearby properties.
c. When a subdivision or any development is being approved a portion of the
development site may be set aside for drainage control and this may include
retention ponds, swales and similar facilities. These drainage control facilities
shall not be included in the calculation of open space as set out under
Section 37 of the Urban and Rural Planning Act 2000.
d.
The Town may require that a plan of an entire area be approved before a
subdivision or development occupying a portion of the area is approved.
70. Site Development - Fill and Landscaping Permit Requirements
a. A permit shall not be required for ordinary landscaping of a property or the
creation of a garden and similar activity unless such activity is likely to affect
adjacent properties or a water body.
b. A permit shall be obtained from the Town before any filling-in or excavation
of land takes place. This permit may be the same as the one obtained for the
construction of a dwelling or other use.
71. Site Development - Quarry and Soil Removal
a.
If, as part of another development, quarry material is to be removed and sold
or otherwise disposed of, then a separate permit shall be obtained from the
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Department of Natural Resources, Mineral Lands Division, for the removal
of quarry materials. A copy of the Town's permit must be forwarded to the
Mineral Lands Division.
b. A site development quarry under this section is permitted wherever the use
that this quarry is associated with is permitted.
c. A quarry permit issued under this section shall only be valid for a period of
one year or the term of the site development, whichever is the lesser.
However, if the Town feels that it is warranted, the permit may be renewed
for additional one-year periods up to a maximum of three years from the date
of the issuance of the first permit.
d. When the work is completed, the area affected shall be suitably landscaped
and drained in accordance with a plan approved by the Town.
e. If the site work is extensive, the Town may require the deposit of surety in
accordance with Regulation 14 that shall be returned to the developer upon
satisfactory completion of the work.
72. Site Development - Slope Greater than 15 Percent or 20 Percent
a. Before approving development and/or subdivision of a site having a slope
greater than 15 percent up to 20 percent, the Town may require the
submission of a review of the development proposal by a certified planner,
engineer, landscape architect or similar professional. The review shall
evaluate the adequacy of site grading, drainage and landscaping and storm
water management and the potential of the development to cause erosion
onto and pollution of adjacent development and lands and bodies of water
receiving run-off from the site, and other similar matters.
b. No development shall be permitted on a slope greater 20 percent unless it
is a non-building use or public service or utility.
73. Street Construction Standards
A new street may not be constructed except in accordance with the design and
specifications laid down by the Town.
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74. Subsidiary Apartments
Subsidiary apartments can be permitted in single dwellings only, and for the
purposes of calculating lot area and yard requirements, shall be considered part of
the self-contained dwelling.
75. Subsidiary Dwelling
Where permitted, a subsidiary dwelling shall be located in the rear yard of a single
dwelling in a building separate from the single dwelling, subject to the following
requirements:
a)
the subsidiary dwelling is located in the rear yard of the single dwelling;
b)
fire and other safety issues are properly addressed in the location, access
and design of the subsidiary dwelling, and this may entail the provision of a
completely unobstructed side yard wide enough to provide access for
emergencies which is greater than the minimum side yard for single
dwellings in this zone;
c)
unless it is only used as a separate sleeping quarters, the subsidiary
dwelling shall be connected to municipal water and sewer services;
d)
the maximum floor area shall be 60 square metres;
e)
the minimum distance from the side and rear property boundaries is 3
metres, except that on a corner lot, the side yard shall be the same as that
set out for a single dwelling in Schedule C;
f)
maximum height is 6 metres;
g)
the lot coverage of all buildings on the lot does not exceed 33 percent.
76. Trail Corridors
a. As a condition of an Approval in Principle or development permit the Town
can require that a trail or transportation corridor be deeded to the Town or
a non-profit group approved by the Town.
b. Wherever space and terrain characteristics allow, the appearance and use
of existing and new trails will be protected by natural buffers to separate the
trail from other forms of development, hazardous areas, and areas subject
to erosion such as the banks of rivers and streams.
c. The minimum width of a trail corridor, including the buffer area, will be 30
metres or approximately 15 metres on either side of the centre line of the
trail. However, the width of a trail corridor can be reduced where the area
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adjacent the trail is already developed, or, where the Town deems that the
corridor can be narrower due to space limitations, site conditions, ownership,
or other pertinent factors.
d. For a trail to be eligible for protection it must be delineated on the Land Use
Maps, approved as a designated trail corridor by resolution of Council, or
included as a part of a subdivision or development plan that is approved by
the Town.
e. The proposed designation of any new trail corridor by the Town shall be
advertised and an opportunity provided for public input before the trail is
designated and approved by the Town.
f. The Newfoundland T'Railway is a designated trail.
g. Within a trail corridor, only accessory recreational uses, public utilities and
streets shall be allowed.
77. Unserviced Development
Development lacking one or both of municipal water and sewer services shall be
approved by the Department of Government Services before a permit is issued by
the Town.
78. 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.
79. Waterways and Wetlands
a. Development within waterways and wetlands is subject to this Regulation
and all relevant provincial and federal policies and statutes, including
Department of Environment and Conservation Policy Directives W.R. 97-1,
Development in Shorewater Zones and 97-2, Development in Wetlands.
Where there is a conflict between the Policy Directives and this Regulation,
the more restrictive standards shall apply.
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b. The minimum width of a buffer along a waterway or wetland shall
be 15 metres from the highwater mark, or 1 in 100 year flood zone, of
the stream, river, pond or other body of water or wetland.
DRA-2011-1 and NL Gazette.
c. If the toe of an embankment with an average slope of 30% or more lies
within 15 m of the highwater mark, or 1 in 100 year flood zone of the
waterway, then the buffer shall be measured from the top of the
embankment.
d. Subject to the approval of the Department of Environment and Conservation
and the Town, the only uses that can be permitted in the buffer area of a
waterway are roads, driveways, public utilities, recreational open space and
trails and uses requiring direct access to a body of water, such as wharves
and docks and other marine related uses.
e. Development, and this includes placing fill or other materials, within a
waterway and the buffer area of a waterway is subject to the approval of the
Town, the Provincial Government, and where necessary, the Government of
Canada.
f. The Town or the Provincial Government may subject development within the
buffer area of a watercourse to an environmental review, and may approve,
approve subject to conditions, or refuse such development. The matter of
adequate and usable legal public access to the waterway shall be a
consideration in the review of an application for a structure within a buffer
and/or waterway.
g. Any development within a body of water or involving the alteration of a body
of water must be approved by or exempted by the Department of
Environment and Conservation for Crown Lands and referrals, Coast Guard
Canada of the Department of Fisheries and Oceans - Navigable Waters Act,
Fish Habitat Division of the Department of Fisheries and Oceans and/or, the
Water Resources Division of the Department of Environment and
Conservation before a permit is issued by the Town.
Development within a buffer is subject to the approval of the Water
Resources Management Division of the Department of Environment and
Conservation, Department of Fisheries and Oceans Canada and where
applicable, the Government Service Centre of the Department of
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Government Services.
h. Wetlands can only be developed in such a way as to minimize damage and
impacts on the hydrology and environment of the area.
i. Any development within a wetland or the buffer of a wetland shall require the
approval of the Minister of Environment and Conservation as well as the
Town whether or not that wetland is zoned Conservation under the
Development Regulations.
j. If a waterway or wetland is deemed to be minor, wherever possible such
waterways and wetlands shall remain undeveloped and protected by a
buffer. If a site is to be developed, alternatives to covering over or eliminating
such waterways and wetlands shall be explored, including relocation of the
waterway or wetland and/or redesign of the development.
i. A minor waterway is defined as being a drainage course, an
intermittent stream which does not carry significant storm flows and/or
a stream which is not a fish habitat.
ii. A minor wetland is defined as a wetland less than 5,000 metres in
area not associated with a waterway and not deemed have a role in
water management, wildlife habitat or the conservation of an
environmentally sensitive area.
k. Bird Sanctuary - The two sites located at Big Pond and the Lagoon (a
barachois) - are further restricted as to the types of development and
activities in order to protect these sites as bird sanctuaries. Development
proposals shall be reviewed to ensure that there is no damage to bird habitat
and to maintain the dune separating the barachois and Arnold's Cove of
Placentia Bay. The Town may restrict the use of motorized recreational
vehicles in these areas.
80. Windmills, Wind Turbines, Alternate Energy Sources
Wind mills, wind turbines, wind farms and other energy forms, including solar based
and small hydro generating facilities - "Utilities" in Schedule B - and associated
facilities and services are subject to the conditions set out below.
Utilities are subject to the approval of relevant provincial and federal departments
and agencies and public utilities, including the Mines and Energy Division of 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
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persons, the environment and archaeological resources within the Town, along with
other matters that the Town may deem to be significant. Wind mills utilities within
the built-up areas are limited to single wind mills or wind turbines designed to serve
particular properties.
To prevent damage to persons and properties due to the failure of a windmill or any
of its components or the shedding of ice, the Town shall ensure that there is
adequate separation distance between the windmill and nearby structures and
properties.
Unless specifically exempted by the relevant agencies, the design, construction and
location of a utility shall be certified by a professional engineer who has consulted
with the required agencies.
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PART III - SUBDIVISION OF LAND
81. Permit Required
No land in the Planning Area shall be subdivided unless a permit for the
development of the subdivision is first obtained from the Town.
82. Building Permits Required
Notwithstanding the approval of a subdivision by the Town, 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.
83. Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones
delineated on the Zoning Map.
84. Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Town, the development of
a subdivision does not contribute to the orderly growth of the municipality and does
not demonstrate sound design principles. In considering an application, the Town
shall, without limiting the generality of the foregoing, consider:
a)
the location of the land;
b)
the availability of and the demand created for schools, services, and utilities;
c)
the provisions of the Plan and Regulations affecting the site;
d)
the land use, physical form and character of adjacent developments;
e)
the transportation network and traffic densities affecting the site;
f)
the relationship of the project to existing or potential sources of nuisance;
g)
soil and subsoil characteristics;
h)
the topography of the site and its drainage;
i)
natural features such as lakes, streams, topsoil, trees and shrubs;
j)
prevailing winds;
k)
visual quality;
l)
community facilities;
m)
energy conservation;
n)
such other matters as may affect the proposed development.
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85. Concept Plan and Final Plan - Approval
a. Where there is a larger subdivision of land and/or subdivision of land
entailing the construction of new roads, the Town must grant Approval in
Principle (Part I, Regulation 20) for a concept plan and the arrangements for
construction guarantees before the developer can proceed to the preparation
of construction (final) drawings and a permit is issued for the subdivision.
b. The concept plan shall contain the following:
i. a legal survey of the land included within the subdivision;
ii. a detailed description of the types and standards of development and
services proposed for the subdivision;
iii. the layout of roads, lots, open spaces and other pertinent features of
the development;
iv. the phasing of the development;
v. the estimated cost of the works in the development by phase as
certified by a professional engineer and verified by the Town's
Engineer.
Upon approval of the Concept Plan the Final Plan (construction drawings and final
lot and road layout, costings for the design and construction of works, etc.) shall be
prepared and approved by the Town and other relevant agencies before
construction is allowed to proceed.
86. Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Town 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 of Newfoundland and in effect at the time the work is carried out.
87. Payment of Service Levies and Other Charges
No permit shall be issued for the development of a subdivision until agreement has
been reached for the payment of all fees levied by the Town for connection to public
services, public utilities and streets deemed necessary for the proper development
of the subdivision, and all service levies and other charges imposed under these
Regulations.
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88. Construction and Town Engineer Costs Guarantees
Construction Guarantees - The developer shall deposit with the Town a cash
equivalent surety before the commencement of any phase of the development
sufficient to cover:
a)
the estimated cost of the Town's Engineer for supervision and inspections,
etc. before the commencement of each phase of the development;
b)
40% of the cost of the completion of any phase of the development - which
shall be returned to the developer with accrued interest upon satisfactory
completion (full completion of roads and services, etc. to the Town's
specifications as certified by the Town's Engineer) of the phase.
89. Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions
satisfactory to the Town have been made in the application for a supply of drinking
water, a properly designed sewage disposal system, and a properly designed storm
drainage system.
90. Building Lines
The Town may establish building lines for any subdivision street and require any
new building to be located on such building lines.
91. Land for Public Open Space
a.
Before a development commences, the developer shall, if required, dedicate
to the Town, at no cost to the Town, an area of land equivalent to not more
than 10% of the gross area of the subdivision for public open space,
provided that:
i. where land is subdivided for any purpose other than residential use,
the Town shall determine the percentage of land to be dedicated;
ii. if, in the opinion of the Town, no public open space is required, the
land may be used for such other public use as the Town may
determine;
iii. the location and suitability of any land dedicated under the provisions
of this Regulation shall be subject to the approval of the Town but in
any case, the Town shall not accept land which, in its opinion is
incapable of development for any purpose;
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iv. the Town 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;
v. money received by the Town in accordance with this Regulation shall
be reserved by the Town for the purpose of the acquisition or
development of land for public open space or other public purpose.
b. Land dedicated for public use in accordance with this Regulation shall be
conveyed to the Town and may be sold or leased by the Town 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 the cost of acquisition or development of any other land
for the purposes of public open space or other public purposes.
c. The Town 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 the Town, constitute the requirement of land for public
use under Clause (1) of this Regulation.
d. Any land that is zoned or otherwise set aside for environmental protection,
storm water management, or similar purposes shall not constitute the
requirement of land for public use under Clause (1) of this Regulation unless
otherwise determined by the Town.
92. Structure in Street Reservation
The placing within any street reservation of any structure (for example, a hydro pole,
telegraph or telephone pole, fire hydrant, mail box, fire alarm, sign post) shall
receive the prior approval of the Town which shall be satisfied on the question of
safe construction and relationship to the adjoining buildings and other structures
within the street reservation.
93. Subdivision Design Standards
a. The standard for the design and construction of all work related to
Subdivision development shall be the Government of Newfoundland and
Labrador Municipal Water, Sewer, and Roads Specifications.
b. Except as otherwise adopted by the Town, no permit shall be issued for the
development of a subdivision under these Regulations unless the design of
the subdivision conforms to the standards below.
i. The finished grade of streets shall not exceed 10 percent.
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ii. Every cul de sac shall be provided with a turning circle of a diameter
of not less than 30 m.
iii. The maximum length of any cul de sac shall be 300 metres. Where
a road loops back to itself, such as in a P loop, the distance is
measured to the start of the loop. See also clause d).
iv. After review by the Town's Fire Chief, the length of a cul de sac may
be extended beyond 300 metres, provided that the Town is satisfied
that this will not create additional fire or other hazard risks or unduly
increase maintenance costs.
v. No cul de sac shall be located so as to appear to terminate a collector
street.
vi. New subdivisions shall have street connections with an existing street
or streets.
vii. All street intersections shall be constructed within 5° of a right angle
and this alignment shall be maintained for 30 m from the intersection.
viii. No street intersection shall be closer than 60 m to any other street
intersection.
ix. No more than four streets shall join at any street intersection.
x. Streets in residential subdivisions shall be conform to the following
minimum standards:
i)
Arterial Street
-
Reservation (minimum)
30 metres
-
Pavement Width (minimum)
15 metres
-
Walkways
See clause k)
ii)
Collector Street
-
Reservation (minimum)
15 metres
-
Pavement Width (minimum)
9 metres
-
Walkways
See clause k)
iii)
Local Street
-
Reservation (minimum)
15 metres
-
Pavement Width (minimum)
7 metres
-
Walkways
See clause k).
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xi. Walkways - clearly identified adequate pedestrian and/or bicycle
access shall be provided along all roads.
xii. The Town may require any existing natural, historical or architectural
feature or part thereof to be retained when a subdivision is developed.
xiii. Land shall not be subdivided in such a manner as to prejudice the
development of adjoining land.
xiv. Where there is potential for additional development, a road reserve
of 15 metres shall be provided along the entire length of a cul de sac.
94. Engineer to Design Works and Certify Construction Layout
a. 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 the Town to
service the area proposed to be developed or subdivided shall be designed
and prepared by or approved by the Engineer. Such designs and
specifications shall, upon approval by the Town, be incorporated in the plan
of subdivision.
b. Upon approval by the Town of the proposed subdivision, the Engineer 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 his own cost and in accordance with the approved designs
and specifications and the construction layout certified by the Engineer, of
all such water mains, hydrants, sanitary sewers and all appurtenances and
of all such streets and other works deemed necessary by the Town to
service the said area.
95. Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks
and paving specified by the Town as being necessary, may, at the Town's
discretion, be deferred until a later stage of the work on the development of the
subdivision but the developer shall deposit with the Town before approval of his
application, an amount estimated by the Engineer as reasonably sufficient to cover
the cost of construction and installation of the works. In the later stage of the work
of development, the Town shall call for tenders for the work of 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
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PART III - SUBDIVISION OF LAND
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.
96. Transfer of Streets and Utilities to Town
a. The developer shall, following the approval of the subdivision of land and
upon request of the Town, transfer to the Town, at no cost to the Town, and
clear of all liens and encumbrances:
i. all lands in the area proposed to be developed or subdivided which
are approved and designated by the Town for public uses as streets,
or other rights-of-way, or for other public use;
ii. 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 the Town.
b. Before the Town shall accept the transfer of lands, services or public works
of any subdivision, the Engineer shall, at the cost to the developer, test the
streets, services and public works installed in the subdivision and certify his
satisfaction with their installation.
c. The Town 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 the Town.
97. Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the
purposes of development and no building permit shall be issued until the Town is
satisfied that:
a)
the lot can be served with satisfactory water supply and sewage disposal
systems; and,
b)
satisfactory access to a street is provided for the lots.
98. Grouping of Buildings and Landscaping
a. 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 and to make the most use of existing topography
and vegetation.
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b. Building groupings, once approved by the Town, shall not be changed
without written application to and subsequent approval of the Town.
99. Subdivision Policy and Agreement
The Town may adopt a Subdivision Policy which enables the Town to establish
detailed procedures and standards for subdivision development, and furthermore
specify the requirements for subdivision agreements.
A Subdivision Agreement may be made a requirement for a subdivision
development, and this agreement between the Town and the Developer may set out
in detail the rights and obligations of the Developer and the Town.
Town of Arnold's Cove
Development Regulations 2010
Page 46
PART IV - USE ZONES
PART IV - USE ZONES
100.
Use Zones
a.
For the purpose of these Regulations, the Planning Area is divided into Use
Zones which are shown on the Zoning Map attached to and forming part of
these Regulations.
b. Subject to Regulation 96(3), the permitted use classes, discretionary use
classes, standards, requirements and conditions applicable to each Use
Zone are set out in the Use Zone Tables in Schedule C of these Regulations.
c. Where standards, requirements and conditions applicable in a Use Zone are
not set out in the Use Zone Tables in Schedule C, the Town may in its
discretion, determine the standards, requirements and conditions which shall
apply.
101.
Use Classes
The specific uses to be included in each Use Class set out in the Use Zone Tables
in Schedule C shall be determined by the Town in accordance with the classification
and examples set out in Schedule B.
102.
Permitted Uses
Subject to these Regulations, the uses that fall within the Permitted Use Classes set
out in the appropriate Use Zone Table in Schedule C shall be permitted by the
Town in that Use Zone.
103.
Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use Classes
set out in the appropriate Use Zone Table in Schedule C may be permitted in that
Use Zone if the Town is 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, and if the
Town has given notice of the application in accordance with Regulation 23 and has
considered any objections or representations which may have been received on the
matter.
Town of Arnold's Cove
Development Regulations 2010
Page 47
PART IV - USE ZONES
104.
Uses Not Permitted - Prohibited Uses
Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes
set out in the appropriate Use Zone Tables in Schedule C, shall not be permitted
in that Use Zone and are deemed to be prohibited uses.
Town of Arnold's Cove
Development Regulations 2010
Page 48
SCHEDULE A - DEFINITIONS
SCHEDULE A
DEFINITIONS
A definition marked with an asterix is also included in the Urban and Rural Planning
Act and/or in the Ministerial Development Regulations. Where there is a conflict, the
Act or Ministerial Development Regulations prevail.
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.
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 which has a use that is customarily
incidental or complementary to the main use of the building or land,
(ii)
for the case of 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)
in the case of industrial uses, garages, offices, raised ramps and docks.
ACCESSORY USE* means the use that is subsidiary to a permitted or discretionary use
and that is customarily expected to occur with the permitted or discretionary use.
ACT*, unless the context indicates otherwise, means the Urban and Rural Planning Act
2000.
ADVERTISEMENT means any word, letter, model, sign, placard, board, notice, device or
representation, whether illuminated or not, in the nature of and employed wholly or in part
for the purposes of advertisement, announcement or direction; excluding such things
employed wholly as a memorial, or functional advertisement of Councils, or other local
authorities, public utilities and public transport undertakers, and including any boarding or
similar structure used or adapted for use for the display of advertisements.
AGRICULTURE means horticulture, fruit growing, grain growing, seed growing, dairy
farming, the breeding or rearing of livestock, including any creature kept for the production
of food, wool, skins, or fur, or for the purpose of its use in the farming of land, the use of
land as grazing land, meadow land, osier land, market gardens and nursery grounds and
the use of land for woodlands where that use is ancillary to the farming of land for any
other purpose. "Agricultural" shall be construed accordingly.
Town of Arnold's Cove
Development Regulations 2010
Page 49
SCHEDULE A - DEFINITIONS
AMUSEMENT USE means the use of land or buildings equipped for the playing of
electronic, mechanical, or other games and amusements including electronic games,
pinball games and slot machine arcades and billiard and pool halls.
ANIMAL UNIT means any one of the following animals or groups of animals:
1 bull;
1000 broiler chickens or roosters (1.8 - 2.3 kg each);
1 cow (including calf);
100 female mink (including associated males and kits);
4 goats;
X hogs (based on 453.6 kg = 1 unit);
1 horse (including foal);
125 laying hens;
4 sheep (including lambs);
1 sow or breed sow (including weaners and growers based on 453.6 kg = 1 unit);
X turkeys, ducks, geese (based on 2,268 kg = 1 unit).
APARTMENT means a self-contained dwelling unit attached to a residential or
non-residential use.
DRA-2012-4 and NL Gazette.
APARTMENT BUILDING means a building containing three or more dwelling units, but
does not include a row dwelling.
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.
ARTERIAL STREET means the streets in the Planning Area constituting the main traffic
arteries of the area and defined as arterial streets or highways in the Municipal Plan or on
the Zoning Map.
AUTHORITY* means a council, authorized administrator or regional authority.
BED AND BREAKFAST means an owner-occupied or owner-managed establishment for
paid temporary accommodation for up to sixteen (16) overnight guests that may include
a dining room for the use of overnight guests and their invitees. The establishment must
be registered with and receive a rating from Canada Select and also must be approved by
the Provincial Department of Tourism, Culture and Recreation as a Bed and Breakfast
operation.
BOARDING HOUSE means a dwelling in which at least 2 rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
Town of Arnold's Cove
Development Regulations 2010
Page 50
SCHEDULE A - DEFINITIONS
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 adapted or constructed for
residential, commercial, 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 (ii).
BUILDING HEIGHT* means the vertical distance, measured in metres,
from the
established grade to:
(i)
the highest point of the roof surface of a flat roof
,
(ii)
the deck line of a mansard roof
,
and
(iii)
the mean height level between eave and ridge of a gable, hip or gambrel
roof,
Town of Arnold's Cove
Development Regulations 2010
Page 51
SCHEDULE A - DEFINITIONS
and in any case, a building height shall not include mechanical structure, smokestacks,
steeples and purely ornamental structures above a roof.
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 building may be placed.
Town of Arnold's Cove
Development Regulations 2010
Page 52
SCHEDULE A - DEFINITIONS
CAMPGROUND means the use of land for the accommodation of travel trailers,
recreational vehicles, and/or tents.
COLLECTOR STREET means a street that is designed to link local streets with arterial
streets and which is designated as a collector street in the Municipal Plan, or on the Zoning
Map.
DAYCARE CENTRE or DAY NURSERY means a building or part of a building in which
services and activities are regularly provided to children of pre-school age during the full
daytime period as defined under the Day Nurseries Act, but does not include a school as
defined by the Schools Act.
DEVELOPMENT* means the carrying out of any building, engineering, mining or other
operations in, on, over, or under land, or the making of any material change in the use, or
the intensity of use of any land, buildings, or premise and without limiting the generality of
the foregoing, shall specifically include:
(i)
the making of an access onto a highway, road or way;
(ii)
the erection of an advertisement or sign;
(iii)
the parking of a trailer, or vehicle of any description used for the sale of
refreshments or merchandise, or as an office, or for living accommodation,
for any period of time;
and shall exclude:
(iv)
the carrying out of works for the maintenance, improvement or other
alteration or any 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;
(v)
the carrying out by a highway authority of any works required for the
maintenance or improvement of a road, being works carried out on land
within the boundaries of the road reservation;
(vi)
the carrying out by any local authority or statutory undertakers of any works
for the purpose of inspecting, repairing or renewing any sewers, mains,
pipes, cables or other apparatus, including the breaking open of any street
or other land for that purpose;
(vii)
the use of any building or land within the courtyard of a dwelling house for
any purpose incidental to the enjoyment of the dwelling house as such.
DEVELOPMENT REGULATIONS* means these regulations and regulations and by-laws
respecting development that have been enacted by the relevant authority.
Town of Arnold's Cove
Development Regulations 2010
Page 53
SCHEDULE A - DEFINITIONS
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.
DOUBLE DWELLING means a building containing two dwelling units, placed one above
the other, or side by side, but does not include a self-contained dwelling containing a
subsidiary apartment.
DWELLING UNIT means a self-contained unit consisting of one or more habitable rooms
used or designed as the living quarters for one household.
ENGINEER means a professional engineer employed or retained by the Town.
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
(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.
FAMILY AND GROUP CARE CENTRE means a dwelling accommodating up to but no
more than six (6) persons exclusive of staff in a home-like setting. Subject to the size
limitation, this definition includes, but is not limited to, the facilities called "Group Homes",
"Halfway House", and "Foster Home".
FLANKING ROAD means a road running along the side of a lot located at the intersection
of two streets - that is, a corner lot.
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.
FRONT YARD DEPTH means the distance between the front lot line of a lot and the front
wall of the main building on the lot.
GARAGE means a building erected for the storage of motor vehicles as an ancillary use
to a main building on the lot.
Town of Arnold's Cove
Development Regulations 2010
Page 54
SCHEDULE A - DEFINITIONS
GENERAL INDUSTRY means the use of land or buildings for the purpose of storing,
assembling, altering, repairing, manufacturing, fabricating, packing, canning, preparing,
breaking up, demolishing, or treating any article, commodity or substance. "Industry" shall
be construed accordingly.
GENERAL GARAGE means land or buildings used exclusively for repair, maintenance and
storage of motor vehicles and may include the sale of gasoline or diesel oil.
HAZARDOUS INDUSTRY means the use of land or buildings for industrial purposes
involving the use of materials or processes which because of their inherent characteristics,
constitute a special fire, explosion, radiation or other hazard.
HOME BUSINESS means a secondary use of a dwelling and/or its accessory building by
at least one of the residents of the dwelling to conduct a gainful occupation or business
activity.
INSPECTOR means any person appointed and engaged as an Inspector by the Town or
by any federal or provincial authority or the agent thereof.
INSTITUTION means a building or part thereof occupied or used by persons who:
a)
are involuntarily detained, or detained for penal or correctional purposes, or
whose liberty is restricted, or;
b)
require special care or treatment because of age, mental or physical
limitations or medical conditions.
LAND* includes land covered by water, and buildings and structures on, over, or under the
soil and fixtures that form part of these buildings and structures.
LIGHT INDUSTRY 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.
LOCAL STREET means a street designed primarily to provide access to adjoining land
and which is not designated as a collector street or arterial street in the Municipal Plan, or
on the Zoning Map.
LODGING HOUSE means a dwelling in which at least 2 rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
LOT* means a plot, tract or parcel of land which can be considered as a unit of land for
a particular use or building.
Town of Arnold's Cove
Development Regulations 2010
Page 55
SCHEDULE A - DEFINITIONS
LOT AREA* means the total horizontal area within the lines of the lot.
LOT COVERAGE* means the combined area of all buildings on the 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.
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 fishing stage or shed associated with a dock or wharf.
MINERAL EXPLORATION means the activity of searching for minerals or mineral
occurrences, including oil exploration, wherein, for the purposes of these Regulations it
takes the form of development - that is visible and appreciable disturbance to soil.
MINERAL WORKING means land or buildings used for the working or extraction of
construction aggregates.
MINING means land or buildings used for the extraction of ores, salts, oil and/or natural
gas.
MOBILE HOME means a transportable factory-built single 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
Municipal Codes and;
b)
which is designed to be:
(i)
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;
(ii)
connected to exterior public utilities approved by the Town, namely,
piped water, piped sewer, electricity and telephone, in order for such
mobile home unit to be suitable for year round term occupancy.
MOBILE HOME PARK means a mobile home development under single or joint
ownership, cared for and controlled by a mobile home park operator where individual
mobile home lots are rented or leased with or without mobile home units placed on them
and where ownership and responsibility for the maintenance and development of site
facilities including underground services, access roads, communal areas, snowclearing and
Town of Arnold's Cove
Development Regulations 2010
Page 56
SCHEDULE A - DEFINITIONS
garbage collection, or any of them, are the responsibility of the mobile home park
management, and where the mobile home development is classified as a mobile home
park by the Town.
MOBILE HOME SUBDIVISION means a mobile home 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 locating thereon mobile home units under either freehold or
leasehold tenure and where the maintenance of streets and services is the responsibility
of a municipality or public authority, and where the mobile home development is classified
as a mobile home subdivision by the Town.
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.
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.
PIT AND QUARRY WORKING carries the same meaning as Mineral Working.
PROHIBITED USE* means a use that is not listed within the permitted use classes set out
in the use zone tables of an authority's development regulations.
REAR YARD DEPTH* means the distance between the rear lot line and the rear wall of
the main building on the lot.
RESTAURANT means a building or part thereof, designed or intended to be used or
occupied for the purpose of serving the general public with meals or refreshments for
consumption on the premises.
ROW DWELLING means a dwelling containing three or more dwelling units at ground level
in one building, each unit separated vertically from the others.
SEASONAL RESIDENCE means a dwelling which is designed or intended for seasonal
or recreational use, and is not intended for use as permanent living quarters.
SERVICE STATION means any land or building used exclusively for the sale of petroleum
products, automotive parts and accessories, minor repairs, washing and polishing of motor
vehicles.
Town of Arnold's Cove
Development Regulations 2010
Page 57
SCHEDULE A - DEFINITIONS
SERVICE STREET means a street constructed parallel to or close to another street for the
purpose of limiting direct access to that street.
SHOP means a building or part thereof used for retail trade wherein the primary purpose
is the selling or offering for sale of goods, wares or merchandise by retail or the selling or
offering for sale of retail services but does not include an establishment wherein the
primary purpose is the serving of meals or refreshments, an amusement use, a general
garage, or a service station.
SHOPPING CENTRE means a group of shops and complementary uses with integrated
parking and which is planned, developed and designed as a unit containing a minimum of
5 retail establishments.
SHOWROOM means a building or part of a building in which samples or patterns are
displayed and in which orders may be taken for goods, wares or merchandise, including
vehicles and equipment, for later delivery.
SIDE YARD DEPTH* means the distance between the side lot line and the nearest side
wall of a building on the lot. See also Building Line and Yard.
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 or 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 any land, whether in single or joint ownership, into
two or more pieces for the purpose of development.
SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and
subsidiary to a self-contained dwelling.
TAKE-OUT FOOD SERVICE means a building in which the primary purpose is the
preparation and sale of meals or refreshments for consumption off the premises.
Town of Arnold's Cove
Development Regulations 2010
Page 58
SCHEDULE A - DEFINITIONS
TAVERN: includes a nightclub and means a building licensed or licensable under the
Liquor Control Act wherein meals and food may be served for consumption on the
premises and in which entertainment may be provided.
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
in
Schedule
C
of
the
Regulations relate.
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.
WETLAND means an area which is saturated by surface or ground water sufficient to
support, and which under normal circumstances supports a prevalence of vegetation
typically adapted for life in the saturated soil conditions, and includes swamps, marshes,
bogs, fens and similar areas.
YARD means an open uncovered space on a lot appurtenant to a building (except a court)
and unoccupied by buildings or structures except as specifically permitted elsewhere in
these Regulations.
ZONING MAP* means the map or maps attached to and forming part of the Regulations.
Town of Arnold's Cove
Development Regulations 2010
Page 59
SCHEDULE B - CLASSIFICATION OF USES
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
ASSEMBLY USES
Theatre
Motion Picture Theatres
T.V. Studios admitting an
audience.
ASSEMBLY USES
Cultural and Civic
Libraries, Museums, Art
Galleries, Court Rooms,
Meeting Rooms, Council
Chambers
ASSEMBLY USES
Protection
Police and Fire Stations
ASSEMBLY USES
General Assembly
Community Halls, Lodge
Halls, Dance Halls,
Gymnasia, Auditoria,
Bowling Alleys
ASSEMBLY USES
Educational
Schools, Colleges (non-
residential)
ASSEMBLY USES
Place of Worship
Churches and similar places
of worship, Church Halls
ASSEMBLY USES
Passenger Assembly
Passenger Terminals
ASSEMBLY USES
Club and Lodge
Private Clubs and Lodges
(non-residential)
ASSEMBLY USES
Catering
Restaurants, Bars, Lounges
ASSEMBLY USES
Funeral Home
Funeral Homes and Chapels
ASSEMBLY USES
Child Care
Day Care Centres
ASSEMBLY USES
Amusement
Electronic Games Arcades,
Pinball Parlours, Poolrooms
ASSEMBLY USES
Indoor Assembly
Arenas, Armouries, Ice
Rinks, Indoor Swimming
Pools
Town of Arnold's Cove
Development Regulations 2010
Page 60
SCHEDULE B - CLASSIFICATION OF USES
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
ASSEMBLY USES
Outdoor Assembly
Bleachers, Grandstands,
Outdoor Ice Rinks and
Swimming Pools,
Amusement Parks and Fair-
grounds, Exhibition
Grounds, Drive-in Theatres
ASSEMBLY USES
Campground
Campgrounds, Recreational
Vehicle and Travel Trailer
Campgrounds
INSTITUTIONAL
USES
Penal and Correctional
Detention
Jails, Penitentiaries, Police
Stations (with detention
quarters), Prisons,
Psychiatric, Hospitals (with
detention quarters),
Reformatories
INSTITUTIONAL
USES
Medical Treatment and Special
Care
Children's Homes,
Convalescent Homes
Homes for Aged, Hospitals,
Infirmaries
RESIDENTIAL
USES
Single Dwelling
Single Detached Dwellings,
Family & Group Homes
RESIDENTIAL
USES
Double Dwelling
Semi-detached Dwelling,
Duplex Dwellings, Family &
Group Homes
RESIDENTIAL
USES
Row Dwelling
Row Houses, Town Houses,
Family & Group Homes
RESIDENTIAL
USES
Apartment
Apartment.
RESIDENTIAL
USES
Apartment Building
Apartments, Family & Group
Homes
DRA-2012-4 and NL Gazette.
Town of Arnold's Cove
Development Regulations 2010
Page 61
SCHEDULE B - CLASSIFICATION OF USES
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLE
RESIDENTIAL
Collective Residential
Residential Colleges &
Schools, University &
College Halls of Residence,
Convents & Monasteries,
Nurses and Hospital
Residences
RESIDENTIAL
Boarding House Residential
and/or Bed and Breakfast
Boarding Houses, Lodging
Houses, Bed and Breakfast
RESIDENTIAL
Commercial Residential
Hotels & Motels, Hostels,
Residential Clubs
RESIDENTIAL
Seasonal Residential
Summer Homes & Cabins,
Hunting & Fishing Cabins
RESIDENTIAL
Mobile Homes
Mobile Homes
BUSINESS &
PERSONAL
SERVICE
Office
Offices (including
Government Offices), Banks
BUSINESS &
PERSONAL
SERVICE
Medical and Professional
Medical Offices and
Consulting Rooms,
Dental Offices & Surgeries,
Legal Offices & Similar
Professional Offices
BUSINESS &
PERSONAL
SERVICE
Personal Service
Barbers, Hairdressers,
Beauty Parlours, Small
Appliance Repairs
BUSINESS &
PERSONAL
SERVICE
General Service
Self-service Laundries, Dry
Cleaners (not using
flammable or explosive
substances), Small Tool and
Appliance Rentals, Travel
Agents
Town of Arnold's Cove
Development Regulations 2010
Page 62
SCHEDULE B - CLASSIFICATION OF USES
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
BUSINESS &
PERSONAL
SERVICE
Communications
Radio Stations, Telephone
Exchanges
BUSINESS &
PERSONAL
SERVICE
Police Station
Police Stations without
detention quarters
BUSINESS &
PERSONAL
SERVICE
Taxi Stand
Taxi Stands
BUSINESS &
PERSONAL
SERVICE
Take-out Food Service
Take-out Food Service
BUSINESS &
PERSONAL
SERVICE
Veterinary
Veterinary Surgeries
MERCANTILE
Shopping Centre
Shopping Centres
MERCANTILE
Shop
Retail Shops and Stores and
Showrooms, Department
Stores
MERCANTILE
Indoor Market
Market Halls, Auction Halls
MERCANTILE
Outdoor Market
Market Grounds, Animal
Markets, Produce and Fruit
Stands, Fish Stalls
MERCANTILE
Convenience Store
Confectionary Stores,
Corner Stores, Gift Shops,
Specialty Shops
Town of Arnold's Cove
Development Regulations 2010
Page 63
SCHEDULE B - CLASSIFICATION OF USES
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
INDUSTRIAL
Hazardous Industry
Bulk Storage of hazardous
liquids and substances,
Chemical Plants, Distilleries
Feed Mills, & Lacquer,
Mattress, Paint, Varnish,
and Rubber Factories, Spray
Painting
INDUSTRIAL
General Industry
Factories, Cold Storage
Plants, Freight Depots
General Garages,
Warehouses, Workshops,
Laboratories, Laundries,
Planing Mills, Printing
Plants, Contractors' Yards
INDUSTRIAL
Service Station
Gasoline Service Stations,
Gas Bars
INDUSTRIAL
Light Industry
Light Industry, Parking
Garages, Indoor Storage,
Warehouses, Workshops
NON-BUILDING
Agriculture
Commercial Farms, Hobby
Farms, Market Gardens &
Nurseries
NON-BUILDING
Forestry
Tree Nurseries, Silviculture
NON-BUILDING
Mineral Exploration
Mineral Exploration
NON-BUILDING
Mineral Working
Quarries, Pits
NON-BUILDING
Mining
Mining, Oil Wells
Town of Arnold's Cove
Development Regulations 2010
Page 64
SCHEDULE B - CLASSIFICATION OF USES
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
NON-BUILDING
Recreational Open Space
Playing Fields, Sports
Grounds, Parks,
Playgrounds, Recreational
Trails
NON-BUILDING
Conservation
Watersheds, Buffer Strips,
Flood Plains, Architectural,
Historical and Scenic Sites,
Steep Slopes, Wildlife
Sanctuaries
NON-BUILDING
Cemetery
Cemeteries, Graveyards
NON-BUILDING
Scrap Yard
Car Wrecking Yards, Junk
Yards, Scrap Dealers
NON-BUILDING
Solid Waste
Solid Waste Disposal,
Sanitary Land Fill,
Incinerators, Transfer Site
NON-BUILDING
Animal
Animal Pounds, Kennels,
Zoos
NON-BUILDING
USES
Antenna
TV, Radio and
Communications
Transmitting and Receiving
Masts and Antennae
NON-BUILDING
Utilities
Wind Mills and other energy
sources, related facilities
NON-BUILDING
Transportation
Airfields, Harbours, Boat
House, Fishing Stage,
Marinas
Town of Arnold's Cove
Development Regulations 2010
Page 65
SCHEDULE C
SCHEDULE C - USE ZONE TABLES
NOTE:
This schedule contains tables showing the use classes which may be
permitted or which may be treated as discretionary use classes for the pur-
pose of these Regulations. The tables also indicate the required standards
of development and may also include conditions affecting some or all of the
use classes.
The schedule contains tables for the following Use Zones:
Residential (R)
Rural Residential (RR)
Mixed Development (MD)
Commercial (COM)
Industrial (IND)
Rural (RU)
Community Service (CS)
Environmental Protection (EP)
Protected Public Water Supply (PPWS)
Highway (HWY)
Town of Arnold's Cove
Development Regulations 2010
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SCHEDULE C - R ZONE
USE ZONE TABLE -
RESIDENTIAL (R)
ZONE
ZONE TITLE
RESIDENTIAL (R)
Permitted Use Classes (See Regulation 102):
Conservation, Home Business Accessory Use, Recreational Open Space and Single
Dwelling.
Discretionary Use Classes (See Regulations 23 and 103):
Agriculture, Antenna, Apartment Building, Bed and Breakfast, Boarding House,
Cemetery, Child Care, Collective Residential, Convenience Store, Double Dwelling,
Educational, Medical Treatment and Special Care, Mobile Home and Place of Worship.
Dwellings
Apartment Building - Bedrooms
Single
&
Mobile
Home*
*
Double
Row
1
2
3
4 +
Lot Area (m2) -
minimum
450
390*
350*
(avg.)
200*
250*
280*
300*
Floor Area (m2)
- minimum
80**
80*
65*
40*
50*
60*
70*
Frontage (m) -
minimum
15
26
12*
(avg.)
36
Building Line
Setback (m) -
minimum
6
6
8
8
Sideyard Width
(m) - minimum
1.5
1.5
1.5
5
Sideyard Width -
Flanking Road
(m) - minimum
6
6
8
8
Town of Arnold's Cove
Development Regulations 2010
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SCHEDULE C - R ZONE
Rearyard Depth
(m) - minimum
9
9
9
14
Lot Coverage -
all buildings
combined (%) -
minimum
33
33
33
33
Height (m) -
maximum
8
8
10
10
* Per Dwelling Unit
** There is no minimum floor area for a mobile home
CONDITIONS FOR THE RESIDENTIAL ZONE
Including the standards contained in this part, Regulations 1 to 6 and Parts I, II, III and IV
and Schedules A, B and D, must be considered when reviewing an application for
development and/or a subdivision.
1.
Municipal Services
All development in this Zone shall be connected to municipal water and sewer
services unless otherwise approved by the Town in which instance the requirements
of the Rural Residential Zone, Conditions 1, 2, 3 and 4 shall apply and the approval
of the Department of Government Services is required.
2.
Commercial and Public, Agriculture and Other Non-Residential Development
Commercial, industrial, public, institutional and other non-residential development
shall be compatible with residential development and shall not negatively affect the
use and enjoyment of nearby residential properties in accordance with the
requirements established by the Town. Agriculture is limited to greenhouses and the
growing of plants.
3.
Home Business Accessory Use
See Regulations 31 and 54.
Town of Arnold's Cove
Development Regulations 2010
Page 68
SCHEDULE C - RR ZONE
USE ZONE TABLE -
RURAL RESIDENTIAL (RR) ZONE
ZONE TITLE
RURAL RESIDENTIAL (RR)
PERMITTED USE CLASSES - (see Regulation 102)
Antenna, Conservation, Public Services and Public Utilities, Recreational Open Space
and Trails and Single Dwelling.
DISCRETIONARY USE CLASSES (see Regulations 23 and 103)
Agriculture, Bed and Breakfast and Boarding House, Child Care, Campground,
Convenience Store, Family and Group Care Centre, Mineral Exploration, Mobile Home
and Utilities.
CONDITIONS FOR THE RURAL RESIDENTIAL ZONE
Including the standards contained in this part, Regulations 1 to 6 and Parts I, II, III and IV
and Schedules A, B and D must be considered when reviewing an application for
development and/or a subdivision.
1.
Development Standards
Lot area (minimum) . . . . . . . . . . . . . . . . . . . . . . . . . . . . see Conditions 2, 3 and 4
Frontage (minimum).. . . . . . . . . . . . . . . . . . . . . . . . . . . see Conditions 2, 3 and 4
Building Line Setback (minimum). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 m
Side Yard Width (minimum).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 m
Side Yard Width Flanking Road (minimum) . . . . . . . . . . . . . . . . . . . . . . . . . . 5 m
Rear Yard Depth (minimum). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 m
Lot Coverage (maximum - all buildings combined). . . . . . . . . . . . . . . . . . . 33%
2.
Lot Area and Frontage - Unserviced Development
Where the development lacks municipal water and sewer services (unserviced) the
minimum lot size is as determined by the Department of Government Services or
1860 m2, whichever is greater.
The minimum lot frontage shall be as determined by the Department of Government
of Services or 30 metres minimum, whichever is greater.
Town of Arnold's Cove
Development Regulations 2010
Page 69
SCHEDULE C - RR ZONE
3.
Lot Area and Frontage - Semi-serviced Development
For semi-serviced building lots (lots where water or sewage disposal services will
be provided off-site), a minimum lot size of 1,400 m2 is required. A minimum
frontage of 23 metres is required throughout the entire area in which the absorption
field (distribution box to end of absorption trenches) is to be installed. The area must
be sufficient to accommodate the septic system while maintaining separation
distances and have sufficient space for the installation of a replacement system.
4.
Infilling Adjustment - Lot Area and Frontage - Unserviced and Semi-serviced
Development
Where unserviced or semi-serviced land is surrounded by development which
prohibits expansion and where approval cannot be awarded because the proposed
lot size does not comply with the minimum lot size and width requirements, the
requirements to literal conformity may be adjusted if:
a)
the adjustment amounts to no more than a twenty percent (20%) reduction
in the requirements;
b)
the adjustment is not contrary to the general intent and purpose of the policy
and procedure as set out in the Private Sewage Disposal and Water Supply
Standards;
c)
the application of the adjustment would not interfere with the maintenance
of required distance separations and sewage system dimensions;
d)
the application of the adjustment would not undermine the quality of adjacent
property or pose a hazard to human health;
e)
the application of the adjustment is related to the specific property and is not
general to land within the area;
f)
the particular practical difficulties for the owner or developer are
distinguishable from a mere inconvenience or desire to acquire monetary
gain.
5.
Commercial and Public, Agriculture and Other Non-Residential Development
Commercial, industrial, public, institutional and other non-residential development
shall be compatible with residential development and shall not negatively affect the
Town of Arnold's Cove
Development Regulations 2010
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SCHEDULE C - RR ZONE
use and enjoyment of nearby residential properties in accordance with the
requirements established by the Town. Agriculture is limited to greenhouses and the
growing of plants.
6.
Home Business Accessory Use
See Regulations 31 and 54.
7.
Outdoor Storage
The Town may permit open storage of materials, goods and machinery associated
with a permitted use provided the open storage is not located in front of the building
and the storage area is fenced or otherwise screened from view.
Scrap, scrapped vehicles, machinery parts, oil drums and tanks and so forth shall
not be allowed in outdoor storage areas.
Town of Arnold's Cove
Development Regulations 2010
Page 71
SCHEDULE C - MD ZONE
71
USE ZONE TABLE - MIXED DEVELOPMENT (MD) ZONE
ZONE TITLE
MIXED DEVELOPMENT (MD)
PERMITTED USE CLASSES - (see Regulation 102)
Apartment Building, Bed and Breakfast and Boarding House, Child Care, Conservation,
Double Dwelling, Public Services and Public Utilities, Recreational Open Space and
Trails, Row Dwelling, Single Dwelling and Subsidiary Dwelling.
DISCRETIONARY USE CLASSES (see Regulations 23 and 103)
Agriculture, Antenna, Campground, Catering, Cemetery, Club and Lodge, Collective
Residential, Commercial-Residential (eg. hotel, motel, inn), Communications,
Convenience Store, Cultural and Civic, Educational, Family and Group Care Centre,
Fire Station, General Assembly, General Service, Indoor Assembly, Light Industry,
Medical and Professional, Medical Treatment and Special Care, Mineral Exploration,
Mobile Home, Office, Outdoor Assembly, Passenger Assembly, Personal Services,
Place of Worship, Police Station, Service Station, Shop, Take-out Food Service, Taxi
Stand and Transportation.
CONDITIONS FOR THE MIXED DEVELOPMENT ZONE
Including the standards contained in this part, Regulations 1 to 6 and Parts I, II, III and IV
and Schedules A, B and D must be considered when reviewing an application for
development and/or a subdivision.
1.
Municipal Services
All development in this Zone shall be connected to municipal water and sewer
services unless otherwise approved by the Town in which instance the requirements
of the Rural Residential Zone, Conditions 1, 2, 3 and 4 shall apply and the approval
of the Department of Government Services is required.
2.
Development Standards - Residential Uses
Apartment Buildings, Double dwellings, Row Dwellings and Single Dwellings shall
comply with the requirements of the Residential Zone.
3.
Development Standards - Non-Residential Uses
Town of Arnold's Cove
Development Regulations 2010
Page 72
SCHEDULE C - MD ZONE
72
Lot area (minimum) . . . . . . . . . . . . . . . . . . . . . . . . . . . as determined by the Town
Frontage (minimum).. . . . . . . . . . . . . . . . . . . . . . . . . as determined by the Town
Building Line Setback (minimum). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 m
Side Yard Width (minimum).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 m
Side Yard Width Flanking Road (minimum) . . . . . . . . . . . . . . . . . . . . . . . . . . 8 m
Rear Yard Depth (minimum). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 m
Building Height (maximum). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 m
4.
Commercial, Public, Agriculture and Other Non-Residential Development
(1)
Commercial, industrial, public, institutional and other non-residential
development shall be designed and located in such a way as to be
compatible with residential development in the general vicinity of the
development.
(2)
Areas which are exclusively residential in character shall be particularly
restricted as to the types of non-residential uses permitted. In general only
accessory uses to a residential use, along with recreational open space and
public utilities and services can be permitted in such areas.
(3)
Catering - the Catering Use Class shall be limited to restaurants or similar
facilities and shall not include bars, lounges and taverns.
(4)
Agriculture is limited to greenhouses and the growing of plants.
5.
Home Business Accessory Use
See Regulations 31 and 54.
6.
Outdoor Storage
The Town may permit open storage of materials, storage bins, goods and
machinery provided the open storage is fenced or otherwise screened from
view.
Scrap, scrapped vehicles, machinery parts, oil drums and tanks and so
forth shall not be allowed in outdoor storage areas.
DRA-2012-4 and NL Gazette.
Town of Arnold's Cove
Development Regulations 2010
Page 73
SCHEDULE C - COM ZONE
USE ZONE TABLE -
COMMERCIAL (COM)
ZONE
ZONE TITLE
COMMERCIAL (COM)
PERMITTED USE CLASSES - (see Regulation 102)
Amusement, Antenna, Apartment, Catering, Club and Lodge, Commercial-
Residential (eg. hotel, motel, inn), Communications, Conservation, Convenience
Store, Cultural and Civic, Fire Station, Funeral Home, General Service, Indoor
Assembly, Indoor Market, Medical and Professional, Office, Passenger Assembly,
Personal Services, Police Station, Public Services and Public Utilities, Recreational
Open Space and Trails, Shop, Take- out Food Service, Taxi Stand, Theatre and
Transportation.
DISCRETIONARY USE CLASSES (see Regulations 23 and 103)
Agriculture, Apartment, Campground, Educational, General Assembly, General
Industry, Light Industry, Medical Treatment and Special Care, Mineral Exploration,
Outdoor Assembly, Outdoor Market, Service Station, Solid Waste Disposal
(recycling or waste transfer facility only) and Veterinary.
DRA-2012-4 and NL Gazette
CONDITIONS FOR THE COMMERCIAL ZONE
Including the standards contained in this part, Regulations 1 to 6 and Parts I, II, III and IV
and Schedules A, B and D must be considered when reviewing an application for
development and/or a subdivision.
1.
Municipal Services
All development in this Zone shall be connected to municipal water and sewer
services unless otherwise approved by the Town in which instance the requirements
of the Rural Residential Zone, Conditions 1, 2, 3 and 4 shall apply and the approval
of the Department of Government Services is required.
2.
Development Standards
Lot area (minimum) . . . . . . . . . . . . . . . . . . . . . . . . . . . as determined by the Town
Frontage (minimum).. . . . . . . . . . . . . . . . . . . . . . . . . as determined by the Town
Building Line Setback (minimum). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 m
Side Yard Width (minimum).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 m
Town of Arnold's Cove
Development Regulations 2010
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SCHEDULE C - COM ZONE
Side Yard Width Flanking Road (minimum) . . . . . . . . . . . . . . . . . . . . . . . . . . 10 m
Rear Yard Depth (minimum). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 m
Building Height (maximum). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 m
3.
Outdoor Storage
The Town may permit open storage of materials, goods and machinery associated
with a permitted use provided the open storage is not located in front of the building
and the storage area is fenced or otherwise screened from view.
Scrap, scrapped vehicles, machinery parts, oil drums and tanks and so forth shall
not be allowed in outdoor storage areas.
4.
Agriculture
Agriculture is limited to greenhouses and the growing of plants.
5.
General Industry and Light Industry, Recycling and Waste Transfer
The Town shall ensure that general and light industrial development and recycling
and waste transfer facilities are suitably landscaped and screened and compatible
with adjacent commercial retail and office uses.
Town of Arnold's Cove
Development Regulations 2010
Page 75
SCHEDULE C - IND ZONE
USE ZONE TABLE - INDUSTRIAL (IND) ZONE
ZONE TITLE
INDUSTRIAL (IND)
PERMITTED USE CLASSES - (see Regulation 102)
Antenna, Conservation, General Industry, Light Industry, Mineral Exploration, Office
and Shop.
DISCRETIONARY USE CLASSES (see Regulations 23 and 103)
Catering, Hazardous Industry, Mineral Working and Recreational Open Space and
Trails and Utilities.
CONDITIONS FOR THE INDUSTRIAL ZONE
1.
General Conditions
(1)
Including the standards contained in this part, Regulations 1 to 6 and Parts
I, II, III and IV and Schedules A, B and D must be considered when
reviewing an application for development and/or a subdivision.
(2)
All development in this Zone is subject to the approval of the relevant
Provincial and Federal Government departments and agencies, as well as
the Town.
(3)
The development standards are as determined by the Town after
consultation and approval by the relevant Provincial and Federal
departments and agencies.
(4)
Non-industrial development shall be compatible with the permitted and
discretionary industrial - hazardous industry, general industry, light industry
- use classes.
2.
Municipal Services
Subject to the necessary approvals, development in this Zone can take place either
on municipal water and sewer services or on other types of water supply and waste
disposal systems subject to the approval of the Department of Government
Services.
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SCHEDULE C - IND ZONE
3.
Catering
Unless it is accessory to an industrial use, catering as a discretionary use may only
be permitted in the port area.
4.
Hazardous Industry
Hazardous Industry may only be permitted if it does not adjoin a Residential or
Mixed Development zone.
Town of Arnold's Cove
Development Regulations 2010
Page 77
SCHEDULE C - CS ZONE
USE ZONE TABLE - COMMUNITY SERVICE (CS) ZONE
ZONE TITLE
COMMUNITY SERVICE (CS)
PERMITTED USE CLASSES - (see Regulation 102)
Conservation, Cultural and Civic, Educational, Fire Station, Indoor Assembly, Medical
Treatment and Special Care, Medical and Professional, Office, Police Station, Public
Services and Public Utilities, Recreational Open Space and Trails and Theatre.
DISCRETIONARY USE CLASSES (see Regulations 23 and 103)
Antenna, Club and Lodge, General Assembly and Outdoor Assembly.
CONDITIONS FOR THE COMMUNITY SERVICE ZONE
Including the standards contained in this part, Regulations 1 to 6 and Parts I, II, III and IV
and Schedules A, B and D must be considered when reviewing an application for
development and/or a subdivision.
1.
Municipal Services
All development in this Zone shall be connected to municipal water and sewer
services unless otherwise approved by the Town in which instance the requirements
of the Rural Residential Zone, Conditions 1, 2, 3 and 4 shall apply and the approval
of the Department of Government Services is required.
2.
Development Standards
Lot area (minimum) . . . . . . . . . . . . . . . . . . . . . . . . . . . as determined by the Town
Frontage (minimum).. . . . . . . . . . . . . . . . . . . . . . . . . as determined by the Town
Building Line Setback (minimum). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 m
Side Yard Width (minimum).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 m
Side Yard Width Flanking Road (minimum) . . . . . . . . . . . . . . . . . . . . . . . . . . 10 m
Rear Yard Depth (minimum). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 m
Building Height (maximum). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 m
Town of Arnold's Cove
Development Regulations 2010
Page 78
SCHEDULE C - RU ZONE
USE ZONE TABLE
RURAL (RU) ZONE
ZONE TITLE
Rural (RU)
PERMITTED USE CLASSES - (see Regulation 102)
Agriculture, Conservation, Forestry, Mineral Exploration, Public Services and Public
Utilities and Recreational Open Space.
DISCRETIONARY USE CLASSES - (see Regulations 23 and 103)
Animal, Antenna, Campground and Tourist Cabins, Cemetery, General Industry, Light
Industry, Mineral Working, Outdoor Market, Scrap Yard, Single Dwelling, Solid Waste
Disposal, Transportation and Utilities.
CONDITIONS FOR THE RURAL ZONE
Regulations 1 to 6 and Parts I, II, III and IV and Schedules A, B and D must be considered
when reviewing an application for development and/or a subdivision.
1.
General Development Standards
The minimum lot area, frontage and front, rear and side yards shall be as
determined by the Town, subject to the approvals of the Agrifoods Branch and the
Forest Resources and Mineral Lands Divisions of the Department of Natural
Resources along with the Government Service Centre. Applications shall also be
referred to other departments and agencies as required.
2.
Other Conditions
(1)
Campground and Tourist Cabins
A campground may only be approved in accordance with a plan approved
by the Town, and tourist cabins ('commercial residential' under Schedule B)
may only be permitted as part of a campground.
(2)
General Industry
a)
General industry shall be restricted to the maintenance and repair of
equipment, processing and storage related to agriculture, forestry or
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SCHEDULE C - RU ZONE
mineral working uses. However, where the lands zoned Rural abut
Arnold's Cove or Great Southern Harbour, general and light industrial
uses that are marine and/or fisheries related may be permitted.
b)
Unless the Town is satisfied that the general industry use will not
create a nuisance and will not adversely affect the amenity of the
surrounding area, the Town shall require the provision of buffering by
the developer to the satisfaction of the Town.
(3)
Scrap Yard
A scrap yard may only be permitted subject to the following conditions:
a)
it does not abut a residential zone or development or open
watercourse or wetland or a development or area used for ;
b)
a screen fence satisfactory to the Town of at least 1.8 metres height
is erected around area used for open storage;
c)
where it is located within or adjacent a commercial, residential or
institutional area or development, there is no outdoor storage.
(3)
Single Dwelling
A single dwelling may only be permitted as an accessory use to a permitted
use. A dwelling is subject to the approval of the Department of Natural
Resources and the Government Service Centre before a permit is issued by
the Town.
(4)
Solid Waste Disposal
A solid waste disposal site, including a transfer station for solid wastes
established to store solid waste until such time as it is brought to another
site, may only be used and developed in a manner approved by the
Department of Environment and Conservation.
Town of Arnold's Cove
Development Regulations 2010
Page 80
SCHEDULE C - EP ZONE
USE ZONE TABLE -
ENVIRONMENTAL PROTECTION (EP) ZONE
ZONE TITLE
ENVIRONMENTAL PROTECTION
PERMITTED USE CLASSES - (see Regulation 102)
Conservation
DISCRETIONARY USE CLASSES - (see Regulations 23 and 103)
Agriculture, Public Services and Public Utilities and Roads and Recreational Open
Space and Trails, Transportation and Utilities.
CONDITIONS FOR THE ENVIRONMENTAL PROTECTION ZONE
1.
Minister of Environment and Conservation
All development in this zone is subject to the approval of the Minister of
Environment and Conservation before a permit is issued by the Town.
2.
Parts I, II, III and IV and Schedules A, B, and D of the Development
Regulations
Including the standards contained in this part, Regulations 1 to 6 and Parts I, II, III,
and IV and Schedules A, B and D must be considered when reviewing an
application for development and/or a subdivision.
Town of Arnold's Cove
Development Regulations 2010
Page 81
SCHEDULE C - PPWS ZONE
USE ZONE TABLE- PROTECTED PUBLIC WATER SUPPLY (PPWS) ZONE
ZONE TITLE:
PROTECTED PUBLIC WATER SUPPLY
PERMITTED USE CLASSES - (see Regulation 102)
See Conditions.
DISCRETIONARY USE CLASSES - (see Regulations 23 and 103)
See Conditions.
CONDITIONS FOR THE PROTECTED PUBLIC WATER SUPPLY ZONE
1.
General Conditions and Referrals
In addition to any other approvals or requirements by the Town, all development in
this zone shall be subject to the approval of the Minister of Environment and
Conservation.
Conditions 1, 2, 3, 4, and 5 are based upon Department of Environment and
Conservation Policy Directive W.R. 95-01 - Water Resources Division as modified.
(1)
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.
(2)
The Minister of Environment and Conservation may require proponents of
existing activities, which have potential to impair water quality, to obtain
his/her approval.
(3)
No development shall be carried out in a designated area except in
accordance with this policy.
(4)
No person shall carry out any development in a designated area without
obtaining prior approval in writing from the Minister.
2.
Activities Not Permitted in a Designated Area
Although they may be associated with any one of the Permitted or Discretionary
Uses under any one of the Zone overlays, the following activities shall not be
Town of Arnold's Cove
Development Regulations 2010
Page 82
SCHEDULE C - PPWS ZONE
permitted in the Protected Water Supply:
a)
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;
b)
using an intake, pond, lake or specified buffer zones for any activity
detrimental to water quality, and not permitted in the Environment Act;
c)
using ice covered water body for transporting logs or wood, riding
skidoos/motor vehicles/all terrain vehicles, leading of animals, or any other
activity, including littering, which impairs or has potential to impair water
quality;
d)
using or operating existing facilities in such a manner that impairs or has
potential to impair water quality;
e)
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.
f)
application of herbicides in the right-of-way, and use of chemically treated
utility poles and other related structures; and,
g)
any other storage or disposal facilities that the Minister of Environment and
Conservation considers environmentally unacceptable.
3.
Activities Regulated in a Designated Area
Subject to the other provisions of these Regulations, in this zone no person shall
undertake any of the following activities without obtaining prior written approval from
the Minister of Environment and Conservation and a permit from the Town:
a)
expansion and upgrading of the existing activities, operations or facilities;
b)
land clearing or drainage, construction of access roads, servicing of lands for
subsequent use, or extension and upgrading of existing buildings or facilities;
c)
installation of storm or sanitary sewer pipelines, pipelines for transmission of
water for hydroelectric generation, agriculture uses, or any other purposes;
d)
construction of roads, bridges, culverts, and other stream crossings, and
Town of Arnold's Cove
Development Regulations 2010
Page 83
SCHEDULE C - PPWS ZONE
installation of power and telecommunication transmission lines;
e)
modification to intake structures, pump house, reservoir; and
f)
any other development or activity which, in the opinion of the Minister of
Environment and Conservation, has caused impairment or has potential to
impair water quality.
4.
Approval Process
(1)
The proponent shall submit a detailed development plan along with maps,
drawings and specifications and other information as required by the Town
and the Minister of Environment and Conservation for approval.
(2)
The Minister of Environment and Conservation may, on the recommendation
of his/her officials, issue a certificate of approval for the proposed
development on such terms and conditions as the Minister considers
necessary to protect water quality.
(3)
The proponent shall obtain separate approvals from the Minister and
Conservation for all permanent or temporary stream crossings or for
alteration to bodies of water that may be necessary to carry out the approved
development.
(4)
The proponent shall also obtain licences, permits or approvals under other
Acts and Regulations, including the Development Regulations as required
prior to commencing the approved work.
(5)
The proponent of the approved development shall notify the Town by
providing a copy of the approval issued under this policy before commencing
the work.
(6)
The proponent shall maintain adequate liaison and consultation with the
person or authority responsible for the operation and maintenance of the
waterworks during the implementation and operation of the approved work.
(7)
The Minister of Environment and Conservation may require the inspection
of the approved development from time to time by his/her officials to ensure
that the development is carried out in an environmentally acceptable manner
and the proponent is complying with the terms and conditions of the
approval.
(8)
The Minister of Environment and Conservation may require a proponent to
Town of Arnold's Cove
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SCHEDULE C - PPWS ZONE
monitor water quality according to a monitoring program approved by the
Minister in order to evaluate the impact of the approved development on
public water supply.
5.
Buffer Zones
The proponents shall provide the following widths of buffer zones along and around
water bodies from the high water mark in a designated area:
Water Body
Width of Buffer Zones
Intake pond or lake
a minimum of 150 metres
River intake
a minimum of 150 metres for a distance
of one kilometre upstream and 100
metres downstream
Main river channel
a minimum of 75 metres
Major tributaries, lakes or ponds
a minimum of 50 metres
Other water bodies
a minimum of 30 metres
No development activity shall be permitted in buffer zones except those that are
intended to promote vegetation.
6.
Forestry
Approvals for woodcutting or other forestry related activities within this zone must
be obtained from the provincial Department of Natural Resources - Forest
Management Unit.
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Development Regulations 2010
Page 85
SCHEDULE C - HWY ZONE
USE ZONE TABLE -
HIGHWAY (HWY) ZONE
ZONE TITLE
HIGHWAY
PERMITTED USE CLASSES - (see Regulation 102)
Conservation and Public Services and Public Utilities and Roads.
DISCRETIONARY USE CLASSES - (see Regulations 23 and 103)
Recreational Open Space and Trails.
CONDITIONS FOR THE HIGHWAY ZONE
All development in this zone is subject to the approval of the Department of Transportation
and Works..
Town of Arnold's Cove
Development Regulations 2010
Page 86
SCHEDULE D - PARKING
SCHEDULE D
PARKING AND OFFSTREET LOADING REQUIREMENTS
1.
General
(1)
For every building, structure or use to be erected, enlarged or established,
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 the on-street parking of vehicles associated with that building,
structure or use.
(2)
The number of parking spaces to be provided for any building, structure, use
of occupancy shall conform to the standards set out in this Schedule.
(3)
Each parking space, except in the case of single or double-family dwellings,
shall be made accessible by means of a hard surfaced right-of-way at least
3 m in width. Parking required in a residential zone shall be provided on the
same lot as the dwelling or dwellings. Parking space for apartments shall be
provided in the rear yard where possible. In a non-residential zone, parking
spaces shall be provided within the limits of the zone in which the use is
situated and not more than 200 m distant from the use concerned.
(4)
The parking facilities required by this Regulation shall, except in the case of
single or double dwellings, be arranged so that it is not necessary for any
vehicle to reverse onto or from a street.
(5)
Where, in these Regulations, parking facilities for more than four vehicles are
required or permitted, with parking perpendicular to the curb the minimum
dimensions shall be as follows:
a)
parking stall width -
2.75 metres
b)
parking stall length or depth -
5.80 metres
c)
aisle width, parking stalls across from each other - 7.30 metres
d)
aisle width, other obstruction -
7.30 metres
e)
driveway width
7.00 metres.
Where the parking stall is horizontal to the curb, the minimum length of the
stall shall be 7.00 metres, and the minimum aisle width (if applicable) shall
be at least 4 metres, more if deemed necessary by the Town.
For any other parking lot configuration, the requirements shall as be as
specified by the Town, but in no instance shall the requirements be less than
that specified for perpendicular parking spaces.
Town of Arnold's Cove
Development Regulations 2010
Page 87
SCHEDULE D - PARKING
(6)
Other requirements for parking areas are as follows:
a)
the parking area shall be constructed and maintained to the
specifications of the Town;
b)
the lights used for illumination of the parking area shall be so
arranged as to divert the light away from adjacent development;
c)
a structure, not more than 3 m in height and more than 5 m² in area
may be erected in the parking area for the use of attendants in the
area;
d)
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;
e)
no part of any off-street parking area shall be closer than 1.5 m to the
front lot line in any zone;
f)
access to parking areas in non-residential zones shall not be by way
of residential zones;
g)
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;
h)
where, in the opinion of the Town, strict application of the above
parking requirements is impractical or undesirable, the Town 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 the
Town for the provision and upkeep of alternative parking facilities
within the general vicinity of the development.
2.
Offstreet Parking Spaces
The offstreet parking requirements for uses in the various use classes set out in
Schedule B shall be as set out in the following table.
In case of developments including uses in more than one class, these standards
shall be regarded as cumulative.
Adequate offstreet provision for drop-off and pick-up of persons shall be provided
in developments where required, such as uses within the education, passenger
assembly, child care, medical treatment and special care, commercial-residential
and take-out food service classes.
Town of Arnold's Cove
Development Regulations 2010
Page 88
SCHEDULE D - PARKING
CLASS MINIMUM OFF-STREET PARKING REQUIREMENT
Theatre
One space for every 5 seats.
Cultural and Civic
One space for every 50 square metres of gross floor
areas.
General Assembly
One space for every 10 square metres of gross floor
area.
Educational
Schools - 2 spaces for every class-room.
Further education - 1 space for every 5 persons using
the facilities (students, faculty and staff).
Place of Worship
One space for every 5 seats.
Passenger Assembly
As specified by the Town.
Club and Lodge
One space for every 3 persons that may be
accommodated at one time.
Catering
One space for every 3 customers that may be
accommodated at one time.
Funeral Home
.One space for every 10 square metres of gross floor
area.
Child Care
One space for every 20 square metres of gross floor
area
Amusement
One space for every 10 square metres of gross floor
area.
Indoor Assembly
One space for every 10 spectators that may be
accommodated at one time.
Outdoor Assembly
As specified by the Town.
Campground
As specified by the Town.
Penal and Correctional
Detention
Medical Treatment and
Special Care
As specified by the Town.
One space per 20 m2 of suite or ward area.
Town of Arnold's Cove
Development Regulations 2010
Page 89
SCHEDULE D - PARKING
CLASS MINIMUM OFF-STREET PARKING REQUIREMENT
Single Dwelling
Two spaces for every dwelling unit.
Double Dwelling
Two spaces for every dwelling unit.
Row Dwelling
Two spaces for every dwelling unit.
Apartment Building
Three spaces for every two dwelling units.
Collective Residential
As specified by the Town.
Boarding House Residential
and/or Bed and Breakfast
As specified by the Town.
Commercial Residential
One space for every guest room.
Seasonal Residential
One space per dwelling unit.
Mobile Homes
Two spaces for every dwelling unit.
Office
One space for every 20 m2 of gross floor area.
Medical and Professional One space for every 20 m2 of gross floor area.
Personal Service
One space for every 20 m2 of gross floor area.
General Service
One space for every 20 m2 of gross floor area.
Communications
As specified by the Town.
Police Station
As specified by the Town.
Taxi Stand
As specified by the Town.
Take-out Food Service
One space for every 20 m2 of gross floor area.
Veterinary
One space for every 20 m2 of gross floor area.
Shopping Centre
One space for every 15 m2 of gross floor area.
Shop
One space for every 20 m2 of gross floor area.
Indoor Market
As specified by the Town.
Outdoor Market
As specified by the Town.
Convenience Store
One space for every 20 m2 of gross floor area.
Town of Arnold's Cove
Development Regulations 2010
Page 90
SCHEDULE D - PARKING
CLASS MINIMUM OFF-STREET PARKING REQUIREMENT
Hazardous Industry
As specified by the Town, but not less than one space
per 100 m2 of gross floor area or 10 parking spaces,
whichever is greater.
General Industry
As specified by the Town, but not less than one space
per 100 m2 of gross floor area or 10 parking spaces,
whichever is greater.
Service Station
One space for every 20 m2 of gross floor area.
Light Industry
As specified by the Town, but not less than one space
per 50 m2 of gross floor area or 5 parking spaces,
whichever is greater.
Agriculture
Not specified.
Forestry
Not specified.
Mineral Working
Not specified.
Mining
Not specified.
Recreational Open Space
Not specified.
Conservation
Not specified.
Cemetery
Not specified.
Scrap Yard
Not specified.
Solid Waste
Not specified.
Animal
Not specified.
Antenna
Not specified.
Transportation
As determined by the Town, taking into consideration
associated uses.
Marina
As determined by the Town, taking into consideration
associated uses.