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Town of Badger
Development Regulations 2015-25
Prepared for
Prepared by
The Town of Badger
Baird Planning Associates
2015
Gazette date (legal effect): October 30, 2015
Consolidation: No amendments as of November 13, 2015
TABLE OF CONTENTS
Regulation
Page
APPLICATION
1.
Short Title .............................................................................................................. 1
2.
Interpretation .......................................................................................................... 1
3.
Commencement ......................................................................................................1
4.
Ministerial Development Regulations .....................................................................1
5.
Municipal Code and Regulations ............................................................................1
6.
Council ................................................................................................................... 1
PART I - GENERAL REGULATIONS
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 Council ........................................................................... 3
12.
Variances ................................................................................................................ 3
13.
Notice of Variance .................................................................................................. 3
14.
Service Levy .......................................................................................................... 4
15.
Financial Guarantees by Developer ....................................................................... 4
16.
Dedication of Land for Public Purposes ................................................................ 5
17.
Restoration of Land ................................................................................................ 5
18.
Form of Application ............................................................................................... 5
19.
Register of Application ...........................................................................................5
20.
Deferment of Application ...................................................................................... 5
21.
Approval in Principle ............................................................................................. 6
22.
Development Permit .............................................................................................. 7
23.
Temporary Use Permit ............................................................................................ 8
24.
Permit Fees.............................................................................................................. 8
25.
Compliance with Legislation ................................................................................. 8
26.
Reasons for Refusing Permit ................................................................................. 8
27.
Notice of Right to Appeal ...................................................................................... 8
28.
Appeals ................................................................................................................... 9
29.
Return of Appeal Fee ............................................................................................. 9
30.
Notice of Application ............................................................................................ 9
31.
Delegation of Powers ........................................................................................... 10
32.
Right of Entry ...................................................................................................... 10
33.
Record of Violations ............................................................................................ 10
34.
Stop Work Order and Prosecution ....................................................................... 10
PART II - GENERAL DEVELOPMENT STANDARDS
35.
Access Ramps ...................................................................................................... 11
36.
Accessory Buildings ........................................................................................... 11
37.
Home Occupations ................................................................................................12
38.
Childcare Service ...................................................................................................13
39.
Bed and Breakfast Establishments ........................................................................13
40.
Archaeological Sites ..............................................................................................13
41.
Industrial Buffer Strips .........................................................................................13
42.
Building Lines and Setbacks .................................................................................14
43.
Multiple Uses on One Lot .....................................................................................14
44.
Main Buildings on a Lot .......................................................................................14
45.
Comprehensive Development .............................................................................. 15
46.
Residential Care Homes. ........................................................................................15
47.
Lot Area ................................................................................................................16
48.
Lot Area and Size Exceptions ................................................................................16
49.
Lot Frontage ...........................................................................................................16
50.
Non-Conforming Use ............................................................................................16
51.
Offensive and Dangerous Uses .............................................................................18
52.
Parks, Playgrounds and Open Spaces ...................................................................18
53.
Screening and Landscaping ..................................................................................18
54.
Public Services and Utilities .................................................................................18
55.
Energy Generation Facilities..................................................................................18
56.
Site Development Requirements............................................................................19
57.
Street Construction Standards ................................................................................20
58.
Development Adjacent to Watercourses and Wetlands .........................................20
59.
Line of Vision at Intersections ..............................................................................21
60.
Development in the Vicinity of a Public Right-of-Way ........................................21
61.
Service Stations .....................................................................................................21
62.
Building Development Controls in Floodplains ....................................................21
PART III- SIGNS
63.
Permit Required ....................................................................................................24
64.
Provincial Highways .............................................................................................24
65.
Form of Application ..............................................................................................24
66.
Approval Subject to Conditions .............................................................................24
67.
Signs Prohibited in Street Reservation .................................................................24
68.
Removal of Signs ..................................................................................................24
69.
Signs Exempt from Control ................................................................................. 24
70.
General Standards for Signs ..................................................................................25
71.
Residential Zones ...................................................................................................25
PART IV- SUBDIVISION OF LAND
72.
Application of Part III ...........................................................................................26
73.
Permit Required ....................................................................................................26
74.
Services to be Provided .........................................................................................26
75.
Payment of Service Levies and Other Charges ......................................................26
76.
Permit Subject to Considerations ..........................................................................26
77.
Building Permits Required ....................................................................................27
78.
Form of Application ..............................................................................................27
79.
Subdivision Subject to Zoning ..............................................................................28
80.
Buildings Lines ......................................................................................................28
81.
Dedication of Land for Public Use ........................................................................28
82.
Structure in Street Reservation .............................................................................28
83.
Subdivision Design Standards ..............................................................................28
84.
Engineer to Design Works and Certify Construction Layout ...............................29
85.
Developer to Pay Engineer's Fees and Charges ....................................................29
86.
Street Works may be Deferred ...............................................................................30
87.
Transfer of Streets and Utilities to Council ..........................................................30
88.
Restriction on Sale of Lots ....................................................................................30
89.
Grouping of Buildings and Landscaping ..............................................................31
PART V - USE ZONES
90.
Use Zones ............................................................................................................. 32
91.
Map Interpretation. ................................................................................................32
92.
Use Classes ...........................................................................................................32
93.
Permitted Uses ......................................................................................................32
94.
Discretionary Uses ................................................................................................33
95.
Uses Not Permitted ...............................................................................................33
SCHEDULES
SCHEDULE A - Definitions
SCHEDULE B - Classification of Uses of Land and Buildings
SCHEDULE C - Use Zone Tables
SCHEDULE D - Off-Street Parking Requirements
SCHEDULE E - Ministerial Development Regulations
SCHEDULE F - Provincial Policy for Floodplain Management
Town of Badger
Development Regulations 2015-2025 APPLICATION
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Badger Development Regulations - Page 1
TOWN OF BADGER MUNICIPAL PLAN
DEVELOPMENT REGULATIONS
APPLICATION
1.
Short Title
These Regulations may be cited as the Badger 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 that are
commonly assigned to them in the context in which they are used in the
Regulations.
3.
Commencement
These Regulations came into effect throughout the Badger Municipal Planning Area,
hereinafter referred to as the Planning Area, on the date of publication of a notice to that
effect in the Newfoundland and Labrador Gazette.
4.
Ministerial Development Regulations
The Ministerial Development Regulations (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 Badger Development Regulations, the Ministerial
Regulations shall prevail. The Ministerial Development Regulations are included with the
Badger Development Regulations (See Schedule E).
5.
Municipal Code and Regulations
The building regulations and any other municipal regulations controlling the
development, conservation, and use of land shall under these Regulations apply to the
entire Planning Area. The National Building Code of Canada, the Fire Code of Canada,
and all ancillary codes and regulations, shall also apply to the entire Planning Area.
6.
Council
In these Regulations, "Council" means the Municipal Council of the Town of Badger.
Town of Badger
Development Regulations 2015-2025 PART I - GENERAL REGULATIONS
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Badger Development Regulations - Page 2
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 Council has issued a permit for the
development.
9.
Permit to be Issued
Subject to Regulation 10 - Permit not to be Issued in Certain Cases and Regulation
11 - Discretionary Powers of Council, a permit shall be issued for development within
the Planning Area that conforms to the requirements of these Regulations, including:
(a)
The general development standards set out in Part II of these Regulations, the
requirements of Part IV of these Regulations, and the use classes, standards, and
conditions prescribed in Schedule C for the use zone in which the proposed
development is located.
(b)
The standards set out in Part III of these Regulations in the case of subdivision.
(c)
The standards set out in the National Building Code or other ancillary codes,
waste disposal regulations, and/or any other municipal regulation in force in the
Planning Area regulating or controlling development, conservation, and use of
land and buildings.
(d)
The standards of design and appearance established by Council.
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 Council, it is premature by reason of the site
lacking adequate road access, power, drainage, sanitary facilities, or domestic water
supply, or being beyond the natural development of the area at the time of application
unless the applicant contracts to pay the full cost of construction of the services deemed
necessary by Council and such cost shall attach to and upon the property in respect of
which it is imposed.
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11.
Discretionary Powers of Council
(1)
In considering an application for a development permit or approval in principle,
Council shall take into account the policies of the Municipal Plan and any further
scheme, plan or regulations pursuant thereto, and shall assess the general
appearance of the development, the amenity of the surroundings, availability of
utilities, public safety and convenience, and other considerations which are, in its
opinion, material, and notwithstanding the conformity of the application with the
requirements of these Regulations, Council may, in its discretion, and as a result
of its consideration of the matters set out in this Regulation, conditionally approve
or refuse the application.
(2)
When approving an application for a discretionary use, Council shall state in
writing the basis for its approval.
12.
Variances (Refer to Ministerial Development Regulations, Section 12)
(1)
Where an approval or a permit cannot be given by Council because a proposed
development does not comply with development standards set out in these
Regulations, Council may, in its discretion, vary the applicable development
standards to a maximum of 10 percent if, in Council's opinion, compliance with
the development standards would prejudice the proper development of the land,
building or structure in question, or would be contrary to the public interest.
(2)
Council 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 percent variance even though the
individual variances are separately not greater than 10 percent.
(3)
Council shall not permit a variance from the development standards where the
proposed development would increase the non-conformity of an existing
development or would result in the creation of non-conformity of any existing
legal development.
13.
Notice of Variance (Refer to Ministerial Development Regulations, Section 13)
Where Council is to consider a proposed variance, Council shall give written notice of
the proposed variance from development standards to all persons whose land is within
sixty (60) metres of the property that is the subject of the variance, and allow a minimum
period of 7 days for response.
Where it deems necessary, Council may provide notice of proposed variance to a wider
area.
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14.
Service Levy
(1)
In accordance with Section 149(2) of the Municipalities Act 1999, where Council
carries out a public work that enables a real property to be developed or
developed to a higher density, or enhances the value of a property, Council may
charge a service levy on the property.
(2)
The amount of a service levy shall be determined by Council, but shall not exceed
the cost, including finance charges, to Council of constructing or improving the
public works that are necessary for the real property to be developed in
accordance with the standards required by Council and for uses that are permitted
on that real property.
(3)
A service levy shall be assessed on the real property based on:
(a)
The amount of real property benefited by the public works related to all
the real property so benefited; and,
(b)
The density of development made capable or increased by the public
work.
(4)
Council may require a service levy to be paid by the owner of the property
benefited and may specify the time for payment.
15.
Financial Guarantees by Developer
(1)
Council may require a developer before commencing a development to make such
financial provisions and/or enter into such agreements as may be required to
guarantee the payment of service levies, ensure site reinstatement, and to enforce
the carrying out of any other condition attached to a permit or licence.
(2)
The financial provisions pursuant to Paragraph (1) may be made in the form of:
(a)
A cash deposit from the developer, to be held by Council,
(b)
A guarantee by a bank, or other institution acceptable to Council, for
expenditures by the developer,
(c)
A performance bond provided by an insurance company or a bank, or;
(d)
An annual contribution to a sinking fund held by Council.
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16.
Dedication of Land for Public Purposes
Council may require the dedication of a percentage of the land area of any subdivision or
other development for public use, and such land shall be conveyed to Council in
accordance with Section 37 of the Act.
Unless Council decides otherwise, such land that is dedicated for public use will not
include land that Council requires to be set aside from development for the purposes of
stormwater drainage or environmental protection, whether or not that land is located
within the Environmental Protection zone.
17.
Restoration of Land
Where the use of a site is discontinued, the intensity of its use is decreased, a
development permit has been revoked or has expired, or a temporary development permit
has expired, Council may order the developer, the occupier of the site, the owner, or all of
them to restore the site, remove all or any buildings or erections, cover or fill all wells or
excavations, and close all or any accesses, or to do any or all of these things, as the case
may be, and the developer, occupier or owner shall carry out the order of Council and
shall put the site in a clean and sanitary condition to Council's satisfaction.
18.
Form of Application
(1)
An application for a development permit or for approval in principle shall be
made to Council only by the owner or by a person authorized by the owner on
such form as may be prescribed by Council and every application shall include
plans and an application fee if required.
(2)
Council shall supply to each applicant a copy of the application form referred to in
Paragraph (1) and any available information required by the applicant relevant to
the application.
19.
Register of Application
Council shall keep a public register of all development applications, and shall enter
therein Council's decision upon each application and the result of any appeal from that
decision.
20.
Deferment of Application
(1)
Council may, with the written agreement of the applicant, defer consideration of
an application.
(2)
Applications properly submitted in accordance with these Regulations, which
have not been determined by Council and on which a decision has not been com-
municated to the applicant within sixty (60) days of the application being received
by Council, shall be deemed to be refused.
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21.
Approval in Principle
(1)
An application for an approval in principle for a subdivision or other form of
development will include a description of the site and the proposed development,
including a professionally prepared drawing, which:
(a)
Delineates the limits of land to be used for the proposed development,
(b)
Shows contours and significant natural features such as wetlands,
watercourses, drainage channels, and slopes that exceed 15 percent,
(c)
Shows existing streets, buildings, and land uses in the vicinity of the site,
(d)
Shows a conceptual layout of proposed streets, trails, and other major
components of the development, and
(e)
Provides any additional information that may be requested by Council.
(2)
Council will not consider an application for an approval in principle unless that
application includes a clear description of the site and proposed development in
accordance with Paragraph (1).
(3)
Council can grant an approval in principle if it determines that the proposed
development complies generally with the intent and purposes of the Municipal
Plan and these Regulations. Council will attach to the approval in principle such
conditions that it deems necessary to ensure the proposed development will be in
accordance with the Plan and these Regulations. It will also outline such details
that the applicant will be required to address before a final development permit
will be granted.
(4)
An approval in principle will be valid for a period of one (1) year, and may be
extended for one (1) additional year, up to a maximum of two (2) years.
(5)
Where approval in principle is granted, approval of a final development permit
will be subject to the subsequent approval by Council of any details and
conditions that were outlined in the approval in principle.
(6)
Approval in principle will not constitute permission to commence development.
No form of development will commence until Council has issued a proper
development permit.
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(7)
Council may revoke approval in principle if it determines that the applicant has
changed the proposed development in a way that significantly alters the original
intent of the application or has not adequately addressed conditions or details
stipulated in the approval in principal.
(8)
A decision by Council on an application for an approval in principle can be
appealed in accordance with Section 42 of the Act.
22.
Development Permit
(1)
A written development permit issued by Council or its designated staff will
constitute permission to develop in accordance with these Regulations, but such
permission shall not relieve the applicant from full responsibility for obtaining all
other permits or approvals prior to commencement of development and
complying with all other regulations and statutes during development.
(2)
Council may attach conditions to a development permit to ensure compliance with
the Municipal Plan and these Regulations, and the permit holder will be
responsible for full compliance with these conditions.
(3)
A development permit is valid for a period of one year and may be extended for
one (1) additional year if requested by the applicant, up to a maximum of two
years.
(4)
The issuance of a development permit does not prevent Council from thereafter
requiring the correction of errors or ordering the cessation, removal of, and
remedial work on any development being carried out that is in violation of the
Municipal Plan or these Regulations.
(5)
Council may revoke a permit:
(i)
for failure by the holder of the permit to comply with these Regulations or
any condition attached to the permit or approval in principle,
(ii)
where Council determines that the permit holder has changed the proposed
development in a way that significantly alters the intent of the original
application, or
(iii)
where the permit was issued in error or on the basis of incorrect
information,
(6)
No person shall change the application for which a development permit was
issued unless written Council has issued approval of the change.
(7)
A copy of the development permit, along with plans and specifications, shall be
kept on the site until the development is completed.
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Badger Development Regulations - Page 8
(8)
A decision by Council on an application for an approval in principle or a
development permit may be appealed in accordance with Section 42 of the Act.
23.
Temporary Use Permit
At its discretion Council may issue a development permit for a temporary use that
complies with the Municipal Plan and these Regulations. The permit may be for a period
not exceeding one (1) year, and may be extended at the request of the applicant for one
(1) additional year, to a maximum of two (2) years.
24.
Permit Fees
Council may charge a fee for a development permit in accordance with the schedule of
fees adopted by Council.
25.
Compliance with Legislation
(1)
If Council deems that a proposed development may not comply with a particular
provincial or federal act or regulation, it may require the applicant to provide
confirmation that necessary government approvals have been obtained before
issuing a development permit.
(2)
If Council deems that a proposed development may trigger the requirements of
the Environmental Assessment Act, the proponent will be advised to consult with
the Department of Environment and Conservation before a development permit
will be issued.
(3)
Where these Regulations are more stringent than a provincial or federal act of
regulation, these Regulations will apply.
26.
Reasons for Refusing or Setting Conditions on a Permit
Council shall, when refusing to issue a permit or attaching conditions to a permit, state in
writing the reasons for so doing.
27.
Notice of Right to Appeal (Refer to Ministerial Development Regulations, Section 5)
Where Council makes a decision that may be appealed under Section 42 of the Act,
Council shall, in writing, at the time of making that decision, notify the person to whom
the decision applies of the:
(a)
Person's right to appeal the decision to the appeal board,
(b)
Time by which an appeal is to be made,
(c)
Right of other interested persons to appeal the decision, and
(d)
Manner of making an appeal and the address for the filing of the appeal.
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Badger Development Regulations - Page 9
28.
Appeals (Refer to Ministerial Development Regulations, Sections 6-11)
Sections 6 to 11 of the Ministerial Regulations outline the regulations with respect to
appeal requirements, appeal registration, prohibition of development that is subject to an
appeal, notice of an appeal hearing, the appeal board's hearing of evidence, and its
decisions.
29.
Return of Appeal Fee
In accordance with Section 42(3) of the Act, where an appeal of a Council decision is
successful, an amount of money equal to the appeal fee paid by the appellant shall be
paid to the appellant by Council.
30.
Notice of Application (Refer to Ministerial Development Regulations, Sections 13 &
15)
(1)
Notice of an application shall, at the applicant's expense, be given when:
(a)
A variance is to be considered under Regulation 12 - Variances,
(b)
A change in a non-conforming use is to be considered under
Regulation 50 - Non-Conforming Uses,
(c)
A proposed development is listed as a discretionary use in
Schedule C,
(d)
A comprehensive development is proposed in accordance with Regulation
45 - Comprehensive Development, or
(e)
Council determines an application is such that that the public should be
notified.
(2)
In accordance with Regulation 13 - Notice of Variance of these Regulations and
Section 13 of the Ministerial Development Regulations, notice of a variance
application will be given directly to persons who are likely to be affected and a
minimum of seven (7) days will be provided for persons to respond.
(3)
In accordance with Regulation 50(4) - Non-Conforming Uses of these
Regulations and Regulation 15 of the Ministerial Development Regulations,
notice of an application to change a non-conforming use will be given directly to
persons who are likely to be affected, and in addition will be posted on the
Community Channel, or posted on local bulletin boards, or published by
advertisement in a newspaper circulating in the area. A minimum of seven (7)
days from the posting of the notice will be provided for persons to respond.
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(4)
Notice of an application to develop a discretionary use will be given directly to
persons who are likely to be affected, and in addition will be posted on the
Town's website, or posted on local bulletin boards, or published by advertisement
in a newspaper circulating in the area. A minimum of seven (7) days from the
posting of the notice will be provided for persons to respond.
(5)
In accordance with Regulation 45 - Comprehensive Development, notice of an
application to undertake a comprehensive development will be given directly to
persons who are likely to be affected, and in addition will be posted on the
Community Channel, or posted on local bulletin boards, or published by
advertisement in a newspaper circulating in the area. A minimum of seven (7)
days from the posting of the notice will be provided for persons to respond.
(6)
Notice of an application for a development that Council deems the public should
be made aware of will be given directly to persons who are likely to be affected,
and in addition will be posted on the Community Channel, or posted on local
bulletin boards, or published by advertisement in a newspaper circulating in the
area. A minimum of seven (7) days from the posting of the notice will be provided
for persons to respond.
31.
Delegation of Powers (Refer to Ministerial Development Regulations, Section 18)
Council shall, when designating employees or contractors to whom a power is to be
delegated under Section 109(2) of the Act, make that designation in writing.
32.
Right of Entry
Any official authorized by Council may enter upon land and may at all reasonable times
enter any development or building for the purpose of making inspections relative to the
development.
33.
Record of Violations
Every inspector shall keep a record of any violation of these Regulations and report that
violation to Council.
34.
Stop Work Order and Prosecution
(1)
Where a person begins a development contrary or apparently contrary to these
Regulations, Council may order that person to stop the development pending final
adjudication in any prosecution arising out of the development.
(2)
A person who does not comply with an order made under Paragraph (1) is guilty
of an offence under the provisions of the Act.
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PART II - GENERAL DEVELOPMENT STANDARDS
35.
Access Ramps
At its discretion, Council may, after consulting with abutting property owners, permit an
access ramp for a wheel chair to be erected in a minimum front, rear, or side yard if:
(a)
There is no alternative means to provide the access ramp, and
(b)
The ramp does not create a safety hazard or block sight lines.
36.
Accessory Buildings
(1)
An accessory building will be clearly incidental and complementary to the use of
the main building(s).
(2)
An accessory building will be contained on the same lot as the main building(s).
(3)
No truck, bus, semi-trailer, freight container, or other vehicle body will be used as
an accessory building.
(4)
No accessory building shall be erected upon an easement.
(5)
No accessory building will be used for a commercial purpose unless approved by
Council in conformity with these Regulations.
(6)
No accessory building or part thereof shall be permitted in the frontyard of the
main building except at Council's discretion in accordance with Paragraph (7).
(7)
Notwithstanding Paragraph (6), at its discretion, Council may approve an
accessory building in the frontyard of a main building where:
There is inadequate space in the rearyard or sideyard of the property to
accommodate the accessory building,
A rearyard or sideyard location is not physically feasible or would pose a
significant hazard for the property owner, or
A frontyard location is necessary to ease accessibility for a disabled person.
In considering an application for an accessory building in a frontyard, Council
will:
(a)
Give notice of the application to all persons whose properties are located on
the same street and within sixty (60) metres of the proposed accessory
building (or such greater distance that Council deems necessary), and duly
consider their comments or objections.
(b)
Ensure that the frontyard location will not pose a threat to road safety,
(c)
Ensure that the location, size, appearance, height, and use of the accessory
building will not adversely affect the character or amenities of neighbouring
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properties, and
(d)
Set other conditions that it deems necessary to ensure the character,
amenities, and property values of the neighbourhood are protected.
37.
Home Occupations
A home occupation will be permitted only if it meets the following conditions:
(a)
It will be clearly secondary to the residential use of the property.
(b)
It will be located inside the dwelling or in an accessory building on the same lot.
(c)
It will employ one or more persons who inhabit the dwelling and, in addition, may
employ no more than two persons who do not normally inhabit the dwelling,
(d)
It will occupy:
no more than thirty percent (30%) of the floor area of the dwelling unit, and
no more than sixty-five (65) square metres of the total floor area of an
accessory building.
(e)
It will not include outdoor storage of materials or equipment unless approved at
the discretion of Council.
(f)
It will not use or keep in storage any hazardous materials,
(g)
It will not use water or generate sewage in excess of what can be accommodated
by the existing water supply and sewage disposal system,
(h)
It will not cause noise, odours, fumes, electrical interference, or other nuisances
that unreasonably affect neighbouring properties,
(i)
Unless otherwise authorized by Council, sufficient off-street parking space shall
be available on the lot for the parking needs of residents, employees, and clients,
(j)
Council may require fencing, screening, and/or a minimum space separation to
protect the amenity of adjacent uses,
(k)
It will not create traffic safety or traffic congestion concerns,
(l)
It will not include automobile repair, auto body repair, or automobile sales, and
(m)
It will adhere to any other condition that Council deems necessary to protect the
amenity of adjacent residential uses and the neighbourhood.
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38.
Childcare Service
Where permitted by Council a childcare service will conform to the requirements of the
Child Care Services Act and Regulations. Where required, a license to operate shall be
obtained from the Department of Health and Community Services.
39.
Bed and Breakfast Establishments
A Bed and Breakfast establishment will be subject to the following conditions:
(a)
It will be operated in a single dwelling occupied as a residence by the operator of
the business.
(b)
It shall not detract from the residential character of the neighbourhood in terms of
scale or exterior design.
(c)
The maximum number of guest rooms shall be six (6).
(d)
Off-street parking shall provide one space for every guest room. For a catered
dining facility, one additional parking space shall be provided for every two guest
rooms.
(e)
No wholesale sales or storage of goods shall be carried out and any retail sales
shall be incidental to the approved use.
(f)
It must be registered by Canada Select and approved by the Tourism Department.
40.
Archaeological Sites
(1)
If an archaeological site or artifact is discovered during development of a
property, the development shall stop and Council will consult with the Provincial
Archaeology Office. Development shall not proceed until the Provincial
Archaeology Office has evaluated the site or authorized the development to
proceed.
(2)
Badger has two known archaeological sites (i.e. Site DfBa-01 and Site DfBa-06),
which are protected under the Historic Resources Act. No development,
excavation, or other disturbance of land will be permitted inside a buffer of 100
metres around the perimeter of these sites without first notifying the Provincial
Archaeology Office so that necessary measures can be taken to ensure that
historic resources are not disturbed or destroyed.
41.
Industrial Use Buffer Strips
Where any industrial use abuts an existing or proposed residential area, or is separated
from it by a road only, Council may require the industrial development to provide buffer
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strip not less than ten (10) metres wide between any residential activity and the industrial
area. The buffer shall include the provision of such natural or structural barrier as may be
required by Council and shall be maintained by the owner or occupier to the satisfaction
of Council.
42.
Building Line and Setbacks
(1)
Council, by resolution, may establish building lines on an existing or proposed
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 Schedule C
of these Regulations.
(2)
The frontyard building line setback is measured from the front property line.
(3)
Notwithstanding the minimum front, side and rear yard requirements set out under
Schedule C, Council, at its discretion, may allow development to complement
existing building setbacks of adjoining properties by varying the yard
requirements after notification of the proposed variance is given to neighbouring
property owners in accordance with Regulation 13 - Notice of Variance and
Regulation 30 - Notice of Application of these Regulations.
(4)
The building line along Provincial highways shall not be less than that specified
under the provincial Building Near Highways Regulation.
43.
Multiple Uses on One Lot
A multiple use occurs when two or more different use classes exist in a single building or
on a single lot.
(1)
Where a single lot contains more than one permitted use, each use shall conform
to all requirements in these Regulations that are applicable to that use.
(2)
A multiple use may not be permitted where Council determines that the proposed
use would not be compatible with existing uses on or adjacent to the lot by reason
of safety, amenity, appearance, or nuisance.
44.
Main Buildings on a Lot
(1)
Except for a single dwelling, more than one main building may be permitted on a
lot provided that the requirements of Schedule C are satisfied.
(2)
No more than one single dwelling may be permitted on a lot except where that lot
or dwelling forms part of a comprehensive development.
(3)
Where more than one main building is developed on a lot, sufficient area shall be
reserved to satisfy the yard requirements and other allowances outlined in
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Schedule C for the Use Zone in which the lot is located. These allowances shall
be maintained when the adjacent land is developed.
45.
Comprehensive Development
Council, at its discretion, may permit a comprehensive development that does not meet
the requirements of these Regulations with respect to access to and frontage on a public
street as well as minimum lot size, frontage, frontyard, sideyard, and rearyard, provided
that:
(a)
It is satisfied that the site conditions are such that the standard requirements
cannot be met, the quality of the development would be greater than would
otherwise be achieved through conventional developments, or the development
would be in the public interest with respect to providing housing for elderly,
disabled, lower-income, and other residents whose needs and preferences cannot
be easily accommodated by traditional single-unit dwellings.
(b)
It has provided public notice of the proposed development in accordance with
Regulation 30(1) (d) - Notice of Application of these Regulations.
(c)
A comprehensive development plan has been prepared and approved by Council,
(d)
The comprehensive development itself has frontage on a public street,
(e)
The development is compatible with adjacent development,
(f)
The area of the comprehensive development is at least one (1) hectare, and
(g)
There are no fewer than two developments within the comprehensive
development.
46.
Residential Care Home
(1)
A residential care home may be permitted in a facility or single dwelling that is of
adequate size to accommodate all persons living in the home including staff.
(2)
The use and appearance of the building shall not adversely affect the amenities of
the adjacent residences or neighbourhood. Council may set conditions aimed at
ensuring the use is compatible with the neighbourhood.
(3)
Council may require special access and safety features to be provided for the
occupants before occupancy is permitted.
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47.
Lot Area
(1)
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 frontyard, rearyard, sideyard, frontage, or
lot area that is less than, that permitted for the zone in which such lot is located.
(2)
Where any part of a lot is required by these Regulations to be reserved as a yard,
it shall continue to be so used regardless of any change in the ownership of the lot
or any part thereof, and shall not be deemed to form part of an adjacent lot for the
purpose of computing the area thereof available for building purposes.
48.
Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots already
exist in any residential zone with insufficient frontage or area to permit the owner or
purchaser of such a lot or lots to comply with the provisions of these Regulations, then
these Regulations shall not prevent the issuing of a permit by the Council for the erection
of a dwelling thereon, provided that the lot coverage and height are not greater than, and
the setbacks and floor area are not less than the standards set out in these Regulations.
49.
Lot Frontage
Except where provided for in Schedule C, no building shall be erected on a lot that does
not front directly onto a public street unless the subject lot forms part of a comprehensive
development.
50.
Non-Conforming Uses (Refer to Section 108(2) of the Urban and Rural Planning Act
2000 and Sections 14, 15, and 16 of the Ministerial Development Regulations)
(1)
Notwithstanding the Municipal Plan, a scheme, or regulations made under the
Urban and Rural Planning Act 2000, Council shall, in accordance with
regulations made under this Act, allow a development or use of land to continue in
a manner that does not conform with a regulation, scheme, or plan that applies to
that land provided that the non-conforming use legally existed before the
registration under Section 24 of the Act of the plan, scheme or regulations made
with respect to that kind of development or use.
(2)
Notwithstanding Paragraph (1), a right to resume a discontinued non-conforming
use of land shall not exceed one year after the discontinuance occurred. For the
purpose of this Regulation, discontinuance of a non-conforming use begins when
any one of the following conditions is met:
(a)
The building or use of land is clearly vacated,
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(b)
The owner or tenant has ceased paying business taxes for that use, and
(c)
The owner or tenant has stated in writing that the use has ceased.
(3)
A non-conforming building, structure, or development under the Act, which is
allowed to continue under Paragraph (1):
(a)
shall not be internally or externally varied, extended or expanded unless
otherwise approved by Council,
(b)
shall not be structurally modified except as required for the safety of the
building, structure or development,
(c)
shall not be reconstructed or repaired for use in the same non-conforming
manner where 50 percent or more of the value of that building, structure or
development has been destroyed, except as provided for in Paragraph (g)
below,
(d)
may have the existing use for that building, structure or development
varied by Council to a use that is, in Council's opinion, more compatible
with the plan and regulations applicable to it,
(e)
may have the existing building extended by Council where, in Council's
opinion that extension is not more than 50 percent of the existing building,
(f)
where the non-conformance is with respect to the standards in these
Regulations, shall not be expanded if the expansion would increase the
non-conformity, and
(g)
where the building, structure, or development is primarily zoned and used
for residential purposes, may, in accordance with the appropriate plan and
regulations, be repaired or rebuilt where 50 percent or more of the value of
that building or structure is destroyed.
(4)
In accordance with Regulation 30 - Notice of Application of these Regulations,
when considering an application to vary an existing use of a non-conforming
building, structure or development under Paragraph (3) (d), Council will, at the
applicant's expense, provide public notice of the application and shall consider
any representations or objections received in response to that advertisement.
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51.
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 Council and any other authority having jurisdiction.
52.
Parks, Playgrounds, and Open Spaces
Nothing in these Regulations shall prevent the designation of land for the establishment
of parks, playgrounds, and open spaces in any zone provided that such land is not located
in areas that may be hazardous to their use or is an area that is not compatible for such a
use.
53.
Screening and Landscaping
(1)
Council may, in the case of existing unsightly development, order the owner or
occupier to provide adequate and suitable landscaping or screening; and for this
purpose may require the submission of an application giving details of the
landscaping or screening, and these Regulations shall then apply to that
application.
(2)
The provision of adequate and suitable landscaping or screening may be made a
condition of any development permit where, in the opinion of Council, the
landscaping or screening is desirable to preserve amenity or protect the
environment.
54.
Public Services and Utilities
Within any zone, Council may 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 concerned, provided that the design,
construction, landscaping, and operation of the service or utility, in the opinion of
Council, will be adequate to protect the environment, character, and appearance of the
area.
55.
Energy Generation Facilities
(1)
Small-scale solar and hydro generating facilities and associated facilities and
services are subject to the conditions set out below.
(2)
Energy utilities may be subject to the approval of relevant provincial and federal
departments, agencies, and public utilities, including the Department of Natural
Resources and Transport Canada. The design and location of such utilities shall
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take into consideration their impact on nearby land uses and persons, the
environment, and other matters that Council may deem to be significant.
(3)
Unless specifically exempted by Council or other relevant agencies, the design,
construction and location of an energy utility shall be certified by a professional
engineer who has consulted with the required agencies.
56.
Site Development Requirements
The following requirements will apply to all proposed site developments involving new
street construction or large sites for commercial or other development.
(a)
When reviewing a development application, Council shall consider the suitability
of the site in terms of steepness of grades, soils, geology, and environmentally
sensitive areas, including watercourses, wetlands, and proximity to coastal
shorelines.
(b)
No buildings, structures, or placement or removal of fill will be permitted:
(i)
On a slope that exceeds twenty-five percent (25%) over a height of four (4)
or more metres and a length of twenty-five (25) or more metres.
(ii)
Within eight (8) metres of the top or bottom of a slope that exceeds
twenty-five percent (25%) over a height of four (4) or more metres
(c)
Before approving development of a site having a slope greater than fifteen (15)
percent but not more than twenty-five (25) percent, Council will require the
development proposal to be reviewed by a certified planner, engineer, landscape
architect, or similar professional. The review shall evaluate the site's soil and
geological stability, proposed site grading, drainage, vegetation removal,
landscaping, and the potential of the development to cause stormwater runoff,
erosion, or pollution affecting adjacent properties, wetlands, water bodies.
(d)
Excavation or filling-in of land to prepare a site for development will be limited to
an extent that is deemed by Council to be environmentally and aesthetically
acceptable.
(e)
A development application will provide sufficient information to show the extent
of any proposed clearing, excavation, or filling-in of the site.
(f) An approval in principle or a permit to develop will not be granted when in
Council's opinion the proposed clearing, excavation, filling-in of land, or other
site development will result in unacceptable drainage, environmental, or aesthetic
impacts, or will be more than is necessary to suitably develop the site.
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57.
Street Construction Standards
A new street may not be constructed except in accordance with the design and
construction specifications set by Council.
58.
Development Within or Adjacent to a Watercourse or Wetland
(1)
All portions of a lot that are located within 15 metres of the edge of a wetland or
the top of the stream bank of a watercourse, but which are not located in the
Environmental Protection zone, will be subject to the following:
(a)
No building or structure will be permitted, except for:
(i)
reconstruction of a residential dwelling that was in existence on the
date that this Municipal Plan came into effect
(ii)
an accessory building or structure to (i) above
(b)
Any excavation or filling-in of land, or other altering of the landscape,
will be limited to a maximum of ten percent (10%) of the area of the lot
located within the 15-metre buffer area,
(2)
Before Council will approve development, use, or alteration of a watercourse,
wetland, or estuary, the development, use, or alteration must be approved or
exempted by other provincial and federal agencies having jurisdiction.
(3)
Development within a wetland is permitted only in such a way as to minimize
adverse impacts on the hydrology, water quality, flora, fauna, and other important
environment resources for which there may be concern.
(4)
If a watercourse or wetland is deemed to be minor (see below), such watercourses
and wetlands shall remain undeveloped and protected by a buffer wherever
possible. If Council, at its discretion, permits a development that will affect a
minor watercourse or wetland, alternatives to covering over or eliminating such
watercourses and wetlands shall be taken wherever possible, including redesign of
the development and relocation of the watercourse or wetland.
(a)
A minor watercourse is defined as a drainage course that carries water
only during rain events or snowmelt, an intermittent stream that does not
carry significant spring runoff, and a stream that is not fish habitat.
(b)
A minor wetland is defined as a wetland of less than 5,000 square metres
in area that is not associated with a watercourse and is not deemed to be an
environmentally sensitive area.
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59.
Line of Vision at Intersections
So as to not obstruct the view of motorists and pedestrians,
(a)
All occupied lands within 7 metres of a street intersection shall be kept free of any
shrubs, plants, and trees that may impede the line of vision, and
(b)
No building or structure shall be permitted to be erected, moved, enlarged, or
reconstructed on any land that is within 7 metres of a street intersection.
60.
Development in the Vicinity of a Public Right-of-Way
(1)
Land development and the erection of buildings and structures will not be
permitted on any site where it would otherwise be permitted under these
development regulations, when in the opinion of Council, the development would
impede public passage on a public right-of-way or interfere with any legal right of
Council to develop or improve the right-of-way for public access and recreation.
(2)
Council may require a minimum setback or set other terms and conditions to a
proposed development in the vicinity of a public right-of-way to ensure the
development will not obstruct public passage along the right-of-way.
61.
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.
62.
Development Controls in Flood Risk Areas (FRAs)
Due to extensive flooding that has occurred, considerable areas of Badger are designated
as Flood Risk Area (FRA) by the Department of Environment and Conservation. This
includes 1:100-Year FRAs and 1:20-Year FRAs. On the Zoning map, these FRAs are
shown as shaded areas that overlay the Residential, Mixed Development-1, Mixed
Development-2,
Commercial-Light
Industrial,
Public
Use,
Open
Space,
and
Environmental Protection zones. The darker shade identifies the 1:20-Year FRA and the
lighter shade identifies the 1:100-Year FRA.
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In the Flood Risk Areas, building development and expansions are subject to the
following special conditions aimed at reducing risks to human safety and buildings from
future floods.
(a)
A building permit application will be accompanied by a survey plan prepared by a
Registered Surveyor providing geodetic elevations of existing ground levels.
(b)
The groundfloor of a permitted residential, commercial, industrial, or institutional
building will be no lower than the Minimum Floor Level (MFL) of 100.96 metres
above sea level.
(c)
Prior to commencement of any construction above groundfloor level, a certificate
by a Registered Surveyor will be submitted to Council indicating that the MFL
has been achieved.
(d)
In the 1:100 year Flood Risk Area, at its discretion, Council may permit a non-
habitable accessory building such as a storage shed, garage, workshop, or
woodshed to be constructed below the MFL. Council will not permit an accessory
building in the 1:20 year Flood Risk Area.
(e)
Materials used in construction below the MFL will be of a type that is able
to withstand the effects of immersion.
(f)
Basements will not be permitted in any Flood Risk Area.
(g)
The MFL may be accomplished by:
Concrete slab on properly compacted fill.
Elevation on piles, posts, piers or columns.
Elevation on walls or a crawl space.
(h)
Buildings and structures will be designed and anchored to prevent flotation,
collapse, lateral movement or undercutting by erosion or scour during a 100-year
flood event. The Base Flood Elevation (BFE) for a 100-year flood is 100.36
metres above sea level.
(i)
Sanitary sewer laterals will include a backflow device.
(j)
All buildings and associated utilities will be designed and constructed in
accordance with the approved flood proofing guidelines of the Department of
Environment and Conservation, and entrances and exits will be installed such that
they can be safely used without hindrance in the event of a flood.
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(k)
Storage of pollutants such as fuels, chemicals, or pesticides will not be permitted
in any buildings or on any site in a Flood Risk Area.
(l)
Council will not approve an application that is not in accordance with all
recommendations and requirements of the Department of Environment and
Conservation.
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PART III - SIGNS
63.
Permit Required
Subject to the provisions of Regulation 69, no sign shall be erected or displayed in the
Planning Area unless a permit for the sign is first obtained from the Council.
64.
Provincial Highways
In addition to a permit from Council, the erection or display of a sign on a Provincial
Highway shall require a permit from the Government Service Centre.
With respect to signs on or near a Provincial Highway, where these Regulations are
inconsistent with the Provincial Highway Sign Regulations, the more restrictive
regulations shall apply.
65.
Form of Application
Application for a permit to erect or display a sign shall be made to the Council in
accordance with Regulation 18.
66.
Approval Subject to Conditions
A permit may only be issued for the erection or display of signs that comply with the
appropriate conditions and standards set out in these Regulations.
67.
Signs Prohibited in Street Reservation
No sign will be permitted within, on, or over any highway or street reservation.
68.
Removal of Signs
Notwithstanding the provisions of these Regulations, Council may require the removal of
any sign, which, in its opinion, is:
(a)
hazardous to pedestrian or vehicle traffic by reason of its siting, colour,
illumination, or structural condition, or
(b)
detrimental to the amenities of the surrounding area.
(c)
not maintained to the satisfaction of the Council.
69.
Signs Exempt from Control
Notwithstanding Regulation 63, the following signs may be erected or displayed without
application to the Council:
(a)
on a residential dwelling or within the yard of a dwelling, one nameplate not
exceeding 0.2 m2 in area;
(b)
on an agricultural, forestry, mining or quarrying operation, one notice board not
exceeding 0.5 m2 in area relating to the operations being conducted on the land;
(c)
on a site occupied by an institutional, civic, service or public use (e.g. church,
school, museum, cemetery), one notice board not exceeding 1.0 m2 in area,
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(d)
on a commercial or industrial building, a notice board not exceeding 1.0 m2 in
area,
(e)
on any parking lot, directional signs, plus one sign only not exceeding 1.0 m2 in
size to identify the parking lot,
(f)
real estate sales, leasing, and open house signs not exceeding 1 m2
(g)
signs placed by candidates at municipal, provincial, or federal elections;
(h)
signs for temporary local events such as festivals, from one month before the
event to no later than one week after its conclusion;
(i)
temporary signs on construction sites warning of danger and or outlining the
nature of the development up to a maximum area of 7.5m2.
70.
General Sign Standards
No commercial, industrial, or public use will have more than two (2) signs.
The following standards shall apply to signs erected for a commercial, industrial, or
public use. At its discretion, Council may require more restrictive standards.
(a)
Window Sign - maximum of 1 m2
(b)
Awning/Canopy Sign - maximum of 3 m wide by 0.75 m high
(c)
Wall Sign - maximum of 3 m wide by 0.75 m high
(d)
Hanging and Projecting Sign - maximum of 1 m2
(e)
Murals - At the discretion of Council.
(f)
Free Standing Sign - one per use, maximum of 5.0 m2
71.
Residential Zones
Notwithstanding Regulation 70, in the Residential zone, no sign will be permitted that
does not meet the standards set out in Regulation 69 except at the discretion of Council
and only if Council has provided notice in accordance with Regulation 30(4) of these
Regulations.
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PART IV - SUBDIVISION OF LAND
72.
Application of Part III
Part III of these regulations applies to each of the following:
(a)
The subdivision of land under single ownership into two or more lots, including
the residual lot,
(b)
Construction, upgrading, or extension of a public street, and
(c)
Extension or upgrading of the municipal water and sewer system.
73.
Subdivision Permit Required
No land in the Planning Area shall be subdivided into two or more lots unless a permit
for the development of the subdivision is first obtained from Council.
74.
Services to be Provided
No permit shall be issued for the subdivision of land unless provisions satisfactory to
Council have been made for supply of drinking water, sewage disposal, and stormwater
drainage so as to not affect adjoining and nearby properties.
75.
Payment of Service Levies and Other Charges
No permit will be issued for the development of a subdivision until agreement has been
reached for the payment of all fees levied by Council for connection to services, utilities,
and streets deemed necessary for the proper development of the subdivision and all
service levies and other charges imposed under these Regulations.
76.
Permit Subject to Considerations
For every proposed subdivision of land involving new street construction, an application
and development plan shall be submitted to Council.
A permit shall not be issued when, in the opinion of Council, the development of a
subdivision will not contribute to the orderly growth of the municipality or demonstrate
sound design principles.
In considering a subdivision application, Council shall, without limiting the generality of
the foregoing, consider:
(a)
Proposed land uses within the development,
(b)
The location and natural characteristics of the site, including topography,
drainage, soils and geology, vegetation, wetlands, watercourses, sensitive areas,
prevailing winds, and solar orientation,
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(c)
Municipal Plan policies, Development Regulations, and Use Zone affecting the
site,
(d)
Proposed layout of streets and lots, as well as linkages to existing streets,
(e)
The availability of and the demand created for municipal infrastructure, municipal
services, and utilities,
(f)
Provision for access to adjacent undeveloped areas,
(g)
The land use, physical form and character of adjacent developments,
(h)
The relationship of the project to existing or potential sources of nuisance,
(i)
Visual quality and effect on viewscapes from existing subdivisions,
(j)
Community facilities,
(k)
Energy conservation,
(l)
Environmental effects with respect to watercourses, wetlands, steep slopes,
drainage patterns, stormwater generation and control, coastal resources, and loss
or fragmentation of habitat,
(m)
Municipal financial costs related to the provision and maintenance of roads, other
infrastructure, and municipal services,
(n)
Effects on the sustainability of important resource lands, including groundwater
supply areas, agricultural land, forestland, and aggregate resources, and
(o)
Such other matters as may affect the proposed development.
77.
Building Permits Required
Notwithstanding approval of a subdivision by Council, a separate building permit shall be
obtained for each building proposed to be erected in 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.
78.
Form of Application
Application for a permit to develop a subdivision shall be made to Council in accordance
with Regulation 18 - Form of Application.
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79.
Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones
delineated on the Zoning Maps.
80.
Building Lines
Council may establish building lines for any subdivision street and require any new
building to be located on such building lines.
81.
Dedication of Land for Public Use
In accordance with Section 37 of the Act, Council may require developers of subdivisions
to provide to the Town land for open space or other public use equal to ten per cent of the
gross area to be developed. In lieu of land dedication, Council may accept a sum of
money that is equivalent to the value of the land that would have been conveyed.
Unless Council decides otherwise, the dedication of such land for public use will not
include land that Council requires to be set aside from development for the purposes of
environmental protection or stormwater drainage.
82.
Structure in Street Reservation
The placing within any street reservation of any structure (for example, a hydro or
telephone pole, fire hydrant, mail box, school bus shelter, sign post) shall not be approved
by Council unless or until it is satisfied on the question of safe construction and
relationship to other buildings or other structures within the street reservation and the
relationship to safe movement of vehicles and pedestrians.
83.
Subdivision Design Standards
Except as otherwise specified in a Subdivision Policy adopted by Council, no permit shall
be issued for the development of a subdivision under these Regulations unless the design
of the subdivision conforms to the following standards:
(a)
The finished grade of streets shall not exceed 10 percent.
(b)
A cul de sac will be subject to the following:
(i)
the turning circle of a cul de sac will have a driving surface diameter of
not less than 30 metres.
(ii)
the maximum length of a cul de sac will be 500 metres.
(iii)
all cul de sac water mains will be connected to a water main on an
adjoining street or will be looped back to ensure continuous water flow
and prevent stagnant water at the end of dead-end pipes.
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(c)
Streets will be designed in accordance with the following minimum standards:
Type
of Street
Street
Reservation
Pavement
Width
Sidewalk
Width
Sidewalk
Number
Arterial Street
30 m
15 m
1.5 m
Discretion
of Council
Collector Street
20 m
15 m
1.5 m
Local Street
15 m
(may be varied to no
less than 12.2 m at
Council's discretion)
7.3 m
Discretion
of Council
(d)
Land shall not be subdivided in such a manner as to prejudice the development of
adjoining land.
84.
Engineer to Design Works and Certify Construction Layout
(1)
Plans and specifications for all streets, paving, sidewalks and all other
utilities deemed necessary by Council to service the area proposed to be
developed or subdivided shall be designed and prepared by or approved by the
Engineer. Such designs and specifications shall, upon approval by Council, be
incorporated in the plan of subdivision.
(2)
Upon approval by Council 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
streets and other works deemed necessary by Council to service the said area.
85.
Developer to Pay Engineer's Fees and Charges
The developer shall pay to Council all the Engineer's fees and charges for the preparation
of designs and specifications and for the layout and supervision of construction; such fees
and charges being percentages of the total cost of materials and labour for the
construction and installation of all works calculated in accordance with the Schedule of
Fees recommended by the Association of Professional Engineers and Geoscientists of
Newfoundland and Labrador and in effect at the time the work is carried out.
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86.
Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, and paving
specified by Council as being necessary, may, at Council's discretion, be deferred until a
later stage of the subdivision development but the developer shall deposit with Council
before approval of the 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, Council 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 Council the amount of the excess. If the contract price is less than
the deposit, Council shall refund the amount of the excess. Any amount so deposited with
Council 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.
87.
Transfer of Streets and Utilities to Council
(1)
The developer shall, following the approval of the subdivision of land and upon
request of Council, transfer to Council, at no cost to Council, and clear of all liens
and encumbrances:
(a)
All lands in the area proposed to be developed or subdivided which are
approved and designated by Council for public use as streets, or other
rights-of-way, or for other public use;
(b)
All services or public works including streets, water supply, sanitary
sewer, and storm drainage systems installed in the subdivision that are
normally owned and operated by Council.
(2)
Before Council 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.
(3)
Council shall not provide maintenance for any street, service or public work in
any subdivision until such time as such street, service or public work has been
transferred to and accepted by Council.
88.
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 Council is satisfied
that satisfactory access to a street is provided for the lot.
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89.
Grouping of Buildings and Landscaping
(1)
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.
(2)
Building groupings, once approved by Council, shall not be changed without
written application to and subsequent approval of Council.
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PART V - USE ZONES
90.
Use Zones
(1)
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.
(2)
Subject to Paragraph (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.
(3)
Where standards, requirements and conditions applicable in a Use Zone
are not set out in the Use Zone Tables in Schedule C, Council may in its
discretion, determine the standards, requirements and conditions which shall
apply.
91.
Map Interpretation
(1)
The boundaries of the Use Zones shown on the Land Use Zoning Maps are
general only and, except where they coincide with roads, shorelines, or other
prominent physical features, are not intended to define exact limits. No zoning
amendment shall be required to allow minor adjustments of the Use Zone
boundaries. Other than such minor boundary adjustments, no development shall
be permitted that does not conform to the Use Zone delineated on the Land Use
Zoning Maps.
(2)
Where there is uncertainty regarding the existence of a watercourse identified on
the zoning map as occurring within the Environmental Protection zone, this will
be confirmed in the field. If it is determined that the watercourse does not exist,
the area in question will be treated as if it is occurring within a surrounding zone.
92.
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 Council in accordance with the classification and
examples set out in Schedule B.
93.
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 Council in that Use
Zone.
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94.
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 Council 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 Council has given notice of
the application in accordance with Regulation 30 - Notice of Application and has
considered any objections or representations which may have been received on the
matter.
95.
Uses Not Permitted
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.
Town of Badger
Development Regulations 2015-25
Schedule A - Definitions
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SCHEDULE A DEFINTIONS
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Schedule A - Page 1
SCHEDULE A - DEFINITIONS
GENERAL NOTE:
A definition marked with an asterisk is also included in the Ministerial Development
Regulations. Where there is a conflict, the 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)
In the case of a residential use, a domestic garage, carport, ramp, shed, swimming pool,
greenhouse, cold frame, fuel shed, vegetable storage cellar, shelter for domestic pets, or
radio or television antennae,
(iii)
In the case of a commercial use, an office, workshop, storage building, or garage, and
(iv)
In the case of an industrial use, a garage, office, workshop, storage building, ramp, or
dock.
*ACCESSORY USE means a use that is subsidiary to a permitted or discretionary use and that
is customarily expected to occur with the permitted or discretionary use.
*ACT means, unless the context indicates otherwise, the Urban and Rural Planning Act 2000.
AGRICULTURE, CROP means an agricultural operation that is carried on for personal or
commercial use and includes:
(a) the clearing, draining, irrigating or cultivation of land,
(b) the production of agricultural field crops,
(c) the production of fruit and vegetables and other specialty horticultural crops,
(d) the operation of agricultural machinery and equipment,
(e) storage, use or disposal of organic wastes for farm purposes,
(f) the preparation of a non-livestock farm product for distribution from the farm gate,
including cleaning, grading and packaging,
(g) the operation of pick-your-own farms, roadside stands, farm produce stands, and tourist
operations as part of a farm operation, or
(h) any other non-livestock agricultural activity prescribed by Provincial regulation that is
carried on for gain or reward or in the hope or expectation of gain or reward.
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AGRICULTURE, LIVESTOCK means an agricultural operation that is carried on for personal
or commercial use and includes:
(a) the clearing, draining, irrigating or cultivation of land for livestock grazing,
(b) the raising of livestock, including poultry,
(c) the raising of fur-bearing animals,
(d) the raising of bees,
(e) the production of eggs and milk,
(f) the preparation of a livestock, poultry, or dairy product for distribution from the farm
gate, including cleaning, grading and packaging,
(g) the on-farm processing of farm products for the purpose of preparing livestock, poultry,
or dairy products for wholesale or retail consumption,
(h) any other livestock activity or process prescribed by Provincial regulation that is carried
on for gain or reward or in the hope or expectation of gain or reward.
ANIMAL UNIT means any one of the following animals or groups of animals:
(a) 1 horse, cow, steer, bull, mule, donkey, pig, fox, or mink including offspring until
weaning
(b) 3 llama or alpaca including offspring until weaning
(c) 6 sheep or goats including offspring until weaning
(d) 10 ostriches, emus or fur bearing animals, excluding fox or mink, including offspring
until weaning
(e) 20 hens, chickens, turkeys, ducks or geese, or
(f) 100 chicks.
APARTMENT BUILDING means a residential building containing three or more dwelling
units except for a townhouse.
APPEAL BOARD means the appropriate Appeal Board established under the Act.
APPLICANT means a person who has applied to Council for a permit to carry out a
development.
BACK LOT means a residential building lot that is separated from the street by one or more existing
lots and is accessible from the street by a strip of land, which forms part of the lot.
BED AND BREAKFAST means an owner-occupied or owner-managed establishment for paid
temporary accommodation for up to six (6) guest rooms of paid temporary accommodation for
tourists and other travellers. The establishment may include a self-serving dining area for the use
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by overnight guests. Catered dining may be considered on a limited-use basis. Other uses that
may be considered under this definition include hospitality home, cottage and inn. 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 two (2) rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
BUILDING means a structure, erection, excavation, alteration or improvement whatsoever
placed on, over or under land, or attached, anchored or moored to land, and includes mobile
structures, vehicles and marine vessels adapted or constructed for residential, commercial,
industrial and other like uses, and any part of a building as so defined and any fixtures that form
part of a building.
*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, 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 Council that runs parallel to a street line and is
set at the closest point to a street that building may be placed.
CAMPGROUND means an area of land, managed as a unit, for the accommodation of any
combination of three (3) or more tents, recreational vehicles, or travel trailers used on a short
term or seasonal basis, and where the accessory uses could include an administrative office,
clubhouse, snack bar, laundry, convenience store, swimming pool, washroom, and recreational
facility.
CATERING means a building or part of a building where food is prepared and served within the
premises and includes a restaurant and coffee shop, but does not include a take-out food service or
drinking establishment.
CEMETERY means a facility or site reserved for the burial of the dead and may include a
crematorium, mortuary, and related maintenance facility.
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CHILD CARE 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 which does not include a school as defined by the Schools Act.
CLUB AND LODGE means land, a building, or part of a building used by a non-profit
association or organization for fraternal, social, recreational or religious purposes.
COLLECTOR STREET means a street that links local streets with arterial streets or other
collector streets, and which is designated as a collector street in the Municipal Plan or on the
Zoning Map.
COMMERCIAL ACCOMMODATION means a building, or part thereof, used to provide
short term (not permanent) accommodation for paying guests. Accommodation may be self
contained (with full kitchen, bathroom and laundry services) or serviced (laundry service and
meals are provided). Commercial accommodation may include a hotel, motel, or inn, but not a
tourist cottage establishment, which is defined separately.
COMMERCIAL OUTDOOR RECREATION means a commercial facility or operation such
as a golf course, outdoor theatre, Alpine ski hill, target shooting range, canoeing/kayaking tour
operation, outdoor adventure operation, water slide, or motocross track.
COMMUNICATIONS means a building, structure, mast, or antenna used to facilitate the
receiving or transmitting of radio, television, telephone, cellular, or satellite communications,
and may include radio and television stations.
COMPREHENSIVE DEVELOPMENT means an integrated development on a suitable, large
site that responds to a unique market opportunity and involves special development standards not
otherwise permitted in the zone. A comprehensive development may allow for a mix of different
housing types and densities, and innovations such as cluster layouts and zero lot line housing,
and privately owned and maintained streets and infrastructure.
CONSERVATION means a use of land that serves to protect, maintain, or improve an
environmental resource or feature.
CONSTRUCTION YARD means an area used for the storage of construction materials,
supplies, equipment, tools, stockpiles of construction materials, and other items including
temporary storage containers, construction trailers, and temporary office trailers;
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COUNCIL means the Council of the Town of Badger having jurisdiction of the Badger
Municipal Plan and Development Regulations.
CROP AGRICULTURE - See "AGRICULTURE, CROP".
CULTURAL AND CIVIC means land or a building used for a cultural or civic activity such as
a museum, art gallery, interpretation centre, cultural centre, outdoor interpretive or educational
display, of a historic, cultural, or educational nature, or used for a government activity not
otherwise defined in these Regulations.
DECK means a raised structure that has a walking surface within one storey of the established
grade at the ground level of that face of the building, which may or may not be attached to a
main building, which does not have a permanent roof.
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, includes:
(i)
the making of an access onto a highway, road or way,
(ii)
the construction of a building,
(iii)
the erection of an advertisement or sign, and
(iv)
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 excludes:
(i)
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,
(ii)
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,
(iii)
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, and
(iv)
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.
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*DEVELOPMENT REGULATIONS means these regulations and regulations and by-laws
respecting development that have been enacted by Council.
*DISCRETIONARY USE means a use that is listed within the discretionary use classes
established in the use zone tables of Council's development regulations.
DISTANCE means the shortest separation, measured on a horizontal plane, between a lot line,
street line, top of a the bank of a watercourse, coastal feature, or other point specified in these
Regulations and the nearest part of a building, structure, excavation, or other use of land.
DOCK means a recreational wharf or slipway structure extending into a body of freshwater or
saltwater, but does not include a marina or marine facility.
DOUBLE DWELLING means a building containing two dwelling units, placed one above the
other, or side by side, but does not include a single dwelling containing a subsidiary apartment.
DRAINAGE means the removal of surface or subsurface water by a channel, open ditch,
grassed waterway, or conservation structure.
DRINKING ESTABLISHMENT means a commercial operation, assembly hall, club, or
lounge in which the sale and consumption of liquor is licensed under the Liquor Control Act, and
in which meals and food may be served for consumption on the premise and entertainment may
be provided.
DRIVEWAY means a vehicular passageway having at least one end thereof connected to a
public street and providing ingress to and/or egress from a lot.
DWELLING means a main building or portion thereof, which contains one or more dwelling
units.
DWELLING UNIT means a self-contained unit consisting of one or more habitable rooms used
or designed as the living quarters for one household.
EDUCATIONAL means a public or private institution of learning that includes primary,
elementary, junior high, and senior high schools, colleges, universities, as well as buildings used
for temporary training activities.
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EMERGENCY SERVICE means a fire station, police station, ambulance station, rescue centre,
or other facility for the provision of emergency services, including a related training facility.
ENERGY GENERATION FACILITY means a facility for the generation of electricity from
biomass, water, oil, or gas.
ENGINEER means a professionally certified engineer who is employed or retained by Council
or is employed or retained by a developer in relation to a development that requires Council
approval.
ENTERTAINMENT means the internal use of a building for entertainment activities, and may
include bowling alleys, movie theatres, performing arts, games arcades, poolrooms, youth
centres, and similar uses, but does not include drinking establishments.
*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.
EXCAVATION OF LAND means the extraction or mining of soil, gravel, or bedrock material
to prepare a site for development or to sell for off-site use.
FILLING-IN OF LAND OR WATER means the depositing of soil, gravel, or bedrock material
to prepare a site for development.
FLOOD RISK AREA means an area usually consisting of lowlands or adjoining the channel of
a watercourse or estuary, which may be covered by floodwater during a 1:20 or 1:100-year flood,
and where development may be subject to special restrictions or conditions.
*FLOOR AREA means the total area of all floors in a building measured to the outside face of
exterior walls.
FORESTRY means the general growing and harvesting of trees and, without limiting the
generality of the foregoing, shall include the cutting of fuelwood, sawlogs, Christmas trees, and
other products.
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*FRONTAGE means the horizontal distance between side lot lines measured at the building
line, or in the case of a lot on the turning circle of a cul de sac, the horizontal distance measured
at the building line.
FRONTYARD means the distance between the "building line" as defined in these regulations
and the front street line of a lot.
FUTURE STREET means a portion of land delineated on a development plan as a "Future
Street", which is to be used as a street at some date in the future and which the title of the land
will be vested with Council upon the completion of the development.
GARAGE means a building erected for the storage of motor vehicles as an ancillary use to a
main building on the lot.
GARDEN CENTRE means the use of land, buildings, or structures or part thereof for the
purpose of buying or selling plants and garden equipment, furnishings, and supplies.
GENERAL ASSEMBLY means land or buildings used as gathering places for substantial
numbers of people and, without limiting the generality of the foregoing, includes auditoriums,
convention centres, public and private halls, gymnasiums, bowling alleys, and similar gathering
places.
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.
GENERAL INDUSTRY means the use of land or buildings to store, assemble, alter, repair,
manufacture, fabricate, pack, can, prepare, break up, demolish, or treat any article, commodity or
substance. "Industry" shall be construed accordingly.
GENERAL SERVICE means an outlet for servicing, repairing, installing, or renting things and
equipment, without limiting the generality of the foregoing, includes the following examples:
(a) radio, television, and computer service and repair shops
(b) locksmith shops
(c) small appliance service or repair shops
(d) household and carpenter tool service or repair shops
(e) tools and equipment rental shops;
GRADE - See "ESTABLISHED GRADE".
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GREENHOUSE means a building whose roof and sides are made largely of transparent or
translucent material for the cultivation of plants for subsequent sale, transplanting, or personal
use.
GROUP HOME 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, facilities referred to as "group care homes", "halfway houses", and "foster
homes".
HABITAT means an area where plants, animals, and other organisms live, and find adequate
amounts of food, water, shelter, and space needed to sustain their populations. Specific habitats
of concern may include areas where species (i.e. geese, ducks, salmon) concentrate at a
vulnerable point in their life cycle or annual migration.
HAZARD LAND means land that poses a hazard or constraint to development such as wetlands,
organic soils, steep slopes, flood plains, contaminated soils, and exposed bedrock.
HAZARDOUS USE means the use of land or buildings for any purpose that constitutes a
special hazard by reason of fire, explosion, radiation, pollution, noxiousness, risk to human
health, or other hazard.
HEIGHT - See "BUILDING HEIGHT".
HOME OCCUPATION means a secondary use of a dwelling by at least one of the residents of
the dwelling to conduct a gainful occupation or business activity.
HOTEL means a commercial establishment that consists of a building with three or more
attached sleeping units grouped under one roof designed to accommodate the traveling public,
which may or may not have restaurant, retail, and personal services.
INDOOR ASSEMBLY means land or a building used as a gathering place for sports-related
recreational activities and, without limiting the generality of the foregoing, includes arenas,
armoires, ice rinks, and indoor swimming pools.
INDOOR MARKET means the use of a building for the display and sale of goods and produce
by a number of retail enterprises.
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INFILL DEVELOPMENT means development or redevelopment occurring on an infill lot.
INFILL LOT means a vacant lot that remains, or is subdivided from another lot, following
completion of the initial development of an area.
INSPECTOR means any person appointed and engaged as an Inspector by Council or by any
federal or provincial authority or the agent thereof.
KENNEL means any land, building, or structure where five (5) or more dogs or cats over the
age of six months are boarded, bred, trained, cared for, and may include the business of pet
grooming, but does not include a veterinary clinic.
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 sur-
rounding area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or
appearance.
LIVESTOCK means any species of poultry, cattle, sheep, swine, goats, llamas, horses, or other
animals that are normally kept and raised on farms and used or intended for use as food or food
related purposes, for riding (e.g. horses), or for improving animal nutrition, breeding or
management for profit, personal use, or otherwise, and does not include a domestic animal as
defined in these regulations.
LIVESTOCK AGRICULTURE - See "AGRICULTURE, LIVESTOCK".
LIVESTOCK FACILITY means a building or confined area used or intended to be used to
house or confine livestock, and includes a structure or area used or intended to be used to store
manure.
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.
*LOT means a plot, tract or parcel of land, which can be considered as a unit of land for a
particular use or building.
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*LOT AREA means the total horizontal area within the lines of the lot.
LOT, CORNER means a lot having two or more sides fronting onto two or more adjacent
streets.
*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.
LOT LINE means a common boundary between a lot and an abutting lot or street.
MAIN BUILDING means the building or buildings in which the primary use(s) of a lot on
which the building is located is conducted.
MAIN USE (S) means the primary purpose(s) for which a building, other structure or lot is
designed, arranged, or intended, or for which a lot may be used under this regulation.
MARINA means a dock or basin together with associated facilities where slips, moorings,
supplies, repairs, storage, sales, rentals, refuelling, and other services that are typically available
for boats and other watercraft, and may include a club house and catering facilities. It can also
include an associated boathouse or shed.
MEDICAL SERVICE means a building or part thereof, used exclusively by physicians, dentists
or other health professionals, their staff, and patients for consultation, diagnosis, and office
treatment of humans. Without limiting the generality of the foregoing, a medical clinic may
include administrative offices, waiting rooms, examination rooms, treatment rooms, laboratories,
pharmacies, and dispensaries directly associated with the clinic, but shall not include
accommodation for in-patient care or operating rooms.
MINERAL EXPLORATION means the searching for minerals or mineral occurrences,
including oil exploration, wherein, for the purposes of these Regulations, it takes the form of a
development that involves appreciable soil disturbance, uses equipment other than hand tools, or
involves the construction of roads to access the exploration site.
MINERAL WORKING means surface extraction, processing, crushing, and stockpiling of
sand, gravel, clay, shale, bedrock, or other aggregates, and may include washing and blasting
where permitted under Provincial regulation, along with associated buildings and machinery.
Town of Badger
Development Regulations 2015-2025
SCHEDULE A DEFINTIONS
______________________________________________________________________________
Schedule A - Page 12
MINI-HOME means a prefabricated single dwelling unit that complies with the National
Building Code, is designed to be used with or without a permanent foundation, has a width of
less than six (6) metres throughout its entire length exclusive of steps or porches, is not fitted
with facilities for towing or to which towing apparatus can be attached, and is capable of being
transported by means of a single trailer from the site of its construction without significant
alteration.
MINISTER means the Minister of Municipal and Intergovernmental Affairs responsible for the
Urban and Rural Planning Act.
MINOR WATERCOURSE means a watercourse that flows for only a part of the year, such as
during snowmelt, spring runoff, rainstorms, and wet periods.
MOTEL means an establishment that serves the travelling public, which consists of one or more
buildings containing four or more attached accommodation units, which may or may not have
restaurant, retail, and personal services.
*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.
NOXIOUS USE means a use of land or a building which, from its nature or operation, creates a
nuisance, or is liable to become a nuisance that is offensive or dangerous by reason of noise,
vibration, or emission of gas, fumes, dust, or objectionable odour.
NURSING HOME means a residence licensed under Provincial legislation, in which the
proprietor supplies lodging and meals and, if required, nursing, medical, or similar care and
treatment, and without limiting the generality of the foregoing, may include a rest home,
personal care home, or any similar provincially licensed establishment.
OFFICE means a use providing for administrative, governmental, professional services and
general office functions, and includes accounting, bookkeeping, advertising, architectural,
engineering, planning and design, surveying, legal services, counseling, data processing,
telephone services, social services, public relations, consulting, realty offices and similar uses.
OPEN SPACE means land set aside to preserve natural areas or to develop passive recreational
uses. It may include woodlands, fields, walking trails, and passive recreational uses, but shall not
include structures such as buildings, tennis courts, parking lots, or other impervious land uses.
Town of Badger
Development Regulations 2015-2025
SCHEDULE A DEFINTIONS
______________________________________________________________________________
Schedule A - Page 13
OUTDOOR ASSEMBLY means land or outdoor facilities used as a gathering place for
substantial numbers of people and, without limiting the generality of the foregoing, includes
bleachers, grand stands, outdoor ice rinks and swimming pools, amusement parks and fair
grounds, exhibition grounds, drive-in theatres, and similar gathering places.
*OWNER means a person or an organization of persons owning or having the legal right to use
the land under consideration.
PASSIVE RECREATIONAL USE means a recreation activity that generally does not require a
developed site, and includes such uses as walking, bicycling, and skiing trails, but does not
include sports fields, structures, or facilities to accommodate any type of motorized vehicle.
PERMANENT STRUCTURE means a building or part thereof or any built structure, which
includes a foundation or permanent base of earth, rock, concrete or other materials.
*PERMITTED USE means a use that is listed within the permitted use classes set out in the use
zone tables of Council's development regulations.
PERSONAL CARE HOME - See "NURSING HOME".
PERSONAL SERVICE means a service oriented to the personal needs of persons, and without
limiting the generality of the foregoing, includes hairdressing shops, beauty salons, gyms,
computer service shops, hobby shops, and photo studios.
PLANNED UNIT DEVELOPMENT (PUD) means a type of development that meets overall
municipal density and land use standards without being fully bound by zoning requirements. A
PUD is planned and built as a unit thus fixing the type and location of uses and buildings over
the entire project. It may include clustering of buildings, common open space, and incorporation
of various building types and mixed land uses. Potential benefits of a PUD include more efficient
site design, preservation of open space, lower construction costs, and lower maintenance costs
for the municipality.
PUBLIC BUILDING means a building that can be used for a public or non-profit purpose and
without limiting the generality of the foregoing, may include such a building such as a school,
place of worship, municipal facility, community centre, hospital, town hall, and government
office.
Town of Badger
Development Regulations 2015-2025
SCHEDULE A DEFINTIONS
______________________________________________________________________________
Schedule A - Page 14
PUBLIC RIGHT-OF-WAY means a route across privately or publicly owned land that may be
followed, but not deviated from, by members of the public.
*REARYARD means the distance between the rear lot line and the rear wall of the main
building on the lot.
RECREATIONAL DWELLING means a non-commercial single dwelling that is intended for
recreational use, is not inhabited as a permanent dwelling, and is not located on a public street
maintained by Council or the Province.
RECREATIONAL OPEN SPACE means an outdoors recreational use designed and equipped
for the conduct of sports and/or leisure activities, and may include a park, playground, outdoor
skating rink, racing track, playing field, dog park, or similar use.
RECYCLING FACILITY means land or a building used to deposit, store, separate, clean, or
redistribute discarded materials such as drink containers, paper, glass, plastic, and cardboard.
RESIDENTIAL CARE HOME means an accommodation facility or home providing for the
care of aged, sick, injured, or special needs persons, other than in a public hospital, and may
include a personal care home, nursing home, rest home, seniors home or group home.
RESTAURANT means a building or part thereof, used or occupied for the purpose of serving
the general public with meals or refreshments for consumption on the premises.
SENSITIVE AREA means an area that is easily disrupted by human activity, and may include
steep slopes, cliffs, watercourses, wetlands, riparian areas, springs, coastal features, wet and
unstable soils, unstable geology, and vulnerable or threatened flora or fauna.
SERVICE STATION means any land or building used for the sale of petroleum products,
automotive parts and accessories, minor repairs, washing and polishing of motor vehicles.
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.
Town of Badger
Development Regulations 2015-2025
SCHEDULE A DEFINTIONS
______________________________________________________________________________
Schedule A - Page 15
*SIDEYARD SETBACK means the distance between the side lot line and the nearest sidewall
of a building on the lot.
*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.
SINGLE DWELLING means a free standing dwelling, which is separate and detached from
other main buildings and consists of a constructed, prefabricated, or manufactured dwelling unit,
but does not include a mini-home or a mobile home.
SLOPE means the rate of vertical change of the surface of the ground expressed as a percentage
and determined by dividing the change in vertical distance by the change in horizontal distance.
SOD FARM means the use of land for the cultivation and harvesting of lawn grass, along with
the soil that supports it, for commercial sale.
*STREET means a street, road or highway or other way designed for the passage of vehicles
and pedestrians with the following characteristics:
(i)
it is designed for the passage of fire department and other emergency vehicles,
(ii)
it includes related infrastructure, for example, the roadway itself, side ditches, culverts,
and bridges, and
(iii)
its maintenance is the responsibility of Council or the Provincial Department of
Transportation and Works.
*STREET LINE means the edge of a street reservation as defined by Council.
STRUCTURE means anything constructed or erected with a fixed location on or below the
ground, or attached to something having a fixed location on the ground, and includes buildings,
walls, fences, signs, billboards, utility poles, and similar items.
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.
Town of Badger
Development Regulations 2015-2025
SCHEDULE A DEFINTIONS
______________________________________________________________________________
Schedule A - Page 16
SURFACE WATER means any flowing or standing water on the surface of the earth.
SUSTAINABLE DEVELOPMENT means development that meets the needs of the present
without compromising the ability of future generations to meet their own needs, and applies to
the environmental, economic, social, cultural, and local governance aspects of the community.
TAKE-OUT FOOD SERVICE means a building, trailer, or vehicle in which the primary
purpose is the preparation and sale of meals or refreshments for consumption off the premises.
TOURIST COTTAGE ESTABLISHMENT means an area of land, managed as a unit,
consisting of three or more self-contained accommodations units used for short-term stays, and
where accessory uses could include an administrative office, clubhouse, snack bar, convenience
store, swimming pool, and recreational facilities.
TOWNHOUSE DWELLING means a dwelling containing more than two dwelling units at
ground level in one building, each unit separated vertically from the others and with individual
entrances directly from the outside.
TRAILER means any vehicle used for sleeping accommodation on a temporary basis and so
constructed as to be suitable for being attached to and drawn by a motor vehicle, and not used as
a full time residence.
TRANSPORTATION means any transportation infrastructure or service such as streets,
bridges, airfields, bus terminals, marine structures, and associated buildings.
*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.
UTILITY means a utility provided by any agency, which provides the public with electricity,
heat, steam, communications, water, sewage, garbage collection, or other similar service.
*VARIANCE means a departure, to a maximum of 10 percent unless otherwise stipulated in
these regulations, from the yard area, lot coverage, setback, size, height, frontage or any other
numeric requirement of the applicable Use Zone Table of Council's regulations.
Town of Badger
Development Regulations 2015-2025
SCHEDULE A DEFINTIONS
______________________________________________________________________________
Schedule A - Page 17
VETERINARY means an establishment used by veterinarians, or practitioners in related
specialties, for practicing veterinary medicine, where animals are admitted for examination or
treatment, and where limited laboratory and other diagnostic services may be offered, but
excludes a kennel.
WATER UTILITY means any infrastructure or facility used for water supply management,
operations, and protection such as intake pipes and filters, treatment plants, and pipelines.
WATERCOURSE means the full width and length, including the bed, banks, side and
shoreline, or any part, of a river, stream, spring, brook, lake, pond, reservoir, estuary, or other
natural or artificial freshwater channel open to the atmosphere, the primary function of which is
the conveyance or containment of water, whether the flow is continuous or not.
WATERSHED means the surface area contained within a topographical divide above a
specified point on a river, brook, stream, or other flowing body of water.
WETLAND means a land whose soil is saturated with moisture either permanently or
seasonally. Wetlands include swamps, marshes, bogs, fens, and shallow water, among others.
The water found in wetlands can be saltwater, freshwater, or brackish.
ZONE - See "USE ZONE"
*ZONING MAP means the map or maps attached to and forming part of the Regulations.
Town of Badger
Development Regulations 2015-25
Schedule B - Classification of Uses
of Land and Buildings
Town of Badger
Development Regulations 2015-2025
SCHEDULE B CLASSIFICATION OF USES OF LAND AND BUILDINGS
_____________________________________________________________________
Schedule B - Page 1
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS
This Classification is intended to assist in the interpretation of types of uses within the use
classes listed in the Use Zone Tables in Schedule C of these Regulations. Examples included in
the following tables are not exhaustive. They are used to illustrate typical types of developments
within a use class.
GROUP
CLASS
EXAMPLES
RESIDENTIAL
USES
Single Dwelling
Single detached dwellings
Double Dwelling
Semi-detached dwellings, duplex dwellings
Multiple-Unit
Dwelling
Row houses, townhouses, triplexes, quadplexes
Apartment Building
Apartment buildings
Collective Residential
Educational residences, nurse and hospital
residences, etc.
Subsidiary Apartment
Basement apartments, in-law suites
Boarding House
Boarding houses
Bed and Breakfast
Bed and breakfast
Mini-home
Mini-homes
Residential Care
Seniors housing, personal care homes, nursing
homes, group homes
Recreational
Dwelling
Cabins, cottages
Home Occupation
Home occupations
Accessory Building
Sheds, garages
Town of Badger
Development Regulations 2015-2025
SCHEDULE B CLASSIFICATION OF USES OF LAND AND BUILDINGS
_____________________________________________________________________
Schedule B - Page 2
GROUP
CLASS
EXAMPLES
COMMERCIAL
USES
Medical Service
Clinics, medical offices, dental offices
Office
Professional offices, law offices, business
offices, banks, government offices
Personal Service
Barbers, beauty parlours, pet grooming, gyms,
computer service, hobby shop, and photo
studios.
General Service
Car washes, laundromats, small tool and
appliance services and rentals,
Commercial Outdoor
Recreation
Golf course, kayaking/canoeing tours, outdoor
theatre, motocross track, shooting range
Commercial
Accommodation
Hotels, motels, inns, tourist cottages
Tourist Cottage
Establishment
Tourist cottages and associated facilities (e.g.
laundromat, swimming pool, canteen)
Campground
Campgrounds, trailer parks, RV parks
Shop
Retail shops, showrooms, supermarkets,
convenience stores, gift shops, specialty shops
Indoor Market
Farmer markets, exhibition halls, flea markets
Outdoor Market
Fish markets, market grounds, flea markets,
produce stands, outdoor farmer markets
Drinking Establishment
Bars, pubs, nightclubs, lounges
Garden Centre
Greenhouses, nurseries
Vehicle Sales and
Services
Automobile dealerships, recreational vehicle
dealerships, heavy equipment dealerships
Catering
Restaurants, coffee shops, bake shops
Take-out Food Service
Take-out restaurant, food stand, mobile canteen
Entertainment
Games arcades, poolrooms, bowling alleys,
youth centres, movie theatres, theatres
Kennels
Kennels
Veterinary
Veterinary clinics
Funeral Home
Funeral homes and chapels
GROUP
CLASS
EXAMPLES
Town of Badger
Development Regulations 2015-2025
SCHEDULE B CLASSIFICATION OF USES OF LAND AND BUILDINGS
_____________________________________________________________________
Schedule B - Page 3
INSTITUTIONAL
AND
PUBLIC USES
Penal and Correctional
Detention
Jails, prisons, reformatories, group homes
Medical Treatment and
Special Care
Medical care homes, personal care homes,
nursing homes, hospitals, medical clinics
Emergency Service
Police stations, fire stations, ambulance service
Childcare
Daycare centres, home child care services, early
childhood education services
Club and lodge
Service club, private club, lodge (non-
residential)
Cultural and Civic
Art galleries, municipal offices, libraries,
museums, interpretive centres, studios
Educational
Schools, colleges
Place of Worship
Churches and similar places of worship, church
halls
Cemetery
Cemeteries
General Assembly
Community halls, lodge halls, dance halls,
exhibition halls, gymnasia, auditoria
Indoor Assembly
Recreation centres, arenas, ice rinks, indoor
swimming pools, armouries, fitness clubs,
bowling alleys
Outdoor Assembly
Bleachers, grandstands, outdoor ice rinks,
outdoor swimming pools, amusement parks,
fairgrounds, exhibition grounds, drive-in
theatres
Residential Care
Seniors housing, personal care homes, nursing
homes, group homes
Town of Badger
Development Regulations 2015-2025
SCHEDULE B CLASSIFICATION OF USES OF LAND AND BUILDINGS
_____________________________________________________________________
Schedule B - Page 4
GROUP
CLASS
EXAMPLES
NATURAL
RESOURCE USES
Crop Agriculture
Vegetable and hay farms, hobby farms, market
gardens, community gardens, nurseries,
greenhouses
Livestock Agriculture
Livestock barn, dairy farm, grazing land
Forestry
Forest harvesting, silviculture, forest access
roads
Mineral Working
Pits, quarries, washing plants, screening plants,
crushers
Mineral Exploration
Mineral exploration and associated activities
(e.g. access roads, rock drilling)
Mining
Mineral extraction, ore stockpiles, mineral
processing plants
GROUP
CLASS
EXAMPLES
INDUSTRIAL USES
Hazardous Industry
Bulk storage of hazardous liquids and
substances, chemical plants, distilleries
feed mills, spray painting shop
General Industry
Factories, cold storage plants, bulk storage
facility, freight depots, warehouses,
workshops, planing mills, construction yards
Service Station
Gasoline service stations, gas bars
Light Industry
Workshops, light industry, indoor storage
centres, warehouses, greenhouses, recycling
depots, general garages
Salvage Yard
Car wrecking yards, junk yards, salvage
yards, scrap dealers
Town of Badger
Development Regulations 2015-2025
SCHEDULE B CLASSIFICATION OF USES OF LAND AND BUILDINGS
_____________________________________________________________________
Schedule B - Page 5
GROUP
CLASS
EXAMPLES
CONSERVATION
AND
OPEN SPACE USES
Conservation
Buffer strips, watersheds, protected sensitive
areas (e.g. steep slopes, wetlands, wildlife
habitat)
Open Space
Parks, trails, boardwalks, protected green areas,
picnic areas
Recreational Open
Space
Sports fields, running tracks, playgrounds,
outdoor skating rinks, golf courses, dog parks
GROUP
CLASS
EXAMPLES
TRANSPORTATION
AND
UTILITY USES
Transportation
Roads, bridges, bus stations, taxi stands
Marina
Marinas, docks, moorings, slips, boat refuelling
depots
Communications
Communications towers, telephone exchanges,
transmitting and receiving masts and antenna
Dock
Recreational docks and slipways
Energy Generation
Facility
Wind generators, solar generators, small hydro
generators, heating plants
Water Utility
Water intakes, treatment facilities, pipelines
Town of Badger
Development Regulations 2015-25
Schedule C - Use Zone Tables
SCHEDULE C
USE ZONE SCHEDULES
Schedule C contains tables showing the use classes which may be permitted or which may be
treated as discretionary use classes for the purpose of these Regulations. The tables also indicate
the required standards of development and conditions affecting some or all of the use classes.
Before issuing an approval in principle or a permit for a development, Council shall review the
application to ensure that it is in compliance with:
Application
Part I - General Regulations
Part II - General Development Standards
Part III - Subdivision of Land
Part IV - Use Zones
Schedule A - Definitions
Schedule B - Classification of Uses of Land and Buildings
Schedule C - Use Zone Schedules
Schedule D - Off-Street Parking Requirements
Schedule E - Ministerial Development Regulations
.
Schedule C contains tables for the following Use Zones:
ZONE
SYMBOL
PAGE
Protected Water Supply
PWS
1
Environmental Protection
EP
2
Residential
R
6
Mixed Development-1
MD1
11
Mixed Development-2
MD2
18
Public Use
PU
23
Commercial-Light Industrial
CLI
26
Open Space
OS
29
Town of Badger
Development Regulations 2015-2025
SCHEDULE C PROTECTED WATER SUPPLY (PWS) ZONE
____________________________________________________________________
Schedule C - Page 1
ZONE TITLE
PROTECTED WATER SUPPLY
"PWS"
PERMITTED USE CLASSES
(See Regulation 93)
DISCRETIONARY USE CLASSES
(See Regulations 30 and 94)
Conservation
Forestry (See Condition 2)
Open space
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be compatible with the Permitted Use Classes and not
contrary to the general intent of the Municipal Plan and Development Regulations.
Development that is permitted at Council's discretion will be subject to terms and
conditions to ensure there will be no adverse impact on the drinking water supply.
2.
Forestry Uses
No forest harvesting use will be permitted within 300 metres of a municipal well or
within 30 metres of the top of the bank of any watercourse. Harvesting and removal of
wood will not involve the use of heavy mechanical equipment such as a harvester,
skidder, or forwarder.
3.
Soil Disturbance Not Permitted
No excavation of soil or gravel, placing of landfill material, or similar disturbances to the
natural ground surface will be permitted in the PWS zone.
4.
Referral to Department of Environment and Conservation
All proposals for development within the Protected Water Supply zone will be referred to
the Water Resources Division of the Department Of Environment and Conservation. No
development will proceed until comments have been received from the Division.
5.
Archaeological Resources
See Regulation 40, Part II - General Development Standards.
Town of Badger
Development Regulations 2015-2025
SCHEDULE C ENVIRONMENTAL PROTECTION (EP) ZONE
____________________________________________________________________
Schedule C - Page 2
ZONE TITLE
ENVIRONMENTAL PROTECTION
"EP"
PERMITTED USE CLASSES
(See Regulation 93)
DISCRETIONARY USE CLASSES
(See Regulations 30 and 94)
Conservation
Cemetery (See Condition 7)
Campground (See Condition 8)
Crop agriculture (See Condition 4)
Dock (See Condition 6)
Forestry (See Condition 4)
Open space
Slipway (See Condition 6)
Transportation
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be compatible with the uses within the Permitted Use
Classes, is in accordance with the special Flood Risk Area restrictions, and is not contrary
to the general intent of the Municipal Plan and Development Regulations.
Development that is permitted at Council's discretion will be subject to terms and
conditions to ensure it will not detract from the environmental protection purpose of this
zone.
2.
Buildings
No buildings will be permitted in the EP zone except for:
(i)
a building or structure associated with a municipal public work, for example, a
sewer treatment facility, pump house, or outfall,
(ii)
reconstruction of an existing building or structure that was in existence on the
registration date of this Municipal Plan, and
(iii)
an accessory building or structure to (i) or (ii) above.
3.
Landscape Disturbance Near Shorelines
Grubbing or excavation of soil, placing of landfill material, or other altering of the
landscape will be limited to a maximum of ten percent (10%) of the portion of any lot
located within 15 metres of the top of the bank of any watercourse.
4.
Crop Agriculture and Forestry Uses
No agriculture or forest harvesting use will be permitted within 15 metres of the top of
the bank of any watercourse.
Town of Badger
Development Regulations 2015-2025
SCHEDULE C ENVIRONMENTAL PROTECTION (EP) ZONE
____________________________________________________________________
Schedule C - Page 3
5.
Flood Risk Areas (FRAs)
(1)
Referral to Department of Environment and Conservation
Proposals for development within a Flood Risk Area will be referred to the Water
Resources Division of the Department Of Environment and Conservation. No
development will proceed until comments have been received from the Division.
(2)
Building Development Controls in Flood Risk Areas
See Regulation 62, Part II - General Development Standards.
6.
Docks and Slipways
A dock or slipway may be permitted at Council's discretion if it is deemed by Council to
be environmentally acceptable, compatible with surrounding development, and not an
impediment to public access along the shoreline.
Approval to erect a dock or slipway will be subject to terms and conditions set by
Council.
7.
Cemetery
An application to develop or expand a cemetery must be accompanied by a site design
plan for Council's consideration. The site plan will illustrate the location of the cemetery,
access points, landscaping, and buffers with adjacent properties.
8.
Campground
(1)
A campground may be permitted at Council's discretion if it is deemed by
Council to be environmentally acceptable, compatible with surrounding
development, not an impediment to public access along the shoreline, not an
interference with archaeological resources, and in accordance with the Provincial
Policy for Floodplain Management (see Schedule F) and other Provincial
environmental policies and regulations.
(2)
A campground in the EP zone:
(a)
will not include buildings of any type.
(b)
may include minor structures such as trails and internal roadways so long
as they do not involve changes in the grade of land.
(c)
will not be located closer than 15 metres from the top of the bank of any
watercourse.
(3)
An application for a campground in the EP zone will require a development plan
satisfactory to Council containing the following information:
Town of Badger
Development Regulations 2015-2025
SCHEDULE C ENVIRONMENTAL PROTECTION (EP) ZONE
____________________________________________________________________
Schedule C - Page 4
(a)
Location and size of operation, including number of campsites
(b)
Internal roads and accesses
(c)
Parking areas
(d)
Water supply and wastewater disposal
(e)
Landscaping
(f)
Buffers and screening between the site and other land uses
(g)
Delineation of the property on a legal survey
(h)
Where deemed necessary by Council, a phasing plan for development.
(3)
All campsites and on-site facilities that form part of the development will be
accessible only via the internal road network of the development.
(4)
Council may require the development to include suitable buffers and screening
where the development abuts an existing or future public street or residential area.
(5)
The development permit will specify the maximum number of campsites that will
be permitted on the site.
(6)
No expansion or alteration of a campground, other than repairs and maintenance,
will take place without the approval of Council.
(7)
The operation will comply with all bylaws and regulations of Council pertaining
to noise and unruly behaviour.
(8)
If deemed necessary by Council, a deposit to cover the cost of buffers and
screening shall be deposited with Council until the work is completed according
to the approved plan.
9.
Archaeological Resources
See Regulation 40, Part II - General Development Standards.
10.
Environmental Control
(1)
All approved developments and utilities must be designed and constructed in
accordance with high environmental standards as specified in terms and
conditions established by Council.
Town of Badger
Development Regulations 2015-2025
SCHEDULE C ENVIRONMENTAL PROTECTION (EP) ZONE
____________________________________________________________________
Schedule C - Page 5
(2)
Where it deems necessary, Council may require a proposed discretionary use to
undergo an appropriate assessment to ensure that the development will be
undertaken in a way that minimizes potential environmental effects.
Town of Badger
Development Regulations 2015-2025
SCHEDULE C RESIDENTIAL (R) ZONE
____________________________________________________________________
Schedule C - Page 6
ZONE TITLE
RESIDENTIAL
"R"
PERMITTED USE CLASSES
(See Regulation 93)
DISCRETIONARY USE CLASSES
(See Regulations 30 and 94)
Single dwelling
Subsidiary apartment (See Condition 9)
Accessory building (See Condition 10)
Conservation
Crop agriculture (See Condition 11)
Home occupation (See Condition 6)
Open space
May Be Considered in Non-Flood Risk Areas
and 1:100 Year Flood Risk Areas
Double dwelling
Mini-home
Townhouse
Boarding house
Bed and breakfast (See Condition 8)
Communications
Emergency service
Energy generation facility (See Condition 12)
Recreational open space
Transportation
May Be Considered in Non-Flood Risk Areas Only
Apartment building
Residential care (See Condition 4)
Childcare (See Condition 7)
DEVELOPMENT STANDARDS
STANDARD
Single Dwelling
Double Dwelling
(per unit)
Mini-Home
Minimum lot area
450 m²
270 m²
350 m²
Minimum lot width (frontage)
15.0 m
9.0 m
12.0 m
Minimum floor area (excl. basement)
65.0 m²
65.0 m²
65.0 m²
Minimum frontyard setback
6.0 m
6.0 m
6.0 m
Minimum sideyard setback (each side)
2.5 m + 1.0 m
2.5 m
2.5 m + 1.0 m
Minimum rearyard setback
6.0 m
6.0 m
6.0 m
Minimum distance between buildings
3.0 m
3.0 m
3.0 m
Maximum lot coverage (all buildings)
35%
35%
35%
Town of Badger
Development Regulations 2015-2025
SCHEDULE C RESIDENTIAL (R) ZONE
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Schedule C - Page 7
DEVELOPMENT STANDARDS (continued)
Townhouse
(per unit)
Apartment Building
(per unit)
STANDARD
End
Unit
Interior
Unit
1
Bedroom
2
Bedroom
3
Bedroom
Minimum lot area
270 m²
180 m²
120 m²
150 m²
170 m²
Minimum lot width (frontage)
8.0 m
6.0 m
6.0 m per groundfloor unit
Minimum floor area
65.0 m²
65.0 m²
40.0 m²
50.0 m²
60.0 m²
Minimum frontyard setback
6.0 m
8.0 m
Minimum sideyard
2.0 m
n/a
4.0 m + 1.2 m
Minimum rearyard
6.0 m
6.0 m
Minimum distance between buildings
3.0 m
3.0 m
Maximum lot coverage (all buildings)
40%
40%
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be compatible with the uses within the Permitted Use
Classes, is in accordance with the special Flood Risk Area restrictions, and is not contrary
to the general intent of the Municipal Plan and Development Regulations.
Development that is permitted at Council's discretion may be subject to terms and
conditions to ensure it will not detract from the residential quality and amenities of the
area.
2.
Municipal Services
No residential main use will be permitted in the Residential zone unless it is to be
connected to municipal water and sewer services.
3.
Flood Risk Areas (FRAs)
(1)
Referral to Department of Environment and Conservation
Proposals for development within a Flood Risk Area will be referred to the Water
Resources Division of the Department Of Environment and Conservation. No
development will proceed until comments have been received from the Division.
(2)
Building Development Controls in Flood Risk Areas
See Regulation 62, Part II - General Development Standards.
Town of Badger
Development Regulations 2015-2025
SCHEDULE C RESIDENTIAL (R) ZONE
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Schedule C - Page 8
4.
Residential Care Homes
Where a residential care home is permitted in the Residential zone, it will be subject to
the following:
(a)
It will meet the minimum development standards established for a single dwelling
or such higher standards as Council may require,
(b)
It will be designed and maintained to a high standard with regard to safety,
appearance, and compatibility with surrounding land uses.
(c)
It will provide for adequate off-street parking so as to not result in traffic or
parking problems.
(d)
It will meet such other conditions that are deemed necessary by Council, and
(e)
No change in the type or scale of the use will be permitted except in accordance
with a new development permit and conditions set by Council.
5.
Backlot Development
At its discretion, Council may permit the creation of a residential backlot to the rear of an
existing lot if it deems that the location is suitable, that the backlot will be compatible
with neighbouring properties, that access to the street will be safe, and that the backlot
will not prejudice the development of adjoining land.
To be approved by Council, a residential backlot must meet the following conditions:
(a)
No more that one dwelling will be permitted on a single access.
(b)
The main portion of the lot (excluding the access portion) must meet all
development standards specified in the Use Zone table, including:
(i)
Minimum lot area,
(ii)
Minimum lot width (measured at the front building line),
(iii) Minimum frontyard setback (measured from the rear property line of the
abutting property toward the street),
(iv) Minimum side yards, and
(v)
Minimum rear yard.
(c)
The building line setback from the street will not be less than 30 metres.
(d)
The access portion of the lot will have a minimum width of 7.0 metres at the
streetline and along its entire length. Council may require a wider access if it
deems that this is necessary for proper design, emergency vehicle access, and
public safety.
Town of Badger
Development Regulations 2015-2025
SCHEDULE C RESIDENTIAL (R) ZONE
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Schedule C - Page 9
6.
Home Occupations
See Regulation 37, Part II - General Development Standards.
7.
Childcare
See Regulation 38, Part II - General Development Standards.
8.
Bed and Breakfast
See Regulation 39, Part II - General Development Standards.
9.
Subsidiary Apartments
(1)
One subsidiary apartment only may be permitted in a single dwelling. A
subsidiary apartment will not be permitted in a double dwelling, mini-home, or
townhouse.
(2)
Approval of a subsidiary apartment will be subject to the following conditions:
(a)
The apartment will be completely self-contained, with facilities for
cooking, sleeping, and bathing.
(b)
A minimum floor area of forty (40) square metres is required for a one-
bedroom apartment, plus an additional ten (10) square metres for each
additional bedroom.
10.
Accessory Buildings on Residential Lots
In addition to the requirements for accessory buildings set out in Regulation 36 of the
General Development Standards, an accessory building on a residential lot will be subject
to the following standards and conditions:
(a)
The combined lot coverage of all accessory buildings on a lot will be no more
than 10 percent of the area of the lot.
(b)
The maximum floor area of an accessory building will be in accordance with the
following table.
Maximum Size of Accessory Buildings
Lot Size
Maximum Floor Area
Up to 1000 m²
65 m²
1001-2000 m²
95 m²
Over 2000 m²
125 m²
(c)
No accessory building will be erected closer to the street than the front building
line unless otherwise authorized by Council in accordance with Regulation 36.
Town of Badger
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SCHEDULE C RESIDENTIAL (R) ZONE
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Schedule C - Page 10
(d)
No accessory building will be closer than 1.0 metre from a side or rear lot line.
(e)
No accessory building will be closer than 3.0 metres from another building.
(f)
Except for minor vehicle maintenance, no accessory building will be used for the
repairing, painting, dismantling, or scrapping of vehicles or machinery.
(g)
An accessory building may be used for a home occupation subject to Regulation
37 of the General Development Standards.
(h)
No self-contained apartment or other self-contained living unit will be permitted
in an accessory building.
11.
Crop Agriculture
Crop agriculture may include hobby and small-scale commercial farming.
12.
Energy Generation Facilities
An energy generation facility, if permitted at Council's discretion, will be subject to
Regulation 55 of the General Development Standards.
13.
Signs
See Regulations 63 to 71, Part III - Signs.
14.
Archaeological Resources
See Regulation 40, Part II - General Development Standards.
Town of Badger
Development Regulations 2015-2025
SCHEDULE C RESIDENTIAL (R) ZONE
____________________________________________________________________
Schedule C - Page 11
ZONE TITLE
MIXED DEVELOPMENT-1
"MD1"
PERMITTED USE CLASSES
(See Regulation 93)
DISCRETIONARY USE CLASSES
(See Regulations 30 and 94)
Single dwelling
Double dwelling
Accessory building (See Condition 10)
Conservation
Crop agriculture (See Condition 11)
Cultural and civic
Emergency service
Home occupation (See Condition 6)
Indoor market
Office
Open space
Personal service
Shop
May Be Considered in Non-Flood Risk Areas
and 1:100 Year Flood Risk Areas
Mini-home
Townhouse
Boarding house
Subsidiary apartment (See Condition 9)
Bed and breakfast (See Condition 8)
Campground (See Condition 15)
Catering
Cemetery (See Condition 14)
Club and lodge
Commercial accommodation
Commercial outdoor recreation
Communications
Drinking establishment
Energy generation facility (See Condition 12)
Entertainment
Funeral home
Garden centre
General service
Indoor assembly
Light industry
Medical service
Outdoor assembly
Outdoor market
Place of worship
Recreational open space
Service station (See Condition 16)
Shopping centre
Take-out food service
Tourist cottage establishment (See Condition 15)
Transportation
Vehicle sales and services
Veterinary services
May Be Considered in Non-Flood Risk Areas
Only
Apartment building
Residential care (See Condition 4)
Childcare (See Condition 7)
Educational
General assembly
Town of Badger
Development Regulations 2015-2025
SCHEDULE C RESIDENTIAL (R) ZONE
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Schedule C - Page 12
DEVELOPMENT STANDARDS
STANDARD
Single Dwelling
Double Dwelling
(per unit)
Mini-Home
Minimum lot area
450 m²
270 m²
350 m²
Minimum lot width (frontage)
15.0 m
9.0 m
12.0 m
Minimum floor area (excl. basement)
65.0 m²
65.0 m²
65.0 m²
Minimum frontyard setback
6.0 m
6.0 m
6.0 m
Minimum sideyard setback (each side)
2.5 m + 1.0 m
2.5 m
2.5 m + 1.0 m
Minimum rearyard setback
6.0 m
6.0 m
6.0 m
Minimum distance between buildings
3.0 m
3.0 m
3.0 m
Maximum lot coverage (all buildings)
35%
35%
35%
Townhouse
(per unit)
Apartment Building
(per unit)
STANDARD
End
Unit
Interior
Unit
1
Bedroom
2
Bedroom
3
Bedroom
Minimum lot area
270 m²
180 m²
120 m²
150 m²
170 m²
Minimum lot width (frontage)
8.0 m
6.0 m
6.0 m per groundfloor unit
Minimum floor area
65.0 m²
65.0 m²
40.0 m²
50.0 m²
60.0 m²
Minimum frontyard setback
6.0 m
8.0 m
Minimum sideyard
2.0 m
n/a
4.0 m + 1.2 m
Minimum rearyard
6.0 m
6.0 m
Minimum distance between buildings
3.0 m
3.0 m
Maximum lot coverage (all buildings)
40%
40%
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be compatible with the uses within the Permitted Use
Classes, is in accordance with the special Flood Risk Area restrictions, and is not contrary
to the general intent of the Municipal Plan and Development Regulations.
Development that is permitted at Council's discretion may be subject to terms and
conditions to ensure it will not detract from the general quality and amenities of the area.
2.
Municipal Services
Development will be not permitted in the Mixed Development-1 zone that cannot be
connected to municipal water and sewer services.
Town of Badger
Development Regulations 2015-2025
SCHEDULE C RESIDENTIAL (R) ZONE
____________________________________________________________________
Schedule C - Page 13
3.
Development in Flood Risk Areas (FRAs)
(1)
Referral to Department of Environment and Conservation
Proposals for development within a Flood Risk Area will be referred to the Water
Resources Division of the Department Of Environment and Conservation. No
development will proceed until comments have been received from the Division.
(2)
Building Development Controls in Flood Risk Areas
See Regulation 62, Part II - General Development Standards.
4.
Residential Care Homes and Non-Residential Developments
Where a residential care home, commercial use, or other non-residential development is
permitted in the Mixed Development-1 zone, it will be subject to the following:
(a)
It will meet the minimum development standards established for a single dwelling
or such higher standards as Council may require.
(b)
It will be designed and maintained to a high standard with regard to safety,
appearance, and compatibility with surrounding land uses.
(c)
It will provide for adequate off-street parking so as to not result in traffic or
parking problems.
(d)
It will meet such other conditions that are deemed necessary by Council.
(e)
No change in the type or scale of the use will be permitted except in accordance
with a new development permit and conditions set by Council.
5.
Backlot Development
At its discretion, Council may permit the creation of a residential or commercial backlot
to the rear of an existing lot if it deems that the location is suitable, that the backlot will
be compatible with neighbouring properties, that access to the street will be safe, and that
the backlot will not prejudice the development of adjoining land.
To be approved by Council, a residential backlot must meet the following conditions:
(a)
No more than one dwelling will be permitted on a single access.
(b)
The main portion of the lot (excluding the access portion) must meet all
development standards specified in the Use Zone table, including:
(i)
Minimum lot area,
(ii)
Minimum lot width (measured at the front building line),
(iii) Minimum frontyard setback (measured from the rear property line of the
abutting property toward the street),
Town of Badger
Development Regulations 2015-2025
SCHEDULE C RESIDENTIAL (R) ZONE
____________________________________________________________________
Schedule C - Page 14
(iv) Minimum side yards, and
(v)
Minimum rear yard.
(c)
The building line setback from the street will be no less than 30 metres.
(d)
The access portion of the lot will have a minimum width of 7.0 metres at
the streetline and along its entire length. Council may require a wider access if it
deems that this is necessary for proper design, emergency vehicle access, and
public safety.
6.
Home Occupations
See Regulation 37, Part II - General Development Standards
7.
Childcare
See Regulation 38, Part II - General Development Standards
8.
Bed and Breakfast
See Regulation 39, Part II - General Development Standards
9.
Subsidiary Apartments
(1)
One subsidiary apartment only may be permitted in a single dwelling or a
commercial building. A subsidiary apartment will not be permitted in a double
dwelling, mini-home, or townhouse.
(2)
Approval of a subsidiary apartment will be subject to the following conditions:
(a)
The apartment will be completely self-contained, with facilities for
cooking, sleeping, and bathing.
(b)
A minimum floor area of forty (40) square metres is required for a one-
bedroom apartment, plus an additional ten (10) square metres for each
additional bedroom.
10.
Accessory Buildings on Residential Lots
In addition to the requirements for accessory buildings set out in Regulation 36 of the
General Development Standards, an accessory building on a residential lot will be subject
to the following standards and conditions:
(a)
The combined lot coverage of all accessory buildings on a lot will be no more
than 10 percent of the area of the lot.
Town of Badger
Development Regulations 2015-2025
SCHEDULE C RESIDENTIAL (R) ZONE
____________________________________________________________________
Schedule C - Page 15
(b)
The maximum floor area of an accessory building will be in accordance with the
following table.
Maximum Size of Accessory Buildings
Lot Size
Maximum Floor Area
Up to 1000 m²
65 m²
1001-2000 m²
95 m²
Over 2000 m²
125 m²
(c)
No accessory building will be erected closer to the street than the front building
line unless otherwise authorized at Council's discretion in accordance with
Regulation 36.
(d)
No accessory building will be closer than 1.0 metre from a side or rear lot line.
(e)
No accessory building will be closer than 3.0 metres from another building.
(f)
Except for minor vehicle maintenance, no accessory building will be used for the
repairing, painting, dismantling, or scrapping of vehicles or machinery.
(g)
An accessory building may be used for a home occupation subject to Regulation
37 of the General Development Standards.
(h)
No self-contained apartment or other self-contained living unit will be permitted
in an accessory building.
11.
Crop Agriculture
Crop agriculture may include hobby and small-scale commercial farming.
12.
Energy Generation Facilities
An energy generation facility, if permitted at Council's discretion, will be subject to
Regulation 55 of the General Development Standards.
13.
Hazardous and Noxious Uses
At its discretion, Council may restrict the development or location of any use or activity
that might release or emit a hazardous, noxious, or polluting substance that would affect
neighbouring properties.
Town of Badger
Development Regulations 2015-2025
SCHEDULE C RESIDENTIAL (R) ZONE
____________________________________________________________________
Schedule C - Page 16
14.
Cemetery
An application to develop or expand a cemetery must be accompanied by a site design
plan for Council's consideration. The site plan will illustrate the location of the cemetery,
access points, landscaping, and buffers with adjacent properties.
15.
Tourist Cottages and Campgrounds
(1)
A proposal for a tourist cottage establishment or campground will require a
development plan satisfactory to Council, containing the following information:
(a)
Location and size of operation, including campsites and/or cottage units
(b)
Internal roads and accesses
(c)
Parking areas
(d)
Accessory uses such as laundry and storage facilities, washrooms,
showers, convenience store, caretaker residence, and outdoor and indoor
recreation facilities
(e)
Water supply and wastewater disposal
(f)
Landscaping
(g)
Buffers and screening between the site and other land uses
(h)
Delineation of the property on a legal survey
(i)
Where deemed necessary by Council, a phasing plan for development.
(2)
All campsites, cottages, and on-site facilities that form part of the development
will be accessible only via the internal road network of the development.
(3)
Council may require the development to include suitable buffers and screening
where the development abuts an existing or future public street or residential area.
(4)
The development permit will specify the maximum number of cottage units
and/or campsites that will be permitted on the site.
(5)
No expansion or alteration of a campground, other than repairs and maintenance,
will take place without the approval of Council.
(6)
The operation will comply with all bylaws and regulations of Council pertaining
to noise and unruly behaviour.
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SCHEDULE C RESIDENTIAL (R) ZONE
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Schedule C - Page 17
(7)
If deemed necessary by Council, a deposit to cover the cost of buffers and
screening shall be deposited with Council until the work is completed according
to the approved plan.
16.
Service Station
See Regulation 61, Part II - General Development Standards.
17.
Signs
See Regulations 63 to 71, Part III - Signs.
18.
Archaeological Resources
See Regulation 40, Part II - General Development Standards.
Town of Badger
Development Regulations 2015-2025
SCHEDULE C MIXED DEVELOPMENT-2 (MD2) ZONE
____________________________________________________________________
Schedule C - Page 18
ZONE TITLE
MIXED DEVELOPMENT-2
"MD2"
PERMITTED USE CLASSES
(See Regulation 93)
DISCRETIONARY USE CLASSES
(See Regulations 30 and 94)
Conservation
Crop agriculture (See Condition 9)
Open space
May Be Considered in All Areas,
including 1:20 Year Flood Risk Areas
Catering (See Condition 3)
Cultural and civic (See Condition 3)
Outdoor market
May Be Considered in Non-Flood Risk Areas
and 1:100 Year Flood Risk Areas
Single dwelling
Double dwelling
Subsidiary apartment (See Condition 7)
Accessory building (See Condition 8)
Boarding house
Bed and breakfast (See Condition 6)
Commercial accommodation
Communications
Emergency service
Energy generation facility (See Condition 10)
General assembly
General service
Home occupation (See Condition 5)
Indoor assembly
Indoor market
Medical service
Office
Personal service
Shop
Take-out food service
Transportation
Town of Badger
Development Regulations 2015-2025
SCHEDULE C MIXED DEVELOPMENT-2 (MD2) ZONE
____________________________________________________________________
Schedule C - Page 19
DEVELOPMENT STANDARDS
STANDARD
Single Dwelling
Double Dwelling
(per unit)
Mini-Home
Minimum lot area
450 m²
270 m²
350 m²
Minimum lot width (frontage)
15.0 m
9.0 m
9.0 m
Minimum floor area (excl. basement)
65.0 m²
65.0 m²
65.0 m²
Minimum frontyard setback
6.0 m
6.0 m
6.0 m
Minimum sideyard setback (each side)
2.5 m + 1.0 m
2.5 m
2.5 m + 1.0 m
Minimum rearyard setback
6.0 m
6.0 m
6.0 m
Minimum distance between buildings
3.0 m
3.0 m
3.0 m
Maximum lot coverage (all buildings)
35%
35%
35%
Townhouse
(per unit)
Apartment Building
(per unit)
STANDARD
End
Unit
Interior
Unit
1
Bedroom
2
Bedroom
3
Bedroom
Minimum lot area
270 m²
180 m²
120 m²
150 m²
170 m²
Minimum lot width (frontage)
8.0 m
6.0 m
6.0 m per groundfloor unit
Minimum floor area
65.0 m²
65.0 m²
40.0 m²
50.0 m²
60.0 m²
Minimum frontyard setback
6.0 m
8.0 m
Minimum sideyard
2.0 m
n/a
4.0 m + 1.2 m
Minimum rearyard
6.0 m
6.0 m
Minimum distance between buildings
3.0 m
3.0 m
Maximum lot coverage (all
40%
40%
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be compatible with the uses within the Permitted Use
Classes, is in accordance with the special Flood Risk Area restrictions, and is not contrary
to the general intent of the Municipal Plan and Development Regulations.
Development that is permitted at Council's discretion may be subject to terms and
conditions to ensure it will not detract from the general quality and amenities of the area.
2.
Municipal Services
Development will be not permitted in the Mixed Development-2 zone that cannot be
connected to municipal water and sewer services.
Town of Badger
Development Regulations 2015-2025
SCHEDULE C MIXED DEVELOPMENT-2 (MD2) ZONE
____________________________________________________________________
Schedule C - Page 20
3.
Development in Flood Risk Areas (FRAs)
(1)
Buildings and Structures in 1:20 Year Flood Risk Areas
In accordance with the Provincial Policy for Floodplain Management (see
Schedule F), Council will not consider an application for any building or structure
in any 1:20 year Flood Risk Area other than a tourism related building or
structure. An application will not be considered for any type of accommodations
facility such as a motel, hotel, or hostel.
(2)
Referral to Department of Environment and Conservation
Proposals for development within a Flood Risk Area will be referred to the Water
Resources Division of the Department Of Environment and Conservation. No
development will proceed until comments have been received from the Division.
(3)
Building Development Controls in Flood Risk Areas
See Regulation 62, Part II - General Development Standards.
4.
Non-Residential Developments
Where a commercial use or other non-residential development is permitted in the Mixed
Development-2 zone, it will be subject to the following:
(a)
It will meet the minimum development standards established for a single dwelling
or such higher standards as Council may require.
(b)
It will be designed and maintained to a high standard with regard to safety,
appearance, and compatibility with surrounding land uses.
(c)
It will provide for adequate off-street parking so as to not result in traffic or
parking problems.
(d)
It will meet such other conditions that are deemed necessary by Council.
(e)
No change in the type or scale of the use will be permitted except in accordance
with a new development permit and conditions set by Council.
5.
Home Occupations
See Regulation 37, Part II - General Development Standards
6.
Bed and Breakfast
See Regulation 39, Part II - General Development Standards
Town of Badger
Development Regulations 2015-2025
SCHEDULE C MIXED DEVELOPMENT-2 (MD2) ZONE
____________________________________________________________________
Schedule C - Page 21
7.
Subsidiary Apartments
(1)
One subsidiary apartment only may be permitted in a single dwelling or a
commercial building. A subsidiary apartment will not be permitted in a double
dwelling, mini-home, or townhouse.
(2)
Approval of a subsidiary apartment will be subject to the following conditions:
(a)
The apartment will be completely self-contained, with facilities for
cooking, sleeping, and bathing.
(b)
A minimum floor area of forty (40) square metres is required for a one-
bedroom apartment, plus an additional ten (10) square metres for each
additional bedroom.
8.
Accessory Buildings on Residential Lots
In addition to the requirements for accessory buildings set out in Regulation 36 of the
General Development Standards, an accessory building on a residential lot will be subject
to the following standards and conditions:
(a)
The combined lot coverage of all accessory buildings on a lot will be no more
than 10 percent of the area of the lot.
(b)
The maximum floor area of an accessory building will be in accordance with the
following table.
Maximum Size of Accessory Buildings
Lot Size
Maximum Floor Area
Up to 1000 m²
65 m²
1001-2000 m²
95 m²
Over 2000 m²
125 m²
(c)
No accessory building will be erected closer to the street than the front building
line unless otherwise authorized by Council in accordance with Regulation 36.
(d)
No accessory building will be closer than 1.0 metre from a side or rear lot line.
(e)
No accessory building will be closer than 3.0 metres from another building.
(f)
Except for minor vehicle maintenance, no accessory building will be used for the
repairing, painting, dismantling, or scrapping of vehicles or machinery.
(g)
An accessory building may be used for a home occupation subject to Regulation
37 of the General Development Standards.
Town of Badger
Development Regulations 2015-2025
SCHEDULE C MIXED DEVELOPMENT-2 (MD2) ZONE
____________________________________________________________________
Schedule C - Page 22
(h)
No self-contained apartment or other self-contained living unit will be permitted
in an accessory building.
9.
Crop Agriculture
Crop agriculture may include hobby and small-scale commercial farming.
10.
Energy Generation Facilities
An energy generation facility, if permitted at Council's discretion, will be subject to
Regulation 55 of the General Development Standards.
11.
Signs
See Regulations 63 to 71, Part III - Signs.
12.
Archaeological Resources
See Regulation 40, Part II - General Development Standards.
Town of Badger
Development Regulations 2015-2025
SCHEDULE C PUBLIC USE (PU) ZONE
____________________________________________________________________
Schedule C - Page 23
ZONE TITLE
PUBLIC USE
"PU"
PERMITTED USE CLASSES
(See Regulation 93)
DISCRETIONARY USE CLASSES
(See Regulations 30 and 94)
Conservation
Open space
Recreational open space
May Be Considered in Non-Flood Risk Areas
and 1:100 Year Flood Risk Areas
Catering (See Condition 8)
Cemetery (see Condition 6)
Club and lodge
Cultural and civic
General assembly
Indoor assembly
Office (See Condition 4)
Outdoor assembly
Place of worship
Residential care
Subsidiary apartment (See Condition 7)
Transportation
May Be Considered in Non-Flood Risk Areas Only
Childcare (See Condition 5)
Educational
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be compatible with the uses within the Permitted Use
Classes, is in accordance with the special Flood Risk Area restrictions, and is not contrary
to the general intent of the Municipal Plan and Development Regulations.
Development that is permitted at Council's discretion may be subject to terms and
conditions to ensure it will not detract from the general quality and amenities of the area.
2.
Municipal Services
Development will be not permitted in the Public Use zone that cannot be connected to
municipal water and sewer services.
Town of Badger
Development Regulations 2015-2025
SCHEDULE C PUBLIC USE (PU) ZONE
____________________________________________________________________
Schedule C - Page 24
3.
Development in Flood Risk Areas (FRAs)
(1)
Referral to Department of Environment and Conservation
Proposals for development within a Flood Risk Area will be referred to the Water
Resources Division of the Department Of Environment and Conservation. No
development will proceed until comments have been received from the Division.
(1)
Building Development Controls in Flood Risk Areas
See Regulation 62, Part II - General Development Standards.
4.
Office
An office use will only be permitted if it is accessory to a main use.
5.
Childcare
See Regulation 38, Part II - General Development Standards
6.
Cemetery
An application to develop or expand a cemetery must be accompanied by a site design
plan for Council's consideration. The site plan will illustrate the location of the cemetery,
access points, landscaping, and buffers with adjacent properties.
7.
Subsidiary Apartments
(1)
One subsidiary apartment only may be permitted in a main use at Council's
discretion if it is shown that the apartment is necessary for the operation of the
main use.
(2)
Approval of a subsidiary apartment will be subject to the following conditions:
(a)
The apartment will be completely self-contained, with facilities for
cooking, sleeping, and bathing.
(b)
A minimum floor area of forty (40) square metres is required for a one-
bedroom apartment, plus an additional ten (10) square metres for each
additional bedroom.
8.
Catering
At Council's discretion, a catering use may be permitted if it is accessory use to a main
use such as a place of worship, cultural facility, club or lodge, or indoor or general
assembly use.
9.
Signs
See Regulations 63 to 71, Part III - Signs.
Town of Badger
Development Regulations 2015-2025
SCHEDULE C PUBLIC USE (PU) ZONE
____________________________________________________________________
Schedule C - Page 25
10.
Archaeological Resources
See Regulation 40, Part II - General Development Standards.
Town of Badger
Development Regulations 2015-2025
SCHEDULE C COMMERCIAL-LIGHT INDUSTRIAL (CLI) ZONE
____________________________________________________________________
Schedule C - Page 26
ZONE TITLE
COMMERCIAL-
LIGHT INDUSTRIAL
"CLI"
PERMITTED USE CLASSES
(See Regulation 93)
DISCRETIONARY USE CLASSES
(See Regulations 30 and 94)
Conservation
Open space
May Be Considered in All Areas,
including 1:20 Year Flood Risk Areas
Catering (See Condition 3)
Cultural and civic (See Condition 3)
Commercial outdoor recreation
General industry (See Condition 3)
Light industry (See Condition 3)
Outdoor assembly
Outdoor market
Recreational open space
May Be Considered in Non-Flood Risk Areas
and 1:100 Year Flood Risk Areas
Commercial accommodation
Drinking establishment
Emergency service
Energy generation facility (See Condition 7)
Entertainment
Funeral home
Garden centre
General assembly
General service
Indoor assembly
Indoor market
Kennel
Office
Personal service
Service station (See Condition 8)
Shop
Take-out food service
Transportation
Vehicle sales and service
Veterinary services
Town of Badger
Development Regulations 2015-2025
SCHEDULE C COMMERCIAL-LIGHT INDUSTRIAL (CLI) ZONE
____________________________________________________________________
Schedule C - Page 27
DEVELOPMENT STANDARDS
Minimum Frontyard (m)
8.0
(Council may require higher setbacks)
Minimum Sideyard (m)
3.0 + 1.0
(may be waived for buildings with adjoining
walls)
Minimum Sideyard for Open Storage (m)
5.0
Min. Flanking Road Sideyard (m)
6.0
Minimum Rearyard (m)
10.0
Maximum Lot Coverage - All Buildings
40%
1.
Discretionary Uses
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be compatible with the uses within the Permitted Use
Classes, is in accordance with the special Flood Risk Area restrictions, and is not contrary
to the general intent of the Municipal Plan and Development Regulations.
Development that is permitted at Council's discretion may be subject to terms and
conditions to ensure it will not detract from the general quality and amenities of the area.
2.
Municipal Services
Development will be not permitted in the Commercial-Light Industrial zone that cannot
be connected to municipal water and sewer services.
3.
Development in Flood Risk Areas (FRAs)
(1)
Buildings and Structures in 1:20 Year Flood Risk Areas
In accordance with the Provincial Policy for Floodplain Management (see
Schedule F), Council will not consider an application for any building or structure
in any 1:20 year Flood Risk Area other than a tourism related building or
structure. An application will not be considered for an accommodations use such
as a motel or hotel.
(2)
General and Light Industry in 1:20 Year Flood Risk Areas
Within a 1:20 year Flood Risk Area, Council will only consider an application for
a general or light industrial use that does not involve the development of a
building, for example, a construction yard or outdoor storage yard.
(3)
Referral to Department of Environment and Conservation
Proposals for development within a Flood Risk Area will be referred to the Water
Resources Division of the Department Of Environment and Conservation. No
development will proceed until comments have been received from the Division.
Town of Badger
Development Regulations 2015-2025
SCHEDULE C COMMERCIAL-LIGHT INDUSTRIAL (CLI) ZONE
____________________________________________________________________
Schedule C - Page 28
(4)
Building Development Controls in Flood Risk Areas
See Regulation 62, Part II - General Development Standards.
4.
Outdoor Storage
Council may require fencing or other forms of screening of an outdoor storage area where
the quantity or type of material being stored would contribute to unsightly appearance.
5.
Dangerous, Hazardous, and Noxious Uses
In accordance with Regulation 51, Council may restrict the development or location of
any use or activity that it deems might be dangerous or might release or emit a hazardous,
noxious, or polluting substance that would affect neighbouring properties.
6.
Flammable Liquids Storage
All buildings, tanks, and structures related to the bulk storage of flammable liquids will
conform to the requirements of the Provincial Fire Commissioner and shall be surrounded
by such buffers and landscaping as Council may require to reduce risks to adjacent uses
due to fire, explosion, or spillage of flammable liquid.
7.
Energy Generation Facility
An energy generation facility, if permitted by Council, will be subject to Regulation 55
of the General Development Standards.
8.
Service Station
See Regulation 61, Part II - General Development Standards
9.
Screening and Landscaping
Council may require buffering or screening of sites with natural or planted vegetation,
fencing, or structural barriers to reduce the aesthetic impact of industrial uses on nearby
residential areas and public streets and highways.
10.
Signs
See Regulations 63 to 71, Part III - Signs.
11.
Archaeological Resources
See Regulation 40, Part II - General Development Standards.
Town of Badger
Development Regulations 2014-2025
SCHEDULE C OPEN SPACE (OS) ZONE
____________________________________________________________________
Schedule C - Page 29
ZONE TITLE
OPEN SPACE
"OS"
PERMITTED USE CLASSES
(See Regulation 93)
DISCRETIONARY USE CLASSES
(See Regulations 30 and 94)
Conservation
Open space
Crop agriculture (See Condition 4)
Energy generation facility (See Condition 6)
Indoor assembly (See Condition 3)
Outdoor assembly
Outdoor market (See Condition 5)
Recreational open space
Take-out food service (See Condition 5)
Transportation
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be compatible with the uses within the Permitted Use
Classes, is in accordance with the special Flood Risk Area restrictions, and is not contrary
to the general intent of the Municipal Plan and Development Regulations.
Development that is permitted at Council's discretion may be subject to terms and
conditions to ensure it will not detract from the general quality and amenities of the area.
2.
Development Criteria
All development must meet the development standards prescribed by Council.
3.
Development in Flood Risk Areas (FRAs)
(1)
Buildings and Structures in 1:20 Year Flood Risk Areas
In accordance with the Provincial Policy for Floodplain Management (see
Schedule F), within the OS zone Council will not consider an application for any
building or structure in any 1:20 year Flood Risk Area. It may consider an
application to expand an existing building subject to prior approval by the
Department of Environment and Conservation.
(2)
Referral to Department of Environment and Conservation
Proposals for development within a Flood Risk Area will be referred to the Water
Resources Division of the Department Of Environment and Conservation. No
development will proceed until comments have been received from the Division.
Town of Badger
Development Regulations 2014-2025
SCHEDULE C OPEN SPACE (OS) ZONE
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Schedule C - Page 30
(3)
Building Development Controls in Flood Risk Areas
See Regulation 62, Part II - General Development Standards.
4.
Crop Agriculture
Crop agriculture may be permitted in the form of community gardens.
5.
Outdoor Markets and Take-Out Food Services
Outdoor markets and take-out food service may be permitted only on a temporary basis,
for example, during community events.
6.
Energy Generation Facilities
An energy generation facility, if permitted by Council, will be subject to Regulation 55
of the General Development Standards.
7.
Signs
See Regulations 63 to 71, Part III - Signs.
8.
Archaeological Resources
See Regulation 40, Part II - General Development Standards.
Town of Badger
Development Regulations 2015-25
Schedule D - Off-Street Loading and
Parking Requirements
Town of Badger
Development Regulations 2015-2025
SCHEDULE D OFF-STREET LOADING AND PARKING REQUIREMENTS
____________________________________________________________________
Schedule D - Page 1
SCHEDULE D - OFFSTREET LOADING AND PARKING REQUIREMENTS
1.
Off-Street Loading Requirements
(1)
Where Council deems necessary, for every building, structure or use requiring the
shipping, loading or unloading of animals, goods, wares or merchandise, one or
more loading spaces will be provided and maintained on the lot measuring at least
15 metres long and 4 metres wide with a vertical clearance of at least 4 metres.
The space will have direct access to a public street or to a driveway of a minimum
width of 6 metres that connects to a public street.
(2)
The number of loading spaces to be provided will be determined by Council.
(3)
The loading spaces required by this Regulation will be designed so that vehicles
can manoeuvre clear of any street and so that it would not be necessary for any
vehicle to reverse onto or from a street.
2.
Parking Area Standards
(1)
For every building, structure or use to be erected or enlarged, there shall
be provided and maintained a quantity of off-street parking spaces sufficient to
ensure that the flow of traffic on adjacent streets is not impeded by on-street
parking of vehicles associated with that building, structure or use.
(2)
The number of parking spaces to be provided for any building, structure, use of
occupancy shall conform to the standards set out in Schedule D, except as
otherwise modified by Schedule C, of these Regulations.
(3)
Each parking space, except in the case of a single or attached dwelling, will be
made accessible by means of a right-of-way at least 3 metres wide.
(4)
Residential parking spaces shall be provided on the same lot as the dwelling or
dwellings. Parking space for apartment buildings will be provided in the rear yard
where possible.
(5)
Non-residential parking spaces shall be provided not more than 200 metres
distance from the use for which the parking is required.
(6)
The parking facilities required by this Regulation will, except in the case of single
or attached dwellings, be arranged so that it is not necessary for any vehicle to
reverse onto or from a street.
(7)
Where Council permits parking perpendicular to the curb, the minimum
Town of Badger
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SCHEDULE D OFF-STREET LOADING AND PARKING REQUIREMENTS
____________________________________________________________________
Schedule D - Page 2
dimensions of each parking stall will be as follows:
Parking stall width
2.5 metres
Parking stall length or depth
5.8 metres
Aisle width separating opposite parking stalls
7.0 metres
Aisle width separating a stall from another obstruction
7.0 metres
Where Council permits parking parallel to the curb, the minimum length of the
stall will be 7.0 metres and the aisle width will be at least 4 metres, or more if
deemed necessary by Council.
For any other parking lot configuration, the requirements shall as be as specified
by Council, but in no instance shall the requirements be less than that specified
for perpendicular parking spaces.
(6)
Other requirements for parking areas are as follows:
(a)
The parking area will be constructed and maintained to the specifications
of Council,
(b)
Lights for illumination of the parking area will be arranged so as to divert
the light away from adjacent development,
(c)
Except on a service station or industrial lot, no gasoline pump or other
service station equipment will be located or maintained in a parking area,
(e)
No part of any off-street parking area will be closer than 1.5 metres from
the front lot line in any zone,
(f)
Where Council deems that strict application of the parking requirements is
impractical or undesirable, Council may as a condition of a permit require
the developer to pay a service levy in lieu of the provision of a parking
area, and Council will use the full amount of the levy for the provision and
upkeep of alternative parking facilities within the vicinity of the
development.
3.
Off-Street Parking Requirements
(1)
The off-street parking requirements for the various use classes set out in Schedule
B will be as set out in the following table, except as otherwise set out in Schedule
C. In the case of developments that include more than one use class, these
standards shall be regarded as cumulative.
(2)
Adequate off-street provision for the drop-off and pick-up of persons will be
provided on the same lot as the development unless otherwise stipulated by
Council.
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SCHEDULE D OFF-STREET LOADING AND PARKING REQUIREMENTS
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Schedule D - Page 3
(3)
The number of spaces to be provided for off-street parking will be in accordance
with the following table.
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
Theatre
One space for every 6 seats.
Cultural and Civic
One space for every 60 square metres of gross floor areas.
General Assembly
One space for every 15 square metres of gross floor area.
Educational
Schools - 2 spaces for every classroom.
Further education - 1 space for every 5 persons using the facil-
ities (students, faculty and staff).
Place of Worship
One space for every 6 seats.
Passenger Assembly
As specified by Council.
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 12 square metres of gross floor area.
Child Care
One space for every 30 square metres of gross floor area
Amusement
One space for every 15 square metres of gross floor area.
Outdoor Assembly
As specified by Council.
Campground
As specified by Council.
Medical Treatment and
Special Care
Once space per 22 square metres of suite or ward area
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.
Residential Care
As specified by Council.
Boarding House and/or Bed
and Breakfast
As specified by Council.
Commercial Accommodation
One space for every guest room.
Mobile and Mini Homes
Two spaces for every dwelling unit.
Office
One space for every 25 m2 of gross floor area.
Medical and Professional
One space for every 25 m2 of gross floor area.
Personal Service
One space for every 25 m2 of gross floor area.
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
General Service
One space for every 25 m2 of gross floor area.
Communications
As specified by Council.
Police Station
As specified by Council.
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Development Regulations 2015-2025
SCHEDULE D OFF-STREET LOADING AND PARKING REQUIREMENTS
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Schedule D - Page 4
Taxi Stand
As specified by Council.
Take-out Food Service
One space for every 25 m2 of gross floor area.
Veterinary
One space for every 25 m2 of gross floor area.
Shopping Centre
One space for every 18 m2 of gross floor area.
Shop
One space for every 20 m2 of gross floor area.
Indoor Market
As specified by Council.
Outdoor Market
As specified by Council.
Convenience Store
One space for every 20 m2 of gross floor area.
General and hazardous
industry
As specified by Council, 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 Council but not less than one space per 50 m2
of gross floor area or 5 parking spaces, whichever is greater.
Town of Badger
Development Regulations 2015-25
Schedule E - Ministerial
Development Regulations
NEWFOUNDLAND AND LABRADOR
REGULATION 3/01
Development Regulations under the
Urban and Rural Planning Act, 2000
(Filed January 2, 2001)
Under the authority of section 36 of the Urban and Rural Planning Act, 2000, I make the
following regulations.
Dated at St. John's, January 2, 2001 .
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
Analysis
1. Short title
2. Definitions
3. Application
4. Interpretation
5. Notice of right to appeal
6. Appeal requirements
7. Appeal registration
8. Development prohibited
9. Hearing notice and meetings
10. Hearing of evidence
11. Board decision
12. Variances
13. Notice of variance
14. Residential non conformity
15. Notice and hearings on change of use
16. Non-conformance with standards
17. Discontinuance of non-conforming use
18. Delegation of powers
19. Commencement
Town of Badger
Development Regulations 2015-2025
SCHEDULE E MINISTERIAL DEVELOPMENT REGULATIONS
____________________________________________________________________
Schedule E - Page 1
Short title
1.
These regulations may be cited as the Development Regulations.
Definitions
2.
In these regulations,
(a)
"Act", unless the context indicates otherwise, means the Urban and Rural
Planning Act, 2000 ;
(b)
"applicant" means a person who has applied to an authority for an approval or
permit to carry out a development;
(c) "
authority" means a council, authorized administrator or regional authority; and
(d)
"development regulations" means these regulations and regulations and by-laws
respecting development that have been enacted by the relevant authority.
Application
3.
(1) These regulations shall be included in the development regulations of an
authority and shall apply to all planning areas.
(2) Where there is a conflict between these regulations and development regulations
or other regulations of an authority, these regulations shall apply.
(3) Where another Act of the province provides a right of appeal to the board, these
regulations shall apply to that appeal.
Interpretation
4.
(1) In development regulations and other regulations made with respect to a
planning area the following terms shall have the meanings indicated in this section
(a)
"access" means a way used or intended to be used by vehicles, pedestrians or
animals in order to go from a street to adjacent or nearby land or to go from that land to the
street;
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SCHEDULE E MINISTERIAL DEVELOPMENT REGULATIONS
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Schedule E - Page 2
(b)
"accessory building" includes
(i)
a detached subordinate building not used as a dwelling, located on the same lot as
the main building to which it is an accessory and which has a use that is customarily incidental or
complementary to the main use of the building or land,
(ii)
for residential uses, domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for domestic pets or
radio and television antennae,
(iii)
for commercial uses, workshops or garages, and
(iv)
for industrial uses, garages, offices, raised ramps and docks;
(c)
"accessory use" means a use that is subsidiary to a permitted or discretionary use
and that is customarily expected to occur with the permitted or discretionary use;
(d)
"building height" means the vertical distance, measured in metres from the
established grade to the
(i)
highest point of the roof surface of a flat roof,
(ii)
deck line of a mansard roof, and
(iii)
mean height level between the eave and the ridge of a gable, hip or gambrel roof,
and in any case, a building height shall not include mechanical structure, smokestacks, steeples
and purely ornamental structures above a roof;
(e)
"building line" means a line established by an authority that runs parallel to a
street line and is set at the closest point to a street that a building may be placed;
(f)
"discretionary use" means a use that is listed within the discretionary use classes
established in the use zone tables of an authority's development regulations;
(g)
"established grade" means,
(i)
where used in reference to a building, the average elevation of the finished surface
of the ground where it meets the exterior or the front of that building exclusive of any artificial
embankment or entrenchment, or
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SCHEDULE E MINISTERIAL DEVELOPMENT REGULATIONS
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Schedule E - Page 3
(ii)
where used in reference to a structure that is not a building, the average elevation
of the finished grade of the ground immediately surrounding the structure, exclusive of any
artificial embankment or entrenchment;
(h)
"floor area" means the total area of all floors in a building measured to the outside
face of exterior walls;
(i)
"frontage" means the horizontal distance between side lot lines measured at the
building line;
(j)
"lot" means a plot, tract or parcel of land which can be considered as a unit of
land for a particular use or building;
(k)
"lot area" means the total horizontal area within the lines of the lot;
(l)
"lot coverage" means the combined area of all building on a lot measured at the
level of the lowest floor above the established grade and expressed as a percentage of the total
area of the lot;
(m)
"non-conforming use" means a legally existing use that is not .listed as a
permitted or discretionary use for the use zone in which it is located or which does not meet the
development standards for that use zone;
(n)
"owner" means a person or an organization of persons owning or having the legal
right to use the land under consideration;
(o)
"permitted use" means a use that is listed within the permitted use classes set out
in the use zone tables of an authority's development regulations;
(p)
"prohibited use" means a use that is not listed in a use zone within the permitted
use classes or discretionary use classes or a use that an authority specifies as not permitted within
a use zone;
(q)
"sign" means a word, letter, model, placard, board, device or representation,
whether illuminated or not, in the nature of or employed wholly or in part for the purpose of
advertisement, announcement or direction and excludes those things employed wholly as a
memorial, advertisements of local government, utilities and boarding or similar structures used
for the display of advertisements;
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SCHEDULE E MINISTERIAL DEVELOPMENT REGULATIONS
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Schedule E - Page 4
(r)
"rear yard depth" means the distance between the rear lot line and the rear wall of
the main building on a lot;
(s)
"side yard depth" means the distance between the side lot line and the nearest side
wall of a building on the lot;
(t)
"street" means a street, road, highway or other way designed for the passage of
vehicles and pedestrians and which is accessible by fire department and other emergency
vehicles;
(u)
"street line" means the edge of a street reservation as defined by the authority
having jurisdiction;
(v)
"use" means a building or activity situated on a lot or a development permitted on
a lot;
(w)
"use zone" or "zone" means an area of land including buildings and water
designated on the zoning map to which the uses, standards and conditions of a particular use
zone table apply;
(x)
"variance" means a departure, to a maximum of 10% from the yard, area, lot
coverage, setback, size, height, frontage or any other numeric requirement of the applicable Use
Zone Table of the authority's regulations; and
(y)
"zoning map" means the map or maps attached to and forming a part of the
authority's regulations.
(2)
An authority may, in its discretion, determine the uses that may or may not be
developed in a use zone and those uses shall be listed in the authority's regulations as
discretionary, permitted or prohibited uses for that area.
Notice of right to appeal
5.
Where an authority makes a decision that may be appealed under section 42 of the
Act, that authority shall, in writing, at the time of making that decision, notify the person to
whom the decision applies of the
(a)
person's right to appeal the decision to the board;
(b)
time by which an appeal is to be made;
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SCHEDULE E MINISTERIAL DEVELOPMENT REGULATIONS
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Schedule E - Page 5
(c)
right of other interested persons to appeal the decision; and
(d)
manner of making an appeal and the address for the filing of the appeal.
Appeal requirements
6.
(1) The secretary of the board at the Department of Municipal and Provincial
Affairs, Main Floor, Confederation Building (West Block), P.O. Box 8700, St. John's, Nfld.,
A1B 4J6 is the secretary to all boards in the province and an appeal filed with that secretary
within the time period referred to in subsection 42(4) of the Act shall be considered to have been
filed with the appropriate board.
(2)
Notwithstanding subsection (1), where the City of Corner Brook , City of Mount
Pearl or City of St. John's appoints an appeal board under subsection 40(2) of the Act, an appeal
shall be filed with the secretary of that appointed board.
(3)
The fee required under section 44 of the Act shall be paid to the board that hears
the decision being appealed by filing it with the secretary referred to in subsection (1) or (2)
within the 14 days referred to in subsection 42(4) of the Act.
(4)
The board that hears the decision being appealed shall, subject to subsection 44(3)
of the Act, retain the fee paid to the board.
(5)
Where an appeal of a decision and the required fee is not received by a board in
accordance with this section and Part VI of the Act, the right to appeal that decision shall be
considered to have been forfeited.
Appeal registration
7.
(1) Upon receipt of an appeal and fee as required under the Act and these
regulations, the secretary of the board as referred to in subsections 6(1) and (2), shall
immediately register the appeal.
(2)
Where an appeal has been registered the secretary of the board shall notify the
appropriate authority of the appeal and shall provide to the authority a copy of the appeal and the
documentation related to the appeal.
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SCHEDULE E MINISTERIAL DEVELOPMENT REGULATIONS
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Schedule E - Page 6
(3)
Where an authority has been notified of an appeal that authority shall forward to
the appropriate board a copy of the application being appealed, all correspondence, council
minutes, plans and other relevant information relating to the appeal including the names and
addresses of the applicant and other interested persons of whom the authority has knowledge.
(4)
Upon receipt of the information under subsection (3), the secretary of the board
shall publish in a newspaper circulated in the area of the appropriate authority, a notice that the
appeal has been registered.
(5)
A notice published under subsection (4) shall be published not fewer than 2 weeks
before the date upon which the appeal is to be heard by the board.
Development prohibited
8.
(1) Immediately upon notice of the registration of an appeal the appropriate
authority shall ensure that any development upon the property that is the subject of the appeal
ceases.
(2)
Sections 102 and 104 of the Act apply to an authority acting under subsection (1).
(3)
Upon receipt of a notification of the registration of an appeal with respect to an
order under section 102 of the Act, an authority shall not carry out work related to the matter
being appealed.
Hearing notice and meetings
9.
(1) A board shall notify the appellant, applicant, authority and other persons
affected by the subject of an appeal of the date, time and place for the appeal not fewer than 7
days before the date scheduled for the hearing of the appeal.
(2)
A board may meet as often as is necessary to conduct its work in an expeditious
manner.
Hearing of evidence
10.
(1) A board shall meet at a place within the area under its jurisdiction and the
appellant and other persons notified under subsection 9(1) or their representative may appear
before the board and make representations with respect to the matter being appealed.
(2)
A board shall hear an appeal in accordance with section 43 of the Act and these
regulations.
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SCHEDULE E MINISTERIAL DEVELOPMENT REGULATIONS
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Schedule E - Page 7
(3)
A written report submitted under subsection 43(2) of the Act respecting a visit to
and viewing of a property shall be considered to have been provided in the same manner as
evidence directly provided at the hearing of the board.
(4)
In the conduct of an appeal hearing, the board is not bound by the rules of
evidence.
Board decision
11.
A decision of the board must comply with the plan, scheme or development
regulations that apply to the matter that has been appealed to that board.
Variances
12.
(1) Where an approval or permit cannot be given by an authority because a
proposed development does not comply with development standards set out in development
regulations, an authority may, in its discretion, vary the applicable development standards to a
maximum of 10% if, in the authority's opinion, compliance with the development standards
would prejudice the proper development of the land, building or structure in question or would
be contrary to public interest.
(2)
An authority shall not allow a variance from development standards set out in
development regulations if that variance, when considered together with other variances made or
to be made with respect to the same land, building or structure, would have a cumulative effect
that is greater than a 10% variance even though the individual variances are separately no more
than 10%.
(3)
An authority shall not permit a variance from development standards where the
proposed development would increase the non conformity of an existing development.
Notice of variance
13.
Where an authority is to consider a proposed variance, that authority shall give
written notice of the proposed variance from development standards to all persons whose land is
in the immediate vicinity of the land that is the subject of the variance.
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SCHEDULE E MINISTERIAL DEVELOPMENT REGULATIONS
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Schedule E - Page 8
Residential non conformity
14.
A residential building or structure referred to in paragraph 108(3)(g) of the Act
must, where being repaired or rebuilt, be repaired or rebuilt in accordance with the plan and
development regulations applicable to that building or structure.
Notice and hearings on change of use
15.
Where considering a non conforming building, structure or development under
paragraph 108(3)(d) of the Act and before making a decision to vary an existing use of that
nonconforming building, structure or development, an authority, at the applicant's expense, shall
publish a notice in a newspaper circulating in the area or by other means give public notice of an
application to vary the existing use of a non-conforming building, structure or development and
shall consider any representations or submissions received in response to that advertisement.
Non-conformance with standards
16.
Where a building, structure or development does not meet the development
standards included in development regulations, the building, structure or development shall not
be expanded if the expansion would increase the non-conformity and an expansion must comply
with the development standards applicable to that building, structure or development.
Discontinuance of non-conforming use
17.
An authority may make development regulations providing for a greater period of
time than is provided under subsection 108(2) of the Act with respect to the time by which a
discontinued non-conforming use may resume operation.
Delegation of powers
18.
An authority shall, where designating employees to whom a power is to be
delegated under subsection 109(3) of the Act, make that designation in writing.
Commencement
19.
These regulations shall be considered to have come into force on January
Town of Badger
Development Regulations 2015-25
Schedule F - Provincial Policy for
Floodplain Management
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SCHEDULE F PROVINCIAL POLICY FOR FLOODPLAIN MANAGEMENT
______________________________________________________________________________
Schedule F - Page 1
Policy for Flood Plain Management
POLICY DIRECTIVE
Division:
Water Resources
Management
P.D.
W.R. 96-1
Prepared By:
Amir Ali Khan, P. Eng
Issue Date:
May 13, 1996
Approved By:
Haseen Khan
Director
Re-Issue Date:
March 19, 2014
Approved By:
Martin Goebel
ADM
Review Date:
Authorized By:
Jamie Chippett
DM
Superseded:
Joan Shea
Minister
Cancelled:
Subject:
Flood Plain Management
1.0 INTRODUCTION
Land use within flood plains involves trade offs between flood risk and
development. Flood risk takes the form of danger to health and safety, financial
costs associated with property damage and degradation of water resources and the
environment. Some factors associated with flood risk such as flow velocity,
upstream inundation, erosion potential or environmental impacts may be severe.
Consequently, new land development should therefore be restricted or prohibited.
However, where conditions are not as severe, some types of development and land
use may occur safely provided certain terms and conditions apply.
2.0 OBJECTIVES
- to prevent loss of human life and avoid personal hardships,
- to minimize flood damage to properties, infrastructure and the environment,
- to restrict activities which would degrade water resources,
- to maintain the natural capability of waterways to convey flood flows,
- to minimize disruption of transportation, social and business activity, and,
- to minimize costs to the taxpayers of Newfoundland and Labrador.
The unwise development of land in flood plains has historically taken place in many
areas of the province probably due to a natural tendency for settlers to utilize land
that is near bodies of water. Unfortunately, the potential for flooding is often
recognized only after it is too late. The basic operating premise of this policy is that
these problems will not materialize if development takes place in a manner that
does not place it at any risk of flooding.
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The policy will address Crown land, developed land and undeveloped land. Where
lands that are subject to periodic flooding are still directly owned by the Crown,
those lands will not be transferred to private developers or municipalities. However,
where land is already alienated, it is necessary to determine the risk of flooding and
to discourage potential development by planning, zoning regulations and by
removing any economic advantages or subsidies that would otherwise encourage
such development. Finally, where development has already taken place or cannot
be avoided, policy is intended to minimize potential flood damage by ensuring that
flood proofing measures are implemented and that the development does not
further exacerbate the flooding problem by impeding flows or by unduly constricting
the flow channel. The policy also takes climate change into consideration.
3.0 BACKGROUND
Canada - Newfoundland Flood Damage Reduction Program
Under the Canada - Newfoundland Flood Damage Reduction Program, both
governments agreed that public funds would not be used or provided for
development projects in flood risk areas. To identify these areas, hydrotechnical
studies were carried out for 37 communities in the province. Without exception, the
main recommendation in each study was that the implementation of proper flood
plain management policies would minimize flood risk.
4.0 LEGISLATION
Water Resources Act, SNL 2002 cW-4.01, ("the Act") sections 30, 32, 33, 34, 35,
48, 64 and 90, the Lands Act SNL1991 CHAPTER 36 Section 7.
5.0 DEFINITIONS
Body of
Water
(Statutory definition from the Act) "body of water" means a surface or
subterranean source of fresh or salt water within the jurisdiction of the
province, whether that source usually contains liquid or frozen water or
not, and includes water above the bed of the sea that is within the
jurisdiction of the province, a river, stream, brook, creek, watercourse,
lake, pond, spring, lagoon, ravine, gully, canal, wetland and other flowing
or standing water and the land usually or at any time occupied by that
body of water;
Flood Plain
An area adjacent to a lake, river, seashore etc. which is inundated or
covered with water on average at least once in 100 years. Note that a
flood plain is considered to be an integral part of a body of water as
defined above because it includes "the land usually or at a time occupied
by that body of water" and "whether that source usually contains water or
not".
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Designated
Area
A specific flood plain in a community for which a hydrotechnical study has
determined the extent of flooding and for which flood risk maps are
available. The designation is in accordance with the Canada -
Newfoundland Flood Damage Reduction Program Agreements.
Floodway
The portion of a flood plain where the most frequent flooding occurs and
where the flow of water is fastest. This area is determined on the basis of
the 1 in 20 year (1:20) return period flood.
Floodway
Fringe
The portion of a flood plain where less frequent flooding occurs and where
the flow of water is considered to be tranquil. This area is where flooding
occurs up to 1 in 100 years (1:100) on average.
Climate
Change
Flood Zone
Based on extension of the floodway fringe, this is the area which is likely
to be impacted due to the latest forecasted affects of climate change.
Other
Flood Risk
Area
An area where flooding is known or has some probability to occur due to
unique or unusual circumstances such as areas subject to shoreline
recession, areas downstream of dams or areas adjacent to watercourses
potentially prone to ice jams.
Flood
Control
Area
An area that is subject to periodic flooding which has been designated (by
the Department) a control area in order to reduce the risks to public health
and safety and property damages. This area shall normally be treated as a
floodway zone (1:20), unless otherwise determined by the Department.
Buffer
Zone
A zone of land that is in its natural state and that is intended to separate
developed areas from bodies of water to provide basic protection of water
resources. This zone may coincide with a Crown land reservation of a
shoreline as prescribed by Section 7(1) of the Lands Act. In the absence of
specific setback requirements (depending on the activity) the buffer is
taken to be 15 metres measured from the high water mark which in turn is
understood to be the 1 in 100 year (1:100) high water mark or the
Climate Change Flood Zone, where they have been identified.
Coastal
Area
The interface or transition area where the land meets the sea/ocean or
large inland lakes. The coastal area can be flooded due to storm surges,
high tides or waves, erosion, rising sea level, or reclaimed land.
6.0 POLICIES
6.01 Development Requires Written Approval
Development in a designated flood risk area, development in a flood plain and
development in a climate change flood zone shall be subject to the prior written
approval of the Minister of Environment and Conservation (the "Minister") in
accordance with the Act.
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6.02 Project Categories
In general it is the policy of the Department of Environment and Conservation ("the
Department") that flood plains and the buffer zone be preserved and left in their
natural state. Recognizing that this is an ideal that would hinder significant benefits
that could be derived from certain development in a flood plain and outweigh all
risk of loss, damage or peril, this policy for flood plain management views any
application to avail of land in flood risk areas in decreasing order of preference.
These preferences are referred to hereafter as project categories.
1.
Temporary alterations in a buffer zone, a climate change flood zone, a
designated floodway fringe, a flood plain, a designated floodway, and
lastly, the body of water itself.
2.
Non-structural uses such as open space recreation, pasture, and wildlife
habitat enhancement.
3.
Structures related to use of water resources such as wharves, slipways,
boathouses, pumping stations, storm or sewerage discharges.
4.
Minor structural or other projects where only soil disturbance is involved
such as constructed trails, pipelines, transmissions lines, roads, etc.,
assuming there will be no change in the grade of the land.
5.
Other structures not used primarily for residential, commercial,
industrial or institutional purposes where there will be a change in grade
but not a building.
6.
Industrial uses related to the marine shipping or fishing industries.
7.
Other industrial and commercial development.
8.
Institutional developments such as hospitals, senior citizens homes, homes
for special care or schools where flooding could pose a significant threat
should evacuation become necessary.
9.
Residential and other institutional development.
6.03 Hydraulic Structures
A special class of structures which includes most hydraulic structures such as dams,
bridges, causeways, dykes, canals etc., are by their own needs and characteristics
constructed in buffer zones and flood plains and consequently, no preference can be
assigned. However, such structures are the subject of the Act and every effort must
be made to ensure that such structures do not adversely affect the capability of the
body of water to convey flow. In the case of dams, new areas of flooding and the
impact of that flooding must be fully assessed by the proponent.
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6.04 Project Classifications
Table 1 below indicates whether not project categories are permitted in each of the
defined flood plains.
Category
All Flood
Plains
Where Flood Plains are Designated
Floodway
(1:20 year Zone)
Floodway Fringe
(1:100 year Zone)
Climate
Change
Flood Zone
Temporary
alterations
Permitted
Permitted
Permitted
Permitted
Non-
structural
uses
Permitted
Permitted
Permitted
Permitted
Structures
related to
use of water
resources
Permitted
Permitted
Permitted
Permitted
Minor
structural or
other
projects
Permitted
Permitted
with conditions*
Permitted
with conditions*
Permitted
with
conditions*
Other
structures
not used
primarily for
residential
Permitted
with
conditions
*
Permitted
with conditions*
Permitted
with conditions*
Permitted
with
conditions*
Industrial
Uses related
to shipping
(marine only)
Permitted
with
conditions
*
Permitted
with conditions*
Permitted
with conditions*
Permitted
with
conditions*
Other
industrial
and
commercial
Not
Permitted
Permitted
with conditions**
Permitted
with conditions*
Permitted
with
conditions*
Institutional
Not
Permitted
Not Permitted
Not Permitted
Not
Permitted
Residential
and other
institutional
Not
Permitted
Not Permitted
Permitted
with conditions*
Permitted
with
conditions*
Hydraulic
Structures
Permitted
Permitted
Permitted
Permitted
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* - See Section 6.05 for special terms and conditions related to necessary flood
proofing measures.
** - See Section 6.06 for special terms and conditions related to necessary flood
proofing measures.
Note: All permits contain standard terms and conditions.
6.05 Projects Permitted Where Flood Plains Are Designated
In Table 1 where projects may be permitted with conditions, the following
conditions will apply:
i.
the ground floor elevation of the structure is higher than the 1:100 year flood
level and the climate change flood zone (where designated), and,
ii.
the structure will not interfere with the flow of water or displace water such
that it creates a worse flooding situation for other properties, and,
iii.
the structure and the associated utilities must be designed and constructed in
accordance with the approved flood proofing guidelines of the Department
and entrances and exits from the building can be safely used without
hindrance in the event of a flood, and,
iv.
the proposed use of the facility and site will not involve any storage of
pollutants such as fuels, chemicals, pesticides etc., and,
v.
additional conditions which may be appropriate for specific projects and
included in a permit issued under Section 48 of the Act.
6.06 Projects Permitted in Coastal Floodway Where Flood Plains Are Designated
In order to accommodate tourism activities in coastal areas, such as eateries,
attractions, tourist information booths, tour headquarters etc., in Table 1 if the
floodway (1:20 year zone) flooding in a coastal community is primarily due to
backwater effects of the ocean and extreme high tides and consequently the flow
velocities in the floodway are low, the following conditions will apply:
i.
only a tourism related structure and the associated utilities are permitted.
The tourism related structures and the associated utilities does not include
accommodations such as motels or hotels, and,
ii.
the tourism related structure and the associated utilities would not be eligible
for flood disaster compensation, and,
iii.
the ground floor elevation of the structure is higher than the 1:100 year flood
level and the climate change flood zone (where designated), and,
iv.
the structure will not interfere with the flow of water or displace water such
that it creates a worse flooding situation for other properties, and,
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v.
structure and the associated utilities must be designed and constructed in
accordance with the approved flood proofing guidelines of the Department
and entrances and exits from the building can be safely used without
hindrance in the event of a flood, and,
vi.
the proposed use of the facility and site will not involve any storage of
pollutants such as fuels, chemicals, pesticides etc., and,
vii.
additional conditions which may be appropriate for specific projects and
included in a permit issued under Section 48 of the Act.
6.07 Additions and Modifications to Existing Development
Additions, modifications, enhancements and improvements to existing structures
where there is an increase in the floor area within the flood plain, will be assessed
for suitability in the same way as the project category as a whole.
6.08 Use of Flood Risk Mapping in Municipal Plans
Where flood risk mapping has been prepared for a community (or any city, town or
area) the information in the flood risk maps must be incorporated in the Municipal
Plan (if one exists) and the flood risk areas must be zoned so as to permit only
those project categories specified by this policy. In the absence of official flood risk
mapping, communities will be encouraged to determine flood risk areas in
accordance with this Department's standard hydrotechnical methods for delineating
flood risk zones and to zone those lands in accordance with this policy. Failing this,
communities will be encouraged to at least make provisions in planning documents
for minimum setbacks from watercourses to provide some margin of safety and to
recognize potential flood susceptibility.
6.09 Eligibility for Flood Disaster Assistance
Any vulnerable development placed in a flood plain or designated flood risk area
after the designation and not in conformance with this policy or without approval as
required by this policy, would not be eligible for flood disaster compensation if such
a program of compensation were to become available through government. This
policy provision does not apply to any development lawfully established in a flood
plain prior to designation.
6.10 Use of Flood Disaster Compensation
In the event that compensation by government is awarded to flood victims, it will
be the policy of this Department to encourage victims to apply the compensation
towards relocating rather than replacing or repairing damaged property in situ. If it
is deemed acceptable by this Department to repair or replace damaged property in
flood risk areas, then it will be required that the compensation be used firstly for
appropriate flood proofing measures.
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6.11 Flood Insurance
Persons living or carrying out business in flood risk areas may not be able to
purchase flood insurance and if available it may be very expensive. It is therefore
recommended that those who are located in flood risk areas carry out flood proofing
measures and have an emergency plan available.
6.12 Flood Control Projects
Proposals for flood control measures such as construction of dykes, river diversions,
retaining walls or flood control dams will only be considered where the alternative
with the highest benefit/cost ratio is recommended. Alternatives considered may
also include possible compensation for flood victims or the cost of relocating the
inhabitants of the flood risk areas or maintaining the status quo.
After flood controls have been implemented, flood risk designations shall remain in
effect until such time as new hydrotechnical studies have been undertaken and new
flood risk areas delineated (in accordance with the Departments standards).
6.13 Role of Water Resources Management Division
The Water Resources Management Division of this Department will continue as the
lead agency with respect to flood plain management. This role will include but is not
limited to:
i.
Evaluating all applications for approval under section 48 of the Act and
making the appropriate recommendations in accordance with this policy.
ii.
Carrying out hydrotechnical studies, flood risk analyses and mapping to the
extent possible with limited funds provided.
iii.
Continuing to monitor areas of flood risk such as Badger, Deer Lake and
Steady Brook to provide flood warning and flood status reports.
iv.
Providing to the public information, data, maps, guidelines for flood proofing
and other materials that will be useful in reducing flood damage.
v.
Providing technical expertise and assisting Fire and Emergency Services -
Newfoundland and Labrador in the event of a flood emergency.
vi.
Continue with the ability to forecast flooding using computer models and real
time data.
6.14 Offences
A municipal authority or person that unlawfully alters a body of water by carrying
out any development in a designated flood risk area or a flood plain without written
approval from the Minister, thereby violates section 48 of the Act and commits an
offence contrary to section