Town of Baie Verte Development Regulations 2022-2032
Baie Verte, Newfoundland and Labrador
· No. 2022-2032
· adopted 2022-09-08
· summary & facts
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CONTACT INFORMATION
100 Le Marchant Road, St. John's, NL AlC 2H2
P. 709.738.2500 F. 709.738.2499
tractconsulting.com
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THE TOWN OF BAIE VERTE
RESOLUTION TO APPROVE
DEVELOPMENT REGULATIONS, 2022-2032
Under the authority of section 16, section 17 and section 18 of the Urban and Rural Planning Act 2000,
the Town Council of Baie Verte:
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adopted the Development Regulations for the Town of Baie Verte on the 8th day of September,
2022;
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Gave notice of a public hearing by advertising with a poster on Town webpage (September 12),
Facebook page {September 12, 21 and 24 and October 14) and the poster was put up at the
Town Hall, Post Office, Coop and Copperstop stores, setting the date of October 21st, 2022 for
the submissions for the Public Hearing Commissioner as per the Department of Municipal and
Provincial Affairs directive regarding non-physical public hearings during COVID-19.
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set the 21st day of October, 2022 for the submissions for the Public Hearing Commissioner as
per the Department of Municipal and Provincial Affairs directive regarding non-physical public
hearings during COVID-19.
Now under the authority of Section 23 of the Urban and Rural Planning Act 2000, the Town Council of
Baie Ve rte approves the Development Regulations for the Town of Baie Ve rte as adopted (or as
amended as follows).
SIGNED AND SEALED this L
day of '-iJe C . , 2022.
Mayor:
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/6 fN.-k,,u\~
Town Clerk:
~/JJ
Development Regulations/ Amendment
REGISTERED
Number
p I] o- 9:-0~~ - 0 000
Date
"Lf MI>( R.v" z.e,-3,
Signature ~~
(Council Seal)
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TOWN OF BAIE VERTE
RESOLUTION TO ADOPT
MUNICIPAL PLAN, 2022-2032
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Town Council of Town
of Baie Verte adopts the Town of Baie Verte Municipal Plan.
Adopted by the Town Council of the Town of Baie Verte on the 8th day of September, 2022.
Signed and sealed this d I
day of Lf.lec . , 2022.
Mayor:
Town Clerk:
(Council Seal)
CANADIAN INSTITUTE OF PLANNERS CERTIFICATION
I certify that the attached Municipal Plan has been prepared in accordance with the requirements of the
Urban and Rural Planning Act, 2000.
Member, Canadian Institute of Planners (MCIP)
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TABLE OF CONTENTS
1.0
AUTHORITIES AND RESPONSIBILITIES ........................................................................................................ 1
1.1
APPLICATION .................................................................................................................................................... l
1.2
COMPLIANCE WITH STATUTES, REGULATIONS, POLICY AND GUIDELINES ..............-......................................................... 1
1.3
AMENDMENT TO DEVELOPMENT REGULATIONS ............................................-......................................................... 1
1.4
LEGAL EFFECT ................................................................................................................................................... 2
1.5
DELEGATION OFAUTHORl1Y FOR IMPLEMENTATION OF DEVELOPMENT REGULATIONS .................................................... 2
2.0
ADMINISTRATION OF THE REGULATIONS .................................................................................................. 3
2.1
WHEN IS A PERMIT REQUIRED ...................................................................................................................... 3
2.2
APPLICATION FOR A PERMIT ....................................................................................................................... .4
2.2.1
Who can apply and how .......................................................................................................................... 4
2.2.2
Application Requirements for all Applications ......................................................................................... 4
2.2.3
Application Information Requirements for Discretionary Uses ................................................................ 5
2.2.4
Application Information Requirements for Planned Unit Developments ................................................. 5
2.3
VARIANCES, NON-CONFORMING USES & NON·CONFORMING DEVELOPMENT STANDARDS, AND
DEVELOPMENT REGULATION AMENDMENTS ........................................................................................................... 7
2.3.1
Variances ................................................................................................................................................. 7
2.3.2
Non·Conforming Uses or Non-Conforming Development ........................................................................ 7
2.3.3
Amendment to Development Regulations ............................................................................................... 9
2.4
COUNCIL DECISION-MAKING ...................................................................................................................... 10
2.4.1
2.4.2
2.4.3
2.4.4
2.4.5
2.4.6
2.4.7
Discretionary Decision-making Powers of Council ................................................................................. 10
Timely Decision-making ......................................................................................................................... 10
Deferment of Application: ...................................................................................................................... 10
Public Notice (Refer to Ministerial Development Regulations, Sections 13&15} ................................... 11
Briefing Sessions .................................................................................................................................... 11
Approval in Principle .............................................................................................................................. 12
Approval of Development Permit. .......................................................................................................... 13
2.4.8
Permit responsibilities of the applicant. ................................................................................................. 13
2.4.9
Temporary Use Permit ........................................................................................................................... 13
2.4.10 Correction of Errors and Remedial Work ............................................................................................... 14
2.4.11 Revoke Permit ........................................................................................................................................ 14
2.4.12 Fee for Permit ........................................................................................................................................ 14
2.4.13 Written Reasons for Refusing a Permit or Setting Conditions on a Permit ............................................ 14
2.4.14 Refusal: Premature development ......................................................................................................... 14
2.4.15 Appeal .................................................................................................................................................... 14
2.4.16 Register .................................................................................................................................................. 15
2.5
SPECIAL REQUIREMENTS FOR DEVELOPMENT ........................................................................................... 15
2.5.1
Development Agreement ....................................................................................................................... 15
2.5.2
Planning Impact Analysis ....................................................................................................................... 15
2.5.3
Financial Guarantees by Developer ....................................................................................................... 16
2.5.4
2.5.5
2.5.6
2.6
2.6.1
2.6.2
Service Levy ............................................................................................................................................ 16
Require land Conveyed for Public Work Purpose .................................................................................. 16
Restoration of Land ................................................................................................................................ 16
ENFORCEMENT AUTHORITY ....................................................................................................................... 17
Delegation of Authority ......................................................................................................................... 17
Right of Entry ......................................................................................................................................... 17
2.6.3
Enforcement Authorities ........................................................................................................................ 18
3.0
LAND USE ZONES ..................................................................................................................................... 19
3.1
INTERPRETATION OF LAND USE ZONING AND DEVELOPMENT STANDARDS .............................................. 19
3.1.1
Land Use Zones ...................................................................................................................................... 19
3.1.2
Land Use Zone Tables: Permitted and Discretionary uses ..................................................................... 19
3.1.2.1 Permitted Uses ....................................................................................................................................... 20
3.1.2.2 Discretionary Uses ................................................................................................................................. 20
3.1.3
Accessory Uses and Accessory Building ................................................................................................. 20
3.1.4
Uses Not Permitted ................................................................................................................................ 20
3.1.5
Uses Permitted in All Land Use Zones .................................................................................................... 20
3.1.6
Development Requirements ................................................................................................................... 21
3.2
LAND USE ZONES ......................................................................................................................................... 22
3.2.1
Residential Low Density ......................................................................................................................... 22
3.2.2
Residential Medium Density .................................................................................................................. 24
3.2.3
Residential Compact .............................................................................................................................. 26
3.2.4
Residential Comprehensive Development Area ..................................................................................... 28
3 .. 2.5
Mixed Zone ............................................................................................................................................ 30
3.2.6
Public/lnstitutional ................................................................................................................................. 31
3.2. 7
Commercial General .............................................................................................................................. 32
3.2.8
Town Centre ........................................................................................................................................... 33
3.2.9
Industrial General .................................................................................................................................. 34
3.2.10 Industrial-Mining ................................................................................................................................... 35
3.2.11 Waterfront ............................ , ................................................................................................................ 36
3.2.12 Rural Zone .............................................................................................................................................. 37
3.2.13 Environmental Protection ...................................................................................................................... 38
3.2.14 Open Space, Parks and Trails ................................................................................................................ .39
3.2.15 Protected Water Supply ......................................................................................................................... 40
3.2.16 Urban/Rural Buffer Zone ........................................................................................................................ 41
4.0
LAND USE DEFINITIONS AND REGULATIONS ........................................................................................... 43
4.1
INTERPRETATION ....................................................................................................................................... 43
4.2
AGRICULTURE LAND USE CLASS ................................................................................................................ .43
4.2.1
Commercial Agriculture ........................................................................................................................ .43
4.2.2
Urban Agriculture .................................................................................................................................. 44
4.2.2.1
General Conditions ....................................................................................................................................... 44
4.2.2.2
4.2.2.3
Community Garden ....................................................................................................................................... 44
Keeping of Animals ....................................................................................................................................... 44
4.2.2.4
Kennel ........................................................................................................................................................... 45
4.2.2.5 Hobby Farm .......................................................................................................................................................... 45
4.3
COMMERCIAL LAND USE CLASS .................................................................................................................. 45
4.3.1
Amusement Establishment/Use ............................................................................................................. 45
4.3.2
Amusement Park/Attraction .................................................................................................................. 46
4.3.3
Auto Body Shop: ..................................................................................................................................... 46
4.3.4
Automotive Repair Shop ........................................................................................................................ 46
4.3.5
Automotive Sales and Service Establishment ....................................................................................... .47
4.3.6
Bar/Licensed Liquor Establishment ........................................................................................................ 47
4.3.7
Building Supply Store ............................................................................................................................ .48
4.3.8
Business Support Service ....................................................................................................................... .48
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4.3.9
Campground, including RV campgrounds .............................................................................................. 48
4.3.10 Child Care - Non-residential {Note: residential child care is under Home Business) ............................. 49
4.3.11 Club and Lodge ...................................................................................................................................... 49
4.3.12 Contractor, Limited (Small) .................................................................................................................... 50
4.3.13 Convenience Store .................................................................................................................................. 50
4.3.14 Custom Manufacturing Service and Sales (small/artisan) ..................................................................... 51
4.3.15 Garage, Public parking /taxi stand ........................................................................................................ 51
4.3.16 General Service/Repair Shop .................................................................................................................. 51
4.3.17 Hotel or Inn ............................................................................................................................................ 51
4.3.18 Marina ................................................................................................................................................... 52
4.3.19 Medical or Dental Clinic/Office .............................................................................................................. 53
4.3.20 Motel ...................................................................................................................................................... 53
4.3.21 Outdoor Commercial Patio .................................................................................................................... 53
4.3.22 Outdoor Market ..................................................................................................................................... 54
4.3.23 Personal Service ..................................................................................................................................... 54
4.3.24 Offices: Professional, Financial and Associated Support Services .......................................................... 55
4.3.25 Resort- Tourist Establishment .............................................................................................................. 55
4.3.26 Restaurants ............................................................................................................................................ 55
4.3.26.1
Drive-Through and Take-Out ........................................................................................................................ 55
4.3.26.2
Full-Service Restaurant ................................................................................................................................. 56
4.3.26.3
Mobile Take-Out or Street Vendor ............................................................................................................... 56
4.3.27 Retail ...................................................................................................................................................... 57
4.3.28 Shopping Centres/ Retail Warehouse/Strip Mall: .................................................................................. 57
4.3.29 Service Station ....................................................................................................................................... 57
4.3.29.1
Service Station - Resident ial ......................................................................................................................... 58
4.3.29.2
Service Station -Highway .............................................................................................................................. 58
4.3.30 Veterinarian Clinic .................................................................................................................................. 58
4.3.31 Mobile Street Vendor (non-food) or office ............................................................................................. 59
4.3.32 Hostel ....................................................................................................................................................... 59
4.4
INDUSTRIAL LAND USE CLASS ..................................................................................................................... 60
4.4.1
Aquaculture Facility ............................................................................................................................... 60
4.4.2
Crematorium .......................................................................................................................................... 60
4.4.3
Composting Facility ................................................................................................................................ 60
4.4.4
Contractor, General ............................................................................................................................... 61
4.4.5
Energy Generation Facilities .................................................................................................................. 61
4.4.5.1
General Conditions ....................................................................................................................................... 61
4.4.5.2
Wind Turbines ............................................................................................................................................... 61
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4.4.6
Fishery Use ............................................................................................................................................. 62
4.4. 7
Forestry Activities ................................................................................................................................... 62
4.4.8
Industrial- General ................................................................................................................................ 63
4.4.9
Industrial - Heavy And/or Hazardous .................................................................................................... 64
4.4.10 Industrial - Light ..................................................................................................................................... 64
4.4.11 Industrial Mall ........................................................................................................................................ 65
4.4.12 Mineral Exploration ............................................................................................................................... 65
4.4.13 Mineral Working .................................................................................................................................... 66
4.4.14 Mining .................................................................................................................................................... 68
4.4.15 Natural Resource-Related Uses .............................................................................................................. 69
4.4.16 Salvage/Scrap Yard ................................................................................................................................ 69
4.4.17 Solid Waste Recycling/Disposal and Composting Site ........................................................................... 70
4.5
CONSERVATION LAND USE CLASS .............................................................................................................. 71
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4.5.1
Environmental Protection ...................................................................................................................... 71
4.5.2
Open Space, Parks and Trails ................................................................................................................. 71
4.6
PUBLIC/INSTITUTIONAL LAND USE CLASS .................................................................................................. 72
4.6.1
Cemetery ................................................................................................................................................ 72
4.6.2
Institutional Use ..................................................................................................................................... 72
4.6.3
Protective and Emergency Services ........................................................................................................ 73
4.6.4
Public Gathering Places -Indoor ............................................................................................................. 73
4.6.5
Public Gathering Places - Outdoor ......................................................................................................... 74
4.6. 6
Sports and Recreation Facilities ............................................................................................................. 75
4.7
RESIDENTIAL LAND USE CLASS .................................................................................................................... 75
4.7.1
Single Detached Dwelling ...................................................................................................................... 75
4. 7.2.
Semi-Detached Dwelling (Double dwelling) ........................................................................................... 75
4.7.3
Townhouses .......................................................................................................................................... 76
4.7.4
Apartment Building ................................................................................................................................ 76
4. 7.5
Cottage .................................................................................................................................................. 76
4.7.6
Mini-Home ............................................................................................................................................. 77
4. 7. 7 Mobile Home .............................................................................................................................................. 77
4. 7.8
Tiny Homes ............................................................................................................................................ 78
4. 7.9
Non-Market Housing ............................................................................................................................. 79
4.7.9.1 Assisted Living, Residential or Personal care home ........................................................................................... 79
4.7.9.2
Non-profit housing: ............................................................................................................................................ 79
4.7.9.3 Supportive housing: ............................................................................................................................................ 79
4.8
PUBLIC INFRASTRUCTURE AND UTILITIES ................................................................................................... 80
4.8.1
Communications .................................................................................................................................... 80
4.8.2
Easement ............................................................................................................................................... 80
4.8.3
Utilities ................................................................................................................................................... 80
4.8.4
Municipal Drinking Water Treatment Faci/ity ........................................................................................ 81
4.8.5
Municipal wastewater (sewer) treatment facility ................................................................................. 81
5.0
ACCESSORY USES & ACCESSORY BUILDINGS AND HOME BUSINESSES ..................................................... 83
5.1
ACCESSORY USES ........................................................................................................................................ 83
5.1.1
5.1.2
5.1.3
5.1.4
5.1.5
5.1.6
5.2
5.2.1
5.2.2
General accessory Uses .......................................................................................................................... 83
Subsidiary Apartments ........................................................................................................................... 83
Satellite Dish - Residential ...................................................................................................................... 84
Satellite Dish - Commercial .................................................................................................................... 84
Outdoor Storage .................................................................................................................................... 84
Domestic (movable} sawmill .................................................................................................................. 85
ACCESSORY BUILDINGS .............................................................................................................................. 85
Accessory Buildings - General ............................................................................................................... 85
Accessory Buildings - Residential Use Classes ........................................................................................ 85
5.2.3
Accessory Buildings - Non-Residential ................................................................................................... 86
5.2.3.1
General ......................................................................................................................................................... 86
5.2.3.2
Trailers .......................................................................................................................................................... 87
5.2.3.3
Wharf/Boat house/Slipway/Breakwater ........................................................................................................ 87
5.3
HOME BUSINESS IN THE RESIDENTIAL LAND USE CLASS .......................................................................................... 88
5.3.1
General Home Business ......................................................................................................................... 88
5.3.2
Development Conditions for Specific Home Businesses ......................................................................... 90
5.3.2.1
Bed and Breakfast ......................................................................................................................................... 90
5.3.2.2
5.3.2.3
Boarding House ............................................................................................................................................. 91
Day Care: Residential .................................................................................................................................... 91
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6.0
5.3.2.4
5.3.2.5
Short Term Rental (Airbnb) .............................................. , ............................................................................ 92
Parking for Home Business ........................................................................................................................... 92
GENERAL REGULATIONS .......................................................................................................................... 93
6.1
NUISANCE PROHIBITION & BUFFERS AND SEPARATION BETWEEN USES ................................................... 93
6.1.1
Prohibition on Nuisance, Dangerous or Unsightly Land Use/Development ........................................... 93
6.1.2
Buffers and Separation between uses .................................................................................................... 94
6.2
LOT AND BUILDING SITING ......................................................................................................................... 96
6.2.1
Lot Size Integrity .................................................................................................................................... 96
6.2.2
Unsubdivided Land ................................................................................................................................. 96
6.2.3
Lot Fronting on to a Publicly Maintained Road ................................................. : .................................... 96
6.2.4
Building Line and Setbacks (Refer to Appendix 1) .................................................................................. 97
6.2.5
Flanking or Corner lots and double fronting lots ................................................................................... 97
6.2.6
Side Yards and Confined lots .................................................................................................................. 97
6.2.7
Multiple Uses on One Lot ....................................................................................................................... 98
6.2.8
Civic numbering ..................................................................................................................................... 98
6.2.9
Building Orientation and Quality ........................................................................................................... 98
6.2.10 Heritage Building or Structure ............................................................................................................... 98
6.2.11 Sites with steep slopes (>15%) ............................................................................................................... 98
6.3
LANDSCAPING-GENERAL .......................................................................................................................... 99
6.4
MUNICIPAL SERVICES AND PUBLIC UTILITIES ........................................................................................... 100
6.4.1 Access and Streets .................................................................................................................................... 100
6.4.2
Storm Water Management. ................................................................................................................. 101
6.4.3
Effluents: .............................................................................................................................................. 101
6.4.4
On-Site Services (Wells and onsite sanitary sewer systems) ................................................................ 101
6.4.5
Environmental Investigations .............................................................................................................. 101
6.5
PARKING AND OFF-STREET LOADING ...................................................................................................... 101
6.5.1
Parking Standards ................................................................................................................................ 101
6.5.2
Designated Mobility Impaired Parking Spaces .................................................................................... 103
6.5.3
Off-Street Parking Requirements ......................................................................................................... 103
6.5.4
Off-Street Loading Requirements ........................................................................................................ 105
6.6.
SIGNS (ADVERTISEMENTS) ....................................................................................................................... 105
6.6.1
Permit Required ................................................................................................................................... 105
6.6.1.1
Signs/Advertisements Exempt from Control ............................................................................................... 105
6.6.1.2
Provincial Highway Sign Regulations, 1996 (under the Urban and Rural Planning Act, 2000) .................... 106
6.6.1.3
6.6.1.4
6.6.1.5
Application for Permit ................................................................................................................................. 106
Signs/Advertisements Prohibited in Street Reservation ............................................................................. 106
Permit Valid for Limited Period ................................................................................................................... 106
6.6.1.6
Removal of Signs/ Advertisements .............................................................................................................. 106
6.6.1.7
Approval Subject to Conditions ................................................................................................................... 107
6.6.1.8
Non-Conforming sign .................................................................................................................................. 107
6.6.2
Sign Standards for Residential zone ..................................................................................................... 107
6.6.2.1
Advertisements Relating to Onsite Uses ..................................................................................................... 107
6.6.2.2
Advertisements Relating to Offsite Uses on Local Roads ............................................................................ 107
6.7
PROVINCIAL, FEDERAL AND TOWN INTERESTS ........................................................................................ 108
6.7.1 Overlays on Land Use Zoning Maps ........................................................................................................ 108
6.7.2
Provincial and Federal lnterests ........................................................................................................... 109
7.0
SUBDIVISION OF LAND .......................................................................................................................... 113
7.1
SUBDIVISION STANDARDS ......................................................................................................................... 113
7.1.1
7.1.2
7.1.3
7.1.4
7.1.5
Permit Required ................................................................................................................................... 113
Public Notice ........................................................................................................................................ 113
Subdivision Subject to Zoning .............................................................................................................. 113
Subdivision design standards apply ..................................................................................................... 113
Subdivisions design standards do not apply ........................................................................................ 113
7.1.6
Development Permit Required ............................................................................................................. 114
7.1. 7
Subdivision Permit Subject to Considerations ...................................................................................... 114
7.1.8
Restriction on Sale of Lots .................................................................................................................... 114
7 .. 19
Building Permits Required .................................................................................................................... 114
7.1.10 Land for Park/Public Use in Subdivisions ............................................................................................. 115
7.1.11 Landscaping ......................................................................................................................................... 115
7.2
SUBDIVISION PERMIT REQUIREMENTS .................................................................................................... 115
7.2.1
Subdivision Development Agreement .................................................................................................. 115
7.2.2
Municipal Services to be Provided ....................................................................................................... 115
7.2.3
Groundwater Supply Assessment and Reporting ................................................................................. 115
7.2.4
Fees, Service Levies, and Development Charges .................................................................................. 116
7.2.4.1
Subdivision Fees .......................................................................................................................................... 116
7.2.4.2
Service Levies and Local Improvement Assessments .................................................................................. 116
7.2.4.3
Deposit of Securities ................................................................................................................................... 117
7.2.4.4
Land for Public Open Space ........................................................................................................................ 117
7.3
SUBDIVISION DESIGN STANDARDS ........................................................................................................... 118
7.4
SUBDIVISION ENGINEERING STANDARDS ................................................................................................ 119
7.4.1
Engineer to Design Works and Certify Construction Layout ................................................................ 119
7.4.2
Developer to Pay Engineer's Fees and Charges ................................................................................... 119
7.4.3
Street Works May Be Deferred ............................................................................................................ 119
7.4.4
Construction of Utilities ....................................................................................................................... 119
7.4.5
Structures in Street Reservation ........................................................................................................... 120
7.4.6
Transfer of Streets and Utilities to Council ........................................................................................... 120
7.4.7
Mini/mobile home park subdivision ..................................................................................................... 120
APPENDICES ...................................................................................................................................................... 121
APPENDIX 1: .......................................................................................................................................................... 123
INTERPRETATION OF TECHNICAL TERMS USED IN THE DEVELOPMENT REGULATIONS ......................................... 123
APPENDIX 2: MINISTER'S DEVELOPMENT REGULATIONS ..................................................................................... 130
APPENDIX 3 : LAND USE ZONING MAP ................................................................................................................... 139
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1.0
AUTHORITIES AND RESPONSIBILITIES
1.1
Application
These Development Regulations are binding on:
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all persons proposing to undertake a land use and/or development within the Municipal
Planning Area boundary, whether residents or non-residents; and,
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the Mayor and Councillors and their delegates as they make land use and development
decisions.
All development, including the subdivision/severance of land and change of use of land, carried out
within the Municipal Planning Area must have a permit issued by Council in accordance with the
Municipal Plan and these Development Regulations.
1.2
Compliance with statutes, regulations, policy and guidelines
Even though an applicant may receive a municipal permit, the applicant is responsible for ensuring
compliance with all relevant Federal and Provincial legislation, regulations, policies and guidelines prior
to commencing a land use or development approved under these Development Regulations. Council
may require proof of compliance prior to approval.
The applicant must undertake any requirements set out by the Town as conditions to approval of the
permit prior to the issuance of an occupancy permit.
The applicant is also responsible for ensuring compliance with all other Town regulations and policies.
The National Building Code, and associated codes, such as the Plumbing Code, the Fire Code, the
Electrical Code, the Life Safety Code, and any other ancillary code and other municipal regulations or
bylaws regulating or controlling the development, conservation, and use of land shall, under these
Regulations apply to the entire Municipal Planning Area.
1.3
Amendment to Development Regulations
An amendment to the text of the Development Regulations and/or the Land Use Zoning Map which
requires an associated amendment to the Plan must follow the amendment process set out in the Urban
and Rural Planning Act, 2000.
An amendment may be requested by any person and the associated costs are borne by that person. The
request shall be made to the Council (Section 27, the Urban and Rural Planning Act, 2000).
An amendment to the text of the Development Regulations and/or the Land Use Zoning Map which does
not requires an associated amendment to the Municipal Plan does not follow the full process set out in
Sections 14-25 of the Urban and Rural Planning Act, 2000 (Section 35 (5), the Urban and Rural Planning
Act, 2000) ; however, section 14 public consultation is required as part of the Council review process.
Council then must adopt the amendment by resolution of Council at a Regular Meeting of Council (open
to the public). The Amendment must be submitted in the required form to the Local Governance and
Land Use Planning Division for Registration.
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1.4
Legal Effect
Upon publication of the notice of registration of these Development Regulations in the Newfoundland
and Labrador Gazette, the previous Development Regulations are hereby repealed and replaced.
Similarly, for amendments, publication in the Newfoundland and Labrador Gazette is required before
they are in legal effect.
These Regulations may be cited as the "Town of Baie Verte Development Regulations 2022", prepared
under the authority of Section 35 of the Urban and Rural Planning Act, 2000.
To assist interpretation of the Municipal Plan and Development Regulations, technical planning
definitions are found in Appendix 1. The definitions from the Urban and Rural Planning Act, 2000 and
the (Minister's) Development Regulations 03/01 cannot be amended by the Council.
As required under Section 36 of the Urban and Rural Planning Act, 2000, the Ministerial Development
Regulations 03/01 are included in these regulations (Appendix 2).
1.5
Delegation of Authority for implementation of Development Regulations
Under Section 109 (2) of the Urban and Rural Planning Act, 2000, a council may appoint/ designate an
employee of Council to approve or reject applications to develop land in accordance with the plan and
regulations and that employee may outline the conditions applicable to that development. Council shall
make that designation in writing.
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2.0
ADMINISTRATION OF THE REGULATIONS
This Chapter deals with the administration of processing applications for proposed land use and
developments. It outlines: when a permit is required, the process for making an application for a permit,
the decision-making process by Council or it's delegate, including the conditions and requirements that
may be attached to the permit, the appeal process, and the enforcement responsibilities of the Council.
2.1
WHEN IS A PERMIT REQUIRED
All development including the subdivision (severance) of land carried out within the Municipal Planning
Area must have a permit issued by Council in accordance with these Regulations, and any other by-law
or regulation enacted by Council. These are defined in the Urban and Rural Planning Act, 2000 as
follows:
Development means
" ... the carrying out of building, engineering, mining or other operations in, on, over or under land, or the
making of a material change in the use, or the intensity of use of land, buildings or premises and the
i.
making of an access onto a highway, road or way,
ii.
erection of an advertisement or sign,
iii.
construction of a building,
iv.
parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or as an
office, or for living accommodation,
and excludes the
v.
carrying out of works for the maintenance, improvement or other alteration of a building,
being works which affect only the interior of the building or which do not materially affect
the external appearance or use of the building,
vi.
carrying out by a highway authority of works required for the maintenance or improvement
of a road, being works carried out on land within the boundaries of the road reservation,
vii.
carrying out by a local authority or statutory undertakers of works for the purpose of
inspecting, repairing or renewing sewers, mains, pipes, cables or other apparatus, including
the breaking open of street or other land for that purpose, and
viii.
use of a building or land within the courtyard of a dwelling house for a purpose incidental to
the enjoyment of the dwelling house as a dwelling ... ";
For clarification, a permit is required for a change of use.
"Subdivision means the dividing of land, whether in single or joint ownership into 2 or more pieces for
the purpose of development" . No land over which there is an existing structure shall be subdivided for
the purpose of creating distinct title to different dwelling units unless:
i.
ii.
iii.
iv.
Each dwelling unit is entirely comprised within the new title and self-contained within the new
lot with no common spaces or shared services;
The fire separation for each dwelling unit is confirmed;
A permit for the subdivision is first obtained from the Town;
A subsidiary apartment cannot be subdivided from the self-contained dwelling that it is
constructed within.
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2.2
APPLICATION FOR A PERMIT
2.2.1
Who can apply and how
An application for a Permit or for Approval in Principle shall be made only by the owner, or by a person
authorized by the owner, to Council on such form as may be prescribed by Council.
Development is not permitted on un-subdivided land unless sufficient area is reserved to satisfy the yard
and other allowances called for in the Use Zone in which it is located and the allowances shall be
retained when the adjacent land is developed.
Council shall, on request, supply to every applicant a copy of the application forms and a description of
the plans, specifications, and drawings required to be provided with the application. Council shall
provide all available information to assist in the preparation of the application.
2.2.2
Application Requirements for all Applications
An application for a Development Permit shall contain the information needed to satisfy the applicable
requirements in these Regulations.
Every application shall include:
a. such plans, specifications and drawings as Council may require;
b. the permit fee required by Council; and,
c.
all information required to process the application in accordance with these Regulations, such
information shall include at least the following:
For the proposed land, such information shall include at least the following:
i.
location of the site on a map;
ii.
details of proposed use: type, size and scale of operation, landscaping;
iii.
lot area, lot frontage, siting of structures;
iv.
contours and significant natural features such as wetlands, watercourses, drainage
channels, and slopes that exceed 15 percent, existing vegetation, trees, and any other
environmentally sensitive features;
v.
existing streets, buildings, and land uses in the vicinity of the site;
vi.
a conceptual layout of proposed streets, trails, and other major components of the
development;
vii.
proposed access/egress, parking, loading requirements;
viii.
a landscaping plan, including buffers and/or separation distances;
ix.
proposed water supply, waste disposal and storm water drainage services; and,
x.
a legal survey plan prepared by a registered Newfoundland and Labrador land surveyor
or other proof of ownership acceptable to Council.
If the application involves a building, the following information should be added, as appropriate:
i.
siting of building on the lot, including building line setback and yards;
ii.
bulk and height, in terms of floor area and building height;
iii.
off-street parking, circulation, and loading, in terms of variables specified in Section 6.6;
iv.
proposed access/egress, parking, loading requirements;
v.
a landscaping plan and buffers (see Section 6.4)
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2.2.3
Application Information Requirements for Discretionary Uses
Discretionary Uses may only be considered for an application to develop where:
a. the Discretionary Use is stated in the applicable Use Zone table (Chapter 3); and,
b. Council has, at the applicant's expense, published a notice in a newspaper circulating in the area
of the application and considered any representations or submissions received in response to
that advertisement. It is recommended that Council notify the neighbouring property owners
directly regarding the proposed discretionary use.
In addition to the information requirements for lots and buildings in 2.2.2, an application for a
Discretionary Use shall contain the following information relating to Discretionary Uses involving
operation of a business/ service, if applicable:
a. floor area to be used for Discretionary Use,
b. number of employees employed on site, and
c. hours of operation.
2.2.4
Application Information Requirements for Planned Unit Developments
Definition: Planned Unit Development means an integrated planned development which may involve a
single use class or mix of use classes of a mix of uses that responds to a unique market opportunity and
involves special development standards not otherwise permitted in the zone. The most common
example of a Planned Unit Development is a vacant land condominium/bare strata development
consisting of a contiguous area to be planned, developed, operated, and maintained as a single entity
and containing one or more structures with common areas that belong to them, such as a box store
complex, resort, multi-unit residential.
Conditions:
1) Required to submit a Planned Unit Development application (2.2.2 &2.2.4);
2) A Planned Unit Development must front on a public road and comply with use requirements of the
Zone within which it is located. Notwithstanding the requirement for serviced development, if
municipal services are not feasible to the standard required by the Town, the provision of on-site
services must meet requirement of provincial agencies, in particular, Water Resource Management
Division and Service NL;
3) Roads and services provided in a Planned Unit Development whether they are publicly or privately
owned, may be treated as if they were public roads, public services and public utilities for the
purpose of approvals by the Authority and other agencies.
In addition to the information in 2.2.2, the following requirements shall apply to all proposed Planned
Unit developments applications involving new street construction or development of large sites for
commercial (including commercial recreational), industrial, residential and public institutional
development.
A Planned Unit development application would normally contain the following:
a. Goals, objectives and land use policies for the development area;
b.
Identification of developable area of site, indicating accommodation of site conditions such as
poor drainage, steep slopes, flooding potential and rocky ground;
c.
Proposed siting of new buildings, or additions, including building square footage area size,
building height, and setback distances to property lines;
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d. Building lot area coverage where applicable;
e.
Total number of proposed multi-unit residential dwellings, or strata unit commercial and/ or
industrial units, and interior floor plans;
f.
Layout drawing of proposed parking area, total number and size of parking spaces and
manoeuvring aisles, access and egress locations to parking area, provisions for bicycle parking
where applicable, landscape screening for parking areas and storm water drainage
management;
g.
Identification of outdoor amenity and open space and recreation areas;
h.
Identification of unenclosed storage areas and area size; and,
i.
Overview of landscaping treatment and approach for the site development.
j .
phasing of the development;
k.
Street and servicing layout, including on-site road pattern and traffic and relation to surrounding
community in conformance with Town standards;
I.
Indicate any issues related to the long-term maintenance of streets and other services;
m. Must meet the requirements of 4.1.4; and,
n. if required, an amendment to the Municipal Plan and Development Regulations for adoption by
the Council.
4) A Planned Unit Development may be approved by Council in any zone as a development and/ or
subdivision on public or private services, subject to the following requirements: The development
and/ or subdivision shall comply with the requirements of the Municipal Plan or any scheme adopted
under it, and with the zoning for the site as it pertains to land use, height, and have a suitable
relationship to nearby land uses in respect to appearance, traffic requirements, and demands on
municipal services; and, the Planned Unit Development would be prepared and reviewed by t he
Council according to its regular development approval process.
5) In a Planned Unit Development, the Council may also, at its discretion, approve the erection of
buildings which are designed to form part of a zero lot line development provided that the buildings
are designed to provide both privacy and reasonable access to natural daylight, and the overall
density conforms to standard set out in the Use Zone Table.
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2.3
VARIANCES, NON-CONFORMING USES & NON-CONFORMING DEVELOPMENT
STANDARDS, AND DEVELOPMENT REGULATION AMENDMENTS
2.3.1
Variances
Where the proposed development does not comply with any numeric requirement in the applicable use
zone table set out in these Regulations for the zone in which the site occurs, Council may, in its
discretion, provide a variance to the requirement to a maximum often percent (10%) if, in Council's
opinion, compliance with the development standards would prejudice the proper development of the
land, building, or structure in question or would be contrary to public interest. (the 10% is stipulated in
the Minister's Development Regulations 3/01 in Appendix 2 and cannot be amended by Council). The
applicant may request the variance.
Council shall not allow a variance from development standards set out in the zone as set out in these
Development Regulations if that variance, when considered together with other variances made or to be
made with respect to the same land, building, or structure would have a cumulative effect that is greater
than a ten percent (10%) variance even though the individual variances are separately no more than ten
percent (10%);
Council shall not permit a variance from the development standards where the proposed use would
increase the non-conformity of an existing development or would result in the creation of non-
conformity of any existing legal development.
Where Council is to consider a proposed variance, Council shall give written notice of the proposed
variance from development standards to all persons whose land is in the immediate vicinity of the land
that is the subject of the variance and allow a minimum period of seven (7) days for response.
2.3.2
Non-Conforming Uses or Non-Conforming Development
Refer to Section 108(2) of the Urban and Rural Planning Act 2000 and Sections 14, 15, and 16 of the
Ministerial Development Regulations found in Appendix 2 and 3.
The following excerpts set out the requirements for non-conforming uses:
-
Except: Section 108(2) of the Urban and Rural Planning Act 2000:
-
""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;" ...
"108. ( 1) Notwithstanding a plan, scheme or regulations made under this Act, the minister, a council or regional
authority shall, in accordance with regulations made under this Act, allow a development or use of land to continue
in a manner that does not conform with a regulation, scheme, or plan that applies to that land provided that the non-
conforming use legally existed before the registration under section 24 of the plan, scheme or regulations made with
respect to that kind of development or use.
(2) Notwithstanding subsection ( 1 ), a right to resume a discontinued non-conforming use of land shall not
exceed 6 months after that discontinuance unless otherwise provided by regulation under this Act.
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(3) A building, structure or development that does not conform to a scheme, plan or regulations made under
this Act that is allowed to continue under subsection ( 1)
(a) shall not be internally or externally varied, extended or expanded unless otherwise approved by the
minister or appropriate council, regional authority or authorized administrator;
(b) shall not be structurally modified except as required for the safety of the building, structure or
development;
(c) shall not be reconstructed or repaired for use in the same non-conforming manner where 50% or more of
the value of that building, structure or development has been destroyed;
(d) may have the existing use for that building, structure or development varied by the appropriate council,
regional authority or authorized administrator to a use that is, in their opinion more compatible with a
plan and regulations applicable to it;
( e) may have the existing building extended by the appropriate council, regional authority or authorized
administrator where, in its opinion that extension is not more than 50% of the existing building;
(t) where the non-conformance is with respect to the standards included in development regulations, shall
not be expanded if the expansion would increase the non-conformity; and
(g) where the building or structure is primarily zoned and used for residential purposes, may, in accordance
with the appropriate plan and regulations, be repaired or rebuilt where 50% or more of the value of that
building or structure is destroyed."
-
-
Excerpt - Sections 14, 15, and 16 of the Ministerial Development Regulations 3/01:
"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 non-conforming building, structure or development,
an authority, at the applicants expense, shall publish a notice in a newspaper circulating in the area or by other means
give public notice of an application to vary the existing use of a non-conforming building, structure or development
and shall consider any representations or submissions received in response to that advertisement.
Non-conformance with standards
16. Where a building, structure or development does not meet the development standards included in
development regulations, the building, structure or development shall not be expanded if the expansion would
increase the non-conformity and an expansion must comply with the development standards applicable to that
building, structure or development.
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Discontinuance of non-conforming use
17. An authority may make development regulations providing for a greater period of time than is provided
under subsection 108(2) of the Act with respect to the time by which a discontinued non-conforming use may
resume operation."
-
If a non-conforming development or land use is discontinued after these Regulations came
into legal effect, a right to resume a discontinued non-conforming use of land shall not
exceed two years 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:
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The building or use of land is clearly vacated or the building is demolished,
-
The owner or tenant has ceased paying business taxes for that use, and
-
The owner or tenant has stated in writing that the use has ceased.
1) Regarding a notice of an application to change a non-conforming use: this shall be by advertisement
in a newspaper circulating in the area, or by other reliable means as deemed appropriate by Council,
and a minimum of seven (7) days shall be provided for persons to respond. (Minister's Development
Regulations-see Appendix);
2.3.3
Amendment to Development Regulations
An amendment to these Development Regulations may be requested by any person and shall be
submitted to the Council. This might also require an associated amendment to the Municipal Plan.
All costs for the amendment are to be borne by the person requesting the amendment, except when
initiated by Council.
The amendment application shall be made by the property owner or a person operating under the
owner's written consent. A copy of this written consent must accompany the application for an
amendment to the text of the Development Regulations or rezoning of the Land Use Zoning Map.
The process for a Development Regulation Amendment is set out in Section 1.3.
Where a Plan amendment and/or Development Regulation amendment is requested, all, or some, of t he
following criteria may be considered:
a.
all of the criteria listed in the policies of the Plan;
b. the height, location and spacing of any buildings in the proposed development, and any
potential impacts on surrounding land uses;
c.
the location of vehicular access points the likely impact of traffic generated by the proposal on
streets, pedestrian and vehicular safety, and on surrounding properties;
d. the exterior design in terms of bulk, scale, and layout of buildings, and the integration of these
uses with present and future land uses in the area;
e. the potential impact of the development on surrounding natural features and herit age
resources;
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f.
constraints posed by the environment, including but not limited to locations where adverse
effects from landfill sites, sewage treatment plants, methane gas, contaminated soils, noise,
ground borne vibration, and rail safety may limit development;
g. compliance of the proposed development with the provisions of the Town's Municipal Plan and
Development Regulations; and,
h. measures planned by the applicant to mitigate any adverse impacts on surrounding land uses
and streets which have been identified as part of the Planning Impact Analysis.
An applicant for a proposed change in land use may be required to provide information and details on
the development and its likely impacts.
2.4
COUNCIL DECISION-MAKING
2.4.1
Discretionary Decision-making Powers of Council
In considering an application for a permit to carry out development, Council shall take into account the
policies expressed in the Municipal Plan and any further scheme, plan or Regulations pursuant thereto,
and shall assess the general appearance of the development of the area, the amenity of the
surroundings, availability of utilities, public safety and convenience, and any other considerations which
are, in its opinion, material, and notwithstanding the conformity of the application with the
requirements of these Regulations, Council may, in its discretion, and as a result of its consideration of
the matters set out in this Regulation, approve, approve with conditions, or refuse the application.
2.4.2
Timely Decision-making
Applications properly submitted in accordance with these Regulations which have not been determined
by Council and on which a decision has not been communicated to the applicant within eighty (80) days
of the application being received by Council, shall be deemed to be refused.
A decision of Council regarding an application may be appealed under sub-section 2.4.15-Appeals.
2.4.3
Deferment or Withdrawal of an Application:
Council may, with the written agreement of the applicant, defer consideration of an application. Council
may defer decisions on an application for a Development Permit and/or an application.
If the application is not deferred within 80 (eighty) days of submission and no decision is made by
Council, the application shall be deemed refused.
Council may defer decisions on an application for a Development Permit and/or an application for an
amendment to these Regulations within a specified area where Council has directed that a planning
study or other similar study pertaining to the future use and development of the specified area be
undertaken. A decision to defer an application when a Council requests further information or studies
does not allow an appeal under Section 42 (1) of the Urban and Rural Planning Act, 2000.
An application may be withdrawn only on receipt of a written request from the applicant.
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2.4.4
Public Notice (Refer to Ministerial Development Regulations, Sections 13&15)
Council must, at the applicant's expense (Section 35 (1) of the Urban and Rural Planning Act, 2000},
publish a notice in a newspaper circulating in the area of the application, or by any other means
approved by the Local Governance and Land Use Planning Division, and consider any representations or
submissions received in response to that advertisement, for the following:
1. A change in a non-conforming use; notice of an application to change a non-conforming use shall be
by advertisement in a newspaper circulating in the area, or by other reliable means as deemed
appropriate by Council, and a minimum of seven (7) days shall be provided for persons to respond.
(Minister's Development Regulations-see Appendix);
2. A proposed development is listed as a discretionary use; notice of an application regarding a
proposed discretionary use be by advertisement in a newspaper circulating in the area, or by other
reliable means as deemed appropriate by Council, this may include providing notice given directly to
persons whose land is in the immediate vicinity of the land that is subject to the proposed
discretionary use, and a minimum of seven (7) days shall be provided for persons to respond.
3. A Planned Unit Development is proposed; Council shall publish a notice in a newspaper circulating in
the area or by other reliable means as deemed appropriate by Council, give public notice, and shall
provide a minimum of fourteen (14) days for persons to respond;
4. If Council determines that the public should be notified of an application; notice of the application
shall be by advertisement in a newspaper circulating in the area, or by other reliable means as
deemed appropriate by Council, and a minimum of seven (7) days shall be provided for persons to
respond;
5. A Planning Impact Analysis is proposed; Council shall publish a notice in a newspaper circulating in
the area or by other reliable means as deemed appropriate by Council, give public notice, and shall
provide a minimum of fourteen (14) days for persons to respond;
6. A variance: written notice of a variance application shall be given directly to persons whose land is
in the immediate vicinity of the land that is the subject of the variance who are likely to be affected
(Minister's Development Regulations-see Appendix) and a minimum of seven (7) days shall be
provided for persons to respond;
2.4.5
Briefing Sessions
Council may require a public meeting to be held in respect of any matter arising under these
Regulations.
Council shall advertise or require the applicant to advertise the application by a minimum of one (1)
advertisement in a newspaper circulating in the local area or by other reliable means as deemed
appropriate by Council, at least ten (10) calendar days prior to the holding of a briefing session where
the application shall be discussed.
The newspaper notice shall: (a) contain a general description of the application; (b} specify the date set
for the briefing session at which the application is to be discussed; (c) specify the date set for receipt of
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written representation on the application by the Town; (d) identify the place and time where the
application can be viewed by the public; and (e) specify that Council shall cancel the briefing session if no
written response is received by the deadline for the receipt of responses.
Council may make such effort as it deems reasonable to provide that written notices are mailed to the
addresses of property owners, as identified on the current Town's assessment role, within a radius of at
least one hundred and fifty metres (150 metres) from the application site, a minimum of fourteen (14)
calendar days prior to a briefing session where such application is discussed.
Notes of the proceedings of the briefing session shall be recorded and these notes, together with any
written representations, shall be considered by Council when it makes its decision on the matter, which
is the subject of the briefing session.
An elected member of Council shall act as Chairperson of the briefing session.
2.4.6
Approval in Principle
Council may grant an approval in principle if it determines that the proposed development complies
generally with the intent and purposes of the Municipal Plan and these Regulations.
Council shall attach to the approval in principle such conditions that it deems necessary to ensure the
proposed development shall be in accordance with the Municipal Plan and these Regulations. It shall
also outline such details that the applicant shall be required to address before a final development
permit shall be granted.
An approval in principle shall 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.
Where Approval in Principle is granted under these Regulations, it shall be subject to the subsequent
approval by Council of the details and conditions as listed in the Approval in Principle, which shall be
received not later than one year from the issuance of the Approval in Principle. If the details and
conditions are not received, and there is no request for an extension, then the Approval in Principle is
void and the application is rejected.
Where approval in principle is granted, approval of a final development permit shall be subject to the
subsequent approval by Council of any details and conditions that were outlined in the approval in
principle. If the details and conditions are not received, and there is no request for an extension (as per
2.5.5) then the Approval in Principle is void and the application is rejected.
Approval in principle shall not constitute permission to commence development. No form of
development shall commence until Council has issued a proper development permit.
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 principle.
A decision by Council on an application for an approval in principle can be appealed in accordance with
Section 42 of the Urban and Rural Planning Act, 2000.
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2.4.7
Approval of Development Permit
1) A written development permit issued by Council or its designated staff shall constitute permission to
develop in accordance with these Regulations.
2) This 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.
3) Council may attach conditions in writing to a development permit to ensure compliance with the
Municipal Plan and these Regulations, and any other federal or provincial government requirements,
and the permit holder shall be responsible for full compliance with these conditions.
4) When approving an application for a discretionary use, Council shall state in writing the basis for its
approval.
5) A permit is valid for such period, not in excess of two years, as may be stated therein, and if the
development has not commenced, the permit may be renewed for a further period not in excess of
one year, but a permit shall not be renewed more than three years; except for Signs (Section 7.2).
6) No person shall change the application for which a development permit was issued unless written
approval of the change has been issued by Council.
7) A copy of the development permit, along with plans and specifications, shall be kept on the site until
the development is completed.
8) A decision by Council on an application to undertake development can be appealed in accordance
with Section 42 of the Urban and Rural Planning Act, 2000.
2.4.8
Permit responsibilities of the applicant
The applicant must meet the requirements of the Regulations and conditions attached to the permit to
develop. Even though an applicant may receive a municipal development permit, the applicant is
responsible for ensuring compliance with all relevant federal and provincial legislation, regulations,
policies and guidelines prior to commencing a land use or development approved under these
Development Regulations. Council may require proof of compliance with federal or provincial
requirements before issuing municipal approval.
2.4.9
Temporary Use Permit
Definition: A temporary use permit means a permit for a development or the use of land that is limited
in scope, duration, and frequency and is allowed to operate on a short-term basis, such as, a temporary
outdoor market.
Conditions:
At its discretion, Council may issue a development permit for a temporary use, which must comply with
the Municipal Plan and these Regulations.
The permit may be for a period not exceeding 1 year of continuous occupation, and may be extended at
the request of the applicant for 1 additional year, up to a maximum of 2 years.
The permit may be issued for a shorter period of time on an annual basis.
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2.4.10
Correction of Errors and Remedial Work
The approval of any plans or drawings or the issuance of a Development Permit or permit shall not
prevent Council or any officer from thereafter requiring the correction of errors or from ordering the
cessation of, or remedial work on any development being carried out in the event that the same is in
violation of these or any other regulations or statutes.
2.4.11
Revoke Permit
Council or any designated officer may revoke an approval and any subsequent permits for (1) failure by
the holder, to comply with these Regulations or any condition attached to the permit or (2) where the
permit was issued contrary to the applicable regulations or (3) was issued on the basis of incorrect
information or issued in error.
2.4.12
Fee for Permit
Council may charge a fee for a development permit in accordance with the annual schedule of fees
adopted by Council.
2.4.13
Written Reasons for Refusing a Permit or Setting Conditions on a Permit
1) Council shall, when refusing to issue a permit or attaching conditions to a permit:
a.
state the reasons for so doing; and,
b. advise the applicant of their right to appeal in accordance with Section 42 of the Urban and
Rural Planning Act, 2000;
c.
provide the decision in writing.
2) Where a Development Permit application for a land or building development or for an amendment
to the Development Regulations has been effectively denied by a resolution of Town Council,
application for the same development, building or amendment shall not be considered within 12
months of the date of the previous refusal.
2.4.14
Refusal: Premature development
No permit shall be issued for development within the Municipal 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.
2.4.15
Appeal
The person to whom a Town's decision applies shall have the right to appeal that decision in accordance
with the provisions of Sections 42 to 46 of the Urban and Rural Planning Act, 2000 and Sections 5 to 11
of the Development Regulations under that Urban and Rural Planning Act, 2000.
The applicant must be informed of the right to appeal in all development letters issued by Council.
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2.4.16
Register
Council shall keep a register of all applications for development and shall enter therein Council's decision
upon each application and the result of any appeal from that decision.
2.5
SPECIAL REQUIREMENTS FOR DEVELOPMENT
2.5.1
Development Agreement
Definition: A development agreement is a voluntary contract between a local jurisdiction and a person
who owns or controls property within the jurisdiction, detailing the obligations of both parties and
specifying the standards and conditions that shall govern development of the property.
These agreements can specify various elements of the development process ranging from phasing of a
larger comprehensively planned community, to tax-sharing for retail development, to critical
infrastructure responsibilities. Development agreements are sometimes used in combination with a
Planned Unit Development (Section 2.5.1) Development Scheme, Section 29 of the Urban and Rural
Planning Act, 2000, in the form of a binding agreement that specifies the negotiated terms of the
development, but these tools may also be used independently.
Where a Development Agreement is required as a condition of a Development Permit or Approval-in-
Principle, the Development Agreement set out the terms specific to that agreement and shall be signed
by the applicant and Council within one year ofthe approval granted by Council.
Development cannot proceed until all conditions of the Development Permit are met and the
Development Agreement is signed by the applicant and Council.
2.5.2
Planning Impact Analysis
Council may require a Planning Impact Analysis to evaluate any proposed land use, development and/or
situation that affects the implementation of policies contained in the Municipal Plan.
A Planning Impact Analysis {PIA) may be required by Council to evaluate applications to determine the
appropriateness of a proposed change in land use, and to identify potential issues and provide proposals
for mitigation. The PIA shall document the criteria used in the application review process.
The Terms of Reference for a Planning Impact Analysis shall be approved by Council prior to its execution
and shall become an integral part of the report itself. The PIA shall be prepared by qualified
individuals/consultants. The report and any supporting studies may be prepared at the expense of the
applicant, at Council's discretion. The report shall identify significant impacts, evaluate their importance,
and recommend a Mitigation Plan indicating measures of control or mitigation, where appropriate.
Prior to the approval of a Planning Impact Analysis, Council shall provide adequate time for a public
review of the report, using the procedures for public notification as outlined in Section 2.5.3.
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2.5.3
Financial Guarantees by Developer
Council may require a developer, before commencing a development, to make such financial provisions
and/or enter into such agreements as may be required to guarantee the payment of service levies,
ensure site reinstatement, and to enforce the carrying out of any other condition attached to a permit
(including landscaping).
The financial provisions may be made in the form of:
a.
a cash deposit from the developer, to be held by Council;
b. a security or 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.
The financial guarantee shall be returned when the site has been restored and any conditions attached
to the development permit have been carried out to Council's satisfaction.
2.5.4
Service Levy
Council may require a developer to pay a service levy where development is made possible or where the
density of potential development is increased, or where the value of real property is enhanced by the
carrying out of public works either on or off the site of the development (Section 149 (2) Municipalities
Act, 1999).
A service levy shall not exceed the cost, or estimated cost, including finance charges to Council of
constructing or improving the public works referred to above that are necessary for the real property to
be developed in accordance with these Regulations.
A service levy shall be assessed on the real property based on: (a) the amount of real property benefited
by the public works related to all the real property so benefited, and (b) the density of development
made capable or increased by the public work.
Council may require a service levy to be paid by the owner of the real property; (a) at the time the levy is
imposed, (b) at the time development of the real property commences, (c) at the time development of
the real property is completed, or (d) at such other time as Council may decide.
2.5.5
Require Land Conveyed for Public Work Purpose
A Council may, for a development that is not involving a subdivision, require a portion of the land to be
developed to be conveyed to the Town for a public purpose where public works are required to
accommodate the proposed for development.
2.5.6
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
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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.
2.6
ENFORCEMENT AUTHORITY
2.6.1
Delegation of Authority
The Urban and Rural Planning Act, 2000 provides for delegation of enforcement responsibilities under
Section 109, where, an employee of a council may issue an order under the section 102 (see below). An
order made by an employee shall be confirmed by a majority vote of the members of the council present
at the next meeting of that Council after the order is made and if the order is not confirmed in this
manner, it shall be considered to be cancelled.
Excerpt from Urban and Rural Planning Act, 2000:
"Order
102. ( 1) Where, contrary to a plan or development regulations, a person has undertaken or commenced a building
or other development, the council, regional authority or authorized administrator responsible for that plan or those
regulations or the minister where he or she considers it necessary, may order that the person pull down, remove, stop
construction fill in or destroy that building or development and may order that the person restore the site or area to
its original state.
(2) A person ordered to carry out an action under subsection ( 1) shall be served with that order and shall
comply with the order at the person's own expense.
(3) An order made under this section continues in force until revoked by the council, regional authority,
authorized administrator, or minister that made the order.
(4) A council, regional authority, authorized administrator or the minister may, in an order made under this
section, specify a time within which there shall be compliance with the order.
(5) Where a person to whom an order is directed under this section does not comply with the order or a part
of it, the council, regional authority, authorized administrator or minister may take the action that it considers
necessary to carry out the order and any costs, expenses or charges incurred by the council, regional authority,
authorized administrator or minister in carrying out the order are recoverable against the person against whom the
order was made as a debt owed to the council, regional authority, authorized administrator or the Crown."
2.6.2
Right of Entry
Council or an officer may enter upon any public or private land and may at all reasonable times enter
any development or building upon the land for the purpose of making surveys or examinations or
obtaining information relative to the carrying out of any development, construction, alteration, repair,
or any other works whatsoever which Council is empowered to regulate (Section 105 of Urban and Rural
Planning Act, 2000).
17
2.6.3
Enforcement Authorities
1. Where it is determined that a use of land or development is contrary, or apparently contrary, to the
Municipal Plan and Development Regulations, Council may initiate enforcement measures by issuing
a stop work order.
2. A stop work order requires that person to stop the development or work connected therewith
pending the final adjudication in any prosecution arising out the of the development.
3.
Every inspector shall keep a record of any violation of these Regulations and report that violation to
Council.
4. A person who does not comply with an Order is guilty of an offence under the provisions of the
Urban and Rural Planning Act, 2000.
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3.0
LAND USE ZONES
3.1
INTERPRETATION OF LAND USE ZONING AND DEVELOPMENT STANDARDS
3.1.1
Land Use Zones
1. The Municipal Planning Area is divided into Land Use Zones which are shown on the Land Use Zoning
Maps attached to, and forming part of, these Regulations. For each zone, the intent and governing
policies are set out in Chapter 3 of the Municipal Plan.
2. 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 Development Regulation amendment shall be required in order to
accommodate minor adjustments of the Use Zone boundaries.
3.
Other than such minor boundary adjustments, no development sha II be permitted that does not
conform to the Use Zone delineated on the Land Use Zoning Maps.
4.
Where there is uncertainty regarding the existence of a watercourse identified on the zoning map,
this can be confirmed in the field. If it is determined that the watercourse does not exist, the area in
question shall be treated as if it is occurring within the surrounding zone.
5. The Municipal Plan states the Objectives and Policies for each of the land use designation including
the establishment of the following zones:
-
Residential Low Density (RLD)
-
Residential Medium Density (RMD)
-
Residential Compact (RC)
-
Residential Comprehensive Development Area (RCDA)
-
Mixed (M)
-
Public/Institutional (Pl)
-
Commercial General (CG)
-
Town Centre (TC)
-
Industrial General (IG)
-
Industrial-Mining (IM)
-
Waterfront W)
-
Rural (R)
-
Environmental Protection (EP)
-
Open Space, Parks & Trails (OSPT)
-
Protected Water Supply (PWS)
-
Urban/Rural Buffer (U/RB)
3.1.2
Land Use Zone Tables: Permitted and Discretionary uses
This Chapter provides a Use Zone Tables which sets out the permitted, and discretionary uses for each
Zone. The standards, requirements and conditions applicable to these Uses are set out in an associated
Development Standards table with some zone-specific conditions; general regulations regarding
development are found in Chapters 4 and 6. Sections 2.4.1 and 2.4.14 provide Council with discretion
regarding decisions for both permitted and discretionary uses.
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3.1.2.1
Permitted Uses
Subject to these Regulations, Permitted Uses set out in the Use Zone Table shall be permitted by the
Council in that Use Zone provided that it meets the requirements of the Development Regulations.
3.1.2.2
Discretionary Uses
The discretionary uses listed in the Use Zone Tables may be permitted at the discretion of Council,
provided that they are complimentary to uses within the permitted use class, or that their development
shall not inhibit or prejudice the existence or the development of such uses.
Council must be satisfied that the development would not be contrary to the general intent and purpose
of these Regulations, the Municipal Plan, or any further scheme or plan or regulation pursuant thereto,
and to the public interest.
Council is required to provide public notice of the application in accord a nee with Provision 2.4.4. Council
must consider any objections or representations which may have been received on the matter
3.1.3
Accessory Uses and Accessory Building
Accessory use means aiding or contributing in a secondary way to a principal use to carry out its
function. Definitions and examples of an accessory use and accessory building is provided in Chapter 5.
A permit is required for accessory uses and accessory buildings.
3.1.4
Uses Not Permitted
Uses that are not listed as Permitted or Discretionary Use on a Use Zone Table shall not be permitted in
that Use Zone.
3.1.5
Uses Permitted in All Land Use Zones
The following uses shall be permitted in all land use zone.
1. Accessory uses and buildings provided the buildings are clearly incidental and complimentary to
the main buildings' character, size and use.
2. Conservation Land Use Class: 'Environmental protection' and 'Open space, park, & trail' uses (as
set out in Section 4 4.5);
3.
Mineral exploration not classed as 'Development' ((as set out in Section 4.4.12);
4.
Development associated with public infrastructure and services, including municipal services,
public transportation infrastructure, and utilities (as set out in Section 4.8) provided no adverse
effect on adjacent land uses is created. In this regard, the size and appearance of such works
must be in keeping with adjacent uses and provision shall be made for buffering in the form of
landscaped areas between uses;
5.
Accessory use: Wharf/boathouse/slipways/breakwater, subject to 5.2.3.3 where they are
accessory to a principal use;
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3.1.6
Development Requirements
All Development within the Municipal Planning Area must conform to:
a.
Policies set out in the Municipal Plan;
b. Development standards and conditions set out in the Development Regulations.
c. Standards set out in the National Building Code and ancillary codes;
d. Any other municipal regulation or bylaw in force in the Municipal Planning Area regulating
or controlling development, conservation, heritage, fences, and use of land and buildings
under the Municipalities Act, 1999;
e. Requirements of Federal and Provincial legislation, regulations, policies and guidelines.
o
If Council is aware that a proposed development may not comply with Provincial or
Federal legislation, it may require the applicant to provide confirmation that
necessary government approvals have been obtained before issuing a development
permit.
o
If Council deems that a proposed development may trigger the requirements of the
Environmental Protection Act, 2002, the proponent shall be advised to consult with
the Environmental Assessment Division and a development permit cannot be issued
until this process is complete.
o
Where these Regulations are more stringent than Provincial or Federal legislation,
these Regulations shall apply.
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3.2
LAND USE ZONES
3.2.1
Residential Low Density
USE ZONE TABLE: RESIDENTIAL LOW DENSITY
PERMITTED USES
DISCRETIONARY USES
-Single detached dwelling {4.7.1)
-Apartment building {4.7.4}
-Semi-detached (double) dwelling {4.7.2)
-Townhouse (4. 7.3}
-Subsidiary apartment {5.1.2)
-Assisted Living-Residential (4. 7.9.1}
-Home businesses as set out in Condition {1},
-Supportive housing {4.7.9.3}
all the remainder are Discretionary use
-Convenience store {4.3.13)
-Home business- (see Condition 2 below)
-Uses set out in 3.1.5
-Urban agriculture {4.2.2}
-Energy generating facility- residential only {4.4.5)
Development Standards - Residential Low Density
Development Standard
Single Detached
Semi-Detached
Required (m=metres)
Dwelling
Dwelling
Lot Area (m2)
650
550 per unit
Floor area (m2)
80
80 per unit
Frontage on street (m)
20
35
Building line (m)
8
8
Side yard (m)
1
1
Rear yard (m)
14
14
Lot coverage (%)
33
33
Building height (m)
10
10
Conditions:
1. Home businesses permitted in the Residential Low Density zone:
a.
Professions, such as an accountant, architect, auditor, engineer, realtor, insurance
agent, planner, lawyer;
b. Artisan and other home crafts;
c.
Telephone and mail order business;
d. Any business applying for only a phone/fax/internet service is permitted;
2. Home businesses as Discretionary use in the Residential Low Density zone:
a.
Food preparation for catering services and baking;
b.
Music and dance lessons, and educational tutoring
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c.
d.
e.
f.
g.
h.
i.
j.
k.
I.
Personal service that do not disrupt the residential character of the neighbourhood,
such as a hairdressing, tailor, photographer, pet groomer, caterer's establishment, shoe
repair, dressmaking, sewing repairs and tailor shop, small appliance, clock/watch,
bicycle, ski and snowboard and computer repair, locksmiths, manicurists;
Care services, such as child care, or home-care; and similar occupations or businesses.
Art gallery and framing shop;
Pet grooming services;
Bed and Breakfasts;
Boarding house
Day care-residential
Home care-residential
Furniture repair and upholstery;
Sale of bedding plants and trees grown on the same lot;
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3.2.2
Residential Medium Density
USE ZONE TABLE: RESIDENTIAL MEDIUM DENSITY
PERMITTED USES
DISCRETIONARY USES
- Single detached dwelling (4. 7.1)
-Townhouse (4. 7.3)
-Semi-detached {double) dwelling (4.7.2)
-Mini-homes (not mobile homes) (4.7.6)
-Subsidiary apartment {5.1.2)
-Apartment building {4.7.4)
-Home businesses as set out in Condition 3 -
-Assisted Living-Residential (4. 7.9.1)
(Refer to Section 5.3)
-Non-profit housing {4.7.9.2)
-Supportive housing {4.7.9.3)
-Uses set out in 3.1.5
-Transitional housing (4. 7.9.5)
-Convenience store {4.3.13)
-Home business-see Condition 4 (Refer to Section 5.3)
-Urban agriculture (4.2.2)
-Public Gathering Places-Indoor {4.6.4)
-Energy generating facility- residential only {4.4.5)
Development Standards - Residential Medium Density
Development Standard
Single
Double
Town
Apartment Building (by# of units)
Required (m=metres)
Minimum
Lot Area (m2)
Floor area (m2)
Frontage on street (m)
Building line (m)
Side yard (m)
Rear yard (m)
Maximum
Lot coverage (%)
Building height (m)
*per unit
Conditions
Dwelling
450
80
15
6
1
14
33
10
Dwelling
house
1-bed-
room
390
350
200*
80
65
40*
26
12
36
6
8
8
1
1
5
14
14
14
33
33
33
10
10
10
1) Development must conform to the requirements of Section 3.1.6.
2)
Buildings on each lot are must be a minimum of 4 metres apart.
2-bed-
3- bed-
4- bed-
room
room
room
250*
280*
300*
SO*
60*
70*
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36
36
8
8
8
5
5
5
14
14
14
33
33
33
10
10
10
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3) Home businesses permitted in the Residential Low Density zone:
o
Professions, such as an accountant, architect, auditor, engineer, realtor, insurance agent,
planner, lawyer;
o
Artisan and other home crafts;
o
Telephone and mail order business;
o
Any business applying for only a phone/fax/internet service is permitted;
4) Home businesses as Discretionary use in the Residential Low Density zone:
o
Food preparation for catering services and baking;
o
Music and dance lessons, and educational tutoring
o
Personal service that do not disrupt the residential character of the neighbourhood,
such as a hairdressing, tailor, photographer, pet groomer, caterer's establishment, shoe
repair, dressmaking, sewing repairs and tailor shop, small appliance, clock/watch,
bicycle, ski and snowboard and computer repair, locksmiths, manicurists;
o
Care services, such as child care, or home-care; and similar occupations or businesses.
o
Art gallery and framing shop;
o
Pet grooming services;
o
Bed and Breakfasts;
o
Boarding house
o
Day care-residential
o
Home care-residential
o
Furniture repair and upholstery;
o
Sale of bedding plants and trees grown on the same lot;
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3.2.3
Residential Compact
USE ZONE TABLE: RESIDENTIAL COMPACT
PERMITTED USES
DISCRETIONARY USES
-Mobile Home {4.7.7)
-Tiny home {4.7.9)
-Mini Home {4.7.6}
-Convenience store (4.3.13)
-Home business-See Condition 3; refer to Section
-Home business-see Condition 4-{Refer to
5.3)
Section 5.3)
-Urban agriculture {4.2.2)
-Uses set out in 3.1.5
Development Standards (m=metres)
Minimum standard
Lot area (m2)
400
Frontage (m)
12
Building Line Setback (m)
6
Side yard Width (m)
1 on the side where the adjacent lot has 3 m and alternating
along street to ensure 4 m between buildings
Flanking Side yard (m)
3
Maximum standard
Rear yard (m)
6
Lot Coverage (%)
40%
Height (m)
8
Conditions
(1) Development must conform to the requirements of Section 3.1.6.
(2) Primary buildings on each lot are must be a minimum of 4 metres apart.
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(3) The following home businesses are Permitted Uses in the Residential Compact zone:
o
Professions, such as an accountant, architect, auditor, engineer, realtor, insurance agent,
planner, lawyer;
o
Artisan and other home crafts;
o
Telephone and mail order business;
o
Any business applying for only a phone/fax/internet service is permitted;
(4) The following home businesses are Discretionary Uses in the Residential Compact zone:
o
Food preparation for catering services and baking;
o
Music and dance lessons, and educational tutoring
o
Personal service that do not disrupt the residential character of the neighbourhood,
such as a hairdressing, tailor, photographer, pet groomer, caterer's establishment, shoe
repair, dressmaking, sewing repairs and tailor shop, small appliance, clock/watch,
bicycle, ski and snowboard and computer repair, locksmiths, manicurists;
o
Care services, such as child care, or home-care; and similar occupations or businesses.
o
Art gallery and framing shop;
o
Pet grooming services;
o
Furniture repair and upholstery;
o
Sale of bedding plants and trees grown on the same lot;
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3.2.4
Residential Comprehensive Development Area
USE ZONE TABLE
RESIDENTIAL COMPREHENSIVE DEVELOPMENT AREA
PERMITTED USES
DISCRETIONARY USES
-Non-conforming uses {2.4.3)
-Uses permitted in all zones {3.1.5): Conservation Land Use Class:
'Environmental protection' and 'Open space, park, & trail';
Mineral exploration not classed as 'Development' {Section
4.4.12); Development associated with public infrastructure and
services, including public transportation infrastructure and
utilities - Refer to Section 4.8;
Conditions:
In the CDA-Residential, the applicant must rezone the lands for the appropriate residential zoning to
reflect the proposed development. An amendment to the Development Regulations and Land Use
zoning map shall be required according to the procedure set out in subsection 1.3.
The Comprehensive Development Area scheme should incorporate concepts from 'Smart Growth',
'Complete Community' and 'Healthy Community' planning theories, as appropriate, such as:
a. Mix of land uses;
b. Take advantage of compact building design.
c.
Create walkable neighbourhoods and a range of housing opportunities and choices;
d.
Foster distinctive, attractive communities with a strong sense of place;
e.
Preserve open space, farmland, natural beauty, and critical environmental areas;
f.
Strengthen and direct development towards existing communities;
-
Make development decisions sustainable, predictable, fair, and cost effective.
-
Provide for non-residential uses related to open space, parks and trails to increase
community amenity;
-
Provide for a range of discretionary uses that complement the concept of a complete
community, such as home businesses, urban agriculture, subsidiary apartments;
-
Consider the impact of the bulk and scale of proposed non-commercial uses adjacent to
residential designations to ensure: that development does not adversely affect the
residential character and amenity of the area; provision of adequate space for on-site
parking, loading, and buffering is provided;
-
Manage residential development in a manner that preserves and protects sensitive
environments and natural areas by requiring areas to be zoned appropriately for
conservation purposes, 'environmental protection' or 'open space, parks and trails' in new
developments;
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-
Ensure that landscaping requirements are set out in the development permit and that the
application addresses how the owner proposes to preserve the scenic quality of the
neighbourhood.
-
Allow for provisions regarding alternative energy within a built-up residential area which
shall be limited to a single energy-generation unit that serves an individual property;
-
Requires conformance to Chapter 7 - Subdivision of Land.
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3 .. 2.5
Mixed Zone
USE ZONE TABLE: MIXED
PERMITTED USES
DISCRETIONARY USES
-Amusement establishment/use {4.3.1)
-Bar {4.3.6}
-Business support service {4.3.8}
-Townhouse {4.7.5)
-Club and Lodge {4.3.11)
-Apartment building (4. 7.8}
-Convenience store {4.3.13}
-Transitional housing {4.7.9.5)
-General Service/repair {4.3.16)
-Non-Profit housing {4.7.9.2}
-Medical or Dental Clinic {4.3.19}
-Supportive housing {4.7.9.3}
-Personal Service {4.3.23}
-Emergency Shelter {4.7.9.4}
-Offices {4.3.24}
-Hostel {4.3.31}
-Restaurant-full service {4.3.26.2)
-Home Business {5.3)
-Retail {4.3.27}
-Public Gathering Place - indoor {4.6.4}
-Uses set out in 3.1.5
DEVELOPMENT STANDARDS: MIXED (m=metres)
Minimum Standards
Front yard (building line) (m)
8 or Condition (2)
Side yard. (m)
5
Flanking yard (m)
8
Rear yard (m)
10
Maximum Standards
Height (m)
10 or at discretion of Council (see National Building Code,
Fire Code, or Fire Commissioner's Office)
Conditions
(1) Development must conform to the requirements of Section 3.1.6;
(2) Notwithstanding the standards in the Use Zone Table, Council may require the building line setbacks
(building line) of new building to complement the setbacks of existing conforming buildings on
adjoining or nearby lots on the same street and may allow buildings be permitted to abut existing
sidewalks.
(3) Residential uses must conform to Residential Medium Density Zone development standards.
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3.2.6
Public/Institutional
USE ZONE TABLE: PUBLIC/INSTITUTIONAL
PERMITTED USES
DISCRETIONARY USES
-Institutional/Public Uses -All {4.6) EXCEPT Crematoria (discretionary use
-Club and lodge {4.3.11)
associated with funeral home) including but not limited to: hospitals,
-Outdoor Market {4.3.22)
government offices, educational facilities, convention centres or major
cultural centres, such as Provincial arts and culture centres, recreation
complex, such as an arena, multi-use sports and entertainment centres,
swimming pools; and, personal care facilities {larger than residential
home), such as nursing or senior's homes, family and group care centres;
-Assisted Living-Residential {4.7.8.1)
-Non-profit housing {4.7.8.2)
-Supportive housing {4.7.8.3)
-Emergency shelter {4.7.8.4)
-Transitional housing {4.7.8.5}
-Hostel {4.3.31)
-Uses set out in 3.1.5
DEVELOPMENT STANDARDS: PUBLIC/INSTITUTIONAL (m=metres)
Minimum Standards in Metres (m):
Frontage
15
Front yard (building line)
8
Side yard
5 or 2.4 at the discretion of Council provided the 4 m
emergency vehicle access requirement is met
Flanking yard
8
Rear yard
15
Maximum Standards
Height (m)
18
Coverage(%) including parking lots
45%
Conditions
(1) Development must conform to the requirements of Section 3.1.6
(2) Public/Institutional uses shall be encouraged to locate on arterial and collector roads.
(3) All Public/Institutional developments shall provide information regarding access/egress and on-
site parking and loading details as part of a traffic plan.
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3.2. 7
Commercial General
USE ZONE TABLE : COMMERCIAL GENERAL
PERMITTED USES
DISCRETIONARY USES
- Commercial Land Use Class (4.3}: All Uses, EXCEPT
-Apartment building (4. 7.8) with commercial
Amusement Park/Attraction, Campgrounds, Resort
on main floor
-Assisted Living-Residential (4.7.10.1}
- Institutional/Public Land Use Class-All Uses (4.6}
-Supportive housing (4. 7.10.3}
EXCEPT Cemetery (4.6.1)
-Emergency shelter (4.7.10.4}
-Transitional housing (4. 7.10.5}
-Hostel (4.3.31)
-Uses set out in 3.1.5
-Public Gathering - Indoor (4.6.4)
-Outdoor Storage (6.2.11)
-Light Industrial (4.4.10}
DEVELOPMENT STANDARDS: COMMERCIAL GENERAL (m=metres)
Minimum Standards:
Front yard (building line) (m)
Side yard (m) (See Condition 4)
Flanking yard (m)
Rear yard (m):
Maximum Standards
Height (m)
Conditions
(1) Development must conform to the requirements of Section 3.1.6;
(2) Must submit Planned Unit Development application
4 (Subject to condition 3)
4
4
4
12
(3) Notwithstanding the standards in the Use Zone Table, Council may require the building line setbacks
(building line) of new building to complement the setbacks of existing conforming buildings on
adjoining or nearby lots on the same street and may allow buildings be permitted to abut existing
sidewalks.
(4) Unimpeded emergency vehicle access of 4 metres between buildings, except where buildings are
built with adjoining party walls fence issue.
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3.2.8
Town Centre
USE ZONE TABLE : TOWN CENTRE
PERMITTED USES
-Amusement Establishment use {4.3.1)
-Bar/licenced Liquor establishment {4.3.6}
-Business support service {4.3.8}
-Club and Lodge {4.3.11)
-Custom manufacturing service and sales (4.3.14)
-Garage/public parking/taxi stand {4.3.14)
-General service/repair shop {4.3.16}
-Hotel or Inn {4.3.1)
-Medical or Dental clinic/office {4.3.19}
-Outdoor commercial patio (4.3.21}
-Personal service (4.3.23)
-Office (4.3.24}
-Restaurants {4.3.26}
-Retail {4.3.27}
-Mobile street vendor (non-food} {4.3.31}
-Public Gathering-Indoor {4.6.4}
-Public Gathering-Outdoor {4.6.5) limited to Civic purposes only
-Uses set out in 3.1.5
DEVELOPMENT STANDARDS: TOWN CENTRE
Minimum Standards:
DISCRETIONARY USES
-Apartment building (4. 7.8} with
commercial on main floor
-Protective and Emergency
Services {4.6.3}
-Outdoor market {4.3.22)
(m=metres)
Front yard (building line) (m)
4 (Subject to condition 3)
Side yard (m) (See Condition 4)
4 (Subject to Condition 4)
Flanking yard (m)
Rear yard (m):
Maximum Standards
Height (m)
Conditions
(1) Development must conform to the requirements of Section 3.1.6;
(2) Must submit Planned Unit Development application
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(3) Notwithstanding the standards in the Use Zone Table, Council may require the building line setbacks
(building line) of new building to complement the setbacks of existing conforming buildings on
adjoining or nearby lots on the same street and may allow buildings be permitted to abut existing
sidewalks.
(4) Unimpeded emergency vehicle access of 4 metres between buildings, except where buildings are
built with adjoining party wall.
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3.2.9
Industrial General
USE ZONE TABLE: INDUSTRIAL GENERAL
PERMITTED USES
DISCRETIONARY USES
-Industrial - General {4.4.8}
-Energy Generation Facilities {4.4.5}
-Natural Resource-related Industries
-Wind Turbine Generator {4.4.4}
(4.4.14}
-Industrial- Heavy and Hazardous (4.4.9)
-Contractor- General {4.4.4}
-Solid Waste Recycling/Disposal/Composting Site
-Composting Facility {4.4.3}
(4.4.18}
-Protective and Emergency Services {4.6.3}
-Salvage/Scrap yard {4.4.16}
-Industrial Light {4.4.10}
-Crematorium
-Uses set out in 3.1.5
-Energy Generation facilities
-Retail-only related to primary use in a minor capacity
-Mineral Exploration-development {4.4.12}
DEVELOPMENT STANDARDS: INDUSTRIAL GENERAL (m=metres)
Minimum Standards
Front yard (building line) (m)
10
Side yard. (m)
5
Flanking yard (m)
8
Rear yard (m)
10
Maximum Standards
Height (m)
At discretion of Council (see National Building Code, Fire
Code, or Fire Commissioner's Office)
Conditions
(1) Development must conform to the requirements of Section 3.1.6;
(2) A Planned Unit development application may be required;
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3.2.10
Industrial-Mining
USE ZONE TABLE: INDUSTRIAL MINING
PERMITTED USES
DISCRETIONARY USES
-Industrial - General {4.4.8)
-Energy Generation Facilities {4.4.5)
-Industrial- Heavy and Hazardous {4.4.9)
-Mineral Exploration - development {4.4.12}
-Mineral Working {4.4.13}
-Mining {4.4.14}
-Natural Resource-related Use;
-Onsite Temporary Worker's residence(s) (see condition 2)
-Uses set out in 3.1.5
DEVELOPMENT STANDARDS: INDUSTRIAL MINING (m=metres)
Minimum Standards
Front yard (building line) (m)
10
Side yard. (m)
5
Flanking yard (m)
8
Rear yard (m)
10
Maximum Standards
Height (m)
At discretion of Council (see National Building
Code, Fire Code, or Fire Commissioner's Office)
Conditions
(1) Development must conform to the requirements of Section 3.1.6.
(2) Temporary Worker's Residence(s) shall be located on the Mine Site at the discretion of Council. At
the end of the temporary period, the site shall be restored to its original condition. The Town may
require that the developer enter into a legal agreement with Council to provide financial guarantees
with respect to the terms relating to temporary occupancy and reinstatement of the site upon
expiration of the approved temporary occupancy.
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3.2.11
Waterfront
USE ZONE TABLE: WATERFRONT
PERMITTED USES
DISCRETIONARY USES
-Industrial - General {4.4.8}
Wharves, boats and slips may be
-Fishery-related Use {4.4.6)
developed according to the Water
-Marina {4.3.18}
Resource Management Division Policy:
-Uses set out in 3.1.5
Policy for Development in Shore Water
Zones;
DEVELOPMENT STANDARDS: WATERFRONT (m=metres)
Minimum Standards
Front yard (building line) (m)
6
Side yard. (m)
5
Flanking yard (m)
8
Rear yard (m)
10
Maximum Standards
Height (m)
At discretion of Council (see National Building
Code, Fire Code, or Fire Commissioner's Office)
Conditions
(1) Development must conform to the requirements of Section 3.1.6.
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3.2.12
Rural Zone
USE ZONE TABLE : RURAL ZONE
PERMITTED USES
DISCRETIONARY USES
-Commercial Agriculture (4.2.1)
-Veterinary Clinic {4.3.30)
-Hobby Farm {4.2.6)
-Outdoor Market {4.3.22)
-Forestry Activities {4.4.7)
-Cemetery {4.6.1)
-Mineral Working {4.4.13)
-Campground {4.3.9)
-Natural Resource-Related industries
-Cottage {4.7.6)
-Contractor- General {4.4.4)
-Public Gathering - Indoor {4.6.4)
-Domestic Sawmill {5.1.5)
-Public Gathering - Outdoor {4.6.5)
-Protective and Emergency Services {4.6.3)
-Amusement Park/Attraction {4.3.1)
-Resort (4.2.25)
-Service Station (4.3.29)
-Mineral Exploration - development {4.4.12)
-Kennel {4.2.2.4)
-Uses set out in 3.1.5
-Marina {4.3.18)
-Solid waste recycling/disposal and composting
{4.4.17)
-In the Rural zone, residences are only allowed
as a subsidiary use in situations where a farm or
forestry in the primary use
Conditions
(1) Development must conform to the requirements of Section 3.1.6;
(2) Any applications within the Agricultural Development Area must be referred to the Land Resource
Stewardship Division
(3) No municipal services shall be provided. However, the Town may allow a connection where the
development is immediately adjacent to the service, and the Town deems the connection necessary.
(4) The Development standards are at the discretion of Council.
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3.2.13 Environmental Protection
USE ZONE TABLE: ENVIRONMENTAL PROTECTION
-
PERMITTED USES
DISCRETIONARY USES
-Environmental Protection (4.5.1)
- Uses as permitted under the provincial policy W. R. 97-1
- Municipal wastewater (sewer)
provided by the Water Resources Management Division:
treatment facility
marinas, boathouses, jetties, wharves, moorings and
-Uses set out in 3.1.5
other docking facilities and the extension and upgrading
of existing buildings; Open Space, Recreation and Trails
uses and campground; Mineral exploration-
'development'; Forest activities-domestic harvest only;
Conditions
(1) Development must conform to the requirements of Section 3.1.6;
(2) Any development within a specified distance of a designated trail or water course shall be reviewed
to ensure that development does not negatively impact such trail or watercourse and the property
owner may be required by the Town to provide a buffer.
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3.2.14
Open Space, Parks and Trails
USE ZONE TABLE: OPEN SPACE, PARKS AND TRAILS
PERMITTED USES
DISCRETIONARY USES
-Conservation -All uses (4.5)
-Public gathering places-outdoor (4.6.5}
-Uses set out in 3.1.5
-Restaurant-mobile take-out/street vendor only (4.3.26}
-Outdoor Market (4.3.22}
Conditions
(1) Development must conform to the requirements of Section 3.1.6;
(2) Development standards for Open Space, Parks and Trails are at the discretion of Council;
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3.2.15
Protected Water Supply
USE ZONE TABLE
PROTECTED WATER SUPPLY
(See Condition (1)
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
-Environmental Protection {4.5.1)
-Cottage {4.7.8)
-Mineral Working {4.4.13)
-Forestry {4.4.7)
-Minero/ Exploration - development {4.4.12}
-Commercial Agriculture (4.2.1}
-Resort {4.3.25)
-Uses set out in 3.1.5
Conditions:
(1) Uses set out in 3.1.5 -All Permitted and Discretionary Uses must be consistent with the 'Policy
Directive on Land and Water Development in Protected Public Water Supply Areas' by the Water
Resource Management Division;
(2) Uses set out in 3.1.5 All land use and development activities within a designated Protected Water
Supply under the Water Resources Act, 2002 must be referred to the Water Resources Division of
the provincial government for review and approval. No development is allowed without Water
Resources approval. Refer to sections 4.1.10 Water Body Protection for more information regarding
provincial government requirements.
(3) Any work within this designated Protected Public Water Supply Area must comply with this
Department's Policy for Land and Water Related Developments in Protected Public Water Supply
Areas.
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3.2.16
Urban/Rural Buffer Zone
USE ZONE TABLE : URBAN/RURAL BUFFER ZONE
PERMITTED USES
DISCRETIONARY USES
-Forestry Activities {4.4. 7} -domestic harvesting
only
-Uses set out in 3.1.5
Conditions
(1) Development must conform to the requirements of Section 3.1.6;
(2) The Development standards are at the discretion of Council.
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4.0
LAND USE DEFINITIONS AND REGULATIONS
4.1
INTERPRETATION
The land use definitions provide a description of the use or development in terms of its structural form
and level of activity generated in terms of pedestrian or vehicular traffic, noise, visual appearance, and
any other considerations that constitute the impact the neighbourhood, street or zone in which it
occurs. The examples provided are not intended to be exhaustive so that if a new use with a modern
'label' fits a category of use defined under a land use class, Council may apply the relevant the
regulations and conditions accordingly.
Wherever possible, the goal was to achieve consistency with federal and provincial terminology and
definitions.
4.2
AGRICULTURE LAND USE CLASS
4.2.1
Commercial Agriculture
Definition: Commercial Agriculture means a farm operation as specified in the Farm Practices Protection
Act, 2000.
Conditions:
1) No structure for a Livestock and Poultry Farm Operation shall be erected or used unless it complies
with the following conditions. {Environmental Farm Practices Guidelines for Livestock Producers in
Newfoundland and Labrador and Environmental Farm Practices Guidelines for Poultry Producers in
Newfoundland and Labrador);
2) The structure shall be at least 600 metres from:
a.
a residence (except a farm residence or a residence which is a nonconforming use in any zone in
which agriculture is a permitted use class in the Use Zone Schedules of these Regulations),
b. an area designated for residential use in an approved Plan, and
c.
a Provincial or Federal Park.
3) The structure shall be at least 45 metres from the boundary of the property on which it is to be
erected.
4) The structure shall be at least 90 metres from the centre line of a street.
S) The erection of the structure shall be approved by the Land Resource Stewardship Resource Division,
Government of Newfoundland and Labrador.
6) Manure storage must be located 100 metres from the boundary of the property; Service NL must
approve all manure systems
7) No development for residential use shall be permitted within 600 metres of an existing structure
designed to contain more than five animal units unless the development is first approved by the Land
Resource Stewardship Resource Division, Government of Newfoundland and Labrador.
8) Approvals must be obtained from the Land Resource Stewardship Resource Division, Government of
Newfoundland and Labrador for any commercial farming operation.
9) The Town, in its discretion, may refuse to issue a permit for an agricultural operation where in its
opinion the use is likely to create an environmental hazard or a nuisance to residences in the general
vicinity of the proposed agricultural use.
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4.2.2
Urban Agriculture
Definition: Urban Agriculture means non-farm operation agricultural activities that are compatible
within a developed urban setting, such as some residential and mixed-use zones, and includes, but is not
limited to, horticulture, vegetable growing, fruit growing, and the use of land as market gardens, nursery
grounds, and community gardens, and the keeping of domestic animals, such and livestock, poultry and
dogs.
4.2.2.1
General Conditions
1) Urban agricultural uses must meet the requirements for a home business (refer to section 5.3
below);
2} A permit is not required for any residential market garden or home gardening that does not involve
permanent structures, on-site sales, or keeping of animals.
4.2.2.2
Community Garden
A community garden use shall be subject to the following conditions:
1) Community gardens are to be maintained in a neat and tidy fashion; and
2) All disturbed areas not comprising the area of the community garden are to be reinstated with a
minimum of grass sods to the satisfaction of the Town.
4.2.2.3
Keeping of Animals
The following standards apply to fowl and rabbits in Residential and Mixed Use zones:
The following standards apply regarding the number of animals:
1) For every 0.4 hectare (with a minimum of 0.4 hectares) the following is allowed (including a
combination):
i. 12 head of poultry (excluding roosters);
ii. 12 rabbits;
2) Rear yard and side yard setbacks for buildings that house farm animals is 7.5 metres and for the
front yard the setback is 36 metres;
3) On lots smaller than 0.4 hectares, but greater than 550 m2: 6 chickens, no roosters; no more
than 2 adult rabbits at any given time; potbelly pig-1; or 1 goat;
4) Caring for Livestock: Owners of domestic animals must ensure that the animals are contained
(through fencing, etc.) on their property. All animal owners are responsible for the care and
welfare of the animals they own. This includes providing adequate food, water, shelter,
veterinary care and living conditions. The town reserves the right to establish minimum
standards. Should town receive a complaint, the town shall contact the appropriate authority.
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4.2.2.4
Kennel
Definition: Kennel means a building or portion thereof used for the keeping or boarding of more than
eight (8) domestic animals, excluding livestock, kept for the purposes of commercial breeding or
showing, or for personal use, with or without veterinary care, and includes an animal shelter.
Conditions:
1) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
2) The outside perimeter of all areas related to the kennel where animals are kept shall be enclosed by
a solid fence or fence and a solid hedge at least 1.8 metres in height to screen the areas from
adjacent properties;
3) The kennel must be located on a lot of 2 hectares or more;
4) All buildings related to the kennel should contain at least 8 cm of insulation in all exterior walls and
ceiling for the purpose of soundproofing;
5) All buildings, pens and runs shall be sited not less than 15 metres from any property line, and 90
metres from any residence except the kennel site; and,
6) Council shall be satisfied that the kennel shall not impact upon surrounding residential
neighbourhoods.
4.2.2.5 Hobby Farm
Definition: Hobby Farm means a small farm that is maintained without expectation of being a primary
source of income. Some are merely to provide some recreational land, and perhaps a few horses for the
family's children. Others are managed as working farms for sideline income, or are even run at an
ongoing loss as a lifestyle choice by people with the means to do so, functioning more like a country
home than a business. Hobby farms are allowed in the Rural zone.
Condition: Subject to the requirement of the Land Resource Stewardship Division.
4.3
COMMERCIAL LAND USE CLASS
This class includes land uses and development for activities providing for the sale of goods and services.
Generally, the Use Zone standards apply; however, as required, specific conditions are tailored to the
activity and associated traffic in order to address public health, safety and conservation issues and
achieve the intent of the community of the land use zone in which the activity is located.
4.3.1
Amusement Establishment/Use
Definition: Amusement establishment use means the use of land or a building or a part thereof used by
the public for indoor non-sport games, including but are not limited to, billiard and pool halls, bingo hall,
mechanical amusement games (more than three game machines), video games. It does not include
those on the premises of a hotel or bar.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Must address traffic access/egress and on-site movement as well as parking;
3) For a temporary permit, must address site rehabilitation after event;
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4.3.2
Amusement Park/ Attraction
Definition: Amusement Park/attraction means an outdoor area where buildings or structures may be
permanently or temporarily erected for the purpose of amusement, entertainment or education of a
large number of people; including but are not limited to, a circus, carnival, midway show, race-track,
sideshow, fairgrounds, or similar exhibition which may have mechanically or electrically operated
amusement rides or games, and theme parks.
Conditions:
1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4);
2) Must meet Use Zone Site Development Standards and conditions or except for temporary
amusement operations;
3) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4.3.3
Auto Body Shop:
Definition: An auto body shop consists of a building or a clearly defined space on a lot used for the
storage and repair of motor vehicles including body repair, painting and detailing, but does not include a
service station or an automobile repair shop or an automotive sales establishment.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Must be of 20 metres from a residential lot;
3) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4) There shall be no outdoor storage of inoperable vehicles on the premises and no scrapping of
vehicles shall be permitted;
5) Must apply measures to minimize any noise, spray or fumes through the installation of appropriate
equipment; and all waste fluids and t ires shall be disposed of in accordance with applicable provincial
regulations;
6) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties; and,
7) A parking area abutting a residential lot should be appropriately screened by a fence, wall, or hedge
of height of about 2.4 metres and located a minimum distance of 1 metres from the edge of the
parking area.
4.3.4
Automotive Repair Shop
Definition: An automotive repair shop means a development for the servicing and repair of motor
vehicles. This definition includes but is not limited to transmission repair shops, muffler repair shops, tire
shops, automotive glass shops, auto body repair, painting and detailing, and automotive upholstery
shops, but does not include an automotive sales establishment, a service station, or salvage or wrecking
and recycling yard.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
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2) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
3) There shall be no outdoor storage of inoperable vehicles on the premises and no scrapping of
vehicles shall be permitted;
4) Outline measures to minimize any noise, spray or fumes through the installation of appropriate
equipment; and all waste fluids and tires shall be disposed of in accordance with applicable provincial
regulations;
5) A minimum buffer between residential use and vehicle repair, body repair, car wash shall not be
located closer than 20 metres from residential use; and,
6) A parking area abutting a residential lot should be appropriately screened by a fence, wall, or hedge
of height not less than 1 metres and located a minimum distance of 1 metres from the edge of the
parking area.
4.3.5
Automotive Sales and Service Establishment
Definition: An automotive sales and service establishment means a lot, building or structure used for
the display and sale of new or new and used motor vehicles, including trucks and mobile homes; and
may include the servicing, repair, cleaning, polishing, and lubrication of motor vehicles; the sale of
automotive accessories and related products; and the leasing or renting of motor vehicles.
Conditions:
1) The developer shall submit to Council an acceptable Planned Unit Development application (2.2.2 &
2.2.4), which shall include the following:
a.
the number and location of parking spaces,
b.
ingress and egress of the parking lot,
c.
motor vehicle circulation pattern around the lot,
d. location of any building on the lot,
e. area to be landscaped and screened and the type of landscaping to be used, and
f.
customer parking in accordance with these regulations.
2) The automotive sales use should have a principal building on the lot in which the business is
conducted. The principal building shall include washroom facilities and should be connected to
municipal water and sewer services where such services exist. Where municipal water and sewer
services do not exist, the washroom facilities of the principal building be approved by and meet the
requirements of the Service NL.
3) The automotive sales lot should be paved and should provide drainage, lighting, curbs, and
landscaping in accordance with the requirements of Council;
4) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
5) The automotive sales use shall be properly licensed by the Provincial Government prior to the use
commencing.
4.3.6
Bar/Licensed Liquor Establishment
Definition: A Bar means a development licensed for the sale of alcoholic beverages to the public, for
consumption within the premises and where entertainment and meals may be provided. Typical Uses
include but are not limited to, dance clubs, cabarets, nightclubs, lounges, tavern, neighbourhood pubs
and bars, brewpubs, beverage rooms, private clubs, cocktail lounges, and similar uses.
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Conditions:
1) Must meet Use Zone Site Development Standards and conditions; and,
2) Recommend consideration of a separation distance of 100 m from a residential lot;
3) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4.3. 7
Building Supply Store
Definition: A Building supply store means a building or land on which building and construction supplies
and home improvement materials are kept for sale.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions; and,
2) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
3) Recommend that storage of supplies is appropriately screened and/or fenced in order to prevent
unsightly property.
4.3.8
Business Support Service
Definition: A Business support service means development used to provide support services to
businesses which are characterized by one or more of the following features: the use of mechanical
equipment for printing, duplicating, binding or photographic processing; the provision of office
maintenance, custodial or security service, and the sale, rental, repair or servicing of office equipment,
furniture and machines.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions
2) Standard: Appropriate noise and separation measures shall be incorporated into the development to
reduce noise impact on surrounding properties;
4.3.9
Campground, including RV campgrounds
Definition: Campground (including RV campgrounds) means a public or privately-operated facility
offering overnight to seasonal camping experiences for 3 or more tent sites or serviced recreational
vehicle sites, associated rental cabins, and including accessory administrative offices, convenience store,
laundry facilities, sanitary facilities, recreational hall and associated recreational uses that cater to short-
term guests, not to year-round residents and does not include industrial, work or construction camps or
permanent mobile home or mini-home parks;
Conditions:
1) A proposed campground, including trailer and Recreational Vehicle park, shall require a Planned Unit
Development application (2.2.2 & 2.2.4) satisfactory to Council containing the following information:
a.
Location and size of camp and trailer sites
b. Internal roads and accesses and parking areas
c.
Parking areas for proposed campground
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d. Accessory uses such as laundry facilities, storage areas, washrooms, showers, convenience
store, staff accommodations, and outdoor and indoor recreation facilities
e. Water supply and waste disposal
f.
Landscaping for proposed campground
g.
Buffers and screening between the site and other nearby land uses
h.
Delineation of the property to be developed on a legal survey
i.
Where deemed necessary by Council, a phasing plan for development.
j.
On-site water and sewer services must meet minimum standards required by Council and
relevant Provincial agencies.
k.
Washroom facilities, recreational areas, parking areas, and similar facilities directly
associated with the development shall not be located on separate properties.
2) All camp sites and on-site facilities that form part of the development shall be accessible only via the
internal road network of the development.
3) The development permit shall specify the maximum number of campsites for different uses such as
tents, trailers, and RVs that shall be permitted on the site.
4) No expansion or alteration of a campground, other than repairs and maintenance, shall take place
without the approval of Council.
5) The operation shall comply with all regulations of Council pertaining to noise and unruly behaviour.
6) Where deemed necessary by Council, a deposit sufficient to cover the cost of buffers and screening
shall be deposited with Council until the work is completed in accordance with the approved plan.
4.3.10 Child Care - Non-residential (Note: residential child care is under Home Business)
Definition: Child care - Non-residential means a building or part of a building in which personal care
services are regularly provided to children for group day care, family day care, pre-school, play school,
out-of-school care, specialized day care, and emergency day care, all as licensed and regulated by the
Province of Newfoundland and Labrador, but does not include a school as defined by the Schools Act,
1997. (Note: child care - residential is found in section 5.4)
Conditions:
1) A Child Care Centre shall be duly licensed and approved, staffed, equipped and operated in
accordance with the requirements of the agencies having jurisdiction or authority;
2) The section of the street on which the use is located allows sufficient area and sight distance for the
safe and convenient drop off and pick up of children without hindering the safety and convenience
of vehicular and pedestrian traffic on the street, or the development provides adequate off-street
drop off or pick-up spaces satisfactory to Council; and,
3) The use must be compatible with nearby uses.
4.3.11
Club and Lodge
Definition: Club and Lodge means a building or structure used by a non-profit association or
organization for fraternal, social, or recreational purposes, including but not limited to such examples as,
the Lion's Club, Kinsmen Club. A club or lodge can also be an Accessory Use (refer to sub-section 5.1)
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) A Club or lodge can also be an Accessory Building (refer to section 5)
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4.3.12 Contractor, limited (Small}
Definition: Contractor, limited (small) means a building or part thereof providing services for electrical,
plumbing, heating, painting and similar contractor services to individual households including accessory
sale of goods associated with this service where and there is no accessory manufacturing or fleet of
vehicles consisting of more than 4 vehicles.
Conditions:
1)
Must meet Use Zone Site Development Standards and conditions;
2)
Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
3)
Recommend that all materials are within an enclosed building
4.3.13 Convenience Store
Definition: Convenience store means a building which is used as a retail store providing a range of
household and grocery items, and may include, but not limited to, postal services, take-out, and may be
licensed to sell alcohol, but is not a supermarket. The convenience store may also be a subsidiary use
within a primary use, such as a service station.
Conditions:
1) The store may form part of, or be attached to, a dwelling unit or be a stand-alone building;
2) The retail use shall be subsidiary to the residential character of the area and shall not affect
residential amenities or adjoining properties;
3) The take-out use shall be subject to the conditions set out in 4.3.26.1;
4) Adequate provision for on-site parking, loading, buffering and landscaping must be provided;
5) The hours of operation are appropriate to the nature of the building and surrounding
neighbourhood and the operation does not create a nuisance.
6) Must meet Use Zone Site Development Standards and conditions;
7) A Take Out associated with a convenience store should be subject to the following standards:
-
A Take-Out Food Use should have a parking area or stacking lane with a minimum length
before the pick-up window, as determined by Council during the review of the application
based on the anticipated on the level of traffic to be generated as indicated in the
application;
a. Order boards and signage shall be designed to minimize impact on adjacent residential or
public/ institutional uses.
b. As determined by Council: A buffer consisting of a sound-proof fence and landscaping may
be required adjacent to residential uses. A fence, berm, and landscaping or a combination
of these elements shall be used to reduce headlight glare, lighting, and noise from the Take
Out; garbage receptacles shall be placed either before the pick-up window or after the
pickup window.
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4.3.14
Custom Manufacturing Service and Sales (small/artisan)
Definition: Custom manufacturing service (small/artisan) means a building where goods are stored,
produced, assembled, or repaired to consumer specifications and sold at retail on the premises and may
include, but not limited to, welding, sheet metal, woodworking, flooring and tile contractors, and
machine shop.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4.3.15
Garage, Public parking /taxi stand
Definition: Garage, public parking/taxi stand means a building or area other than a private garage
where motor vehicles are kept or stored for remuneration which does not include any automatic car
washing establishment, a motor vehicle sales establishment or an automobile service station.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Recommend that it is located 20 metres from residential uses; and appropriate noise and separation
measures shall be incorporated into the development to reduce noise impact on surrounding
properties;
4.3.16
General Service/Repair Shop
Definition: General Service/repair shop means an outlet for servicing, repairing, installing, or renting
items and equipment, without limiting the generality of the foregoing, includes but is not limited to the
following examples, radio, television, and computer service and repair shops; locksmith shops; small
appliance service or repair shops; household and limited contractor service or repair shops; tools and
equipment rental shops.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions
2) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties.
4.3.17
Hotel or Inn
Definition: Hotel or Inn means a commercial establishment offering lodging and guest services to
travelers and sometimes to permanent residents, and may have restaurants, meeting rooms, conference
facilities, a lounge, stores, etc., that are available to the general public. In general, to be called a hotel
(not a bed and breakfast), an establishment must have a minimum of five letting rooms accessed from
within the building, at least three of which must have ensuite private bathroom facilities.
Conditions:
1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4);
2) Must meet Use Zone Site Development Standards and conditions
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3) The Hotel or Inn must be registered and approved by the Government of Newfoundland and
Labrador.
4) A Hotel or Inn is for temporary accommodation. The unit is not a place of residence or dwelling.
Units may be rented on a temporary basis but not as an open-ended monthly apartment.
5) The Hotel or Inn shall contain a lobby with a front desk and office, along with a maintenance,
housekeeping and laundry room(s) large enough to accommodate the needs of the commercial-
residence.
6) Housekeeping services including cleaning, provision of clean linen and towels (daily or weekly) shall
be provided. Hostels may additionally offer organized and managed cooperative cleaning and
cooperative kitchen.
7) Access to units shall be through or associated with a clearly defined lobby. Exterior access to units
can be provided as long as access to each unit is from a common parking lot on the site,
8) Units shall not have individual driveways to the street. Parking shall be provided in a parking lot with
parking spaces and aisles and access for the overall parking lot to the street.
9) The Hotel or Inn shall have an overall cohesive design including a prominent lobby, pleasant
appearance from the street, clear parking lot street entrance and design with a dust free surface,
and landscaping (trees, shrubs, lawn) in setbacks and open areas.
10) There shall not be separate utility connections or utility billing or addressing for individual rooms.
4.3.18
Marina
Definition: Marina means a dock or basin together with associated facilities where slips, moorings,
supplies, repairs, and other services that are typically available for boats and other watercraft, including
storage, sales and rentals, with or without a club house and catering facilities. It can also include a boat-
house or shed associated with a dock or wharf.
Conditions:
1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4)
2) Must meet Use Zone Site Development Standards and conditions
3) Provide and maintain public access to the shoreline via a walkway, path or trail, located, designed
and constructed to the satisfaction of the Council
4) Parking shall be provided for both vehicles and boat trailers with adequate turning areas within the
parking lot;
5) Outdoor storage areas for boats or other equipment should be landscaped and screened to the
requirements of the Council;
6) Marinas should be serviced with a supply of potable water and facilities for the collection and
disposal of wastewater in a manner acceptable to the Council;
7) Wharf/Boathouse/Slipway/Breakwater structures shall follow the guidelines for the Construction and
Maintenance of Wharves, Breakwaters, Slipways and Boathouses which are available at:
http://www.env.gov. nl.ca/ env /wate rres/ regulations/a ppforms/G u idelines _for_ Wharves. pd
8) The Applicant must obtain a permit under of the Water Resources Act, 2002 under Section 48 for any
infilling or dredging work associated with these structures or other works near or in any body of
water prior to the start of construction. Contact: Manager, Water Rights & Investigations Section -
(709) 729-4795
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4.3.19
Medical or Dental Clinic/Office
Definition: Medical or dental clinic/office means a building or part thereof used by qualified physicians,
dentists, osteopaths, counselors, or other drugless practitioners, including their staff and patients, for
the purpose of out-patient consultation, diagnosis and office treatment. A medical clinic may include
accessory uses such as waiting and treatment rooms, laboratories, dispensaries and administrative
offices. A medical clinic does not includ~ accommodation for overnight patient care or operating room
facilities.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions
4.3.20
Motel
Definition: Motel means an establishment providing accommodation for travelers or the transient
public that consists of one or more than one building containing four or more attached accommodation
units accessible from the exterior only and may or may not have facilities for serving meals.
Conditions:
1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4.)
2) Must meet Use Zone Site Development Standards and conditions.
3) The Motel must be approved by the Government of Newfoundland and Labrador.
4) Units may be rented on a temporary basis but not as an open-ended monthly apartment.
5) A Motel unit is for temporary accommodation. The unit is not a place of residence or dwelling. No
individual can abide in the units in a particular Motel for more than three months out of every
calendar year.
6) Housekeeping services including cleaning, provision of clean linen and towels (daily or weekly) shall
be provided.
7) Access to units may be through or associated with a clearly defined lobby. Exterior access to units
can be provided as long as access to each unit is from a common parking lot on the site,
8) Units shall not have individual driveways to the street. Parking shall be provided in a parking lot with
parking spaces and aisles and access for the overall parking lot to the street.
9) The Motel shall have an overall cohesive design including a prominent lobby, pleasant appearance
from the street, clear parking lot street entrance and design with a dust free surface, and
landscaping (trees, shrubs, lawn) in setbacks and open areas.
10) There shall not be separate utility connections or utility billing or addressing for individual rooms.
4.3.21
Outdoor Commercial Patio
Definition: Outdoor commercial patio means any outdoor area used in conjunction with any
establishment licensed under the Liquor Control Act, 1990 where meals or refreshments are served to
the public for consumption on the premises.
Conditions:
1) An outdoor commercial patio should not accommodate more than SO percent (50%) of the licensed
capacity of the restaurant with which the patio is associated, or 50 persons, whichever is the
greater.
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2) It is recommended that no outdoor commercial patio should be permitted in any yard facing or
abutting a residential zone or abutting a yard or lane facing or abutting a residential zone unless:
a.
it is located a minimum of 30 m from the residential zone; and
b. it is screened and physically separated from the residential zone by a building, structure or
wall that is at least 2 metres in height so that noise from the outdoor patio is mitigated.
3) Unless otherwise determined by Council, an outdoor commercial patio should have a minimum
setback of 1.5 metres from any lot line.
4) The location of an outdoor commercial patio on a lot should not obstruct the view or path of
pedestrian and vehicular traffic that accesses or egresses to or from a street onto or out of the lot.
5) The outdoor commercial patio must not encroach on or eliminate any required parking or loading
space, driveway or aisle for the lot on which it is located.
6) The outdoor commercial patio shall be so located on the lot as to not interfere with snow clearing
and snow operations of Council.
7) No outdoor commercial patio should be located above the elevation of the floor of the first storey of
the principal building where the lot adjoins a residential use zone.
8) Any outdoor lighting should be directed toward or onto the outdoor commercial patio area and
away from adjoining properties and streets.
9) Parking spaces should be required for the gross floor area associated with the outdoor commercial
patio use at the same ratio as for restaurants.
4.3.22
Outdoor Market
Definition: Outdoor market means the sale of goods or products at an open property with no
permanent buildings; temporary facilities or open stalls may be used to hold and display the goods being
sold. Examples may include, but are not limited to, farmers markets, fish market, flea markets or other
types of goods.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
3) Requires sufficient off street/highway parking for customers and ensure that the sight lines (visual)
or sign distance at any intersection is not obstructed.
4.3.23
Personal Service
Definition: Personal service means a building or part of a building used for the provision of personal
services to an individual which are related to the care and appearance of the body, or the cleaning and
repair of personal effects; and where the sale of retail of goods, wares, merchandise, articles, or things is
only accessory to the provisions of such service. Examples include, but are not limited to, barbershops,
hairdressers, beauty salons, health and wellness centres/spas, tanning salons, tattoo parlours, tailors,
dressmakers, photography studio, music studio, tattoo ship, handmade crafts, shoe repair shops, and
dry-cleaning establishments and laundromats. This Use Class does not include medical and dental clinics
and excludes any manufacturing or fabrication of goods for sale.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions
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4.3.24
Offices: Professional, Financial and Associated Support Services
Definition: Offices (professional, financial and associated support services) means development
primarily used for the provision of professional, management, administrative, consulting, and financial
services, but does not include medical or dental clinics or government services. Typical Uses include, but
are not limited to: the offices of lawyers, accountants, engineers, and architects; offices for real estate
and insurance firms; clerical, secretarial, employment, telephone answering, and similar office support
services; and banks, credit unions, loan offices and similar financial uses.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions
4.3.25
Resort - Tourist Establishment
Definition: Resort means the use of land, buildings and structures that may provide sleeping
accommodations, communal or individual facilities for cooking and serving of meals for guests or a
restaurant and provide recreation uses, such as golfing, tennis, lawn bowling, marinas, health spa,
swimming pools, angling and other watersport activities, hunting and recreational shooting, cross-
country skiing, sightseeing, camping, hiking, indoor recreational activities and other similar uses, plus
gift and craft shops and the furnishing of equipment, supplies or services to guests in connection with
any of the foregoing activities and may include accommodation for the operator and staff. This category
also includes commercial rental cottages or a tourist cabin development.
Conditions:
1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4)
2) Must meet Use Zone Site Development Standards and conditions
4.3.26
Restaurants
4.3.26.1 Drive-Through and Take-Out
Definition: Restaurant -drive-through and take-out means a building designed to allow drivers to remain
in their vehicles before and during an activity on the site. Food and drink are prepared then sold to the
public for immediate consumption either within an eating area inside or outside of the building or within
the patron's own motor vehicle onsite, or for elsewhere off the premises it may include a seating area
for in-house consumption and parking for in-house patrons. It is not licensed to sell alcoholic beverages.
Conditions:
1) Council may require the applicant to undertake a Planning Impact Assessment to assess the impact
of the proposed Drive-Through Use and mitigation measures where the Drive-Through Use is in close
proximity to residential uses.
2) A Drive-Through Restaurant should have a stacking lane with a minimum length before the pick-up
window, as determined by Council based on the projected level of traffic to be generated by the
drive-through use as listed below, and the stacking lane length may be modified on the basis of the
recommendations of a Planning Impact Assessment. Drive-through stacking lanes should not be
located between the street and the building.
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3) Drive-through stacking lanes shall be located away from adjacent residential and institutional uses
whenever possible and no drive-through stacking lane, order window, or order board should be
located within 3 metres of a lot line abutting a residential use.
4) Drive-through stacking lanes should be separated by raised islands, be well signed to provide for
ease of use and located so as to avoid crisscrossing of lanes.
5) Order boards with an intercom shall be designed to minimize noise impact on adjacent residential or
institutional uses.
6) A buffer consisting of a sound-proof fence and landscaping should be provided adjacent to
residential uses. A fence, berm, and landscaping or a combination of these elements should be used
to reduce headlight glare, order board lighting, and noise from the Drive-Through Use. Garbage
receptacles should be placed either before the pick-up window or after the pickup window as
determined by Council.
7) If the use of any land, building or structure is composed of a combination of Drive-Through Use and
any one or more other uses, those uses should not be construed as accessory to one another and all
provisions pertaining to each use shall apply.
8) Must meet Use Zone Site Development Standards and conditions
9) Required to submit a Planned Unit Development (2.2.2 & 2.2.4)
4.3.26.2 Full-Service Restaurant
Definition: Restaurant-full service means a building or part of a building wherein the primary purpose is
the preparation of food for sale to the public y for consumption within the building and may include a
take-out area. It is characterized by the provision of table service, including buffet service and may also
be licensed to serve alcoholic beverages.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions
2) Refer to Outdoor Commercial Patio for standards related to outdoor areas
4.3.26.3 Mobile Take-Out or Street Vendor
Definition: Restaurant-mobile take-out or street vendor means a mobile food preparation motorized
vehicle or non-motorized cart offering food and non-alcoholic beverages for immediate consumption
that subject to the requirements of the Municipalities Act, 1999 and the Highway Traffic Act, 1990.
Conditions:
The use of land for the parking of a vehicle or trailer for a period of time for vending purposes, including
the sale of refreshment shall be subject to the following conditions:
1) The parking of a vehicle or trailer for vending or office purposes should only be permitted as a
subsidiary use on a lot with an existing principal building.
2) The parking of a vehicle or trailer shall not be located on any required landscaped yards.
3) The parking of a vehicle or trailer shall only be permitted if the lot has a sufficient parking area to
accommodate the parking requirements of the principal building or use on the lot and the subsidiary
vehicle or trailer use with its associated parking.
4) The parking of a vehicle or trailer shall not hinder lot access or egress or create an obstruction to
vehicles entering or exiting the lot.
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5) If a vehicle or trailer is used for the purpose of the preparation, cooking, and/or sale of food and/or
refreshments, the following approvals are required prior to the placement of the vehicle or trailer on
the lot:
a. approval from the Fire Department regarding the appliances to be used and the required fire
suppression measures, and
b. approval from the Service NL regarding the storage and preparation of food and/or
refreshments.
6) A vehicle or trailer may be required to provide, or have access to, washroom facilities as determined
by Council.
7) Council shall limit the length of the Development Permit to a maximum of one year and the permit
may be renewed on an annual basis if the applicant wishes to continue the use.
4.3.27
Retail
Definition: Retail means a building or part of a building used for the retail or consignment sale of goods,
wares, substances, or merchandise directly to the public within an enclosed building, including, but not
limited to, a drug store, bakery appliance or clothing store or art studio and shop. This use class does not
include the sale of gasoline, heavy agricultural and industrial equipment, wholesale goods, automotive
and recreation vehicle sales/rentals, flea market, gas bars, greenhouses, plant nurseries and market
gardens, service stations, and box store or warehouse sales. Accessory uses may include the assembly or
repair of products sold on site or public services such as postal services or pharmacy.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions
4.3.28
Shopping Centres/ Retail Warehouse/Strip Mall:
Definition: Shopping Centres/Retail Warehouse means a large single-level individual store with a
minimum of 1000 m2 gross retail floor space or a condominium-style row development of stores (strip
mall) normally selling goods such as Do-It-Yourself goods, building supplies, furniture, electrical goods,
carpets and gardening goods, offices, and box stores with car parking.
Conditions:
1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4)
2) Must meet Use Zone Site Development Standards and conditions
4.3.29
Service Station
Definition: Service Station means land or building used exclusively for the sale/installation of petroleum
products (oil or lubricant change) and may include minor repair to vehicles, cleaning and maintenance
essential to the actual operation of vehicles, and the sale of automotive accessories; but does not
include an automotive body repair shop, automotive sales establishment. Service stations are classified
as: Residential or Highway as outlined below.
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Conditions that apply to both Residential and Highway Service Stations:
Minimum Standards for all Service Stations and Gas Bars, notwithstanding the development standards of
the Use Zone in which a service station or gas bar is located, a service station and/or gas bar shall be
subject to the following conditions:
1) All gasoline pumps shall be located on pump islands designed for such purpose, and to which
automobiles may gain access from either side, except in the case of propane, diesel, and kerosene
pumps, which may access from one side;
2) Pump islands and canopies shall be set back at least 4 metres from the required landscaped front or
side yards;
3) Accesses should 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;
4) Surface runoff shall be directed to an oil/water separator before being discharged into a storm
sewer or other drainage system.
S)
Minimum of 2 access points for access/egress.
6) Landscaping required along front and exterior lot lines.
7) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4)
4.3.29.1 Service Station - Residential
Definition: Service Station-Residential is a Service Station as defined above which may have a
convenience store, snack bar or drive-through or take-out restaurant subordinate to the main use but is
not a truck stop (as in a Service Station - Highway).
Condition:
1)
All Service station requirements apply;
4.3.29.2 Service Station -Highway
Definition: Service Station-Highway means a Service Station which includes a full restaurant,
convenience store and other services for the travelling public; and may include a truck stop and services
for transport trucks.
Conditions:
1) All Service station requirements apply;
2) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4); and,
3) Provide adequate separation of areas intended primarily for trucks from areas for cars, buses,
recreational vehicles, vehicle washes, repair areas, trash enclosure areas and other traveler services
waste dumping, passive recreation and structures such as a visitor informat ion centre.
4.3.30
Veterinarian Clinic
Definition: Veterinarian Clinic means a building, structure or parts thereof where one or more
registered veterinarian surgeons including associated staff provide examinations and surgical or medical
treatment to domestic pets, animals or livestock, and may include treatment rooms, laboratories,
dispensaries and associated office
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Conditions:
1) Must meet Use Zone Site Development Standards and conditions
2) Facilities for the overnight care of animals undergoing treatment may be permitted indoors and is
considered incidental to the hospital use.
3) A kennel is not permitted in association with a veterinarian clinic.
4.3.31
Mobile Street Vendor (non-food) or office
Definition: A street vendor means a mobile vehicle or non-motorized cart merchandise under the
Municipalities Act, 1999 and the Highway Traffic Act, 1990.
Conditions:
The use of land for the parking of a vehicle or trailer for a period of time for vending purposes, including
the sale of refreshment shall be subject to the following conditions:
1) The parking of a vehicle or trailer for selling or office purposes should only be permitted as a
subsidiary use on a lot with an existing principal building.
2) The parking of a vehicle or trailer shall not be located on any required landscaped yards.
3) The parking of a vehicle or trailer shall only be permitted if the lot has a sufficient parking area to
accommodate the parking requirements of the principal building or use on the lot and the subsidiary
vehicle or trailer use with its associated parking.
4) The parking of a vehicle or trailer shall not hinder lot access or egress or create an obstruction to
vehicles entering or exiting the lot.
5) A vehicle or trailer shall be required to provide, or have access to, washroom facilities as determined
by Council.
6) Council shall limit the length of the Development Permit to a maximum of one year and the permit
may be renewed on an annual basis if the applicant wishes to continue the use.
4.3.32 Hostel
Definition: A building which provides commercial short term rentals, typically, a single room in a building
with shared bathrooms and kitchens;
Conditions:
1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4.)
2) Must meet Use Zone Site Development Standards and conditions.
3) Units may be rented on a temporary basis but not as an open-ended monthly apartment.
4) A Hostel room is for temporary accommodation. The unit is not a place of residence or dwelling. No
individual can abide in the units in a particular Motel for more than three months out of every
calendar year.
5) Access to units shall be through or associated with a clearly defined lobby.
6) The Hostel shall have an overall cohesive design including a prominent lobby, pleasant appearance
from the street, clear parking lot street entrance and design with a dust free surface, and
landscaping (trees, shrubs, lawn) in setbacks and open areas.
7) There shall not be separate utility connections or utility billing or addressing for individual rooms.
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4.4
INDUSTRIAL LAND USE CLASS
4.4.1
Aquaculture Facility
Definition: Aquaculture facility has the meaning as defined in the Aquaculture Act, 1990.
Conditions:
1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4)
2) Must meet Use Zone Site Development Standards and conditions
3) Must meet requirements of provincial and federal agencies having jurisdiction for aquaculture
development
4.4.2
Crematorium
Definition: A crematorium is a facility containing a certified furnace or similar device intended for use in
the incineration of human or animal corpses.
Conditions:
1) A buffer between the crematorium and a sensitive land use, such as, a higher intensity land use with
a concentration of employees, may be required at the discretion of the Council based on the
following guideline:
2) The buffer should be a minimum of 70 metres from a residential or sensitive land use, such as
elementary and secondary schools, daycares unless there are extenuating physical characteristics of
the site that would provide natural screening;
3) The buffer between other industrial uses may be 30 metres unless there are extenuating physical
characteristics of the site that would provide natural screening;
4) All crematory facilities should be located within an enclosed building that meets building and fire
code requirements.
5) All applicable local, provincial, and federal laws and regulations shall be met.
4.4.3
Composting Facility
Definition: Composting facility means a processing use that converts solid waste, including plant debris,
decayed organic matter, municipal solid waste or agricultural waste, into a material to be used sold for
the purpose of fertilizing and conditioning the soil for growing produce and nursery plantings.
Conditions:
1)
Must meet Use Zone Site Development Standards and conditions
2)
Recommend special attention to storage
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4.4.4
Contractor, General
Definition: Contractor, General means on-site storage, both indoor and outdoor, and maintenance for
materials, construction equipment or vehicles including heavy equipment, temporary storage
containers, construction trailers, and temporary office trailers normally associated with the contractor
services for provision of building construction, landscaping, concrete, and electrical, excavation, drilling,
heating, plumbing, paving, road construction, sewer or similar services of a construction nature. Any
sales, display, office or technical support service areas shall be accessory to the principal general
contractor service only. Equipment repair is limited to the ownership use class does not include
professional, financial and associated support services or equipment repair service to the public (i.e., a
garage)
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions
4.4.5
Energy Generation Facilities
Definition: Energy generation facilities means a facility constructed for the purpose of generating
electrical energy from wind, solar or small hydro means.
4.4.5.1
General Conditions
1) Required to submit a Planned Unit Development Application (2.2.2 & 2.2.4);
2) Must meet Use Zone Site Development Standards and conditions;
3) The following requirements shall apply to wind, solar, and small hydro generating facilities:
4.4.5.2
a. Energy utilities are subject to the approval of relevant provincial and federal departments,
agencies, and public utilities, including the Department of Industry, Energy and Technology
and Transport Canada. The design and location of such utilities should take into
consideration their impact on nearby land uses and persons, the environment,
archaeological resources, and other matters that Council may deem to be significant.
b. A wind, solar, or small hydro generator within a built-up residential area shall be limited to
a single unit that serves an individual property.
c. An adequate separation distance shall be maintained between wind generators and nearby
buildings and structures to prevent damage to persons and properties due to a failure of a
generator or any of its components or the shedding of ice.
d. Unless specifically exempted by Council or other relevant agencies, the design, construction
and location of an energy utility shall be certified by a professional engineer who has
consulted with the required agencies.
Wind Turbines
Definition: Wind turbine generator (commercial) means a structure designed to convert wind energy
into mechanical or electrical energy. A commercial wind turbine may include, but not be limited to, wind
turbine, generator, operations and maintenance buildings, meteorological towers, collector grids and
electrical substations. A Wind Farm or Wind Park: means more than one wind turbine generator
located on a lot.
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Conditions:
a. Commercial wind turbine generator
1) A commercial wind turbine which has a collective energy nameplate rating of one hundred (100)
kW or greater shall be connected to a transmission line and/or the local power grid.
2) All developments shall meet applicable federal and provincial regulatory requirements.
3) The development shall not create hazards or any negative impacts on neighbouring properties.
In cases where there are potential conflicts or impacts between a proposed development and
neighbouring property, Council may require the developer to ensure that adequate buffers or
screening are maintained to reduce the impacts on adjoining properties or other mitigation
measures that may be necessary to reduce the impacts.
4) The wind turbine tower shall be located to minimize visual impacts on the Town.
5) The wind turbine tower shall have a clear unobstructed fall zone that has a radius equal to or
greater than the height of the structure and is accommodated within the property bounds.
6) The wind turbine tower shall be designed and constructed to meet design loads for operational
requirements including ice buildup. The blades shall either have de-icing capabilities or be
constructed of a material (i.e., poly carbonate composite) that resists ice buildup.
7) Access to the site shall be restricted and shall include: fencing, gate, and signage posted as to
the property owner, company name, twenty-four (24) hour emergency telephone number, and
warnings of dangers to trespassers.
8) Should the wind turbine cease operations for a period of longer than two (2) years, the wind
turbine, tower, and any related infrastructure should be removed from the property.
b. Private wind turbine generator
1) Private turbines shall primarily be for the generation or electrical power for the property owner of a
residential use, for business owners and for varied public use buildings and other similar sites, but
not for outside sale.
2) Council may determine that the minimum parcel size of 2,000 m2 with a wind turbine height of
approximately 10 metres; if this is not sufficient to mitigate impacts to adjacent properties, the wind
turbine proposal may be denied by Council.
4.4.6
Fishery Use
Definition: Fishery use means land and buildings used for the production, processing, storage and
maintenance of fishery products or equipment including aquaculture and include land and buildings
designated for the building, launching, docking or storage of a commercial fishing vessel, and similar
operations, such as a marine centre, fish processing plant.
Conditions:
1) Required to submit a Planned Unit Development Application (2.2.2 & 2.2.4)
2) Must meet Use Zone Site Development Standards and conditions
4.4. 7
Forestry Activities
Definition: Forestry activities have the meaning as defined in the Forestry Act, 1990. This includes forest
harvesting, road building and silviculture activities.
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Conditions:
1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4), or a Forestry
Management Plan and to submit, every year, the annual operating plan;
2) Must meet Use Zone Site Development standards and conditions;
3) Permits for commercial and domestic woodcutting or other forestry related activities must be
obtained from the Regional Forestry Office, Government of Newfoundland and Labrador;
4) All commercial harvesting operators must apply for a development permit.
4.4.8
Industrial - General
Definition: Industrial General means development used principally for one or more of the following
activities:
a.
the processing of raw materials;
b. the making, manufacturing or assembling of semi-finished or finished goods, products or
equipment;
c.
the cleaning, servicing, repairing or testing of materials, goods and equipment normally
associated with industrial or commercial businesses or cleaning, servicing and repair operations
to goods and equipment associated with personal or household use, where such operations
have impacts that would make them incompatible in non-industrial zones;
d. the storage or trans-shipping of materials, goods and equipment;
e. the distribution and sale of materials, goods and equipment to institutions or industrial and
commercial businesses for their direct use or resale;
f.
transport establishments, which include the use of land, buildings, structures or parts thereof,
where commercially licensed trucks, transports and buses are rented, leased, loaded or
unloaded, serviced or repaired kept for hire, stored or parked for dispatching as common
carriers or where goods are temporarily stored for further shipment. Fuel and petroleum
products may be dispensed and parts and accessories sold;
g. data centres (building(s) that house computing facilities like servers, routers, switches and
firewalls, as well as supporting components like backup equipment, fire suppression facilities
and air conditioning); or
h. the training of personnel in general industrial operations.
Examples include, but are not limited to, factories, fish processing plants, marine service centres, cold
storage plants, freight depots, concrete plant, general garage, industrial-related warehouses, welding
shops, vehicle body repair and paint shops/depots, and similar uses. This use class does not include
utility services or the preparation of food and beverages for direct sale to the public.
Conditions:
1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4)
2) Must meet Use Zone Site Development Standards and conditions
3) Minimum of 2 access points for access/egress;
4) Surface runoff shall be directed to an oil/water separator before being discharged into a storm
sewer or other drainage system;
5) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties.
6) Where it deems necessary, the Town shall require the provision of buffering by the developer which
shall be to the satisfaction of the Town.
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4.4.9
Industrial - Heavy And/or Hazardous
Definition: Industrial-heavy and/or hazardous means industrial uses, which, by their nature, generate
noise, fumes, odours, and are hazardous or obnoxious.
This would include manufacturing uses which are required to be registered under the Environmental
Protection Act, 2002, such as:
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Processing of meat, fish and poultry products
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Feed Mills
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Distilleries, breweries or wineries (excluding micro-breweries)
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Manufacture of rubber products such as tires and tubes
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Manufacture of plastic products
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Leather and allied products such as leather tanneries
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Manufacture of textile products
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Sawmills, planing mills, shingle mill products industries
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Paper and allied products manufacturing
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Manufacturing, refining and fabricating of metal products
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Manufacturing of clay products, cements, and other non-metallic mineral
-
products
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Refining of petroleum products
-
Manufacture of chemical and chemical products including industrial,
-
agricultural, plastics and synthetic resins, paints and varnishes, soaps and cleaning
compounds
-
Other manufacturing uses including photographic films and plates, floor tiles and coated
fabrics manufacturing.
Conditions:
(1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4)
(2) Must meet Use Zone Site Development Standards and conditions.
4.4.10
Industrial - Light
Definition: Industrial-light means the use of any land or buildings for any industrial-general use that can
be carried out without hazard or intrusion and without detriment to the amenity of the surrounding area
by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or appearance., unsightly
outdoor storage, refuse matter, or effluent. Examples include but are not limited to, a recycling depot,
wholesale and warehouse uses, rental storage uses, commercial - custom service, catering services,
industrial bakeries, food processing, light manufacturing and assembly (clothing, furniture, consumer
electronics), broadcast studio, and similar uses; but does not include a salvage/scrap yard.
Conditions:
1) Required to submit a Planned Unit Development Application (2.2.2 & 2.2.4);
2) Must meet Use Zone Site Development Standards and conditions;
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3) Light industry uses may must be conducted and wholly contained within an enclosed building and
shall not be obnoxious by reason of noise, vibration, odour, dust, smoke, unsightly outdoor storage,
refuse matter, or water carried waste. Such uses shall not involve the use of chemical processes
which result in the emission of gases, use of significant volumes of water or which generate
significant levels of truck traffic.
4.4.11
Industrial Mall
Definition: Industrial mall means a building or a group of buildings designed, developed, owned and
managed as a unit in which separate spaces are leased or occupied by permitted industrial uses. No
more than 30 percent of the gross floor area of an industrial mall is used for accessory office or related
commercial uses.
Conditions:
1) Required to submit a Planned Unit Development Application (2.2.2 & 2.2.4)
2) Must meet Use Zone Site Development Standards and conditions
4.4.12
Mineral Exploration
Definition: Mineral exploration (development) means the search for and sampling of minerals or quarry
materials where the activity or activities involved meet the definition of "development" under the Urban
and Rural Planning Act, 2000. "Mineral" and "quarry material" for the purpose of interpreting the
definition of mineral exploration (development) are as defined in the provincial Mineral Act, 1999 and
Quarry Materials Act, 1998, respectively. Mineral exploration does not include mining or mineral
working (e.g., quarrying). Activities which meet the definition of mineral exploration (development) are
to be contrasted with mineral exploration activities that do not meet the definition of development,
examples of which typically include traditional prospecting, geochemical sampling surveys (of rock, soil,
sediment, water, or vegetation), ground-based and airborne geophysical surveys, and the cutting of
survey lines.
For the purposes of municipal planning, exploration for quarry materials (e.g., sand, gravel) should be
considered a form of mineral exploration and included in the definition of mineral exploration.
Under Sections 12 and 13 of the Mineral Act, 1999, no exploration can be undertaken on private land
without the owner's consent (unless by Ministerial Order).
The Mineral Lands Division, Mines Branch administers the Mineral Act, 1999 under which mineral
licences are issued and within the bounds of which mineral exploration may be approved by the issuance
of an "exploration approval". Exploration approvals are generally issued for no longer than one year.
Applications for exploration approval involving areas within a municipal planning area and where the
activities proposed may involve ground disturbance, wildlife disturbance, water quality impairments, or
foreseeable land use conflict, are referred to the municipality (in addition to other government
agencies), and terms and conditions are drafted to address any specific concerns raised during the
referral process.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
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2) Mineral exploration that does not meet the definition of 'Development': Mineral exploration that
does not meet the definition of 'Development' and does not involve appreciable ground
disturbance, construction of access roads, or objectionable noise, odour or appearance, of little or
no visible impact (e.g., prospecting, ground-based geophysical surveys, geochemical sampling
surveys) shall be permitted anywhere in the Municipal Planning Area, provided that adequate
notification is provided to Council.
3) Mineral exploration, which is classed as 'Development', may be permitted provided that:
a.
adequate provision is made for buffering and mitigation of potential impacts on adjacent
zones; mineral exploration shall be subject to conditions that control noise, appearance, and
other impacts that may arise, as well as the duration of the exploration program. The precise
nature of these controls shall depend upon the location of the mineral exploration in
relation to built-up and environmentally sensitive areas, such as water supply areas,
watercourses, and wetlands.
b. Where there is to be ground disturbance, the developer shall provide a site restoration
surety and/or other satisfactory guarantees of site landscaping to Council.
c.
Council shall not issue a permit for mineral exploration until all necessary permits and
approvals have been obtained from the Departments of Industry, Energy and Technology,
Government Services, and Environment, Climate Change and Municipalities, and any other
relevant Provincial agency.
d. It complies with provincial standards. Basic environmental requirements for mineral
exploration are already set out in the Mineral Regulations under the Mineral Act, 1999 for
example, that all excavated, stripped, and grubbed sites be rehabilitated by backfilling or re-
contouring, as appropriate, and then placing stockpiled organic materials back over the site.
The Mineral Lands Division conducts inspections year-round to ensure that the Mineral
Regulations and the terms and conditions of exploration approvals are adhered to, including
that rehabilitation, once due, is completed as required
e. According to the Mineral Lands Branch, mineral exploration that is classed as development
should be at least a discretionary use in all zones, provided that the work is subject to
conditions appropriate to the use zone and which address any other concerns specific to the
location.
4) Should a town have concerns about any mineral exploration activity, whether before or after the
issuance of an exploration approval from the Department of Industry, Energy and Technology to
conduct the work, the town shall contact the Mines Branch, Mineral Lands Division in order to have
the concerns addressed. Exploration for quarry materials (e.g., sand, gravel) is permitted using the
same procedure and typically involves the excavation of test pits followed by their immediate
rehabilitation.
4.4.13
Mineral Working
Definition: Mineral working means an operation consisting of one or more of the following activities:
the digging for, excavation, and removal of quarry materials (i.e., quarrying) (may involve blasting), the
removal of quarry materials previously excavated, the removal of quarry materials previously deposited
on site, the stockpiling of quarry materials, the processing of quarry materials (e.g., crushing, screening,
washing), the production of civil construction materials which use quarry materials in their natural form
(e.g., asphalt, concrete), the re-processing of quarry materials including from reclaimed civil construction
materials (e.g., reclaimed asphalt, concrete), the production of soil by blending organic materials with
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quarry materials, or the treatment or remediation of soil. "Quarry material" for the purpose of
interpreting the definition of mineral working is as defined in the provincial Quarry Materials Act, 1998.
Mineral working does not include mining but may include mineral exploration (development) as a
secondary activity. Mineral working does not include the excavation and removal of quarry materials as
a by-product of an approved development.
Conditions
1) For approved developments where the extraction of quarry materials is occurring or may be
expected occur, the Town shall send a copy of the development permit to the Mineral Lands
Division. (quarry materials include but are not limited to aggregate, fill, rock, stone, gravel, sand,
clay, borrow material, topsoil, overburden, subsoil, peat).
2) Quarry materials produced as a by-product of an approved development may be removed from the
development site provided that royalties are paid to the province as required by the Quarry
Materials Act, 1998. For example, site preparation to construct a building involves removing topsoil,
overburden, and possibly rock from the footprint area; these materials may be retained or re-used
on the development site (no royalties due) or removed from the site (royalties due). In order to
ensure that royalties due the province are paid; it is necessary that the Department of Industry,
Energy and Technology be made aware of approved developments where the removal of quarry
materials is taking place or may take place.
3) The environmental standards in the Mineral Regulations under the Mineral Act, 1999 shall apply.
4) Council shall be satisfied that the mineral working areas shall not create a nuisance -and shall not
adversely affect the amenity of the specified development or natural feature. Where the municipal
authority is satisfied that the mineral working shall not adversely affect the specified adjacent use or
natural feature, mineral working may be permitted closer than the minimum separation distance or
buffer show on the Table below. By allowing the municipality to waive pre-set separation distances
where it is satisfied there shall be no adverse effect provides for greater flexibility in selecting sites
where mineral workings may be permitted. Where mineral workings are proposed within a specified
distance of a specified adjacent use or natural feature that could be adversely affected by the
mineral workings, special conditions should be applied to mitigate, reduce, limit, or eliminate the
anticipated negative effects.
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Minimum Buffer Distance of Pit and Quarry Workings
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From existing or proposed Residential Development:
- where no blasting is involved
300 metres
- where blasting is involved
1000 metres
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From any other developed area or area likely to be developed during the life of the
pit or quarry working .................................... 150 metres
-From a Public highway or street ................. 50 metres
-From a Protected Road ............................... 90 metres
-From a Waterbody or watercourse ............ 50 metres
Where a minimum required distance was originally observed when choosing the location of the
quarry, quarrying should not be discontinued or impeded where the buffer is reduced due to
encroachment of development towards the quarry.
5) Where a minimum required distance was originally observed when choosing the location of a
mineral working, the mineral working shall not be discontinued or impeded where the buffer is
reduced to less than the required distance due to encroachment of development or zoning
boundaries towards the mineral working.
4.4.14
Mining
Definition: Mining means an operation involving the extraction of a mineral for sale and for which a
mining lease is required under the provincial Mineral Act, 1999 administered by the Department of
Industry, Energy, and Technology. "Mineral" for the purpose of interpreting the definition of mining is as
defined under the Mineral Act, 1999. Mining may include, as secondary activities, mineral exploration
(development) and mineral working. Note that under the Mineral Act, 1999, dimension stone (i.e., stone
used for building facades, gravestones, etc.) is considered a mineral in Newfoundland but a quarry
material in Labrador.
Conditions:
The following conditions shall apply to a Mining application subject to a Department of Industry, Energy
and Technology regulatory and permitting requirements:
1) An application for a development permit shall include a Mineral Working Development Plan
satisfactory to the Council for the proposed Mining use, which shall include a site plan showing the
location of physical site features and extraction and processing features required by the Council
including but not limited to:
a. boundaries of the parcel to be mined;
b. extent of site area(s) to be mined;
c.
buildings and structures on the site;
d. roads, parking and loading areas and entrance and exit to the site;
e. fences, berms and landscaping provided for screening;
f.
waterbodies and channels to be removed, shifted and created;
g. location and expected maximum height of stockpiles of mined ores, sand and gravel;
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h. location of major machinery and conveyors for receiving and processing raw ores including
machinery for sifting, washing and grading ores, and the manufacturing of concrete and
stone products;
i.
the probable location of storage piles of topsoil and overburden removed from earlier
phases of mined areas and temporarily being stored for replacement under the Reclamation
plan; and
j.
intended phases of mining operations to be carried out over all portions of the site.
2) An application for a development permit shall include a Mining Reclamation Plan satisfactory to
Council for the proposed mineral working use which shall explain, illustrate and show to the
satisfaction of Council a plan for restoration of the site which includes final ground contours, slopes,
depth of topsoil, and vegetation and a phasing plan, if necessary, in the form of a grading and
landscape plan or plans.
4.4.15 Natural Resource-Related Uses
Definition: Natural resource-related uses means the use of land or buildings for any commercial or
industrial development directly associated with, or requiring proximity to, farm operation, fisheries,
forestry or mineral working industries; for example, processing of meat, fish and poultry products, feed
mills, sawmills, planning mills, single mill products industries, asphalt plant, gravel crushing operation
sand may include, but not limited to, such uses as animal husbandry services, produce or grain
storage/processing facilities, farm machinery sales and service outlets, feed and seed warehouse and
associated retail outlets, including a nursery or garden centre.
Condition: 1)
Must meet Use Zone Site Development Standards and conditions;
4.4.16
Salvage/Scrap Yard
Definition: Salvage/scrap yard means an area of land or lot including any building or structure used for
the receipt, storage, sale, re-sale and processing of waste or surplus automobile, transportation vehicles
or industrial equipment, including any parts or pieces that have been removed, but does not include a
solid waste recycling/disposal and composting site.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions
2) A scrap yard or solid waste storage or disposal site shall be screened in the following manner where
it is visible from a public street or highway, developed area, or area likely to be developed during the
life of the use:
a.
Where tree screens exist between the use and adjacent public highways and streets or other
land uses (excepting forestry and agriculture), the tree screens should be retained in a 30-
metre wide strip of vegetation so that visibility of any part of the use from the surrounding
uses or streets shall be prevented. The tree screens must be maintained by the owner or
occupier of the use to retain 30 metres in a forested appearance.
b. Where vegetation dies or is removed from the 30 metres strip, the Council may require new
trees of a minimum height of 1 metre be planted to fill in the areas affected to the
satisfaction of the Council or, at the discretion of the Council, where no tree screens exist of
sufficient width and density to constitute a visual screen, earthen berm should be
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constructed to a height sufficient to prevent visibility of any part of the use from adjacent
uses (exception forestry and agriculture) or adjacent public highways and streets. The berm
shall be landscaped to the Council's satisfaction.
c.
It is recommended that a visual screen fence satisfactory to the Town of at least 2.4 metres
in height be erected around the area used for outdoor storage;
d. Where it is located within or adjacent to a commercial, residential or institutional area or
development, there is no outdoor storage;
4.4.17 Solid Waste Recycling/Disposal and Composting Site
Definition: Solid waste recycling/disposal and composting means a waste disposal site as defined by the
Waste Diversion Regulations, 2005 under the Environmental Protection Act, 2002, such as waste transfer
stations, composting or recycling.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2} A vegetated or landscaped buffer zone of at least 15 metres around the perimeter of the use, in
order to minimize any potential nuisance associated with noise, dust, or odors, or any objections
based on visual aesthetics is provided;
3) There is adequate availability of utilities, including water, sewer, and electricity, to provide water for
firefighting and wash down of floors, electrical power for machinery and lighting, and for staff
amenities;
4) The volume of material to be handled and/or stored is provided and the facility designed with
sufficient capacity to handle peak material volumes;
5) Measures to prevent storm water and runoff from contacting waste materials shall be required and
all waste containers used should be leak proof or provide for the collection and treatment of
contaminated water and other liquids. Proper disposal of contaminated water shall be ensured;
6) Fencing should be provided around the perimeter of the site, with a lockable gate at any entrance
point. The type of fencing may vary with the natural site features;
7) Containers intended to receive organic waste shall be required to have lids, screens, or covers that
shall prevent access by bears and other predators, rodents, and birds, or be placed inside predator-
proof enclosures;
8) Where organic wastes are involved, buildings should be specifically designed to prevent infestation
by rats and other small mammals, and to be predator-proof.
9) If the solid waste recycling/disposal or composting site is visible from a public street or highway or a
developed area, then the visual buffer is required to a height sufficient to prevent visibility.
10} No solid waste disposal site shall be located closer than 1.6 kilometres from a residential
development.
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4.5
CONSERVATION LAND USE CLASS
4.5.1
Environmental Protection
Definition: Environmental protection area means areas where development is restricted due to the
natural features of the site for purposes of conservation or protection of habitat, wetlands, resource
management, viewscapes or other special designations under legislation; or site unsuitability due to
erosion control, steep slopes, flood control and water supply protection.
Conditions that apply to both zones:
1) Must meet Use Zone Site Development Standards and conditions;
2) Nothing in these Regulations shall prevent the designation of environmental protection areas in any
zone.
3) Council shall not permit development vulnerable to flooding in areas known to be subject to local
flooding.
4) Development of recreation facilities such as walking or nature trails, and associated interpretation
programs do not have an adverse impact on the natural environment and residential properties;
5) The Town may require a review development near a designated trail or water course to be reviewed
to ensure that development does not negatively impact such trail or watercourse. Where deemed
necessary, the Town may require that the buffer be provided by the developer.
4.5.2
Open Space, Parks and Trails
Definition: 'Open space, parks and trails' means a generally undeveloped space or environmentally
sensitive area maintained for the preservation of natural heritage, wildlife and the environment where
the quality of the environment and naturalness of an area is the focus of the recreational experience;
activities and development are limited to trails, picnic areas, playgrounds and associated signage.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Nothing in these Regulations shall prevent the designation of parks and playgrounds in any zones
provided that such parks and playgrounds are not located in areas which may be hazardous to their
use and are not operated for commercial purposes.
3) Parks and playgrounds may be located on backland but shall have at least one 5-metre-wide
vehicular access directly onto a public street.
4) Public toilet facilities associated with a park or trail development requires review by the Council in
consultation with Digital Government & Service NL;
5) Council may require a minimum 3-metre trail width to accommodate pedestrian and bicycle use;
6) Council may require a screen or vegetative buffer between a trail and adjacent land uses to ensure
that nuisance factors are minimized and trail activities do not hinder the enjoyment of property.
7) In the Rural zone: Recreational Open Space and Trails may be permitted in this zone subject to the
following conditions:
a.
the proposed use shall not interfere with adjacent agricultural and other natural resource
uses by virtue of noise, increased traffic or other activities;
b. the proposed use shall not prejudice the continuation of existing agricultural and other
natural resource uses and operational practices which may not be compatible with the
proposed use;
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4.6
PUBLIC/INSTITUTIONAL LAND USE CLASS
4.6.1
Cemetery
Definition: Cemetery means a facility or land area reserved and dedicated to the burial of the dead and
includes a columbarium, mausoleum, mortuary and related maintenance facility. A discretionary
accessory use might include a crematorium (a facility containing a certified furnace or similar device
intended for use in the incineration of human or animal corpses) subject to conditions.
Conditions:
1) Council may require a landscape plan to be submitted as part of the Development Application. The
landscape plan shall illustrate areas of landscaping in relation to the burial plots and shall identify
the location and types of plant species that are to be planted.
2) It is recommended that a minimum 6 m wide buffer should be maintained between any lot line of
the cemetery and areas designated for burial purposes and, within this buffer, trees and shrubs are
to be planted to provide a landscaped screen between the cemetery uses and abutting properties.
3) A fence should be constructed and erected along all lines of the cemetery
4) A cemetery use shall receive the approval of the Service NL.
5) A discretionary crematorium is subject to the following conditions:
a. A buffer between the crematorium and a sensitive land use such as residential, day care,
elementary or secondary school or higher intensity land use, may be required at the
discretion of the Council based on the following guideline:
i.
The buffer between the crematorium structure within the cemetery to the lot line
shared with residential or sensitive land use, such as elementary or secondary
schools, daycare, should be a minimum of 70 metres unless there are extenuating
physical characteristics of the site that would provide natural screening
ii.
The buffer between other resource uses should be a minimum of 30 metres but may
be less if there are extenuating physical characteristics of the site that would provide
natural screening;
b. All crematory facilities shall be located within an enclosed building that meets building and
fire code requirements;
c. All applicable local, provincial, and federal laws and regulations shall be met;
4.6.2
Institutional Use
Definition: Institutional use means the use of land or buildings for public purposes, whether publicly or
privately funded, where people may gather in larger numbers to access a regional or a municipal-wide or
regional service, including but not limited to:
a.
Hospitals;
b. Government Offices;
c. Educational Facilities;
d. Convention Centres or major cultural centres, such as provincial Arts and Culture Centres;
e.
Recreation Complex, such as an arena, multi-use sports and entertainment centres, roller rinks,
swimming pools; and,
f.
Personal Care Facilities (larger than residential home), such as nursing or senior's homes, family
and group care centres (see 4.6.2.1 below).
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Conditions:
1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4)
2) Must meet Use Zone Site Development Standards and conditions
3) For Personal Care Facilities-Non-residential (Nursing Homes and Family & Group Homes/Care
Centres), the following standards apply:
a.
The development shall be treated as a single planned unit development as set out in Part II
of these Regulations, except that the minimum dwelling floor areas, building line setbacks
and yards shall be as determined by Council.
b. The development shall be tailored to the needs of the persons occupying the development
in accordance with their condition.
c.
The overall design of the development - including road layout, landscaping, building design
and location, parking areas, and so forth - shall be attractive and compatible with other uses
in the vicinity.
d. A single management authority should be responsible for the maintenance of properties
within the development.
e.
Building types can be as necessary to serve the purposes of the development, including a
variety of dwelling types, care facilities, and communal facilities such as storage rooms,
hobby rooms, workshops, and garages.
f.
Adequate noise separation shall be maintained between the use and adjoining dwelling
units in an apartment building,
g.
a fire exit for the exclusive use of the facility use shall be provided,
h.
a separate entrance for the exclusive use of the facility use shall be provided unless the
entrance to the use from a common lobby or foyer is immediately adjacent to such lobby or
foyer,
i.
parking as required in these Regulations shall be provided and reserved for the exclusive use
of the facility use and identified as such on the parking lot,
j.
a minimum of 5 m2 of net floor space per person should be provided for use by the facility
users, this aggregate floor space should be utilized for the purpose of group amenity areas
and individual rest areas,
4.6.3
Protective and Emergency Services
Definition: Protective and emergency services means a development which is required for the public
protection of persons and property from injury, harm or damage together with the incidental storage of
equipment and vehicles, which is necessary for the local distribution of utility services. Typical uses
include police stations, fire stations and ancillary training facilities.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Appropriate noise and separation measures shall be incorporated into the development to reduce
nuisance impact on surrounding properties.
4.6.4
Public Gathering Places -Indoor
Definition: Public gathering places-Indoor means a building or part thereof designed and equipped to
be used for public gatherings for entertainment, religious (place of worship), cultural, civic, educational,
charitable, philanthropic or social purposes and may include, but are not limited to, a movie theatre,
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playhouse, museum, art gallery, place of worship, funeral home, community or cultural centre, library.
These are smaller than regional institutional uses, like a hospital or college campus, as the patrons
generally are not such a broad segment of society and therefore does not create the same level of
activity in terms on onsite use and traffic.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
3) Where permitted as a discretionary use on a Use Zone Table in Chapter 3, a place of worship or an
educational use shall conform to the frontage, building line setback, side yard, rear yard, lot
coverage and height requirement specified for a single detached dwelling.
4) Crematory facilities may be allowed as a discretionary accessory use to a funeral home when the
funeral home is the principal use, subject to meeting the following conditions:
a.
A buffer between the crematorium and a sensitive land use, such as residential, day care, school
or higher intensity land use, may be required at the discretion of the Council based on the
following guideline, that the buffer be a minimum of 70 m from a residential or sensitive land
use, such as elementary or secondary schools, day-care unless there are extenuating physical
characteristics of the site that would provide natural screening;
b. All crematory facilities shall be located within an enclosed building that meets building and fire
code requirements.
c.
All applicable local, provincial, and federal laws and regulations shall be met
4.6.5
Public Gathering Places - Outdoor
Definition: Public gathering places-outdoo_r means an open-air assembly use requiring the minimum of
permanent facilities, and included, but is not limited to, facilities in the form of or similar to, an outdoor
worship service and informal outdoor recreation, including, but not limited to, a picnic or barbecue area,
playground and walking or jogging trails; but does not include sport and recreation facilities or a
recreation complex.
Conditions:
1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4)
2) Must meet Use Zone Site Development Standards and conditions;
3) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4) The use shall not negatively impact upon the associated activities such that the combined uses
create a public safety or health concern or inconvenience.
5) The use shall not be permitted in close proximity to a residential area where, in the opinion of
Council, the use or its associated activities shall create a nuisance, such as the generation of fumes,
noise, vibration, litter, and lighting, affecting the nearby residential area.
6) Where it is determined by Council, for public safety and convenience, that fencing is required; the
area of the use shall be fenced in accordance with the requirements of Council;
7) Where it is determined by Council that washroom facilities are required, the use shall be required to
provide washroom facilities in accordance with the requirements of the Service NL and Council;
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8) Where it is determined by Council, a security deposit shall be required to be submitted to the Town
for the cleanup of the site and surrounding area of litter and debris which is generated by the
activities or the use. The security deposit shall be returned upon the site and surrounding properties
being left in a clean state that is satisfactory to Council.
4.6.6
Sports and Recreation Facilities
Definition: Sports and recreation facilities means land and a building, structure or part thereof, not part
of a large institutional building, designed and equipped to be used for athletic and leisure activities, and
may include, but not limited to, a health and fitness centre, bowling alley, curling rink; tennis, squash,
handball and badminton courts; sports fields, outdoor tennis courts, unenclosed ice surfaces or rinks,
athletic fields, boating facilities, and informal outdoor recreation, such as, cycle, walking or jogging
tracks; but does not include a recreation complex but may include Public Gathering-Outdoor uses.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) The activity is not unduly detrimental to the wider amenity of the area including neighbouring uses
and appropriate noise and separation measures shall be incorporated into the development to
reduce noise impacts;
4. 7
RESIDENTIAL LAND USE CLASS
4.7.1
Single Detached Dwelling
Definition: A single detached means a detached dwelling containing one main dwelling unit which has a
private entrance, and which is not attached to another dwelling; and, does not include mobile homes or
recreational vehicles, but does include mini-homes or tiny homes; but it may contain a subsidiary
apartment (see 5.2.1)
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) In the Rural zone, a single detached dwelling may only be permitted only as accessory to an
agricultural use. A single detached dwelling is subject to the approval of the Land Resource
Stewardship Division and the Government Service Centre before a permit is issued by the Town.
4.7.2.
Semi-Detached Dwelling (Double dwelling)
Definition: A semi-detached dwelling means a building containing two dwelling units, where each
dwelling unit has a private entrance as compared to apartment buildings with a common entrance,
where the units can be placed one above the other, or side by side, but does not mean a Single
Detached Dwelling containing a subsidiary apartment. Both units must front on the street.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions.
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4.7.3
Townhouses
Definition: A townhouse or town home is a single-family home that shares one or more walls with other
independently-owned units. They are often in rows of uniform homes, two stories or taller. Residents
own their interior and exterior walls, lawn, and roof, as well as the insurance for both their home and
property. Residential townhouses are usually three or more dwelling units, each unit separated
vertically from the others, each of which must have an independent entrance to a froi:-it and rear yard
immediately abutting the front and rear walls of the unit, and each of which may be located on a
separate lot. All units front on a street.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4);
3) Shared walls must meet all national code regulations;
4.7.4
Apartment Building
Definition: Apartment building means a building containing three or more dwelling units which have a
shared entrance and hallway but does not include a row dwelling or a subsidiary apartment.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4);
3) Commercial uses may be permitted in multiple-unit apartment buildings where:
a. The proposed use is located on the ground floor of the apartment building;
b. The commercial use shall serve local needs of the residents and surrounding neighbourhood;
and,
c.
The use shall not detract from the residential character of the neighbourhood by virtue of
generating excessive noise or traffic.
4. 7 .5
Cottage
Definition: Cottage or cabin means a dwelling unit designed or intended for seasonal or recreational use
and is not intended for use as permanent living quarters and does not include a vehicle as defined under
the Highway Traffic Act, 1990.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Must meet building requirements under these Development Regulations, including the National
Building Code, etc.
3) Remote or accessible (recreational) cottages shall not be eligible for municipal services if such
service would be a burden to taxpayers;
4) A home in a residential area, used as a seasonal residence, must be maintained to the standard of
the neighbourhood as a full-time residence;
5) Recreational cottages with road access (usually a resource road) allocated on Crown land should
preferably be located within a designated cottage development area by the Lands Branch,
Government of Newfoundland and Labrador.
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6) In the Rural zone, cottages are a discretionary use that may only be permitted if the Town is satisfied
that it shall not create an obligation to provide municipal services and that it shall not have a
negative impact on resource exploration and development within the Rural zone.
4.7.6
Mini-Home
(a) Mini-Home -Definition: Mini-home means a sectional prefabricated dwelling designed for
transportation after fabrication to a site, typically transported by means of flat-bed trucks, and coupled
together mechanically and electrically to form a single structure situated on a permanent foundation,
either a full basement or crawlspace, or slab on grade, or other acceptable permanent foundation as
determined by Council, but does not include a mobile home. Mini homes do not have axles or a chassis.
A mini-home shall be >SO m2; it is not a tiny home.
-
Mini Home Park: means a development under single or joint ownership, cared for and
controlled by an operator where individual mobile or mini home lots are rented or leased with
or without units placed on them and where ownership and responsibility for the maintenance
and development of site facilities including underground services, access roads, communal
areas, snow clearing and garbage collection, or any of the, are the responsibility of park
management. It does not travel trailer park, campground or group dwellings.
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Mini-Home Subdivision: means a development requiring the subdivision of land whether in
single or joint ownership into two or more pieces or parcels of land for the purpose of mobile
home or mini-home lots and where the maintenance of streets and services is the responsibility
of a municipality or public authority. A mobile home may not be located within a mini home
subdivision; however, a mini home may be located within a mobile home subdivision.
Conditions:
(1) Mini-home may be located outside a mini-home park or subdivision provided that the design is
compatible with housing design of existing homes in the neighbourhood.
(2) A mini home subdivision/park is required to submit a Planned Unit Development Application (2.2.2
& 2.2.4);
4.7.7 Mobile Home
Definition: Mobile home means a transportable factory-built single detached family dwelling unit:(a)
which complies with space standards substantially equal to those laid down in the Canadian Code for
Residential Construction and is in accordance with the construction standards laid down and all other
applicable provincial and;(b) which is designed to be transported on its own wheels and chassis to a
mobile home lot, and subsequently supported on its own wheels, jacks, posts or piers, or on a
permanent foundation and connected to exterior public utilities, in order to be suitable for year round
term occupancy. A mobile home may include a Tiny home that is transportable.
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Mobile Home Park: means a development under single or joint ownership, cared for and
controlled by an operator where individual mobile or mini home lots are rented or leased with
or without units placed on them and where ownership and responsibility for the maintenance
and development of site facilities including underground services, access roads, communal
areas, snow clearing and garbage collection, or any of the, are the responsibility of park
management. It does not travel trailer park, campground or group dwellings.
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-
Mobile Home Subdivision: means a development requiring the subdivision of land whether in
single or joint ownership into two or more pieces or parcels of land for the purpose of mobile
home or mini-home lots and where the maintenance of streets and services is the responsibility
of a municipality or public authority. A mobile home may not be located within a mini home
subdivision; however, a mini home may be located within a mobile home subdivision.
Conditions:
1) A mobile home may be located outside a mobile home park or subdivision provided that the
structure meets the following conditions:
a. The home is placed on a permanent foundation or otherwise permanently supported
and fixed, with wheels and axles removed, and shall be provided with a visible
foundation or skirting acceptably similar in appearance to foundations of dwellings in
the immediate area;
b. The lot otherwise meets the standards of a residential lot.
2) A mobile home subdivision/park is required to submit a Planned Unit Development Application
(2.2.2 & 2.2.4);
4.7.8
Tiny Homes
Definitions:
Tiny house means a residential single dwelling unit intended for year-round use designed to be used
with a permanent foundation and has permanent provisions for living, sleeping, eating, cooking and
sanitation, typically with a maximum floor area of <50 m2-
Tiny House Subdivision means a concept proposal, approved by Council to subdivide property into a
minimum of eight (8) or more tiny house residential lots subject to conditions outlined in a
development agreement. It generally shows topographic information and natural features, such as
waterways and vegetation. The concept proposal shall also identify proposed residential lots which
may typically require infrastructure such as streets drainage, culverts, pavement, sidewalks and
curbs.
Conditions:
1) Tiny houses shall be constructed to the requirements of the National Building Code;
2) The location of a tiny house subdivision shall be determined by Council in any residential zone and
subject to any conditions identified by council;
3) Must meet Use Zone Site Development Standards and conditions; that is, all other siting
requirements of the residential land use zone shall apply;
4) Tiny houses shall have permanent provisions for living, sleeping, eating, cooking and sanitation;
5) An accessory building in the Tiny House Subdivision shall not exceed the size of the tiny house.
6) A Planned Unit Development application is required as part of the application to develop a Tiny
Home subdivision.
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4.7.9 Non-Market Housing
Non-market housing is based on the principle that at some point during the development or operation
of the housing accommodation, there is an investment by a level of government, private business, or
non-profit organization that allows the cost of that housing to be offered to renters or owners at a price
that is less than the current market value. There is no single model used for non-market housing.
4.7.9.1 Assisted living, Residential or Personal care home
Housing with supports or independent living or personal care home-residential: Housing for seniors and
people with physical and/or mental disabilities that includes on-site hospitality and personal-care
support services (i.e., Level 1 & 2 care) and does not include people requiring 'supportive housing'
described in 4.7.9.3;
4.7.9.2 Non-profit housing:
A housing development providing housing for low/no income people who cannot afford market housing;
i.e., Newfoundland & Labrador Housing, Co-op housing;
4.7.9.3 Supportive housing:
Housing that provides on-site supports & services to residents (regardless of age) who cannot live
independently for the following reasons:
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Are homeless or at risk of homelessness
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Require supports with mental health and/or addictions, and/or multiple complex needs
(i.e., children-at-risk removed from home but not in foster care)
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Recent release from incarceration
This can include a 'group home' - Definition: A personal care home (group home) is a Single Detached
Dwelling used for children or young people who cannot live with their families, people of any age with
chronic disabilities including be adults or seniors, or people with dementia. Typically, there are no more
than six residents. There is at least one trained care-giver onsite 24-hours a day
4.7.9.4 Emergency shelter (Safe home/homeless shelter Homeless Hub): Immediate, short-stay
housing for people who are homeless or at risk of becoming homeless;
4.7.9.5. Transitional housing: Housing for residents for between 30 days and three years. It aims to
transition individuals to long-term, permanent housing;
Conditions:
1) The use and appearance of the dwelling shall not materially differ from, or adversely affect, the
amenities of adjacent dwellings or the neighbourhood;
2) Council may require special access and safety features to be provided to the occupants before
occupancy is permitted.
3) Must meet Use Zone Site Development Standards and conditions;
4) A personal care or group home is permitted in a dwelling unit that is adequate in size to
accommodate the number of persons living in the group, inclusive of staff.
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4.8
PUBLIC INFRASTRUCTURE AND UTILITIES
4.8.1
Communications
Definition: Communications means a television, radio, cell phone, or transmission tower or antenna, as
well other communications transmitting or receiving building or infrastructure and includes wireless
communications facilities, such as, infrastructure regulated by the federal government that enables
wireless communications including broadcast antennas, cellular phone towers including private antenna
systems for ham radio and citizen band radio, mounted on the ground or on another structure such as a
rooftop.
Conditions:
Council may, within any zone, permit land or a building to be used in conjunction with
telecommunications structures or antennas subject to the following standards:
a. must meet Industry Canada standards;
b. where it is deemed feasible, a new telecommunications structure or antenna shall share
existing telecommunications structure or antenna infrastructure or shall modify or replace
an existing telecommunications structure or antenna to accommodate the new and existing
telecommunications structure or antenna provided the changes to the existing
telecommunications structure or antenna do not detract from the appearance and character
of the surrounding properties;
o
the colour, location, and design of a new telecommunications structure or antenna
shall not detract from the appearance and character of the surrounding properties
and do not negatively impact aesthetically on adjacent lands and uses; and,
o
The site or the building on which the telecommunications structure or antenna is
erected or situated should be landscaped or treated in a manner to minimize the
visual impact on the surrounding area.
4.8.2
Easement
Definition: Easement means the right to use land, most commonly for access to other property, pr as a
right-of-way for utility service.
Conditions:
1) No permanent building shall be constructed over any known easement, whether that easement has
been assigned to the Town, a department of the provincial or federal government, or any utility
company (i.e.: Newfoundland Power, telephone, cable television, Crown Land). Permanent buildings
include, but are not limited to, all dwellings and accessory buildings.
2) Access to these easements by service providers must be preserved;
4.8.3
Utilities
Definition: Utilities means a development that comprises a system or works including municipal services
used to provide one or more of the following for public consumption, benefit, convenience or use:
a. water;
b. sewage disposal;
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C.
drainage;
d. fuel;
e.
electric power;
f.
waste management;
g.
street lighting;
h. telecommunications,
i.
and includes minor buildings and the thing that is provided for public consumption, benefit,
convenience or use but does not include a water treatment plant, sewage treatment plant, solid
waste landfill, or power plant (including energy generating facilities in 4.4.4).
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Water treatment plant, sewage treatment plant, solid waste landfill, or power plant shall be
reviewed as required by the development application process for the purposes of establishing
conditions for development and ensuring appropriate referrals are made to agencies such as
Environmental Assessment Division, Waste Management Division, etc.
3) No adverse effect on adjacent land uses is created.
4) The size and appearance of such works must be in keeping with adjacent uses; and,
5) Provision should be made for buffering in the form of landscaped areas between uses;
4.8.4
Municipal Drinking Water Treatment Facility
Definition: A Municipal Drinking Water Treatment Facility means a facility including a building and any
outdoor reservoirs and facilities required for the transport and treatment of water for the purposes of
providing potable drinking water for the community in accordance with applicable federal and provincial
standards.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) The water treatment plant shall be reviewed as required by the development application process for
the purposes of establishing conditions for development and ensuring appropriate referrals are
made to agencies such as Environmental Assessment Division, Water Resources Management
Division, etc.
4.8.5
Municipal wastewater (sewer) treatment facility
Definition: A Municipal wastewater (sewer) treatment facility means a facility including a building and
any outdoor reservoirs and structures required for the treatment of sanitary domestic wastewater
discharged from residences and from commercial, institutional, industrial and similar facilities in the
municipality in accordance with applicable federal and provincial standards.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) The wastewater treatment plant shall be reviewed as required by the development application
process for the purposes of establishing conditions for development and ensuring appropriate
referrals are made to agencies such as Environmental Assessment Division, Water Resources
Management Division, and any other provincial or federal agencies, as required.
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5.0
ACCESSORY USES & ACCESSORY BUILDINGS AND HOME BUSINESSES
5.1
ACCESSORY USES
5.1.1
General accessory Uses
Definition: Accessory Use as defined in the Minster's Development Regulations (see Appendix)
' ... means a use that is subsidiary to a permitted or discretionary use and that is customarily expected to
occur with the permitted or discretionary use .. .';
Examples of accessory or subsidiary uses and buildings to a primary use include, but are not limited to,
the following:
a.
facilities for the serving of food and alcoholic beverages in an arena or other public gathering
place, adult day care, senior's residence, marina, or hotel;
b. childcare, catering, convenience and take-out food service maybe permitted as an accessory use
to a recreational facility, provided that they are contained within the building envelope of the
recreational building;
c.
a gift or souvenir shop in a museum, hotel or other public institutional establishment;
d. an office, convenience store, or small catering establishment in a campground;
e. a dock, wharf, slip or stage associated with a permitted use; exception includes a storage
building and workshop only if it does not detract from the nature of the neighbourhood;
f.
a storage building or workshop;
g.
a subsidiary apartment which is a separate dwelling unit constructed within and subsidiary to a
self-contained dwelling or commercial building;
h. a home business;
i.
a residence only associated with a resource use, such as a farm house on an agriculture farm
operation;
j.
a satellite dish or similar device attached to a building;
k.
a wind generator, solar panel, radio antenna, or similar device;
I.
an office or storage building associated with a commercial building; and,
m. a workshop or storage building dock associated with an industrial use.
General Condition for all accessory uses:
1) Must conform to Use Zone Table in which the primary permitted use is located;
5.1.2
Subsidiary Apartments
Definition: Subsidiary apartment means a separate dwelling unit constructed within, or attached to, and
is subsidiary to a single detached dwelling.
Conditions:
1) One subsidiary apartment may be permitted in a Single Detached Dwelling;
2) A subsidiary apartment shall be contained within the same building as the primary residential use.
3) Council may consider a subsidiary apartment for seniors as a granny suite built as an attachment to
the main floor of the principal Single Detached Dwelling.
4) For the purpose of calculating lot area and yard requirements, the subsidiary apartment shall be
considered part of the Single Detached Dwelling.
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5) A minimum of two off-street parking spaces shall be required, one for the primary use and one for
the subsidiary apartment.
6) The minimum floor area required is 40 m2for a one-bedroom subsidiary apartment, plus 10 m2 for
each additional bedroom.
7) The apartment shall not alter the appearance of the structure as a Single Detached Dwelling;
8) The apartment shall have a separate entrance/egress to the outside;
9) The apartment must be completely self-contained, with facilities for cooking, sleeping, and bathing.
10) For lots without municipal water, Service NL shall determine water and sewerage disposal
requirements and a permit shall be issued subject to its approval.
5.1.3
Satellite Dish - Residential
Notwithstanding the requirements of the Use Zone Tables, a satellite dish associated with a residential
use shall be permitted subject to the following condition: a satellite dish which is attached to or forms
part of a dwelling shall not exceed a diameter of one decimal two five metres (1.25 m);
5.1.4
Satellite Dish - Commercial
A satellite dish associated with a commercial use shall be permitted to the following conditions:
1) unless otherwise determined by Council, there should be one satellite dish per lot;
2) the satellite dish shall not be located in the front yard or flanking side yard of a lot, unless the area
surrounding the satellite dish is screened from public view by an adequate natural buffer or screen,
the dish is consistent with the surrounding development of the area and the satellite dish does not
create any visual obstruction to adjacent developments or passing vehicular traffic.
3) the satellite dish does not obstruct views from other properties.
4) the satellite dish is anchored to the building or site to withstand the appropriate wind loads as
determined by Council.
5) the satellite dish design, structure and colour are complimentary and sensitive to both the
development to which it is attached or situated and the immediate surrounding properties. In cases
where Council deems it appropriate, a satellite dish shall be required to be screened or landscaped
in accordance with Council's requirements.
5.1.S
Outdoor Storage
1) Outdoor storage shall not be located in front yards, unless specified in the zone.
2) The Council may require screening from street and other surrounding development which may
include fencing or landscaping.
3) Outdoor storage should be maintained with a stable surface to prevent raising or movement of dust,
clay, mud or loose particles.
4) The Council may, where a development is unsightly or dangerous to health or safety, order the
owner or occupier of the site to remove and dispose of unsightly or dangerous materials or
buildings, or restore the unsightly or dangerous materials or buildings to a more acceptable and
pleasing condition.
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5.1.6
Domestic (movable) sawmill
Definition: A domestic sawmill means a domestic sawmill licenced under the Forestry Act, 1990 which is
approved for personal and private use only (non-commercial).
Conditions:
1) Subject to the conditions of the Use Zone requirements and the conditions of the licence from the
Forestry Division;
5.2
ACCESSORY BUILDINGS
5.2.1
Accessory Buildings - General
Definition: Accessory Building as defined in the Minster's Development Regulations (see Appendix)
includes 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; examples include:
-
for residential uses, domestic garages, carports, ramps, sheds, swimming pools, greenhouses, cold
frames, fuel sheds, vegetables storage cellars, shelters for domestic pets or radio and television
antennae,
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for commercial uses, workshops or garages, office or storage building and
-
for industrial uses, garages, offices, workshop or storage building, raised ramps and docks;
General Conditions:
1) Accessory buildings are permitted in each use class provided the buildings are clearly incidental and
complimentary to the main buildings' character, size and use.
2) Accessory buildings shall not be used for human habitation.
3) The side yard requirements set out in the applicable Use Zone Tables shall apply to accessory
buildings wherever they are located on the lot but accessory buildings on two (2) adjoining
properties may be built to property boundaries provided they shall be of fire-resistant construction
and have a common firewall.
4) Quonset accessory buildings may be permitted within the Rural, Industrial General, Industrial-Mining
zones only.
5) Accessory buildings shall not be located in an easement.
5.2.2
Accessory Buildings - Residential Use Classes
Conditions
1) Location:
a.
An accessory building shall not be built within any easement area;
b. Accessory buildings shall not be located in front of the building line (front yard) on the street
which the building has its legal civic address.
EXCEPT:
b. An accessory building on a corner lot may be located in front of the building line on the flanking
yard provided the location does not impede visibility on the flanking street, and the accessory
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building is set back a minimum of 8 m from the flanking street; these accessory buildings are
limited to 50 m2- provided that:
i.
A public notice has been advertised in accordance with the requirements for
Variances;
ii.
The slope of the lot and/or natural screening effectively blocks the view of the
building from the street and adjoining properties. The placement of the building
must not negatively affect neighbouring properties; and,
iii.
A site plan is submitted showing all buildings on the lot including the proposed
accessory building.
2) Size: The lot coverage for all accessory buildings combined shall not exceed 10% of the lot area and
no single accessory building (located in the rear yard) shall exceed 80 m2-
3) Setbacks: A minimum of 2 metres from any property boundary; and 2.4 metres from any building;
4) Height:
a.
Where the residence (primary use) is one-storey in height, the accessory b.uilding shall not
exceed the height of the primary building;
b. Where the primary building (single detached dwelling, detached dwelling, town home, etc.)
is more than two stories in height, the accessory building cannot be greater than 2/3 the
height of the primary building;
5) Accessory buildings shall not be used for commercial or industrial uses on a residential property,
regardless of the use zone in which it is located, unless Council has issued a permit for such use;
6) Repairs to vehicles, other than minor vehicle maintenance, are prohibited in residential accessory
buildings;
7) No truck, bus, semi-trailer, or other vehicle body shall be used as an accessory building;
8) Except for minor maintenance, no residential accessory building shall be used for the repairing,
painting, dismantling, or scrapping of vehicles or machinery;
9) An accessory building may be used for a home business as outlined in Home business section.
10) Exterior Cladding: With the exception of greenhouses, the exterior cladding of the accessory building
should match or coordinate with the exterior siding of the main dwelling on the lot and should be
residential in character.
11) In making decisions with respect to accessory buildings, Council shall consider:
a. The location of the accessory building on the lot;
b. The size of the accessory building compared to the dwelling on the lot and the size of
structures on neighbouring properties;
c. Visibility of the structure from neighbouring properties and/or street;
d. If the accessory building shall block a view and/or light from adjoining properties;
e. The use of the accessory building;
f.
Site conditions, such as topography and the presence of wetlands; and
g. Any other on-site conditions that may warrant Council's considerations.
5.2.3
Accessory Buildings - Non-Residential
5.2.3.1
General
An accessory building associated with a non-residential use shall be permitted, subject to the following
requirements:
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1) an accessory building shall be located on the lot so that it has no undesirable impact on the private
enjoyment of adjoining residential lots;
2) the use of an accessory building shall be directly related to the principal use or building on the lot;
3) Maximum lot coverage: Provided that the total lot coverage of all buildings on the property do not
exceed the maximum coverage on the Development Standards table for the zone in which it occurs,
no lot coverage requirement is set out specifically for a non-residential accessory building;
4) an accessory building shall not be erected or placed upon any easements;
5) an accessory building shall maintain a minimum side yard and rear yard of 2 metres and where it
abuts a residential use this must be 5 m;
6) an accessory building shall maintain a minimum separation distance from the main building as
required by the National Building Code;
7) radio and television antennae should have a maximum height of 15 metres;
8) the exterior siding of an accessory building should match or be complimentary to the exterior siding
of the principal building on the lot.
9) For a use that could occur in residential, public/institutional, commercial and industrial zones, a
wharf/Boathouse/Slipway/Breakwater is subjected to 5.2.3.3.
5.2.3.2 Trailers
The use of a trailer as an accessory building shall be permitted within the Industrial Zone, subject to the
trailer meeting the following conditions:
a.
the use of the trailer shall be restricted to storage purposes only;
b. the trailer shall not be used for human habitation;
c.
the trailer should be located in the rear yard of the lot so that it is not visible from the street;
d. the trailer should not be permitted to be located in a rear yard which abuts a residential or open
space Use Zone;
e. the trailer should be placed and anchored on the site in accordance with the requirements of
Council;
f.
the trailer shall be kept in a good condition aesthetically and structurally; and
g. if, in the opinion of Council, the appearance and structural soundness of the trailer is
unacceptable, the trailer shall be required to be removed from the site immediately.
5.2.3.3
Wharf/Boathouse/Slipway/Breakwater
1) Must meet Use Zone Site Development Conditions;
2) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
3) Wharf/Boathouse/Slipway/ Breakwater structures shall follow the guidelines for the Construction
and Maintenance of Wharves, Breakwaters, Slipways and Boathouses.
4) The Applicant must obtain a permit under of the Water Resources Act, 2002 under Section 48 for any
infilling or dredging work associated with these structures. Contact: Manager, Water Rights &
Investigations Section - (709) 729-4795
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5.3
Home Business in the Residential Land Use Class
Accessory uses in residential areas are primarily those subsidiary activities occurring in homes; these are
most commonly referred to as 'home businesses' and are sufficiently prevalent to require specific
standards to ensure that the intent of each residential zone can be protected for the enjoyment of its
residents.
5.3.1
General Home Business
Definition: General home business means a subsidiary use of a dwelling or associated accessory building
for commercial use involving the provision or sale of goods and/or services without detracting from the
residential character of the neighbourhood in terms of traffic, or any other nuisance. This does not
include Remote work {also known as work from home [WFH] or telecommuting) is a type of flexible
working arrangement that allows an employee to work from remote location outside of corporate
offices.
Home business examples may include, but are not limited to:
1) Professions, such as an accountant, architect, auditor, engineer, realtor, insurance agent,
planner, lawyer;
2) Personal service that do not disrupt the residential character of the neighbourhood, such as a
hairdressing, tailor, photographer, caterer's establishment, shoe repair, dressmaking, sewing
repairs and tailor shop, small appliance, clock/watch, bicycle, ski and snowboard and computer
repair, locksmiths, manicurists;
3) Artisan and other home crafts;
4) Music and dance lessons and educational tutoring;
5) Telephone and mail order business;
6) Any business applying for only a phone/fax/internet service is permitted;
7) Food preparation for catering services and baking;
8) Care services, such as child care, or home-care; and similar occupations or businesses.
9) Bed and Breakfasts;
10) Art gallery and framing shop;
11) Pet grooming services;
12) Furniture repair and upholstery;
13) Sale of bedding plants and trees grown on the same lot;
Exclusions:
An accessory home business shall not include any business activity related to any of the following uses:
a.
Occupations that discharge or emit odors, noxious or toxic matter or vapors; heat, glare, noise
and/or radiation;
b. Manufacturing, welding or any other light industrial use;
c.
The salvage, repair, maintenance or sales of motor vehicles, or motor vehicle engines or parts;
d. Tow truck operations;
e. The use of mechanical or electrical equipment except as ordinarily utilized in purely domestic,
household, recreational hobbies or a home office use;
f.
The use of any motor vehicle exceeding 4,500 kg licensed gross vehicle weight, or a commercial
vehicle unless such vehicle is completely enclosed within a building;
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g.
Materials and commodities that involve delivery to and from the home business residence in
such bulk or quantity as to require regular or frequent delivery by a commercial vehicle or
trailer;
h.
Business that results in traffic congestion, on street parking overflow, electrical interference, fire
hazards or health hazards;
i.
j.
k.
I.
m.
n.
o.
p.
Veterinary clinics, pet breeding and boarding kennels;
Orchestra and band training;
Office uses that generate regular daily visits by clients, as in a clinic;
Public gathering use;
Telephone or mail order sales of goods where customers enter the premises to inspect,
purchase or take possession of goods;
The sale of any commodity not produced on the premises, except for personal service-related
products;
Warehouse outlet;
Contractors Yards;
q. Adult Entertainment Uses; and,
r.
Any other use that is not complimentary to the quiet enjoyment of a residential neighbourhood.
General Development Conditions for Home Businesses:
1) The use is clearly subsidiary to the residential use, does not alter the character of the property or
detract from the residential character of the neighbourhood. The primary use of the property
remains residential and the scope and intensity of the use classes is entirely compatible with the
residential uses of the property and neighbourhood;
2) The external appearance of the dwelling or accessory building shall not be changed by the home
business.
3) Activities associated with the use are not hazardous, and are not a nuisance to the occupants of
adjacent dwellings; no mechanical equipment is used except that is reasonably consistent with the
use of a dwelling
4) No regular parking of commercial vehicles or trailers except for one vehicle with a gross weight of no
greater than one tonne shall be permitted.
5) The residence is occupied by the operator of the home business.
6) The business within the dwelling must be owned and operated by 1 (one) resident of the dwelling.
The property owner must authorize an application for a home business by a resident who is not the
owner of the property. Working within the residence, the home business is limited to 1 (one)
employee or staff in addition to the owner/operator.
7) There shall be no wholesale or outdoor storage or display of goods or equipment.
8) There shall be no use or storage of hazardous or dangerous materials.
9) Any retail sales are incidental and subsidiary to the approved use; no wholesale or retail sale of
goods is externally apparent, for example, if sale of crafts occurs, it does not occur through walk-in
or drive-in trade. A home business is not a retail shop, nor for customer destination wholesale
sales.;
10) The residential lot has sufficient area to accommodate the parking and loading requirements of the
dwelling unit and the home business. In addition to the two required parking spaces for a residential
zone use, a home business shall provide one additional parking space for each non-resident
employee working at such facility. The home base business applicant should provide a site plan that
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indicates the parking space's location and any landscape improvements related thereto at time of
business license application.
11) The only home businesses that can be conducted outside the dwelling or accessory building are Non-
farm operation animal husbandry and market or home garden uses as defined under 'Agriculture -
Urban' and Child Care.
12) A non-illuminated identification sign not exceeding 0.2 m2 in area shall be permitted provided that
the sign is consistent with the residential character of the neighbourhood.
13) The use must be carried out inside the dwelling unit or inside an accessory building located on the
same lot; the home business shall occupy:
a. no more than thirty percent (30%) of the total floor area of the dwelling unit to a maximum
of 55 m2 can be used for the home business; and,
b. the home business can be housed all or in part in 1 (one) accessory building.
14) Council may require fencing, screening, and/or a minimum buffer to protect the amenity of adjacent
uses.
15) The home business shall not create traffic safety or traffic congestion concerns. The use shall not
generate traffic in excess of an average of 3 customer visits per hour and no home business shall
operate between 9 pm and 7 am.
16) Sufficient off-street parking must be provided; one dedicated parking spot is required if there is the
allowed employee of the home business working in the dwelling. If there shall be customer visits,
adequate parking should be provided to ensure no parking on the street by residents, staff, or
customers from the property housing the home business. Parking should respect and maintain the
residential character of the neighbourhood;
17) The home business shall adhere to all other conditions that Council considers necessary to protect
the amenity of adjacent uses and the neighbourhood.
18) The home business shall not use water or generate sewage in excess of what is normal is the
residential area and can be accommodated by the municipal water supply and sewage system.
5.3.2
Development Conditions for Specific Home Businesses
5.3.2.1
Bed and Breakfast
Definition: Bed and breakfast, sometimes referred to as a hospitality home or inn, means an owner-
occupied or owner-managed dwelling for paid temporary accommodation with no more than four (4)
guest rooms. The establishment may include a self-serving dining area for the use by overnight guests.
Catered dining may be considered on a limited-use basis. It does not include a hotel, motel or hostel.
Conditions:
1) The principal use of the residential dwelling unit shall continue to be the home for the ongoing
occupation by a single family; no other use such as for a Residential Care or Boarding use shall be
permitted at the same time as a Bed and Breakfast use;
2) The person(s) operating the Bed and Breakfast shall hold a valid license issued by the agency/
agencies having jurisdiction or authority;
3) No more than four bedrooms accommodating not more than eight persons at any one time may be
used by residential homes for a Bed and Breakfast use;
4) Bed and Breakfast amenities should include a minimum of sleeping accommodation area per
bedroom of 12 m2 and full bathroom and washroom facilities with potable hot and cold water for
each bedroom;
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5) A Bed and Breakfast Use is not permitted within a subsidiary apartment, a mobile home or within
multi-unit dwellings units in the zones.
6) Must conform to Use Zone Table and conditions.
5.3.2.2
Boarding House
Definition: Boarding house or lodging house means a Single Detached Dwelling in which rooms are
regularly rented to 3 or more persons other than the immediate family of the owner or tenant. Guests
are semi-permanent boarders/lodgers, whereas hotel guests are travelers and transient guests. For
clarification, no permit is required for 1 or 2 boarders in a Single Detached Dwelling.
Conditions:
(1)
Must conform to Use Zone Table and conditions as well as the General Standards for Home
Businesses
5.3.2.3
Day Care: Residential
Definition: Day care or family and group care means a Single Detached Dwelling accommodating up to
but no more than six (6) persons exclusive of family or staff receiving care in a home-like setting, for
example, group homes, halfway house, child, adult care (seniors) or disabled persons.
Conditions
1) The section of the street on which the use is located allows sufficient area and sight distance for the
safe and convenient drop off and pick up of children without hindering the safety and convenience
of vehicular and pedestrian traffic on the street, or the development provides adequate off-street
drop off or pick-up spaces satisfactory to Council;
2) the use is compatible with nearby uses; that is, the use of the dwelling does not materially differ
from, nor adversely affect, the amenities of the adjacent residences, or the neighborhood in which it
is located;
3) the use shall occupy a maximum of forty percent (40%) of the floor area of the dwelling unit;
4) the use should have a maximum of six (6) adult day care users present at any time;
5) a minimum of 5 m2 of net floor space per person should be provided for use by adult day care users,
this aggregate floor space should be utilized for the purpose of group amenity areas and individual
rest areas;
6) the operator of the day care shall maintain the dwelling in which the use is located as his/her
primary residence;
7) the use shall operate only during the full daytime period between 7:30 a.m. and 6:00 p.m.
8) A family group care centre use is permitted in any dwelling or apartment that is adequate in size to
accommodate the number of persons living in the group, inclusive of staff, provided that, in the
opinion of Council;
9) Council may require special access and safety features to be provided for the occupants before
occupancy is permitted.
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5.3.2.4
Short Term Rental (Airbnb)
Definition: Short-Term Rental means any rental of overnight accommodations that is not a Hotel or Inn,
Bed & Breakfast, Boarding house or Group home.
Conditions:
1) Short-Term Rental uses must have a permit from the Town and are only allowed as a discretionary
use within the RMD, Mixed Use and Rural zones, and where such dwelling units are well maintained
and attractive to the intended tourism accommodation use;
2) Short-Term Rental proposed uses shall need to address the discretionary use provisions for
conditions of use, including neighbourhood consultation and receive approval of the Authority;
3) For every bedroom available to be rented must have parking spaces (minimum of 2 for owner plus
one for every unit);
4) A Short-Term Rental Use is not permitted within a mobile home.
5) Council has the discretion to limit the density of a combination of Short-Term Rentals and Bed and
Breakfast operations in a neighbourhood;
5.3.2.5
Parking for Home Business
1) In addition to the two required parking spaces for a residential zone use, a Home business shall
provide one additional parking space for each non-resident employee working at such facility;
2) The Home Base Business applicant should provide a Site Plan that indicates the parking space's
location and any landscape improvements related thereto at time of business license application.
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6.0
GENERAL REGULATIONS
The following sections contain standards and conditions that may be relevant in any zone for any
development, subject to the site location and proposed use or development.
6.1
NUISANCE PROHIBITION & BUFFERS AND SEPARATION BETWEEN USES
6.1.1
Prohibition on Nuisance, Dangerous or Unsightly Land Use/Development
Definitions:
Nuisance means activities that created a nuisance 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 (for example, in the Industrial zones) and any other authority having
jurisdiction.
Dangerous or unsightly means partly demolished, decayed, deteriorated or in a state of disrepair so as to
be dangerous, unsightly or unhealthy, and includes property containing:
a.
ashes, junk, cleaning of yards or other rubbish or refuse or a derelict vehicle, vessel, item of
equipment or machinery, or bodies of these or parts thereof,
b. an accumulation of wood shavings, paper, sawdust, dry and inflammable grass or weeds or other
combustible material,
c.
an accumulation or collection of materials or refuse that is stockpiled, hidden, or stored away and is
dangerous, unsightly, unhealthy, or offensive to a person, or
d. any other thing that is dangerous, unsightly, unhealthy or offensive to a person, and includes
property, a building or structure with or without structural deficiencies
i.
that is in a ruinous or dilapidated condition,
ii.
the condition of which seriously depreciates the value of land or buildings in the vicinity,
iii.
that is in such a state of non-repair as to be no longer suitable for human habitation or
business purposes,
iv.
that is an allurement to children who may play there to their danger,
v.
constituting a hazard to the health or safety of the public,
vi.
that is unsightly in relation to neighbouring properties because the exterior finish of the
building or structure is not maintained,
vii.
that is a fire hazard to itself or to surrounding lands or buildings,
viii.
that has been excavated or had fill placed on it in a manner that results in a hazard, or
ix.
that is in a poor state of hygiene or cleanliness;
Condition:
1. No building or land shall be used for any purpose which may be a nuisance, dangerous or unsightly.
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6.1.2
Buffers and Separation between uses
Definition: Buffer means a berm, wall or opaque fence, row of trees or shrubs, hedge, fence, or distance
separation that provides a barrier between incompatible uses intended to obstruct or reduce the noise,
lighting glare, unsightly views or any other nuisance of one land use or property onto another.
Council may require landscaping and screening buffers for a proposed development in order to provide:
a.
an acoustic barrier;
b. an attractive visual continuity and appearance between developments or on an individual site;
c.
delineation of an area; and
d. protection for the natural environment.
Council may require a landscaping or screening buffer between different or incompatible uses, which
shall be maintained by the owner or occupier of the property to the satisfaction of Council, as follows:
a.
between residential and non-residential uses which would consist of either a screen of a
minimum height of 2.4 metres;
b. Where an industrial, commercial or public institutional development permitted in any Use Zone
abuts a street that is used as an access into a residential area or zone, a structural barrier or
fence may be required in the flanking street side yard by Council;
The following tables provide recommended and mandatory separation distances between various types
of land uses that may not be compatible, depending upon location and site conditions, as follows:
-
the first table deals with Non-Residential uses adjacent to or near Residential uses; and,
-
the second table deals with non-residential uses and roads and other non-residential uses
and roads.
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Separation Between
NON-RESIDENTIAL Uses and RESIDENTIAL Uses (m=metres)
Non-residential uses:
Buffer (m)
Mandatory (M) or Recommended ((R)
Agriculture - farm operation for livestock
600
M
Amusement establishment
45
R
Auto body; and Automotive repair
20
R
Bar, club, lodge,
100
R
Commercial
3
R
Crematorium
70
R
Garage
20
R
Industrial - general and hazardous
100
R
Industrial - light
10
R
Kennel - > 4 dog runs
215
R
Kennel - four or fewer dog runs
100
R
Mineral working- referral buffer (no blasting)
300
M
Mineral working- referral buffer (blasting)
1000
M
Outdoor Commercial Patio
30
R
Public institutional
3
R
Restaurant - drive through
3
R
Salvage/scrap yard
300
R
Solid waste recycling/disposal &composting sites
300
R
Separation Between
NON-RESIDENTIAL Uses and other NON-RESIDENTIAL Uses
Uses
Separation distance in metres (m)
Mandatory (M) or Recommended (R)
Commercial
45 from Centerline of Street
M
Agriculture
Cottage
30 m from Watercourse
M
Mineral working
150 m from proposed development
M
90 m from Designated Protected Road
M
50 m from Local public roads
M
SO m Commercial, public &institutional uses
M
Salvage/scrap
100 m from existing/future commercial
R
yard
25 m public highway or street
M
SO m from Watercourse/water body
M
Solid waste
150 m from potential development areas
R
recycling/ disposal
50 m from Watercourse/ water body
M
and composting
90 m Class I and II Protected Roads
M
sites
50 m from Class Ill and IV Protected Roads &
M
local roads
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When evaluating the type and location of buffers, Council should consider general wildlife habitat and
landscape connectivity for habitat protection. This may include:
a.
Maintaining appropriate riparian buffers, which are natural green belts along wetlands and
waterbodies (ponds, rivers, creeks etc.). The Wildlife Division recommends a 30 metre
minimum undisturbed natural vegetated green belt could be a standard requirement when
dealing with any type of land use activity; wider green belts are suggested when bordering land
uses include for example agricultural practises.
b. To maintain landscape connectivity, green belts should be connected to forested areas or other
habitat patches to create travel corridors for various wildlife species when considering
retention of vegetation on development sites during lot clearing.
c.
Council should consider restricting vegetation clearing should always be done outside the May
01 to July 31 period (some raptors start breeding in March) as disturbance can be most
detrimental during that sensitive breeding/ young rearing period.
6.2
LOT AND BUILDING SITING
6.2.1
Lot Size Integrity
1. No lot shall be reduced in area, either by the conveyance or alienation of any portion thereof, such
that:
a. the lot area, frontage, front yard, rear yard, and side yards are less than the minimums
permitted by these Regulations for the zone in which such lot is located, and
b. the lot coverage of all buildings exceeds the maximum permitted by these Regulations for
the zone in which such lot is located.
2. Where any part of a lot is required by these Regulations to be reserved as a yard, it shall continue to
be so used regardless of any change in the ownership of the lot or any part thereof and shall not be
deemed to form part of an adjacent lot for the purpose of computing the area thereof available for
building purposes.
6.2.2
Unsubdivided Land
Development is not permitted on unsubdivided land unless sufficient area is reserved to satisfy the yard
and other allowances required in the Use Zone in which the property is located. These requirements
must be retained when the adjacent land is developed.
6.2.3
Development to Front on to a Publicly Maintained Road
1) All development shall front on to a publicly maintained road (Provincial or Municipal) and have
independent, approved access. Exceptions include: (1) a development within a Planned Unit
Development where there may be an internal road plan; however, the PUB must front onto a
publicly maintained road; and (2) natural resource uses and associated industries, i.e., agriculture,
forestry, mineral working, etc. and cottage development accessible by resource roads in the Rural
designation and Rural zone.
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2) A Planned Unit Development must front on to a publicly maintained road, but within the Planned
Unit Development, the following types of development may be allowed on lots that front on to a
private road provided that arrangements are made for the maintenance of the on-site road, but that
the road is not maintained by a Council at public expense:
a.
commercial rental cottages;
b. seasonal commercial uses related to tourism;
c.
resort developments;
d. campgrounds;
e.
Institutional Uses;
f.
seasonal cottage developments not intended for permanent residential use; and,
g. vacant land condominium subdivisions.
6.2.4
Building Line and Setbacks (Refer to Appendix 1)
1. The building line setback is measured from the front property line;
2. Adequate building setback from roads shall be required in order to maintain road standards,
consider public safety requirements for side/back/front yards; and conform to the existing
development pattern; and, ensure adequate provision is made for light, privacy, and amenity.
3. Setbacks should be sufficient to allow for landscaping of front yards, vehicle off-street parking and
take into consideration Town service obligations, such as, snow clearing;
4. To encourage a more interesting streetscape Council can allow staggered building line setbacks
5. 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 the section on Variances in these Regulations.
6. If required, the building line as set out in the provincial Building Near Highways Regulation along
any provincial highway, must be adhered to.
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6.2.5
Flanking or Corner lots and double fronting lots
In the case of a corner lot, the shortest lot line facing the
street shall be the front lot line; therefore, the other lot
line is the flanking side yard, and in the case of double
fronting lots or where the lot lines are equal in length, the
front lot line shall be determined by the orientation
direction of the majority of adjacent neighbourhood
buildings, and the other lot line is the flanking side yard.
Abutting Yard
: V
-----~---
-Yan! I] :
Abutting Yard
I
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l
FrontY- rd
' '
6.2.6
Side Yards and Confined lots
= =-~ ---,(o\:===l;::::::io):::====
~~
IW WI
An unobstructed side yard shall be provided on the exposed sides of every building in order to provide
access for the maintenance of that building and to provide the required separation distance between
buildings for fire and safety protection under the National Building Code.
A Confined lot is a lot that does not meet the lot dimensions for the development standards for the zone
and the lot and cannot be brought into conformance because existing development prevents the
acquisition of land to bring it into conformance without putting those adjacent properties out of
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conformance. Development can only be considered if it meets the minimum standards for Confined lots
as set out on the Development Standards table for the zone in which the lot is located.
6.2.7
Multiple Uses on One Lot
Where two or more different uses may exist in a single building, more than one main building may be
permitted on a single lot (or a single lot may contain more than one permitted use,) provided that each
use shall conform to all requirements in these regulations that are applicable to that use. EXCEPTION:
This does not apply to a Single Detached Dwelling that is not part of a planned unit development.
Multiple use may not be permitted where the Authority determines that the proposed use would not be
compatible with existing uses, on or adjacent to, the lot by reason of safety, amenity, appearance, or
nuisance.
Where more than one main building is developed on a single lot, sufficient area shall be reserved to
satisfy the yard requirements and other allowances outlined in the Use Zone Table applicable to the lot.
These allowances shall be maintained when the adjacent land is developed.
6.2.8
Civic numbering
The front wall of a building shall face the street on which it is located and shall have a civic number easily
visible for fire and emergency services.
6.2.9
Building Orientation and Quality
Wherever possible, the siting of a building on a lot should be configured to optii:nize winter solar
exposure and take into consideration street/building layout, shading, landscaping, and on-site parking.
All building materials for exterior finish shall be subject to approval of Council in respect to acceptable
visual quality and design appearance. Any outside elements including exposed ductwork, outside air
conditioning units, cooling towers and tanks are subject to the approval of Council in respect to
acceptable visual quality.
6.2.10
Heritage Building or Structure
Where Council designates a building or structure as a heritage building or structure, no person shall pull
down or demolish the designated heritage building or structure except for life safety reasons or to carry
out a public work, nor shall the exterior of the heritage building or structure be repaired or altered
without the written approval of Council.
6.2.11 Sites with steep slopes (>15%)
On lots with a slope of greater than 15%;, a report from a qualified professional is required.
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6.3
LANDSCAPING - GENERAL
1) No site work (clearing or grubbing) shall commence until a development permit is issued including
conditions regarding existing site vegetation and proposed landscaping treatment.
2) The provision of adequate and suitable landscaping or screening may be made a condition of any
development permit for a new development or the renovation of an existing building that includes
site work, where, in the opinion of the Town, the landscaping or screening is desirable to preserve
amenity and/or or protect the environment.
3) Landscaping conditions of a permit or the standard minimum of suitable ground cover requirement
must be achieved within 18 months of completion of the work approved in the development permit.
4) The Council may require a landscape deposit or a financial guarantee in the amount to cover the
costs of the landscaping of the lot or area as a condition of the Development Permit:
5) The deposit shall be paid prior to the issuance of the applicable permit by the Town.
6) The deposit shall be returned upon the successful completion of the landscaping to the satisfaction
of the Town.
7) The amount of the landscape deposit may be set at the amount required to meet minimum suitable
ground cover to prevent soil erosion.
8) A landscape plan accompanying a permit application should include, over and above the
requirements set out in 2.2.2, the following:
a.
height and width of required buffers and/or separation distances, fencing or retaining walls;
b.
location and dimensions of driveway(s), parking areas, hard-surfaced walkways in relation to
landscaping;
c.
location and dimensions of existing vegetation to be preserved or removed;
d. any proposed vegetative landscaping, grass or other flower beds, shrubs, trees and other
landscaping elements, such as mulch, ornamental stone, etc., that are part of a landscaping
plan;
9) The landscaped area should comprise a minimum of soil and grass cover and may also include flower
beds, trees, shrubs, and/or other materials in a design approved by the Town. Mulch or pebbles
alone are not considered landscaping unless they are part of an overall landscape plan.
10) Wherever grass is a requirement for the development of a lot or space, a minimum topsoil depth of
100 mm shall be required for the planting of grass or the laying of grass sods.
11) To preserve existing natural vegetation on a new site, at the direction of Council, the limits of new
development should be delineated in the field and site work shall be located in such a manner to
minimize disruption on the existing and surrounding natural vegetation.
12) All areas that are disrupted by construction should be reinstated by the developer using natural
landscaping with a minimum of topsoil (100 mm) and grass.
13) Whenever an alternate landscaping treatment is approved by Council and the treatment includes
ornamental gravel, the developer or property owner should ensure that an appropriate retaining
wall or border is constructed to contain the gravel within the lot boundaries and along hard-surfaced
driveways, vehicular circulation areas, and parking areas;
14) Landscaping of the Town road right of ways adjacent the property shall be the responsibility of the
property owner. All areas between the curb/sidewalk and the property should be landscaped.
15) Council may require the planting of trees as a condition of a development permit approval.
16) All landscaping must be maintained in good condition, not create a nuisance, and provide sufficient
cover to prevent soil erosion.
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6.4
MUNICIPAL SERVICES AND PUBLIC UTILITIES
Within any Use Zone Council may permit land to be used for the provision of public services and public
utilities if the use of that land is necessary to the proper operation of the public service or public utility
concerned, provided that the design and landscaping of any development of any land so used is, in the
opinion of Council, adequate to protect the character and appearance of the area.
6.4.1 Access and Streets
Definition: Access means a way used or intended to be used by vehicles, pedestrians or animals in
order to go from a street to adjacent or nearby land or to go from that land to the street (definition from
the Minister's Development Regulations}.
Development Standards
1) An access on a municipal road shall be located as specified by the Council; Access(es) shall be located
to the specification of Council so as to ensure the greatest possible convenience and safety of the
street system and Council may prescribe the construction of service streets to reduce the number of
accesses to collector and arterial streets.
2) All access to a provincial highway is determined by the Department of Transportation and
Infrastructure (access permits are administered by Service NL).
3) No vehicular access shall be closer than 10 metres to the street line of a street intersection of a local
road, or 20 metres to the street line of a street intersection in the case of a collector or arterial road.
4) The Council may require the provision of service streets to reduce the number of individual accesses
to an adjacent street.
5) Details regarding off-street loading and parking can be found in Chapter 7.
6) A new street may not be constructed except in accordance with and to the design and specifications
established by Council.
7) Where Council has adopted an access plan, the location of accesses to existing and new
developments shall be in accordance with that plan.
8) Access shall be located so that there is no visual obstruction for drivers of vehicles entering or exiting
the development; therefore, to protect sightlines (view) of motorists and pedestrians:
9) All occupied lands within 7 metres of a street intersection should be kept free of any shrubs, plants,
and trees that shall impede the line of vision clear for motorists and pedestrians, and
10) No building or structure should be permitted to be erected, moved, enlarged, or reconstructed on
any land that is within 7 metres of a street intersection.
11) In order to control access to streets, Council may, by the adoption of an Access Plan:
a.
determine the number, location and layout of accesses to a street;
b.
require an access to a service street, where direct access to an arterial street is not
desirable;
c.
require two or more properties to share a joint access to an arterial street where individual
accesses would not be desirable; and,
Where Council has adopted an access plan, the location of accesses to existing and new
developments should be in accordance with that plan.
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6.4.2
Storm Water Management
1) Land shall be used and graded in such a manner that run-off from the land or development does not
negatively impact adjoining properties, and that all surface drainage should be captured on site in
accordance with the requirements of Council.
2) Development of land should be undertaken with the objective of wherever possible achieving zero
net run off with respect to on-site storm water runoff.
3) Where development results in the discharge of storm water into a wetland, waterbody, or
watercourse, such discharge should be designed to minimize any environmentally detrimental
effects on the receiving water or watercourse and should be designed and constructed in
accordance with the requirements and conditions of Council.
4) Consideration should be given to green approaches to storm water management.
6.4.3
Effluents:
1) Liquid or Semi-Solid Industrial Drainage: No liquid or semi-solid industrial waste or effluent should
be discharged on the surface or into the ground and no water borne industrial waste or effluent
should be discharged on the surface or into the ground, into the surface drainage ditches or sanitary
sewers unless the chemical and/or biological content is acceptable to Council or authorities having
jurisdiction.
2) Any effluent or runoff leaving the site shall be required to conform to the requirements of the
Environmental Control Water and Sewage Regulations, 2003
http:// assembly. n I. ca/Leg isl at ion/ sr / regu I ati o ns/ rc030065. htm.
3) Application forms for permits and licences, fee schedules, and guidelines are available at:
http://www.e nv .gov .nl .ca/ env / waterres/ regulations/a ppforms/ index. html.
6.4.4
On-Site Services (Wells and onsite sanitary sewer systems)
Approvals for installation of on-site water and sewer systems must be obtained from Service NL.
6.4.5
Environmental Investigations
Approvals for any development that may have an environmental impact must be referred to
Environmental Investigations, Service NL, and/or the Pollution Prevention Division.
6.5 PARKING AND OFF-STREET LOADING
6.5.1
Parking 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. Off-street parking requirements are set out in Section 7.2.3.
2) Each parking space, except in the case of a single detached, semi-detached or attached dwelling,
shall be made accessible by means of a right-of-way at least 3 metres wide.
3) Residential parking spaces shall be provided on the same lot as the dwelling or dwellings.
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4) No regular parking of commercial vehicles or trailers except for vehicles with a gross weight of no
greater than one tonne shall be permitted in a residential zone unless specific provision has been
made for this type of parking with the approval of Council.
5) Parking space for apartment buildings shall be provided in the rear yard where possible.
6) Non-residential parking spaces shall be provided not more than 200 m from the use for which the
parking is required.
7) The parking facilities required by this Regulation shall, except in the case of single detached, semi-
detached or attached dwellings, be arranged so that it is not necessary for any vehicle to reverse
onto or from a street.
8) Where Council permits parking perpendicular to the curb, the minimum dimensions of each parking
stall shall be as follows (in metres):
Parking stall width
2.75 m
Parking stall length or depth
5.5 m
Aisle width separating opposite parking stalls
7.3 m
Aisle width separating a stall from another obstruction
7.3 m
Driveway width
7.0m
9) Where Council permits parking horizontal to the curb, the minimum length of the stall shall be 7
metres and the aisle width shall be at least 4 m, or more if deemed necessary by Council.
10) 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.
11) Other requirements for parking areas are as follows:
a. The parking area shall be constructed and maintained to the specifications of Council,
b.
Lights for illumination of the parking area shall be arranged so as to divert the light away
from adjacent development,
12) Except on a service station or industrial lot, no gasoline pump or other service station equipment
shall be located or maintained in a parking area,
13) No part of any off-street parking area shall be closer than 1.5 metres from the front lot line in any
zone,
14) 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 shall use the full amount of the levy for the provision
and upkeep of alternative parking facilities within the vicinity of the development.
15) Where, in these Regulations, a parking area for more than four vehicles are required or permitted:
a.
a parking area and an adjoining driveway shall provide drainage, lighting, curbs, and
landscaping in accordance with requirements of Council.
b. Except in zones in which a service station is a permitted use, no gasoline pump or other
service station equipment shall be located or maintained on a parking area;
c.
no part of any off-street parking area shall be closer than 2 metres to any lot line in any
zone;
d. access to a parking area in non-residential zones should not be by way of residential zones;
e.
where a parking area is in or abuts a residential zone, a natural or structural barrier at least 1
metre in height should be erected and maintained along all lot lines;
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16) Where, in the opinion of Council, strict application of the above parking requirements is impractical
or undesirable, Council may, as a condition of a permit, require the developer to pay a service levy in
accordance with these Regulations in lieu of the provision of a parking area, and the full amount of
the levy charged should be used by Council for the provision and upkeep of alternative parking
facilities within the general vicinity of the development.
6.5.2
Designated Mobility Impaired Parking Spaces
For any development where parking spaces for person with disabilities are required pursuant to the
Buildings Accessibilities Regulations under the Building Accessibility Act (Newfoundland and Labrador),
such spaces shall be provided on the basis of one parking space per lot or four percent (4%) of the total
number of required parking spaced provided on the lot, whichever is greater, according to the
regulations, and such parking space or spaces should be designated and marked in accordance with the
Designated Mobility Impaired Parking Regulations under the Highway Traffic Act, 1990 (Newfoundland
and Labrador) and the Buildings Accessibilities Act, 1990.
6.5.3
Off-Street Parking Requirements
1) The off-street parking requirements for are set out in the following table, and for those uses not
indicated, then the parking and off-loading requirements are at the discretion of Council. In the case
of developments that include more than one use or development, these standards shall be regarded
as cumulative.
2) Adequate off-street provision for the drop-off and pick-up of persons shall be provided on the same
lot as the development unless otherwise stipulated by Council.
3) The number of spaces to be provided for off-street parking shall be in accordance with the following
table.
USE/DEVELOPMENT
MINIMUM OFF-STREET PARKING REQUIREMENT
Amusement
One space for every 15 m2 of gross floor area
Animal Grooming
One parking space for every 20 m2 of gross floor area
Apartment Building
Three spaces for every two dwelling units
Automotive Sales
In addition to the parking spaces required for the principal building, one
parking space for every 20 vehicles of capacity for sales display at the
automotive sales lot
Bakery
One parking space per 15 m2 of net floor area
Bank
One parking space per 15 m2 of net floor area
Bank - Drive through
One oarking space per 15 m2 of net floor area
Bar (night club)
One parking space for every 5 m2 of seating area
Bed and Breakfast
One parking space per guest room in addition to the two spaces for the
dwelling unit
Car Wash
One parking space per washing bay and one parking space for each 30 m2of
office space
Clinic
Three parking spaces per examining room
Club and Lodge
One space for every 3 persons that may be accommodated at one time
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USE/DEVELOPMENT
MINIMUM OFF-STREET PARKING REQUIREMENT
Commercial Garage
One parking space per 30 m2 of net floor area (parking provision for the
storage of new & used vehicles for sale shall not be counted towards this
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requirement)
Convenience Store
One space for every 20 m2 of gross floor area
Public Gathering
One space for every 60 m2of gross floor areas
Places
Day Care-non-
One space for every 30 m2of gross floor area
residential
Day Care-residential
One parking space per 30 m2 of net floor area
Semi-Detached
Two spaces for every dwelling unit
(Double) Dwelling
Dry Cleaning
One parking space per 30 m2 of net floor area
Educational
Schools - 2 spaces for every classroom; Further education - 1 space for every
5 persons using the facilities (students, faculty and staff)
Funeral Home
One parking space for every 5 m2of gross floor area used by visitors
Furniture & Appliance
One parking space for every 50 m2of gross floor area
Showroom
General Industry
One parking space for every employee
General Service
One space for every 25 m2 of gross floor area
Hazardous Industry
One parking space for every employee
Health Club
One parking space for every 20 m2of gross floor area
Hotel
One parking space for every 3 sleeping units plus one parking space for every
15 m2 of banquet seating area
Light Industry
As specified by Council but not less than one space per 50 m2 of gross floor
area or 5 parking spaces, whichever is greater
Medical and
One space for every 25 m2 of gross floor area
Professional
Medical Treatment
Once space per 22 m2of suite or ward area
and Special Care
Mobile & Mini Homes
Two spaces for every dwelling unit
Office
One space for every 30 m2 of gross floor area
Personal Service
One space for every 25 m2 of gross floor area
Public Gathering Place-
One space for every 6 seats; or one space for every 15 m2of gross floor area
Indoor
Regional Institutional
One parking space for· every 10 spectators that may be accommodated at one
Use
time
Restaurant
One parking space for every 5 m2of seating area
Restaurant - Drive
One parking space per 5 m2of seating space
Through
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USE/DEVELOPMENT
MINIMUM OFF-STREET PARKING REQUIREMENT
Restaurant -Take-out
One space for every 25 m2 of gross floor area
Retail
One space for every 20 m2 of gross floor area
Row Dwelling
Two spaces for every dwelling unit
Service Station
One space for every 20 m2 of gross floor area
Shopping Centre
One space for every 20 m2 of gross floor area
Single Detached
Two spaces for every dwelling unit
Dwelling
Sport & Recreation
Three parking spaces for every 5 patrons of the facility at maximum capacity
facility
Subsidiary Apartment
One parking space for every dwelling unit
Veterinary
One space for every 25 m2 of gross floor area
6.5.4
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 shall be provided
and maintained on the lot measuring at least 15 m long and 4 m wide with a vertical clearance of at
least 4 m. The space shall have direct access to a public street or to a driveway of a minimum width
of 6 m that connects to a public street.
(2) The number of loading spaces to be provided shall be determined by Council during application
review.
(3) The loading spaces required by this Regulation shall be designed so that vehicles can maneuver clear
of any street and so that it would not be necessary for any vehicle to reverse onto or from a street.
6.6.
SIGNS (ADVERTISEMENTS)
6.6.1
Permit Required
No sign or advertisement shall be erected or displayed in the Municipal Planning Area unless a permit
for the advertisement is first obtained from the Authority, except for those signs that are exempt from
control as listed in the following provision.
6.6.1.1
Signs/ Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Municipal Planning Area without
application to the Authority:
a. on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding 0.2 m2 in
area;
b. on an agricultural holding or farm, a notice board not exceeding 1 m
2 in area and relating to
the operations being conducted on the land;
c.
on land used for forestry purposes, signs or notices not exceeding 1 m2 in area and relating
to forestry operations or the location of logging operations conducted on the land;
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d. on land used for mining or quarrying operations, a notice board not exceeding 1 m2 in area
relating to the operation conducted on the land;
e. on a dwelling or within the curtilage of a dwelling, one nameplate not exceeding 0.2 m2 in
area in connection with the practice of a professional person carried on in the premises;
f.
on any site occupied by a church, school, library, art gallery, museum, institution or
cemetery, one notice board not exceeding 1 m2 in area;
g.
on the principal facade of any commercial, industrial or public building, the name of the
building or the name of the occupants of the building, in letters not exceeding one-tenth of
the height of that facade or 3 metres, whichever is the lesser;
h. on any parking lot, directional signs and one sign not exceeding 1 m2 in size, identifying the
parking lot.
6.6.1.2
Provincial Highway Sign Regulations, 1996 (under the Urban and Rural Planning Act, 2000)
A permit for erection or display of advertisement on Provincial Highways shall be obtained from the
Government Service Centre. This requirement applies within a control line established on each side of
every highway, as follows:
a.
Every control line shall be 400 metres distant, measured horizontally, from the centre line of the
roadway or the centre line of the nearest lane of a divided highway.
b. Notwithstanding subsection (1), within the boundaries of each incorporated municipality or the
built-up established areas of unincorporated communities, the control line shall be 100 metres
distant, measured horizontally, from the centre line of the roadway or the centre line of the nearest
lane of a divided highway.
c.
If no permit is issued by Digital Government and Service NL, then a sign cannot be erected.
6.6.1.3
Application for Permit
Application for a permit to erect or display an advertisement shall be made to the authority in
accordance with the requirements for a development permit as set out in the Administration Section.
6.6.1.4
Signs/ Advertisements Prohibited in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or over any highway or street
reservation.
6.6.1.5
Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of an advertisement shall be for a
limited period, not exceeding two years, but may be renewed at the discretion of the Authority for
similar periods.
6.6.1.6
Removal of Signs/ Advertisements
Notwithstanding the provisions of these Regulations, the Authority may require the removal of any
advertisement which, in its opinion, is:
a. hazardous to road traffic by reason of its siting, colour, illumination, or structural condition,
or;
b. detrimental to the amenities of the surrounding area.
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6.6.1.7
Approval Subject to Conditions
A permit may only be issued for the erection or display of advertisements which comply with the
appropriate conditions and specifications set out in the Use Zone Tables in Schedule C of these
Regulations.
6.6.1.8
Non-Conforming sign
A permit may be used for the erection or display of signs or advertisements on a building or within the
courtyard of a building or on a parcel of land, the use of which is a non-conforming use, provided t hat
the advertisement does not exceed the size and type of advertisement which may be permitted if the
development was in a Use Zone appropriate to its use, and subject to any other conditions deemed
appropriate by the Authority.
6.6.2
Sign Standards for Residential zone
The following limitations on size and placement of signs apply to all residential zones;
6.6.2.1
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site occupied by a permitted
use or a legal non-conforming use shall be as follows:
a. The size, shape, illumination and material construction of the advertisement shall meet the
requirements of Council, having regard to the safety and convenience of users of adjacent streets
and sidewalks, and the general amenities of the surrounding area.
b. No advertisement shall exceed 1.5 m2 in area.
c. Free standing portable illuminated signs ("yellow" or " Light Up Portable Signs" ) shall not be allowed
in the residential area.
6.6.2.2
Advertisements Relating to Offsite Uses on Local Roads
The conditions for the erection or display of an advertisement on any site, relating to a use permitted in
this or another zone, or not relating to a specific land use, shall be as follows:
a.
No advertisement shall exceed 1.5 m2 in area.
b. When the advertisements relate to a specific land use, they shall be located within a reasonable
distance of, and only show thereon the name and nature of the distance or direction to, the
premises to which they relate.
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6. 7
PROVINCIAL, FEDERAL AND TOWN INTERESTS
This section outlines the requirements of provincial, federal and municipal interests mapped on the Land
Use Zoning map.
6.7.1 Overlays on Land Use Zoning Maps
Provincial Interest Overlays
Provincial interests shall be shown as 'overlays' on the Land Use Zoning map. They require consideration
of the Town when reviewing development in these areas. The provincial interests include:
1) 300 m Quarry Buffer (Mineral Lands Division): These are shown on the Land Use zoning map and
any applications for development within the 300 m buffer must be referred to the Mineral Lands
Division (refer to section on Buffers); In consultation with the Mineral Lands Division, where the
municipal authority is satisfied that the mineral working shall not adversely affect the specified
adjacent use or natural feature, mineral working may be permitted closer than the minimum
separation distance or buffer specified. By allowing the municipality to waive pre-set separation
distances where it is satisfied there shall be no adverse effect provides for greater flexibility in
selecting sites where mineral workings may be permitted. Where mineral workings are proposed
within a specified distance of a specified adjacent use or natural feature that could be adversely
affected by the mineral workings, special conditions should be applied to mitigate, reduce, limit, or
eliminate the anticipated negative effects. Also, where a minimum required distance was originally
observed when choosing the location of a mineral working, the mineral working shall not be
discontinued or impeded where the buffer is reduced to less than the required distance due to
encroachment of development or zoning boundaries towards the mineral working.
2) Survey Contr.ol Monuments (GIS and Mapping Division): There are approximately 18 survey
monuments in the municipal planning area for the Town of Baie Verte. The GIS and Mapping Division
is required to be contacted ([email protected] ) if works within the Town have the potential of
disturbing an existing Control Survey Markers. The markers shall be indicated on the KML (Google
Earth) version of the Land Use Zoning mapping in order to facilitate referral to the GIS and Mapping
Division;
3) Agricultural Development Area (Land Resources Stewardship Division): Any applications within the
Agricultural Development Area must be referred to the Land Resources Stewardship Division for
review and comment;
Federal Interest Overlay:
Scheduled Salmon River, Department of Fisheries and Oceans Canada
1) All development applications within 50 metres of the Baie Ve rte River, which is a scheduled salmon
rive, shall be referred to the Department of Fisheries and Oceans for comment;
2) The Town shall require that all applicants undertaking work in or near water be referred to the
Department of Fisheries and Oceans website http://www.dfohttp://www.dfo-mpo.gc.ca/pnw-
ppe/index-eng.htmlmpo.gc.ca/pnw-ppe/index-eng.html to ensure compliance with the Fisheries Act,
1985. In cases where impacts to fish and fish habitat cannot be avoided, a request for review should
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be submitted to Newfoundland and Labrador Region - Fish and Fish Habitat Protection Program at
[email protected] . A contact number for this agency is (709) 772-4140.
Municipal Overlay
Snowmobile Trail: In addition, the Town wishes to protect the Snowmobile Trail through the Baie Verte
Municipal Planning area by indicating the location on the Land Use zoning maps as an Overlay; Council
shall take into consideration to protect the integrity of the trail and public safety when considering
development applications within 15 metres of either side of the trail;
6.7.2
Provincial and Federal Interests
Notwithstanding the requirement set out in 1.2 regarding compliance with Federal and Provincial
statutes, regulations, policies and guidelines, the Intergovernmental Land Use Committee report
indicated that the following requirements shall be stated in these Development Regulations:
Forestry:
Forestry activities are:
i.
a permitted use in the Rural zone, including domestic harvesting;
ii.
a discretionary use-domestic harvesting only in the Environmental Protection and,
iii.
a permitted use in the Protected Water Supply zone, subject to the Water Resources
Management Division policy: 'Policy Directive on Land and Water Development in
Protected Public Water Supply Areas' W.R. 95-01
Mineral Lands Division:
For approved developments where the extraction of quarry materials is occurring or may be expected
occur, the Town will send a copy of the development permit to the Quarry Materials Section, Mineral
Lands Division, Department of Industry, Energy, and Technology, at [email protected] . Note that
quarry materials include but are not limited to aggregate, fill, rock, stone, gravel, sand, clay, borrow
material, topsoil, overburden, subsoil, peat." It is important that the Department of Industry, Energy,
and Technology have the documentation necessary to distinguish excavation associated with an
approved development from excavation that constitutes quarrying; possessing development permits for
developments which may involve excavation shall assist greatly in making this distinction.
The definitions provided by the Mineral Lands Division are incorporated into Chapter 4 definitions.
Newfoundland and Labrador Hydro (NL Hydro) and other utilities:
Any development in the vicinity of the NL Hydro easements or structures must be referred to NL Hydro
and other utilities to ensure that there are no conflicts. The Town shall consult NL Hydro for all
development applications at the time the application is made to the Town. Requests for access roads
underneath transmission lines must be made to NL Hydro. Hydro shall not provide service to facilities,
building, etc in our right of ways and reserves the right to remove any buildings that impede our
upgrade, maintenance or repair work. Any costs to remove impediments shall be at the owner's
expense.
Provincial Archaeology Office:
The Town shall consult with the PAO where development plans are proposed, and that such consultation
be initiated during the early planning stages of any major development that involves land use or ground
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disturbance (on land, or under water) within the municipal planning area. This consultation is necessary
to ensure that appropriate measures are taken to protect historic resources, and, where deemed
necessary, to recommend when archaeological work is required to identify and safeguard any sites yet
to be discovered.
When there is an accidental discovery of historic resources, whether an archaeological assessment has
been carried out or not, the Provincial Archaeology Office (Tel: 709-7292462) is to be contacted
immediately.
Digital Government and Service NL
1) Council shall require compliance with Department of Digital Government and Service NL (DGSNL)
requirements, before issuing approvals. These include, but are not limited to: on-site services,
highway signs; electrical permits; building accessibility; access to highways; tanning salon and/or
Personal services establishment; Food establishment licence; public markets/farmer's markets; meat
plant; pool; wastewater or water system approval; tobacco sales; water supply testing; cemetery;
waste management; fuel storage and handling; asphalt, boiler; pressure vessel and compressed gas
installation. The Development Regulations will provide greater detail on: on-site services, highway
signs; building accessibility; access to highways.
2) Council will refer applications involving the following activities to DGSNL: on-site services, highway
signs; electrical permits; building accessibility; access to highways; tanning salon and/or Personal
services establishment; Food establishment licence; public markets/farmer's markets; meat plant;
pool; wastewater or water system approval; tobacco sales; water supply testing; cemetery; waste
management; fuel storage and handling; asphalt, boiler; pressure vessel and compressed gas
installation. The Development Regulations will provide greater detail on: on-site services, highway
signs; building accessibility; access to highways.
3) A permit is required from Digital Government and Service NL for onsite septic and wells.
Water Resources Management Division:
Under the authority of the Water Resources Act, 2002 cW-4.01, the Water Resources Management
Division (WRMD) is responsible for the management of water resources of the Province of
Newfoundland and Labrador. This is in coordination with the requirements of the Lands Act, 1990
regarding the shoreline reservation (15 m) and any Federal Government requirements. The WRMD has
programs to protect, enhance, conserve, develop, control, and effectively utilize the water resources of
the Province.
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General for any work in any body of water (including wetland):
Application forms for permits and licences, fee schedules, and guidelines are available at:
http://www.mae.gov.nl.ca/waterres/regulations/appforms/index.html.The proponent must apply for
and obtain a permit under the Water Resources Act, 2002, specifically Section 48 for any work in any
body of water (including wetland) prior to the start of construction. Any effluent or runoff leaving the
site shall be required to conform to the requirements of the Environmental Control Water and Sewage
Regulations, 2003
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Wharf/Boathouse/Slipway/Breakwater: The proponent must follow the guidelines for the
Construction and Maintenance of Wharves, Breakwaters, Slipways and Boathouses. The proponent
must apply for and obtain a permit required from the Water Resources Management Division under of
the Water Resources Act, 2002, specifically Section 48 . If there is any infilling or dredging work
associated with these structure.
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Development in Shore Water Zones: The proponent must apply for and obtain a permit under
the Water Resources Act, 2002, specifically Section 48 for any work in Shore Water Zones prior to the
start of construction. Also, any work in the Shore Water Zones must comply with this Department's
Policy for Development in Shore Water Zones:
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Infilling within 15 metres of Bodies of Water: Any proposed infilling within fifteen (15) metres of
a body of water must comply with this Department's Policy for Infilling Bodies of water;
Wildlife Division: During development application review process, Council shall consider general wildlife
habitat and landscape connectivity, including the following matters:
a. The potential to maintain an appropriate riparian buffer, which are natural green belts along
wetlands and waterbodies (ponds, rivers, creeks etc.). A 30 metre minimum undisturbed natural
vegetated green belt could be a standard requirement when dealing with any type of land use
activity; wider green belts are suggested when bordering land uses include for example
agricultural practices.
b. To maintain landscape connectivity, green belts should be connected to forested areas or other
habitat patches to create travel corridors for various wildlife species. Development Regulations
may incorporate a minimum percentage of forests to be maintained during lot clearing, for
example. Vegetation clearing should always be done outside the May 01 to July 31 period (note
that some raptors start breeding in March) as disturbance can be most detrimental during that
sensitive breeding/ young rearing period.
Environmental Assessment Division
Any project within 200 metres of the high water mark of a scheduled salmon river, Baie Verte River, shall
be registered with the Environmental Assessment Division, as required by Section 28 of the
Environmental Protection Regulations, 2002.
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7.0
SUBDIVISION OF LAND
7.1
SUBDIVISION STANDARDS
7.1.1
Permit Required
1) No land in the Municipal Planning Area shall be subdivided unless a permit for the development of
the subdivision is first obtained from Council.
2) No provision in a Will that purports to subdivide land is of any effect to subdivide that land contrary
to these Regulations.
7.1.2
Public Notice
Council shall, at the applicant's expense, publish a notice in a newspaper circulating in the area of the
application and consider any representations or submissions received in response to that advertisement.
7 .1.3
Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones delineated on the
Zoning maps and associated Development standards.
7.1.4
Subdivision design standards apply
The provisions in this chapter of the Development Regulations apply each of the following:
1. The subdivision of land under single ownership into five or more lots, including the residual lot;
construction, upgrading, or extension of a public street;
7.1.5
Subdivisions design standards do not apply
1) The requirements of this Chapter shall not apply to the following:
a.
Where the parcel being created is to be used solely for the unattended equipment necessary
for:
i. the operation of community water, storm or sanitary sewer systems;
ii. public utilities, including electrical substations or generating stations;
iii. air or marine navigational aids;
iv. any other similar public service or utility (including wind turbine 'farms');
b. Cemeteries;
c.
Resource uses set out in the Rural zone;
d. Conservation, open space, park uses;
e.
Minor subdivisions of four (4) or fewer lots which do not require new public or private road
construction or the installation of utility infrastructure or water and sewer services (other
than private connections; these must comply with the development standards of the Use
Zone.
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7 .1.6
Development Permit Required
1) A permit issued by Council is required as the creation of building lots meets the definition of
'development'.
2) If road improvements are required to enable the development of any of the uses set out in 7.1.5 (1),
an development application must be submitted to Council by the developer.
7 .1. 7
Subdivision Permit Subject to Considerations
1. A permit shall not be issued when, in the opinion of Council, the development of a subdivision does
not contribute to the orderly growth of the Town or does not demonstrate sound design principles.
2. In considering an application, Council shall, without limiting the generality of the foregoing,
consider:
a.
the location of the land;
b. the availability of and the demand created for schools, services, and utilities;
c.
the provisions of the Municipal Plan and Regulations affecting the site;
d. the land use, physical form, and character of adjacent developments;
e. the transportation network and traffic densities affecting the site;
f.
the relationship of the project to existing or potential sources of nuisance;
g. soil and subsoil characteristics;
h. the topography of the site and its drainage;
i.
natural features such as lakes, streams, topsoil, trees and shrubs and potential
environmental effects with respect to watercourses, wetlands, steep slopes, drainage
patterns, storm water generation and control, and loss or fragmentation of habitat,
j.
prevailing winds;
k.
visual quality;
I.
community facilities;
m. municipal costs related to the provision and maintenance of roads, other infrastructure, and
municipal services;
n.
energy conservation; and,
o. such other matters as may affect the proposed development.
7.1.8
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:
the lot can be serviced with satisfactory water supply and sewage disposal systems,
satisfactory access to a street is provided for the lots, and
the lot meets the minimum development standards for the Use Zone in which the lot is located.
7 .. 19
Building Permits Required
Notwithstanding the approval of a subdivision and a permit to subdivide land by Council, a separate
building permit shall be obtained for each building proposed to be erected in the area of the subdivision,
and no building permit for any building in the area shall be issued until the developer has complied with
all the provisions of these Regulations with respect to the development of the subdivision.
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7.1.10
Land for Park/Public Use in Subdivisions
Council may require the dedication of a percentage of the land area of any subdivision or other
development not more than 10% to be developed as park land or other public use, and such land shall
be conveyed to Council in accordance with Section 37 of the Urban and Rural Planning Act, 2000. The
Town may consider cash in lieu as well.
7 .1.11
Landscaping
1) Wherever possible, natural areas should be maintained in their natural state and the destruction of
these natural areas by development should be minimized. If the natural area is a part of a public
open space area, the developer should prepare a landscape plan integrating the natural areas with
the portions of the open space area that is to be developed for recreational purposes. The plan shall
illustrate the grading relationships between developed and natural areas of the park.
2) Minimum landscaping of the recreational open space area should be topsoil and grass seed, as
determined by the Town. Mulch or pebbles alone are not considered landscaping unless they are
part of an overall landscape plan.
3) Where it is determined by Council that berming or a swale is required, or that major sloping occurs
within, or outside, the normal boundaries of a lot, it shall be the developer's responsibility to
landscape the berm, swale or slope with a minimum of grass.
4) A landscape deposit may be required as part of the Subdivision Agreement to be returned upon the
acceptance of the area by Engineering Services.
7.2
SUBDIVISION PERMIT REQUIREMENTS
7 .2.1
Subdivision Development Agreement
Where Council has determined that a subdivision development agreement is a condition of a permit for
the subdivision development, the subdivision development agreement shall meet the conditions of
Development Agreements as set out in the Administration chapter.
7 .2.2
Municipal Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions satisfactory to Council
have been made for connection to municipal water and sewer. However, in the event Council
determines that it is not economic for an extension of municipal water and sewer connection, Council
will require Service NL requirements are met for drinking water and. a properly designed sewage
disposal system.
For all development, a properly designed storm drainage system is required so as not to affect adjoining
and nearby properties.
7.2.3
Groundwater Supply Assessment and Reporting
1. For cottage subdivisions where municipal services are not required (nor available), a groundwater
assessment report shall be required to be completed and submitted by the subdivision applicant to
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the Water Resources Management Division (and copied to the Town) as part of the subdivision
approval process. Lot size will conform to the requirements of Digital Services & Service NL regarding
onsite services. The Groundwater Assessment Report must be prepared in accordance with the
'Groundwater Supply Assessment and Reporting Guidelines for Subdivisions Serviced by Individual
Private Wells'. Requirements to complete a Groundwater Assessment Report shall be based upon
the following criterion:
a.
A groundwater assessment study shall not be required for subdivisions less than five (5)
lots, each having a minimum 2,203m2 (1/2 acre) size, unless the area has documented
drinking water quality and/or quantity problems.
b.
A proposed subdivision from five (5) to fifteen (15) lots shall require a level I assessment, as
defined in the Groundwater Supply Assessment and Reporting Guidelines.
c.
A proposed subdivision greater than fifteen (15) lots shall require a Level II assessment, as
defined in the Groundwater Supply Assessment and Reporting Guidelines.
Number
Groundwater Assessment Requirement
of Lots
Level 1
Level 2
Number of Test Wells
1-4
No-but may be required if site
No
0
has history of ground water
quality and quantity issues
5-15
Yes
may be required if site has
may be required if site has
history of ground water
history of ground water
quality and quantity issues
quality and quantity issues
16-30
Yes
Yes
1
31-45
Yes
Yes
2
46-60
Yes
Yes
3
61-75
Yes
Yes
4
75-90
Yes
Yes
5
91-105
Yes
Yes
6
7 .2.4
Fees, Service levies, and Development Charges
7.2.4.1
Subdivision Fees
The applicant shall pay a subdivision application fee as determined by Council at the time of submitting a
Development Application to subdivide. The subdivision application fee may be calculated on a per-lot
basis for every lot created by the subdivision of land. This fee may be calculated in addition to any other
fee or charge required under the regulation addressing Development Charges.
7.2.4.2
Service levies and local Improvement Assessments
1) The applicant shall be required to pay all service levies and local improvement assessments
identified by Council for connection to services, utilities, streets, and for the construction or
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improving of capital works funded by Council or under Council's direction which benefit and
accommodate the development or subdivision. The service levies or local improvements
assessments shall be paid in such amount and in such form as determined by Council as a condition
of permit or as a condition of a Development Agreement to subdivide land and such payment shall
be agreed upon prior to construction occurring on the land.
2) This section shall not affect any outstanding levies and/or assessments that were determined prior
to the enactment of these Regulations.
3) The applicant shall pay the cost of all capital works necessary to serve the proposed development or
subdivision.
7.2.4.3
Deposit of Securities
As a condition of a permit to develop a subdivision and as part of a Development Agreement to
subdivide, the Town may require an applicant to deposit with the Town a security to cover the cost of all
the subdivision improvements and completion thereof. These securities should be payable after
approval by Council and before issuance of a construction permit under these Regulations.
7 .2.4.4
Land for Public Open Space
a. Before a development commences, the developer shall, if required, dedicate to Council,
at no cost to the Town, an area of land equivalent to not more than ten percent (10%) of
the gross area of the residential subdivision for public recreational open spaces, subject
to the following requirements:
a.
where land is subdivided for any purpose other than residential use, Council shall determine
the percentage of land to be dedicated;
b.
if, in the opinion of Council, no public open space is required, the land may be used for such
other public use as Council may determine;
c.
the location and suitability of any land dedicated under the provisions of this Regulation
shall be subject to the approval of Council but in any case, Council shall not accept land
which, in its opinion, is incapable of development for any purpose;
d. Council may accept from the developer, in lieu of such area or areas of land, the payment of
a sum of money equal to the value of the land which would otherwise be required to be
dedicated; and,
e. this money received by the Authority (above), shall be reserved by the Town for the purpose
of the acquisition or development of land for public open space or other public purpose.
b.
Land dedicated for public use in accordance with this Regulation shall be conveyed to
the Town and may be sold or leased by Council for the purposes of any development
that conforms with the requirements of these Regulations, and the proceeds of any sale
or other disposition of land shall be applied against the cost of acquisition or
development of any other land for the purposes of puQlic open space or other public
purposes.
c.
Council may require a strip of land to be reserved and remain undeveloped along the
banks of any river, brook or pond, and this land may, at the discretion of Council,
constitute the requirement of land for public use.
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7.3
SUBDIVISION DESIGN STANDARDS
No permit shall be issued for the development of a subdivision under these Regulations unless the
design of the subdivision conforms to the following standards.
1) The finished grade of streets shall not exceed ten percent (10%).
2) The plan should indicate which streets are classified as arterial, collector or service (local) roads.
3) Every cul-de-sac should be provided with a turning circle of a diameter of not less than 30 metres.
4) The maximum length of any cul-de-sac (or dead-end street) shall be:
a.
200 metres in areas served by, or planned to be served by, municipal piped water and sewer
services;
b. 300 metres in areas not served by, or planned to be served by, municipal piped water and
sewer services;
c. all cul de sac water mains shall be connected to a water main on an adjoining street or shall
be looped back to ensure continuous water flow and prevent stagnant water at the end of
dead-end pipes.
5) Emergency vehicle access to a cul-de-sac shall be not less than 3 metres wide and shall connect the
head of the cul-de-sac with an adjacent street.
6) No cul-de-sac shall be located so as to appear to terminate a collector street.
7) New subdivisions shall have street connections with an existing street or streets.
8) All street intersections shall be constructed within 5° of a right angle and this alignment shall be
maintained for 30 metres from the intersection.
9) No street intersection should be closer than 40 metres to any other street intersection.
10) No more than four streets shall join at any street intersection.
11) No residential street block shall be longer than 490 metres between street intersections.
12) No lot intended for residential purposes shall have a depth exceeding four times the frontage.
13) Residential lots shall not be permitted which abut a local street at both front and rear lot lines.
14) Council may require any existing natural, historical or architectural feature or part thereof to be
retained when a subdivision is developed.
15) Land shall not be subdivided in such a manner as to prejudice the development of adjoining land.
16) Front Yard/ Building Lines: Council may establish front yard/building lines for any subdivision street
and require any new building to be located on such building lines.
17) Streets in residential subdivisions shall be designed in accordance with the approved standards of
Council, but in the absence of such standards, shall conform to the following minimum standards·
Minimum Standards for Streets (m=metres)
Type of Street
Street
Carriageway or
..
Sidewalk
Sidewalk
Reservation
Pavement Width
Width
Number
2) Arterial Streets
30m
15 m
1.5m
Council Discretion
3) Collector Streets
20m
9m
1.5m
2
Local Residential Streets
Local streets
10m
7m
1.5 m
1
Service streets, Residential
10m
7m
1.5
Council Discretion
lane with no more than 8
houses, rear property access
lanes
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7.4
SUBDIVISION ENGINEERING STANDARDS
No permit shall be issued for the development of a subdivision under these Regulations unless the
design of the subdivision conforms to the requirements established by Council and the "Municipal
Engineering Subdivision Standards" as approved by Council.
7 .4.1
Engineer to Design Works and Certify Construction Layout
Plans and specifications for all water mains, hydrants, sanitary sewers, storm sewers, and all
appurtenances thereto and all streets, paving, curbs, gutters and catch basins, and all other utilities
deemed necessary by Council to service the area proposed to be developed or subdivided shall be
designed and prepared by or approved by the Town's Engineer. Such designs and specifications shall,
upon approval by Council, be incorporated in the plan of subdivision.
Upon approval by Council of the proposed subdivision, the Manager of Engineering Services shall certify
all work of construction layout preliminary to the construction of the works and thereupon the
developer shall proceed to the construction and installation, at the developer's own cost and in
accordance with the approved designs and specifications and the construction layout certified by the
Town's Engineer, of all such water mains, hydrants, sanitary sewers, and all appurtenances and of all
such streets and other works deemed necessary by Council to service the said area.
7.4.2
Developer to Pay Engineer's Fees and Charges
The developer shall pay to Council all the Engineer's fees and charges for the preparation of designs and
specifications and for the layout and supervision of construction; such fees and charges being
percentages of the total cost of materials and labour for the construction and installation of all works
calculated-in accordance with the Schedule of Fees recommended by the Association of Professional
Engineers & Geoscientists of Newfoundland & Labrador and in effect at the time the work is carried out.
7 .4.3
Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks, and paving specified
by Council as being necessary, may, at Council's discretion, be deferred until a later stage of the work on
the development of the subdivision but the developer shall deposit with Council, before approval of the
application, an amount estimated by the Town's Engineer to be reasonably sufficient to cover the cost of
construction and installation of the works. In the later stage of the development, Council shall call for
tenders for the construction and installation of the works, and the amount so deposited by the
developer shall be applied towards payment of the contract cost. If the contract cost exceeds the
deposit, the developer shall pay to the Town the amount of the excess. If the contract price is less than
the deposit, the Town shall refund the amount by which the deposit exceeds the contract price. Any
amount so deposited with the Town by the developer shall be placed in a separate savings account in a
bank and all interest earned thereon shall be credited to the developer.
7 .4.4
Construction of Utilities
Within any street reservation, the placing of any utility structure or service such as a hydro pole,
telephone pole, underground hydro service boxes, internet or cable services, Canada Post group mail
boxes, fire hydrant, fire alarm or sign post, shall receive the prior approval of the Authority with regard
119
to the proposed location of utilities, safe construction, required easements and the relationship to other
structures within the street reservation and to adjoining buildings.
7.4.5
Structures in Street Reservation
No structures shall be placed within any street reservation of any structure (e.g., a utility pole, bus
shelter, fire hydrant, mail box, fire alarm, school bus shelter, sign post) without prior approval of Council
which shall take into consideration safety considerations, such as, sight lines, obstructions, safe
construction, and the relationship of the structure to the adjoining buildings and other structures within
the street reservation, and relationship to the movement of vehicles and pedestrians.
7.4.6
Transfer of Streets and Utilities to Council
The developer shall, following the approval of the subdivision of land and upon request of Council,
transfer to the Town, at no cost to the Town, and clear of all liens and encumbrances:
a.
all lands in the area proposed to be developed or subdivided which are approved and designated by
Council for public uses as streets, or other rights-of-way, or for other public use; and
b. all services or public works including streets, water supply and distribution, and sanitary and storm
drainage systems installed in the subdivision that are normally owned and operated by Council.
Before Council shall accept the transfer of lands, services, or public works of any subdivision, the
Manager of Engineering Services shall, at the cost to the developer, test the streets, services and public
works installed in the subdivision and certify satisfaction with their installation.
Council shall not provide maintenance for any street, service, or public work in any subdivision until such
time as such street, service, or public work has been transferred to and accepted by Council.
7.4.7
Mini/mobile home park subdivision
1. The minimum size of parcel for a Mini/mobile home subdivision/park is 2 hectares.
2. Where municipal services are not provided, the maintenance of the services is the shared
responsibility of the members of the park.
3. A development application for a mini/mobile home subdivision/park shall provide the same
information as a set out this Part for major subdivisions.
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APPENDICES
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APPENDIX 1:
INTERPRETATION OF TECHNICAL TERMS USED IN THE DEVELOPMENT REGULATIONS
Introduction
This section contains definitions of the technical terms used in the Municipal Plan and Development
Regulations in order to ensure that they are correctly interpreted. Terms and words in this regulation
which are defined in the Urban and Rural Planning Act, 2000 and Development Regulations, 2000, have
the meaning expressed in that Act and cannot be amended by the Council; these are identified by a logo,
as noted below:
Newf9f dland
Labrador
= Definitions from the Urban and Rural Planning Act, 2000 (the Act);
these cannot be amended by Council; and,
= Definitions from the Minister's Development Regulations under the Urban and
Rural Planning Act, 2000; these cannot be amended by Council.
Words and phrases used in these Regulations shall otherwise have the meanings as set out in the
following definitions; these can be amended by the Council; these can be identified by the absence of a
logo. Any other terms and words have the meaning as generally understood in the English
languageAdditional definitions have been provided for interpretive guidance and.
Definitions
ACCESS
__, means a way used or intended to be used by vehicles, pedestrians or animals in order to go
from a street to adjacent or nearby land or to go from that land to the street;
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;
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;
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ACT
__, unless the context indicate otherwise, means the Urban and Rural Planning Act, 2000;
ADJACENT LAND means land that is contiguous to, physically touching or shares a boundary with, the
parcel of land that is the subject of an application and includes land that would be contiguous if not for a
highway, road, river or stream.
APPEAL BOARD means the appropriate Appeal Board established under the Act.
APPLICANT ""'= means a person who has applied to an authority for an approval or permit to carry out a
development;
AUTHORITY -z means a council, authorized administrator or regional authority;
BOARD '""'~ except in Part IX, means an appeal board established under section 40;
BUILDING ¾
means
(i) a structure, erection, alteration or improvement placed on, over or under land or attached, anchored
or moored to land,
(ii) mobile structures, vehicles and marine vessels industrial and other similar uses,
(iii) a part of and fixtures on buildings referred to in subparagraphs (i) and (ii), and
(iv) an excavation of land whether or not that excavation is associated with the intended or actual
construction of a building or thing referred to in subparagraphs (i) to (iii);
BUILDING HEIGHT
__, means the vertical distance, measured in metres from the established grade to
the
(i) highest point of the roof
surface of a flat roof,
(ii) deck line of a mansard
roof, and
(ii) mean height level
between the eave and the
ridge of a gable, hip or
gambrel roof, and in any
case, a building height shall
not include mechanical
structure, smokestacks,
steeples and purely
ornamental structures
above a roof;
H - HEIGHT OF 5UILDING
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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;
··················(············ rear lot line -························-··
---
-
-'--'A-
building line
BUILDING CONTROL LINE ,.,.Ji::~"' means a conceptual line paralleling the centre line of a Protected
Road at a distance perpendicular to the centre line; [Note: a Protected Road is a road designated under
the Protected Road Zoning Regulations, 1996 under the Urban and Rural Planning Act, 2000};
COUNCIL '"'~ means a council as defined in the City of Corner Brook Act, City of Mount Pearl
Act, Municipalities Act, 1999 and the City council as defined in the City of St. John's Act;
COURT ~., unless the context indicates otherwise, means the Trial Division;
DECK means a raised structure that has a walking surface within one storey of the established grade at
the ground level of that face of the building, which may or may not be attached to a main building,
which does not have a permanent roof.
DEPARTMENT ~
means the department presided over by the minister responsible for the Urban
and Rural Planning Act (the Act);
DEVELOPMENT ... ~
means the carrying out of building, engineering, mining or other operations in,
on, over or under land, or the making of a material change in the use, or the intensity of use of land,
buildings or premises and the:
(i) making of an access onto a highway, road or way,
(ii) erection of an advertisement or sign,
(iii) construction of a building,
(iv) parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or as an office, or
for living accommodation, and excludes the
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(v) carrying out of works for the maintenance, improvement or other alteration of a building, being
works which affect only the interior of the building or which do not materially affect the external
appearance or use of the building,
(vi) carrying out by a highway authority of works required for the maintenance or improvement of a
road, being works carried out on land within the boundaries of the road reservation,
(vii) carrying out by a local authority or statutory undertakers of works for the purpose of inspecting,
repairing or renewing sewers, mains, pipes, cables or other apparatus, including the breaking open of
street or other land for that purpose, and
(viii) use of a building or land within the courtyard of a dwelling house for a purpose incidental to the
enjoyment of the dwelling house as a dwelling;
DEVELOPMENT REGULATIONS
_, means these regulations and regulations and by-laws respecting
development that have been enacted by the relevant authority; and development regulations *
means regulations made under sections 34 to 38;
DISCRETIONARY USE -= means a use that is listed within the discretionary use classes established in
the use zone tables of an authority's development regulations;
DWELLING UNIT: means a self-contained unit consisting of one or more habitable rooms used or
designed as an independent and separate housekeeping establishment or living quarters for one
household, including kitchen and sitting, sleeping and sanitary facilities, and does not include a coach or
rail car, mobile home, or any vehicle. A dwelling unit is a permanent place of residence for a household
and not intended as temporary accommodation for the transient (Amendment No. 8, 2013).
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;
Established Grad e
E8
Grade
T
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FLOOR AREA
......, means the total area of all floors in a building measured to the outside face of exterior
walls;
FRONTAGE
.._, means the horizontal distance between side lot lines measured at the building line;
Household pet means a companion animal that is kept primarily for a person's company or
entertainment rather than as a working animal, livestock or a laboratory animal. Two of the most
popular pets are dogs and cats; other animals commonly kept include, but are not limited to, rabbits;
ferrets; rodents, such as gerbils, hamsters, chinchillas, rats, mice, and guinea pigs; avian pets, such as
parrots, passerines; reptile pets, such as turtles, lizards, and snakes; aquatic pets, such as fish,
amphibians like frogs and salamanders.
LAND ¾
includes land covered by water and buildings and structures on, over, under the soil and
fixtures that form part of those buildings and structures;
LOT .._, means a plot, tract or parcel of land which can be considered as a unit of land for a particular
use or building;
LOT AREA _, means the total horizontal area within the lines of the lot;
LOT COVERAGE ~
means the combined area of all buildings 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;
r·---------
Total Lot Area
= 5,000 sq. ft.
- I
: I· ,,
- I .
~ - I
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House Area
.,, +----+-- Garage
= 1,200 sq. ft.
-
Garage Area
= 500 sq.ft
(1,700 sq.~ / 5,000 sq. ft.) x 100%
-34%
-~----- House
Total Lot Coverage
= 34%
I
---~- Lot
,
I
L_ ___ Ju;,_ ___ __,
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MINISTER ~, means the minister appointed under the Executive Council Act to administer this Act;
MUNICIPALITY ~
includes a Town incorporated under the Town of Corner Brook Act, Town of
Mount Pearl Act and the City of St. John's Act and a municipality as defined in the Municipalities Act,
1999;
NON-CONFORMING USE
--., means a legally existing use that is not listed as a permitted or
discretionary use for the use zone in which it is located or which does not meet the development
standards for that use zone;
NUISANCE means anything that is obnoxious, offensive or interferes with the use or enjoyment of
property, endangers personal health or safety, or is offensive to the senses. This may include that which
creates or is liable to create a nuisance through emission of noise, smoke, dust, odour, heat, light,
fumes, fire or explosive hazard; results in the unsightly or unsafe storage of goods, salvage, junk, waste
or other materials; poses a hazard to health and safety; or adversely affects the amenities of the
neighbourhood or interferes with the rights of neighbours to the normal use and enjoyment of any land
or building;
OWNER
-..., means a person or an organization of persons owning or having the legal right to use the
land under consideration;
PERMITTED USE
___, means a use that is listed within the permitted use classes set out in the use zone
tables of an authority's development regulations;
PLAN, ¾
unless the context indicates otherwise, means a regional plan and a municipal plan
established under section 8 or 10; (regional plan or municipal plan);
PLANNING AREA ~, , unless the context indicates otherwise, means a regional planning area and a
municipal planning area established under sections 6 and 11;
PROHIBITED USE -~ means a use that is not listed in a use zone within the permitted use classes or
discretionary use classes or a use that an authority specifies as not permitted within a use zone;
RECREATION VEHICLE OR RECREATIONAL TRAILER means a vehicle or portable structure designed to
provide temporary living accommodation which is either self-propelled or mounted on, or pulled by
another vehicle, and includes a travel/holiday trailer, camper trailer, truck camper, motorhome, fifth
wheel trailer, tent trailer, travel trailer, camper van or recreational trailer or other similar vehicle, but
not a mobile home or mini-home. A converted bus is not a recreation vehicle;
REGION ~
.. means a region as defined in the Municipalities Act, 1999 as follows: " ... means an area
continued or incorporated under this Act as a region ... ";
REGIONAL AUTHORITY ~~ means a regional authority established under section 7 of the Act;
scheme means a scheme established under section 29 of the Act;
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SCHEME ~" means a scheme established under section 29;
SIGN
~ means a word, letter, model, placard, board, device or representation, whether illuminated or
not, in the nature of or employed wholly or in part for the purpose of advertisement, announcement or
direction and excludes those things employed wholly as a memorial, advertisements of local
government, utilities and boarding or similar structures used for the display of advertisements;
STREET _, means a street, road, highway or other way designed for the passage of vehicles and
pedestrians and which is accessible by fire department and other emergency vehicles;
STREET LINE
__, means the edge of a street reservation as defined by the authority having juri"sdiction;
SUBDIVISION * means the dividing of land, whether in single or joint ownership into 2 or more
pieces for the purpose of development;
TOWN * means a town as defined in the Municipalities Act, 1999;
USE
-
means a building or activity situated on a lot or a development permitted on a lot;
USE ZONE OR ZONE ""!:::.; means an area of land including buildings and water designated on the zoning
map to which the uses, standards and conditions of a particular use zone table apply;
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;
YARDS:
-
FRONT YARD DEPTH otherwise called the building line or front yard setback, means setback from
the front street line that the building is fronting on;
-
REAR YARD DEPTH
-...... means the distance between the rear lot line and the rear wall of the main
building on a lot;
-
SIDE YARD DEPTH
~ means the distance between the side lot line and the nearest side wall of a
building on the lot;
ZONING MAP
....,_, means the map or maps attached to and forming a part of the authority's
regulations.
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APPENDIX 2: MINISTER'S DEVELOPMENT REGULATIONS
UNDER THE URBAN AND RURAL PLANNING ACT, 2000
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This is an official version.
Copyright © 2006: Queens Printer,
St. John's, Newfoundland and Labrador, Canada
Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)
Table of Regulations
Main Site
How current is this regulation?
NEWFOUNDLAND AND LABRADOR
REGULATION 3/01
Development Regulations
under the
Urban and Rural Planning Act, 2000
(Filed January 2, 2001)
Under the authority of section 36 of the Urban and Rural Planning Act, 2000, I make the
following regulations.
Dated at St. Johns, January 2, 200 I.
1. Short title
2
Definitions
3 Applicauon
4. lntemretation
5
Notice of nght to appeal
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
Analysis
131
6
Appeal requiremenlS
7
A1m~al reg1stra11on
8
Development proh1b1ted
9
Hearing notice and meetings
10
Hearmg of evidence
II. Board dec1s1on
12
Vanances
13. Notice of variance
14
Residential non conformity
15
Nouce and hearings on change of use
16. Non-confom1ance with standards
17. Discontinuance ofnon-confonrnng use
I 8
Delegauon of powers
19
Commencement
Short title
I. These regulations may be cited as the Development Regulations.
Definitions
2. In these regulations,
(a) "Act", unless the context indicate otherwise, means the Urban and Rural Planning Act,
2000;
(b) "applicant" means a person who has applied to an authority for an approval or permit to
carry out a development;
(c) "authority" means a council, authorized administrator or regional authority; and
(d) "development regulations" means these regulations and regulations and by-laws
respecting development that have been enacted by the relevant authority.
Application
3. ( I) These regulations shall be included in the development regulations of an authority and
shall apply to all planning areas.
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(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;
(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,
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(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;
(h) "floor area" means the total area of all floors in a building measured to the outside face
of exterior walls;
(i) "frontage" means the horizontal distance between side lot lines measured at the building
line;
U) "lot" means a plot, tract or parcel of land which can be considered as a unit of land for a
particular use or building;
(k) "lot area" means the total horizontal area within the lines of the lot;
(I) "lot coverage" means the combined area of all building on a lot measured at the level of
the lowest floor above the established grade and expressed as a percentage of the total area
of the lot;
(m) "non-conforming use" means a legally existing use that is not. listed as a permitted or
discretionary use for the use zone in which it is located or which does not meet the
development standards for that use zone;
(n) "owner" means a person or an organization of persons owning or having the legal right
to use the land under consideration;
(o) "permitted use" means a use that is listed within the permitted use classes set out in the
use zone tables of an 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;
(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;
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(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 I 0% 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) persons right to appeal the decision to the board;
(b) time by which an appeal is to be made;
(c) right ofother interested persons to appeal the decision; and
(d) manner of making an appeal and the address for the filing of the appeal.
Appeal requirements
6. (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. Johns, Nfld., Al B 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 Town of Comer Brook, Town of Mount Pearl
or Town of St. Johns appoints an appeal board under subsection 40(2) of the Act, an appeal shall be
filed with the secretary of that appointed board.
(3) The fee required under section 44 of the Act shall be paid to the board that hears the
decision being appealed by filing it with the secretary referred to in subsection ( I) or (2) within the
14 days referred to in subsection 42( 4) of the Act.
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(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. (I) 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.
(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 I 02 and I 04 of the Act apply to an authority acting under subsection ( I).
(3) Upon receipt of a notification of the registration of an appeal with respect to an order
under section I 02 of the Act, an authority shall not carry out work related to the matter being
appealed.
Hearing notice and meetings
9. ( I) A board shall notify the appellant, applicant, authority and other persons affected by the
subject of an appeal of the date, time and place for the appeal not fewer than 7 days before the date
scheduled for the hearing of the appeal.
(2) A board may meet as often as is necessary to conduct its work in an expeditious manner.
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Hearing of evidence
10. ( I) A board shall meet at a place within the area under its jurisdiction and the appellant and
other persons notified under subsection 9(1) or their representative may appear before the board and
make representations with respect to the matter being appealed.
(2) A board shall hear an appeal in accordance with section 43 of the Act and these
regulations.
(3) A written report submitted under subsection 43(2) of the Act respecting a visit to and
viewing of a property shall be considered to have been provided in the same manner as evidence
directly provided at the hearing of the board.
(4) In the conduct of an appeal hearing, the board is not bound by the rules of evidence.
Board decision
11. A decision of the board must comply w ith the plan, scheme or development regulations that
apply to the matter that has been appealed to that board.
Variances
12. ( I) 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 I 0% 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.
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
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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 non-conforming
building, structure or development, an authority, at the applicants expense, shall publish a notice in a
newspaper circulating in the area or by other means give public notice of an application to vary the
existing use of a non-conforming building, structure or development and shall consider any
representations or submissions received in response to that advertisement.
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 I, 2001.
©Earl G. Tucker, Queen's Printer
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APPENDIX 3: LAND USE ZONING MAP
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