Bauline, Newfoundland and Labrador
· adopted 2024-12-17
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TOWN OF BAULINE
DEVELOPMENT REGULATIONS
2024-2034
March 2024
PLAN-TECH
ENVIRONMENT
Urban and Rural Planning Act, 2000
Resolution to Approve
Bauline Development Regulations 2024-2034
Under the authority of sections 16, 17 and 18 of the Urban and Rural Planning Act,
2000, the Town Council of Bauline:
(a) Adopted the Bauline Development Regulations 2024-2034, on December 17,
2024.
(b) Gave notice of the adoption of the Bauline Municipal 2024-2034, by notices
placed in at least two conspicuous locations (Town Hall on March 6, 2025,
Water Witch Take-out on March 12, 2025 and the Bee Garden Shed, harbour
and community mail box on March 20, 2025), by advertisement inserted on
March 21, 2025 and March 28, 2025 in the Telegram newspaper, and by
notices placed on the Town's website and Facebook page.
(c) Set April 7, 2025 for the holding of a public hearing to consider objections and
submissions.
Now under section 23 of the Urban and Rural Planning Act, 2000, the Town Council
of Bauline approves the Bauline Development Regulations 2024-2034, as amended
as follows:
(a) Adding "media" as a discretionary use in the Rural use zone table,
(b) Adding subsection 6 to the Rural use zone table which contains conditions
for media uses and renumbering the subsequent sections.
Signed and Sealed this day of , 2025.
Mayor: ___________________________ (Council Seal)
Clerk: ____________________________
Urban and Rural Planning Act, 2000
Resolution to Adopt
Bauline Development Regulations, 2024-2034
Under the authority of section 16 of the Urban and Rural Planning Act, 2000, the
Town Council of Bauline adopts the Bauline Development Regulations 2024-2034.
Adopted by the Town Council of Bauline on the 17th day of December 2024.
Signed and Sealed this day of , 2025.
Mayor:
_____________________________ (Council Seal)
Clerk: _____________________________
Canadian Institute of Planners Certification
I certify that the attached Bauline Development Regulations, 2024-2034, have been
prepared in accordance with the requirements of the Urban and Rural Planning
Act, 2000.
Bauline Development Regulations
Page i
TABLE OF CONTENTS
Page
PART I - Application
1.
Short Title.............................................................................................................................................1
2.
Interpretation......................................................................................................................................1
3.
Commencement..................................................................................................................................1
4.
Minister's Development Regulations...............................................................................................1
5.
National Building Code of Canada and Municipal Regulations.....................................................2
PART II - General Regulations
6.
Compliance with Regulations............................................................................................................3
7.
Permit Required..................................................................................................................................3
8.
Permit to be Issued.............................................................................................................................3
9.
Permit Not to be Issued in Certain Cases.........................................................................................3
10.
Discretionary Powers of Council........................................................................................................3
11.
Variances..............................................................................................................................................4
12.
Notice of Variance...............................................................................................................................5
13.
Service Levy..........................................................................................................................................5
14.
Financial Guarantees by Developer..................................................................................................5
15.
Dedication of Land for Public Use.....................................................................................................6
16.
Reinstatement of Land........................................................................................................................6
17.
Application............................................................................................................................................6
18.
Register of Applications......................................................................................................................7
19.
Deferment of Application...................................................................................................................7
20.
Approval in Principle...........................................................................................................................7
21.
Development Permit.......................................................................................................................... 8
22.
Council Decision ..................................................................................................................................8
23.
Development Agreement ..................................................................................................................9
24.
Right to Appeal.....................................................................................................................................9
25.
Development Prohibited Upon Appeal .......................................................................................... 10
26.
Non-Conforming Use........................................................................................................................ 10
27.
Notice..................................................................................................................................................11
28.
Right of Entry.................................................................................................................................... 11
29.
Stop Work Order and Prosecution..................................................................................................11
30.
Delegation of Powers........................................................................................................................12
PART III- General Development Standards
31.
Accesses and Service Streets......................................................................................................... 13
32.
Accessory Buildings ..........................................................................................................................13
33.
Accessory Uses ..................................................................................................................................14
34.
Alterations to the Natural Topography ..........................................................................................14
35.
Archaeological Site ........................................................................................................................... 14
36.
Buffer ..................................................................................................................................................14
37.
Building Height ..................................................................................................................................15
Plan-Tech Environment
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38.
Building Line Setback ........................................................................................................................15
39.
Climate Change Buffers ....................................................................................................................15
40.
Corner Lots .........................................................................................................................................15
41.
Development Below the 4 Metre Contour ....................................................................................16
42.
Easements ..........................................................................................................................................16
43.
East Coast Trail ..................................................................................................................................16
44.
Emergency Access .............................................................................................................................16
45.
Fronting onto a Public Street ...........................................................................................................16
46.
Group Home ......................................................................................................................................17
47.
Habitat Conservation Areas ............................................................................................................ 17
48.
Height Exceptions .............................................................................................................................17
49.
Land Suitability ..................................................................................................................................17
50.
Livestock Structures and Uses .........................................................................................................17
51.
Infilling within 15 Metres of a Body of Water ...............................................................................18
52.
Lot Area ..............................................................................................................................................18
53.
Lot Area and Size Exceptions ...........................................................................................................18
54.
Non-Domestic Water Use ................................................................................................................19
55.
Offensive and Dangerous Uses ....................................................................................................... 19
56.
On-Site Sewerage Disposal ............................................................................................................. 19
57.
Preservation of Trees .......................................................................................................................19
58.
Shore Water Zone .............................................................................................................................19
59.
Side Yards ...........................................................................................................................................19
60.
Stormwater Management ...............................................................................................................20
61.
Street Reservation and Street Standards .......................................................................................20
62.
Streets, Services and Public Utilities ..............................................................................................21
63.
Survey Control Markers...... .............................................................................................................21
64.
Subsidiary Apartments .....................................................................................................................21
65.
Tourism Accommodation ................................................................................................................21
66.
Unsubdivided Land ...........................................................................................................................21
67.
Urban Agriculture .............................................................................................................................21
68.
Uses Permitted or Discretionary in all Zones ................................................................................22
69.
Water Reservation ...........................................................................................................................23
70.
Wetland Protection ........................................................................................................................ 24
71.
Zero Lot Line and Other Comprehensive Development .............................................................24
PART IV - Advertisements
72.
Permit Required ................................................................................................................................25
73.
Form of Application ........................................................................................................................ 25
74.
Advertisements Prohibited in Street Reservation ..................................................................... 25
75.
Permit Valid for Limited Period ......................................................................................................25
76.
Removal of Advertisements ............................................................................................................26
77.
Advertisements Exempt from Control ...........................................................................................26
78.
Approval Subject to Conditions .................................................................................................... 26
79.
Non-Conforming Uses ......................................................................................................................27
80.
Informational Wayfinding Signs .....................................................................................................27
Bauline Development Regulations
Page iii
PART V - Subdivision of Land
81.
Permit Required .............................................................................................................................. 28
82.
Application ....................................................................................................................................... 28
83.
Services to be Provided .................................................................................................................. 28
84.
Payment of Service Levies and Other Charges ............................................................................ 28
85.
Issue of Development Permit Subject to Considerations .......................................................... 28
86.
Groundwater Assessment .............................................................................................................. 29
87.
Building Permits Required .............................................................................................................. 29
88.
Subdivision Subject to Zoning ........................................................................................................ 29
89.
Building Lines ....................................................................................................................................29
90.
Land for Public Open Space ............................................................................................................30
91.
Structures in Street Reservation ....................................................................................................30
92.
Subdivision Development Standards .............................................................................................30
93.
Engineer to Design Works and Certify Construction ...................................................................31
94.
Developer to Pay Engineer's Fees and Charges ...........................................................................32
95.
Street Works May be Deferred ......................................................................................................32
96.
Transfer of Streets and Utilities to Council ..................................................................................32
97.
Restriction of Sale of Lots ...............................................................................................................33
98.
Lot Grading .......................................................................................................................................33
99.
Groupding of Buildings and Landscaping .....................................................................................33
100. Open Space .......................................................................................................................................33
PART VI - Use Zones
101. Use Zones ..........................................................................................................................................34
102. Use Classes ........................................................................................................................................34
103. Permitted Uses .................................................................................................................................34
104. Discretionary Uses ...........................................................................................................................34
105. Uses Not Permitted .........................................................................................................................34
Minister's Development Regulations .................................................................................................................35
Schedule A - Definitions....................................................................................................................................... 42
Schedule B - Classification of Uses of Land and Buildings ..............................................................................52
Schedule C - Use Zone Tables ............................................................................................................................. 58
Schedule D - Off-Street Parking Requirements ............................................................................................... 82
Bauline Development Regulations
Page 1
TOWN OF BAULINE MUNICIPAL PLAN
DEVELOPMENT REGULATIONS
PART I - APPLICATION
1.
Short Title
These Regulations may be cited as the Bauline Development Regulations. Hereafter, the Bauline
Development Regulations shall be referred to as the Development Regulations.
2.
Interpretation
(a)
Words and phrases used in these Development Regulations shall have the meanings ascribed
to them in Schedule A.
(b)
Words and phrases not defined in Schedule A shall have the meanings which are commonly
assigned to them in the context in which they are used in the Development Regulations.
(c)
In these Regulations,
-
"Council" means Council for the Town of Bauline.
-
"Act" means the Urban and Rural Planning Act, 2000.
-
"Town" means the Town of Bauline.
-
"Municipal Plan" means the Bauline Municipal Plan.
-
"Municipal Planning Area" means the Bauline Municipal Planning Area.
-
"Minister's Development Regulations" means the development regulations
(Newfoundland and Labrador Regulation 3/01) made by the Minister of Municipal and
Provincial Affairs under the Urban and Rural Planning Act, 2000.
3.
Commencement
These Regulations come into effect throughout the Municipal Planning Area, on the date of
publication of a notice to that effect in the Newfoundland and Labrador Gazette.
4.
Minister's Development Regulations
(a)
The Development Regulations (Newfoundland and Labrador Regulation 3/01), made under
Section 36 of the Urban and Rural Planning Act, 2000 (the Act), hereinafter referred to as
the Minister's Development Regulations, shall apply within the Municipal Planning Area.
Where there is conflict between the Minister's Development Regulations and the Bauline
Development Regulations, the Minister's Development Regulations shall prevail.
(b)
The Minister's Development Regulations are included in the Development Regulations.
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5.
National Building Code of Canada and Municipal Regulations
(a) The National Building Code of Canada including the Plumbing Code, the Fire Code, the Electrical
Code, and any other ancillary code and any Building Regulations, Waste Disposal Regulation,
Street Standard Regulations, Municipal Heritage Site Designation Regulations, and any other
municipal regulations regulating or controlling the development, conservation, and use of land
in force in the Town of Bauline shall, under these Development Regulations, apply to the entire
Municipal Planning Area.
(b) All new buildings shall comply with the energy efficiency requirements of the National Building
Code of Canada.
Bauline Development Regulations
Page 3
PART II - GENERAL REGULATIONS
6.
Compliance with Regulations
No development shall be carried out within the Municipal Planning Area except in accordance
with these Development Regulations.
7.
Permit Required
No person shall carry out any development within the Municipal Planning Area unless a
development permit has been issued by Council.
8.
Permit to be Issued
Subject to Regulations 9 and 10, a development permit shall be issued for development within
the Municipal Planning Area that conforms to:
(a)
the general development standards set out in Part III of these Development Regulations,
the requirements of Part VI of these Development Regulations, and the use classes,
standards, requirements, and conditions prescribed in Schedule C of these Development
Regulations for the use zone in which the proposed development is located,
(b)
the standards set out in the Building Code and/or other ancillary codes, and any Building
Regulations, Waste Disposal Regulations, Street Standard Regulations, Municipal
Heritage Site Designation Regulations, and/or any other municipal regulation in force in
the Planning Area regulating or controlling development, conservation and use of land
and buildings,
(c)
the standards set out in Part IV of these Development Regulations in the case of
advertisement, and
(d)
the standards set out in Part V of these Development Regulations in the case of
subdivision.
9.
Permit Not to be Issued in Certain Cases
Neither a development permit nor approval in principle shall be issued within the Municipal
Planning Area when, in the opinion of Council, it is premature by reason of the site lacking
adequate street 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.
10.
Discretionary Powers of Council
(a)
In considering an application for a development permit or for approval in principle to
carry out development, Council shall take into account the policies expressed in the
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Municipal Plan, and any further scheme, plan or regulations pursuant thereto, and shall
assess the impact of the development on the general appearance of the area, the amenity
of the surroundings, availability of utilities, public safety and convenience, and any other
considerations which are, in Council's opinion, material, and notwithstanding the
conformity of the application with the requirements of these Development 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.
(b)
Council may, in its discretion, determine the uses that may be developed in a use zone
provided that those uses are similar to those uses listed as permitted or discretionary in
the applicable use zone table and examples listed in Schedule B, and are of a similar scale
and intensity.
(c)
Council may use its discretion to interpret boundaries of zones shown on the Land Use
Zoning Map. Those boundaries which coincide with streets or other prominent physical
features are intended to define exact limits. Where possible, the boundaries of the use
zones follow identified features such as streets, fences, watercourses, transmission lines,
or lot lines. Where there is any uncertainty, contradiction, or conflict concerning the
intended location of a zoning boundary, Council may interpret the exact location of the
zoning boundary in a manner that is consistent with the intent and policies of the Bauline
Municipal Plan without amendment to the Land Use Zoning Map.
11.
Variances
(a)
Where an approval or development permit cannot be given by Council because a
proposed development does not comply with the numeric development standards set
out in the applicable use zone table of the Development Regulations, Council may, in its
discretion, vary the yard, area, lot coverage, setback, size, height, frontage and any other
numeric requirements set out in the applicable use zone table to a maximum of 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.
(b)
Council shall not allow a variance from the numeric development standards set out in the
applicable use zone table if that variance, when considered together with other variances
made or to be made with respect to the same land, building or structure, would have a
cumulative effect that is greater than a 10% variance even though the individual variances
are separately no more than 10%.
(c)
Council shall not permit a variance from the numeric development standards set out in
the applicable use zone table where the proposed development would increase the non-
conformity of an existing development.
Bauline Development Regulations
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12.
Notice of Variance
Where Council wishes to consider a proposed variance, Council shall give written notice, by the
most appropriate means, of the proposed to all persons whose land is in the immediate vicinity
of the land by that is the subject of the variance and allow a minimum period of 7 days for
response.
13.
Service Levy
(a)
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 property is enhanced by the carrying out of public works either on or off the site of the
development.
(b)
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 in Regulation 14 (1) that
are necessary for the real property to be developed in accordance with the standards
required by Council and for uses that are permitted on that real property.
(c)
A service levy shall be assessed on the real property based on,
(i)
the amount of real property benefited by the public works related to all the real
property so benefited, and,
(ii)
the density of development made capable or increased by the public work.
(d)
Council may require a service levy to be paid by the owner of the real property,
(i)
at the time the levy is imposed,
(ii)
at the time development of the real property commences,
(iii)
at the time development of the real property is completed, or,
(iv)
at such other time as Council may decide.
14.
Financial Guarantees by Developer
(a)
Council may require a developer before commencing a development to make such
financial provisions and/or enter into such agreements as may be required to guarantee
the payment of service levies, ensure site reinstatement, and to enforce the carrying out
of any other condition attached to a permit or licence.
(b)
The financial provisions pursuant to Regulation 14 (1) may be made in the form of,
(i)
a cash deposit from the developer, to be held by Council, or,
(ii)
a guarantee by a bank, or other institution acceptable to the Minister, for
expenditures by the developer, or,
(iii)
a performance bond provided by an insurance company or a bank, or,
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(iv)
an annual contribution to a sinking fund held by Council, or,
(v)
another form of financial guarantee that Council may approve.
15.
Dedication of Land for Public Use
In addition to the requirements for dedication of land under Regulation 90, Council may require
the dedication of a percentage of the land area of any subdivision or other development for
public use, and such land shall be conveyed to Council in accordance with the provisions of the
Act.
16.
Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased, Council may order
the developer, the occupier of the site, or the owner, or all of them, to reinstate the site, to
remove all or any buildings or erections, to cover or fill all wells or excavations, and to close all
or any accesses, or to do any of these things or all of them, as the case may be, and the
developer, occupier or owner shall carry out the order of Council and shall put the site in a clean
and sanitary condition to the satisfaction of Council.
17.
Application
(a)
An application for a development permit or for approval in principle shall be made only
by the owner or by a person authorized by the owner on such form as may be prescribed
by Council, and every application shall include such plans, specifications and drawings as
Council may require, and be accompanied by the permit fee required by Council.
(b)
If application is for Crown Land, the applicant must provide a lease or grant issued by the
Crown Lands Branch, Department of Fisheries, Forestry and Agriculture.
(c)
Council shall supply to every applicant a copy of the application forms referred to in
Regulation 17 (a) and a description of the plans, specifications and drawings required to
be provided with the application and any information or requirements applicable to the
application.
(d)
A site plan shall accompany all applications for development or building. The site plan
shall show,
(i)
lot area and lot dimensions,
(ii)
the placement of all buildings, including measurements for building line, side yards
and rear yard depth,
(iii)
building measurements, floor area and building height,
(iv)
access,
(v)
off-street parking,
(vi)
fencing and retaining walls,
Bauline Development Regulations
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(vii) site grading, placement or removal of fill, ditching and storm water management,
(viii) landscaping, and
(ix)
in the case of non-residential development, loading, lot circulation, buffers,
fencing, retaining walls, site grading, storm water management and location of
features such as dumpsters, lighting and other amenities.
(e)
Council may require the submission of additional information to assess an application.
18.
Register of Application
Council shall keep a public 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.
19.
Deferment of Application
(a)
An application properly submitted in accordance with these Regulations shall be
determined within 8 weeks of receipt of the application by Council.
(b)
Council may defer consideration of an application where additional information is
required. Council shall inform the applicant of the deferment in writing.
(c)
Where no decision on an application has been made within 8 weeks of its submission or
where Council has not informed the applicant of its decision to defer consideration in
writing, the application shall be deemed to be refused.
20.
Approval in Principle
(a)
An application for Approval in Principle shall include,
(i)
a description of the proposed development,
(ii)
a description of the limits of the land to be used with the proposed development,
and shall include a survey or legal description of the subject lands, and
(iii)
submission of any pertinent information that may be required by Council.
(b)
Council may issue an Approval in Principle if it determines the application conforms to
the Municipal Plan and these Development Regulations.
(c)
An Approval in Principle shall be valid for a period of 1 year and may be extended 1 year
by written request of the applicant. An Approval in Principle shall be valid for up to a
maximum of 2 years. If a Development Permit is not approved within 2 years of the
issuance of the Approval in Principle, the applicant must reapply, and Council shall assess
the application under the Development Regulations in effect that that time. If an
applicant does not submit a written request to extend an approval in principle, the
approval in principle shall expire.
(d)
No development shall be carried out under an Approval in Principle.
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(e)
Council may revoke an Approval in Principle if it determines the applicant has changed
the proposed development in a way that significantly alters the original intent of the
application.
21.
Development Permit
(a)
A written Development Permit, including a temporary Development Permit, issued by
Council shall be permission to develop. This permission shall not relieve the applicant from
full responsibility of obtaining all other approvals prior to the commencement of
development, complying with the application, complying with any conditions associated
with the Development Permit, and complying with the requirements of all other
regulations and statutes during development.
(b)
Council may attach conditions to a Development Permit to ensure compliance with the
Municipal Plan and these Regulations, and the permit holder shall be responsible for full
compliance with the permit conditions.
(c)
A Development Permit is valid for a period of 1 year and may be extended twice up to a
maximum period of 3 years. After the maximum period of three years, a Development
Permit shall be considered cancelled.
(d)
The issuance of a Development Permit shall not prevent Council from requiring the
correction of errors, or ordering the cessation, removal of, or remedial work on any
development being carried out that is in violation of the Municipal Plan and these
Regulations.
(e)
Council may revoke a Development Permit for failure by the developer to comply with
the Municipal Plan and these Regulations, or any condition attached to the Development
Permit, or where the Development Permit was issued in error or was issued on the basis
of incorrect information.
(f)
No person shall change the application for which a Development Permit has been issued
unless the change has been approved by Council, and written approval has been issued.
No person may erase, alter, or modify any drawings or specifications approved by Council.
Any changes or modifications to drawings or specifications shall be approved by Council.
Any proposed change or modification to a drawing or specification is not valid until
approved by Council.
(g)
A copy of the Development Permit, and the plans and specifications, shall be kept on the
site until completion of the development.
22.
Council Decision
(a)
An applicant shall be informed of Council's decision in writing.
(b)
A decision to refuse a development permit shall include the reasons.
(c)
A decision to impose conditions to a development permit shall include the reasons.
Bauline Development Regulations
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23.
Development Agreement
(a)
Where Council requires a development agreement for a subdivision or major
development, the development agreement shall be a legally binding agreement
setting out specific terms, obligations, and standards for the development.
(b)
A development agreement may be used to secure service levies and financial
guarantees.
(c)
The development agreement shall be signed by the applicant and Council.
Development cannot proceed until the development agreement is signed by both
parties and any service levies and/or financial guarantees have been paid.
24.
Right to Appeal
1.
Where Council makes a decision that may be appealed under section 41 of the Act,
Council shall, in writing, at the time of making that decision, notify the person to whom
the decision applies of the,
(i)
person's right to appeal the decision to the board,
(ii)
the time by which an appeal is to be made,
(iii)
right of other interested persons to appeal the decision, and
(iv)
manner of making an appeal and the address for the filing of the appeal.
2.
An appeal may be filed with the Appeal Officer with the Department of Municipal and
Provincial Affairs, P.O. Box 8700, St. John's, Newfoundland Labrador, A1B 4J6 or by email
to [email protected].
3.
An appeal shall be made in writing and shall include,
(i) a summary of the decision being appealed,
(ii) the grounds of the appeal, and
(iii) the required fee.
An appeal form is available at www.gov.nl.ca/mpa/for/appeals/ .
(d)
A person or a group of persons aggrieved by a decision may appeal the decision where:
(i)
the decision is permitted to be appealed to an adjudicator under the Act or another
Act, or
(ii)
the decision is permitted to be appealed under the Development Regulations and
the decision relates to the following,
(i)
an application to undertake a development,
(ii)
a revocation of an approval or a permit to undertake a development, or
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(iii)
the issuance of a stop work order.
(e)
An appeal shall be filed with an Appeal Officer with the Department of Municipal and
Provincial Affairs not more than 14 days after the person who made the original
application receives the decision.
(f)
Provisions with respect to appeals are found in Part VI of the Act and sections 5 to 11 of
the Minister's Development Regulations.
25.
Development Prohibited Upon Appeal
(a)
Immediately upon notice of the registration of an appeal, Council shall ensure that any
development upon the property that is the subject of the appeal ceases.
(b)
Sections 102 and 104 of the Act apply to Council acting under subsection (a).
(c)
Upon receipt of a notification of the registration of an appeal with respect to an order
under section 102 of the Act, Council shall not carry out work related to the matter being
appealed.
26.
Non-Conforming Use
(a)
Non-conforming uses are governed by section 108 of the Act. Development, or the use
of land, is allowed to continue in a manner that does not conform with the Municipal
Plan, these Development Regulations, or any other scheme or plan made under the Act
provide that the non-conforming use legally existed before the Municipal Plan and
Development Regulations were registration under section 24 of the Act.
(b)
Notwithstanding subsection (a), a right to resume a discontinued non-conforming use of
a development of use of land shall not exceed 12 months after that discontinuance.
(c)
A building, structure or development that does not conform to a scheme, plan or
regulations made under the Act that is allowed to continue under subsection (a):
(i)
shall not be internally or externally varied, extended or expanded unless otherwise
approved by Council,
(ii)
shall not be structurally modified except as required for the safety of the building,
structure, or development,
(iii)
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,
(iv)
may have the existing use of the building, structure or development varied by
Council to a use that is, in Council's opinion, more compatible with the Municipal
Plan and these Development Regulations,
(v)
may have the existing building extended with the approval of Council where, in
Council's opinion, the extension is not more than 50% of the existing building,
Bauline Development Regulations
Page 11
(vi)
where the non-conformance is with respect to the standards in these development
regulations, the building or development shall not be expanded if the expansion
would increase the non-conformity, and the expansion must comply with the
applicable development standards,
(vii) where the building or structure is primarily zoned and used for residential purposes,
may be repaired or rebuilt where 50% or more of the value of that building or
structure is destroyed provided the new building or structure meets the provisions
of the Municipal Plan and these development regulations.
27.
Notice
(a)
Council may, and when a variance is necessary under Regulation 11 and Council wishes
to consider whether to authorize such a variance, when a change in nonconforming use
is to be considered under Regulation 26, or when the development proposed is listed as
a discretionary use in Schedule C of the Development Regulations shall, at the expense of
the applicant, give notice of an application for a permit or for approval in principle, by
public advertisement in a newspaper circulating in the area or by any other means
deemed necessary.
(b)
Council shall allow a minimum 14-days for response when the application is with respect
to a change in a nonconforming use or when the development is listed as a discretionary
use.
(c)
Council may require notice of any development application where, in its opinion, such a
notice is required for information or to solicit public comment.
(d)
Council shall require the cost of the public notice to be paid by the applicant.
(e)
Council shall endeavour to give notice to the broad community and shall use the most
appropriate means necessary to ensure that residents and interested parties are aware
of the proposed development.
28.
Right of Entry
Council, any town employee, any inspector, or agent of Council 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.
29.
Stop Work Order and Prosecution
(a)
Where a person has undertaken or commenced a building or other development contrary
or apparently contrary to these Regulations, Council may order that person to stop the
development or work under section 102 of the Act. Council may order that person to pull
down, remove, stop construction, fill in or destroy that building or development. Council
may order that person to restore the store or area to its original state.
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(b)
A person who does not comply with an order made under Regulation 29 (a) is guilty of an
offence under the provisions of the Act.
(c)
An employee may issue an order under section 102 of the Act.
(d)
Where Council appoints an employee or employees to issue orders, the delegation shall
be in writing.
(e)
Where an employee issues an order, the order shall be confirmed by a majority vote of
Council present at the next meeting of Council after the order is made. If the order is not
confirmed by Council, it shall be considered cancelled.
30.
Delegation of Powers
In accordance with section 109 of the Act, Council may appoint an employee or employees to approve
or reject applications to development land in accordance with the Bauline Municipal Plan and
Development Regulations. That employee may set conditions applicable to that development.
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PART III - GENERAL DEVELOPMENT STANDARDS
31.
Accesses and Service Streets
(a)
Access shall be located to the specification of Council to ensure the greatest possible
convenience and safety of the street system. No vehicular access shall be closer than 10
metres to the street line of any street intersection.
(b)
An access to a provincial highway requires approval of the Department of Transportation
and Infrastructure. Such an access must be constructed to the Department of
Transportation and Infrastructure requirements.
32.
Accessory Buildings
(a)
Accessory buildings shall be clearly incidental and complementary to the use of the main
buildings in character, use, and size, and shall be contained on the same lot.
(b)
No accessory building or part thereof shall project in front of the main building except
with Council approval where:
(i)
the proposed location complements the historical development pattern in the
surrounding area, such as the dwellings and areas that have reduced setbacks,
(ii)
the physical limitations of the property do not allow for the development of an
accessory building in the rear or side yards, or
(iii)
the proposed location would adversely affect the view from neighbouring homes.
(c)
The side yard requirements set out in the use zone tables in Schedule C of these
Development Regulations shall apply to accessory buildings wherever they are located on
the lot but accessory buildings on 2 adjoining properties may be built to property
boundaries provided they shall be of fire-resistant construction and have a common
firewall.
(d)
More than one accessory building shall be permitted on a lot. The area of the main
building and the accessory buildings shall not exceed total lot coverage set out in the
applicable use zone table in Schedule C of these Development Regulations. Where there
is no lot coverage specified in the applicable use zone table, Council may exercise its
discretion to determine the appropriate number of accessory buildings and maximum lot
coverage.
(e)
An accessory building shall not be any higher than the main building on the lot.
(f)
An accessory building shall be complimentary to the main building on the lot in style and
exterior finish.
(g)
An accessory building shall not be used for human habitation.
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(h)
An accessory building, in the form of a private garage only, may be permitted in the side
yard of a residential lot at Council's discretion, but shall not be located in the flanking yard
of a corner lot.
(i)
Accessory buildings shall not be used for performing motor vehicle or heavy equipment
repairs, auto painting, dismantling, or scrapping of vehicles or other machinery.
(j)
Each use zone table in Schedule C shall establish maximum lot coverage, maximum floor
area, separation distances and setbacks for the applicable use zone.
33.
Accessory Uses
Council may permit an accessory use that is subsidiary to a permitted or discretionary use listed
in the applicable use zone table in Schedule C of these Development Regulations provided that
the use is customarily expected to occur in association with the permitted or discretionary use.
34.
Alterations to the Natural Topography
(a)
Applications involving the alteration of the natural topography through site grading,
placement or removal of fill, ditching, or substantial landscaping must submit a site plan.
(b)
Council may impose conditions on a Development Permit to ensure that the off-site
impact of the alterations to the natural topography are minimal.
(c)
Alterations to the natural topography which shall adversely affect adjacent property or
water courses are not permitted.
(d)
Topsoil and sods shall not be removed except with the approval of Council.
35.
Archaeological Site
(a)
No land or ground disturbance shall be permitted near the know archaeological site
without the Provincial Archaeology Office, Department of Tourism, Culture, Arts and
Recreation being consulted in writing.
(b)
If an archaeological site is accidently discovered, work cease immediately, and the Town
shall contact the Provincial Archaeological Office.
36.
Buffer
(a)
Where any commercial or industrial development permitted in any Use Zone abuts an
existing or proposed residential area, a dwelling, or is separated from a residential area
by a street only, the owner shall provide a buffer strip not less than 10 metres wide. The
buffer shall include the provision of such natural or structural barrier as may be required
by Council and shall be maintained by the owner or occupier to the satisfaction of Council.
(b)
Council may require a financial guarantee to ensure that the required buffer in put in
place.
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37.
Building Height
Council may permit the erection of buildings of a height greater than that specified in Schedule
C, but in such cases the building line setback and rear yard requirements shall be enlarged as
follows,
(a)
The building line setback shall be increased by 2 metres for every 1 metre increase in
height.
(b)
The rear yard depth shall not be less than the minimum building line setback calculated
as described in (a) above plus 6 metres.
38.
Building Line Setback
(a)
Buildings must be setback from the street reservation in accordance with the standards
in the applicable use zone table in Schedule C of these Development Regulations.
(b)
Notwithstanding Regulation 38 (a), Council may establish a building line setback to
accommodate infill development on an existing street to ensure that new buildings fit
with the existing development pattern and streetscape.
(c)
By resolution, Council may establish building lines on a proposed street within a
subdivision development and may require any new buildings to be located on those
building lines, whether such building lines conform to the standards set out in the tables
in Schedule C of these Regulations.
39.
Climate Change Buffers
(a)
No development permit shall be issued for any land use or building within 30 metres of a
cliff edge unless there is an established development pattern.
(b)
Where there is an established development pattern within 30 metres of a cliff edge, new
land uses, structures and buildings and the repair and extension of existing buildings and
development may be permitted subject to conditions mitigating risk from storm surges,
sea level rise and/or coastal erosion.
40.
Corner Lots
(a)
Properties situated on existing or proposed corner lots shall be deemed to have frontage
on two streets and shall be required to maintain the minimum building line setback on
both the primary and flanking streets as prescribed in the use zone table.
(b)
On a corner lot, no fence, sign, hedge, shrub, bush or tree or any other structure or
vegetation shall be erected or permitted to grow to a height greater than 1 metre above
grade of the street or in a manner that obstructs visibility within a triangular area extending
6 metres along both streets from the point of intersection on both streets.
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41.
Development Below the 4 Metre Contour
(a)
Where there is no established development pattern, no new structures or buildings shall
be permitted below the 4 metre contour.
(b)
Where there is an established development pattern, an application for new land uses and
buildings or the repair or extension of existing buildings or land uses may be approved
subject to conditions imposed by Council.
42.
Easements
(a)
Where land is required for a utility or infrastructure easement, the easement shall be
conveyed to the appropriate agency, company, or the Town.
(b)
No permanent building shall be constructed over any known easement or right of way,
whether that easement or right of way has been assigned to the Town, the provincial or
federal government, any utility company, or Crown Land. Permanent buildings include,
but are not limited to, all dwellings and accessory buildings.
43.
East Coast Trail
(a)
Development shall not impede the East Coast Trail or any subsidiary or community paths.
(b)
A natural buffer shall be retained within 15 metres of the East Coast Trail.
(c)
Development shall not impede any views of the ocean or coastline from the East Coast
Trail.
(d)
Council shall review development applications in proximity to the East Coast Trail to
ensure that the visual impact is minimized, and natural tree cover is maintained.
(e)
Council shall review development applications in proximity to the East Coast Trail to
ensure that new buildings are sited in harmony with the natural landscape and with
respect to the topography.
(f)
Steep slopes and rocky outcrops visual from the East Coast Trail shall remain
undeveloped.
44.
Emergency Access
Where Council requires land for an emergency access, the land shall be conveyed to the Town.
45.
Fronting on a Public Street
(a)
Except where specifically provided for in the Use Zone Tables in Schedule C of these
Development Regulations or in subsection (b), no assembly use, institutional use,
business and personal service use, mercantile use, industrial use, or residential use shall
be erected unless the lot on which it is situated fronts directly onto a street or has direct
access onto an internal street which forms part of a subdivision or comprehensive
development.
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(b)
Parks, playgrounds, community gardens, and trails are not required to front onto a public
street provided that pedestrian and vehicle access is safe, and the park, playground
and/or trailhead is visible from the public street.
46.
Group Home
A group home is permitted in any dwelling that is adequate in size to accommodate the number
of persons living in the group home, inclusive of staff, provided that in the opinion of Council,
the use of the dwelling does not materially differ from, nor adversely affect, the amenities of
the adjacent residences, or the neighbourhood in which it is located.
47.
Habitat Conservation Areas
Any application for development in Habitat Conservation Areas shown on the Land Use Zoning
Map shall be referred to the Wildlife Division, Department of Fisheries, Forestry and Agriculture
for review and comment.
48.
Height Exceptions
The height requirements prescribed in Schedule C of these Development Regulations may be
waived in the case of communication masts and antennae, flagpoles, water towers, spires,
belfries, or chimneys.
49.
Land Suitability
(a)
Development may only occur on suitable land.
(b)
No development shall be permitted on land with a slope greater than 15 percent unless
a study is prepared by a qualified individual, such as an engineer or geoscientist licensed
to practice in the Province of Newfoundland Labrador.
(c)
No development shall be permitted on unstable land, land with poor drainage, land with
a highwater table, wetlands, or land subject to erosion or flooding unless a study prepared
by a qualified engineer or geoscientist licensed to practice in the Provincial of
Newfoundland Labrador.
(d)
The study shall address site grading, drainage, and landscaping, and identify the potential
of the development of being impacted by, or causing, erosion or flooding to adjacent
properties. The study shall propose mitigation measures which may include site grading,
drainage easements, flood proofing or other actions.
(e)
Council may impose conditions to mitigate site hazards and any potential impacts on
neighbouring properties, Town land and/or infrastructure.
50.
Livestock Structures and Uses
No structure designed to contain more than five animal units shall be erected or used unless it
complies with the following requirements:
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(a)
The structure shall be at least 600 metres from a dwelling (except a farm dwelling),
a dwelling which is a non-conforming use in any zone in which agriculture is a
permitted use class in the Use Zone Tables in Schedule C of these Regulations, from
any area zoned Residential.
(b)
The structure shall be at least 60 metres from the boundary of the property on
which it is to be erected.
(c)
The structure shall be at least 90 metres from the centre line of a street.
(d)
The erection of the structure shall be approved by the Department of Fisheries,
Forestry and Agriculture and the Department of Environment and Climate Change.
(e)
No dwelling 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 Department of Fisheries, Forestry and Agriculture.
51.
Infilling Within 15 metres of a Body of Water
No development permit shall be issued for any development involving infilling within 15 metres
of a body of water unless a permit has been issued by the Water Resources Management
Division, Department of Environment and Climate Change.
52.
Lot Area
(a)
No lot shall be reduced in area, either by the conveyance or alienation of any portion
thereof or otherwise, so that any building or structure on such lot shall have a lot coverage
that exceeds, or a front yard, rear yard, side yard, frontage or lot area that is less than
that permitted by these Development Regulations for the zone in which such lot is
located.
(b)
Where any part of a lot is required by these Development 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.
53.
Lot Area and Size Exceptions
Where, at the time of coming into effect of these Development Regulations, one or more lots
already exist in the Residential zone, with insufficient frontage or area to permit the owner or
purchaser of such a lot or lots to comply with the provisions of these Development Regulations,
then these Development Regulations shall not prevent the issuing of a permit by Council for the
erection of a dwelling thereon, provided that the lot coverage and height are not greater than,
and the yards and floor area are not less than the standards set out in these Development
Regulations in the Residential use zone table.
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54.
Non-Domestic Water Use
No development permit shall be issued for an application involving non-domestic water use
from any water source unless a license from the Water Resources Management Division,
Department of Environment and Climate Change is provided to the Town.
55.
Offensive and Dangerous Uses
No building or land shall be used for any purpose which may be dangerous by causing or
promoting fires or other hazards or which may emit noxious, offensive, or dangerous fumes,
smoke, gases, radiation, smells, ash, dust or grit, excessive noise, or vibration, or create any
nuisance that has an unpleasant effect on the senses unless its use is approved by Council.
56.
On-Site Sewerage Disposal
(a)
An on-site sewerage disposal system shall be located at minimum of 30 metres from a
waterbody, wetland, or water course.
(b)
Approval for an on-site sewerage disposal system issued by the Government Service
Centre, Department of Digital Government and Service NL must be provided to the Town
before the Town shall issue a development permit.
57.
Preservation of Trees
(a)
Mature trees shall be preserved where possible.
(b)
Mature trees shall only be removed if it is:
(i)
dangerous because of age, disease, or proximity to an existing building,
(ii)
overcrowded,
(iii)
unduly inhibit light and air circulation, or
(iv)
inhibit construction.
(c)
Council may require trees to be replaced or enhanced landscaping as a condition of a
development permit.
58.
Shore Water Zone
(a)
No development shall be permitted in a shore water zone without a permit issued by the
Water Resources Management Division, Department of Environment and Climate
Change.
(b)
Any development shall comply with the requirements of the applicable zone shown on
the Land Use Zoning Map and the Department of Environment and Climate Change
"Policy for Development in Shore Water Zones".
59.
Side Yards
A side yard which shall be kept clear of obstruction shall be provided on the exposed sides of
every building to provide access for the maintenance of that building.
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60.
Stormwater Management
(a)
Where possible, development shall be designed for zero net run-off.
(b)
No run-off from a development shall negatively impact adjoining properties.
(c)
Alternations to the natural drainage pattern shall be minimized.
61.
Street Reservation and Street Standards
(a)
A new street or street extension may not be constructed except in accordance with and
to the design and specifications laid down by Council. A subdivision development shall
meet the standards set out in Part IV of these Development Regulations. All new streets
and street extensions shall be constructed as the expensive of the owner or developer.
(b)
All new streets and street extensions shall be designed and certified by a professional
engineer who is a member in good standing of the Professional Engineers and
Geoscientists Newfoundland Labrador.
(c) All new streets and street extensions shall have a reservation of 15 metres.
(d)
All new streets shall be constructed to the standards set out in Regulation 92 of these
Development Regulations.
(e)
Street extensions shall be finished with the same surface of the existing road and shall
have a driving surface which meets the standards set out in Regulation 92 of these
Development Regulations.
(f)
A street extension shall be a minimum of 23 metres beyond the last driveway on the road
extension.
(g)
Driveway culverts shall be installed to Council standards at the expensive of the owner or
developer.
(h)
Council may require the construction of ditches on both side of the street at the expense
of the owner or developer. Ditches shall be constructed to Council standards.
(i)
The Town shall not accept any new street or street extension as a public street unless,
(i)
the street or street extension has received a development permit,
(ii)
the street or street extension has received approval from the Town's engineer
that it has been constructed to Town standards,
(iii)
the developer transfers to Council, at no cost to Council, and clear of all liens and
encumbrances all lands in the street reservation.
(j)
Council shall not provide maintenance for any street, service, or public work until such
time as such street, service or public work has been transferred to and accepted by
Council.
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62.
Streets, Services and Public Utilities
Streets, public services, and public utilities are permitted in all use zones provided Council is
satisfied that it is necessary to the proper operation of a land use, the public service or public
utility and 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.
63.
Survey Control Markers
(a)
Any application for development in the vicinity of a survey control marker shall be
referred to the GIS and Mapping Division, Department of Fisheries, Forestry and
Agriculture.
(b)
Any disturbance of a survey control marker shall be referred to the GIS and Mapping
Division, Department of Fisheries, Forestry and Agriculture.
64.
Subsidiary Apartments
(a)
Subsidiary apartments are permitted in single dwellings and double dwellings.
(b)
Only one subsidiary apartment shall be permitted in a single dwelling or a double
dwelling.
(c)
For calculating lot area and yard requirements, the apartment shall be considered part of
the dwelling.
(d)
One off-street parking space shall be required for the subsidiary apartment.
(e)
For lots without municipal water and sewer services, the Department of Digital
Government and Service NL shall determine water and sewerage disposal requirements.
No permit shall be issued without approval from the Department of Digital Government
and Service NL.
65.
Tourism Accommodation
All development providing tourism accommodation shall be registered in accordance with the
Tourism Accommodation Act.
66.
Unsubdivided Land
Development is not permitted on unsubdivided land unless sufficient area is reserved to satisfy
the yard and other allowances called for in the Use Zone in which it is located, and the
allowances shall be retained when the adjacent land is developed.
67.
Urban Agriculture
(a)
Home gardens shall be permitted on all residential lots.
(b)
Poultry or livestock may be kept on a residential lot with the approval of Council.
Council may exercise its discretion to limit the number of poultry and livestock being kept
on a residential lot to reduce any potential negative impacts on surrounding properties.
(c)
Council may exercise its discretion to place limitations on the sale of eggs, meat, manure,
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or other agricultural products to ensure that the urban agriculture use occurs at a scale
that is appropriate to the lot and surrounding area.
(d)
Council shall ensure that urban agriculture uses shall be nuisance free and the
surrounding property owners shall not be negatively impacted. Council may impose
conditions to minimize any potential impacts on surrounding property owners and/or the
environment.
(e)
Any structures and buildings associated with an urban agriculture use shall be considered
an accessory building and must comply with the accessory building requirements
including in the overall calculation of the maximum combined floor area of accessory
buildings as established in the Residential Infill zone.
(f)
All structures and buildings association with an urban agricultural use, including
greenhouses, shall be located a minimum of 3 metres from the nearest part of the main
building and a minimum of 3 metre from a side and rear lot line notwithstanding the
standards in Schedule C for the applicable zone.
(g)
The applicant shall comply with the environmental guidelines for livestock, poultry, and
horticulture producers, issued by Newfoundland and Labrador Agriculture.
(h)
No structure or building associated with an urban agricultural use, including greenhouses,
shall be located in front of the dwelling located on a residential lot.
68.
Uses Permitted or Discretionary in all Zones
(a)
Conservation uses, urban agriculture in the form of community gardens only, recreational
open space in the form of small parks, playgrounds, and trails only, other passive
recreation uses, and antenna are permitted in all zones provided that:
(i)
Recreational open space uses must not conflict with surrounding land uses,
(ii)
Recreational open space uses shall be restricted to parks, playgrounds, trails,
(iii)
Conservation uses shall be restricted to lookouts, interpretation sites, birdwatching
hides, and similar low intensity uses related to trails and habitat conservation, and
(iv)
Recreational open space and trailheads must provide off-street parking in
accordance with Schedule D.
(b)
Antenna are permitted in all zones provided that the applicant consults with Council with
respect to site selection and compatibility with existing land uses, completes the
Innovation, Science and Economic Development Canada public consultation process and
provides Council with details of any mitigation measures that address local concerns.
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(c)
Mineral exploration (development) is a discretionary use in all zones subject to the
following conditions:
(i)
Council advertises the discretionary use in accordance with Regulation 27 and
consider submission in accordance with Regulation 104,
(ii)
The exploration activities have a minimal impact on the landscape and surrounding
uses,
(iii)
A permit from the Mines Branch, Department of Industry, Energy and Technology
must be provided to the Town,
(iv)
Any ground disturbance is remediated to Council's satisfaction, and
(v)
Any accesses are removed or barred to prevent further use once the exploration
activities are completed.
(d)
Mineral exploration (development) may be subject to conditions to control noise,
appearance, street construction, ground disturbance, duration of the exploration activity,
hours of operations and other measures to minimize impact on residential uses,
recreational open space use, conservation use, protected water supply areas, public
wellhead and water courses, water bodies, wetlands, steep slopes, and other
environmentally sensitive features.
(e)
Exploration activities involving prospecting, geo-chemistry, or ground-based or airborne
surveys, which do not meet the definition of development in the Act, shall not require the
approval of Council but a permit from the Mines Branch, Department of Industry, Energy
and Technology must be provided to the Town.
69.
Water Reservation
(a)
No development shall be permitted within 15 metres of the high-water mark of water
course, or within 15 metres of the shoreline of a waterbody, with the exception of
conservation structures such as those designed to control flooding and erosion, the
construction of ditches, streets, culverts, bridges, trails, transmission lines or other
utilities, or trails and recreational open uses.
(b)
Development of marine or water related uses such as wharfs, slipways, boathouse,
breakwaters and docks may be permitted within 15-metres of a waterbody or water
course subject to approval from Crown Land.
(c)
Any infilling within 15 metres of the high-water mark of a waterbody or water course
including a wetland shall require approval from the Water Resources Management,
Department of Environment and Climate Change.
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70.
Wetland Protection
(a)
No development involving infilling, drainage, dredging, channelization, removal of
vegetation, soil or organic cover of wetlands which could aggravate flooding or adverse
water quality, water quality or hydrological impacts shall be permitted.
(b)
Development affecting wetlands must be approved by the Water Resources Management
Division, Department of Environment and Climate Change.
71.
Zero Lot Line and Other Comprehensive Development
Council may, at its discretion, approve the erection of dwellings which are designed to form part
of a zero lot line development or other comprehensive layout which does not, with the
exception of dwelling unit floor area, meet the requirements of the Use Zone Table in Schedule
C, provided that the dwellings are designed to provide both privacy and reasonable access to
natural daylight and the overall density within the layout conforms to the regulations and
standards set out in the Use Zone Table apply where the layout adjoins other development.
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PART IV - ADVERTISEMENTS
72.
Permit Required
(a)
Subject to the provisions of Regulation 21, no advertisement shall be erected or displayed in
the Municipal Planning Area unless a development permit for the advertisement is first
obtained from Council.
(b)
A development permit for erection or display of advertisement within 100 metres from the
highway centre line on Provincial Highways shall be obtain from the Government Service
Centre, Department of Digital Government and Service NL except for a premises sign
advertising business, service, industry or other use provided that:
(i)
The premises sign is located on the same lot as the business, service, industry or other
use, and
(ii)
The premises sign does not adversely affect traffic flow or safety.
(c)
All signs within 100 metres from the centreline of a provincial highway shall conform to the
requirements of the Highway Sign Regulations, 1999.
73.
Form of Application
Application for a permit to erect or display an advertisement shall be made to Council in accordance
with Regulation 17.
74.
General Standards for Signs
(a)
No advertisement shall be permitted to be erected or displayed within, on or over any
highway or street reservation.
(b)
All signs must be located on the lot where the business, service, industry or other activity is
located unless otherwise permitted in these Regulations.
(c)
Signs in all zones must be maintained in good condition and shall not pose a safety hazard.
(d)
Illumination of signs is not permitted.
(e)
No sign shall project above the roofline of a building.
(f)
Billboards are not permitted.
75.
Permit Valid for Limited Period
A development permit granted under these Development 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 Council for similar periods.
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76.
Removal of Advertisements
Notwithstanding the provisions of these Development Regulations, Council may require the
removal of any advertisement which, in its opinion, is,
(a)
hazardous to street traffic by reason of its siting, colour, illumination, or structural, condition,
or,
(b)
detrimental to the amenities of the surrounding area.
77.
Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Municipal Planning Area without
application to Council or the Government Service Centre, Department of Digital Government and
Service NL:
(a)
on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding 0.2 square
metres in area,
(b)
on an agricultural holding or farm, a notice board not exceeding 1 square metres 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 square metres in area
and relating to forestry operations or the location of logging operations conducted on the
land,
(d)
on land used for mining or quarrying operations, a notice board not exceeding 1 square
metres 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 square
metres 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 square metres 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 square metres in size,
identifying the parking lot.
78.
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.
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79.
Non-Conforming Uses
Notwithstanding the provisions of Regulation 26, a permit may be issued for the erection or display
of advertisements on a building or within the courtyard of a building or on a parcel of land, the use
of which is a non-conforming use, provided that the advertisement does not exceed the size and
type of advertisement which could be permitted if the development was in a Use Zone appropriate
to its use, and subject to any other conditions deemed appropriate by Council.
80.
Informational Wayfaring Signs
Informational wayfaring signs erected by Council, or a community organization with the approval
of Council, are permitted in all zones but cannot be located within 100 metres of the centreline of
or any other provincial highway in the municipal planning area.
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PART V - SUBDIVISION OF LAND
81.
Permit Required
(a)
No land in the Municipal Planning Area shall be subdivided unless a development permit is
obtained from Council. Any lot created by subdivision must meet the lot standards for
frontage and lot area for the applicable use zone table.
(b)
No development of a residential, commercial, industrial, or other or other subdivision or a
comprehensive development may occur unless a development permit is obtained from
Council.
82.
Application
The application for a subdivision or other comprehensive development shall be accompanied by
the following,
(a)
a legal survey of the subject property,
(b)
a preliminary site plan showing the proposed development which shall include, but not
limited to, street and lot layout, identification of services and connections, water courses and
wetlands, open space, utilities, and street connections prepared and stamped by a
professional engineer licensed to practice in Newfoundland Labrador; and
(c)
assessment of site suitability including the identification of slopes greater than 15 percent,
unstable land, land subject to poor drainage, land with a highwater table, land subject to
erosion or flooding or other site hazards.
83.
Services to be Provided
No development permit shall be issued for the development of a residential, commercial, industrial,
or other subdivision or a comprehensive development unless provisions satisfactory to Council have
been made in the application for a supply of drinking water, a properly designed sewage disposal
system, and a properly designed storm drainage system.
84.
Payment of Service Levies and Other Charges
No development permit shall be issued for the development of a subdivision until agreement has
been reached for the payment of all fees levied by Council for connection to services, utilities and
streets deemed necessary for the proper development of the subdivision, and all service levies and
other charges imposed under Regulations 13 and 14.
85.
Issue of Development Permit Subject to Considerations
A development 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 municipality and does not demonstrate
sound design principles. In considering an application, Council shall, without limiting the generality
of the foregoing, consider,
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(a)
the location of the land,
(b)
the availability of and the demand created for schools, services, and utilities,
(c)
the provisions of the Plan and Regulations affecting the site,
(d)
the land use, physical form and character of adjacent developments,
(e)
the transportation network and traffic densities affecting the site,
(f)
the relationship of the project to existing or potential sources of nuisance,
(g)
soil and subsoil characteristics,
(h)
the topography of the site and its drainage,
(i)
natural features such as lakes, streams, topsoil, and trees,
(j)
prevailing winds,
(k)
visual quality,
(l)
community facilities,
(m)
energy conservation, and
(n)
such other matters as may affect the proposed development.
86.
Groundwater Assessment
A groundwater assessment report, approved by the Water Resources Management Division,
Department of Environment and Climate Change shall be required for new subdivisions consisting
of five or more lots served by private wells before Council shall issue a development permit. The
groundwater assessment report must be prepared in accordance with the "Groundwater Supply
Assessment and Reporting Guidelines for Subdivisions serviced by Individual Private Wells".
87.
Building Permits Required
Notwithstanding the approval of a subdivision by Council, a separate building permit shall be
obtained for each building proposed to be erected in 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.
88.
Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones delineated on the
Zoning Maps.
89.
Building Lines
Council may establish building lines for any subdivision street and require any new building to be
located on such building lines.
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90.
Land for Public Open Space
(a)
Before a development commences, the developer shall, if required, dedicate to Council, at
no cost to Council, an area of land equivalent to not more than 10% of the gross area of the
subdivision for public open space.
(b)
Where land is subdivided for any purpose other than residential use, Council shall determine
the percentage of land to be dedicated,
(c)
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,
(d)
The location and suitability of any land dedicated under the provisions of these Development
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,
(e)
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,
(f)
Money received by Council in accordance with Regulation 103 (5) above, shall be reserved
by Council for the purpose of the acquisition or development of land for public open space
or other public purpose.
(g)
Land dedicated for public use in accordance with this Regulation shall be conveyed to Council
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 public open space or other public purposes.
(h)
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 under Regulation 90 (a).
91.
Structure in Street Reservation
The placing within any street reservation of any structure (for example, a hydro pole, telegraph or
telephone pole, fire hydrant, mailbox, fire alarm, signpost) shall receive the prior approval of Council
which shall be satisfied on the question of safe construction and relationship to the adjoining
buildings and other structures within the street reservation.
92.
Subdivision Development Standards
No permit shall be issued for a subdivision development the site design conforms to the following
standards:
(a)
The finished grade of streets shall not exceed 10 percent.
(b)
New subdivisions shall have street connections with an existing street or streets.
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(c)
Every cul de sac shall be provided with a turning circle of a diameter of not less than 30
metres.
(d)
The maximum length of any cul de sac shall be 490 metres in areas not served by or planned
to be served by municipal piped water and sewer services.
(e)
The length of a cul de sac shall be measured from the middle of the street intersection to the
top of the turning circle.
(f)
Where required by Council, an 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.
(g)
No cul de sac shall be located so as to terminate a collector street.
(h)
All street intersections shall be constructed within 5° of a right angle and this alignment shall
be maintained for 30 metres from the intersection.
(i)
No street intersection shall be closer than 60 metres to any other street intersection.
(j)
No more than four streets shall join at any street intersection.
(k)
No residential street block shall be longer than 490 metres between street intersections.
(l)
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,
Type of Street
Street
Reservation
Pavement
Width
Sidewalk
Width
Sidewalk
Number
Local Streets
15m
9m
1.5m
1
Service Streets
15m
9m
1.5m
1
(m)
No lot intended for residential purposes shall have a depth exceeding four times the frontage.
(n)
Residential lots shall not be permitted which abut a local street at both front and rear lot
lines.
(o)
Council may require any existing natural, historical or architectural feature or part thereof to
be retained when a subdivision is developed.
(p)
Land shall not be subdivided in such a manner as to prejudice the development of adjoining
land.
93.
Engineer to Design Works and Certify Construction Layout
(a)
Plans and specifications for all water mains, hydrants, sanitary sewers, storm sewers and all
appurtenances thereto and all streets, paving, curbs, gutters and catch basins and all other
utilities deemed necessary by 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
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designs and specifications shall, upon approval by Council, be incorporated in the plan of
subdivision.
(b)
Upon approval by Council of the proposed subdivision, the Town's Engineer shall certify all
work of construction layout preliminary to the construction of the works and thereupon the
developer shall proceed to the construction and installation, at his own cost and in
accordance with the approved designs and specifications and the construction layout
certified by the 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.
94.
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 recommended by the Professional Engineers and Geoscientists
Newfoundland & Labrador (PEGNL) and in effect at the time the work is carried out.
95.
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 his application, an amount estimated by the Engineer as reasonably sufficient to
cover the cost of construction and installation of the works. In the later stage of the work of
development, Council shall call for tenders for the work of construction and installation of the
works, and the amount so deposited by the developer shall be applied towards payment of the
contract cost. If the contract cost exceeds the deposit, the developer shall pay to Council the
amount of the excess. If the contract price is less than the deposit, Council shall refund the amount
by which the deposit exceeds the contract price. Any amount so deposited with Council by the
developer shall be placed in a separate savings account in a bank and all interest earned thereon
shall be credited to the developer.
96.
Transfer of Streets and Utilities to Council
(a)
The developer shall, following the approval of the subdivision of land and upon request of
Council, transfer to Council, at no cost to Council, and clear of all liens and encumbrances,
(i)
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,
(ii)
all services or public works including streets, water supply and distribution and sanitary
an storm drainage systems installed in the subdivision that are normally owned and
operated by Council.
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(b)
Before Council shall accept the transfer of lands, services or public works of any subdivision,
the Engineer shall, at the cost to the developer, test the streets, services and public works
installed in the subdivision and certify his satisfaction with their installation.
(c)
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.
97.
Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the purposes of
development and no building permit shall be issued until Council is satisfied that,
(a)
the lot can be served with satisfactory water supply and sewage disposal systems, and
(b)
satisfactory access to a street is provided for the lots.
98.
Lot Grading
(a)
Subdivision design and lot layout shall take into consideration natural topography and
stormwater drainage.
(b)
Drainage design shall not create flooding or result in excessive stormwater flow on adjoining
lots, Town land or infrastructure.
(c)
Retaining walls shall be avoided where possible and grading plans shall take into
consideration the difference in elevation on adjoining lots
(d)
Council may require a drainage easement to be constructed and conveyed to the Town.
99.
Grouping of Buildings and Landscaping
(a)
Each plan of subdivision shall make provision for the grouping of building types and for
landscaping in order to enhance the visual aspects of the completed development and to
make the most use of existing topography and vegetation.
(b)
Building groupings, once approved by Council, shall not be changed without written
application to and subsequent approval of Council.
100. Open Space
(a)
All open space to be conveyed to the Town shall be graded with suitable fill material in
accordance with the approved plan of subdivision.
(b)
Minimum landscaping of open space shall be topsoil and grass sods or hydro seed and must
be completed prior to the conveyance to the Town.
(c)
All trails shall be developed to Council's standards.
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PART VI - USE ZONES
101. Use Zones
(a)
For the purpose of these Development Regulations, the Municipal Planning Area is divided
into Use Zones which are shown on the Land Use Zoning Map attached to and forming part
of these Regulations.
(b)
The permitted use classes, discretionary use classes, standards, requirements, and conditions
applicable to each Use Zone are set out in the Use Zone Tables in Schedule C of these
Regulations.
(c)
Where standards, requirements, and conditions applicable in a Use Zone are not set out in
the Use Zone Tables in Schedule C, Council may in its discretion, determine the standards,
requirements and conditions which shall apply.
102. Use Classes
The specific uses to be included in each Use Class set out in the Use Zone Tables in Schedule C shall
be determined by Council in accordance with the classification and examples set out in Schedule B.
103. Permitted Uses
Subject to these Development Regulations, the uses that fall within the Permitted Use Classes set
out in the appropriate Use Zone Table in Schedule C shall be permitted by Council in that Use Zone.
104. Discretionary Uses
Subject to these Development Regulations, the uses that fall within the Discretionary Use Classes
set out in the appropriate Use Zone Table in Schedule C may be permitted in that Use Zone if Council
is satisfied that the development would not be contrary to the general intent and purpose of these
Regulations, the Municipal Plan, or any further scheme or plan or regulation pursuant thereto, and
to the public interest, and if Council has given notice of the application in accordance with
Regulation 27 and has considered any objections or representations which may have been received
on the matter.
105. Uses Not Permitted
Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes set out in the
appropriate Use Zone Tables in Schedule C, shall not be permitted in that Use Zone and shall be
considered prohibited uses.
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NEWFOUNDLAND REGULATION 3/01
Development Regulations under the Urban and Rural Planning Act, 2000.
(Filed January 2, 2001)
Under Council of section 36 of the Urban and Rural Planning Act, 2000, I make the following
regulations.
Dated at St. John's, January 2, 2001.
Minister of Municipal and Provincial Affairs
REGULATIONS
Analysis
1. Short title
2. Definitions
3. Application
4. Interpretation
5. Notice of right to appeal
6. Appeal requirements
7. Appeal registration
8. Development prohibited
9. Hearing notice and meetings
10. Hearing of evidence
11. Board decision
12. Variances
13. Notice of variance
14. Residential non-conformity
15. Notice and hearings on change of use
16. Non-conformance with standards
17. Discontinuance of non-conforming use
18. Delegation of powers
19. Commencement
1. Short title
These regulations may be cited as the Development Regulations.
2. Definitions
In these regulations,
(a)
"Act", unless the context indicate otherwise, means the Urban and Rural
Planning Act, 2000;
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(b)
"applicant" means a person who has applied to an Council for an approval or
permit to carry out a development;
(c)
"Council" means a Council, authorized administrator or regional Council; and
(d)
"development regulations" means these regulations and regulations and by-
laws respecting development that have been enacted by the relevant Council.
3. Application
(1)
These regulations shall be included in the development regulations of a Council and shall
apply to all planning areas.
(2)
Where there is a conflict between these regulations and development regulations or
other regulations of a Council, 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.
4. Interpretation
(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 Council 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 Council'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;
(iii)
"floor area" means the total area of all floors in a building measured to
the outside face of exterior walls;
(iv)
"frontage" means the horizontal distance between side lot lines
measured at the building line;
(v)
"lot" means a plot, tract or parcel of land which can be considered as a
unit of land for a particular use or building;
(vi)
"lot area" means the total horizontal area within the lines of the lot;
(vii)
"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;
(viii)
"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;
(ix)
"owner" means a person or an organization of persons owning or having
the legal right to use the land under consideration;
(x)
"permitted use" means a use that is listed within the permitted use
classes set out in the use zone tables of an Council's development
regulations;
(xi)
"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 Council
specifies as not permitted within a use zone;
(xii)
"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;
(xiii)
"rear yard depth" means the distance between the rear lot line and the
rear wall of the main building on a lot;
(xiv)
"side yard depth" means the distance between the side lot line and the
nearest side wall of a building on the lot;
(xv)
"street" means a street, street, highway or other way designed for the
passage of vehicles and pedestrians and which is accessible by fire
department and other emergency vehicles;
(xvi)
"street line" means the edge of a street reservation as defined by Council
having jurisdiction;
(xvii)
"use" means a building or activity situated on a lot or a development
permitted on a lot;
(xviii) "use zone" or "zone" means an area of land including buildings and water
designated on the zoning map to which the uses, standards and
conditions of a particular use zone table apply;
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(xix)
"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 Council's regulations;
and
(xx)
"zoning map" means the map or maps attached to and forming a part of
Council's regulations.
(2)
An Council 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 Council's regulations as
discretionary, permitted or prohibited uses for that area.
5. Notice of right to appeal
Where a Council makes a decision that may be appealed under section 42 of the Act, that Council
shall, in writing, at the time of making that decision, notify the person to whom the decision
applies of the,
(a) person's right to appeal the decision to the board;
(b) time by which an appeal is to be made;
(c) right of other interested persons to appeal the decision; and
(d) manner of making an appeal and the address for the filing of the appeal.
6. Appeal requirements
(1)
The secretary of the board at the Department of Municipal and Provincial Affairs, Main
Floor, Confederation Building (West Block), P.O. Box 8700, St. John's, Nfld., A1B 4J6 is the
secretary to all boards in the province and an appeal filed with that secretary within the
time period referred to in subsection 42(4) of the Act shall be considered to have been
filed with the appropriate board.
(2)
Notwithstanding subsection (1), where the City of Corner Brook, City of Mount Pearl or
City of St. John's appoints an appeal board under subsection 40(2) of the Act, an appeal
shall be filed with the secretary of that appointed board.
(3)
The fee required under section 44 of the Act shall be paid to the board that hears the
decision being appealed by filing it with the secretary referred to in subsection (1) or (2)
within the 14 days referred to in subsection 42(4) of the Act.
(4)
The board that hears the decision being appealed shall, subject to subsection 44(3) of the
Act, retain the fee paid to the board.
(5)
Where an appeal of a decision and the required fee is not received by a board in
accordance with this section and Part VI of the Act, the right to appeal that decision shall
be considered to have been forfeited.
7. Appeal registration
(1)
Upon receipt of an appeal and fee as required under the Act and these regulations, the
secretary of the board as referred to in subsections 6(1) and (2), shall immediately register
the appeal.
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(2)
Where an appeal has been registered the secretary of the board shall notify the
appropriate Council of the appeal and shall provide to Council a copy of the appeal and
the documentation related to the appeal.
(3)
Where an Council has been notified of an appeal that Council 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 Council 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 Council, 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.
8. Development prohibited
(1)
Immediately upon notice of the registration of an appeal the appropriate Council shall
ensure that any development upon the property that is the subject of the appeal ceases.
(2)
Sections 102 and 104 of the Act apply to an Council acting under subsection (1).
(3)
Upon receipt of a notification of the registration of an appeal with respect to an order
under section 102 of the Act, an Council shall not carry out work related to the matter
being appealed.
9. Hearing notice and meetings
(1)
A board shall notify the appellant, applicant, Council 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.
10. Hearing of evidence
(1)
A board shall meet at a place within the area under its jurisdiction and the appellant and
other persons notified under subsection 9(1) or their representative may appear before
the board and make representations with respect to the matter being appealed.
(2)
A board shall hear an appeal in accordance with section 43 of the Act and these
regulations.
(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.
11. Board decision
A decision of the board must comply with the plan, scheme or development regulations that apply
to the matter that has been appealed to that board.
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12. Variances
(1)
Where an approval or permit cannot be given by an Council because a proposed
development does not comply with development standards set out in development
regulations, an Council may, in its discretion, vary the applicable development standards
to a maximum of 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.
(2)
An Council shall not allow a variance from development standards set out in development
regulations if that variance, when considered together with other variances made or to
be made with respect to the same land, building or structure, would have a cumulative
effect that is greater than a 10% variance even though the individual variances are
separately no more than 10%.
(3)
An Council shall not permit a variance from development standards where the proposed
development would increase the non conformity of an existing development.
13. Notice of variance
Where an Council is to consider a proposed variance, that 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.
14. Residential non conformity
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.
15. Notice and hearings on change of use
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 Council, at the applicant's expense, shall publish a notice
in a newspaper circulating in the area or by other means give public notice of an application to
vary the existing use of a non-conforming building, structure or development and shall consider
any representations or submissions received in response to that advertisement.
16. Non-conformance with standards
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.
17. Discontinuance of non-conforming use
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An Council 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.
18. Delegation of powers
An Council shall, where designating employees to whom a power is to be delegated under
subsection 109(3) of the Act, make that designation in writing.
19. Commencement
These regulations shall be considered to have come into force on January 1, 2001.
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SCHEDULE A - DEFINITIONS
The defined words below are primarily intended to assist in the interpretation of specific terms in these
Development Regulations. Words that are in bold are from the Urban and Rural Planning Act, 2000 and the
Minister's Development Regulations. In all instances, the definitions included in the Urban and Rural
Planning Act, 2000 and Minister's Development Regulations take precedence over any other definition
provided in Schedule 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.
ACCESSORY BUILDING means,
(i)
A detached subordinate building not used as a dwelling, located on the same lot as the
main building or use to which it is accessory, and which has a use which is customarily
incidental or complimentary to the main use of the building or land,
(ii)
for residential uses such as domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetable storage cellars, shelters for domestic pets,
or radio and television antennae,
(iii)
for commercial uses such as workshops, garages, and
(iv)
for industrial uses such as 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.
ACT unless the context indicates otherwise, means the Urban and Rural Planning Act, 2000.
ADJUDICATOR means an adjudicator appointed under section 40 of the Urban and Rural Planning Act,
2000.
APPEALS OFFICER means an employee of the department designated under subsection 40 (5) of the Urban
and Rural Planning Act, 2000.
ADVERTISEMENT means any word, letter, model, sign, placard, board, notice, device or representation,
whether illuminated or not, in the nature of and employed wholly or in part for the purposes of
advertisement, announcement or direction; excluding such things employed wholly as a memorial, or
functional advertisement of Councils, or other local authorities, public utilities and public transport
undertakers, and including any boarding or similar structure used or adapted for use for the display of
advertisements.
AGRICULTURE means an agricultural operation that is carried on for personal use, or for commercial gain and
includes,
(a)
the clearing, draining, irrigating or cultivation of land,
(b)
the raising of livestock, including poultry,
(c)
the raising of fur-bearing animals,
(d)
the raising of bees,
(e)
the production of agricultural field crops,
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(f)
the production of fruit and vegetables and other specialty horticultural crops,
(g)
the production of eggs and milk,
(h)
the operation of agricultural machinery and equipment, including irrigation,
(i)
storage, use or disposal of organic wastes (manure) for farm purposes, and
(j)
any other agricultural activity or process prescribed by Provincial regulation that is carried on
for gain or reward.
AMUSEMENT USE means the use of land or buildings equipped for the playing of electronic, mechanical, or
other games and amusements including electronic games, billiard and pool halls, paintball facilities, and
ziplines.
ANIMAL UNIT means any one of the following animals or groups of animals as specified by the Agriculture
Branch, Department of Fisheries, Forestry and Agriculture:
TYPE OF LIVESTOCK
AVERAGE WEIGHT PER
ANIMAL (Kilograms)
NUMBER OF LIVESTROCK
PER ANIMAL UNIT
Dairy Cows
545-640
1
Heifers
300
2
Veal
91
5
Bulls
545
1
Beef Cows
360
2
Sows (F to F)
454
1
Sows
150
3
Hogs
75
6
Boars
150
3
Sheep (ewe)
54
8
Sheep (lamb)
27
16
Goats
64
7
Foxes
3
150
Rabbits
2.27
200
Laying Hens
1.8
252
Broilers
0.9
500
Pullets
1.3
350
Broiler turkey
6.5
70
Heavy turkey
7.5
60
Heavy toms
12
40
ANTENNA means a system that involves the transmission or receiving of data through radio waves, air
monitoring, weather collection devices or other sources, typically forming part of a mast or tower. Small
monitoring structures are located near the base are accessory to the main use.
APARTMENT BUILDING means a building containing three or more dwelling units. A unit or units of an
apartment building may be used for supervised housing, subsidized housing or a group home.
APPLICANT means a person who has applied to Council for approval to carry out development.
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APPROVAL IN PRINCIPLE means that Council when considering a development application shall evaluate the
application to the development requirements within the Town. If the proposed development meets the
development requirements of the Town, an approval in principle maybe given to the application. An approval
in Principle outlines the specific conditions that must be met by the applicant prior to the issuance of a
Development Permit to commence development.
BUFFER means a formation of land or natural growth such as a berm, row of trees or shrubs, hedge, fence, or
distance separation that provides a barrier between incompatible sites, uses or land use districts.
BUILDING means,
(i)
a structure, erection, excavation, alteration or improvement placed on, over or under land,
or attached, anchored or moored to land; mobile structures, vehicles and marine vessels
adapted or constructed for residential, commercial, industrial and other similar uses,
(ii)
mobile structures, vehicles and marine vessels adapted or constructed for residential,
commercial, industrial and other similar uses;
(iii)
a part of and fixtures on buildings referred to in (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, in metres, from 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 ridge of a gable, hip or gambrel roof
and in any case, a Building Height shall not include mechanical structures, smokestacks,
steeples, and purely ornamental structures above a roof.
BUILDING LINE means a line established by Council that runs parallel to the street line and is set at the
closest point to a street that a building may be placed.
CAMPGROUND means a parcel of land, managed as a single entity, for the accommodation of any
combination of recreational vehicles or tents on a short term or seasonal basis including semi-permanent
accommodation such as yurts, glamping pods or similar structures, and may include accessory uses such
as administrative office, laundry and shower building, comfort station, clubhouse and recreational
facilities.
CHILD-CARE SERVICES means an activity or other arrangement that provides temporary care or supervision
of a child and is licensed in accordance with the Child-Care Act and Child-Care Regulations and includes family
day care.
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COMPREHENSIVE DEVELOPMENT means a development, approved by Council, which is designed, developed
and managed as a unit which may include an interior road network, infrastructure and utilities. A
comprehensive development is subject to conditions outlined in an approval in principle, development permit
and a development agreement. A comprehensive development may be for residential, commercial, industrial
or other purposes.
CORNER LOT means a lot deemed to have street frontages on both a primary and a flanking street.
COUNCIL means the Municipal Council of the Town of Bauline.
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, street or way,
(ii)
erection of an advertisement or sign,
(iii) construction of a building,
(iv) the 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)
the 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) the carrying out by a highway authority of works required for the maintenance or
improvement of a street, being works carried out on land within the boundaries of the
street reservation,
(vii) the carrying out by a local authority or statutory undertaker of works for the purpose of
inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus,
including the breaking open of streets or other land for that purpose, and
(viii) the use of a building or land within the courtyard of a dwelling house for a purpose
incidental to the enjoyment of a dwelling house as a dwelling.
DEVELOPMENT AGREEMENT means a written agreement between the municipality and a developer which
establishes conditions under which a development may be carried out.
DEVELOPMENT PERMIT means written permission, and to which approved plans, conditions, and
specifications may be attached. No development can proceed until a development permit has been issued
by Council.
DEVELOPMENT REGULATIONS means Regulations made under sections 34 to 38 of the Urban and Rural
Planning Act, 2000.
DISCRETIONARY USE means a use that is listed within the discretionary use classes established in the use
zone tables of these Development Regulations.
DOUBLE DWELLING means one building containing two dwelling units, placed one above the other, side by
side, or joined by a carport with separate lot areas dedicated to each unit. Each dwelling unit may include a
subsidiary apartment. A double dwelling may be a group home.
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DRAINAGE PLAN means a report, prepared by a professional engineer, based on a bio-physical assessment
of the development to determine how surface water and storm water shall be managed, controlled and
mitigated so as to not cause water runoff to adjoining land.
DWELLING UNIT means a self-contained unit consisting of one or more habitable rooms used or designed as
the living quarters for one or more persons.
ENGINEER means an engineer who is a member of the Association of Professional Engineers and
Geoscientists of Newfoundland Labrador.
ESTABLISHED GRADE means
(1)
where used in reference to a building, the average
elevation of the finished surface of the ground where
it meets the exterior of the front of that building
exclusive
of
any
artificial
embankment
or
entrenchment,
(2)
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.
FLANKING STREET means the secondary street bordering a corner lot.
FLOOD PROOFING means structural and/or non-structural measures incorporated in the design of a building
or structure which reduce or eliminate the risk of flood damage by ensuring that the ground floor elevation
is higher than the projected flood level and that the building can be exited without hindrance in the event of
a flood.
FLOOR AREA means the total area of all floors of a building measured to the outside face of exterior walls.
FORESTRY means the use of land for the purpose of forest and woodland management including the felling,
cutting, trimming, and thinning of forest or woodland for the extraction of timber, and includes reforestation
and silviculture.
FRONTAGE means the horizontal distance between side lot lines measured at the building line.
FRONT YARD DEPTH means the distance between the front lot line of a lot and the front wall of the main
building on the lot.
GARAGE means a building erected for the storage of motor vehicles as an accessory use to a main building
on the lot.
GENERAL GARAGE means land or buildings used for the repair, maintenance and storage of motor vehicles
and may include the sale of petroleum products.
GENERAL INDUSTRY means the use of land or buildings for the purpose of storing, assembling, altering,
repairing, manufacturing, fabricating, preparing, processing, testing, salvaging, breaking up, demolishing, or
treating any article, commodity or substance, and "Industry" shall be construed accordingly.
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GROUP HOME means a dwelling unit for individuals that need a supervised living environment. This definition
includes, but is not limited to, facilities called "Community Living Facility", "Group Home", "Youth Treatment
Centres" or "Transition House". A group home shall be considered a single dwelling unit and is permitted in
a single dwelling and a double dwelling.
HAZARDOUS INDUSTRY means the use of land or buildings for industrial purposes involving the use of
materials or processes, which because of their inherent characteristics constitute a special fire, explosion,
radiation or other hazard.
HOME-BASED BUSINESS means the use of part of a dwelling or an accessory building for pursuits compatible
with a domestic household and which is carried out by residents of the dwelling.
INFILL LOT means a empty lot between existing dwellings on a street.
INFORMATIONAL WAYFARING SIGN means a sign, erected by the Town, or a community group or
organization with the approval of Council, that provides direction to specific sites or information about
specific sites.
INSPECTOR means a person appointed as an inspector by Council.
LAND includes land covered by water and buildings and structures on, over, or under the soil and fixtures
that form part of those buildings and structures.
LANDSCAPING means altering the topography and ground cover of a lot and may include the use of turf,
plants, shrubs, trees, retaining walls and fences.
LIGHT INDUSTRY means the use of land or buildings for industrial use that can be carried out without hazard
or intrusion and without detriment to the amenity of the surrounding area by reason of noise, vibration,
smell, fumes, smoke, grit, soot, ash, dust, glare or appearance.
LOT means a plot, tract or parcel of land that 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 a 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.
Lot coverage = Area of A + Area of B
Lot area
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LOT FRONTAGE means the horizontal distance between
side lot lines measured at the building line (the distance
between points A and B in illustration at right). See
Frontage.
LOT LINE, REAR means the lot line on the opposite side
of the front lot line.
LOT LINE, SIDE means the lot lines perpendicular to the
front and rear lot lines.
LOT LINE, FLANKING means a lot line which abuts the
flanking street on a corner lot.
MINERAL EXPLORATION 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 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.
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 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.
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 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. Mining may include, as secondary activities, mineral exploration (development) and mineral working.
Under the Mineral Act, dimension stone (i.e., stone used for building facades, gravestones, etc.) is considered
a mineral in Newfoundland (but a quarry material in Labrador). Extraction of dimension stone within the Town
of the Bauline Municipal Planning Area is considered mining.
MINISTER shall mean the Minister of Municipal and Provincial Affairs unless otherwise specified.
MODULAR HOME means a single dwelling built in modules in a factory complete with kitchen, bedrooms,
bath and transported to the building site for joining and placement on a foundation. Modular home
construction shall conform to the National Building Code and the Town of Bauline Development Regulations.
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MUNICIPAL PLAN means a plan adopted by Council as a Municipal Plan pursuant to the Urban and Rural
Planning Act, 2000.
NON-CONFORMING USE means a legally existing use that is not listed as a permitted use or discretionary
use for the use zone in which it is located or which does not meet the development standards for that use
zone.
OWNER means a person or an organization or persons owning or having 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
these Development Regulations.
PLANNING AREA means a municipal planning area established under section 6 and 11 of the Urban and Rural
Planning Act, 2000. For the purpose and context of these regulations, the Planning Area shall mean the area
within the municipal boundaries of the Town of Bauline.
PRIMARY STREET means the street on which a development fronts and is referenced in the civic address.
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 Council specifies as not permitted within a use zone.
PUBLIC STREET means a main street or thoroughfare owned and maintained by Council or the Department
of Transportation and Infrastructure, and includes a provincial highway or Town street, available to the public
for pedestrian use or vehicular transportation.
REAR YARD DEPTH means the mean distance between the rear lot line and the rear of the main building
on the lot.
RESTAURANT means a building or part of a building, licensed for the purpose of serving meals.
ROW DWELLING means a building divided vertically into three or more separate dwelling units with each unit
having a separate entrance.
SCREENING means a fence, berm, trees, hedge, wall or building used to separate areas or functions which
detract from the appearance of the streetscape and the view from the surrounding areas.
SERVICE STATION means a building, including gas pumps, used for the sale of petroleum products, and may
include general merchandise, minor automotive repairs, and washing of vehicles.
SERVICE STREET means a street constructed parallel to or close to another street for the purpose of limiting
direct access to that street.
SHOP means a building or part thereof used for retail trade wherein the primary purpose is the selling or
offering for sale of goods, wares or merchandise by retail or the selling or offering for sale of retail services
but does not include an establishment wherein the primary purpose is the serving of meals or refreshments,
an amusement use, a general garage, or a service station.
SHOPPING CENTRE means a group of retail stores with integrated parking which is planned, developed and
designed as a unit containing a minimum of 5 retail establishments.
SHORT-TERM TOURISM ACCOMMODATION means the provision of an accommodation for compensation
to an individual or group of individuals for overnight lodging for a period not exceeding 30 days per stay with
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a license from the Department of Tourism, Culture, Arts and Recreation. Short-term tourism accommodation
shall be rented as a single unit to an individual or group.
SHOWROOM means a building or part of a building in which samples or patterns are displayed and in which
orders may be taken for goods, wares or merchandise, including vehicles and equipment, for later delivery.
SIDE YARD DEPTH means the distance between a side lot line and the nearest side wall of a building on the
lot.
SIGN means a word, letter, model, placard, board, device or representation, whether illuminated or not, in
the nature of or employed wholly or in part for the purpose of advertisement, announcement, or direction
and excludes those things employed wholly as a memorial, advertisements or local government, utilities
and boarding or similar structures used for the display of advertisements.
SINGLE DWELLING means one building containing a single dwelling unit, placed on its own lot, and can include
a subsidiary apartment. A single dwelling may accommodate boarders or be a group home.
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 the right of way of a street reservation as defined by Council having
jurisdiction.
STREET RESERVATION means an area determined by Council that is
reserved for a street and street infrastructure including sidewalk,
verge and ditching, a future street and/or future street
improvements.
STUDIO means a building or part of a building used as an artist
studio, to produce handicrafts, or for one on one or small group
lessons such as music lessons or teaching handicraft skills. A studio
may include the display and retail sales of artist supplies and
products provided that the sales are minor in nature.
SUBDIVISION means the dividing of land, whether in single or joint ownership, into 2 or more pieces for
the purpose of development.
SUBDIVISION DEVELOPMENT means a development which subdivides property into lots in accordance with
a site plan which is subject to conditions outlined in an approval in principle, development permit and a
development agreement. A subdivision development may include public streets, infrastructure, utilities and
open space. A subdivision development may be for residential, commercial, industrial or other purposes.
SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and subsidiary to a single or
double dwelling.
TAKE-OUT FOOD SERVICES means a building in which the primary purpose is the preparation and sale of
meals and refreshments for consumption off the premises.
URBAN AGRICULTURE means an agricultural operation which does not involve intensive livestock structures
or uses, land intensive uses such as sod farming or forage production, or agricultural uses which involve the
spreading of manure over large areas.
USE means a building or activity situated on a lot or a development permitted on a lot.
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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 Council's
regulations.
WATER RESERVATION means a distance 15 metres from the high-water mark of a lake, pond, river, or
seashore or foreshore, restricted from development and forming an easement for public access and
movement as required by the Lands Act, 1991.
YARD means an open uncovered space on a lot appurtenant to a building (except a court) and unoccupied by
buildings or structures except as specifically permitted elsewhere in these Regulations.
YARD, REAR means the distance between the rear lot line and the rear wall of the main building on a lot. See
Rear Yard Depth.
YARD, SIDE means the distance between the side lot line and the nearest side wall of a building on the lot.
See Side Yard Depth.
YARD, FRONT means the distance between the front lot line of a lot and the front wall of the main building
on the lot.
YARD, FLANKING means the side yard of a corner lot which side yard extends from the front yard to the rear
yard between the flanking lot line along the flanking street and the nearest main wall of any main building or
structure.
YARD, ABUTTING means the yard of an abutting lot which shares a lot line of subject property.
ZONING MAP means the map or maps attached to and forming part of the Town of Bauline Development
Regulations.
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SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
ASSEMBLY USES
Theatre
Movie theatre, performing arts
centre, amphitheater, auditorium
ASSEMBLY USES
Cultural and Civic
Library, museum, art gallery,
courthouse, meeting rooms, town hall
ASSEMBLY USES
General Assembly
Community hall, community centre,
lodge halls, dance halls, private clubs
ASSEMBLY USES
Educational
Schools, colleges, training facilities
ASSEMBLY USES
Place of Worship
Church, chapel, temple, church hall,
synagogue, convent, seminary,
monastery, rectory, parish house
ASSEMBLY USES
Passenger Assembly
Bus station, boat tours
ASSEMBLY USES
Catering
Restaurant, coffee shop, food
establishment, bakery, bar, lounge
ASSEMBLY USES
Micro-Brewery
Brew pub, micro-brewery, micro-
distillery
ASSEMBLY USES
Funeral Home
Funeral home, chapel, crematorium
ASSEMBLY USES
Child-care Service
Child-care centre, nursery school, pre-
school, family day care
ASSEMBLY USES
Amusement
Video arcade, escape room, paint ball
venue, zip line
ASSEMBLY USES
Indoor Assembly
Arena, skating rink, indoor swimming
pool, gymnasium, bowling alley,
fitness centre, dance school, karate
school
ASSEMBLY USES
Outdoor Assembly
Outdoor concert venue, outdoor ice
rink, outdoor swimming pool,
amusement park, fairground
ASSEMBLY USES
Tourism Cabins
Tourism cottage establishments
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SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS ... cont'd
GROUP
CLASS
EXAMPLES
INSTITUTIONAL USES
Penal and Correctional
Detention
Jail, penitentiary, youth centre
INSTITUTIONAL USES
Medical Treatment and
Special Care
Long term care facility, personal care
home, hospital, health care centre,
protective care community residence,
shelter
RESIDENTIAL USES
Single Dwelling
Single detached dwelling, group home
RESIDENTIAL USES
Double Dwelling
Semi-detached dwellings, duplex
dwellings, group home
RESIDENTIAL USES
Row Dwelling
Row houses, town houses, connected
seniors independent living dwelling
units, supervised housing
RESIDENTIAL USES
Apartment Building
Apartments, condominium building,
seniors independent living
apartments, four-plex, supervised
housing, group home
RESIDENTIAL USES
Commercial Residential
Hotel, motel, hostels, inn
RESIDENTIAL USES
Short-Term Tourism
Accommodation
Airbnb, bed and breakfast
RESIDENTIAL USES
Tourism Cabins
Multi-cabin park, cabin complex
BUSINESS and PERSONAL
SERVICE USES
Office
Offices (including Government
Offices), banks, travel agents,
insurance brokers, legal offices
BUSINESS AND PERSONAL
SERVICE USES
Medical and Professional
Medical clinic, dental office,
physiotherapy office, family resource
centre, denturist
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SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS ... cont'd
GROUP
CLASS
EXAMPLES
BUSINESS AND PERSONAL
SERVICE USES
Personal Service
Hair salon, household repairs and
services, pet grooming, nail salon
BUSINESS AND PERSONAL
SERVICE USES
General Service
Laundromat, dry cleaners, tool rental,
medical equipment supply and rental
BUSINESS AND PERSONAL
SERVICE USES
Studio
Artist studio, handicrafts, music
lessons, handicraft lessons
BUSINESS AND PERSONAL
SERVICE USES
Media
Film studio, music studio, recording or
sound studio, editing suite
BUSINESS AND PERSONAL
SERVICE USES
Fire Station
Fire Station
BUSINESS AND PERSONAL
SERVICE USES
Police Station
Police Station
BUSINESS AND PERSONAL
SERVICE USES
Taxi Stand
Taxi Stands
BUSINESS AND PERSONAL
SERVICE USES
Take-out Food Service
Take-out food service, food truck
BUSINESS AND PERSONAL
SERVICE USES
Veterinary
Veterinary surgeries, animal day care
facilities, animal rescue, animal
pounds
MERCANTILE USES
Shopping Centre
Shopping centre
MERCANTILE USES
Shop
Retail shop, store, showroom,
drugstore, bakery
MERCANTILE USES
Indoor Market
Indoor farm market, garden centre
with greenhouses, nursery
MERCANTILE USES
Outdoor Market
Outdoor flea market, outdoor farm
market, vegetable and fruit stands,
fish stalls, sale of firewood, sale of
new or used automobiles, sale of
recreational trailers
MERCANTILE USES
Automotive
Car dealership, car sales, RV sales,
ATV and snowmobile sales
Bauline Development Regulations
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SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS ... cont'd
GROUP
CLASS
EXAMPLES
MERCANTILE USES
Convenience Store
Confectionary store, corner store, gift
shop, craft shop, bakery
INDUSTRIAL USES
Hazardous Industry
Bulk storage of hazardous liquids and
substances, chemical plants, feed
mills, lacquer, mattress, paint, varnish,
and rubber factories, fibreglass and
spray painting
INDUSTRIAL USES
General Industry
Factory, cold storage plant, freight
depot, general garages, warehouse,
workshop, saw-mill, printing plants,
contractors' yards, outdoor storage,
heavy equipment storage
INDUSTRIAL USES
Service Station
Gas station, garage, gas bar
INDUSTRIAL USES
Light Industry
Light industry, indoor storage,
workshop, storage units
INDUSTRIAL USES
Mining
Mine, extraction of dimension stone
INDUSTRIAL USES
Mineral Working
Quarry, pit, processing of quarry
materials, concrete plant, asphalt
plant, soil production, soil reclamation
INDUSTRIAL USES
Mineral Exploration
(Development)
Drilling, trenching, base camp,
exploration activities causing ground
disturbance
INDUSTRIAL USES
Petroleum Exploration
(Development)
Drilling, trenching, base camp, drill rig,
access roads, exploration activities
causing ground disturbance
INDUSTRIAL USES
Petroleum Extraction
Oil rig, oil platform, well head, mud
pump, mud tanks, storage tanks,
camp, access roads
NON-BUILDING USES
Agriculture
Commercial farm, livestock farm,
forage production
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GROUP
CLASS
EXAMPLES
NON-BUILDING USES
Urban Agriculture
Hobby farm, community garden,
home garden, chicken coop, horse
barn
NON-BUILDING USES
Forestry
Tree nurseries, silviculture, domestic
and commercial wood harvesting
NON-BUILDING USES
Recreational Open Space
Park, playground, trail, soccer field,
baseball diamond, basketball court,
tennis court, splash pad, golf course
NON-BUILDING USES
Conservation
Historical and scenic sites, rest area,
wildlife sanctuary, interpretive walks,
scenic look-out
NON-BUILDING USES
Cemetery
Cemeteries, graveyards, pet
cemeteries
NON-BUILDING USES
Scrap Yard
Car Wrecking Yard, Junk Yards, Scrap
Dealers
NON-BUILDING USES
Utilities
Wind turbines, windmills, solar
generation plant, transmission lines,
sub-station
NON-BUILDING USES
Solid Waste
Solid Waste Disposal, Sanitary Land
Fill, Incinerators
NON-BUILDING USES
Animal
Kennel, zoo, petting zoo, horse riding
stable
NON-BUILDING USES
Antenna
TV, radio and media mast, cell tower,
antenna
NON-BUILDING USES
Transportation
Airfield, dock, wharf, slipway,
breakwater, boat house, fishing shed
NON-BUILDING USES
Marine Storage
Fishing boats, fishing equipment,
marine equipment, harbour
administration
NON-BUILDING USES
Marine Recreation and
Eco-Tourism
Marine recreation, boat tours, scuba
diving tours, walk tours, foraging
tours, tourism venues
Bauline Development Regulations
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TOWN OF BAULINE
SCHEDULE C - STANDARD CONDITIONS FOR ALL USE ZONES
The following conditions shall apply to all use zones listed under these Development Regulations.
1.
General Development Regulations
An approval in principle or a development permit shall not be issued until the development
application has been reviewed for compliance with the General Development Regulations, Parts I-
V.
2.
Discretionary Uses
The discretionary uses listed in the use zone tables may be permitted at the discretion of Council if
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 uses within the permitted use class. In
accordance with Regulation 27 and 104, Council must advertise an application for a discretionary
use and must consider any written submissions before making a decision to approve, approve with
conditions or refuse the application.
3.
Referral to Federal and Provincial Departments
Prior to the issuance of a Development Permit for the foregoing developments, approvals must be
obtained from the agencies noted below in addition to any approvals identified in Part III - General
Development Standards.
Commercial Farm
Agriculture Branch, Department of Fisheries,
Forestry and Agriculture
Manure System
Government Service Centre, Department of
Digital Government and Service NL
On-Site Services
Government Service Centre, Department of
Digital Government and Service NL
Undertakings identified Part III of the
Environmental Assessment Regulations, 2003
Environmental
Assessment
Division,
Department of Environment and Climate
Change
Development which may release an air
contaminant
Pollution Control Division, Department of
Environment and Climate Change
Storage and Handling of Gasoline and
Associated Products
Pollution Control Division, Department of
Environment and Climate Change
Bauline Development Regulations
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Waste Disposal
Waste Management Division, Department of
Environment and Climate Change
Long-Term Care Facilities, Personal Care
Homes,
Protective
Care
Community
Residences
NL Heath Services and Department of Digital
Government and Service NL
Where mineral extraction occurs in association
with a permitted development
Quarry Materials Section, Mineral Lands
Division, Department of Industry, Energy and
Technology
4.
Water Resources Permits
A permit from the Water Resources Management Division, Department of Environment and Climate
Change is required before Council shall issue a development permit for the following uses,
(a)
Development within the #1 Brook Path Well Head Buffer shown on the Land use Zoning Map,
(b)
Development within the Protected Water Supply Zone for North Three Island Pond Protected
Public Water Supply Area and water supply area associated with the Brook Path Well Head,
(c)
Development within Shore Water Zones,
(d)
Infilling within 15 metres of a body of water including a wetland,
(e)
Sewer and water main installation, and
(f)
Non-domestic water use.
5.
Growth Management
(a)
Council shall ensure that development occurs in an orderly manner.
(b)
Council may require connections and access with adjacent undeveloped land to protect
future development opportunities.
(c)
No property shall be retained by a developer or owner to prevent future development of
adjoining lands.
6.
Climate Change
Council shall consider the potential risks resulting from more frequent and extreme weather events,
such as flooding, sea surges, coastal erosion and sea level rise, resulting from climate change when
evaluating applications.
7.
Land Use Zones
Schedule C contains tables for the following Use Zones.
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Land Use Zone
Abbreviation
Page
Residential Infill
RI
61
Community Core
CC
67
Industrial Commercial
IC
72
Open Space Recreation
OSR
75
Open Space Conservation
OSC
76
Protected Water Supply
PWS
77
Restricted
R
80
Rural
RUR
81
Bauline Development Regulations
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USE ZONE TABLE
ZONE TITLE - RESIDENTIAL INFILL (RI)
PERMITTED USE CLASSES - (see Regulation 103)
Single dwelling, double dwelling, row dwelling (condition 6), apartment building (condition 6), short-
term tourism accommodation (condition 9), child-care services (condition 11), convenience store
(condition 8), studio (condition 8), medical treatment and special care (condition 7), home-based
business (condition 10), urban agriculture (Regulation 67), recreational open space, uses permitted in
all zones (Regulation 68 (a) and (b)), streets, services and public utilities (Regulation 62)
DISCRETIONARY USE CLASSES - (see Regulations 27 and 104)
discretionary uses in all zones (Regulation 68 (c))
STANDARDS
Single
Dwelling
Double
Dwelling
Row
Dwelling
Apartment Building
Lot area (m²) minimum
1860
1400
As
approved
by GSC
As approved by GSC
Frontage
30
23
15*
30
Flanking Lot Side Yard Width
8
8
8
15
Building Line Setback (m)
(min)
10
10
10
10
Building Line Setback (m)
(maximum)
32
32
32
32
Side yard Width (m)(min.)
Major and Minor
3
3
3
3
Rear yard Depth (m)(min.)
9
9
9
9
Height (max.)
10
10
15
15
(See Conditions)
* Per dwelling unit and subject to Government Service Centre approval
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CONDITIONS FOR RESIDENTIAL INFILL (RI) ZONE
1.
Unserviced Infill Lot
In cases of existing infill lots, lot area and frontage shall be determined based on land capacity to
accommodate an on-site well and septic system as specified by the Government Service Centre,
Department of Digital Government and Service NL.
2.
Row Dwelling and Apartment Building
In the case of a row dwelling and apartment buildings, lot area shall be as specified by the
Government Service Centre, Department of Digital Government and Service NL. The lot area shall
be sufficient to accommodate an on-site well and septic system suitable for the number of dwelling
units. The design and installation shall be approved by the Government Service Centre, Department
of Digital Government and Service NL.
3.
Public Street
All development shall front onto a public street except for antenna and recreational open space.
Recreational open space uses shall be accessible by a service road or driveway built to Council
standards and shall provide safe pedestrian access.
4.
Accessory Buildings
(a) Accessory buildings in the Residential Infill zone shall have a combined maximum lot
coverage not exceeding 7 percent, up to a maximum floor area of 80 square metres,
whichever is less.
(b) Accessory buildings shall be located a minimum of 3 metres from the nearest part of the
main building and a minimum of 1 metre from the side and rear lot lines.
(c) Where a proposed accessory building exceeds the maximum lot coverage or maximum
floor area in (a), Council may exercise its discretion to taking into consideration lot size
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and placement of the proposed accessory building so not to negatively affect adjacent
residential uses.
(d) In the case of a backlot development, Council shall exercise its discretion when considering
an accessory building projecting in front of the main building.
5.
Backlot Development
Where vacant land existing which does not have sufficient width to meet frontage requirements,
Council may permit only a single dwelling on a backlot subject to the following requirements:
(a)
On-site well and septic system must be approved by the Government Service Centre,
Department of Digital Government and Service NL.
(b)
The development of the backlot shall not prejudice the use and future development of
adjacent land.
(c)
Where there is no potential for future development, the access to the public street shall be
a minimum of 6 metres in width and shall be treated as a provided driveway. The owner
must provide the Town will proof of title for the access.
(d)
Where there is potential for additional development of adjacent lands, the backlot and access
shall be developed in a manner which will accommodate future development. The access to
the public street shall be a minimum width of 15 metres. The owner must provide the Town
with proof of title to the 15 metre wide access.
(e)
The development of the backlot shall not reduce the frontage, area, or setbacks of a legally
existing lot.
(f)
A backlot shall front onto, and have direct access to, a publicly maintained road.
(g)
The access and driveway shall not be shared with any other use.
(h)
The maximum setback for the front or side lot line (depending upon orientation) shall be a
minimum of 32 metres and maximum of 100 metres from the road reservation of a public
street.
(i)
The single dwelling shall be placed and oriented in a manner that does not adversely affect
the privacy experienced by the residents of adjoining dwellings. Council may establish
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separation distances as a condition of development taking into consideration slope, drainage,
tree cover and soil conditions.
6.
Row Dwelling and Apartment Building
(a)
The building shall be compatible in appearance, scale and siting with the surrounding area
and adjacent residential uses.
(b)
Parking for residents shall be provided in accordance with Schedule D.
(c)
The development shall be fulling landscaped.
(d)
Approval from the Department of Digital Government and Service NL for on-site sewerage
disposal and well shall be provided to the Town prior to the issuance of a permit.
7.
Medical Treatment and Special Care
(a) Medical treatment and special care facility shall be designed and maintained to a high
standard with respect to safety and appearance.
(b) Council may require screening through the provision of trees, shrubs, berms, landscaping or
fencing between a medical treatment and special care facility and adjacent residential uses.
(c)
A medical treatment and special care use shall be located on a lot that shall conform to the
frontage, building line setback, side yard, rear yard and lot coverage requirements specified
for an apartment building.
(d) Parking for staff, visitors and residents shall be provided in accordance with Schedule D.
(e) The site shall be fully landscaped to the satisfaction of Council.
8.
Convenience Store and Studio
A convenience store and studio may be permitted provided that:
(a)
it meets the frontage, lot area, building line, flanking side yard, side yard, height, and lot
coverage requirements for a single dwelling,
(b)
it does not distract from the residential character of the surrounding area,
A studio may include retail space in the form of a gallery or shop.
9.
Short-Term Tourism Accommodation
(a)
Short-term tourism accommodation shall meet the frontage, lot area, building line, flanking
side yard, side yard, height and lot coverage requirements specified for a single dwelling or
be located in an existing building.
(b) The building shall be compatible with the surrounding residential area in terms of exterior
appearance and design, landscaping, scale and density.
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(c) Outdoor amenities such as hot tubs, fire pits and other recreational amenities shall be placed
so to minimize impact on adjacent residential uses from noise, lighting, litter, odour, smoke
and any other potential negative effects.
(c) Council may require screening through the provision of trees, shrubs, berms, landscaping or
fencing between the short-term tourism accommodation use and adjacent residential uses.
(d)
Council may require additional parking to accommodate on-site parking associated with the
short-term tourism accommodation.
(e)
Only one sign shall be permitted. The maximum area of a sign for a short-term tourism
accommodation shall be one square metre.
10.
Home-Based Business
Council shall allow a home-based business, accessory to a dwelling unit, consisting of the following
uses
(a)
medical and professional,
(b)
personal services,
(c)
offices,
(d)
studio,
(e)
child-care services, and
(f)
light industry.
A home-based business shall be operated in a dwelling, or in an accessory building on the same lot,
by the occupants of the dwelling and shall meet the following requirements:
(a)
The use is clearly subsidiary to the residential use, does not alter the residential character of
the dwelling unit, and does not detract from the residential character of the neighbourhood.
(b)
No wholesale sales or storage of goods is carried out, any retail sales are incidental and
subsidiary to the approved use.
(c)
No repairs to vehicles or heavy equipment shall be carried out.
(d)
Activities associated with the use are not hazardous and do not cause noticeable noise,
odour, dust, fumes, or inconvenience to occupants of adjoining residences.
(e)
Activities associated with the use shall be carried on inside the dwelling or in a building
separate from the dwelling.
(f)
One building only, separate from the dwelling, may be used in connection with a light
industrial use and service use and shall conform to the Accessory Buildings height and floor
area limit.
(g)
No more than 30% of the total floor area of the dwelling is devoted to the use.
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(h)
The use shall not generate traffic, parking, sewage, or water use in excess of what is normal
in the residential area.
(i)
The residential lot has sufficient area to accommodate the parking requirements of the
dwelling unit and the home-based business.
(j)
No regular parking of commercial vehicles except for one vehicle with a gross weight of no
greater than one tonne shall be permitted on the lot or on the street reservation adjacent to
the lot.
(k)
Only one sign shall be permitted for each residential lot. The maximum area of a sign for a
home-based business shall be one square metre.
11.
Child-Care Services
Child-care services shall be subject to the following:
(a)
Licensed by the Department of Education or approved by a licensed child-care agency,
(b)
Provision for off-street parking in accordance with the off-street parking requirements in
Schedule D of these Development Regulations; and
(c)
Any conditions that may be imposed by the Council to ensure that the child-care service is
compatible with the surrounding area.
12.
Advertisements
(a)
No portable signs shall be permitted in the Residential Infill zone.
(b)
All signs shall be located on the lot where the business, service, industry, or other activity is
located.
(c)
No sign shall exceed 7.5 square metres.
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USE ZONE TABLE
ZONE TITLE - COMMUNITY CORE (CC)
PERMITTED USE CLASSES - (see Regulation 103)
Single dwelling, double dwelling, cultural and civic, place of worship, lodge, child-care services, studio,
short-term tourism accommodation (condition 10), catering, fishing, light industry, transportation,
marine storage, marine recreation and eco-tourism, cemetery, shop, convenience store, home-based
business (condition 11), urban agriculture (Regulation 67), and uses permitted in all zones (Regulation 68
(a) and (b)), and street, services and utilities (Regulation 62)
DISCRETIONARY USE CLASSES - (see Regulations 27 and 104)
Take-out food services, and discretionary uses in all zones (Regulation 68 (c))
CONDITIONS FOR COMMUNITY CORE (CC) ZONE
1.
Development Standards
The development standards for the C shall be as follows:
a) Minimum Building Line Setback
8 metres
b) Minimum Side yards
5 metres
c) Minimum Rear yard
10 metres
d) Maximum Height
10 metres
2.
Residential Development
Residential development shall conform to the standards of the Residential Infill (RI) Land Use Zone.
3.
Unserviced Infill Lot
In cases of existing infill lots, lot area and frontage shall be determined based on land capacity to
accommodate an on-site well and septic system as specified by the Government Service Centre,
Department of Digital Government and Service NL.
4.
Accessory Buildings
(a) Accessory buildings in the Community Core zone shall have a combined maximum lot
coverage not exceeding 7 percent, up to a maximum floor area of 80 square metres,
whichever is less.
(b) Accessory buildings shall be located a minimum of 3 metres from the nearest part of the
main building and a minimum of 1 metre from the side and rear lot line.
(c) Where a proposed accessory building exceeds the maximum lot coverage or maximum
floor area in (a), Council may exercise its discretion to taking into consideration lot size
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and placement of the proposed accessory building so not to negatively affect adjacent
residential uses.
(d)
Accessory buildings must use the cladding, trim and windows that compliment the style
of the main building.
5.
Backlot Development
Where vacant land existing which does not have sufficient width to meet frontage requirements,
Council may permit only a single dwelling on a backlot subject to the following requirements:
(a)
On-site well and septic system must be approved by the Government Service Centre,
Department of Digital Government and Service NL.
(b)
The development of the backlot shall not prejudice the use and future development of
adjacent land.
(c)
Where there is no potential for future development, the access to the public street shall be
a minimum of 6 metres in width and shall be treated as a provided driveway. The owner
must provide the Town will proof of title for the access.
(d)
Where there is potential for additional development of adjacent lands, the backlot and access
shall be developed in a manner which will accommodate future development. The access to
the public street shall be a minimum width of 15 metres. The owner must provide the Town
with proof of title to the 15 metre wide access.
(e)
The development of the backlot shall not reduce the frontage, area, or setbacks of a legally
existing lot.
(f)
A backlot shall front onto, and have direct access to, a publicly maintained road.
(g)
The access and driveway shall not be shared with any other use.
(h)
The maximum setback for the front or side lot line (depending upon orientation) shall be a
minimum of 32 metres and maximum of 100 metres from the road reservation of a public
street.
(i)
The single dwelling shall be placed and oriented in a manner that does not adversely affect
the privacy experienced by the residents of adjoining dwellings. Council may establish
separation distances as a condition of development taking into consideration slope, drainage,
tree cover and soil conditions.
6.
Public Street
All development shall front onto a public street with the exception of antenna, and recreational
open space. Recreational open space uses and trailheads shall be accessed by service road or
driveway built to Council standards. Safe pedestrian access shall be provided.
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7.
Compatibility
Council shall review development applications in the Community Core to ensure that:
(a) The traditional community form is maintained,
(b) The appearance, design, scale, siting, and use of new buildings reflect the character of the
area,
(c) The expansion, re-use, renovation of existing buildings reflects the character of the area and
are compatible with surrounding buildings with respect to appearance, scale and siting,
(d) The visual landscape of Bauline Harbour is respected,
(e) Scenic views, public right of ways, and historic uses are protected, and
(f) East Coast Trail, community trails and public right of ways are protected.
8.
Residential Buffer
Where a non-residential use abuts a residential use, Council may require a screen or barrier such as
a fence, landscaped embankment, or trees to be erected on the non-residential site along the lot
lines, consistent with the visibility requirements for traffic safety. Alternatively, Council may
increase the side yard and rear yard requirements on the non-residential site to provide additional
separation from the abutting residential use.
9.
Outdoor Storage
Outdoor storage shall not be permitted in front of a building. Open storage may be permitted in
side yards and rear yards. Council may require fencing or other forms of screening to prevent an
unsightly appearance.
10.
Short-Term Tourism Accommodation
(a)
Short-term tourism accommodation shall meet the frontage, lot area, building line, flanking
side yard, side yard, height and lot coverage requirements specified for a single dwelling or
be located in an existing single dwelling.
(b) The building shall be compatible with the surrounding residential area in terms of exterior
appearance and design, landscaping, scale, and density.
(c) Outdoor amenities such as hot tubs, fire pits and recreational amenities shall be placed so to
minimize impact on adjacent residential uses from noise, lighting, litter, odour, smoke, and
any other potential negative effects.
(d)
Council may require screening through the provision of trees, shrubs, berms, landscaping or
fencing between the short-term tourism accommodation use and adjacent residential uses.
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(e)
Council may require additional parking to accommodate on-site parking associated with the
short-term tourism accommodation. For bed and breakfast operations, one parking place
shall be provided for each rental bedroom in addition to the two parking spaces required for
the dwelling unit.
(f)
Only one sign shall be permitted. The maximum area of a sign for a short-term tourism
accommodation shall be one square metre.
11.
Home-Based Business
Council shall allow a home-based business, accessory to a dwelling unit, consisting of the following
uses:
(a)
medical and professional,
(b)
personal services,
(c)
offices,
(d)
studio, and
(e)
child-care services.
A home-based business shall be operated in a dwelling, or in an accessory building on the same lot,
by the occupants of the dwelling and shall meet the following requirements:
(a)
The use is clearly subsidiary to the residential use, does not alter the residential character of
the dwelling unit, and does not detract from the residential character of the neighbourhood.
(b)
No wholesale sales or storage of goods is carried out, any retail sales are incidental and
subsidiary to the approved use.
(c)
No repairs to vehicles or heavy equipment shall be carried out.
(d)
Activities associated with the use are not hazardous and do not cause noticeable noise,
odour, dust, fumes, or inconvenience to occupants of adjoining residences.
(e)
Activities associated with the use shall be carried on inside the dwelling or in a building
separate from the dwelling.
(f)
One building only, separate from the dwelling, may be used in connection with a light
industrial use and service use and shall conform to the Accessory Buildings height and floor
area limit.
(g)
No more than 30% of the total floor area of the dwelling is devoted to the use.
(h)
The use shall not generate traffic, parking, sewage or water use in excess of what is normal
in the residential area.
(i)
The residential lot has sufficient area to accommodate the parking requirements of the
dwelling unit and the home-based business.
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(j)
No regular parking of commercial vehicles except for one vehicle with a gross weight of no
greater than one tonne shall be permitted on the lot or on the street reservation adjacent to
the lot.
(k)
Only one sign shall be permitted for each residential lot. The maximum area of a sign for a
home-based business shall be one square metre.
12.
Shop
Shop shall be restricted to small-scale retail in the form of shops, stores, pharmacies and bakeries
but shall not include showrooms.
13.
Take-Out Food Services
(a)
Take-out food services may be permitted at the discretion of Council.
(b)
Consideration shall be given to location, parking, access, garbage collection, and amenities
and Council may impose conditions to minimize impacts on the surrounding area.
(c)
Council may issue a temporary permit.
14.
Advertisements
(a)
Only one portable sign shall be permitted on the same lot as the business, service, industry,
or other use is located. The placement of the portable sign shall not interfere with pedestrian
or vehicular traffic.
(b)
All signs shall be located on the lot where the business, service, industry, or other activity is
located.
(c)
No ground sign shall exceed 5 square metres.
(d)
Off-site directional signs are subject to approval by the Government Service Centre,
Department of Digital Government and Service NL and must comply with the requirements
of the Highway Sign Regulations, 1999. Off-site directional signs are only permitted for uses
associated with tourism premises or tourism accommodation or services.
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USE ZONE TABLE
ZONE TITLE - INDUSTRIAL COMMERCIAL (IC)
PERMITTED USE CLASSES - (see Regulation 103)
Automotive, shop, indoor market, general assembly, funeral home, place of worship, child-care services,
office, indoor assembly, outdoor assembly, animal, veterinary, educational, general industry (condition 8),
light industry (condition 9), recreational open space (condition 7), uses permitted in all zones (Regulation
68 (a) and (b)), and streets, services and utilities (Regulation 62)
DISCRETIONARY USE CLASSES - (see Regulations 27 and 104)
Discretionary uses in all zones (Regulation 68 (c))
CONDITIONS FOR INDUSTRIAL COMMERCIAL (IC) ZONE
1.
Development Standards
The development standards for this zone shall be as follows,
a) Minimum Building Line Setback
10 metres
b) Minimum Side yards
5 metres
c) Minimum Rear yard
15 metres
d) Maximum Height
14 metres
2.
Public Street
All development shall front onto a public street with the exception of antenna and recreational
open space.
3.
Effect on Surrounding Area
Any development shall be acceptable within the context of the surrounding areas and shall not
create an unacceptable level of noise, traffic, fumes, dust, or other pollution or otherwise create a
nuisance, hazard or eyesore, especially with respect to existing or potential residential
development.
4.
Landscaping and Screening
(a)
Council may require a natural or structural barrier which shall be maintained by the owner
or occupier of the site. Such a buffer shall be made up of hedges, trees, shrubs, earthen
berms or structural barriers such as retaining walls or fences. The buffer shall be sufficient
to mitigate noise, fumes, dust, or other pollution and any visual unpleasantness.
(b)
Where the proposed development includes a building, the lot shall be landscaped. The
surface of the lot shall be finished with a stable surface such as grass, pavement, or gravel to
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ensure that dusty or muddy surface conditions are not created.
(c)
Refuse containers used for the collection or storage or waste shall be positioned to have
minimal visual impact from the street, shall be screened by a fence or similar structure and
shall not be placed in the front yard.
5.
Accessory Buildings
(a)
Council may establish the maximum lot coverage, maximum floor area, separation distances
and setbacks for accessory buildings in the Industrial Commercial zone based on lot
dimensions and business characteristics.
(b)
An accessory building shall not exceed the dimensions and floor area of the main building
on the lot.
(c)
An accessory building shall not be located in front of the main building on the lot.
6.
Outdoor Storage
Outdoor storage of materials, goods and machinery shall meet the following conditions,
(a)
Where outdoor storage is not the primary use of land, storage areas shall not be located
in the front yard.
(b)
Where storage areas are not screened from general view by vegetation or topography, a
storage area may be required to be enclosed by an opaque wall or fence not less than 2
metres in height constructed of uniform materials and approved by Council.
(c)
Storage of vehicles or other machinery or equipment, except transport vehicles which may
be parked in the open provided their parking area is landscaped and suitably located, shall
be prohibited in areas where there is no screening or fencing.
(d)
Buffer areas shall not be used as storage areas.
(e)
All uses and structures used for the storage of bulk storage of flammable substances shall
conform to the requirements of the Provincial Fire Commissioner and shall be placed and
protected so to prevent damage to adjacent properties by fire, explosion, or spills of
flammable substances.
7.
Recreational Open Space
Recreational open space uses requiring large sites to accommodate active recreation facilities,
associated amenities such as change rooms and bleachers, and parking shall be permitted. If the
recreational open space use does not front onto a public street, Council shall ensure that it is
accessible by a service road or driveway constructed to Town standards. Safe pedestrian access
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shall be provided.
8.
General Industry
General industry uses are permitted provided they operate without hazard or intrusion and without
detriment to the surrounding area by reason of noise, vibration, smell, and fumes.
9.
Light Industry
Light industry uses are permitted provided they are not hazardous and do not create any negative
impacts on adjoining properties.
10.
Advertisements
(a)
Only one portable sign shall be permitted on the same lot as the business, service, industry,
or other use is located. The placement of the portable sign shall not interfere with pedestrian
or vehicular traffic.
(b)
No ground sign shall exceed 7.5 square metres.
(c)
Off-site directional signs are subject to approval by the Government Service Centre,
Department of Digital Government and Service NL and must comply with the requirements
of the Highway Sign Regulations. Off-site directional signs are only permitted for uses
associated with tourism premises or tourism accommodation or services.
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USE ZONE TABLE
ZONE TITLE - OPEN SPACE RECREATION (OSR)
PERMITTED USE CLASSES - (see Regulation 103)
Cultural and civic, general assembly, indoor assembly, outdoor assembly, recreation open space, uses
permitted in all zones (Regulation 68 (a) and (b)), and streets, services, and utilities (Regulation 62)
DISCRETIONARY USE CLASSES - (see Regulations 27 and 104)
Catering (condition 3), take-out food service (condition 3), and discretionary uses in all zones (Regulation
68 (c))
CONDITIONS FOR OPEN SPACE RECREATION (OSR) ZONE
1.
Development Standards
The development standards for this zone shall be determined by Council, taking into consideration
adjacent land uses.
2.
Public Street
All development shall front onto a public street except for antenna, recreational open space and
trails. Recreation open space uses and trailheads shall be accessed by service road or driveway built
to Council standards. Safe pedestrian access shall be provided to recreational open space and
trailheads.
3.
Catering and Take-Out Food Services
(a)
Catering and take-out food services may be permitted as an accessory use only.
(b)
Catering and take-out food services shall only be permitted as a temporary use.
4.
Accessory Building
An accessory building may be permitted in association with recreational open space and cemetery
shall have a maximum floor area of no more than 20 square metres. Accessory buildings shall be
located a minimum of 3 metres from the nearest part of the main building, if applicable, and a
minimum of 1 metre from a side and rear lot line and a maximum height of an accessory building
shall be 4 metres.
5.
Advertisements
(a)
Only one portable sign shall be permitted. The placement of the portable sign shall not
interfere with pedestrian or vehicular traffic.
(b)
No ground sign shall exceed 5 square metres.
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USE ZONE TABLE
ZONE TITLE - OPEN SPACE CONSERVATION (OSC)
PERMITTED USE CLASSES - (see Regulation 103)
Agriculture, forestry, cemetery, uses permitted in all zones (Regulation 68 (a) and (b)), and streets,
services, and utilities (Regulation 62)
DISCRETIONARY USE CLASSES - (see Regulations 27 and 104)
Discretionary uses in all zones (Regulation 68 (c))
CONDITIONS FOR OPEN SPACE CONSERVATION (OSC) ZONE
1.
Development Standards
The development standards for this zone shall be determined by Council, taking into consideration
adjacent land uses.
2.
Public Street
All development shall front onto a public street except for antenna and cemetery. If a cemetery
does not front onto a public street, access shall be provided by a service road or driveway built to
Council standards.
3.
Accessory Building
An accessory building may be permitted in association with a permitted use and shall have a
maximum floor area of no more than 20 square metres.
4.
Agriculture
Agriculture shall only be permitted on agricultural leases and grants issued by Crown Lands,
Department of Fisheries, Forestry and Agriculture before these Development Regulations came into
legal effect.
5.
Forestry
Forestry shall be restricted to domestic cutting within the Domestic Cutting Area overlay.
6.
Advertisements
(a)
Only signs advertising community or environmental initiatives shall be permitted in the Open
Space Conservation (OSC).
(b)
No sign shall exceed 5 square metres except with the approval of Council.
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USE ZONE TABLE
ZONE TITLE - PROTECTED WATER SUPPLY (PWS)
PERMITTED USE CLASSES - (see Regulation 124)
Existing uses, uses permitted in all zones (Regulation 68 (a) and (b)) and streets, services, and utilities
(Regulation 62)
DISCRETIONARY U+SE CLASSES - (see Regulations 27 and 125)
Agriculture, forestry, and discretionary uses permitted in all zones (Regulation 68 (c))
CONDITIONS FOR PROTECTED WATER SUPPLY (PWS) ZONE
4.
Water Resources Management Division Approval
All development applications within the Public Water Supply zone in the #1 Brook Path Wellhead
Buffer and surrounding water supply area, and North Three Island Pond Protected Public Water
Supply Area for Pouch Cove shall be referred to the Water Resources Management Division,
Department of Environment and Climate Change. All development within #1 Brook Path Wellhead
Buffer and surrounding water supply area and the North Three Island Pond Protected Public Water
Supply Area must receive a permit from Water Resources Management Division, Department of
Environment and Climate Change before Council can issue a development permit.
All development in this zone shall conform to Department of Environment and Climate Change
Policy Directive W.R. 95-01 - Policy for Land and Water Related Developments in Protected Public
Water
Supply
Areas
-
Environment
and
Climate
Change
(gov.nl.ca)
(https,//www.gov.nl.ca/ecc/waterres/regulations/policies/water-related/)
2.
Activities Not Permitted in Designated Watershed Area
The following activities shall not be permitted in the Protected Water Supply zone:
(a)
Placing, depositing, or discharging into a body of water sewage, refuse, chemicals,
municipal and industrial waste, or any other material which may impair water quality.
(b)
Using an intake, pond, lake or water reservation for any activity detrimental to water
quality.
(c)
Using ice covered water body for transporting logs or wood, or the use of
snowmobiles/motor vehicles/all-terrain vehicles, leading of large animals, or any other
activity, including littering, which may impair water quality.
(d)
Using or operating existing facilities in such a manner that may impairs or has the
potential to impair water quality.
(e)
Residential development (a sub-division of four or more lots), vehicle maintenance
facilities, warehouses, service stations, industries, and chemical and salt storage facilities.
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(f)
Storage and disposal of pesticides and manure, application of manure and chemicals in
specified buffer zones, extensive land clearing and peat land drainage without adequate
treatment.
(g)
Clear cutting of forest in sensitive areas, establishment of camps and camp facilities,
storage of chemicals, application of pesticides, drainage of peat land for afforestation,
and application of toxic fire retardants.
(h)
Resorts, hotels/motels, and golf courses.
(i)
Activities, operations, or facilities associated with aggregate extraction and mineral
exploration activities such as work camps, vehicle parking and maintenance facilities,
washing of aggregate, asphalt plants, discharge or deposit of waster materials into a body
of water, and significant disturbance to land for mineral exploration purposes.
(j)
Application of herbicides in the right-of-way, and use of chemically treated utility poles
and other related structures.
(k)
Aquaculture development and associated activities having potential to impair water
quality.
(l)
Processing and manufacturing plants having potential impair water quality.
(m)
Cemetery, waste disposal facilities, and any other storage or disposal facilities that the
Minister considers environmental unacceptable.
3.
Buffers
The following buffers extending from the highwater mark shall be maintained in a natural state:
Wt
Width of Buffer Zones
Water Body
Width of Buffer Zone
Rogers Tilt Pond
a minimum of 150 metres
River intake
a minimum of 150 metres for a distance of one km upstream
and 100 m downstream
Main river channel
a minimum of 75 metres
Major tributaries, lakes or ponds
a minimum of 50 metres
Other water bodies
a minimum of 30 metres
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4.
Public Street
Forestry, agriculture, water supply infrastructure such as intake structures, pumphouses or water
transmission lines are exempt from the requirement that development front on a public street.
5.
No Buildings
No permanent buildings shall be permitted except for those:
(a)
Associated with the water supply, or
(b)
Required by a public utility, or government department or agency.
6.
Existing Uses
Existing uses shall be permitted to continue and to expand.
7.
Recreation Open Space
Only passive recreational activities such as trails shall be permitted. No water-based activities such
as swimming or transportation uses such as wharves, slipways, docks or boat houses shall be
permitted.
8.
Agriculture
(a)
New agriculture uses may be permitted at the discretion of Council.
(b)
No activities that may impair water quality, such as storage and disposal of pesticides and
manure, application of manure and chemicals, extensive land clearing and peat land drainage
shall not be permitted.
(c)
No livestock buildings shall be permitted.
9.
Forestry
(a)
Forestry may be permitted at the discretion of Council.
(b)
No activities that may impair water quality such as extensive land clearing shall be permitted.
(c)
Forestry activities shall be restricted domestic wood harvesting within the Domestic Cutting
Area overlay.
10.
Advertisements
(a)
No signs except for those identifying a protected water supply, a wayfaring sign or a premises
sign located on the same lot as the business, service, industry, or other activity, shall be
permitted in the Protected Water Supply (PWS) zone.
(b)
No sign shall exceed 2.25 square metres.
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USE ZONE TABLE
ZONE TITLE - RESTRICTED (R)
PERMITTED USE CLASSES - (see Regulation 124)
Forestry, uses permitted in all zones (Regulation 68 (a) and (b)), and streets, services, and utilities
(Regulation 62).
DISCRETIONARY USE CLASSES - (see Regulations 27 and 125)
Discretionary uses in all zones (Regulation 68 (c))
CONDITIONS FOR RESTRICTED (R) ZONE
1.
Conservation and Recreational Open Space
Conservation and recreational open space uses shall be restricted to those which are low intensity
in nature, are related to trails or habitat conservation, and contain no buildings. Council shall
review proposals and ensure that development shall not:
(a)
Alter the intrinsic value of the landscape,
(b)
Create a hazard, and
(c)
Have negative off-site effects.
2.
Public Road
All uses are exempt from the requirement that development front onto a public street. Access may
be provided by a driveway or service road built to Council standards. As a condition of approval,
Council may require the driveway or service road to be barred after hours or seasonally.
3.
Advertisements
No signs except for wayfinding or interpretation signs shall be permitted in the Restricted (R) zone.
4.
Forestry
Forestry shall be restricted to domestic wood harvesting within the Domestic Cutting Area overlay
only.
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USE ZONE TABLE
ZONE TITLE - RURAL (RU)
PERMITTED USE CLASSES - (see Regulation 103)
Agriculture, forestry, cemetery, uses permitted in all zones (Regulation 68 (a) and (b)), and streets,
services and utilities (Regulation 62)
DISCRETIONARY USE CLASSES - (see Regulations 27 and 125)
Mineral working (condition 4), veterinary, outdoor market, indoor market, general industry (condition 5),
media (condition 6), light industry (condition 5), and discretionary uses in all zones (Regulation 68 (c))
CONDITIONS FOR RURAL (RU) ZONE
1.
Development Standards
The development standards for uses in this zone shall be determined case-by-case and shall
conform to the standards for the same uses in other zones.
2.
Access
(a)
Agriculture, forestry, cemetery, light industry, general industry, and mineral working may be
accessed by a driveway or service road and are exempt from the requirement that
development front on a public street.
(b)
Council may set out requirements for the driveway or service road. Council may require the
driveway or service road to be barred after working hours or during a shutdown of the use.
The driveway or service road for a mineral working use shall not pass through the Residential
Infill zone.
(c)
All other permitted and discretionary uses shall front on a public street.
3.
Domestic Wood Cutting
Any application for development within a Domestic Harvest Block identified on the Land Use Zoning
Map shall be referred to the Forestry Branch, Department of Fisheries, Forestry and Agriculture
before a development permit can be issued.
4.
Mineral Workings
(a)
Mineral working may include the extraction, processing or storage of gravel, sand, rock or
any other mined material, concrete and asphalt making, rock crushing, quarrying, and sand
and gravel pits and other types of mining in general. Mineral working uses shall be permitted
at the discretion of Council.
(b)
Any development proposed to take place within
(i)
50 metres of a mineral working operation or mining lease,
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(ii)
300 metres of an operational mineral working or mine, or
(iii)
1000 meters of a mineral working or mine in which blasting may take place,
must obtain approval from the Mineral Lands Division, Department of Industry, Energy and
Technology.
(c)
Any development involving mineral working, mining or mineral exploration must obtain
approval from the Mineral Lands Division, Department of Industry, Energy and Technology.
(d)
Mineral Working and mining shall comply with the terms and conditions of a permit and/or
license issued by the Mineral Lands Division, Department of Industry, Energy and
Technology.
(e)
All blasting activities shall be carried out in accordance with Occupational Health and Safety
Act and regulations made under that Act.
(f)
A mineral working shall be located a minimum of
(i)
300 metres from the Residential Infill zone or a dwelling unit,
(ii)
1000 metres from the Residential Infill zone or a dwelling unit if blasting is to
occur,
(iii)
50 metres from the Community Core, Open Space Recreation, Open Space
Conservation, Restricted, and Protected Water Supply zones,
(iv)
30 metres from any street, and
(iv)
50 metres from any water body, water course or wetland.
(g)
If any development occurs within the buffers identified section 4 (f), the mineral working
shall be permitted to continue.
(h)
Council may permit a washing and screening plant, crusher, concrete batch plant and similar
mineral working processing activities as a mineral working or mining use provide that the use
shall not significantly affect surrounding land uses by reasons of noise, vibration, fumes, dust,
odour, water drainage, unsightly storage of materials or general appearance.
(i)
An undisturbed buffer of 30 metres shall be maintained between the final perimeter of the
mineral working or mine and the lot boundary.
(j)
Where a proposed mineral working is in the vicinity of a public street, Council may require
screening to obstruct the visibility of the site.
(k)
All topsoil and organic material shall be stockpiled for future rehabilitation of the site.
(l)
No mineral working or mine shall create excessive drainage or erosion affecting adjacent
land or into water bodies, water courses or wetlands.
(m)
No mineral working or mine shall cause the accumulation or ponding of water in any part of
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the site.
(n)
The mineral working and mine shall be kept clean of refuse, abandoned vehicles,
abandoned machinery and equipment, and derelict buildings.
(o)
Upon abandonment of a mineral working or mine, the owner shall,
(i)
Removal all buildings, machinery and equipment,
(ii)
Grade all slopes to a slope less than 60 percent,
(iii)
Rehabilitate the entire excavated area with stockpiled topsoil and organic material,
(iv)
Close, bar and decommission the access road, and
(v)
Comply with any conditions imposed by Council.
5.
General Industry and Light Industry Uses
General industry, light industry, and associated accessory uses, may be permitted at the discretion
of Council provided that,
(a)
The use is restricted to maintenance and repair of equipment, processing and storage related
to agriculture, forestry, mineral working and other natural resource uses,
(b)
The proposed use shall not have an adverse visual impact on the built-up areas of the Town
and Council may require that the site be screened by landscaping, buffers or fences or
separated so not to be visible from public street and the built-up area,
(c)
The proposed use shall not generate an increase in traffic on streets in built-up areas,
(d)
The proposes operate without hazard or intrusion and without detriment to the surrounding
area by reason of noise, vibration, smell, and fumes, and
(e)
The proposed site can be developed without negative impact on the natural environment
and amenities of the Town, including watercourses and ponds.
6.
Media
Media uses, such as sound stages, requiring a large lot and/or a quiet environment may be
permitted at the discretion of Council provided that,
(a)
The proposed use shall not have an adverse visual impact on the built-up areas of the Town
and Council may require that the site be screened by landscaping, buffers or fences or
separated so not to be visible from public street and the built-up area,
(b)
The proposed use shall not generate an increase in traffic on streets in built-up areas,
(c)
The proposes operate without hazard or intrusion and without detriment to the surrounding
area by reason of noise, lighting, hours of operation or other nuisances,
(d)
The proposed site can be developed without negative impact on the natural environment
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and amenities of the Town, including watercourses and ponds.
7.
Advertisements
(a)
Only one portable sign shall be permitted on the same lot as the business, service, industry,
or other use is located. The placement of the portable sign shall not interfere with pedestrian
or vehicular traffic.
(b)
No ground sign shall exceed 7.5 square metres.
(c)
Off-site directional signs are subject to approval by the Government Service Centre,
Department of Digital Government and Service NL and must comply with the requirements of
the Highway Sign Regulations. Off-site directional signs are only permitted for uses associated
with tourism premises or tourism accommodation or services.
8.
Accessory Buildings
(a)
Council may establish the maximum lot coverage, maximum floor area, separation distances
and setbacks for accessory buildings in the Rural zone based on lot dimensions and the use.
(b)
An accessory building shall not exceed the dimensions and floor area of the main building on
the lot.
(c)
An accessory building shall not be located in front of the main building on the lot.
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SCHEDULE D - OFF-STREET PARKING REQUIREMENTS
1.
Off-Street Parking Requirements
(a)
For every building, structure or use to be erected, enlarged, or established, there shall be
provided and maintained a quantity of off-street parking spaces sufficient to ensure that the
flow of traffic on adjacent streets is not impeded by the on-street parking of vehicles
associated with that building, structure or use.
(b)
The number of parking spaces to be provided for any building, structure, use of occupancy
shall conform to the standards set out in Schedule D of these Regulations.
(c)
Each parking space, except in the case of a single or double dwelling, shall be made accessible
by means of a hard surface right-of-way at least 3 metres in width.
(d)
Parking required in the Residential Infill zone shall be provided on the same lot as the dwelling
or dwellings. Parking space for apartments shall be provided in the rear yard where possible.
Parking spaces for non-residential uses shall be provided within the limits of the zone in which
the use is situated and not more than 200 metres distant from the use concerned.
(e)
The parking facilities required by these Development Regulation shall, except in the case of
single or double dwellings, be arranged so that it is not necessary for any vehicle to reverse
onto or from a street.
(f)
No parking facilities shall conceal or alter municipal infrastructure.
(g)
No parking shall adversely affect adjacent lots due to placement of retaining walls, drainage,
or surface run-off or placement of access or parking spaces.
(h)
Where parking facilities for more than four vehicles are required or permitted,
(i)
parking space shall mean an area of land, not less than 16 square metres size, capable
of being used for the parking of a vehicle without the need to move other vehicles on
adjacent areas,
(ii)
the parking area shall be constructed and maintained to the specifications of Council
and shall be graded and surfaced with concrete, asphalt, or other hard material
approved by Council,
(iii)
Parking space surface shall not conceal or alter municipal infrastructure
(iv)
the lights used for illumination of the parking area shall be so arranged as to divert the
light away from adjacent development,
(v)
a structure, not more than 3 metres in height and more than 5 square metres in area
may be erected in the parking area for the use of attendants in the area.
(vi)
no part of any off-street parking area shall be closer than 1.5 metres to the front lot
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line in any zone,
(vii)
access to parking areas in non-residential zones shall not be by way of residential
zones, and
(viii) where a parking area is in or abuts the Residential Infill zone, a natural or structural
barrier at least 1 metres in height shall be erected and maintained along all lot lines.
(i)
The parking space standards for these Regulations shall be as follows,
(i) parking space width
=
2.75 metres
(ii) parking space length or depth
=
5.80 metres
(iii) minimum parking space area
=
16 square metres
(iv) aisle width
=
7.30 metres
(v) driveway width
=
7.00 metres.
(j)
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 Development Regulations in lieu of the provision
of a parking area, and the full amount of the levy charged shall be used by Council for the
provision and upkeep of alternative parking facilities within the general vicinity of the
development.
2.
Off-Street Loading Requirements
(a)
For every building, structure or use to be erected, enlarged or established requiring the
shipping, loading or unloading of animals, goods, wares or merchandise, there shall be
provided and maintained for the premises loading facilities on land that is not part of a street
comprised of one or more loading spaces, 15 metres long, 4 metres wide, and having a vertical
clearance of at least 4 metres with direct access to a street or with access by a driveway of a
minimum width of 6 metres to a street.
(b)
The number of loading spaces to be provided shall be determined by Council.
(c)
The loading facilities required by these Development Regulation shall be so arranged that
vehicles can manoeuvre clear of any street and so that it is not necessary for any vehicle to
reverse onto or from a street.
3.
Parking Space Requirements
Each use class shall meet the following parking space requirements unless exempt by Council in
accordance with section 1. (j) above.
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CLASS - ASSEMBLY USES
(a) Theatre
Two spaces for every 5 seats
(b) Cultural and Civic
One space for every 50 square metre of gross floor area
(c) Educational
K - 12 - 3 spaces for every classroom.
Other facilities - 1 space for every 5 persons using the facilities
(students, faculty and staff)
(d) Place of Worship
Two spaces for every 5 seats
(e) Passenger Assembly
As specified by Council
(f) Private Club
One space for every 3 persons that may be accommodated at
one time
(g) Catering
One space for every 3 persons that may be accommodated at
one time
(h) Lounges and Bars
One space for every 3 persons that may be accommodated at
one time
(i) Funeral Home
One space for every 10 square metres of gross floor area
(j) Child-Care Services
One space for every 20 square metres of gross floor area
(k) Amusement
One space for every 10 square metres of gross floor area
(l) Indoor Assembly
One space for every 10 persons that may be accommodated
at one time
(m) Outdoor Assembly
As specified by Council
CLASS - INSTITUTIONAL USES
(a) Detention Centre
As specified by Council.
(b) Medical Treatment and Special Care
One space for every 20 square metres of gross floor area
(c) Special Care
One space for every bed
(d) Collective Residential
As specified by Council
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CLASS - RESIDENTIAL USES
(a) Single Dwelling
Two spaces for every dwelling unit
(b) Double Dwelling
Two spaces for every dwelling unit
(d) Apartment Building
Three spaces for every two dwelling units
(e) Subsidiary Apartment
One space the subsidiary apartment in addition to the
two spaces for the main dwelling unit
CLASS - BUSINESS AND PERSONAL SREVICES
(a) Office
One space for every 20 square metres of gross floor area
(b) Professional Service
One space for every 20 square metres of gross floor area
(c) Personal Service
One space for every 20 square metres of gross floor area
(d) General Service
One space for every 20 square metres of gross floor area
(e) Media
As specified by Council
(f) Home-based business
Minimum of 1 space per non-resident employee
CLASS - COMMERCIAL USES
(a) Shopping Centre
One space for every 20 square metres of gross floor area
(b) Shop
Min. of 2 spaces plus one space for every 20 square metres
of gross floor area
(c) Convenience Store
Min. of 2 spaces plus one space for every 20 square metres
of gross floor area
(d) Take-Out Food Services
Min. of 2 spaces plus one space for every 15 square metres
of gross floor area
(f) Indoor Market
As specified by Council
(g) Outdoor Market
As specified by Council
(i) Commercial Residential
One space for every rental room
CLASS - INDUSTRIAL USES
(a) Hazardous Industry
One space for every employee, plus 3
(b) General Industry
One space for every employee, plus 3
(c) Light Industry
One space for every employee, plus 3
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CLASS - NON-BUILDING USES
(a) Outdoor Recreation
As specified by Council
(b) Conservation
As specified by Council
(c) Cemetery
As specified by Council
(d) Scrap Yard
As specified by Council
(e) Animal
Min. of 2 spaces plus one space for every 20 square metres
of gross floor area
(f) Transportation
As specified by Council